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HomeMy WebLinkAbout7-27-10PLEDGE OF ALLEGIANCE ROLL CALL SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON PUBLIC HEARING ITEMS 5 minute time limit per person. PUBLIC HEARINGS All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning any of the proposed items set forth below for consideration. You are hereby advised that should you desire to legally challenge any action taken by the Planning Commission with respect to the proposed item for consideration, you may be limited to raising only those issues and objections, which you or someone else raises at or prior to the time of the Public Hearing. 1. HOMEOWNERS' ASSOCIATION APPEAL NO. HOA 10 -05 368 Harvard Drive Warren Cross, Representative of Western Roofing Systems on behalf of the property owner, Mr. Pat Negarty This is an appeal to reconsider the Rancho Santa Anita (Lower Rancho) Homeowners' Association's Architectural Design Review Board decision to deny the use of Metro Shake 11, Shadow wood, stone coated steel roofing material at the subject residence. RECOMMENDATION: Approve appeal ARCADIA PLANNING COMMISSION AGENDA Tuesday, July 27, 2010, 7:00 P.M. Arcadia City Council Chambers There is a five working day appeal period after the approval /denial of the appeal. Appeals are to be filed by 5:30 p.m. on Wednesday, August 4, 2010. 2. TENTATIVE PARCEL MAP NO. TPM 10 03 (71335) 124 S. Second Avenue Donald Young The applicant is requesting approval of a Tentative Parcel Map for a two -unit residential condominium subdivision. RECOM MENDATION: Conditional approval There is a ten (10) day appeal period after the approval /denial of the subdivision. Appeals are to be filed by 4 :30 p.m. on Friday, August 6, 2010. Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574 -5423. PC AGENDA 7 -27 -10 3. TENTATIVE TRACT MAP NO. TM 71365 728 W. Huntington Drive Dexter Huntington, LLC The applicant is requesting approval of a Tentative Tract Map for a five (5) unit residential condominium subdivision. RECOMMENDATION: Conditional approval There is a ten (10) day appeal period after the approval/denial of the subdivision. Appeals are to be filed by 4:30 p.m on Friday, August 6, 2010. CONSENT ITEMS 4. MINUTES OF JULY 13, 2010 RECOMMENDATION: Approval MATTERS FROM CITY COUNCIL PLANNING COMMISSION MODIFICATION COMMITTEE AGENDA MATTERS FROM STAFF UPCOMING AGENDA ITEMS ADJOURNMENT Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574 -5423. PC AGENDA 7 -27 -10 PLANNING COMMISSION Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (626) 574 -5423. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Public Hearing Procedure 1. The public hearing is opened by the Chairman of the Planning Commission. 2. The Planning staff report is presented by staff. 3. Commissioners' questions relating to the Planning staff report may be asked and answered at this time. 4. The applicant is afforded the opportunity to address the Commission. 5. Others in favor of the proposal are afforded the opportunity to address the Commission. (LIMITED TO 5 MINUTES) 8. Those in opposition to the proposal are afforded the opportunity to address the Commission. (LIMITED TO 5 MINUTES) 7. The applicant may be afforded the opportunity for a brief rebuttal. (LIMITED TO 5 MINUTES) 8. The Commission closes the public hearing. 9. The Commission members may discuss the proposal at this time. 10. The Commission then makes a motion and acts on the proposal to either approve, approve with conditions or modifications, deny, or continue it to a specific date. 11. Following the Commission's action on Conditional Use Permits and Variances, a resolution reflecting the decision of the Planning Commission is prepared for adoption by the Commission. This is usually presented at the next Planning Commission meeting. There is a five (5) working day appeal period after the adoption of the resolution. 12. Following the Commission's action on Modifications and Design Reviews, there is a five (5) working day appeal period. 13. Following the Commission's review of Zone Changes, Text Amendments and General Plan Amendments, the Commission's comments and recommendations are forwarded to the City Council for the Council's consideration at a scheduled public hearing. 14. Following the Commission's action on Tentative Tract Maps and Tentative Parcel Maps (subdivisions) there is a ten (10) calendar day appeal period. Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574 -5423. PC AGENDA 7 -27 -10 July 27, 2010 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Lisa L. Flores, Senior Planner STAFF REPORT Development Services Department SUBJECT: Homeowners' Association's Appeal No. HOA 10 -05 of the denial of a new metal roof for 368 Harvard Drive. SUMMARY This is an appeal by Mr. Warren Cross, representative from Western Roofing Systems on behalf of the property owner, Mr. Negarty of a denial by the Rancho Santa Anita (Lower Rancho) Homeowners' Association's Architectural Review Board (ARB) for the use of Metro Shake II, Shadow Wood, stone coated steel roofing to re -roof the residence and garage at 368 Harvard Drive. An Aerial Photo, a Vicinity Map with zoning information, and photos of the subject property are attached. The Development Services Department is recommending that the Planning Commission overturn the ARB decision and approve appeal no. HOA 10 -05, subject to the conditions listed in this staff report. BACKGROUND On July 6, 2010, the Lower Rancho ARB denied the homeowners' application to replace the existing wood shake roof at 368 Harvard Drive with a Metro Shake II, Shadow Wood, stone coated steel roof. The application was denied by Mr. Steve Mathison, the current Lower Rancho ARB Chairman. The ARB Findings and Action report (attached) indicates that the application was denied because the proposed material is. not consistent with the City's Design Guidelines and because the application was incomplete; in particular, that there were no signatures from the neighbors. On July 7, 2010, Mr. Warren Cross filed the attached appeal. PUBLIC HEARING NOTIFICATION Public hearing notices of this appeal were mailed on July 15, 2010 to the owners of those properties within 100 feet of the subject property see the attached 100 -foot radius map, and to the Lower Rancho HOA President, Mr. Kevin Tomkins, and the ARB Chairman, Mr. Steve Mathison. Pursuant to the provisions of the California Environmental Quality Act (CEQA) a re- roofing project is Categorically Exempt under Section 15301 of the CEQA Guidelines maintenance of an existing structure; and therefore, the public hearing notice was not published in a local newspaper. PROPOSAL AND ANALYSIS The appellant is requesting that the Planning Commission overturn the Lower Rancho ARB decision to deny the use of Metro Shake II, Shadow Wood, stone coated steel roofing at 368 Harvard Drive. The ARB Findings and Action report indicates the proposal was denied for the following reasons: 1. Application form not completed (no signatures from the neighbors); 2. City of Arcadia Single- Family Residential Design Guidelines (page 11) under roofs: "Discouraged roof types include metal roofing panels;" and 3. City of Arcadia Single Family Residential Design Guidelines (page 17) under materials: "Synthetic materials made to simulate wood are discouraged." The appellant, based on past applications for similar metal roofs, did not get the neighbors' signatures because he believed that the ARB would deny his application with or without all of the neighbor's signatures of consent. Subsequent to filing the appeal, however, the appellant did obtain most of the neighbors' signatures see the attached Short Review Procedure application form. The appellant states that one neighbor would only give a verbal consent to the proposed material. In regards to the Design Guidelines, the ARB has interpreted them incorrectly. The City Guidelines discourage metal roofing panels, not individual metal tiles. And, the other guideline is intended to address exterior building materials that are applied to the walls of a structure, such as aluminum siding. As stated in the attached appeal letter, the property owners' contractor believes that he has substantially and successfully demonstrated that the proposed material (see attachments) meets or exceeds the minimum design standards, and cites examples of successful installations of the proposed roofing material. Staff's opinion is that these installations are aesthetically appealing, are consistent with the City's Single Family Residential Design Guidelines, and are compatible with other structures in the neighborhood. Attached are photos of some properties in the Lower Rancho area that have stone coated, steel roof tiles. The Lower Rancho regulations (City Council Resolution No. 5287 attached) require that any body hearing an appeal of an ARB decision be guided by the standards stated in item 15 of Section 3 of Resolution No. 5287. The roof of a residence is an important design element and an appropriate material enhances the architectural appearance of the structure. The City's Single Family Residential Design Guidelines state, "The roof of a house does more than provide shelter from the elements; it helps define the architectural style of a residence." And, "Roof plans and materials should be compatible with the architectural style and design of the structure." The homeowners' proposed roofing material is not new to the Lower Rancho area. There are many homes in the Lower Rancho area that have stone coated, steel roofs, and this is the fifth appeal for this roofing material that is being brought to the Planning Commission within a year's time. All four of the previous appeals were conditionally approved. Staff has noted that there are detail elements of older steel roofs that are not particularly attractive; such as the edges of the tiles, the ridge tiles, and the eaves. However, the material Appeal No. HOA 10 -05 368 Harvard Drive July 27, 2010 page 2 the homeowners want to install is significantly improved in style and details to better simulate a wood -shake roof. Additionally, the homeowners and their contractor are willing to install the roof in accordance with the following conditions (subject to the satisfaction of the Building Official and Fire Marshal) that the Lower Rancho ARB used to impose on steel roof projects to ensure that the steel roofs would closely simulate a wood -shake roof: 1. The roof shall have open cut valleys. 2. A drip -edge overhang shall be provided at the eaves. 3. The edges shall not be exposed more than two inches. 4. The starter of the ridge shall be cut and bent neatly. 5. No trim tiles shall be used on the rake of the gable roof. Stone- coated, steel -shake roofs have been installed on many residences throughout the City and in the other homeowners' association areas because many builders and homeowners feel that the material is very durable and has a substantive appearance, but without the weight and structural requirements of concrete -tile roofs. And, unlike a wood roof, the steel shingles do not separate or warp over time, and are fire retardant. The Arcadia Fire Department does not have any concerns with the use of the proposed metal roofing material. Staff agrees with the appellant that steel -shake roofs weather well, are durable enough to be walked on, have an aesthetically pleasing appearance, and would be an aesthetic improvement to the subject property. ADDITIONAL INFORMATION As directed by the Planning Commission after the discussion on architectural review procedures at the June 8, 2010 regular meeting, staff is planning a study session with all five of the homeowners' associations and architectural review boards to discuss the design review process. Additionally, Mr. Kevin Tomkins, President of the Lower Rancho area contacted the Development Services Director on July 13, 2010 to arrange an earlier meeting with staff to discuss the Lower Rancho's metal roof issue. RECOMMENDATION Staff recommends that the Planning Commission overturn the Lower Rancho ARB decision to deny the use of Metro Shake II, Shadow Wood, stone coated steel roofing, and approve Homeowners' Association Appeal No. HOA 10 -05, subject to the aforementioned conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve the appeal and overturn the ARB denial, the Commission should move to approve Homeowners' Association Appeal No. HOA 10 -05, subject to the stated conditions of approval or as modified by the Commission, based on a determination that the proposed project meets contemporary accepted standards of harmony and compatibility with the neighborhood, and is of good architectural character. Appeal No. HOA 10 -05 368 Harvard Drive July 27, 2010 page 3 Denial If the Planning Commission intends to deny the appeal and uphold the ARB decision, the Commission should move to deny Homeowners' Association Appeal No. HOA 10 -05, based on a determination that the proposed project is not harmonious or compatible with the neighborhood, or is of poor architectural character, or would be detrimental to the use and enjoyment and value of adjacent properties and the neighborhood. If any Planning Commissioner or other interested party has any questions or comments regarding this matter prior to the July 27, 2010 public hearing, please contact Senior Planner, Lisa Flores at (626) 574 -5445 or at Iflores(a ci.arcadia.ca.us. Approved by: unity Development Administrator Attachments: Aerial Photo and Vicinity Map with Zoning Information Photos of Subject Property ARB Findings and Action Appeal Letter 100 -foot Radius Map Short Review Procedures Application Form Pictures of Proposed Metal Roofing Material Photos of Homes in Lower Rancho with Stone coated Steel Roofs City Council Resolution No. 5287 Appeal No. HOA 10 -05 368 Harvard Drive July 27, 2010 page 4 Development Services Department Engineering Division Prepared by: R.S.Gonzalez, July 2010 368 Harvard Drive HOA 10 -OS Development Services Department Engineering Division Prepared by: R.S.Gonzalez, July 2010 Santa Aflh R-1 cerr" 368 Harvard Drive HOA 10-05 so° Subject property 368 Harvard Drive 368 Harvard Close -up photo of the existing wood shingles Appeal No. HOA 10 -05 368 Harvard Drive July 27, 2010 Rancho Santa Anita Resident's Association ARB File No. Review Date: CO ARCHITECTURAL DESIGN REVIEW BOARD (COMMITTEE) FINDINGS AND ACTION A. PROJECT ADDRESS: 3&6 k) vk-g-b B. PROPERTY OWNER(S): T14-T t4 --6r t4g-'t y ADDRESS (IF DIFFERENT) C. Architect/designer Contractor b 44lEPG59 62055. Ph 6,Z,(© 7t'3 Z47 7 D. Proposed Project: L r et,O C",15 .77A)4 ,k46 fit) 57 6' O #4-7"L t irL., E. FINDINGS (Only check those that apply and provide a written explanation for each check) 1. The proposed construction materials ARE ARE NOT compatible with the existing materials, because 2. The proposed materials WILL (t. 1 ILL NOT have a significant adverse impact on the overall appearance of the property, because 3. The proposed project IS IS NOT significantly visible from the adjoining properties, because 4. The proposed project IS (t.. IS NOT significantly visible from the adjoining public right of way, because 5. The elements of structure's design ARE ARE NOT consistent with the existing building's design, because LJ /4 6. The proposed project IS IS NOT in proportion to other improvements on the subject site or to improvements on other properties in the neighborhood, because AbA1— 7. The location of the proposed project WILL WILL NOT be acceptable and not detrimental to the use, enjoyment and value of adjacent property and neighborhood, because Nil 8. The proposed project's setbacks DO DO NOT provide for the adequate separation between improvements on to came or adjoining properties, because City modification required Not required r( n o D 3 Sheet 1 of 2 F. OTHER FINDINGS: G. ACTION: Approval without conditions Approval with following conditions Denial H. DATE OF ARCHITECTURAL REVIEW BOARD (ARB) ACTION '7 Cr /0 1. ARB MEMBER (S)/ COMMITTEE RENDERING THE ABOVE DECISION J. APPEALS SIGNED: PRINT NAME: TITLE: ADDRESS: SPECIAL ARB CO F �Lm�t1 RANCH 40 No- t tfri o lJ 5 11 4- ARB File No. OWNER: i 'r ri ,.tr2,,atu E Appeals for the ARB's (Committee's) decision shall be made to the Planning Commission. Anyone desiring to make such an appeal should contact the Planning Offices for the requirements, fee and procedures. Said appeal must be made in writing and delivered to the Planning Offices, 240 W. Huntington Dr., Arcadia, CA 91007 within seven (7) working days of the Board's (Committee decision. K. EXPIRATION OF APPROVALS If for a period of one (1) year from the date of approval, any project for which plans have been approved by the Board (Committee), has been unused, abandoned, or discontinued, said approval shall become null and void and of no effect. SANTA ANITA RESIDENT'S ASSOCIATION DATE: PHONE: FAX: Arcadia, CA 91007 3 NTS: Z erffreW S FOR P tie -t. ff&G (L l6t tt it-ror "P-o r liJi /G. M !3 .5 2) a 04 6t-r 6- t)fDti /Je, P'G avPaz ge)e) 5 (zoo PAO c e 4 ;I-g. C, J/PELi /jam /7 L' r ti frm 1 Ml T° Sheet 2 of 2 °i'tf 0 U P 60" Contractors Lio. No. 675902 April 19, 2010 Lisa Flores Senior Planner City Of Arcadia 240 W. Huntington Dr. Arcadia, Ca 91066 -6021 Re: Mr. and Mrs. Pat Hegarty 368 Harvard Dr. Arcadia, Ca 91107 626 445 -2228 Dear Ms. Flores, Western Rooring Systems 2031 East Cerritos Avenue, Suite 7E, Anaheim, CA 92806 Office 714. 778.5163 Fax 714.778 -0248 Regional Office 800.766.8000 This letter is to initiate the appeal process on behalf of the above referenced property owners, for having been denied an Application for Homeowners Association Architectural Design Review (Short Review Procedure) for the re- roofing of their home in Rancho Santa Anita Residence Association. The attached denial application states that the Metro Shake II, Western Wood, stone- coated steel roofing material that had been conditionally approved, (and many times revised, at the direction of the board on at least ten prior occasions) was rejected by Mr. Steve Mathison on behalf of the Architectural Review Board "due to appearance of material and installation details." We believe that we have substantially and successfully demonstrated, to the satisfaction of the previous A.R.B. Chairman, Mr. Tony Hennch and board at large, that the basic field material along with the many details as prescribed on recent installations for example at 531 N. Monte Vista Rd., 1 Altura Rd., 415 Cambridge Dr. and 417 Harvard Dr. that this material meets or exceeds at least the minimum design criteria standards previously described to us and held to by other pre approved materials. At the previous Planning Commission Meeting in September of this year, they unanimously ruled in favor of our appeal and allowed for the most recent installation at the Sonneberg residence at 531 N. Monte Vista Rd. Arcadia. Please let me know what the next step is in the appeal process and I will happily comply. Warren Cross, Western Roofing Systems San Gabriel Valley Office 1522 Meadow Glen Way Hacienda Heights, Ca 91745 Cell 626 786 -2477 Fax 626 912 -9014 100 -foot radius around 368 Harvard Dr. SCALE 1 1,641 1 APPLICATION FOR HOMEOWNER ASSOCIATION ARCHITECTURAL DESIGN REVIEW (SHORT REEVIEW PROCEDURE) A. PROJECT ADDRESS 3( g, �V/4 B. PROPERTY OWNER 1 ADDRESS (IF DIFFERENT) TELEPHONE NUMBER 626 45 62-20 C. APPLICANT (IF OTHER THAN OWNER) W(Ar't'eAA ADDRESS c22 ltz thAeAfiga, c:4 TELEPHONE NUMBER ‘24 7 '7-2 D. DESCRIPTION OF PROJECT (check applicable) ENCLOSED ADDITION TO MAIN DWELLING SQUARE FOOTAGE TO BE ADDED FILE N0. DATE FILED UNENCLOSED ADDITION SQUARE FOOTAGE OF ADDITON pi' ROOFING MATERIALS &1h€ 2 c' 4 4 4 44 4 AI5vit EXTERIOR ALTERATIONS (describe below) EXTERIOR WALLS OR FENCES (describe below) [J OTHER (describe below) 'UI 4,7444144- )4 74,utt,t e t .,c fr atae- 7ted,e, 4-11-evite-i,a4U WE, THE UNDERSIGNED (SIGNATURES) OWNERS OF ADJACENT PROPERTY, CERTIFY THAT WE HAVE READ THE FOREGOING APPLICATION, AND HAVE SEEN THE PROPOSED PLANS, AND HEREBY GRANT OUR CONSENT TO THE PROPOSED PROJECT. 7. EXAMPLE: SIGNATURE OF OWNER ADJACENT PROPERTY OWNERS SHALL BE CONSIDERED TO BE ALL PROPERTIES WHOSE BOUNDARIES ARE, IN WHOLE OR IN PART, CO- TERMINUS WITH THE SUBJECT PROPERTY: 2 1 3 SUBJECT PROPERTY !Al 4 66 X �ik-P P .p(Z Metro ShakeTM The classic rustic style of wood shake in lightweight high strength steel. Metro Shake' is a batten -less design that is revolutionizing the re- roofing industry. Each panel is forged with deep wood grain impressions creating an exceptionally strong, lightweight (1.51bs /sq. ft.) and secure steel roof covering to suit any architectural style. Metro's advanced coating technology and unique batten -less design eliminates the wood battens allowing for faster install times. A Metro Shake'" roof gives you the charm of wood shake without the associated problems of splitting, warping or increased fire risk. Instead you'll enjoy excellent durability, long life and low maintenance even in the harshest climates. Metro is proud to offer our customers select colors with the ENERGY STAR label and our attractive color palette lets you choose just the right look that can transform your home Metro Shake" Smart Roofs for Smart People' BEECHWOOD (Dark Brown Accent) BIRCH -II (Black Accent) CHARCOAL (Solid color) COLOR RANGE Metro Root' Products Smart Roofs for Smart People` ENERGY STAR PARTNER Limited color range Contact Metro for =rent Energy Star colors WALNUT (Black Accent) WEATHERED TIMBER (Black Accent) WESTERN WOOD (Light Tan Accent) Above chart shows STANDARD STOCK COLORS for Metro Shake' panels Always select colors from ACTUAL samples PREMIUM, SPECIAL, and CUSTOM COLORS and Fleshings are available 3093 Industry Street Oceanside, CA 92054 Tel: (866) METRO-4U (638.7648) Fax: (760) 435 -1162 www.metroroofs.com Metro ShakeTM Lightweight and built for tong -life. Metro Shake is finished with an attractive stone coating embedded in a UV resistant acrylic polymer for a lasting bond to the 26 -gauge *Galvalumea steel covered with 100% acrylic over glaze. Purchase with Confidence All Metro products provide heavy -duty warranty performance, from 120 -mph winds to hail impact and fire resistance, Take a look at today's steel roofing and select from a wide range of earth -tone colors to suit your home. For years we've been a leader in the design and production of quality stone coated steel roofing, producing a roofing product that is of high quality and affordable. 1 50 -Year Limited Product 25 -Year Appearance Warranty (Unlimited transfers IS a lengthy appearance warranty) 120 -mph Wind Warranty (Tested in the harshest conditions can be engineered for USA Coastal High Wind areas to 150 -mph) Hail Warranty (Class 4 The highest UL 2218 rating for hail impact) Lightweight Walkable 1.51b/sq. ft. (Earthquake Strong with lightweight batten grid inter- locking panels provide shear strength of 112" plywood) Class -A Fire Rating (Meets the strictest fire codes across the country. Prevents residential fires from spreading) Testing Credentials ICC Evaluation Reports ER -5218 ER -5626 UL 'Listed' R19204 UL Class -4 Impact Rating (Hail) FLORIDA FL- 698.R1- Approved FLORIDA 4 FL -6710 HVHZ areas Approved Miami -Dade NOA -407- 0511.11 Approved Metro Roman Tile PATENT Design Patent No., 29/221691 Jan -21, 2005 'Galvalume is a registered trademark of BIEC International Inc. ©2007 Copyright Metro Roof Products 10-07 50M -R010M MR•1.5RK Homes Recently Approved with Metal Roofs 531 N. Monte Vista Rd. HOA Appeal (September 2009) 411 Oxford Drive HOA Appeal (January 2010) Appeal No. HOA 10 -05 368 Harvard Drive July 27, 2010 1163 Encanto Drive HOA Appeal (April 2010) 417 Harvard Drive HOA Appeal (May 2010) Appeal No. HOA 10 -05 368 Harvard Drive July 27, 2010 RESOLUTION NO. 5287 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DETERMINING AND AMENDING REGULATIONS APPLICABLE TO REAL PROPERTY IN THE RANCHO SANTA ANITA AREA AND IN THE AREA BETWEEN THE TURF CLUB AND COLORADO STREET D ARCHITECTURAL DESIGN ZONE AREA THE CITY COUNCIL OF THE CITY OF ARCADIA DOES DETERMINE AND RESOLVE AS FOLLOWS; SECTION 1. That the City Council hereby repeals Resolution No. 4020, and adopts the following resolution pursuant to Ordinance No. 1389, for the property described in Exhibit A, attached hereto. To implement the regulations applicable to the real property within the Rancho Santa Anita Residents' Association D Architectural Design Zone area, the Architectural Review Board is established and is hereinafter referred to as the "Board The governing body of the Board, is the Rancho Santa Anita Residents' Association. SECTION 2. In order to promote and maintain the quality single family residential environment of the City of Arcadia, and to protect the property values and architectural character of such residential environments, in those portions of the City in which the residents have formed a homeowners association, and to accomplish the purposes set forth in Section 4, there is hereby established the following regulations and procedures in which said association may exercise plan review authority. SECTION 3. In order that buildings, structures and landscaping on property within said area will be harmonious with each other and to 1 5287 promote the full aria proper utilization of said propel _y, the following conditions are hereby imposed upon all property in said area pursuant to the zoning regulations of the Arcadia Municipal Code, and all those in control of property within said area, are subject to this resolution and Ordinance No. 1832: 1. FLOOR AREA. No one family dwelling shall be erected or permitted which contains less than 1,400 square feet of ground floor area if one story in height, and not less than 1,000 square feet of ground floor area if one and one -half or two stories in height. The space contained within an open porch, open entry, balcony, garage, whether or not it is an integral part of the dwelling, patio, basement, or cellar shall not be considered in computing the square footage contained in any such building. The minimum required floor area shall be deemed to include the area measured from the outer faces of the exterior walls. 2. FRONT YARD. If a dwelling with a larger front yard than the minimum required by the underlying zone designation exists on a lot on either side of a lot proposed to be improved, the Board shall have the power to require an appropriate front yard on the lot to be improved, including a setback up to a size as large as an adjacent front yard. 3. SIDE YARD. A lot with a building or any part thereof, occupying the front one hundred (100) feet, or any part thereof, of such lot shall have a side yard of not less than ten (10) feet. 4. ANIMALS. Wild animals, sheep, hogs, goats, bees, cows, horses, mules, poulty, or rabbits shall not be permitted or kept. 5. EXTERIOR BUILDING MATERIALS. Materials used on the exterior of any structure, including roofing, wall or fence greater than two (2) 2 5287 feet above the lowest. adjacent grade, shall be compatible with materials of other structures on the same lot and with other structures in the neighborhood. 6. EXTERIOR BUILDING APPEARANCE. The appearance. of any structure, including roof, wall or fence shall be compatible with existing structures, roofing, walls or fences in the neighborhood. 7. APPROVAL OF BOARD REQUIRED. No structure, roof, wall or fence greater than two (2) feet above the lowest adjacent grade, shall be erected, placed or replaced unless approved by the Board. Plans for the erection, placement, or replacement of any structure, roof, wall or fence, showing the precise location on the lot of the structure, wall or fence, shall be submitted to the Board. No structure, roof, wall or fence shall be erected, placed or replaced except in exact conformance with the plans approved by the Board. If necessary to properly consider any application, the Board may require specific plans, working drawings, specifications, color charts and material samples. The provisions of this requirement shall not apply if the project consists only of work inside a building which does not substantially change the external appearance of the building. 8. ARCHITECTURAL REVIEW BOARD. The Board shall be empowered to transact business and exercise powers herein conferred, only if the following requirements exist: a. A formally organized property owner's organization exists in said area. 3 5287 b. The organik,ation has by -laws adopted that authorize the establishment of the Board. c. Said by -laws provide for appointment of property owners, only, to the Board. d. Owners have been appointed to the Board in accordance with the by -laws. e. A copy of the by -laws and any amendments thereto have been filed with the City Clerk and the Director of Planning. f. The Board shall designate a custodian of records who shall maintain said records and make them available for public review upon reasonable request. g. Permanent written records of the meetings, findings, action, and decision of the Board shall be maintained by the Board. Any decision by the Board shall be accompanied by specific findings setting forth the reasons for the Board's decision. Any decision by the Board shall be made by a majority of the entire membership of the Board, and such decision shall be rendered by the Board members who considered the application. A copy of the Board's findings and decision shall be mailed to the applicant within three (3) working days of the Board's decision. h. All meetings of the Board shall be open to the public in accordance with the Ralph M. Brown Act (California Open Meeting Law). 9. POWERS OF THE BOARD. The Board shall have the power, to: a. Determine and approve an appropriate front yard pursuant to Condition 2 of Section 3. b. Determine whether materials and appearance are compatible in accordance with the above Conditions 5 6 of Section 3. 4 5287 c. If a gradi.,g plan is required for a building permit for a structure, the Board may require such plan to be submitted along with the building plans. d. Any of the conditions set forth in Conditions 1 through 4 of Section 3, may be made less restrictive by the Board if the Board determines that such action will foster the development of a lot and will not adversely affect the use and enjoyment of the adjacent lots and the general neighborhood and would not be inconsistent with the provisions and intent of this resolution. e. The Board shall have the power to establish rules for the purpose of exercising its duties, subject to review and approval of the City. Copies of such rules shall be kept on file with the Secretary of the Association and the City Clerk. 10. SHORT REVIEW PROCESS PROCEDURE. a. The Short Review Process may be used by the Board for the review of applications for modifications to the requirements set forth in Conditions 1 through 4 of Section 3, provided that the application for a Short Review Process shall be accompanied by a completed application form which shall contain the signatures of all contiguous property owners indicating their awareness and approval of the application. b. The Board is not required to hold a noticed, scheduled meeting for the consideration of a Short Review Process Application. c. The Board Chairman or another Board member designated by the Board Chairman, to act in his absence, shall render his decision on a Short Review Process application within ten (10) working days from the date such request is filed with the Board; failure to take action in 5 5287 said time shall, at ...e end of the ten (10) working day period, be deemed an approval of the plans. d. The Board may determine which requirements set forth in Contitions 1 through 4 of Section 3 are not appropriate for the Short Review Process, and therefore require the Regular Review Process for the consideration of such Conditions. Any list of such Conditions which are not appropriate for the Short Review Process shall be filed in writing with the City Clerk and the Director of Planning. 11. REGULAR REVIEW PROCESS PROCEDURES. a. The Regular Review Process shall be used by the Board for the review of the Conditions 1 through 4 of Section 3, (elligible for Short Review) in those cases in which the applicant fails to obtain the signatures of approval from all of the required property owners. b. The Regular Review Process must be used for the review of applications to those Conditions 1 through 4 of Section 3, which the Board has determined are not appropriate for the Short Review Process pursuant to the above. c. The Board is required to hold a noticed, scheduled meeting for the consideration of a Regular Review Process Application. d. Notice of the Board's meeting shall be mailed, postage prepaid to the applicant and to all property owners within one hundred feet (100') of the subject property, not less than ten (10) calendar days before the date of such meeting. The applicant shall also provide the Board with the last known name and address, of such owners as show upon the assessment rolls of the City or of the County. 6 5287 The applicant 5,ia11 also provide the Board with letter size envelopes, which are addressed to the property owners who are to receive said notice. The applicant shall provide the proper postage on each of said envelopes. e. Any decision by the Board shall be made by a majority of the entire membership of the Board, and such decision shall be rendered by the Board members who considered the application. f. The Board shall render it's decision on a Regular Review Process application within thirty (30) working days from the date such request is filed with the Board; failure to take action in said time shall, at the end of the thirty (30) working day period, be deemed an approval of the plans. 12. EXPIRATION OF BOARD'S APPROVAL. If for a period of one (1) year from date of approval, any project for which plans have been approved by the Board, has been unused, abandoned or discontinued, said approval shall become null and void and of no effect. 13. LIMIT ON BOARD'S POWER. The Board shall not have the power to waive any regulations in the Code pertaining to the basic zone of the property in said area. The Board may, however, make a recommendation to the City agency, which will be considering any such waiver request, regarding waiving such regulations. 14. APPEAL. Appeals from the Board shall be made to the Planning Commission. Said appeal shall be made in writing and delivered to the Planning Department within seven (7) working days of the Board's decision and shall be accompanied by an appeal fee in accordance with the applicable fee schedule adopted by resolution of the City Council. 5287 Upon receipt in proper form of an appeal from tr,e Board's decision, such appeal shall be processed by the Planning Department in accordance with the same procedures applicable to appeals from the Modification Committee. 15. STANDARDS FOR BOARD DECISIONS AND APPEALS. The Board and any body hearing an appeal from the Board's decision shall be guided by the following principles: a. Control of architectural appearance and use of materials shall not be so exercised that individual initiative is stifled in creating the appearance of external features of any particular structure, building, fence, wall or roof, except to the extent necessary to establish contemporary accepted standards of harmony and compatibility acceptable to the Board or the body hearing an appeal in order to avoid that which is excessive, garish, and substantially unrelated to the neighborhood. pertains to Conditions Nos. 5 6 of Section 3 of this Resolution Exterior Building Materials Exterior Building Appearance). b. Good architectural character is based upon the principles of harmony and proportion in the elements of the structure as well as the relationship of such principles to adjacent structures and other structures in the neighborhood. (pertains to Conditions Nos. 5 6 of Section 3 of this Resolution Exterior Building Materials Exterior Building Appearance). c. A poorly designed external appearance of a structure, wall, fence, or roof, can be detrimental to the use and enjoyment and value of adjacent property and neighborhood. (pertains to Conditions Nos. 5 6 8 5287 of Section 3 of this esolution Exterior Building Ms,erials Exterior Building Appearance). d. A good relationship between adjacent front yards increases the value of properties and makes the use of both properties more enjoyable. (pertains to Condition No. 2 of Section 3 of this Resolution Front Yards). SECTION 4. The City Council finds and determines that the public health, safety and general welfare of the community require the adoption of this Resolution. It is determined that the various land use controls, and property regulations as set forth herein are substantially related to maintenance of Arcadia's environment, for the purpose of assuring that the appearance of structures will be compatible and harmonious with the use and enjoyment of surrounding properties. Design controls and aesthetic considerations will help maintain the beauty of the community, protect property values, and help assure protection from deterioration, blight, and unattractiveness all of which can have a negative impact on the environment of the community, effecting property values, and the quality of life which is characteristic of Arcadia. It is further determined that the purpose and function of this Resolution is consistent with the history of the City and continued efforts through various means to maintain the City's land use, environmental, and economic goals and to assure perpetuation of both the psychological benefits and economic interests concomitant to an attractive, well maintained community with emphasis on residential living. All findings and statements of purpose in related Resolutions which pre- existed this Resolution or prior covenants, conditions, and 9 5287 restrictions constitute part of the rationale for this Resolution and are incorporated by reference. SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this resolution is for any reason held to be invalid by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The Council hereby declares that it would have adopted this Resolution and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid. SECTION 6. That the City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 1st day of April, 1986. ATTEST: City Clerk of the City of Arcadia 10 Mayor of the City of Arcadia 5287 July 27, 2010 TO: FROM: SUBJECT: SUMMARY APPLICANT: LOCATION: REQUEST: LOT AREA: FRONTAGE: Arcadia Planning Commission Jim Kasama, Community Development Administrator By: Aaron Lobliner, Planning Intern GENERAL INFORMATION STAFF REPORT Development Services Department Tentative Parcel Map Application No. TPM 10 -03 (71335) for a two -unit residential condominium subdivision at 124 S. Second Avenue Tentative Parcel Map Application No. TPM 10 -03 (71335) was submitted by Mr. Donald Young for a two -unit residential condominium subdivision at 124 S. Second Avenue. The proposed subdivision is consistent with the City's General Plan and Subdivision Code. The Development Services Department is recommending approval of Tentative Parcel Map" Application No. TPM 10 -03 (71335) subject to the conditions set forth in this report. Mr. Donald Young 124 S. Second Avenue A Tentative Parcel Map for a two -unit residential condominium subdivision 9,539 square feet (0.22 acre) 70.40 feet along S. Second Avenue EXISTING LAND USE ZONING: The subject property is currently improved with a three bedroom residence in the front, and a one bedroom residence in the rear that were constructed in 1937. It is zoned R -3, Multiple Family Residential with a density of one unit per 2,000 square feet of lot area. SURROUNDING LAND USES ZONING DESIGNATIONS: North: Two -Unit Condominium zoned R -3 South: Single Family Residence zoned R -3 East: Eight -Unit Apartment Building zoned R -3 West: Three -Unit Condominium zoned R -3 GENERAL PLAN DESIGNATION: MFR -24 Multiple Family Residential at a maximum density of 24 dwelling units per acre PUBLIC HEARING NOTIFICATION Public hearing notices of Tentative Parcel Map Application No. TPM 10 -03 (71335) were mailed on Wednesday July 15, 2010 to the property owners, tenants and occupants of those properties that are within 300 feet of the subject property see the attached radius map. Because the proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in a local newspaper. BACKGROUND INFORMATION On May 10, 2010 the Development Services Department approved Architectural Design Review No. ADR 10 -06 for a two -unit residential project as shown on the attached plans. The proposed design complies with the R -3 zoning standards and the Architectural Design Guidelines for Multiple Family Residential Developments. PROPOSAL AND ANALYSIS The applicant is requesting a Tentative Parcel Map for residential condominium purposes. This proposal is consistent with the City's General Plan, Zoning Ordinance and Subdivision Regulations. The subject property has 9,539 square feet of land area. The density factor in the R -3 zones is 2,000 square feet per unit, which would allow for a maximum of four (4) units on the subject property. The applicant is proposing only two (2) units, and therefore is not exceeding the development standards for the property. The site is adequately served by all necessary utilities, which include: Southern California Edison, City of Arcadia Water, Southern California Gas Company and AT &T. All utilities are readily accessible from the site. All City development requirements shall be complied with to the satisfaction of the Building Official, City Engineer, Fire Marshal, Public Works Services Director, Community Development Administrator, and any service districts and utility providers that will serve the project. The applicant has been notified of the City's general and specific development conditions and requirements. Two special requirements are listed as conditions no. 1 and no. 2 of this staff report. CEQA Pursuant to the provisions of the California Environmental Quality Act (CEQA) the Development Services Department has determined that the proposed two (2) unit residential condominium subdivision qualifies as a Class 15 exemption as a minor land division in an urbanized area under Section 15315 of the CEQA Guidelines. A Preliminary Exemption Assessment is attached. RECOMMENDATION The Development Services Department recommends approval of Tentative Parcel Map Application No. TPM 10 -03 (71335) subject to the following special conditions: TPM 10 -03 (71335) 124 S. Second Ave. July 27, 2010 Page 2 1. The developer shall pay the following fees prior to recordation of the Parcel Map: A Map fee of $100.00 and a Final Approval fee of $25.00 for a total of $125.00. 2. Prior to approval of the Parcel Map, the developer shall post a $200.00 deposit for a Mylar copy of the recorded map. 3. Twelve (12) feet of the subject property adjacent to the east side of Second Avenue as shown on Tentative Parcel Map No. 71335 shall be dedicated to the City of Arcadia for street purposes. 4. Prior to demolition and clearance of the subject property and /or approval of the Parcel Map and /or the issuance of a building permit, the developer shall submit a Grading Plan and a separate Demolition and Erosion Control Plan; all plans shall be prepared by a registered civil engineer and shall be subject to the approval of the City Engineer. All existing structures shall be demolished prior to approval of the Parcel Map. 5. Prior to approval of the Parcel Map the developer shall either construct or post security for all public improvements as shown on Tentative Parcel Map No. 71335, including the installation of new street trees in the City parkway along Second Avenue per the City of Arcadia Street Tree Master Plan. The new street trees shall be shown on the Grading Plan for the project. 6. Per the Los Angeles County Department of Public Works' Low Impact Development (LID) Standards, the developer shall provide and incorporate LID methods on the Grading Plan to maintain the site's pre development runoff rates and volumes. Refer to the Los Angeles County Low Impact Development Standards Manual dated January 2009 for the requirements. 7. All City code requirements and National Pollutant Discharge Elimination System (NPDES) requirements shall be complied with to the satisfaction of the Building Official, City Engineer, Development Services Director, Fire Marshall, and Public Works Services Director. 8. Condominium Covenants, Conditions and Restrictions (CC &Rs) containing provisions for property maintenance, shall be submitted for review and approval by the City Attorney, and shall be recorded concurrently with the parcel map. 9. 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, 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 shall promptly notify the applicant of any claim, action, 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 represent the City, its officers, employees, and agents in the defense of the matter. 10. Approval of Tentative Parcel Map Application No. TPM 10 -03 (71335) shall not take effect until the property owner, applicant, and civil engineer have executed and filed an TPM 10 -03 (71335) 124 S. Second Ave. July 27, 2010 Page 3 Acceptance Form available from the Community Development Division to acknowledge awareness and acceptance of the conditions of approval PLANNING COMMISSION ACTION App roval If the Planning Commission is to take action to approve this tentative parcel map, the Commission should move to approve Tentative Parcel Map No. TPM 10 -03 (71335) subject to the following findings and direction: A.1. That the project and the provisions for its design and improvements are consistent with the Arcadia General Plan, and that the discharge of sewage from the project into the public sewer system will not violate any requirements prescribed by the California Regional Water Quality Control Board for this region. A.2. That this project will not have a significant effect on the environment, and that this project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15315 of the CEQA Guidelines. A.3. Direct and authorize the Development Services Director, or designee to approve and execute, if necessary, a subdivision agreement for this project. A.4. That this project is subject to the conditions of approval set forth in the staff report, or as modified by the Planning Commission. Denial If the Planning Commission is to take action to deny this tentative parcel map, the Commission should make specific findings with reasons based on the evidence presented and move to deny the project. The Planning Commission may wish to consider the following findings, which must be expanded upon with specific reasons for denial: D.1. That the proposed map is not consistent with the applicable general and specific plans as specified in Section 65451 of the Subdivision Map Act. D.2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. D.3. That the site is not physically suitable for the type of development. D.4. That the site is not physically suitable for the density of development. D.S. That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage. D.6. That the design of the subdivision or the types of improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. D.7. That the design of the subdivision or the type of improvements is likely to cause serious public health problems. TPM 10 -03 (71335) 124 S. Second Ave. July 27, 2010 Page 4 D.8. That the requested subdivision injuriously affects the neighborhood wherein said lot is located. D.9. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the legislative body may approve a map if it finds that alternate easements for access or for use, will be provided and that these will be substantially equivalent to ones previously acquired by the public. This subdivision shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. If any Planning Commissioner, or other interested party has any questions or comments regarding this proposed subdivision prior to the July 27th public hearing, please contact Aaron Lobliner, Planning Intern, in Planning Services by calling (626) 821 -4334 or (626) 574 -5423 or by email at 'alobliner@ci.arcadia.ca.us.' Approved by: Ji -m munity Development Administrator Attachments: Aerial Photo and Vicinity Map with Zoning Information 300 -foot Radius Map Tentative Parcel Map No. 71335 Architectural Plans Photos of the Subject Property Surrounding Properties Preliminary Exemption Assessment TPM 10 -03 (71335) 124 S. Second Ave. July 27, 2010 Page 5 J V441 Development Services Department Engineering Division Prepared by: R.S.Gonzalez, June 2010 100 0 100 Feet (152) (158) (162) 1 [R-3 (1b6) (155) (127) (131) R-3 (165) Development Services Department Engineering Division Prepared by: RS.Gonzalez, June 2010 BONITA ST (154) (158) (162) (205) (207) (155) (159) (221) (165) (167) LU BONITA ST (121) (123) (200) (212) (206) (210) (212) (218) (232) (223) (219) R-3 1 (119) (125) (201) (207) (211) (215) (227) (225) (217) (219) (237) 124 S Second Avenue TPM 10-03 (71335) L aw o 4 4 moo, O65 5 .1 p ,�9� 145 ID 0 1 13 14 15 ._no t to 16 i0e4' gp SO 7S .1, 7� 207.57 NO 53966 170.14 SHEET 3 C -TRACT 203 NO 53700 SHEET 12 m 80 1.4W Ai. SHE 15 M B 1301 4 75 S 200.15 AN 26 25 50 100.04 ITA o in co ti 25 a g g 2 9 LT cog MAP LEGEND Indicates Map key Number Indicates Assessor's Parcel Number Dats Management See.. for Government and Baalneaa mos (l40) Y724.7 5 T' 4 50 11 8 07 •••420,1 i TR �*P 22 F- 64 4 21 7 O a N _N E �N 54 72 138 s 58 SHEET 4 n mm o g Cr) 123 TOO 6 CALIFORNIA M R ?0 1 73 i0o o1 SH EET 3 w I q B99 -SIO ej 1 h aM4As. l 4267A4 m i n 0 t+9 60 1 R.15 J U VJ 0 Z SANTA ANITA, 34 10°2 C -PM 1 025 SHEET Public Notification Boundary For 124 S. Second Ave. Arcadia CA 91006 APN 5773 016 -038 April 26, 2010 JN 10068 1 SFr O Z o1o1 -w (n•) c1r1 0001 -111 mi 11KW 10 V2VI 'ao11 110011'1 IA ll'D t 1 V� 'elpe3Jy 'enueny puooeS 'S OZ I AI l"' NOlIVOOl l33f OLId b 1 5 UJ Z JW 2 1 8 O aZ Q tL O LL R 8g a� pw 0 v U 0 O Zo Q M U) Nnaa a Z Z W B �O W 0z Z a O Z 6 EO J o z (1) c) W 6 w u. U t.) t- z w 8 b I a_ Q N _i WO W a QOOa V 2�c° §a Q 0 W F E W t1. 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Ift t 1 11 4 `E, I 0 h 1Vu 10 it E I 1 Hsu t 111616 (929) :XVj 1*96 (9L9) MIL soils v3 `ONaitngtoS 901# ELMS 2A18Q NJO1DNIdtil B 5L6L SXLVDOSSV NI21OUM(I NCI swermWmuseriummmuworomme J SD1V&1 V 021T0,27S 6L99 9E (9Z9) 7xva ran sSL (9z9) au Wyk Yp''Id1iIBYD NYS 2AMICISZILS2Atert df1O1!9 AiDISad XX I AUd. 8 90016 VD `WUVJliv "XAV (MOMS '5 9ZI ■fIINIIL1WOQNOD 1.I1411 I =lc a a o®oaaaoa©E $�p, ttt i 1 ;I II x 4 ii E� f 9 F E t h ij lk �E� ��l E E .E 6 5 k i k li 1� l °1 O F A 411 1 010bilifitillA Photo 1: Existing Single (Viewing Southeasterly on 2 Avenue) Photo 2: Existing Multiple Residences. (Viewing Westerly on 2 Avenue) Photo 3: New Multiple Family Residences. (Viewing Northerly on 2 nd Avenue) Photo 4: Existing Multiple Family Residences. (Viewing Northwesterly on 2 nd Avenue) 1. Name or description of project: TPM 10 -03 A Tentative Parcel Map for a two -unit condominium subdivision within the R -3 zone. 2. Project Location Identify street address and cross streets or attach a map showing project site ,(preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 124 S. Second Ave. Arcadia, CA 91006 3. Entity or person undertaking project: A. Public Entity: B. Other (Private): (1) Contact Name Donald Young (2) Contact Address 124 S. Second Ave. Arcadia, CA 91006 4. Staff Determination: The City, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)," has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: 15315 f. The project is statutorily exempt. Applicable Exemption: g. The project is otherwise exempt on the following basis: h. The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) Date: May 17, 2010 Preliminary Exemption Assessment \City\2010 Staff: Aaron Lobliner FORM "A" July 27, 2010 r. TO: Arcadia Planning Commission SUMMARY GENERAL INFORMATION APPLICANT: LOCATION: REQUEST: SITE AREA: Dexter Huntington, LLC EXISTING LAND USE ZONING: Development Services Department SUBJECT: Tentative Tract Map No. 71365 for a proposed five condominium subdivision at 728W. Huntington Drive FROM Jim Kasama, Community Development Administrator By: Aaron Lobliner, Planning Intern Tentative Tract Map No. 71365 was submitted by Dexter Huntington, LLC for a five (5) unit, residential condominium subdivision at 728 W. Huntington Drive. The proposed subdivision is consistent with the City's General Plan and Subdivision Regulations. The Development Services Department is recommending a conditional approval of Tentative Tract Map No 71365. 728 W. Huntington Drive A Tentative Tract Map for a five (5) unit, residential condominium subdivision. 19,166 square feet (0.45 acre) FRONTAGES: 80 feet along West Huntington Driveancl 120 fePt along a 20-foot wide alley at the rear of the property 1 (5) unit, residential The property is improved with a single-family residence constructed in 1927. A dental office was added in 1940. A swimming pool was installed in 1955. The property is zoned R-3. SURROUNDING LAND USES ZONING: North: Bank and Dental Offices zoned C-0 :D South: Multiple-Family Dwellings zoned R-3 East: Bank zoned C-2 West: Multiple-Family Dwellings zoned R-3 GENERAL PLAN DESIGNATION: MFR -24 Multiple Family Residential at a maximum density of 24 dwelling units per acre. PUBLIC HEARING NOTIFICATION Public hearing notices for Tentative Tract Map No. 71365 were mailed on July 15, 2010 to the property owners and tenants of those properties that are within 300 feet of the subject property see the attached radius map. Because the proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in a local newspaper. BACKGROUND On May 25, 2010 the Planning Commission approved Modification Application No. MP 10 -01 and Architectural Design Review No. ADR 10 -08 for the proposed five (5) unit residential development. The Commission approved the following Modifications: A 25' -0" front yard setback in lieu of the 35' -0" special setback required; A 5' -0" building separation in lieu of 14' -0" required; and A 12' -0" westerly side yard setback in lieu of 15' -0" required for an air conditioning unit. PROPOSAL AND ANALYSIS The proposed Tentative Tract Map is for residential condominium subdivision purposes. The proposed project is consistent with the City's General Plan and complies with the City's Subdivision Code. The subject property has 19,144 square feet of land area. The density factor for R -3 zoning is 2,000 square feet per unit, which would allow for nine (9) units on the subject property. The applicant is proposing only five (5) units, and is therefore not exceeding the density factor for the property. The site is adequately served by all necessary utilities, which include Southern California Edison. City of Arcadia Water, AT &T and Southern California Gas Company. CEQA Pursuant to the provisions of the California Environmental Quality Act (CEQA) the Development Services Department has determined that the proposed five (5) unit residential condominium subdivision qualifies as a Class 15 exemption as a minor land division in an urbanized area under Section 15315 of the CEQA Guidelines. A Preliminary Exemption Assessment is attached. RECOMMENDATION The Development Services Department recommends approval of Tentative Tract Map No. 71365, subject to the following special conditions: 1. The developer shall pay the following fees prior to recordation of the Tract Map: A Map fee of $100.00 and a Final Approval fee of $125.00 for a total of $225.00. TM 71365 728 W. Huntington Dr. July 27, 2010 Page 2 2. Prior to approval of the Tract Map, the developer shall post a $200.00 deposit for a Mylar copy of the recorded map. 3. Prior to demolition and clearance of the subject property and /or approval of the Tract Map and /or the issuance of a building permit, the developer shall submit a Grading Plan and a separate Demolition and Erosion Control Plan; all plans shall be prepared by a registered civil engineer and shall be subject to the approval of the City Engineer. All existing structures shall be demolished prior to approval of the Tract Map. 4. Prior to approval of the Tract Map the developer shall either construct or post security for all public improvements as shown on Tentative Tract Map No. 71365, including the following items: A) Installation of new street trees in the City parkway along Huntington Drive per the City of Arcadia Street Tree Master Plan. The new street trees shall be shown on the Grading Plan for the project. B) The developer shall adhere to the City's standard trench detail for all street cuts and slurry seal repair in Huntington Drive and shall provide the required slurry seal repair or pay a slurry seal fee to the City of Arcadia for all street cuts in Huntington Drive. At present, a moratorium has been placed on street cuts in Huntington Drive. 5. All runoff from this project shall be discharged to the existing alley to the south of the subject property and into the City of Arcadia's storm drain system. 6. Per the Los Angeles County Department of Public Works' Low Impact Development (LID) Standards, the developer shall provide and incorporate LID methods on the Grading Plan to maintain the site's pre development runoff rates and volumes. Refer to the Los Angeles County Low Impact Development Standards Manual dated January 2009 for the requirements. 7. All City code requirements shall be complied with to the satisfaction of the Building Official, City Engineer, Development Services Director, Fire Marshall, and Public Works Services Director. 8. 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, 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 shall promptly notify the applicant of any claim, action, 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 represent the City, its officers, employees, and agents in the defense of the matter. 9. Approval of Tentative Tract Map No. 71365 shall not take effect until the property owner, applicant, and civil engineer have executed and filed an Acceptance Form available from the Community Development Division to acknowledge awareness and acceptance of the conditions of approval. TM 71365 728 W. Huntington Dr. July 27, 2010 Page 3 PLANNING COMMISSION ACTION Approval If the Planning Commission is to take action to approve this subdivision, the Commission should move to approve Tentative Tract Map No. 71365 based on the following findings and directions: A.1. That the project and the provisions for its design and improvements are consistent with the Arcadia General Plan as required by Section 66473.5 of the Subdivision Map Act, and that the discharge of sewage from the project into the public sewer system will not violate any requirements prescribed by the California Regional Water Quality Control Board for this region as required by Section 66474.6 of the Subdivision Map Act. A.2. That the determination of exemption from the California Environmental Quality Act as set forth in this staff report is appropriate. A.3. Authorize and direct the Development Services Director (or designee) to approve and execute, if necessary, a subdivision agreement for this project. A.4. Approve this project subject to the conditions of approval set forth in the staff report, or as modified by the Planning Commission. Denial If the Planning Commission is to take action to deny this subdivision, the Commission should make specific findings based on the evidence presented and move to deny Tentative Tract Map No. 71365. The Planning Commission may wish to consider the following findings, any one of which is adequate to deny the proposed subdivision, but which must be expanded upon with specific reasons to support the denial: D.1. That the proposed map is not consistent with the applicable general and specific plans as required by Section 66473.5 of the Subdivision Map Act. D.2. That the design or improvernent of the proposed subdivision is not consistent with applicable general and specific plans as required by Section 66473.5 of the Subdivision Map Act. D.3. That the site is not physically suitable for the type of development. D.4. That the site is not physically suitable for the density of development. D.S. That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage. D.6. That the design of the subdivision or the types of improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. D.7. That the design of the subdivision or the type of improvements is likely to cause serious public health problems. TM 71365 728 W. Huntington Dr. July 27, 2010 Page 4 D.8. That the proposed subdivision injuriously affects the neighborhood wherein said property is located. D.9. That the design of the subdivision or the type of improvements willl, conflict with easements acquired by the public at large, for access through or use of property within the proposed subdivision. In connection with this, the legislative body may approve a map if it finds that alternate easements for access or for use, will be provided and that these will be substantially equivalent to ones previously acquired by the public. This provision shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. If any Planning Commissioner, or other interested party has any questions comments regarding this subdivision, prior to the July 27th public hearing, please contact Aaron Lobliner, Planning Intern by calling (626) 821 -4334 or (626) 574 -5423, or by email at `alobliner @ci.arcadia.ca.us.' Approved by: Ale Jimma C munity Development Administrator Attachments: Aerial Photo Vicinity Map with Zoning Information 300 -foot Radius 'Map Tentative Tract Map No. 71365 Architectural Plans Photos': of Subject Property Surrounding Properties Preliminary Exemption Assessment TM 71365 728 W. Huntington Dr. July 27, 2010 Page 5 728 Huntington Dr Arcadia R•3 Zone Development Services Department Engineering Division Prepared by R.S.Gonzalez, July2010 100 DR 0 Development Services Department Engineering Division Prepared by: R.S Gonzalez, July 2010 100 Feet 721 HUNTINGTON DR 728 WHuntington Drive TM 71365 ere SUE MORENO =Oaf (626).350-5944 OWNERSHIP OCCUPANTS UST RADIUS MAPS LAND USE PLANS MUNICIPAL COMPLIANCE CONSULTING 12106 LAMBERT AVE.EL MONTE, CA 91732 -FAX(626)350-1 PROJECT INFORMATL.N 728 W. HUNTINGTON DR. ARCADIA, CA. 09-248 SCALE 1" 200' 35 ttO 731 17 Pon 1 DIM I rerfoli 6 It 4 '"g ):11 fg ri 0.45 At I OP. a JTHVIEW 'IEW R z 5.65• SOW CV ,r-mt 0 -Frw-" r.... I I ,64. 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IAMINIIA100N00 iiNn-s z 0 I— LLI 1.1.1 LU E 9 o \J! 0629.5606 0) OCZRE76.06 C SR v 7 7 :m« A !ON LL w a Project Site: 728V. Huntington Dr, Arcadia, CA 91007 1) .7 t 7eT Per 7 0 Photo 3: Ex. Commercial Building. (Viewing NE'ly on Huntington Dr.) Photo 4: Ex. Commercial Building. (Viewing N'ly on Huntington Dr.) Photo 5: Ex. Commercial and Residential Buildings. (Viewing NW'ly on Huntington Dr.) Date: June 23, 2010 Preliminary Exemption Assessment \City \2010 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) Staff: Aaron Lobliner FORM "A" Name or description of project: TM 71365 A Tentative Tract .Map for a five -unit condominium subdivision within the R -3 zone. 2. Project Location Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 728 W. Huntington Dr. Arcadia, CA 91006 3. Entity or person undertaking project: A. Public Entity: B. Other (Private): (1) Contact Name Dexter Huntington LLC (2) Contact Address 1 11819 Goldring Road, Suite C Arcadia, CA 91007 4. Staff Determination: The City, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)," has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. The project constitutes a feasibility or planning study. d. I e. The project is categorically exempt. Applicable Exemption Class: 15332 The project is statutorily exempt. f. IN T Applicable Exemption: g. The project is otherwise exempt on the following basis: h. The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: June 23, 2010 Preliminary Exemption Assessment \City \2010 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) Staff: Aaron Lobliner FORM "A" The Planning Commission of the City of Arcadia met in regular session on Tuesday, July 13, 2010 at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive with Chairman Parrille presiding. PLEDGE OF ALLEGIANCE Chairman Parrille led the Pledge of Allegiance, and then introduced the new Planning Commissioner, Commissioner Ching Chiao. ROLL CALL: PRESENT: Commissioners Baderian, Baerg, Beranek, Chiao and Parrille ABSENT: None OTHERS ATTENDING None MINUTES ARCADIA PLANNING COMMISSION Tuesday, July 13, 2010, 7:00 P.M. Arcadia City Council Chambers Community Development Administrator, Jim Kasama Senior Planner, Lisa Flores Senior Administrative Assistant, Billie Tone PLANNING COMMISSION REORGANIZATION Chairman Parri lle called for nominations for the office of Chairman Commissioner Baderian nominated Chairman Parri lle. Chairman Parrille asked if there were any further nominations and /or objections. There being no further nominees and no objections, Chairman Parrille was declared elected. Chairman Parrille called for nominations for the office of Vice- Chairman Commissioner Baderian nominated Commissioner Baerg. Chairman Parrille asked if there were any further nominations and /or objections. There being no further nominees and no objections, Commissioner Baerg was declared elected. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON PUBLIC HEARING MATTERS Five minute time limit per person None PUBLIC HEARINGS 1. MODIFICATION APPLICATION NO. MP 10 -02 315 Oxford Drive Spencer and Vivian Liang The applicant is requesting the following Zoning Modifications for additions and a rebuild of a single family residence: 1. A 40' -3" front yard setback in lieu of 42' -3" required; 2. An 8' -2" southeasterly side yard setback in lieu of 10' -0" required; 3. An 8' -0" northwesterly side yard setback in lieu of 10' -0" required; and, 4. 36 -inch roof eave projections in lieu of the maximum permitted projection of thirty (30) inches into the required side yard setbacks. Senior Planner, Lisa Flores, presented the staff report. The Public Hearing was opened. Chairman Parrille asked if anyone would like to speak in favor of this project. Mr. Spencer Liang, the property owner, said he hopes to be able to continue the remodel project and offered to answer questions for the Commissioners. Commissioner Baderian asked Mr. Liang if he'd read the staff report and would agree to comply with the conditions of approval. Mr. Liang answered affirmatively. Chairman Parrille asked if anyone wanted to speak in opposition to this project. There were none. MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Baderian, to close the Public Hearing. Without objection the motion was approved. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Beranek to approve Modification Application No. MP 10 -02, subject to the conditions in the staff report. PC MINUTES 7 -13-10 Page 2 ROLL CALL AYES: Commissioners Baderian, Baerg, Beranek, Chiao and Parrille NOES: None There is a five working day appeal period after the approval/denial of the application. Appeals are to be Fled by 5:30 p.m. on Wednesday, July 21, 2010. CONSENT ITEMS Commissioner Beranek asked for a correction on Page 6 of the minutes to read, "Since Commissioner Beranek's business is within 300 feet of the site in Item 3 [instead of Item 1], he excused himself from the proceedings on that item." Without objection the correction was approved. 2. RESOLUTION NO. 1820 A Resolution of the Planning Commission of the City of Arcadia, California, approving Conditional Use Permit No. CUP 10 -07 to operate a 2,000 square -foot art studio with a maximum of ten (10) students at 17 E. Huntington Drive. 3. RESOLUTION NO. 1821 A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving Conditional Use Permit No. CUP 10 -08 to amend CUP 09 -20 (Resolution 1812) to expand the operating schedule for a tutoring center at 222 -224 S. First Avenue. 4. MINUTES OF JUNE 22, 2010 MOTION: It was moved by Commissioner Baerg to approve the minutes of the June 22 meeting as corrected and to adopt Resolutions 1820 and 1821. ROLL CALL: AYES: Commissioners Baderian, Baerg, Beranek, Chiao, and Parrille NOES: None MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION None MODIFICATION COMMITTEE MEETING ACTIONS Chairman Parrille reported that the Modification Committee meeting was cancelled. PC MINUTES 7 -13-10 Page 3 MATTERS FROM STAFF Mr. Kasama reported that the next Planning Commission meeting will include two condominium subdivisions and an appeal of a Homeowners' Association denial of a metal roof. ADJOURNED 7:09 p.m. ATTEST: Secretary, Planning Commission Chairman, Planning Commission PC MINUTES 7 -13-10 Page 4