Planning & Community Development Department Appeal of the Board of Zoning Appeals Decision on Hillside Development Permit # Kaweah Drive City Council May 2, 2016

Planning & Community Development Department Appeal Scope of Appeal  Pursuant to Section of the City’s Zoning Code, a failure to act by the Board of Zoning Appeal’s shall be considered a decision and may be called for review to the Council. Effect of Appeal “vacates” the previous decision. The issue before the Council tonight:  Hillside Development Permit (Land Use Entitlement) 2

Planning & Community Development Department Appeal When reviewing an appeal, the City Council may:  Consider any issues associated with the decision being appealed, in addition to the specific grounds for the appeal;  Reverse, modify, or affirm, in whole or in part, the determination, decision, or action that is the subject of the appeal; and  Adopt additional conditions of approval that were not considered or imposed by the original applicable review authority, as deemed reasonable and necessary. 3

Planning & Community Development Department Appeal Before the City Council is an appeal of a decision made by the Board of Zoning Appeals.  Board of Zoning Appeals considered the appeal for the Hillside Development Permit on March 16,  No action was taken by the BZA at the end of the hearing.  A failure to act by the BZA is considered a decision and may be appealed.  Appeal period was from March 17, 2016 to March 28, 2016 (10 th day fell on weekend). Effective date of March 29,  An appeal was filed by Richard McDonald, Esq., on behalf of the applicant Mr. Patrick Nicholson, on Wednesday, March 23,

Planning & Community Development Department Subject Site and Surrounding Area Kaweah Drive (Neighbor) 1835 Kaweah Drive (applicant/appelant) LA LOMA RD KAWEAH DR

Planning & Community Development Department Requested Entitlement Hillside Development Permit:  To allow the construction of a new 1,139 square-foot, two-story single-family residence with an attached 367 square-foot two-car garage in the RS-6-HD-SR zoning district.  Approval of a Hillside Development Permit is required for the construction of a new single-family residence in the Hillside Overlay District.  Approval of a Minor Variance is also required to allow a reduced front yard setback of zero-feet, where the minimum required is 12 feet.  With the exception of the requested Minor Variance, the proposed project meets all applicable development standards required by the Zoning Code, including the allowable height, maximum floor area, minimum setbacks, as well as the Neighborhood Compatibility. 6

Planning & Community Development Department Hillside Development Permit Findings 1.The proposed use is allowed with a Hillside Development Permit within the applicable zoning district and complies with all applicable provisions of this Zoning Code. A single-family residential use is allowed in the RS-6-HDSR (Residential Single-Family, Hillside Overlay District) zoning district. With the exception of the requested variance, the proposed additions will be in compliance with all applicable development standards, including maximum allowable floor area, lot coverage, setbacks, building height, and off-street parking requirements of the zoning district. 2.The location of the proposed use complies with the special purposes of this Zoning Code and the purposes of the applicable zoning district. The subject property is zoned RS-6-HD-SR, which is designated primarily for single-family residential purposes. The use of the site will be a single-family residence. The properties in the neighborhood are currently developed with single-family residences, and the project will be consistent with existing development in the vicinity. As such, the proposed use complies with the special purposes of this Zoning Code and the purposes of the applicable zoning district. 3.The proposed use is in conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan. The subject site is designated as Low Density Residential in the General Plan Land Use Element. The use of the site will be a single-family residence; therefore, the character of the single-family neighborhood will be maintained. Objective 7.0 of the General Plan is to “preserve the character and scale of Pasadena’s established residential neighborhoods.” Policy 7.1 discourages “mansionization” and Policy 7.6 protects the special character of hillsides throughout the City limits. The proposed livable area of the project is 1,339 square feet and within the Neighborhood Compatibility threshold. As designed, the project will not block any protected views, and is in compliance with the ridgeline protection standard. Furthermore, as designed, the proposed project will be compatible with the surrounding neighborhood. 7

Planning & Community Development Department Hillside Development Permit Findings (cont.) 4.The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. The use of the site will be a single-family residence. The project will be constructed in such a manner as to minimize impacts to surrounding property owners. The proposed project meets all adopted code requirements, with the exception of the requested variances, and will be subject to all current code provisions. Conditions of approval will ensure that the project is compatible with the surrounding neighborhood. Therefore, the proposed project will not be detrimental to the public health, safety, or welfare of persons or properties within the surrounding neighborhood. 5.The use, as described and conditionally approved, would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. The use of the site will be a single- family residence. The proposed residence will be constructed in compliance with the current Building Code and Zoning standards, with the exception of the requested variance. Furthermore, the City’s plan check process will ensure that the proposed project will meet all of the applicable building and safety and fire requirements. The project must also comply with the conditions of approval required by the Department of Public Works. A Geologic and Soils Engineering Exploration report has been submitted which reported that the site is considered feasible for construction of the proposed additions. Furthermore, as part of their review, the Fire Department and Department of Transportation reviewed the project subject to Section F.3, of the Zoning Code, and considered the location and design of the existing driveway as it relates to on- and off-street safety of vehicles, vehicle passengers and pedestrians, and access for emergency vehicles; no additional comments were provided. 8

Planning & Community Development Department Hillside Development Permit Findings (cont.) 6.The design, location, operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity in terms of aesthetic values, character, scale, and view protection. The use of the site will be a single-family residence. The project is not located on the top of any prominent ridgelines and will not block protected views from neighboring properties. The proposed project will be below the maximum allowable floor area requirements and will meet the Neighborhood Compatibility requirements. The existing residences in the neighborhood were built in a variety of architectural styles with no dominating architectural style for the neighborhood. As designed, the proposed project will be compatible with the surrounding neighborhood. Thus, the project is consistent with development in the neighborhood. 7.The design, location, and size of the proposed structures and/or additions or alterations to existing structures will be compatible with existing and anticipated future development on adjacent lots as described in Section D of this ordinance and in terms of aesthetics, character, scale, and view protection. The Neighborhood Compatibility guidelines are established to ensure that a project is compatible with the character and scale of existing development in the vicinity. The size of the proposed project (not including the garage) is 1,339 square feet, and within the maximum allowable Neighborhood Compatibility floor area of 2,036 square feet. Although the proposed house is visible from surrounding properties, the placement of the new residence would not impede the protected view of an adjoining property. Section E (View Protection) of the Zoning Code states that a proposed structure shall be designed and located so that it avoids blocking views from surrounding properties to the maximum extent feasible. 9

Planning & Community Development Department Hillside Development Permit Findings (cont.) 8.The placement of the proposed additions avoids the most steeply sloping portions of the site to the maximum extent feasible and minimizes alteration of hillside topography, drainage patterns, and vegetation. The subject property is characterized by a steep descending slope, with no flat pad, resulting in site constraints not commonly found on other sites; where the elevation difference between the front of the lot and the rear is approximately 40 feet. The site slopes downward to the northwest away from Kaweah Drive, with an average slope of 38.6 percent. In an effort to minimize alteration to the topography of the site, the massing of the structure is proposed adjacent to the right-of-way towards the front of the site. The final grading and drainage plans for building permits will be based upon the hydrology study and recommended on-site improvements. Any grading activities shall comply with the City’s Grading and Building Codes. The project shall meet all applicable SUSMP (Standard Urban Water Mitigation Plan) requirements of the Building Division. 10

Planning & Community Development Department Minor Variance Findings 1.There are exceptional or extraordinary circumstances or conditions applicable to the project site that does not apply generally to sites in the same zoning district. Staff finds that there are exceptional or extraordinary circumstances or conditions applicable to the subject site that does not apply generally to sites in the same zoning district. The subject property is characterized by a steep descending slope; where the elevation difference between the front of the lot and the rear is approximately 40 feet. Furthermore, there is an existing adjacent residence with an extensive window system that is oriented towards the subject site. The subject property is located in an RS zoning district within the Hillside Overlay District and is subject to the view protection requirements of the Zoning Code; whereas RS properties outside of the Hillside Overlay District are not subject to such a standard. 2.Granting the application is necessary for the preservation and enjoyment of a substantial property right of the applicant, and to prevent unreasonable property loss or unnecessary hardship. Staff finds that granting the request for a reduced front yard setback is necessary for the preservation and enjoyment of a substantial property right of the applicant, and to prevent unreasonable property loss. The reduced setback would allow the applicant to proceed with a development project while providing a site design that complies with the view protection requirements of the Zoning Code by reducing the encroachment into the field of view of the adjacent property located. In addition, the reduced front yard setback would reduce grading impacts to the slope as the residence would be sited further up the slope. 11

Planning & Community Development Department Minor Variance Findings Cont. 3.Granting the application will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety, or general welfare. The reduced front yard setback would not be harmful or detrimental to surrounding properties and to other residences in the immediate neighborhood. The reduced setback would reduce the encroachment into the field of view of the adjacent property located at 1827 Kaweah Drive. In addition, the reduced front yard setback would reduce grading impacts to the slope as the residence would be sited further up the slope. 4.Granting the application is in conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan and the purposes of this Zoning Code, and would not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zone district. The General Plan has identified the subject area as appropriate for residential development. The General Plan policies are intended to promote development to serve community needs, to preserve Pasadena’s character and environment and to promote a healthy family community. The reduced front yard setback will not compromise the character and quality of the existing residential neighborhood. Furthermore, the reduced front setback would not result in the granting of a special privilege to the applicant as there are residences along Kaweah Drive with minimal front setbacks due to the topography of the area. 5.Cost to the applicant of strictly complying with the regulation in question is not the primary reason for the granting of the variance. The cost to the applicant has not been considered a factor at any time throughout the review of this application. 12

Planning & Community Development Department View Protection Section E – View protection. A proposed structure shall be designed and located so that it avoids blocking views from surrounding properties to the maximum extent feasible, as determined by the review authority, and as follows. For purposes of this Chapter, “surrounding” properties refers to all abutting properties as well as properties directly across a street from the subject property.  New structures and tall landscaping shall not be placed directly in the view of the primary viewing areas on a neighboring parcel. For purposes of this Chapter, “primary” living area refers to living rooms, family room, patios, but not a kitchen, bedroom, or bathroom. 13

Planning & Community Development Department View Protection 14 Figure 2-6 — Siting New Building to Preserve Views

Planning & Community Development Department Hearing Officer: Original Proposal Kaweah 12’ Original Setback Living Room Protected View

Planning & Community Development Department Adjacent Property: 1827 Kaweah Dr 16

Planning & Community Development Department Modifications to the Project In order to address concerns regarding view impacts, the following changes were made to the project:  The front setback was reduced from the 12 feet minimum required by the Zoning Code, to 7 feet. Necessitating the need for a Minor Variance. 17

Planning & Community Development Department Hearing Officer: Revised Plans Kaweah 7’ 1827 Kaweah Living Room Protected View Revised Setback

Planning & Community Development Department Hearing Officer November 18, 2015: Project Continued (Original Plans) December 2, 2015: Hearing held (Revised Plans with 7’-0” Setback) Public Participation  Eight speakers in opposition – concerned about the view impact the proposed residence would have on the adjoining property to the east (1827 Kaweah Drive).  Five letters in opposition– concerned about the view impact At the conclusion of public testimony, the Hearing Officer disapproved the entitlement application and found that the proposed residence impedes into and obstructs the protected view of an adjoining property. The structure would be placed directly in the view of the primary living areas. December 3 to December 14, 2015: Appeal Period of Hearing Officer Decision December 8, 2015: Appeal filed by the applicant citing a disagreement with the decision of the Hearing Officer 19

Planning & Community Development Department Modifications to the Project In order to address concerns and issues raised by the Hearing Officer and the public regarding view protection, the following changes were made to the project:  Overall length of the building reduced by six feet;  Moved the building up to the front property line (requires Minor Variance for zero setback); and  Moved the massing of the building 10’-12’ west, away from the adjoining property (1827 Kaweah Drive). Section of the Zoning Code, states that Board of Zoning Appeals shall consider the same application, plans and materials submitted by the applicant for the original decision. However, this section stipulates that changes to the original submittal, to address objections of the Hearing Officer, can be made and considered by the Board of Zoning Appeals. 20

Planning & Community Development Department Board of Zoning Appeals: Site Plan 21 Marengo Ave 0’ Setback 5’-6’ Length Reduction Moved house 10’-12’ back from adjacent property line Living Room Protected View

Planning & Community Development Department Board of Zoning Appeals Hearing February 17, 2016: Appeal Hearing Held  Six speakers in opposition – concerned about the view impact the proposed residence would have on the adjoining property to the east (1827 Kaweah Drive).  At the conclusion of public testimony, the BZA continued the matter to allow the applicant an opportunity to revise the plans by modifying the length of a proposed deck on the second floor.  Direction was given to explore designs to locate the proposed deck so that it would not impede the protected view of the adjoining property to the east. 22

Planning & Community Development Department Board of Zoning Appeals : Revised Plans 23 2’ reduction in deck length Primary Living Area Living Room 1827 Kaweah Dr Living Room Protected View 1827 Kaweah

Planning & Community Development Department Board of Zoning Appeals Hearing March 16, 2016: Appeal Hearing Held Concerns raised by the public and some members of the BZA regarding the projects view impact on the adjoining property to the east. After taking public testimony and at the conclusion of the hearing:  A motion was made to approve the Hillside Development Permit.  The motion to approve failed as the vote resulted in a two-to-three vote by the five members present.  No further motions were made. As a result, no action was taken.  Section B.5 (Failure to Act) of the Zoning Code, states that since the BZA failed to act on the appeal, the decision of the Hearing Officer to disapprove the Hillside Development Permit was deemed affirmed.  A failure to act by the BZA is considered a decision and may be appealed. 24

Planning & Community Development Department City Council Project Hillside Development Permit: To allow the construction of a new 1,139 square-foot, two-story single-family residence with an attached 367 square-foot two-car garage. Minor Variance: To allow a reduced front yard setback of zero-feet, where the minimum required is 12 feet. 25

Planning & Community Development Department City Council: Revised Project Plans 26 Primary Living Area Living Room 1827 Kaweah Dr 6’ deck reduction Living Room Protected View 1827 Kaweah

Planning & Community Development Department East Elevation 27

Planning & Community Development Department West Elevation 28

Planning & Community Development Department North and South Elevations 29 Front Rear

Planning & Community Development Department Interior Views from 1827 Kaweah Dr. 30 Edge of Building Deck Primary Living Area: Living Room

Planning & Community Development Department Interior Views from 1827 Kaweah Dr. 31 Primary Living Area: Living Room

Planning & Community Development Department Interior Views from 1827 Kaweah Dr. 32 Primary Living Area: Living Room

Planning & Community Development Department Interior Views from 1827 Kaweah Dr. 33 Primary Living Area: Living Room

Planning & Community Development Department Interior Views from 1827 Kaweah Dr. 34 Primary Living Area: Living Room

Planning & Community Development Department Interior Views from 1827 Kaweah Dr. 35 Primary Living Area: Living Room

Planning & Community Development Department Interior Views from 1827 Kaweah Dr. 36 Edge of Building Deck Primary Living Area: Living Room

Planning & Community Development Department Minor Variance Minor Variance: To allow a reduced front yard setback of zero feet where the minimum requirement is 12 feet.  Requested due to the topography of the site and to comply with the view protection requirements of the Zoning Code;  There are exceptional or extraordinary conditions applicable to the site that is characterized by steep descending slope, creating a 40’ elevation difference between the front and the rear of the lot; and  Not a special privilege as there are other homes along Kaweah with less than code required front yard setbacks. 37

Planning & Community Development Department Conclusion Staff concludes that:  The proposed project meets all applicable development standards required by the Zoning Code, including the Neighborhood Compatibility guidelines of the Hillside Ordinance, with the exception of the requested variance.  The proposed residence has been designed so that is not placed directly in the view of the primary living areas of the adjacent property to the east to the maximum extent feasible. 38

Planning & Community Development Department Recommendation Staff’s Recommendation to the City Council is to overturn the Board of Zoning Appeals’ decision and approve the application:  Adopt the Environmental Determination, that the proposed project is exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act (Public Resources Code §21080(b)(9); Administrative Code, Title 14, Chapter 3, Class 1 §15303, New Construction or Conversion of Small Structures); and  Approve Hillside Development Permit #6347 with a Minor Variance for a zero front yard setabck. 39

Planning & Community Development Department Appeal of the Board of Zoning Appeals Decision on Hillside Development Permit # Kaweah Drive City Council March 2, 2016