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  Agenda Item   14.    
Planning Commission
Meeting Date: 02/25/2020  

Subject:
CONTINUED FROM JANUARY 28, 2020 PLANNING COMMISSION MEETING: APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR’S DECISION OF CERTIFICATE OF COMPATIBILITY NO. CC 19-02 FOR PROPERTY LOCATED AT 407 S. MAPLE AVE.
REQUEST
Staff recommends the Planning Commission adopt the resolution, denying the appeal and upholding the Community Development Director’s approval of Certificate of Compatibility No. CC 19-02.
RECOMMENDATION
Staff recommends the Planning Commission adopt the resolution, denying the appeal and upholding the Community Development Director’s approval of Certificate of Compatibility No. CC 19-02.
BACKGROUND/DISCUSSION
SUMMARY
On November 18, 2019 The Community Development Director approved Certificate of Compatibility No. CC 19-02.  The application considered the compatibility of land planning, architecture, aesthetics and economic cohesiveness for the construction of a single family residence with a detached structure inclusive of an accessory dwelling unit (ADU) greater than 1,200 square feet.  On November 27, 2019, Staff received an application appealing the Community Development Director’s decision to the Planning Commission.


CERTIFICATE OF COMPATIBILITY HEARING 11/18/19
On November 18, 2019 the Community Development Director held a duly noticed public hearing on this application. Staff’s assessment of this application was that the project met all the requirements of the R-1 Single Family Residential Zone and that the proposed project was consistent with the findings required for a Certificate of Compatibility.  Three members of the public spoke at the hearing, all in opposition of the project.  The following items were raised in the hearing:
  • The size of the home, mansionization, and the compatibility of the size to the surrounding neighborhood. – Staff responded explaining the lot is one of the largest lots in the neighborhood and the proposed project meets all of the development standards.  There is no dominant architectural theme of the neighborhood and homes range in architectural styles, sizes, heights, and material finishes.
  • CEQA findings and a lack of analysis on potential environmental and traffic impacts – Staff cited California Environmental Quality Act section 15303.a (Class 3, New Construction) which qualifies as a categorical exemption for this project.
  • The potential future uses and occupancy of the project – The Code requires the Property Owner live in either the primary or accessory dwelling unit.  The property owner has expressed the intention of living in the primary unit while their mother and mother in law live in the accessory dwelling unit.  Additionally, the property is subject to the permitted, conditionally permitted, and prohibited uses under the R-1 Single Family Residential Zone.
  • The Public Noticing process – Staff sent notices to 61 property owners within a 500’ radius of the project site 10 days before the scheduled public hearing, in accordance with the Section 20.408.050 of the Brea City Code.
  •  The project’s compliance with required setbacks and development standards – Staff has reviewed the project for compliance with the required development standards in the R-1 Single Family Zone including but not limited to setbacks, lot coverage, and parking.
  •  Clarifying if the property is historically designated.  – Staff clarified that the property is not a registered historical resource.

The Community Development Director and Staff addressed these concerns and provided any needed clarification (see Attachment 6, Meeting Minutes).  The Community Development Director approved the project based on the required findings and conditions contained in the Draft Resolution.  On November 27, Staff received an application from Setsuko Mori and Hiroshi Ogino, appealing the Community Development Director’s decision to the Planning Commission (Attachment 8 – Appeal Application).  Subsequently, Staff received a second appeal application from Russel Nowell on December 2, 2019 and a third appeal application after the appeal period ended by Rana and Jason Kim on December 10, 2019 (Attachment 9 – Submitted Correspondence).


BACKGROUND
The subject property is located at 407 Maple Avenue in the R-1 Single Family Residential zone (see Figure 1).  The property is approximately 0.5 acres and is currently developed with a single story home (2,168 square feet) and detached structure (1,313 square feet) including an accessory dwelling unit and garage.  The applicant, Brett Murdock, is proposing to demolish the existing buildings and rebuild a new, two story single family residence and a detached structure. The Code requires a Certificate of Compatibility for any new single family dwelling and any ADU greater than 1,200 square feet.   
    
DISCUSSION
The applicant is proposing a new 9,464 square foot primary dwelling unit and a 3,891 square foot accessory structure including a garage, home office, and recreation room on the first floor and a 1,938 square foot ADU on the second floor.  The project meets or exceeds all development standards for the R-1 Single Family Residential Zone as demonstrated in Table 1.

Table 1 – Development Standards

Development Standards Required Proposed
Front Yard Setback 25 feet 25 feet
Side Yard Setback      5 feet 17 feet, 21 feet
Rear Yard Setback (Primary Dwelling) 25 feet, main building may project to within ten (10) feet of the rear property line area. 74 feet
Rear Yard Setback (ADU) 10 feet 10 feet
Rear Yard Lot Coverage 25% maximum 24%
Lot Coverage 35% maximum 33.09%
Height 30 feet maximum 26 feet, 8 inches
Off-street parking        2 covered spaces (primary unit), 1 additional space, covered or uncovered (ADU) 4 covered parking spaces total


CERTIFICATE OF COMPATIBILITY
The Certificate of Compatibility considers the compatibility of residential structures to the existing community character, architecture, aesthetics and cohesiveness within residentially zoned properties in the City.  Lots in this neighborhood range from 9,900 square feet to 23,920 square feet.  The project site is one of the larger lots in the neighborhood at 20,548 square feet.

The existing neighborhood features a mix of homes in various sizes including single story and two story structures.  The surrounding neighborhood has no dominant architectural style and features homes in various sizes, heights, material finishes and styles including Mediterranean, Ranch, Spanish, and various Craftsman styles (see Figures 2-4).  The proposed project features smooth finish stucco and charcoal grey metal roofing and incorporates castor stone accents.  The architecture is a blend of California modern and Ranch style (See Figure 5). The ADU is consistent with the color and material finishes of the primary dwelling, incorporating the same metal roofing, smooth stucco, and castor stone.  
The front yard is proposed to be improved with a new driveway approach and decorative paving along the walkway and driveway.  The existing trees along the perimeter of the property are proposed to remain. (See Attachment 5 – Plan Submittal Package).  The existing masonry block wall along the front yard will remain and be incorporated into the project design (See Figure 6 – Existing Conditions).  The Maple Avenue elevation incorporates layered building setbacks and single-story elements, allowing for improved integration with the neighborhood. The project meets all applicable development standards and the design of the home is appropriate and consistent with the aesthetic of the neighborhood and is cohesive with the surrounding homes. 

PUBLIC OUTREACH
Staff sent notices to 61 property owners within a 500-foot radius of the subject property.  Staff encouraged the applicant to conduct public outreach in the neighborhood to discuss the proposed project and address any concerns.  Staff understands the applicant engaged with several neighbors regarding the proposed project. Prior to the hearing on November 18, 2019, two letters sharing concerns about the project were received by Staff.  (Attachment 7).


 
ENVIRONMENTAL ASSESSMENT
In accordance with the California Environmental Quality Act, the proposed project is categorically exempt from the requirement of the California Environmental Quality Act (CEQA) pursuant to Section 15303.a (Class 3, New Construction) of said Act. 
RESPECTFULLY SUBMITTED
Jennifer A. Lilley, AICP, City Planner
Prepared by: Paige Montojo, Assistant Planner
  
Attachments
1. Technical Background
2. Vicinity Map
3. Public Hearing Notice
4. Draft Resolution
5. Plan Submittal Package
6. Certificate of Compatibility Hearing Minutes
7. Submitted Public Comment Prior to Certificate of Compatibility Hearing
8. Appeal Applications
9. Submitted Correspondence

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