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HomeMy WebLinkAbout1775 e RESOLUTION NO. 1775 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING RESIDENTIAL-MOUNTAINOUS DEVELOPMENT PERMIT NO. RM 08-01 AND ARCillTECTURAL DESIGN REVIEW FOR AN OPEN AND UNCOVERED HILLSIDE DECK AT 383 TORREY PINES DRIVE WHEREAS, on May 28, 2008, a Residential-Mountainous Development Permit application was filed by Ms. Anni Wei for approval of I an open and uncovered hillside deck; Development St;rvices Department Case No. RM 08-01, at property commonly known as 383 Torrey Pines Drive; and . WHEREAS, a duly noticed public hearing was held by the Planning Commission On August 12,2008, at which time all interested persons were given full opportunity to be heard and to present evidenc'e. I NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA RESOLVES AS FOLLOWS: SECTION L , I That the factual data submitted by the Development Services Department in the attached report is true and cqrrect-. SECTION 2. This Commission finds: . 1. That the granting of such Residential-Mountainous Development ! ., Permit will not result in any of the following: e . e a. Excessive or unnecessary scamng of the natural terrain and landscape through grading or removal of vegetation; or b. Unnecessary alteration of a ridge or crestline; Qr c. Unnecessarily affect the view from neighboring sites; or I d. Adversely affect existing development or retard future development in this zone; or I e. Be inconsistent with the provisions of Divis~on 0 of Part 5 of Chapter 2 of Article IX of the Arcadia Municipal Code. I 2. That the use applied for will not have a substantial adverse impact I on the environment, and that the proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) because the project involves the construction and location of a small I I accessory structure, which meets the requirements. for a Class 3 (e) exemption under Section 15303 of the CEQA Guidelines. I SECTION 3. That for the foregoing reasons this Commission I I approves Residential-Mountainous Development Permit No. RM 08-0 I and its Architectural Design Review, for an open and uncovered hillside deck at I 383 Torrey Pines Drive, subject to the following conditions: -2- 1775 - . . 1. The deck shall be retrofitted within 30 days of the effective date of City approval of this application, and maintained aloJ1.g with the existing landscaping in a manner that is consistent with the plans and materials , I submitted to the City of Arcadia and approved by application no. RM 08-01 to the satisfaction of the Building Official, Fire Marsh~lI and Community Development Administrator. 2. The brightness of the light fixtures along the, edge of the top of the slope shall not exceed the minimum determined to be necessary for safety purposes by the Building Official. 3. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, i employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or I I land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, qr City Staff, which action is brought within the time period provided for in Government Code I Section 66499.37 or other provision of lawapplicabl~ to this project or decision. The City shall promptly notify the applicant of any claim, action, -3- 1775 . . e , or proceeding concerning the project and/or land use deCision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to rep'resent the City, its officers, employees, and agents in the defense of the matter. I 4. The approval of application no. RM 08-01 shall not take effect I until the owner and applicant have executed the Acceptance Form available , from Planning Services to indicate awareness and acceptance of the conditions of approval. SECTION 4. The Secretary shall certify to tJire adoption of this Resolution. Passed, approved and adopted this 26th day of August, 2008. I tJ ~ Chairman, Planning Commission A ;!-ES:r~ l~~_____ Secr eY, Planning Commission APPROVED AS TO FORM: ~p.~ Stephen P. Deitsch, City Attorney -4- 1775 . . . STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ARCADIA ) ) SS: ) I, JAMES M. KASAMA, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1775 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson I and attested to by the Secretary at a regular meeting of said PI8nning Commission held I on the 26th day of August, 2008 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Hsu, Parrille and Beranek I I NOES: None ABSENT: Commissioners Baderian and Baerg l~ Sec~ of the Planning Commission // . - . STAFF REPORT Developplent Services Department August12,2008 TO: FROM: Arcadia Planning Commission Jim Kasama, Community Development Administrator I SUBJECT: Residential Mountainous Development Permit Application No. RM 08-01 for a hillside deck at 383 Torrey Pines Drive SUMMARY i This application was submitted by the property owner to! legalize a deck that extends out from the top of the slope at the rear of the residence at 383 Torrey Pines Drive. It Is staffs opinion that the deck can be retrofitted to satisfy current building and safety codes, and that it can be retrofitted and maintained in a manner that will satisfy the R-M development criteria and the City's Single-Family Architectural Guidelines. Therefore, the Development Servicas Department is recommending approval of the applicanfs request, subject to the conditions listed ~~re_ I I GENERAL INFORMATION APPLICANT: Ms. Anni Wei, owner LOCATION: 383 Torrey Pines Drive REQUEST: A waiver of the following conditions of approval in Sections 3.8 and 3.11 of City Council Resolution No. 5274 for a deck that extends from the top of the slope on the west side of 383 Torrey Pines Drive: 3.8. That no stem wall construction shall ~ permitted. 3.11. If the slope height is greater than 20 feet, then the setback from the top of the slope shall be not less than 20 feet. . - . . LOT AREA: 42,857 square feet (0.985 acre) FRONTAGE: 133.14 feet along Torrey Pines Drive EXISTING LAND USE & ZONING: The property is improved with a two-story, 5,800 square-foot, single-family residence, a three-<:ar garage, and a swimming pool that were constructed in 2004. The property is zoned R-M. SURROUNDING LAND USES & ZONING: The surrounding properties are developed with similar single- family residences, and are zoned R-M. GENERAL PLAN DESIGNATION: Single-Family Residential - 0 to 6 dwelling u!lits per acre. PUBLIC HEARING NOTIFICATION Public hearing notices for application no. RM 08-01 were mailed on July 30, 2008 to the property owners, tenants and occupants of those pro~rties that are within 300 feet of the subject property, and/or are within Tract No. 42936 (Whispering Pines Estates - Phase II) as shown on the attached aerial map. The R-M regulations require 3oo-foot notification, but because City Council Resolution No. 5274 applies to all of Tract No. 42936, staff expanded the notification to include all of the properties in Tract No. 42936. BACKGROUND Tract No. 42936 and Residential Mountainous Development Permit application no. RM 85-01 for Phase Two of Whispering Pines Estates were approved on appeal by the City Council in January 1986. City Council Resolution No. 5274 lists the conditions of approval for RM 85-01. The subject property (Lot 10 of Tract No. 42936) is imprQved with a two-story, 5,800 square-foot, single-family residence; a three-<:ar g~ge, and a swimming pool. These improvements were completed in 2004. In early 2007, the City's Code Services issued a Notice of Violation citing eight (8) items, including the illegally constructed deck. The deck is the only remaining violation, and on May 28, 2008, application no. RM 08-01 was submitted to keep the deck. After consulting with Building Services and the Fire Prevention Bureau, the attached plans were prepared to retrofit the deck so that it will comply with current building and safety regulations. RM 08-01 I 383 Torrey Pines Dr. August 12, 2008 n___ ~ -c *p . Residential Mountainous Development Permits are to be approved by the Planning Commission. However. because RM 85-01 was approved by the City Council on appeal. this application to waive certain conditions of approval that are specified in City Council Resolution No. 5274 must be approved by the City Council. Therefore. in this case. if the Planning Commission approves application no. RM 08-01, the decision will be forwarded to the City Council for their consideration and action. If the Planning Commission denies this application, the applicant may appeal to the City Council. EVALUATION CRITERIA . Section 9250.5.9 of the R-M Zoning Regulations lists the following criteria for the evaluation of RM Development Permit applications: A. The following criteria shall be considered in assessing' the application for a development permit: 1. Extent of grading required for the reasonable use of the property. 2. Visual impact of the proposed project. 3. Relationship of the proposed project to adjoining properties and/or structures. 4. Adequacy of proposed landscaped areas, drainage facilities, erosion control devices and other protective devices. 5. Adequacy of fire equipment access. 6. Extent of preservation of existing ridge and aestlines. 7. Extent of attempt to have roads follow existing contours. 8. Developability of sites. I B. An application shall be denied if. in the judgment of the! City. based upon the purpose of this Division. the proposed wor1< or design oflthe lots and streets in the development would: , 1. Cause excessive or unnecessary scarring of the natural terrain and landscape through grading or removal of vegetation;: or 2. Cause unnecessary alteration of a ridge or aestline;! or , 3. Unnecessarily affect the view from neighboring sites; or 4. Would adversely affect existing development or retard future development in this zone; or . RM 08-01 383 Torrey Pines Dr. August 12. 2008 n___ I) ~.., 1- . . 5. Be inconsistent with the provisions of this Division. C. In granting a development permit, the City may impose conditions which may be reasonably necessary to prevent danger to publiC or private property or to prevent the operation from being conducted in a manner likely to create a nuisance. No person shall violate any conditions so impbsed in said permit by the City of Arcadia. Such conditions may include, but not be limited to any of the aforementioned requirements of this Division. The City Engineer or a designated alternate may issue a permit for any emergency hillside work that may be necessary to prevent danger to public or private property. PROPOSAL AND ANALYSIS The applicant is requesting to be allowed to keep and retrofit an open, uncovered deck that was built without approvals or permits along the' westerly edge of the building pad at 383 Torrey Pines Drive - see the attached photographs. The deck requires two waivers from the restrictions of City Council R~solution No. 5274: 1) Because the underside of the deck is required to be enclosed to prevent the accumulation of flammable debris; and 2) because the deck is not set back 20 feet from the top of the slope. The applicant explained that she and her parents were unaWare that the deck and the other structures were violations of the City's regulations; They have resolved all of the violations, except for the deck, which is the o,ne structure that the applicant wishes to keep. The applicant has provided plans and engineering reports to show that the deck can be made to comply with the required Building and Safety Codes, and has stated that the existing landscaping, which screens the deck, will be preserved both during and after the retrofitting of the deck. Waiver No. 1 - Condition No. 3.8 . That no stem wall construction shall be permitted. I In order to comply with the Fire Prevention Bureau's requi~ments, the underside of the deck must be enclosed with at least lattice sC/"8!i'ning to prevent the accumulation of flammable debris underneath the deck. This enclosure is considered a type of stem wall that is prohibited by Condition No. 3.8 of Resolution No. 5274. Condition No. 3.8 was imposed to preserve the app~ce of the slopes by preventing structures from being built on the slopes. Attached are photographs taken by the applicant that show that the deck is not visible from the properties to the west that are at lower elevations, and the applicant has stated that the existing landscaping will be maintained. Therefore, the deck is not I)aving a visual impact on the hillside. ' RM 08-01 383 Torrey Pines Dr. August 12, 2008 "---.. -......, - . . VIlaiver NO.2 - Condition No. 3.11 i . If the slope height is greater than 20 feet, then the setbapk from the top of the slope shall be not less than 20 feet. This condition was imposed to somewhat alleviate the visual impacts of the new development. The 20-f00t setback does little to address the views of the houses, but it does prevent accessory structures, such as fences and patio covers, from further altering the appearance of the top of the slope. The applicant's deck extends almost 10 feet out from the top of the slope. At its outer edge the height of the deck and railing is about nine feet. And, the eight-foot tall light fixtures are along the edge of the top of the slope. The applicant's photographs, however, show that the deck and the light fixtures are not visible from the properties to the west that are at lower elevations.' And, staff has seen that at nighttime, it is difficult to discern the patio lights from the lights of the houses and the other backyard lighting of the Whispering Pines Estates. If low- wattage bulbs are used, the patio lighting would be even lesS noticeable. I It is staff's opinion that the deck and lighting have had a ininimal visual impact upon the hillside and the neighboring properties, and that th~y are not inconsistent With the provisions of the R-M zoning, provided that the conditions listed in this report are complied with. Architectural Desion Review I The Whispering Pines Estates conducts architectural design review through its homeowners' association, and the applicant has been in co/1tact with them about the deck. However, Whispering Pines Estates is not an essociation that is designated by the City for architectural design review purposes. Therefore, concurrent with the consideration of this Residential Mountainous Development Permit application, the Planning Commission is to approve, conditionally approve, or disapprove the architectural design of the deck and lights. The only architectural change proposed for the deck is the a!idition of the redwood lattice to enclose the underside of the deck. This material is to be consistent with the deck. Stafl's opinion is that the deck and lights with the existing landscaping are visually harmonious with the surrounding developme$, and that they are consistent with the City's Architectural Design Review Guidelines. CODf; REQUIREMENTS I ! The d~ and lights are subject to permits and inspections ~nd are required to be in compliance with all applicable Code requirements and policies as determined to be necessary by the Building Official, Fire Marshall, City Engineer, Community RM 08-01 383 Torrey Pines Dr. August 12, 2008 "_..._ e.-6..,. ..- . . Development Administrator, and Public Works Services Director. Compliance requirements are to be determined by having fully detailed construction plans submitted for plan check review and approval. This application was submitted to resolve violations of the ArCadia Municipal Code, including building and safety codes. As such, regardless of whether, or not this application is approved, compliance must be achieved in a timely manner. If the application is approved, permits are to be obtained and the; retrofitting work is to begin within 30 days. If the application is denied, removal ofithe deck and lights is to begin immediately. : CEQA The proposed project is categorically exempt from the 'requirements of the California Environmental Quality Act. The project involves the construction and location of small accessory structures. This meets the requirements for a Class 3(e) exemption under Section 15303 of the CECA Guideline~. i RECOMMENDATION The Development Services Department recommends approval of Residential Mountainous Development Permit No. RM 08-01 and its architectural design review, subject to the following conditions: I 1. The deck shall be retrofitted within 30 days and maintained along with the existing landscaping in a manner that is consistent with the plans and materials submitted and approved by application no. RM 08-01 to the satisfaction of the Building Official, Fire Marshall and Community Development Administrator. 2. The brightness of the light fixtures along the edge of thJ top of the slope shall not exceed the minimum determined to be necessary for safety purposes by the Building Official. 3. The applicant shall defend, indemnify, and hold harml~s the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City ~all promptly notify the applicant of any claim, action, or proceeding concern!ng the project and/or land use decision and the City shall cooperate fully in the defense of the RM 08-01 383 Toney Pines Dr. August 12, 2008 M___ 0 -...., .It . . I , matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employee~, and agents in the defense of the matter. 4. The approval of applicetion no. RM 08-01 shall not take effect until the owner and applicant have executed the Acceptance Form available from Planning Services to indicate awareness and acceptance of the cqnditions of approval. p"LANNING COMMISSION ACTION Aooroval The Planning Commission should move to approve application no. RM 08-01 and its architectural design review, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission's decision, the categorical exemption, the conditions of approval as listed in this report,or as modified by the Commission, and the Commission's specific reasons and determinations that support a finding that the deck and light fixtures are consistent with the provisions of the R-M Zone. After adoption of the resolution, this application will be forwarded to the City Council for their consideration and action. Denial The Planning Commission should move to deny application no. RM 08-01 and its architectural design review, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission's decision and the specific determinations, reasons and findings in support of the decision. If any Planning Commissioner, or other interested party has any questions or comments regarding this project prior to the August 12th hearing, please contact Jim Kasama at (626) 574-5423. Attachments: Aerial Photo Photos of Deck Plans Preliminary Exemption Assessment RM 08-01 383 Torrey Pines Dr. August 12, 2008 n...__ "'7 ~ ~