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  Agenda Item   9.    
City Council Meeting
Meeting Date: 07/21/2020  
FROM: Bill Gallardo

Subject:
Single-Family Development Standards & Neighborhood Compatibility 
RECOMMENDATION
Staff recommends that the City Council provide direction regarding next steps to address the potential for mansionization and compatibility issues in single-family residential neighborhoods.
BACKGROUND/DISCUSSION
Mansionization is the practice of demolishing small, older homes in a neighborhood and replacing them with larger homes that occupy the maximum amount of lot space resulting in boxy, out-of-scale homes that dwarf the surrounding dwellings.  This report responds to a request for additional information regarding the potential for mansionization and compatibility issues in single-family residential neighborhoods.    
 
SINGLE-FAMILY DEVELOPMENT STANDARDS
 
Single-family construction is required to comply with several objective development standards.  These standards do not cover every aspect of single-family development.  For example, they are not so specific as to mandate a certain design aesthetic, limit the height of entryways, specify certain paint colors or paving stone types, or require articulation at certain intervals of the exterior façade.  Rather, these standards are viewed as typically having the greatest impact on the character of the home and its neighborhood, while still allowing for flexibility with regard to design.  
  • Lot Coverage
  • Maximum Height
  • Front Setbacks
  • Side Setbacks
  • Rear Setbacks
  • Off-Street Parking 
Additionally, there are areas of the community where single-family residential development is subject to more specific and/or stringent requirements because of their unique zoning designation as, for example, a “hillside” or “equestrian” area.    
 
CERTIFICATE OF COMPATIBILITY
 
In addition to complying with the development standards described above, Brea Municipal Code (BMC) Section 20.408.050 additionally requires issuance of a Certificate of Compatibility prior to submittal of an application for a building permit for the construction of a new single-family home.  This review process, which is a Director-level decision, considers the compatibility and/or cohesiveness of proposed residential structure(s) in relation to the community character, architecture, and aesthetics of the existing neighborhood.  The review does not require compliance with objective or subjective design guidelines in lieu of relying on the underlying zoning development standards. 
 
In issuing a Certificate of Compatibility, the Community Development Director has the authority to require conditions of development that are necessary to further the objectives of the General Plan and/or where conditions of approval are deemed essential to protect the public safety and general welfare of the community. 
 
RECENT CERTIFICATE OF COMPATIBILITY APPROVAL
 
In November 2019, the Community Development Director approved Certificate of Compatibility No. 19-02, allowing for:
 
  • Demolition of an existing 2,168 square foot (SF) single-story residence and 1,313 SF garage/accessory dwelling unit
  • Construction of a 9,464 SF two-story residence and 3,891 SF two-car garage/recreation room/accessory dwelling unit
  • Approximately 20,500 SF lot.
  • 407 South Maple Avenue.  
In January 2020, this decision was appealed to the Planning Commission, who upheld the Director approval.  On May 5, 2020, the City Council considered an appeal of the Planning Commission’s decision.  At the public hearing, the City Council ultimately denied the appeal and approved the project.  However, some Council Members expressed concern about the large size of the home, accessory structures, accessory dwelling unit and the potential for this to happen elsewhere in the city. 
 
The above-project is one of two more recent applications for construction of a new single-family residence in excess of 5,000 SF.  Furthermore, in this case the lot size associated with the project was over a half-acre in size, nearly three times the minimum lot size for R-1 neighborhoods.  Staff does not believe that these cases are normal, but rather the exception, especially in their low number. 
 
SINGLE-FAMILY ADDITIONS
 
What is more common in Brea are small and modest additions and/or renovations to single-family homes.  According to data supplied by the Building & Safety Division, in calendar year 2019, a half-dozen building permits were issued for single-family additions ranging from 9 SF to approximately 650 SF.  In calendar year 2020 to date, ten building permits were issued for single-family additions ranging from 49 SF to approximately 600 SF. 
 
ACCESSORY DWELLING UNITS
 
An issue often raised in tandem with mansionization are ADUs and the ability of local jurisdictions to regulate ADUs. 
 
In January 2020, several new bills took effect impacting local regulation of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs).  Consistent with the trend over the last several years, the aim of these bills was to remove barriers to the construction of ADUs and JADUs.  The legislation further limited the ability of local jurisdictions to impose restrictions on the types of development standards, use restrictions, and fees that cities may apply.  Additionally, applications for ADUs and JADUs are further streamlined and precluded from most discretionary review.  City staff is currently preparing an update to the Zoning Code so as to be consistent with the updated state ADU and JADU law.
 
According to data supplied by the Building & Safety Division, in calendar year 2019, only six ADUs were approved with an average size of approximately 820 SF.  In 2020 to date, only four ADUs have been approved with an average size of approximately 460 SF.  In contrast to neighboring jurisdictions elsewhere in Orange County and/or to the north in the San Gabriel Valley, these numbers (both the number of applications and the size of the ADU or JADU) are very small. 
 
SURVEY OF NEIGHBORING COMMUNITIES
 
Staff surveyed neighboring communities to determine if and/or how new single-family homes are evaluated.  In some communities, the need for review stemmed from concerns about mansionization and/or over-building of the single-family lot.  In other cases, the concern was more retailed to design aesthetic, quality of materials used, desire for view or privacy protection, etc.  The results are summarized below:
 
City of Yorba Linda 
  • Second story additions require a Conditional Use Permit considered by the Planning Commission (public hearing).
  • Design criteria incorporated into the Zoning Code for all two-story additions relating to privacy, design cohesiveness, architectural compatibility, etc.
  • No maximum Floor Area Ratio (FAR) standard.  
City of Fullerton 
  • All new construction of single-family homes and second-story additions are reviewed by the Community Development Director (no public hearing). 
  • Design criteria adopted that address both design and neighborhood compatibility issues.
  • Maximum FAR or other objective design standards. 
City of Tustin 
  • New single-family homes are reviewed by the Community Development Director (no public hearing).
  • No design guidelines.
  • No maximum FAR standard. 
City of San Gabriel 
  • All new single-family homes and second-story additions are reviewed by City Architect and Design Review Commission (public hearing).  Prior to adoption of this process, City had adopted two-year prohibition (termed Interim Development Control Ordinance) on single-family demolitions to allow City time to craft new standards and process.
  • Maximum FAR standard.  Development standards incorporated into the Zoning Code to address floor area on second-story, setbacks for second-stories, architectural standards, etc. 
City of Pasadena 
  • No design review for new single-family homes.
  • Majority of new single-family construction must follow underlying development standards as part of staff plan check approval. 
  • Some single-family areas have unique requirements for construction of second-stories.
  • Some single-family areas subject to hillside-specific standards and/or review.
  • Some single-family homes are subject to specific review requirements because of historic status.  
Some of the communities surveyed above do have an FAR standard that applies to development on a single-family lot.  The FAR concept is very similar to lot coverage, in that it is a ratio of the square footage of structures on a lot to the square footage of the lot itself.  The key difference is that for FAR, the total square footage of all floors is included in the calculation.  Non-enclosed areas such as patios, porte-cocheres, and stables are typically not included.  Similarly, enclosed structures not primarily used for human occupancy, such as garages, are not always included in FAR calculations. 
FISCAL IMPACT/SUMMARY
At this time, staff does not believe there is a growing movement in mansionization or an increased interest in overdeveloping single-family lots in Brea.  It has been over ten years since the City has last processed an application(s) for these more sizable homes (on more sizable lots).  There has been little interest in overbuilding existing lots or purchasing and consolidating several lots in order to construct a larger single-family residence.  To that end, the City Council may wish to consider the following options:
  1. Direct staff to take a “watch and wait” approach.  Staff would continue to track both the number of applications and nature of the request.  Should there be evidence, either quantitatively or qualitatively, that the potential for mansionization may exist, the item can be brought back to the City Council for additional consideration;  
  2. Direct staff to explore the creation of objective development and/or design standards that speak to FAR, second story massing, etc. This option may also explore the creation of design guidelines that speak to specific architectural styles found in the City.  This would likely result in a future need to retain consultant services and/or require considerable staff resources to develop and execute.   
  3. Direct staff to explore the creation of a new discretionary process, such as the creation of a Design Review Commission or the retention of a City Architect for staff-level design review.  This option would also likely result in the future need to retain consultant services and/or require considerable staff resources to develop and execute.   
Alternatively, staff can be directed to return at a later date with more specific information regarding items highlighted in this report. 
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Prepared by: Tracy Steinkruger, Community Development Director 

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