AR 17 ATTACHMENT E-BZA SR (dated November 18,2021) — Pasadena City Council, March 14, 2022 (part 1 of 2)

ATTACHMENT E

BOARD OF ZONING APPEALS STAFF REPORT
Dated November 18, 2021

PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT

STAFF REPORT

DATE: NOVEMBER 18, 2021

TO: BOARD OF ZONING APPEALS

FROM: LUIS ROCHA, ZONING ADMINISTRATOR

SUBJECT: APPEALS OF HILLSIDE DEVELOPMENT PERMIT #6838
1820 LINDA VISTA AVENUE
___________________________________________________________________________

RECOMMENDATION:

It is recommended that the Board of Zoning Appeals:

1. Adopt the Environmental Determination, that the pr oject 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, §15301, Class 1, Existing Facilities) and there are no features that distinguish this project from others in the exempt class; therefore, there are no unusual circumstances. Section 15301 exempts additions to existing structures, provided the addition will not result in an increase of more than 10,000 square feet when the proje ct is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan, and the area in which the project is located is not environmentally sensitive. The proposed 1,401 square-foot main level addition and 158 square-foot addition to create a lower story on an existing single -story dwelling with attached two -car garage does not exceed the threshold. The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and the project location is not environmentally sensitive.

2. Approve Hillside Development Permit #6838, with conditions.

EXECUTIVE SUMMARY:

Hillside Development Permit (HDP) #6838 was presented to the Hearing Officer on January 6, 2021. The HDP application was requested to allow the construction of a 2,208 square -foot, two- story addition to the existing 2,452 square -foot, single -story single -family residence, with an attached 366 square-foot garage, and attached 439 square-foot carport. The application included a 1,401 square-foot addition to the same level as the existing residence and a new 807 square - foot lower-story addition. The combined a dditions resulted in a 4,660 square -foot residence with an attached 754 square-foot garage. The property is zoned RS-4-HD (Single-Family Residential,

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0-4 units/acre, Hillside Overlay District) , and a HDP is required for an addition exceeding 500 square feet within the Hillside Overlay District.

Staff’s recommendation to the Hearing Officer was to approve HDP #6838. Staff assessed the proposed project, and, based on the analyses, concluded that the findings necessary for approving the HDP could be made. At the conclusion of the public hearing, and after public testimony, the Hearing Officer approved HDP #6838 (Attachment K) with conditions and adopted the environmental determination that the project was 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, §15301, Class 1, Existing Facilities).

On January 19, 2021, Jin Ser Park, an abutting property owner of 1812 Linda Vista Avenue, filed an appeal with the Board of Zoning Appeals, of the Hearing Officer’s decision.

On April 22, 2021, the Board of Zoning Appeals considered at its regularly noticed hearing, an appeal of the Hearing Officer’s decision to approve HDP #6838. At the conclusion of the public hearing, the Board of Zoning Appeals made a motion to overturn the Hearing Officer’s decision and to disapprove HDP #6838 (Attachment F). The motion resulted in a 5 -0 vote by the five members present.

On May 3, 2021, the applicant, Matthew Feldhaus, submitted an appeal application (Attachment E) to the City Council. As part of the appeal, the applicant proposes a revised project design in response to the Board of Zoning Appeals decision. As it relates to consideration of the revised application and plans, pursuant to Zoning Code Section 17.72.070.2.c, changes to the original submittal to address objections of the review authority need not be the subject of a new application. The revised project eliminate d the previously proposed lower-story addition to the residence. Instead, the applicant proposed a lower-story Accessory Dwelling Unit (ADU).

The appeal of Hillside Development Permit #6838 was scheduled for a de novo public hearing by the City Council on October 18, 2021. Per Section 17.72.070 of the Zoning Code, the City Council referred the revised project back to the Board of Zoning Appeals . The hearing before the Board of Zoning Appeals is a de novo hearing.

Based on the analysis and the recommended Conditions of Approval, Staff recommends the Board of Zoning Appeals adopt the environmental determination that the project is exempt from environmental review and approve Hillside Development Permit #6838, subject to the findings provided in Attachment A and recommended conditions of approval in Attachment B.

BACKGROUND:

Existing Site Characteristics:

The subject property is located on the east side of Linda Vista Avenue, north of La Vista Place.

The property descends east down a hillside toward the Arroyo Seco . The 50,332 square -foot property is developed with an existing single -story single-family dwelling including an attached two-car garage and attached carport. The site topography is generally flat at the location of the existing improvements. The average slope across the site (areas less that 50 percent slope) is 29 percent. According to survey information, 6,232 square feet of the site slopes equal to or greater than 50 percent. The applicant provided a tree inventory, which identified 47 trees on private property (two of which are located on the property to the north), 23 of which have been identified as protected by the City’s Tree Protection Ordinance.

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Adjacent Uses:

North – Single-Family Residential
South – Single-Family Residential
East – Open Space/Arroyo Seco
West – Single-Family Residential

Adjacent Zoning:

North – RS-4-HD- (Single-Family Residential, 0-4 dwelling units per acre, Hillside Development Overlay District)
South – RS-4-HD (Single-Family Residential, 0-4 dwelling units per acre, Hillside Overlay District)
East – OS (Open Space)
West – RS-2-HD- (Single-Family Residential, 0-2 dwelling units per acre, Hillside Development Overlay District)

PUBLIC HEARINGS:

The applicant, Matthew Feldhaus, had originally submitted a HDP application to allow the construction of a 2,208 square -foot, two-story addition to the existing 2,452 square -foot, single- story single-family residence, with an attached 366 square -foot garage, and an attached 439 square-foot carport. The application included a 1,401 square -foot addition to the same level as the existing residence and a new 807 square -foot lower-story addition. The project would have resulted in a 4,660 square -foot residence w ith an attached 754 square -foot garage. A Hillside Development Permit is required for an addition exceeding 500 square feet within the Hillside Overlay District. No protected trees were proposed for removal as part of the project.

The application presente d to the Hearing Officer included a request to exceed Neighborhood Compatibility, as allowed pursuant to Zoning Code Section 17.29.080 (Neighborhood Compatibility findings to grant additional floor area) for lots larger than 20,000 square feet. The Neighborhood Compatibility analysis consisted of 27 developed parcels in the RS -2-HD and the RS-4-HD zoning districts. The median floor area was 2,827 square feet. Thirty-five percent above the median was 3,816 square feet. The proposal included a dwelling with 4 ,660 square feet of floor area (excluding the garage) and exceeded the Neighborhood Compatibility threshold by 844 square feet.

The Hillside Development Permit application was presented to the Hearing Officer at a public hearing on January 6, 2021. Staff recommended that the Hearing Officer approve Hillside Development Permit #6838, with conditions, on the basis that all required findings for the Hillside Development Permit could be made.

There were three public comments in opposition of the project received prior to or at the Hearing Officer hearing, including two from the attorney of the neighboring parcel to the south (1812 Linda Vista Avenue). The primary concerns raised in the public comments were about privacy impacts on abutting properties, potential impact on protected views, the proximity of the addition to the top edge of the slope, grading impacts, and incorrect application of a CEQA exemption.

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and conditions of approval in Attachment K (Decision Letter). To supplement t he decision, the Hearing Officer provided an addendum with explanation for approval of the application (Attachment I).

Board of Zoning Appeal’s Public Hearing

On January 19, 2021, Jin Ser Park, the abutting property owner of 1812 Linda Vista Avenue to the south, filed an appeal application ( Attachment J) to the Board of Zoning Appeals. The appellant cites the following reasons for the appeal:

1. Out of Scale Development

2. Failure to Consider View Rights

3. Unusual Circumstances

4. Cumulative Impacts

5. Threat to Historic/Natural Resource

On April 22, 2021, the Board of Zoning Appeals considered at a noticed public hearing, an appeal of the Hearing Officer’s decision to approve HDP #6838. A response to each of the appellant’s claims was provided to the Board of Zoning appeals as a component of the April 22, 2021, Board of Zoning Appeals staff report (Attachment G). This included a determination by the Design and Historic Preservation staff that the property did not meet the criteria for designation as a landmark (Attachment M). Staff presented the project and recommended that the Board of Zoning Appeals adopt the environmental determination and approve Hillside Development Permit #6838.

During public t estimony, the appellant’s attorney spoke in opposition to the project and had submitted additional correspondence to the Board of Zoning Appeals for their review (Attachment H). The appellant’s concerns, as indicated in their appeal application, were regar ding view impacts, the scale of proposed development and environmental determination. The appellant submitted photographs from an interior first-story window showing a cross-view to the north, over the roof of the project site and its temporary silhouette (see photos 7-10 of Attachment H). The photographs depict a partial view of the ridge line of the San Gabriel Mountains that would be blocked by the new roof -design of the single -story additions. In addition to the appellant’s testimony, one public comment letter was received prior to the hearing in opposition to the project.

At the conclusion of the public hearing, after considering public testimony, the Zoning Code, the staff report, the development plans and application material, and with full knowledg e of the property and vicinity, the Board of Zoning Appeals determined that:

 The application was requesting 844 square feet of additional floor area above the maximum permitted by the Neighborhood Compatibility requirement.  One of the two required finding s for the granting of additional floor area, per Section

17.29.80.G.1, requires the decision maker to find in the affirmative that “no additional view impacts will occur to neighboring properties as a result of granting additional square footage”.
 The proposed project would block the appellant’s views of the ridgelines to the north from a first floor window on the north elevation of the residence at 1812 Linda Vista Avenue.  Due to the view impacts, the finding required to grant the additional floor area abo ve the maximum permitted by the Neighborhood Compatibility requirement cannot be made.

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Based on the determination above, the Board of Zoning Appeals motioned to overturn the Hearing Officer’s decision and to disapprove the Hillside Development Permit that resulted in a 5-0 votes by the members present. As a result, action was taken to disapprove Hillside Development Permit #6838 (Attachment F).

In their decision, the Board of Zoning Appeals did not vote on the CEQA recommendation that the project was exem pt from environmental review. Pursuant to Zoning Code Section

17.72.070.5, if a vote to affirmatively approve the CEQA determination is not made it is considered a denial thereof.

APPEAL OF BOARD OF ZONING APPEALS DECISION:

On May 3, 2021, the project applicant, Matthew Feldhaus, submitted an appeal application (Attachment E) of the Board of Zoning Appeals’ decision to the City Council. The appeal of Hillside Development Permit #6838 for the property located at 1820 Linda Vi sta Avenue was scheduled for a de novo public hearing by the City Council on October 18, 2021. Per Section

17.72.070.

CURRENT PROJECT DESCRIPTION:

In response to the Board of Zoning Appeals decision, and as part of the appeal application, the project applicant submitted revised plans to reduce the size of the additions to the residence by eliminating the lower -story as an addition and instead proposing an Accessory Dwelling Unit (ADU) in its place. The additions to the residence were reduced in size in an effort to have the size of the residence within the allowed floor area of the Neighborhood Compatibility analysis.

The revised scope of work includes a 1,401 square-foot addition to the same level as the existing residence, resulting in a 3,853 square -foot residence; the previous proposal was for a 4,660 square-foot residence. The propos al still includes a 315 square-foot garage addition that would result in an attached 754 square -foot garage . The project also includes a 158 square -foot equipment and storage area. A new swimming pool and an 807 square-foot lower-story ADU is part of the development but does not require the HDP. The total gross floor area proposed would be 5,572 square feet. No protected trees are proposed to be removed.

The applicant also requests that the Board of Zoning Appeals modify the “neighborhood” used for the Neighborhood Compatibility analysis to allow the removal of properties that are not in the same RS zoning district as the subject site; additional discussio n can be found in the Neighborhood Compatibility analysis section of this report. Pursuant to California Government Code Section 65852.2, ADUs are ministerial and shall not be subject to discretionary review or a public hearing. In addition, the proposed d eck expansion and pool are not subject to a Hillside Development Permit. Although the ADU, proposed deck expansion, and pool are allowed by right, they are included both on the proposed development plans and in the geotechnical report as part of the overal l project scope. Where applicable, the analysis below will identify the ADU’s compliance with development standards for informational purposes.

ANALYSIS:

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and protecting existing natural resources , prohibit features that would create or increase fire, flood, landsl ide or other safety hazards to public health and safety, and preserve significant natural topographic features.

The Board of Zoning Appeals may approve a Hillside Development Permit only after making eight findings pursuant to Zoning Code Section 17.61.050 (Conditional Use Permits and Master Plans) and 17.29.080 (Hillside Development Permit). Findings are necessary for the purpose of evaluating compliance with the Zoning Code and General Plan, whether the use would be detrimental or injurious to the neighborhood, and compatibility of the operation with existing and future uses. The following analysis discusses the project’s compliance with dev elopment standards of the Hillside Overlay District.

RS-4 and Hillside Overlay District Development Standards

Properties located within the Hillside Overlay District are required to comply with all of the required development standards of the RS -4 zon ing district, except as superseded by additional development standards listed in Zoning Code Sections 17.29.050 through Section 17.29.070 (Hillside Overlay District).

In addition to the following discussion, an outline of development standards is provide d in Table A (Page 1 3) to show compliance with all of the applicable zoning and Hillside Overlay development standards.

Gross Floor Area

Calculating the maximum allowed floor area in the Hillside Overlay District is a multi-step process.

The intent of the process is to consider the steepness or topography of a property when determining the size of a development; a steeper property may provide less land area suitable for development. The Zoning Code considers this with respect to maximum allowed floor area.

Gross floor area includes all covered parking (garage and carport areas), habitable attic space, accessory structures and basements with any exposed wall (or portion thereof) six feet or more above finished grade, measured from finished grade elevation to the floor above. The maximum allowable gross floor area for properties located in the RS -4-HD zoning district with a property size more than 10,000 square feet is 25 percent of the lot size plus 500 square feet. Further, additional reductions are taken based on the average slope of the lot.

Based on the slope analysis provided by the applicant, the lot area measures 50,332 square feet.

Of this, 6,232 square feet slopes equal to or greater than 50 percent. Furthermore, the average slope of the lot is approximately 29 percent. Based on the calculation applicable to the RS-4-HD zoning district, the maximum allowed floor area is 10,714 square feet.

The modified project proposes a 3,853 square -foot residence with an attached 754 square -foot garage, and 158 square -feet of enclosed pool equipment and storage space on the lower level for a total gross floor area of 4,765 square feet. The projec t also includes an expansion of the existing deck to include a patio cover and infinity pool, and an 807 square -foot lower floor ADU.

The total gross floor area including the ADU is 5,572 square feet and is in compliance with the property’s maximum allowable floor area of 10,714 square feet.

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Lot Coverage

The maximum allowed lot coverage for a property in the Hillside District Overlay is equal to 35 percent of the lot area. This standard generally evaluates the percentage of land area covered by development. In this case, 35 percent of the 50,332 square -foot lot is 17,616 square feet. The proposed lot coverage is approximately 15 percent, or 7,434 square feet, which complies. This calculation includes the building footprint and the proposed deck extension.

Setbacks

The minimum front setback requirement for the main structure in the Hillside Overlay District is 25 feet, measured from the front property line. The existing residence is setback 52’ -2” and complies with the front setback requirement.

Additionally, the minimum front setback for an attached garage is 25 feet. In this case, the proposed enclosure of the existing carport to convert to the new garage maintains a front setback of approximately 59’-9”, which complies with the minimum front setback for an attached garage.

The required interior side setback is equal to 10 percent of the lot width, with a minimum requirement of five feet and a maximum requirement of ten feet. The lot width is 94’-9”, resulting in a minimum side setback requirement of 9’ -5”. The proposed setback for the addition on the south side is 10’-9”. The proposed setback for the exterior staircase at the north side is 9’-9” and the setback for the proposed additions are 13’ -6”. As such, the proposed setbacks comply with the minimum side setback requirement.

The minimum required rear setback is 25 feet. The setback measured from the proposed addition to the rear property line is 253’-2”, which complies with the minimum rear setback requirement.

Encroachment Plane

Main structures may not to be located within an encroachment plane that slopes upward and inward at a 30-degree angle, commencing at a point six feet above existing grade along the side property lines. The intent of the encroachment plane standard is to moderate the mass and scale of structures and maintain desired neighborhood character. Plans provided by the applicant depict the encroachment plane and demonstrate the proposed addition complies with the requirement.

Height

Properties in the Hillside Overlay District are required to comply with two separate standards for building height. No structure may exceed a height of 28 feet at any point on the site, measured as the vertical distance from the existing grade to an imaginary plane parallel to the existing grade; nor can the overall height, as measured from the lowest elevation on the site where the structure touches the grade, to the highest point of the roof (ridge or parapet), exceed a height of 35 feet.

The project proposes a building height of 17’ -2” measured from the adjacent elevation of the existing grade, and an overall height of 32’-3”, measured from the lowest grade to the highest ridge. The structure does not exceed a height of 28 feet at any point on the site and is within the total height limitation of 35 feet. Therefore, the project complies with both standards for building height.

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Parking

Single-family dwellings are required to provide two covered parking spaces in the Hillside Development Overlay. Additionally, properties within the Hillside Overlay District are required to provide a minimum of four guest parking spaces on a site fronting a street where parking is prohibited on both sides of the street, or a minimum of two guest parking spaces on a site fronting a street where on-street parking is allowed. Guest parking spaces may be located in the driveway, in side-by-side and/or tandem configurations.

The proposal includes converting the existing carport attached to the front of the residence into a two-car garage. The new garage will continue to be accessible from Linda Vista Avenue via the existing driveway. The portion of Linda Vista Avenue fronting the property allows street parking, therefore two guest parking spaces are required for the project. The existing driveway will provide the required two guest parking spaces. Therefore, the project complies with the parking requirement.

Neighborhood Compatibility

Projects subject to a Hillside Development Permit are to consider the character and scale of existing development in the neighborhood. The neighborhood is generally comprised of lots with residential properties located within a 500-foot radius of the site. The Zoning Code specifies that the allowable floor area of a proposed dwelling (excluding garages, accessory structures, basements, etc.) may not exceed the median floor area of existing dwellings within the 500 -foot radius by more than 35 percent. Floor area for this calculation relies on data from the Los Angeles County Assessor. Since the April 22nd Board of Zoning Appeals meeting, the applicant requested that staff provide an updated neighborhood compatibility calculation table (Attachment C) to reflect the current Los Angeles County Assessor data in conjunction with recent updates in finalized building permit square footage for 1860 Linda Vista Avenue. Within a 500 -foot radius, there are 31 parcels within the City of Pasadena jurisdiction. Four of these properties are vacant.

Of the remaining 27 developed parcels, located in both the RS -2-HD and RS -4-HD zoning districts, the median residential floor area is 2,827 square feet. Thirty -five percent above the median is 3,816 square feet. The proposal includes a dwelling with 3,853 square feet of floor area (excluding the garage, pool equipment/storage spa ce and the ADU) and exceeds the base Neighborhood Compatibility threshold by 37 square feet.

Pursuant to Zoning Code Section 17.29.060.F, the 500-foot “neighborhood” may be modified by the review authority, based on any or all of the following criteria:

a. Properties within 500 feet are not in the City of Pasadena; b. Properties within 500 feet are not in Hillside Overlay district; c. Properties within 500 feet are not in RS district, or are in a different RS district; and d. Properties within 500 feet are separated by a significant manmade structure (e.g. freeway) or a significant natural feature (e.g. canyon, ridge, etc.) that, to the extent determinable by staff, is not the result of grading or other man -made alteration of the natural terrain.

In this case, t he applicant has requested that the Board of Zoning Appeals modify the “neighborhood” by excluding all properties within the RS-2-HD zoning district from the calculation, resulting in the parcels only located within the RS -4-HD zoning district being includ ed for the Neighborhood Compatibility analysis. The portion of Linda Vista Avenue fronting the project site is bisected between two residential zoning districts, with the RS -2-HD zoning district

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encompassing the properties located on the western side of th e street and the RS-4-HD zoning district capturing the properties located on the eastern side of the street. The modification of the neighborhood would result in a comparison of lots within the same zoning district that have comparable development standards and are situated similarly along Linda Vista Avenue. The RS- 4-HD zoned properties on the east side of Linda Vista Avenue, including the subject site, contain lot frontages generally at the same grade along Linda Vista Avenue. The RS -4-HD zoned properties are identified within the Arroyo Seco Slope Bank map and contain eastern descending slopes abutting the Arroyo Seco. The properties zoned RS-2-HD on the west side of Linda Vista Avenue are at a higher grade in elevation (approximately 20 feet) and general ly do not have vehicular access on Linda Vista Avenue. If the modification of the neighborhood is approved, it would result in 11 developed parcels in the RS -4-HD zoning district and the median floor area would be 3,302 square feet. Thirty -five percent ab ove the median would be 4,458 square feet (Attachment D). The proposal includes a dwelling with 3,853 square feet of floor area and within the modified Neighborhood Compatibility threshold.

If the Board of Zoning Appeals approves the modified “neighborhood”, the residence would be within the allowed floor area of the Neighborhood Compatibility analysis and the applicant would not require the granting of additional floor area to exceed the analysis pursuant to Section

17.29.080.G; the following two findings would not need to be made:

1. No additional view impacts will occur to neighboring properties as a result of granting additional square footage; and

2. The massing, scale, and building articulation of the proposed dwelling o r other structure is compatible with the neighborhood as viewed from public or private streets.

As previously discussed, the projected originally presented to the Board of Zoning Appeals exceeded the Neighborhood Compatibility analysis by 844 square feet and the application required that the findings in Section 17.29.080.G are made in order to grant the additional floor area. The Board of Zoning Appeals determined that finding No. 1 above could not be made.

If the Board of Zoning Appeals does not approve the modified “neighborhood”, the residence would have to be reduced by 37 square feet to be within the base Neighborhood Compatibility analysis threshold of 3,816 square feet.

Architecture and Setting

The existing dwellings in the neighborhood consist of varying styles. In addition to the range of architectural styles, there is also a variety in massing throughout the neighborhood such as single- story, two-story, and three-story homes and a mix of u-shaped, l-shaped, and rectangular building footprints. R oof pitches and façade materials are also mixed throughout the neighborhood.

Existing architectural elements do not appear to reflect one strict style, form, massing, or material palette. The existing residence was constructed in 1948 with an addition in 1 965. The current dwelling’s architectural style includes a mix of ranch and traditional architectural elements, many of which have been modified from the original construction over time. In 1965 a courtyard and carport were added to the front of the proper ty and significantly modified the front façade and architectural design.

The applicant has designed the proposed addition and renovation to complement the original architecture. The project intends to incorporate elements of contemporary and mid -century modern design with flat roofs, large glass openings for natural daylight and ventilation, stucco and

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wood finishes, clerestory windows at the north and south facades, and simple trim and detailing.

Similar architectural characteristics are featured in home s within the vicinity as shown in the neighborhood architectural analysis exhibits.

The proposed project's scale and massing is compatible with the scale and setting of the surrounding neighborhood. From the street, the project will continue to appear as a single -story residence. The proposed lower-floor ADU addition will be located below the residence, within the space between the master be droom addition and the rear yard slope, within the same side setbacks as the primary residence above it, and will not be visible from the public street.

The existing residence is one level with four bedrooms and three bathrooms. The proposed project would alter the configuration of the existing floor’s interior by an additional 1,401 square feet, converting the existing garage into livable area to create an additional bedroom at the south, a master bedroom expansion at the north, and converting the existing carport into a new garage.

The project would add a new 807 square-foot lower floor ADU at the northern side of the residence beneath the master bedroom and deck expansion. In addition to the ADU, the lower level would feature a 29 square -foot storage spa ce under the exterior stair case and a 129 square -foot enclosed pool equipment room below the deck footprint.

The existing deck would be expanded to include a new patio cover, infinity pool, and spa (accessible from each bedroom and living area at the ea st elevation) at the eastern side of the dwelling. The additions are extensions of the existing living area, deck area, and filling in the space below the deck expansion with additional floor area. The lower level ADU addition underneath the main level will be entirely located within captured space that would otherwise be an empty volume. Both the upper floor and lower floor additions are placed to maintain any protected view corridors from adjacent properties.

The rear addition is setback more than 100 feet from the top edge of the Arroyo Seco Slope Bank, and more than 250 feet from the rear property line, thereby preserving the privacy of surrounding lots to the north, south, and east. All portions of the addition are set in such an area and designed in a manner that visibility from off the property would be limited to the maximum extent possible.

The massing and architectural design, along with the existing topography and landscaping, help diminish the appearance of the proposed improvements. The exterior materials would include flat roofs, large glass openings for natural daylight and ventilation, stucco and wood finishes, clerestory windows at the north and south facades, and simple trim and detailing painted and finished with darker colors to blend into the hillside. Therefore, it is the staff position that the proposed size, design, materials, and color palette are consistent with the applicable design criteria (architectural features) of the Hillside Develop ment Overlay and with properties in the neighborhood.

View Protection, Story Poles, Notice of Application Requirements

Section 17.29.060.G (View Protection) of the Zoning Code requires applicants to design and locate improvements so that they avoid blocking views from surrounding properties to the maximum extent feasible as determined by the review authority. Specifically, new structures shall not be centered directly in the view of any room of a primary structure on a neighboring parcel.

Views shall be considered from windows of any room in the primary structure. The standard specifies that improvements are to avoid blocking culturally significant structures such as the Rose Bowl, Colorado Street Bridge, City Hall, downslope views of the valley floo r, prominent ridgelines, and/or the horizon line. Views of the open sky, existing foliage, private yards, and existing structures on surrounding properties are not protected and shall not be taken into

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consideration by the review authority. For this projec t, views to the east and southeast to be considered include downslope views of the valley floor, the Rose Bowl, Colorado Street Bridge, and City Hall. Views to the north include the ridgeline of the San Gabriel Mountains. To assist with the view protection analysis, a temporary silhouette (story poles) was installed on the subject property in December of 2020. Staff followed with a visual inspection, photographing the project site in relation to abutting properties. A notice of application providing a mini mum 14 -day notification period was also mailed in accordance with the requirements of the Zoning Code.

In this case, the applicant has proposed the additions in an area that would not reasonably affect views protected by the Zoning Code. The existing residence is one -story. Single-story additions to the front of the existing residence include converting the carport into a two-car garage and a laundry room. Additions to the rear of the existing residence would accommodate new bedrooms and expanded living areas. The gabled roof would be removed and replaced with a flat roof. From the street, the project would continue to appear to be only a single-story residence, with the lower- floor ADU addition at the rear, underneath the main level and deck, and unable to be seen from the public street.

The residences to the west, across Linda Vista Avenue, are situated at an elevation approximately 20 feet higher than the project site and would not have their views towards the east impeded by the proposed project. The abutting properties to the north and south are single-family residences located at 1840 Linda Vista Avenue and 1812 Linda Vista Avenue. Both the project site a nd the two abutting residences’ existing footprints are oriented so that all three homes are in line and their rear wall planes are in a consistent string-line.

1840 Linda Vista Avenue is the adjacent property to the north, improved with a single-story, single- family residence, and its easterly views and views toward the north would not be impacted by the proposed improvements.

1812 Linda Vista Avenue is the property adjacent to the south and is impr oved with a two-story, single-family residence. In order to avoid impacting 1812 Linda Vista Avenue’s protected views from their existing second story north -facing windows, the proposed project was designed to remain a single -story residence at the street level. The applicant designed the majority of the project’s addition (the master bedroom extension) to be located at the northern side of the property, approximately 70 feet from the southern side property line to minimize impacts to the abutting neighbor to the south. The proposed improvements would not block its views east and southeast views towards the valley floor, the Rose Bowl, Colorado Street Bridge, or City Hall. As part of their appeal to the Board of Zoning Appeals, the property owner of 1812 Li nda Vista submitted photographs from an interior first-story window showing a cross-view to the north, over the roof of the project site and its temporary silhouette (see photos 7 -10 of Attachment H). The photographs depict a partial view of the ridge line of the San Gabriel Mountains that would be blocked by the new roof -design of the single -story additions and remodel. Staff had previously conducted an exterior site visit and observed that the window in question had views of the private side yard, existin g foliage, a block wall, and the existing residence of the subject application.

Subsequent to the denial of the application by the Board of Zoning Appeals, the Director of Planning and Community Development contacted the property owner’s representative in an effort to get permission to enter the residence in order to conduct an analysis of the view from the interior of the subject window. Permission to enter the residence was not provided.

Although it appears that a portion of the ridgeline would be blocke d from a first-story window by the new roof-design of the single-story additions and remodel, the proposed structure is designed to avoid blocking views from surrounding properties to the maximum extent feasible. The project

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avoids upper-story additions, makes use of the existing building pad for the additions to the front of the residence and provides a flat roof system.

Ridgeline Protection

The proposed addition complies with the ridgeline protection standards of the Zoning Code.

There are no ridgelin es near to the subject property. Therefore, no part of the proposal would appear silhouetted against the sky above a ridge when viewed from a public street or park.

Arroyo Seco Slope Bank

Section 17.29.050.D of the City’s Zoning Code states that no structure shall extend over or below the top edge of the Arroyo Seco slope bank on a lot identified on the Arroyo Seco Slope Bank Map, dated May 11, 2004. The subject property is located within t he boundary identified on the Map. The Zoning Code defines the "top edge" of the Arroyo as the highest existing grade elevation at the point where the natural gradient inclines downward at a slope greater than 50 percent in the mapped area. On a site with multiple slope banks, the "top edge" shall be considered the point farthest from the floor of the Arroyo Seco.

The applicant provided a topographic map identifying the "top edge" of the Arroyo Seco at an elevation of approximately 977 feet. This top edge is identified as approximately 120 feet west of the rear property line and the proposed project is setback another 110’ -2” from it. Therefore the project complies with the Arroyo Seco Slope Bank requirements.

Preliminary Geotechnical Report

As a part of the Hillside Development Permit requirements, a preliminary geotechnical report is required. Irvine Geotechnical, Inc. conducted a full geotechnical investigation of the site and prepared a report addressing the entire scope of work (including the proposed lower story ADU, deck expansion, and pool structures which do not require a Hillside Development Permit). The report includes a description of site conditions, results of field exploration, and laboratory testing.

The geotechnical investigation is required for projects subject to a Hillside Development Permit.

The purpose of the report is to evaluate the subsurface conditions that may affect site stability or structural integrity. Irvine Geotechnical, Inc. explored the subsurface conditions around the location of the proposed upper and lower story additions by excavating seven test pits to a depth of seven feet below the surface. Based on the investigation, Irvine Geotechnical, Inc. concluded that the grading and proposed structure will be safe against hazard from landslide, settlement, or slippage and the proposed construction will have no adverse effect on the geologic stability of the adjacent properties provided recommendations are followed.

Board of Zoning Appeals 13 Hillside Development Permit #6838 November 18, 2021 1820 Linda Vista Avenue
Project Summary

A summary of development standards is provided in Table A below to show compliance with all of the applicable zoning and Hillside Overlay development standards.

Table A: RS-4 and Hillside Overlay Development Standards * If the modification to the “neighborhood” is approved by the Board of Zoning Appeals.

TREE PROTECTION ORDINANCE:

The applicant provided a tree inventory, which identified 47 trees on private property (two of which are located on the property to the north). Of these 47 trees, 23 are protected by the City’s Tree Protection Ordinance based on the species, size, and location on the property. The applicant proposes to retain all 23 protected trees and to remove nine of the 24 non-protected trees. Of the nine trees proposed for removal, none qualify for the replacement thresholds of Section 17.44.070 (Landscape Standards). Based on the information provided by the applicant, none of the existing trees or canopies would overlap with the proposed addit ion. Along with retaining all protected trees, the applicant proposes landscape improvements within the front setback. A final landscape plan would be reviewed during the Building Permit plan check process for consistency with landscape requirements of the Zoning Code.

Development
Feature Required Proposed Analysis
RS-4 – Single Family Residential and Hillside Overlay Development Standards Front Setback
(West):

Garage
Residence

25 feet
52’-2”
59’-9”
Complies
Interior Side
Setback
(North & South)
9’-5”
(10% of lot width, minimum of 5
feet – maximum of 10 feet)
9’-9” (North)
10’-9” (South) Complies
Rear (East) 25 feet 253’-2” Complies
Maximum
Site Coverage
17,616 square feet
or
35 percent
7,434 square feet
or
15 percent

Complies
Maximum Floor
Area Ratio 10,714 square feet 5,572 square feet Complies Maximum Allowable
Height-
Primary Structure
28 feet at any point from existing
grade; and
35 feet from lowest point where the
building touches finished grade to
highest point of the building

17’-2” at any point
32’-3” overall height

Complies

Minimum Parking 2 covered spaces 2 car garage Complies
Guest Parking 2 on-site guest spaces 2 guest spaces Complies Neighborhood
Compatibility within
a 500-foot radius
Median –
3,302 square feet
Median + 35 percent –
4,458 square feet
3,853 square feet
Complies*

Board of Zoning Appeals 14 Hillside Development Permit #6838 November 18, 2021 1820 Linda Vista Avenue
GENERAL PLAN CONSISTENCY:

The subject site is designated as Low Density Residential in the General Plan Land Use Element.

General Plan Land Use Policy 21.5 (Housing Character and Design) encourages the renovation of existing housing stoc k in single - and multi -family neighborhoods. When additions or replacement housing is proposed, these should reflect the unique neighborhood character and qualities, including lot sizes; building form, scale, massing, and relationship to street frontages, architectural design and landscaped setbacks. The proposed project consists of a two -story addition primarily to the rear of an existing single-story single-family residence. The residence is setback far from the street and is contextually appropriate with the character of the neighborhood, particularly in regards to building form, massing, and architectural design. The use of the site would remain a single-family residence; therefore, the character of the single-family neighborhood would be maintained.

General Plan Land Use Policy 21.9 (Hillside Housing) requires residences to maintain appropriate scale, massing and access to residential structures located in hillside areas. The proposed two- story addition to the existing single-story residence complies with all the development standards set forth in the City’s Zoning Code. The proposed living area of 3,853 square feet is compatible with the Neighborhood Compatibility floor area (4,458 square feet) of properties containing single- family residences within the immediate neighborhood. The project proposes a blend of modern and ranch architectural styles utilizing earth tone colors and materials, and an architectural style and color scheme that is compatible with the architectural guidelines of the City’s Hi llside Development Ordinance. Additionally, the scale and massing of the proposed two-story addition is consistent with the scale and setting of the surrounding residences.

General Plan Land Use Policy 6.4 – (View Sheds) requires residences to recognize and protect significant views of the San Gabriel Mountains, the Arroyo Seco, open spaces along with views of significant structures such as the City Hall cupola, Central Library, and the Civic Auditorium.” The proposed project is designed to minimize massing by adding additional square footage both at the existing main level of the single -story residence and a lower story below the main level’s addition. The design of the addition will keep the appearance of residence as one story at the street level and limit potential impacts to views of these significant structures from surrounding properties.

Therefore, staff finds that the project would be consistent with General Plan objectives and policies.

ENVIRONMENTAL REVIEW:

This project has been determined to be 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, §15301, Class 1, Existing Facilities) and there are no features tha t distinguish this project from others in the exempt class; therefore, there are no unusual circumstances. Section 15301 exempts additions to existing structures, provided the addition will not result in an increase of more than 10,000 square feet when the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan, and the area in which the project is located is not environmentally sensitive. The proposed 1,401 square -foot main level addition and 158 square -foot addition to create a lower story on an existing single -story dwelling with attached two -car garage does not exceed the threshold. The project is in an area where all public services and facilities are available

Board of Zoning Appeals 15 Hillside Development Permit #6838 November 18, 2021 1820 Linda Vista Avenue
to allow for maximum development permissible in the General Plan and the project location is a developed lot and not environmentally sensitive. Therefore, the proposal is exempt from environmental review.

CONCLUSION:

It is staff’s assessment that the findings necessary for approving the Hillside Development Permit can be made (Attachment A). The proposed project meets all applicable development standards required by the Zoning Code for the RS -4-HD zoning district and the additional development standards required within the Hillside Overlay District. The proposed additions to the existing residence would not be injurious to adjacent properties or uses, nor would the development be detrimental to environmental quality, q uality of life, or health, safety, and welfare of the public.

Furthermore, the proposed additions are consistent with the objectives and policies of the Hillside Overlay District and the Design Principles of the General Plan. These design standards are specific to development of residential properties located within the Hillside Overlay District, which include architectural features, exterior wall features, privacy, support structures, and colors and materials. The proposed project has incorporated the building design with variation of architectural elements, features, and earth tone colors that are consistent with surrounding styles and massing.

The additions are located in a way that reduces impacts to protected views to the maximum extent feasible, and importantly the protection of the existing trees.

Staff finds that the findings necessary for approving Hillside Development Permit #6838 to allow for the construction of the proposed addition can be made. Therefore, staff recommends that the Board of Zoning Appeals approve Hillside Development Permit #6838 subject to the findings in Attachment A and recommended conditions of approval in Attachment B.

Respectfully Submitted, Prepared By:

Luis Rocha Katherine Moran
Zoning Administrator Associate Planner

Attachments (13):

Attachment A – Hillside Development Permit Findings
Attachment B – Conditions of Approval
Attachment C – Neighborhood Compatibility Analysis (dated August 4, 2021) Attachment D – Modified Neighborhood Compatibility Analysis (dated August 4, 2021) Attachment E – Appeal Application of Board of Zoning Appeals’ decision (dated May 3, 2021)
Attachment F – Board of Zoning Appeals Decision Letter (dated April 28, 2021) Attachment G – Board of Zoning Appeals Staff Report (dated April 22, 2021) Attachment H – Board of Zoning Appeals Appellant Presentation (dated April 21, 2021) Attachment I – Hearing Officer Addendum (dated March 20, 2021) Attachment J – Appeal Application of Hearing Officer’s decision (dated January 19, 2021) Attachment K – Hearing Officer Decision Letter (dated January 11, 2021) Attachment L – Hearing Officer Staff Report (dated January 6, 2021) Attachment M – Design and Historic Preservation Historical Designation Review (dated July 21, 2020)

Board of Zoning Appeals 16 Hillside Development Permit #6838 November 18, 2021 1820 Linda Vista Avenue

ATTACHMENT A
SPECIFIC FINDINGS FOR HILLSIDE DEVELOPMENT PERMIT #6838

Hillside Development Permit:

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 a permitted use within the RS -4-HD (Residential Single -Family, Hillside Overlay District) Zoning District. The proposed two -story addition to an existing single -story dwelling 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 RS-4-HD 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-4-HD, which is designated primarily for single -family residential purposes. The subject site and the surrounding properties within the neighborhood are developed with single-family residences.

The proposed project will be consistent with existing development within the vicinity. As analyzed, the project will meet all applicable development standards for the RS-4-HD zoning district and Hillside Overlay such as setbacks, lot coverage and floor area, height and neighborhood compatibility.

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. General Plan Land Use Policy 21.5 (Housing Character and Design) encourages the renovation of existing housing stock in single - and multi-family neighborhoods. When additions or replacement housing is proposed, these should reflect the unique neighborhood character and qualities, including lot sizes; building form, scale, massing, and relationship to street frontages, architectural design and landscaped setbacks. The proposed project consist s of a two-story addition primarily to the rear of an existing single-story single-family residence. The residence is setback far from the street and is contextually appropriate with the character of the neighborhood, particularly in regards to building f orm, massing, and architectural design. The use of the site would remain a single-family residence; therefore, the character of the single -family neighborhood would be maintained.

General Plan Land Use Policy 21.9 (Hillside Housing) requires residences t o maintain appropriate scale, massing and access to residential structures located in hillside areas. The proposed two -story addition to the existing single -story residence complies with all the development standards set forth in the City’s Zoning Code. The proposed living area of 3,853 square feet is compatible with the Neighborhood Compatibility floor area (4,458 square feet) of properties containing single -family residences within the immediate neighborhood. The residence proposes a blend of modern and ranch architectural styles utilizing earth tone colors and materials, an architectural style and color scheme that is compatible with the architectural guidelines of the City’s Hillside Development Ordinance. Additionally, the scale and massing of the proposed two-story addition is consistent with the scale and setting of the surrounding residences. Vehicle access to the site will continue to occur from Linda Vista Avenue via the existing driveway approach.

General Plan Land Use Policy 6.4 – (View Sheds ) requires residences to recognize and protect significant views of the San Gabriel Mountains, the Arroyo Seco, open spaces along

Board of Zoning Appeals 17 Hillside Development Permit #6838 November 18, 2021 1820 Linda Vista Avenue
with views of significant structures such as the City Hall cupola, Central Library, and the Civic Auditorium.” The proposed p roject is designed to minimize massing by adding additional square footage both at the existing main level of the single-story residence and a lower story below the main level’s addition. The design of the addition will keep the appearance of residence as one story at the street level and limit potential impacts to views of these significant structures from surrounding properties.

Therefore, staff finds that the project would be consistent with General Plan objectives and policies.

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 proposed additions to the existing residence would not be detrimental to environmental quality, quality of life, or health, safety, and welfare of the public. Furthermore, the proposed additions are consistent with the objectives and policies of the Hillside Overlay District and the Design Principles of the General Plan. These design standards are specific to development of residential properties located within the Hillside Overlay District, which include architectural features, exterior wall features, privacy, support structures, and colors and materials. The proposed project has incorporated the building design with variation of architectural elements, features, and earth tone colors that are consistent with surrounding styles and massing. The additions are located in a way that reduces impacts to protected views to the maximum extent feasible, and most importantly the protection of the existing trees.

5. The use, as described and conditionally approved, would not be detrimental or injurious to property and improvements in the neigh borhood or to the general welfare of the City. The proposed two -story addition to the existing single -family residence will be constructed in compliance with the current Building Code and Zoning standards. 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 Public Works Department, Building and Safety Division, and Pasadena Fir e Department. In addition, a Tree Protection Plan has been submitted to ensure that the project will comply with the City’s Tree Ordinance. A Soils Engineering Report has been submitted which reported that the site is considered feasible for construction of the proposed addition.

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 remain as a single -family residential use. The project complies with all the development standards of the Zoning Code.

The project is not located on the top of any prominent ridgelines and will not block protected views from neighboring properties to the maximum extent feasible. The proposed project will comply with the Neighborhood Compatibility requirements. The project has been designed with the use of natural materials, which are design elements that can be found in the neighborhood. Additionally, the proposed single -family residence’s scale and massing is within the scale and setting of the surrounding residences. Thus, the project would be compatible with the existing and future land uses in the vicinity in terms of aesthetic val ues, character, scale, and view protection.

Board of Zoning Appeals 18 Hillside Development Permit #6838 November 18, 2021 1820 Linda Vista Avenue
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 residence ( excluding the garage, pool equipment/storage space and the ADU ) is 3,853 square feet, which is compliant with the maximum allowable Neighborhood Compatibility floor area of 4,458 square feet . The proposed project's scale and massing is compatible with the scale and setting of the surrounding neighborhood. From the street, the project will continue to appear as a single - story residence. The proposed lower-floor ADU addition will be located below the res idence, within the cavity between the master bedroom addition and the rear yard slope, within the same side setbacks as the primary residence above it, and unable to be seen from the public street. All portions of the addition are set in such an area and d esigned in a manner that visibility from off the property would be limited to the maximum extent possible. The massing and architectural design, along with the existing topography and landscaping, help diminish the appearance of the proposed improvements. The exterior materials would include flat roofs, large glass openings for natural daylight and ventilation, stucco and wood finishes, clerestory windows at the north and south facades, and simple trim and detailing painted and finished with darker colors to blend into the hillside. Furthermore, as designed, the placement of the proposed additions would not impede the protected view of an adjoining property to the maximum extent feasible . Thus, the project is in scale with the context and character of existing and future development in the neighborhood in terms of aesthetics, character, scale, and view protection. Therefore, it is the staff position that the proposed size, design, materials, and color palette are consistent with the applicable design criteria (architectural features) of the Hillside Development Overlay and with properties in the neighborhood.

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 proposed two-story addition to the existing single-story dwelling will be located towards the interior of the lot away from the public rights-of-way and the most steeply sloping portions of the site. As a result, the project requires minimal changes to grading, drainage, and landscaping. All protected trees will be retained further limiting impacts to the existing hillside topography. Any grading that will occur will 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 and is required to submit a Tree Protection Plan as part of the building permit plan review process.

Board of Zoning Appeals 19 Hillside Development Permit #6838 November 18, 2021 1820 Linda Vista Avenue

ATTACHMENT B
CONDITIONS OF APPROVAL FOR HILLSIDE DEVELOPMENT PERMIT #6838 The applicant or successor in interest shall meet the following conditions:

General

1. The site plan, floor plan, elevations, and building sections submitted for building permits shall substantially conform to plans stamped “Approved at Hearing, November 18, 2021,” except as modified herein.

2. The right granted under this application must be enacted within 24 months from the effective date of approval. It shall expire and become void, unless an extension of time is approved in compliance with Zoning Code Section 17.64.040.C (Time Limits and Extensions – Extensions of Time).

3. This approval allows for a 1,401 square-foot, second-story addition and 158 square -foot lower-story addition of an existing single-story dwelling resulting in a 3,853 square-foot, two- story residence with an attached 754 square -foot garage, and 158 square -foot aggregate storage area.

4. The applicant or successor in interest shall meet the applicable code requirements of all City Departments and the Pasadena Municipal Code.

5. The final deci sion letter and conditions of approval shall be incorporated in the submitted building plans as part of the building plan check process.

6. The proposed project, Activity Number ZENT2020-10016 is subject to the Inspection Program by the City. A Final Zoning Inspection is required for your project prior to the issuance of a Certificate of Occupancy or approval of the Final Building Inspection. Contact Katherine Moran, Current Planning Section, at (626) 744 -6740 or [email protected] to schedule an inspection appointment time.

Planning Division

7. The applicant shall comply with all requirements of Zoning Code Chapters 17.22 (Residential Zoning Districts) and 17.29 (Hillside Overlay District) that relate to residential development in the Hillside Development Overlay District.

8. The applicant or successor in interest shall comply with all requirements of Municipal Code Chapter 9.36 (Noise Restrictions). Specifica lly, all construction activities shall adhere to Municipal Code Section 9.36.070 (Construction Projects) and Section 9.36.080 (Construction Equipment).

9. No demolition or grading permit shall be issued until the building permit for the residential project is ready to be issued.

10. The applicant or successor in interest shall use darker tones, including earth tones, for the exterior walls and roofs on the house that blend with the natural terrain. Color and material samples shall be reviewed and approved by the Zoning Administrator prior to the issuance of any building permits.

Board of Zoning Appeals 20 Hillside Development Permit #6838 November 18, 2021 1820 Linda Vista Avenue

11. The project shall comply with the Municipal Code Chapter 8.52 (City Trees and Tree Protection Ordinance). A tree protection and retention plan shall be submitted to the Zoning Administrator for approval prior to the issuance of any building or grading permits. Any proposal to remove a protected tree requires approval of a Tree Removal Application prior to the issuance of building permits.

12. As part of its analysis, the tree protection and retention plan shall take into account the trees on adjoining properties along the north property line, adjacent to the proposed project that might be impacted by the proposed construction. The plan shall provide mitigation measures, if necessary, and analyses potential damage to trees by mechanical injuries to roots, trunks or branches; the compaction of soil; and changes to existing grade which may expose or suffocate roots.

13. A certified arborist and the civil engineer of record shall monitor all relat ed construction activities including, but not limited to: demolition, digging, grading, excavating, or trenching, and as recommended in the supplemental reports. The monitoring of construction activities shall ensure the project implements all of recommen dations and conditions provided in the arborist and geotechnical reports in order to protect the existing trees during construction.

14. This project meets the threshold for state-mandated water-efficient landscaping. Accordingly, the final landscape plans (inclusive of planting and hardscape plans, the planting pallet, drainage plan, and irrigation system plan(s) and specifications), shall be reviewed by Planning and Community Development Department staff for conformance with the standards and requirements specified within the 2015 California Model Water Efficient Landscape Ordinance (MWELO) prior to the issuance of a building permit. No certificate of occupancy shall be issued until such plans have been deemed compliant with the MWELO and the landscaping has been installed per such approved MWELO -compliant plans to the satisfaction of the Director of Planning and Community Development or his/her designee.

15. A construction staging and traffic management plan shall be submitted to and approved by the Zoning A dministrator, Department of Public Works, and Department of Transportation prior to issuance of any permits. The plan shall include information on the removal of demolished materials as well as the on-site storage of new construction materials. A copy of the approved construction parking and staging plan shall be furnished to the Current Planning Division for inclusion into the case file on this project. The plan shall be available for review by surrounding property owners.

16. Any above-ground mechanical equipment shall be located at least five feet from all property lines and shall comply with the screening requirements of Section 17.40.150 (Screening) of the Zoning Code. Mechanical equipment shall be placed on a rooftop only if the equipment is not visible from off the site.

17. Any new construction shall meet all applicable SUSMP (Standard Urban Water Mitigation Plan) requirements as determined by the Building and Safety Division.

Board of Zoning Appeals 21 Hillside Development Permit #6838 November 18, 2021 1820 Linda Vista Avenue
Hillside District. Operation of construction trucks with lengths over 30 feet shall be prohibited before 9:00 a.m. and after 3:00 p.m., Monday through Friday and all day during weekends and holidays. On refuse collection days, the operation of construction trucks with lengths over 30 feet shall be prohibited before 10:00 a.m. and after 3:00 p.m.

19. At no time shall construction activities, including, but not limited to, construction materials, vehicles and equipment, obstruct access to vehicular driveways of adjacent properties.

Building and Safety Division

20. Governing Codes: Current Edition of the California Building, Mechanical, Electrical, Plumbing, Energy, and Green Building Standards Codes. The governing edition is based on the date in which the project is submitted to the City for review. The current edition is the 2019 series effective January 1, 2020 until December 31, 2022.

21. Grading: Grading/Drainage Plans shall be prepared by a registered engineer. Refer to Chapter 14.05 of the City’s Municipal Codes for more information.

22. Stormwater Management: Single family hillside homes shall comply with the special provisions per the State Water Board. Refer to item #12 of the attached Form PC.

23. Slope Setback: For 3:1 or steeper slopes contiguous to a site, the constructi on must be designed to comply with the slope setback requirements per the CA Residential Code.

24. Fire Zone: The project is located in a Very High Fire Hazard Severity Zone, so the new construction must conform to the requirements per Section R337 of the CA Residential Code.

25. Permit(s): Separate permits are fire sprinkler, mechanical, electrical, and plumbing, grading, pool & spa, solar (photovoltaic) system, and any site retaining walls, block walls, or fences & gates.

Fire Department

26. Fire Flow Test: Provide a Fire Flow Analysis (contact Pasadena Water Department 626-744- 4495). The minimum fire flow shall be 1,500gpm @ 20psi per CFC 2019 Table B105.1(2) requirements.

27. Automatic Fire Sprinkler: A complete automatic fire sprinkler system designed and installed in compliance with NFPA 13D is required throughout all buildings per PMC requirements.

Plans shall be submitted to the Permit Center for Fire Department’s review within 30 working days of the issuance of the Building Permit.

28. Smoke Alarms: Provide an approved hardwired smoke alarm(s), with battery backup, in each sleeping room or area(s) serving a sleeping area and at the top of stairways at each floor level. All smoke alarms are to be photoelectric or a smoke alarm that is listed a photoelectric/ionization. All smoke alarms (new & existing) locations are to be interconnected for alarm sounders. All sounders are to produce a coded temporal pattern. All smoke alarms are to be UL 217 and California State Fire Marshal (CSFM) Listed. All smoke alarms (new & existing) are to be manufactured by the same company and compatible with each other.

Smoke alarms shall not be installed within 3-feet of air registers or bathroom openings. [CBC 907]

Board of Zoning Appeals 22 Hillside Development Permit #6838 November 18, 2021 1820 Linda Vista Avenue

29. Roof and Sidings: All roofing materials shall be 1-hour fire-resistive or non-combustible.

30. Spark Arrestors: Provide an approved spark arrestor on all chimney(s).

31. Eaves and Projections: All eaves and other projections are required to be boxed with one - hour fire resistive or noncombustible material.

32. Wall Finishes: The exterior side of the wall finish is required to be of a one-hour fire resistive or noncombustible material.

33. Fascias: Fascias are required to be one-hour fire resistive material or 2" nominal dimension lumber.

34. Projections: Appendages and projections, i.e. decks, etc., are required to be a minimum of one-hour fire resistive construction, heavy timber or noncombustible material.

35. Exterior Glazing: All exterior windows, skylights etc. are required to be tempered glass and multilayered, dual or triple, glazing.

36. Exterior Doors: All exterior doors are required to be 1 3/8" solid core.

37. Attics and Elevated Foundations: Attic and foundation ventilation in vertical exterior walls and vent through roofs shall comply with CBC, 7A; CSFM Standar d 12-7A. The vents shall be covered with noncombustible corrosion resistant mesh openings a minimum of 1/8 -inch not to exceed ¼-inch openings. Attic ventilation openings shall NOT be located in soffits, in eave overhangs, between rafters at eaves or in other overhang areas. Gable end and dormer vents shall be located at least 10 feet from property lines. Under floor ventilation openings shall be located as close to grade as possible. Alternate Method of Protection is acceptable provided it complies with CSFM – SFM 12-7A-1, 7A-3 Listed Opening Protection.

38. Fuel Modification Plans: Provide a landscape plan that clearly indicates:

a. All planting adjacent to the structure(s) and on all slopes is to be a low fuel volume species. This includes trees, shrubs and ground cover.

b. A complete irrigation system for the maintenance of these plants. This plan shall be approved by the Fire & Envi ronmental Control Departments prior to or concurrent with the approval of the plans for a building permit.

c. Specify on a landscape plan the extent of clearing existing brush for the new construction and/or future landscaping. This plan shall be approved by the Fire & Environmental Control Departments prior to or concurrent with the approval of the plans for the building permit.

Public Works Department

39. A backwater trap and valve shall be installed in the proposed basement per Section 13.24.300 of Pasadena Municipal Code, if applicable: In every case where a plumbing outlet or plumbing fixture is installed or located below the elevation of the curb or property line, an approved type of backwater trap or an approved type of backwater sewer valve shall be

Board of Zoning Appeals 23 Hillside Development Permit #6838 November 18, 2021 1820 Linda Vista Avenue
installed between the outlet and the public sewer in such a manner as to prevent sewage from flowing back or backing up into any such outlet or plumbing fixture. Every such trap or valve shall be installed in the basement, or in a box or manhole of concrete, or cast iron, or other material approved by the superintendent so that it will be readily accessible at all times. The trap or valve shall be placed only in the drain line serving the fixtures that are located below the elevation of the above -mentioned curb or property line and no drainage from fixtures located above this elevation shall pass through such trap or valve.

40. A closed circuit television (CCTV) inspection of the house sewer serving the property shall be performed and a CCTV inspection video subm itted to the Department of Public Works for review. At the time of the video submittal, a non -refundable flat fee, per the current General Fee Schedule, shall be placed by the applicant to cover the staff cost of video review. The house sewer inspection shall include footage from the private cleanout to the connection at public sewer main, with no or minimum flow in the pipe during the televising. The property address, date of inspection, and a continuous read -out of the camera distance from the starting point shall be constantly displayed on the video. The applicant shall correct any defects revealed by the inspection. Defects may include, excessive tuberculation, offset joints, excessive root intrusion, pipe joints that can allow water infiltration, cr acks, and corrosion or deterioration of the pipe or joint material, damaged or cracked connection to the sewer main, or other defects as determined by the City Engineer. The method of correction of the defects shall be subject to the approval of the City Engineer, and may include partial or total replacement of the house sewer, or installation of a structural or non-structural pipe liner.

The applicant shall be responsible for all costs required to obtain the CCTV inspection of the existing sewer connection, and if required, to correct the defects.

41. The applicant shall protect all existing public facilities and maintain the right of way in good clean condition during the construction. If any damage is proven to be caused by the subject development, the app licant is responsible for replacing and/or repairing the facilities to the satisfaction of the City, prior to the issuance of Certificate of Occupancy.

42. Prior to the start of construction or the issuance of any permits, the applicant shall submit a Construction Staging and Traffic Management Plan to the Department of Public Works for review and approval. The template for the Construction Staging and Traffic Management Plan can be obtained from the Department of Public Works webpage at:
https://www.cityofpasadena.net/public-works/engineering-and-construction/engineering/ . A non-refundable flat fee, based on the current General Fee Schedule, is required fo r plan review and on-going monitoring during construction. This plan shall show the impact of the various construction stages on the public right -of-way (and the private street) including all street occupations, lane closures, detours, staging areas, and routes of construction vehicles entering and exiting the construction site. An occupancy permit shall be obtained from the department for the occupation of any traffic lane, parking lane, parkway, or any other public right-of-way. All lane closures shall be done in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and California Supplement. If the public right -of-way occupation requires a diagram that is not a part of the MUTCD or California Supplement, a separate traffic control plan must be submitted as part of the Construction Staging and Traffic Management Plan to the department for review and approval. No construction truck idling or staging, material storage, or construction trailer are allowed in the public right-of-way.

Board of Zoning Appeals 24 Hillside Development Permit #6838 November 18, 2021 1820 Linda Vista Avenue
procedure, and any of the specifics that will affect the public right -of-way. An appointment can be arranged by calling 626-744-4195.

43. In preparation for the New Year Rose Parade and Rose Bowl Game, the Department of Public Works wi ll suspend all works within the public right -of-way during the holiday season in accordance to PMC 12.24.100 and City Policy.

44. In general, all public streets, sidewalks and parkways shall be free and clear of excavations and other construction related activities during the period of November through January of the following year. Specific dates will vary on an annual basis. Accordingly, contractors will be required to shut down construction operations which would impede traffic and pedestrian movements during these periods unless otherwise authorized by the City Engineer. Any existing excavations shall be backfilled, compacted and temporarily repaved before the beginning of the moratorium period.

The Holiday Moratorium Map, showing the appropriate shutdo wn period, and corresponding areas in the City, is available at the Department of Public Works Permit Counter (window #6), 175 N. Garfield Avenue, Pasadena, CA 91109, or at the following link:
https://www.cityofpasadena.net/public-works/engineering-and-construction/engineering/ .

45. All costs associated with these conditions shall be the applicant’s responsibility. Unless otherwise noted in this memo, all costs are based on the General Fee Schedule that is in effect at the time these conditions are met. A processing fee will be charged against all deposits.

In addition to the above conditions, the requirements of the following ordinances will apply to the proposed project:

a) Sewer Facility Charge - Chapter 4.53 of the PMC
The ordinance provides for the sewer facility charge to ensure that new development within the city limits pays its estimated cost for capacity upgrades to the city sewer system, and to ensure financial solvency as the city implements the operational and maintenance practices set forth in the city's master sewer plan generated by additional demand on the system. Based on sewer deficiencies identified in the City’s Master Sewer Plan, the applicant may be subject to a Sewer Facility Charge to the City for the project’s fair share of the deficiencies. The Sewer Facility Charge is based on the Taxes, Fees and Charges Schedule and will be calculated and collected at the time of Building Permit Issuance.

b) Construction and Demolition Waste Ordinance, Chapter 8.62 of the PMC The applicant shall submit the following plan and form which can be obtained from the Permit Center’s webpage at: https://www.cityofpasadena.net/public-works/recycling- resources/construction-demolition-recycling/ and the Recycling Coordinator, (626) 744 - 7175, for approval prior to the request for a permit:

a. C & D Recycling & Waste Assessment Plan – Submit plan prior to issuance of the permit. A list of Construction and Demolition Recyclers is included on the waste management application plan form and it can also be obtained from the Recycling Coordinator.
b. Summary Report with documentation must be submitted prior to final inspection.

Board of Zoning Appeals 25 Hillside Development Permit #6838 November 18, 2021 1820 Linda Vista Avenue
A security performance deposit of three percent of the total valuation of the project or $30,000, whichever is less, is due prior to permit issuance. For Demolition Only projects, the security deposit is $1 per square foot or $30,000, whichever is less. This deposit is fully refundable upon compliance with Chapter 8.62 of the PMC. A non -refundable Administrative Review fee is also due prior to permit issuance and the amount is based upon the type of project.

If you have questions regarding the above conditions and requirements of the ordinances, please contact me at (626) 744-3762 or email [email protected].

Board of Zoning Appeals 26 Hillside Development Permit #6838 November 18, 2021 1820 Linda Vista Avenue

ATTACHMENT C

NEIGHBORHOOD COMPATIBILITY ANALYSIS
Dated August 4, 2021

NEIGHBORHOOD COMPATIBILITY ANALYSIS (8/4/21)
# PARCEL ADDRESS ZONING OVERLAY LOT SIZE

BUILDING
SIZE
1 5704-001-048 1840 LINDA VISTA AVE RS4 HD 62840 2350
2 5704-001-051 1854 LINDA VISTA AVE RS4 HD 17024 2366
3 5704-001-049 1820 LINDA VISTA AVE RS4 HD 50332 2452
4 5704-001-046 1852 LINDA VISTA AVE RS4 HD 12225 2900
5 5704-001-053 1890 LINDA VISTA AVE RS4 HD 51863 3062
6 5704-001-047 1850 LINDA VISTA AVE RS4 HD 14806 3302
7 5704-002-046 1750 LINDA VISTA AVE RS4 HD 29826 3304
8 5704-001-052 1860 LINDA VISTA AVE RS4 HD 15058 3801
9 5704-002-047 1726 LINDA VISTA AVE RS4 HD 43448 3888
10 5704-002-061 1776 LINDA VISTA AVE RS4 HD 81493 4945
11 5704-001-050 1812 LINDA VISTA AVE RS4 HD 60630 5055
12 5704-016-010 1939 DEVON RD RS2 HD 18597 1595
13 5704-016-012 1820 DEVON RD RS2 HD 15463 1664
14 5704-017-005 1777 LINDA VISTA AVE RS2 HD 33092 1835
15 5704-017-004 1780 DEVON RD RS2 HD 26270 1972
16 5704-016-005 1894 DEVON RD RS2 HD 21406 1992
17 5704-016-008 1955 DEVON RD RS2 HD 43935 2292
18 5704-017-010 1735 LINDA VISTA AVE RS2 HD 17723 2378
19 5704-016-014 1895 LINDA VISTA AVE RS2 HD 17176 2514
20 5704-016-006 1940 DEVON RD RS2 HD 11769 2648
21 5704-015-001 1820 BRAEMAR RD RS2 HD 22681 2776
22 5704-016-003 1848 DEVON RD RS2 HD 24539 2827
23 5704-016-013 1834 DEVON RD RS2 HD 16862 3078
24 5704-017-009 1717 LINDA VISTA AVE RS2 HD 41061 3187
25 5704-018-012 1801 DEVON RD RS2 HD 13322 3270
26 5704-016-007 1811 LINDA VISTA AVE RS2 HD 39949 3278
27 5704-017-006 1800 DEVON RD RS2 HD 14892 3475
28* 5704-017-900 1759 LINDA VISTA AVE RS2 HD 673 0
29* 5704-001-045 1918 LINDA VISTA AVE RS4 HD 14488 0
30* 5704-001-900 1870 LINDA VISTA AVE RS4 HD 29157 0
31* 5702-001-901 1001 ROSE BOWL DR OS 0
* = Vacant properties
MEDIAN 2827
35% OF MEDIAN 989
MEDIAN+35% 3816

ATTACHMENT D

MODIFIED NEIGHBORHOOD COMPATIBILITY ANALYSIS
Dated August 4, 2021

MODIFIED NEIGHBORHOOD COMPATIBILITY ANALYSIS: RS-4-HD PROPERTIES ONLY (8/4/21) # PARCEL ADDRESS ZONING OVERLAY LOT SIZE BUILDING SIZE
1 5704-001-048 1840 LINDA VISTA AVE RS4 HD 62840 2350
2 5704-001-051 1854 LINDA VISTA AVE RS4 HD 17024 2366
3 5704-001-049 1820 LINDA VISTA AVE RS4 HD 50,332 2452
4 5704-001-046 1852 LINDA VISTA AVE RS4 HD 12225 2900
5 5704-001-053 1890 LINDA VISTA AVE RS4 HD 51863 3062
6 5704-001-047 1850 LINDA VISTA AVE RS4 HD 14806 3302
7 5704-002-046 1750 LINDA VISTA AVE RS4 HD 29826 3304
8 5704-001-052 1860 LINDA VISTA AVE RS4 HD 15058 3801
9 5704-002-047 1726 LINDA VISTA AVE RS4 HD 43448 3888
10 5704-002-061 1776 LINDA VISTA AVE RS4 HD 81493 4945
11 5704-001-050 1812 LINDA VISTA AVE RS4 HD 60630 5055

MEDIAN 3302

35% OF
MEDIAN 1156
MEDIAN+35% 4458

ATTACHMENT E
APPEAL APPLICATION OF BOARD OF ZONING APPEALS’ DECISION Dated May 3, 2021

APPEAL APPLICATION RECEIVED
GENERAL INFORMATION: (Please print)
Appellant: Matthew Feldhaus
Date: 05/03/2HAY-3 PH 2: 46

CITY CLERK
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Mailing Address: 139 Hermosa Avenue
V.7' T I \..^-A
City: Hermosa Beach
Phone #: (day) 626-888-9411 (evening) 562-477-7609
Contact Person: Matthew Feldhaus
.State:_CA^__Zip: 90254
Fax #: N/A
Phone #: 626-888-9411
E-mail Address of Contact Person: [email protected]
Applicant (if different from appellant): N/A

APPEAL APPLICATION
ZENT2020-10016
Application # HDP #6838 Date of Decision 4/22/2021 Appeal Deadline 05/03/2021 Property Address: 1820 Linda Vista Avenue, Pasadena, CA 91103 I hereby appeal the decision of the: Board of Zoning Appeals The decision maker failed to comply with the provisions of the zoning ordinance in the following manner:

The Board of Zoning Appeals failed to follow the zoning code and state law in their findings when they denied Hillside Development Permit #6838.

If necessary, please attach additional sheets
^>^^w^-_05/03/2021
Applicant's SignatureDate of Application
Activity #
Application Fee: $
Date Received:

Appeal Hearing Date
Received by:

City Clerk • City of Pasadena • 100 North Garfield Avenue, Room S228 • Pasadena, California 91109 • 626-744-4124 • 626-744-3921 (fax) Appeal application
9/16/14
bFPAS^0<- <4•t. c?
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PLANNING & C OMM UN I'l'Y DEVELOPMENT DEPARTMENT

PLANNING DIVISION
April 28, 2021
Matthew Feldhaus
2926 Graceland Way
Glendale,CA 91206
Subject: Hillside Development Permit #6838
1820 Linda Vista Avenue
Council District #6
ZENT2020-10016
Dear Mr. Feldhaus:

Your application for a Hillside Development Permit at 1820 Linda Vista Avenue was considered by the Board of Zoning Appeals on April 22, 2021.

HILLSIDE DEVELOPMENT PERMIT: To allow the construction of a 2,208 square-foot, two- story addition to the existing 2,452 square-foot, single-story single-family residence, with an attached 366 square-foot garage, and attached 439 square-foot carport. The application includes a 1,401 square-foot addition to the same level as the existing residence and a new 807 square-foot lower-story addition. The combined additions result in a 4,660 square-foot residence with an attached 754 square-foot garage.

At the conclusion of the public hearing, and with full knowledge of the property and vicinity, a motion was made to grant the appeal and overturn the Hearing Officer's decision and disapprove the Hillside Development Permit that resulted in a 5-0 by the members present. As a result, action was taken to disapprove Hillside Development Permit #6838.

You are hereby notified that, pursuant to Pasadena Municipal Code Chapter 17.72, any person affected or aggrieved by the decision of the Board of Zoning Appeals has the right to appeal this decision. In addition, a member of the City Council may stay the decision and request that it be called for review to the City Council. An appeal or a request for a call for review of this decision shall be within ten days, the last day to file an appeal or a request for a call for review is Monday, May 3, 2021. Appeal applications must cite a reason for objecting to a decision and should be filed with the City Clerk. Without any call for review or appeal, the effective date will be Tuesday, May 4, 2021. The regular Appeal fee is $1,681.48. The Appeal fee for Non-profit Community- based Organizations is $840.74.
175 North Garfield Ave. • Pasadena, CA 91101-1704
(626) 744-4009
www.cityofpasadena.net
For further information regarding this case, please contact Katherine Moran at (626) 744-6740.

Sincerely,
L.^
-uis Rocj^ia
Zoning Administrator
Enclosure: Attachment A
c: City Manager, City Clerk, City Council, City Council District Liaison, Building Division, Public Works, Design and Historic Preservation, Department of Transportation, Hearing Officer, Code Compliance, Case File, Decision Letter File, Planning Commission (9) Board of Zoning Appeals
April 22, 2021
2Hillside Development Permit #6838
1820 Linda Vista Avenue

ATTACHMENT A
SPECIFIC FINDINGS FOR HILLSIDE DEVELOPMENT PERMIT #6838

1. The design, location, operating characteristics, and size of the proposed use would not be compatible with the existing and future land uses in the vicinity in terms of aesthetic values, character, scale, and view protection. The design of the proposed project would not be compatible with the existing and future land uses in the vicinity in terms of view protection.

The proposed project blocks a neighboring property's (1820 Linda Vista Avenue) protected view of a prominent ridgeline, on the north elevation, and does not comply with the view protection requirements of the Zoning Code.

2. No additional view impacts will occur to neighboring properties as a result of granting additional square footage. For tots larger than 20,000 square feet, the review authority may approve additional floor area above the maximum permitted by Neighborhood Compatibility after reviewing site conditions and compliance with hlillside District standards, and finding that no additional view impacts will occur to neighboring properties as a result of granting additional square footage. The design of the proposed project blocks a neighboring property's (1820 Linda Vista Avenue) protected view of a prominent ridgeline, on the north elevation, and does not comply with the view protection requirements of the Zoning Code. As such, the proposed project would result in additional view impacts to neighboring properties as a part of granting additional square footage above the Neighborhood Compatibility.

Board of Zoning Appeals
April 22, 2021
3H/7/s/c/e Development Permit #6838
1820 Linda Vista Avenue

ATTACHMENT F

BOARD OF ZONING APPEALS DECISION LETTER
Dated April 28, 2021

P L A N N I N G & C O M M U N I T Y D E V E L O P M E N T D E P A R T M E N T

PLANNING DIVISION

175 North Garfield Ave. • Pasadena, CA 91101 -1704
(626) 744 -4009
www.cityofpasadena.net

April 28, 2021

Matthew Feldhaus
2926 Graceland Way
Glendale, CA 91206

Subject: Hillside Development Permit #6838 ZENT2020-10016 1820 Linda Vista Avenue
Council District #6

Dear Mr. Feldhaus:

Your application for a Hillside Development Permit at 1820 Linda Vista Avenue was considered by the Board of Zoning Appeals on April 22, 2021.

At the conclusion of the public hearing, and with full knowledg e of the property and vicinity, a motion was made to grant the appeal and overturn the Hearing Officer’s decision and disapprove the Hillside Development Permit that resulted in a 5 -0 by the members present. As a result, action was taken to disapprove Hillside Development Permit #6838.

You are hereby notified that, pursuant to Pasadena Municipal Code Chapter 17.72, any person affected or aggrieved by the decision of the Board of Zoning Appeals has the right to appeal this decision. In addition, a member of the City Council may stay the d ecision and request that it be called for review to the City Council. An appeal or a request for a call for review of this decision shall be within ten days, the last day to file an appeal or a request for a call for review is Monday, May 3, 2021. Appeal applications must cite a reason for objecting to a decision and should be filed with the City Clerk. Without any call for review or appeal, the effective date will be Tuesday, May 4, 2021. The regular Appeal fee is $ 1,681.48. The Appeal fee for Non -profit Community- based Organizations is $840.74.

Board of Zoning Appeals 2 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue
For further information regarding this case, please contact Katherine Moran at (626) 744-6740.

Sincerely,

Luis Rocha
Zoning Administrator

Enclosure: Attachment A

c: City Manager, City Clerk, City Council, City Council District Liaison, Building Division, Public Works, Design and Historic Preservation, Department of Transportation, Hearing Officer, Code Compliance, Case File, Decision Letter File, Planning Commission (9)

Board of Zoning Appeals 3 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue

ATTACHMENT A
SPECIFIC FINDINGS FOR HILLSIDE DEVELOPMENT PERMIT #6838

The proposed project blocks a neighboring property’s (1820 Linda Vista Avenue) protected view of a prominent ridgeline, on the north elevation, and does not comply with the view protection requirements of the Zoning Code.

2. No additional view impacts will occur to neighboring properties as a result of granting additional square footage. For lots larger than 20,000 square feet, the review authority may approve additional floor area above the maximum permitted by Neighborhood Compatibility after reviewing site conditions and compliance with Hillside District standards, and finding that no additional view impacts will occur to neighboring properties as a result of granting additional square footage. The design of the proposed project blocks a neighboring property’s (1820 Linda Vista Avenue) protected view of a prominent ridgeline, on the north elevation, and does not comply with the view protection requirements of the Zoning Code. As such, the proposed project would result in additional view impacts to neighboring properties as a part of granting additional square footage above the Neighborhood Compatibility.

ATTACHMENT G

BOARD OF ZONING APPEALS STAFF REPORT
Dated April 22, 2021

PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT

STAFF REPORT

DATE: APRIL 22, 2021

TO: BOARD OF ZONING APPEALS

FROM: LUIS ROCHA, ZONING ADMINISTRATOR

SUBJECT: APPEAL OF HEARING OFFICER’S DECISION:

HILLSIDE DEVELOPMENT PERMIT #6838
1820 LINDA VISTA AVENUE
___________________________________________________________________________

RECOMMENDATION:

It is recommended that the Board of Zoning Appeals:

1. Adopt the Environ mental Determination, that the 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, §15301, Class 1, Existing Facilities) and there are no features that distinguish this project from others in the exempt class; therefore, there are no unusual circumstances. Section 15301 exempts additions to existing structures, provided the addition will not result in an increase of more than 10,000 square feet when the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan, and the area in which the project is located is not environmentally sensitive. The proposed 2,208 square-foot, two-story addition of an existing single-story dwelling does not exceed the threshold. The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and the project location is not environmentally sensitive.

2. Uphold the Hearing Officer’s decision and approve Hillside Development Permit #6838.

EXECUTIVE SUMMARY:

On January 6, 2021, the Hearing Officer considered, at its regularly noticed hearing, Hillside Development Permit #6838. The Hillside Development Permit (HDP) application was requested to allow the construction of a 2,208 square-foot, two-story addition to the existing 2,452 square-foot, single-story single-family residence, with an attached 366 square -foot garage, and attached 439 square-foot carport. The application includes a 1,401 square-foot addition to the same level as the existing residence and a new 807 square-foot lower-story addition. The combined additions result in a 4,660 square-foot residence with an attached 754 square-foot garage. The property is zoned RS-4-HD (Single -Family Residential, 0 -4 units/acre, Hillside Overlay District) , and a Hillside

Board of Zoning Appeals 2 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue
Development Permit is required for an addition exceeding 500 square feet within the Hillside Overlay District.

On January 19, 2021, Jin Ser Park, an abutting property owner of 1812 Linda Vista Avenue, filed an appeal with the Board of Zoning Appeals, of the Hearing Officer’s decision. The hearing before the Board of Zoning Appeals is a de novo hearing where the Board has no obligation to honor the prior decision and has the authority to make a different decision than the Hearing Officer.

Based on the previous analysis and the recommended Conditions of Approval, Staff recommends that the Board o f Zoning Appeals uphold the Hearing Officer’s January 6, 2021 , decision and approve Hillside Development Permit #6838, based on the findings provided in Attachment A and conditions in Attachment B.

BACKGROUND:

Existing Site Characteristics:

The subject property is located on the east side of Linda Vista Avenue , north of La Vista Place.

The property descends east down a hillside toward the Arroyo Seco. The 50,332 square -foot property is developed with an existing single-story single-family dwelling including an attached two-car garage and attached carport. The site topography is generally flat at the location of the existing improvements. The average slope across the site (areas less that 50 percent slope) is 29 percent. According to survey information, 6,232 square feet of the site slopes equal to or greater than 50 percent. The applicant provided a tree inventory, which identified 47 trees on private property (two of which are located on the property to the north), 23 of which have been identified as protected by the City’s Tree Protection Ordinance.

Adjacent Uses:

North – Single-Family Residential
South – Single-Family Residential
East – Open Space/Arroyo Seco
West – Single-Family Residential

Adjacent Zoning:

Board of Zoning Appeals 3 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue
PROJECT DESCRIPTION:

The applicant, Michael Feldhaus, has submitted a Hillside Development Permit application to allow the construction of a 2,208 square-foot, two-story addition to the existing 2,452 square-foot, single-story single-family residence, with an attached 366 square -foot garage, and an attached 439 square-foot carport. The application includes a 1,401 square-foot addition to the same level as the existing residence and a new 807 square-foot lower-story addition. The project would result in a 4,660 square-foot residence with an attached 754 square-foot garage. The property is zoned RS-4-HD (Single -Family Residential, 0 -4 units/acre, Hillside Overlay District) , a nd a Hillside Development Permit is required for an addition exceeding 500 square feet within the Hillside Overlay District. No protected trees are proposed for removal as part of the project.

PUBLIC HEARING:

The Hillside Development Permit application was presented to the Hearing Officer at a public hearing on January 6, 2021 . Staff recommended that the Hearing Officer approve Hillside Development Permit #6838, with conditions, on the basis that all required findings for the Hillside Development Permit could be made.

During the Hearing Officer hearing, the applicant provided a brief presentation of the project and spoke in favor of the project . There were three public comment s in opposition of the project received prior to or a t the Hearing Officer hearing, including two from the appellant’s attorney .

These comments have been provided to the Board of Zoning Appeals. The primary concerns raised in the public comments were about privacy impacts on abutting properties, potential impact on protected views, the proximity of the addition to the top edge of the slope , grading impacts, and incorrect application of a CEQA exemption.

In response to public comments, the Hearing Officer acknowledged the concerns and discussed them in relation to staff’s recommendation. At the conclusion of public testimony , the Hearing Officer approved Hillside Development Permit #6838, as recommended by staff. This decision was based on the findings and conditions of approval in Attachment C (Decision Letter) . To supplement the decision, the Hearing Officer provided an addendum with explanation for approval of the application (Attachment E).

ANALYSIS:

The subject property is located in the RS-4-HD (Single-Family Residential, 0-4 dwelling units per acre, Hillside Overlay District) zoning district. Properties located within the Hillside Overlay are required to comply with additional standards beyond those applicable to the base single -family residential zoning district (RS -4). These additional standards are intended, in part, to preserve and protect views to and from hillside areas, maintain an environmental equilibrium by preserving and protecting existing natural resources , prohibit features that would create or increase fire, flood, landslide or other safety hazards to public health and safety, and preserve significant natural topographic features.

The Hearing Officer may approve a Hillside Development Permit only after making eight findings pursuant to Zoning Code Section 17.61.050 (Conditional Use Permits and Master Plans) and

17.29.080 (Hillside Development Permit). Findings are necessary for the purpose of evaluating compliance with the Zoning Code and General Plan, whether th e use would be detrimental or injurious to the neighborhood, and compatibility of the operation with existing and future uses.

Board of Zoning Appeals 4 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue
The following analysis discusses the project’s compliance with development standards of the Hillside Overlay District, as applicable to additions to existing single-family residences.

RS-4 and Hillside Overlay District Development Standards

Properties located within the Hillside Overlay District are required to comply with all of the required development standards of the RS -4 zoning district, except as superseded by additional development standards listed in Zoning Code Sections 17.29.050 through Section 17.29.070 (Hillside Overlay District).

In addition to the following discussion, an outline of development standards is prov ided in Table A ( Page 10) to show compliance with all of the applicable zoning and Hillside Overlay development standards.

Gross Floor Area

Calculating the maximum allowed floor area in the Hillside Overlay District is a multi-step process.

Gross floor area includes all covered parking (garage and carport areas), habitable attic space, accessory structures and basements with any exposed wall (or portion thereof) six feet or more above finished grade, measured from finished grade elevation to the floor above. The maximum allowable gross floor area for properties located in the RS -4-HD zoning district with a property size more than 10,000 square feet is 25 percent of the lot size plus 500 square feet. For lots 10,000 square feet or more in the Hillside Overlay District, any portion with a slope equal to or greater than 50 percent, or any access easement on the lot, must be deducted from the lot area when calculating the maximum allowable gross floor area.

Pursuant to Zoning Code Section 17.29.060.A.4 (Maximum floor area), the maximum allowed gross floor area for a lot with an average slope exceeding 15 percent shall be further reduced.

Based on the slope analysis provided by the applicant, the lot area measures 50,332 square feet.

Of this, 6,232 square feet slopes equal to or greater than 50 percent. There are no access easements on the lot. Furthermore, using the contour information ta ken from a topographic survey of the site, the applicant calculated an average slope of approximately 29 percent. Based on the calculation applicable to the RS -4-HD zoning district, the maximum allowed floor area is 10,714 square feet.

The project proposes a 4,660 square -foot residence with an attached 754 square -foot garage resulting in a total gross floor area of 5,414 square feet, therefore in compliance with the maximum allowable floor area.

Lot Coverage

The maximum allowed lot cov erage for a property in the Hillside District Overlay is equal to 35 percent of the lot area. Lot coverage is t he percentage of the site covered by roofs, soffits or overhangs extending more than three feet from a wall, and decks more than four feet in hei ght; this measurement includes all covered structures, whether or not they are fully enclosed. This standard generally evaluates the percentage of land area covered by development.

Board of Zoning Appeals 5 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue

In this case, 35 percent of the 50,332 square -foot lot is 17,616 square feet. The proposed lot coverage is approximately 15 percent, or 7,434 square feet, which complies. This calculation includes the building footprint, the proposed deck extension, and covered patio.

Setbacks

The required interior side setback is equal to 10 percent of the lot width, with a minimum requirement of five feet and a maximum requirement of ten feet. The lot width measures across the lot at the required front setback line, in this case, 25 feet from the front property line. According to the plans submitted, the lot width is 94’ -9” feet, resulting in a minimum side set back of 9’-5”.

The proposed setback for the addition on the south is 10’ -9” from the side property line, which complies with the minimum side setback requirement. The proposed setback for the addition and exterior staircase at the north side is 9’ -9”. As s uch, the proposed setbacks comply with the minimum side setback requirement.

The minimum required rear setback is 25 feet. The setback measured from the proposed addition to the rear property line is 253’ -2” feet, which complies with the minimum rear se tback requirement.

Encroachment Plane

Height

The project proposes a building height of 17’ -2” measured from the adjacent elevation of the existing grade, and an overall height of 32’ -3”, measured from the lowest grade to the highest ridge. The structure does not exceed a height of 28 feet at any point on the site and is within the total height limitation of 35 feet. Therefore, the proposed residence complies with both standards for building height.

Board of Zoning Appeals 6 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue
Parking

Single-family dwellings are required to provide two covered parking spaces in the Hillside Development Overlay. Additionally, properties within the Hillside Overlay District are required to provide a minimum of four guest parking spaces on a site fronting a street where parking is prohibited on both sides of the street at the site, or a minimum of two guest parking spaces on a site fronting a street where on-street parking is allowed. Guest parking spaces may be located in the driveway, in side-by-side and/or tandem configurations.

The proposal includes converting the existing carport attached to the front of the residence into a two-car garage. The interior dimension of the garage would measure 24’ wide by 29’ deep, exceeding the minimum requirement of 19’ wide by 18’ deep. The new garage will continue to be accessible from Linda Vista Avenue via the existing driveway. The portion of Linda Vista Avenue fronting the property allows street parking, therefore two guest parking spaces are required for the project. The existing driveway will continue to provide the required two guest parking spaces.

Therefore, the project complies with the parking requirement.

Neighborhood Compatibility

Within a 500 -foot radius, there are 31 parcels within the City of Pasadena jurisdiction. Four of these are vacant. Of the remaining 27 developed parcels, the median floor area is 2,827 square feet. Thirty-five percent above the median is 3,816 square feet. The proposal includes a dwelling with 4,660 square feet of floor area (excluding the garage) and exceeds the Neighborhood Compatibility threshold by 844 square feet.

However, pursuant to Section 17.29.080 (Neighborhood Compatibility findings to grant additional floor area) for lots larger than 20,000 square feet, the review authority may approve additional floor area above the maximum permitted by Neighborhood Compatibility after reviewing site conditions and compliance with Hillside District standards. On a case-by-case basis, staff and the decision making bodies may use the following guidelines for exceeding Neighborhood Compatibility floor area. Specifically, the maximum allowable house size as calculated by the Neighborhood Compatibility guideline may be approved to be exceeded if the addition complies with all of the following criteria:

a. No additional view impacts will occur to neighboring properties as a result of granting additional square footage; and

b. The massing, scale, and building articulation of the proposed dwelling or other structure is compatible with the neighborhood as viewed from public or private streets.

As noted above, staff is not required to recommend approval of the excess floor area if the criteria are met, but may do so on a case-by-case basis. In this case, the project complies with the criteria listed above.

Board of Zoning Appeals 7 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue

Staff analyzed the floor area ratio (FAR) of the project and properties within the standard 500-foot radius. Using the Assessor’s d ata, the FAR of the project is 9.3 percent, which is below the average FAR of the properties within the standard neighborhood (12.3 percent). It is to be noted, that the project is in compliance with the View Protection provision (17.29.060.E) and Ridgeline Protection provision (17.29.050.C) of the Hillside District Ordinance, since this site is not located within and will not disturb any prominent ridgelines. The proposed project has been designed to avoid blocking culturally significant structures, downslope views of the valley floor, promin ent ridgelines, and/or the horizon line from neighboring properties.

As such, staff is of the opinion that the maximum allowable house size as calculated by the Neighborhood Compatibility guidelines may be approved to be exceeded in this particular case.

Based on the analyses, staff finds that the project is in scale with the context and character of the development in the neighborhood and in is in conformance with the development standards for projects in the Hillside Overlay District; as a result, t he project complies with the Neighborhood Compatibility requirement.

Architecture and Setting
The existing dwellings in the neighborhood consist of varying styles that include mid -century modern, postmodern, Mediterranean, ranch, craftsman, colonial, cape cod , Tuscan, contemporary, traditional, and ranch architecture. In addition to the range of architectural styles, there is also a variety in massing throughout the neighborhood such as single -story, two-story, and three-story homes and a mix of u-shaped, l-shaped, and rectangular building footprints. Roof pitches and façade materials are also mixed throughout the neighborhood. Existing architectural elements do not appear to reflect one strict style, form, massing, or material palette. The existing residence was constructed in 1948 with an addition in 1965. The current dwelling includes a mix of ranch and traditional architectural elements, many of which have been modified from the original construction over time. In 1965 a courtyard and carport w ere added to t he front of the property and significantly modified the front façade and architectural design.

The applicant has designed the proposed renovation and addition with style, forms, massing, and materials that would complement the original architecture. The project intends to incorporate elements of contemporary and mid -century modern design with flat r oofs, large glass openings for natural daylight and ventilation, stucco and wood finishes, clerestory windows at the north and south facades, and simple trim and detailing. Similar architectural characteristics are featured in homes within the vicinity as shown in the neighborhood architectural analysis exhibits.

The proposed property's scale and massing is within the scale and setting of the surrounding neighborhood. From the street, the project will appear to be only a single -story residence, with the lower-floor addition terracing down the slope of the rear yard, unable to be seen from the public street.

The project would add a new 807 square-foot lower floor at the north side of the property beneath the master bedroom and second -story deck expansion. The lower level would feature a game room, lounge, changing room, laundry room, bathroom , and pool equipment. The lower level Board of Zoning Appeals 8 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue
addition would be both accessible internally from the main level and externally from the second story deck.

The existing second-story deck would be expanded and include a new patio cover, infinity pool, and spa (accessible from each bedroom and living area at the east elevation) at the eastern side of the dwelling. The additions are extensions of the existing living area, deck area, and filling in the space below the deck with additional floor area. The lower level ad dition terraces down the slope of the property and captures space that would otherwise be an empty volume under the proposed pool deck. Both the upper floor and lower floor additions are placed to the rear of the property and are set in such an area and designed in a manner that visibility from off the property would be limited and that any protected view corridors are maintained for adjacent properties.

The additions are setback more than 100 feet from the top edge of the Arroyo Seco Slope Bank, and more than 250 feet from the rear property line, thereby preserving the privacy of surrounding lots to the north, south, and east. Areas of addition are set in such an area and designed in a manner that visibility from off the property would be limited. The des ign along with the existing topography and landscaping help diminish the appearance of the proposed improvements. The exterior materials would include flat roofs, large glass openings for natural daylight and ventilation, stucco and wood finishes, cleresto ry windows at the north and south facades, and simple trim and detailing painted and finished with darker colors. Therefore, it is the staff position that the proposed size, design, materials, and color palette are consistent with the applicable design criteria (architectural features) of the Hillside Development Overlay and with properties in the neighborhood.

View Protection, Story Poles, Notice of Application Requirements

The Zoning Code requires applicants to design and locate improvements so that they avoid blocking views from surrounding properties. Specifically, new structures shall not be centered directly in the view of any room of a primary structure on a neighboring parcel. Views shall be considered from windows of any room in the primary structure. The standard specifies that improvements are to avoid blocking culturally significant structures such as the Rose Bowl, Colorado Street Bridge, City Hall, downslope views of the valley floor, prominent ridgelines, and/or the horizon line. Views of the open sky, existing foliage, private yards, and existing structures on surrounding properties shall not be taken into consideration by the review authority.

In this case, the applicant has proposed the addition in an area that would not reasonably affect views protected by the Zoning Code. The abutting properties to the north are south are single - family residences located at 1840 Linda Vista Avenue and 1812 Linda Vista Avenue. 1812 Linda Vista Avenue is the property adjacent to the south with a two -story single -family residence generally in a string -line with the project site’s existing single -story dwelling. Therefore, views from within the interior of the adjacent two-story structure at1812 Linda Vista Avenue are limited to portions of the neighboring project site’s existing roof’s ridgeline and the sky above. Since the proposed project will continue to maintain the general height of the existing residence, these existing view conditions would not be impacted. Moreover, the majority of addition is predominantly sited at the northern side of the property, directly south of the adjacent property at 1840 Linda Vista Avenue, which would not impact any protected views from the a djacent property’s single-family residence. Therefore, none would be centered directly in any protected view.

The addition of the lower story will be located directly under the main story’s footprint, within the space below the second -story deck and will therefore not impact any potential views from the Board of Zoning Appeals 9 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue
north, south or east. The property to the east of the project site is zoned open space and includes the Arroyo Seco and Brookside Golf Course. The proposed improvements are more than 250 feet away from the rear property line.

In December 2020, a temporary silhouette (story poles) was installed on the subject property.

Staff followed with a visual inspection, photographing the project site in relation to abutting properties. A notice of application providing a minimum 14 day notification period was also mailed in accordance with the requirements of the Zoning Code. Based on the site visit, it is the staff’s position that the proposed improvements would not reasonably impact any protected views from adjacent properties. Although portions of the silhouette are visible from various vantage points, there is no protected view obstruction. In addition, portions that are visible, are not reasonably centered directly in the view of the abutting properties, consisten t with the intent of the Zoning Code. Therefore, staff has determined the project minimizes view impacts and is consistent with the view protection standards of the Zoning Code.

Ridgeline Protection

The proposed addition complies with the ridgeline prot ection standards of the Zoning Code.

There are no ridgelines near to the subject property. Therefore, no part of the proposal would appear silhouetted against the sky above a ridge when viewed from a public street or park.

Arroyo Seco Slope Bank

Section 17.29.050.D of the City’s Zoning Code states that no structure shall extend over or below the top edge of the Arroyo Seco slope bank on a lot identified on the Arroyo Seco Slope Bank Map, dated May 11, 2004. The subject property is located within the boun dary identified on the Map. The Zoning Code defines the "top edge" of the Arroyo a s the highest existing grade elevation at the point where the natural gradient inclines downward at a slope greater than 50 percent in the mapped area. On a site with multipl e slope banks, the "top edge" shall be considered the point farthest from the floor of the Arroyo Seco.

The applicant provided a topographic map identifying the "top edge" of the Arroyo Seco at an elevation of approximately 977 feet. This top edge is identified as approximately 120 feet west of the rear property line and t he proposed project is setback another 110’-2” from it. Therefore the project complies with the Arroyo Seco Slope Bank requirements.

Preliminary Geotechnical Report

Irvine Geotechnical, Inc. conducted a geotechnical investigation of the site and prepared a report.

The report includes a description of site conditions, results of field exploration, and laborato ry testing. The geotechnical investigation is required for projects subject to a Hillside Development Permit. The purpose of the report is to evaluate the subsurface conditions that may affect site stability or structural integrity. Irvine Geotechnical, Inc. explored the subsurface conditions around the location of the proposed addition by excavating seven test pits to a depth of seven feet below the surface. Based on the investigation, Irvine Geotechnical, Inc. concluded that the grading and proposed structure will be safe against hazard from landslide, settlement, or slippage and the proposed constru ction will have no adverse effect on the geologic stability of the adjacent properties provided recommendations are followed.

A summary of development standards is provided in Table A below to show compliance with all of the applicable zoning and Hillside Overlay development standards.

Board of Zoning Appeals 10 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue
Table A: RS-4 and Hillside Overlay Development Standards

The proposed addition to the existing residence would not be injurious to adjacent properties or uses, or would the development be detrimental to environmental quality, quality of life, or health, safety, and welfare of the public. Furthermore, the proposed addition is consistent with the objectives and policies of the Hillside Overlay District and the Design Principles of the General Plan. These design standards are specific to development of residential properties located within the Hillside Overlay District, which include architectural fea tures, exterior wall features, privacy, support structures, and colors and materials. The proposed project has incorporated the building design standards with the use of earth tone colors, location of structures to reduce impacts to protected views, and variation of architectural elements that are consistent with surrounding uses, and most importantly the protection of the existing trees.

Development
Feature Required Proposed Analysis
RS-4 – Single Family Residential and Hillside Overlay Development Standards Setbacks
Front (West):

Garage
Residence

25 feet

52’-2”
59’-9”
Complies
Interior Side
(North & South)

10 feet
or
(10% of lot width, minimum of 5
feet – maximum of 10 feet)

6’-10” (North - Existing)
10’-9” (South)
Nonconforming
Complies
Rear (East) 25 feet 253’-2” Complies
Maximum
Site Coverage
17,616 square feet
or
35 percent
7,434 square feet
or
15 percent

Complies
Floor Area Ratio 10,714 square feet 5,414 square feet Complies Minimum Parking 2 covered spaces 2 car garage Complies
Maximum Allowable
Height-
Primary Structure
28 feet at any point from
existing grade; and
35 feet from lowest point where
the building touches finished
grade to highest point of the
building
32’-3” Complies
Guest Parking 2 on-site guest spaces 2 guest spaces Complies Neighborhood
Compatibility within a
500-foot radius
Median –
2,827 square feet
Median + 35 percent –
3,816 square feet
Average-12.3 percent
4,660 square feet

9.3 percent Complies
Board of Zoning Appeals 11 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue
APPEAL:

On January 19, 2021, Jin Ser Park, the abutting property owner of 1812 Linda Vista Avenue to the south, filed an appeal (Attachment D) application to the Board of Zoning Appeals citing a disagreement with the decision of the decision of the Hearing Officer. The appellant cites the following reasons for the appeal:

1. Out of Scale Development

2. Failure to Consider View Rights

3. Unusual Circumstances

4. Cumulative Impacts

5. Threat to Historic/Natural Resource

A response to each of the appellant’s concerns is provided in the section below.

Responses to the Appeal:

1. Out of scale development.

In the appeal application, the appellant states that the project would result in a home completely out of scale with the developments in the vicinity and that its size and design directly impacts views from the surrounding properties, counter to the objectives of the Hillside District, the General Plan, and the requirements of this permit. The applicant states that the following inconsistencies occurred in the staff report:

a) No lot that is 51,000 square feet or less has a building more than 3,270 square feet;

This statement made by the app ellant does not relate to how staff analyzes neighborhood character as a part of the required neighborhood compatibility analysis. As stated in the staff report, projects subject to a Hillside Development Permit are to consider the character and scale of existing development in the neighborhood of the lots located within a 500-foot radius of the site. The Zoning Code specifies that th e allowable floor area of a proposed dwelling (excluding garages, accessory structures, basements, etc.) may not exceed the median floor area of existing dwellings within the 500-foot radius by more than 35 percent. The analysis of the median home size allows for a broad range of lot sizes and home sizes. Furthermore, pursuant to Section 17.29.080 (Neighborhood Compatibility findings to grant additional floor area) for lots larger than 20,000 square feet, the review authority may approve additional floor area above the maximum permitted by Neighborhood Compatibility after reviewing site conditions an d compliance with Hillside District standards . Staff was able to make the findings that the proposed project is in compliance with the neighborhood compatibility analysis.

b) Excluding vacant lots (leaving 28 lots), the average building size is 2,765.5 square feet.

The Zoning Code specifies that the allowable floor area of a proposed dwelling ( excluding garages, accessory structures, basements, etc.) may not exceed the median floor area of existing dwellings within the 500-foot radius by more than 35 percent, unless additional floor area is approved per Section 17.29.080. According to staff’s analysis, the most recent Los Angeles County Assessor’s data determined that within a 500-foot radius, there are 31 parcels within the City of Pasadena jurisdiction. Four of these are vacant. Of the remaining 27 Board of Zoning Appeals 12 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue
developed parcels, the median floor area is 2,827 square feet. Therefore, the appellant’s statement does not relate to neighborhood compatibility since staff analyzes the median building size; average building size is not a part of the analysis.

c) The Median building size is 2,827 square feet, which is over 1,800 square feet smaller than the proposed residence.

The staff report analyzes how staff was able to make the findings to recommend approval of the additional floor area above the maximum allowable house size as calculated by the Neighborhood Compatibility guidelines . Based on the analysis, it may be approved to be exceeded in this particular case. Based on the analyses, staff finds that the project is in scale with the context and character of the d evelopment in the neighborhood and in is in conformance with the development standards for projects in the Hillside Overlay District; as a result, the project complies with the Neighborhood Compatibility requirement.

The appellant claims that the vast maj ority of the lot is unbuildable and that the FAR is an inappropriate measure to determine the neighborhood compatibility. The Zoning Code requires that all sloped areas over 50 percent be removed from the maximum FAR calculation.

This calculation was addressed in the Maximum FAR section of the staff report. After utilizing the slope reduction formulas, the project complies with the maximum FAR allowances for the property.

In the appeal application, the appellant states that the Hearing Officer erred in det ermining that the project is consistent with the General Plan. However, no substantial evidence was provided in support of this claim. In the ‘General Plan Consistency’ section below, and in staff’s recommendation report and presentation to the Hearing Off icer, an analysis of the project’s consistency with Land Use Element goals and policies was provided and it was determined that the project is consistent with the City’s General Plan.

The subject site is designated as Low Density Residential in the Gener al Plan Land Use Element. General Plan Land Use Policy 21.5 (Housing Character and Design) encourages the renovation of existing housing stock in single - and multi-family neighborhoods. When additions or replacement housing is proposed, these should reflect the unique neighborhood character and qualities, including lot sizes; building form, scale, massing, and relationship to street frontages, architectural design and landscaped setbacks. The proposed project would be a two -story addition to the rear of an existing single-story single-family residence. The residence is setback far from the street and is contextually appropriate with the character of the neighborhood, particularly in regards to building form, massing, and architectural design.

The use of th e site would remain a single -family residence; therefore, the character of the single-family neighborhood would be maintained.

General Plan Land Use Policy 21.9 (Hillside Housing) requires residences to maintain appropriate scale, massing and access to residential structures located in hillside areas. The proposed two -story addition to the existing single -story residence complies with all the development standards set forth in the City’s Zoning Code. The proposed living area of 4,660 square feet contributes to a floor area ratio for the property that is compatible with the average floor area ratio of properties containing single -family residences within the immediate neighborhood. The residence proposes a blend of modern and ranch architectural styles utilizing earth tone colors and materials, an architectural style and color scheme that is compatible with the architectural guidel ines of the City’s Hillside Development Ordinance.

Additionally, the scale and massing of the proposed two -story addition is consistent with the Board of Zoning Appeals 13 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue
scale and setting of the surrounding residences. Vehicle access to the site will continue to occur from Linda Vista Avenue via the existing driveway approach.

General Plan Land Use Policy 6.4 – (View Sheds) requires residences to recognize and protect significant views of the San Gabriel Mountains, the Arroyo Seco, open spaces along with views of significant structures such as the City Hall cupola, Central Library, and the Civic Auditorium.” The proposed project is designed to minimize massing by adding additional square footage both at the existing main level of the single-story residence and a lower story below the main level’s addition. The design of the addition will keep the appearance of residence as one story at the street level and limit potential impacts to views of these significant structures from surrounding properties.

Therefore, staff finds that th e project would be consistent with General Plan objectives and policies.

In the appeal application, the appellant claims that the purposes and provisions of the Hillside Ordinance were incorrectly interpreted and applied in relation to the proposed project’s scale, character, compatible architecture and preservation of privacy and impact on their subject property. However, the appellant’s claim is unsubstantiated, as there are no facts nor evidence in the record to support the claim. In addition, as discussed in the staff recommendation report and presentation to the Hearing Officer, and in the analysis section below, the purposes and provisions of the Hillside Ordinance were carefully analyzed and were applied in a comprehensive manner.

In addition, in response to concerns brought up by the general public prior to the Hearing Officer Public Hearing, in staff’s presentation to the Hearing Officer, staff discussed the purpose and application of the Hillside Overlay and which projects require discretionary review under a Hillside Development Permit.

As a result, the purposes and intent of the City’s Hillside Overlay were correctly applied.

In the Hearing Officer’s Addendum (Attachment E), the Hearing Officer provides the following responses to this assertion:

“The appellant’s home is immediately adjacent to, and directly southerly of, the subject property. The existing home owned by the appellant (1812 Linda Vista Boulevard) is 5,055 square feet. The proposed home, after expansion, on the subject property at 1820 Linda Vista Avenue, will be 4,660 square feet. There is no merit to the argument that a smaller home being proposed on an immediately adjacent lot is “out of scale.”

2. Failure to consider view rights.

In the appeal application, the appellant states that the City gave insufficient consideration to the impacts on views and privacy of the Appellant’s property and other surrounding properties, in violation of the Municipal Code and the policies and directiv es of the General Plan. The appellant states that he himself will have direct, scenic views from his living room and other portions of his property compromised.

As stated in the staff report, the Zoning Code requires applicants to design and locate improvements so that they avoid blocking views from neighboring properties to the maximum extent feasible. Specifically, new improvements shall not be centered directly in the view of Board of Zoning Appeals 14 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue
any room of a primary structure on a neighboring parcel. The standard specifi es that improvements are to avoid blocking culturally significant structures such as the Rose Bowl, Colorado Street Bridge, City Hall, downslope views of the valley floor, prominent ridgelines, and/or the horizon line. Views of the open sky, existing folia ge, private yards, and existing structures on surrounding properties shall not be taken into consideration by the review authority.

The proposed project primarily consists of an addition extending out from the rear of the existing single -story residence at the same elevation as the existing residence. The surrounding properties are at approximately the same elevation as the subject property as there is little topography change in the nearby vicinity. The proposed location of the addition would not block views from neighboring properties that the City would otherwise protect.

The abutting properties to the north are south are single -family residences located at 1840 Linda Vista Avenue and the appellant’s property at 1812 Linda Vista Avenue. 1812 Linda Vista Avenue is the property adjacent to the south with a two -story single-family residence generally in a string-line with the project site’s existing single-story dwelling. Therefore, views from within the interior of the adjacent two -story structure at 1812 Linda Vista Avenue are limited to portions of the neighboring project site’s existing roof’s ridgeline and the sky above.

The proposed addition’s height is not proposed to exceed the existing top of ridge height.

Therefore, the proposed project will continue to maintain the general height of the existing residence, these existing view conditions , such as any protected views from the appellant’s residence of prominent ridgelines of the San Gabriel Mountains (northeast) would not be impacted. The Rose B owl, Colorado Street Bridge, and City Hall are located south of the property located at 1812 Linda Vista . Therefore, any potenti al views of these protected structures would not be impacted by the project site ’s proposed addition to the north .

Furthermore, the appellant’s view of the valley floor (east) would also not be affected by the proposed project. Moreover, the majority of addition is predominantly sited at the northern side of the property, directly south of the adjacent property at 1840 Linda Vista Avenue, which would not impact any protected views from the adjacent property’s single -family residence.

Therefore, no portion of the project would be centered directly in any protected view. Any views across the subject site would reasonably be limited to existing foliage, the private yard, the existing structure, and the open sky. The City does not protect these views. As mentioned before, views of the open sky, existing foliage, private yards, and existing structures on surrounding properties shall not be taken into consideration by the review authority.

The project was feasibly designed to be the least impactful to the surrounding residences. As proposed, the addition of the lower story will be located directly under the main story’s footprint, within the space below the second -story deck and will therefore not impact any potential views from the north, south or east. The property to the east of the project site is zoned open space and includes the Arroyo Seco and Brookside Golf Course. The proposed improvements are more than 250 feet away from the rear property line.

The Zoning Code protects against impacting protected views from the surrounding properties.

The appellant states that the Hearing Officer and staff report fail to consider the “feasibility of modifying the massing of the proposed structure such that views from the surrounding properties (such as the Appellant’s) would not be impacted”. The appe llant states that the “proposed addition will have direct views into the appellant’s living room, backyard, and the pagoda, which also serves to reduce p rivacy and thus quality of life ”. The Zoning Code only protects views that meet certain criteria. Only protected views from neighboring parcels shall be considered, if the proposed structure or addition is centered directly in front of said Board of Zoning Appeals 15 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue
protected view. Thus, views from the exterior portion of a neighboring structure, su ch as a yard, pagoda, deck, etc. shall not be considered. Therefore, the proposed addition would not impede protected views from any of the adjacent properties nor be centered directly in the view of any room of a primary structure on a neighboring parcel.

In the Hearing Officer’s Addendum (Attachment E), the Hearing Officer provides the following responses to this assertion:

“The staff report provided a comprehensive analysis of the potential viewshed impacts, including: compliance with encroachment plane provision in the code (Page 5, first paragraph); compliance with the View Protection provision of the Hillside District Ordinance (Page 6, third full paragraph); compliance with the Ridgeline Protect ion provision of the Hillside District Ordinance (Page 6, third full paragraph); a discussion of the scale and massing of the additions to the existing home; (Page 7, second full paragraph); a thorough discussion of viewshed impacts upon neighboring proper ties, including the appellant’s property (Page 8, first two full paragraphs).”

3. Unusual Circumstances.

In the appeal application, the appellant states that the project has unusual circumstances that would require the preparation of an EIR including the following:

a) The property is located directly adjacent to a large liquefaction zone, which includes a historic watershed, the Arroyo Seco.
b) The property to the north of the subject property, 1840 Linda Vista Avenue, it itself, directly within a liquefaction zone, according to the California Earthquake Hazards Map maintained by the California State Department of Conservation. c) The project seeks to nearly double the footprint of the existing structures ~ this is a 90% expansion to the home itself, from a property that has been in place since 1948. This effect on the hillside, which likely has had substantial soil movement in the past 72 years is something that must be reviewed
d) Portions of the property contain a steep slope (over 50%), and the average slope for the remaining portions of the parcel is 29%.
e) The subject property is located in a high fire severity zone. f) The subject property is located next to other propert ies at the top of the hillside which all sit next to the largest liquefaction zone in the City.
g) The subject property itself sits within a landslide zone, according to the California Earthquake Hazards Map maintained by the California State Department of Conservation h) The adjacent golf course with the watershed could be damaged in the event the soil on the subject property shifts, due to earthquakes, landslides, or other soil movement and this could affect the watershed, a natural resource.

This project has been determined to be 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, §15301, Class 1, Existing Facilities) and there are no features that distinguish this project from others in the exempt class; therefore, there are no unusual circumstances. Section 15301 exempts additions to existing structures, provided the addition will not result in an increase of more than 10,000 square feet when the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan, and the area in which the project is located is not environmentally sensitive. The proposed 1,40 1 square-foot addition to the second -story Board of Zoning Appeals 16 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue
and an 807 square -foot addition to the first story of an existing single -story dwelling with attached two-car garage does not exceed the threshold. The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and the project location is not environmentally sensitive. Therefore, the proposal is exempt from environmental review.

The project involves a 1,401 square-foot addition to the second-story and an 807 square-foot addition to the first story of an existing single -story dwelling , and involves a negligible expansion of the existing single-family residential use. The project does not include features that would preclude the proje ct from qualifying for a categorical exemption under CEQA. As stated by staff during the Hearing Officer meeting, the full scope of the work done at the subject property was considered and was determined to meet the standards and exceptions to the Class 1 Categorical Exemption. In addition, it was determined that the modification to the existing residence would meet the standards and exceptions to the Class 1 Categorical Exemption.

The applicant provided a preliminary geotechnical report conducted by Irvine Geotechnical.

The report includes a description of site conditions, results of field exploration, and laboratory testing. The purpose of the report is to evaluate the subsurface conditions that may affect site stability or structural integrity. Irvine Geotechnical, Inc. explored the subsurface conditions around the location of the proposed addition by excavating seven test pits to a depth of seven feet below the surface. Based on the investigation, Irvine Geotechnical, Inc. concluded that the grading and proposed structure will be safe against hazard from landslide, settlement, or slippage and the p roposed construction will have no adverse effect on the geologic stability of the adjacent properties provided recommendations are followed . 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 Public Works Department, Building and Safety Division, and Pasadena Fire Department.

In the Hearing Officer’s Addendum (Attachment E), the Hearing Officer provides the following responses to this assertion:

“Two of the “unusual circumstances” cited by the applicant—one, the steepness of the lot; and two, that the subject property is adjacent to Open Space in a large liquefaction zone, which includes a historic watershed—apply to many of the properties on the East side of Linda Vista Avenue, including both the subject property (1820 Linda Vista Avenue) and the appellant’s property (1812 Linda Vista Avenue).

The appeal identifies a liquefaction zone to the north of the subject property as an “unusual circumstance.” This liquefaction zone is adjacent to the subject property, as well as several other properties to the north of the subject property, as shown in the photograph provided (Page 9 of the appeal). The appeal provides no evidence to document how the existence of the liquefaction zone is, in any way, unique or unusual.

The appeal suggests that the house currently on the property has existed since 1948 in its present form is an “unusual circumstance,” but provides no documentation to support the claim.

The appellant identifies eight (8) “unusual circumstances” (subsections “a” through “h” on Pages 6 -7 of the Appeal) which exist, to varying degrees, for many of the existing Board of Zoning Appeals 17 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue
properties/homes on the east side of Linda Vista Avenue. None of the unusual circumstances is unusual, unique, or specific to the subject property at 1820 Linda Vista Avenue. Most, if not all of these “unusual circumstances” apply, as well, to the appellant’s existing home at 1812 Linda Vista Avenue.”

4. Cumulative impacts on the hillside.

In the appeal application, the appellant states that the cumulative impacts of the hillside properties built out adjacent to the Arroyo Seco Boundary and the liquefaction zone require the preparation of an EIR. Residential additions are common within the Hillside Overlay District and staff finds no evidence of unusual circumstances for this particular property. The provided preliminary geotechnical report did not find any significant concerns regarding this project and includes recommendations for continued slope stability. As listed in the Conditions of Approval (Attachment B) the Building and Safety Division, Fire Department, and Public Works Department provided conditions of approval and will requires a compliance through the building permit plan check review.

In the Hearing Officer’s Addendum (Attachment E), the Hearing Officer provides the following responses to this assertion:

“The appeal claims that “developing properties on the east side of Linda Vista Avenue” will create “soil displacement” and “put stress on the hillside and the surrounding liquefaction zones’’ as a cumulative impact. While the merits of the claim are questionable, it is indisputable that several homes have been safely built, and safely expanded, on the east side of Linda Vista Avenue, going back several decades. Further, the City enforces several municipal codes that ensure the safety of new development; a s verified through the City’s grading permit, demolition permit, and building permit plan -check review process; and through a series of on -site inspections by city staff during site grading, demolition, and construction.”

5. Threat to historic/natural resource.

The applicant claims that the project may cause a substantial adverse change to a historic resource and thus requires preparation of an EIR. T he staff of the Design & Historic Preservation Section of the Planning Division reviewed the information su bmitted with the application, including photographs of the building, and researching information about the building, its builder and its former occupants, staff has determined that the property was substantially altered with the addition of enclosed floor area, an open courtyard and a carport to the front of the house in 1965. Staff determined that the house does not retain the character- defining features of any of the architectural styles identified in the Cultural Resources of the Recent Past Historic Con text Report and, therefore, is not eligible for historical designation (Attachment F).

Therefore, the project qualifies for the specified CEQA categorical exemptions and does not meet the eligibility requirements for the exception clause as the project wo uld not cause a substantial adverse change in the significance of a historic resource.

In the Hearing Officer’s Addendum (Attachment E), the Hearing Officer provides the following responses to this assertion:

Board of Zoning Appeals 18 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue
“The decision letter for Hillside Development Permit #6838 includes forty -five (45) conditions of approval. There are several conditions which address the safety concerns raised by the appellant, including, but not limited to:

 Condition 4 (Page 15) requires compliance with the “applicable code requirements of all City Departments and the Pasadena Municipal Code.”

 Condition 9 (Page 15) prevents the issuance of grading permit and/or a demolition permit “until the building permit for the project is ready to be issued.”  Condition 20 (Page 17) requires compliance with the “California Building, Mechanical, Electrical, Plumbing, Energy, and Green Building Standards Codes.”

 Condition 21 (Page 17) requires that “Grading/Drainage Plans shall be prepared by a registered engineer.”

 Condition 23 (Page 17) imposes a setback requirement relative to existing slopes that are 3:1 or steeper.

The appellant’s narrative also includes a request to exclude the two largest homes (one of which is immediately adjacent to the subject property), and to exclude vacant lot s, from the Neighborhood Compatibility provisions in the Code (Page 4 of the Appeal). The city’s codes, policies, and procedures do not allow individuals to be selective about which lots are included in Neighborhood Compatibility calculations.

The requ est to invalidate the Categorical Exemption, and to require the preparation of an Environmental Impact Report (Appeal, Pages 6-7), is not supported by the facts in evidence found in the appeal.

Given the foregoing, the appellant has not provided a sufficient basis upon which to overturn my approval of Hillside Development Permit #6838, nor to reject my adoption of a Categorical Exemption and require an Environmental Impact Report. The appeal should, therefore, be denied.”

TREE PROTECTION AND LANDSCAPING:

The applicant provided a tree inventory, which identified 47 trees on private property (two of which are located on the property to the north). Of these 47 trees, 23 are protected by the City’s Tree Protection Ordinance based on the species, size, and l ocation on the property. The applicant proposes to retain all 23 protected trees and to remove nine of the 24 non-protected trees. Of the nine trees proposed for removal, none qualify for the replacement thresholds of Section 17.44.070 (Landscape Standards). Based on the information provided by the applicant, none of the existing trees or canopies would overlap with the proposed addition. Along with maintaining all protected trees, the applicant proposes landscape improvements within the front setback. A final landscape plan would be reviewed during the Building Permit plan check process for consistency with landscape requirements of the Zoning Code.

GENERAL PLAN CONSISTENCY:

The subject site is designated as Low Density Residential in the General Plan Land Use Element.

General Plan Land Use Policy 21.5 (Housing Character and Design) encourages the renovation Board of Zoning Appeals 19 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue
of existing housing stock in single - and multi -family neighborhoods. When additions or replacement housing is proposed, these should reflect the unique neighborhood character and qualities, including lot sizes; building form, scale, massing, and relationship to street frontages, architectural design and landscaped setbacks. The proposed project would be a two -story addition to the rear of an existing single-story single-family residence. The residence is setback far from the street and is contextually appropriate with the character of the neighborhood, particularly in regar ds to building form, massing, and architectural design. The use of the site would remain a single-family residence; therefore, the character of the single-family neighborhood would be maintained.

General Plan Land Use Policy 21.9 (Hillside Housing) requires residences to maintain appropriate scale, massing and access to residential structures located in hillside areas. The proposed two- story addition to the existing single-story residence complies with all the development standards set forth in the City’s Zoning Code. The proposed living area of 4,660 square feet contributes to a floor area ratio for the property that is compatible with the average floor area ratio of properties containing single-family residences within the immediate neighborhood. The residence proposes a blend of modern and ranch architectural styles utilizing earth tone colors and materials, an architectural style and color scheme that is compatible with the architectural guidelines of the City’s Hillside Development Ordinance. Additionally, the scale and massing of the proposed two- story addition is consistent with the scale and setting of the surrounding residences. Vehicle access to the site will continue to occur from Linda Vista Avenue via the existing driveway approach.

General Plan Land Use Policy 6.4 – (View Sheds) requires residences to recognize and protect significant views of the San Gabriel Mountains, the Arroyo Seco, open spaces along with views of significant structures such as the City Hall cupola, Central Library, and the Civic Auditorium.” The proposed project is designed to minimize massing by adding additional square footage both at the existing main level of the single -story residence and a lower story below the main level’s addition. The design of the addition wi ll keep the appearance of residence as one story at the street level and limit potential impacts to views of these significant structures from surrounding properties.

Therefore, staff finds that the project would be consistent with General Plan objectives and policies.

ENVIRONMENTAL REVIEW:

This project has been determined to be exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act (Public Resources Code §21080(b)(9); Administrative Code, Title 14, Chapte r 3, §15301, Class 1, Existing Facilities) and there are no features that distinguish this project from others in the exempt class; therefore, there are no unusual circumstances. Section 15301 exempts additions to existing structures, provided the addition will not result in an increase of more than 10,000 square feet when the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan, and the area in which the project is located is not environmentally sensitive. The proposed 1,401 square -foot addition to the second -story and an 807 square -foot addition to the first story of an existing single -story dwelling with attached two -car garage does not exceed the threshold. The proje ct is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and the project location is not environmentally sensitive. Therefore, the proposal is exempt from environmental review.

Board of Zoning Appeals 20 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue
REVIEW BY OTHER CITY DEPARTMENTS:

The Fire, Public Works, Transportation Departments, Building and Safety Division, and Design and Historic Preservation Section reviewed the proposal. The Department of Transportation, and Design and Historic Preservation Section had no comments. The Building and Safety Division, Fire Department, and Public Works Department provided comments that are included as recommended conditions of approval in Attachment B. There were no other comments from the other departments.

CONCLUSION:

It is staff’s assessment that the findings necessary for approving the Hillside Development Permit to allow the construction of a 2,208 square-foot, two-story addition to the existing 2,452 square - foot, single -story single -family residence, resulting in a 4,660 square -foot residence with an attached 754 square-foot garage can be made (Attachment A). The proposed project meets all applicable development standards required by the Zoning Code for the RS -4-HD zoning district and the additional d evelopment standards required within the Hillside Overlay District including the Neighborhood Compatibility guidelines of the Hillside Ordinance. The architecture incorporates features present in the neighborhood and the location of the improvements are se t a significant distance from the right-of-way and abutting properties. Moreover, the proposed size, design, materials, and color palette are consistent with the applicable design criteria (architectural features) for the Hillside Development Overlay and p roperties within the neighborhood. Existing views and privacy would be maintained after the project. It is anticipated that the proposed location would not be detrimental or injurious to surrounding properties or improvements. Therefore, based on staff’s analysis, as conditioned, would be compatible with the adjacent land uses and would not result in any adverse impacts to the surrounding area with the recommended conditions of approval.

Staff finds that the findings necessary for approving Hillside Development Permit #6838 can be made. Therefore, staff recommends that the Board of Zoning Appeals uphold the Hearing Officer’s January 6, 2021 decision, and approve Hillside Development Permit #68 38 subject to the findings in Attachment A and recommended conditions of approval in Attachment B.

Respectfully Submitted, Prepared By:

Luis Rocha Katherine Moran
Zoning Administrator Associate Planner

Attachments:

Attachment A – Hillside Development Permit Findings
Attachment B – Conditions of Approval
Attachment C – Hearing Officer Decision Letter (dated January 11, 2021) Attachment D – Appeal Application (dated January 19, 2021) Attachment E – Hearing Officer Addendum (dated March 20, 2021) Attachment F – Design and Historic Preservation Historical Designation Review (dated July 21, 2020)

Board of Zoning Appeals 21 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue

ATTACHMENT A
SPECIFIC FINDINGS FOR HILLSIDE DEVELOPMENT PERMIT #6838

Hillside Development Permit: To allow the construction of detached accessory structures.

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 a permitted use within the RS -4-HD (Residential Single -Family, Hillside Overlay District) Zoning District. The proposed two-story addition to an existing single-story dwelling will be in compliance with all applicable development standards, including maximum allowable floor area, lot coverage, setbacks, build ing height, and off -street parking requirements of the RS-4-HD Zoning District.

The proposed project will be consistent with existing developmen t within the vicinity. As analyzed, the project will meet all applicable development standards for the RS-4-HD zoning district and Hillside Overlay such as setbacks, lot coverage and floor area, height and neighborhood compatibility.

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. General Plan Land Use Policy 21.5 (Housing Character and Design) encourages the renovation of existing housing stock in single - and multi-family neighborhoods. When additions or replacement housing is proposed, these should reflect the unique neighborhood character and qualities, including lot sizes; building form, scale, massing, and relationship to street frontages, architectural design and landscaped setbacks. The proposed project would be a two -story addition to the rear of an existing single-story single-family residence. The residence is setback far from the street and is contextually appropriate with the character of the neighborhood, particularly in regards to building form, massing, and architectural design. The use of the site would remain a single- family residence; th erefore, the character of the single -family neighborhood would be maintained.

General Plan Land Use Policy 21.9 (Hillside Housing) requires residences to maintain appropriate scale, massing and access to residential structures located in hillside areas. The proposed two -story addition to the existing single -story residence complies with all the development standards set forth in the City’s Zoning Code. The proposed living area of 4,660 square feet contributes to a floor area ratio for the property that is compatible with the average floor area ratio of properties containing single -family residences within the immediate neighborhood. The residence proposes a blend of modern and ranch architectural styles utilizing earth tone colors and materials, an arch itectural style and color scheme that is compatible with the architectural guidelines of the City’s Hillside Development Ordinance.

Additionally, the scale and massing of the proposed two -story addition is consistent with the scale and setting of the surr ounding residences. Vehicle access to the site will continue to occur from Linda Vista Avenue via the existing driveway approach.

General Plan Land Use Policy 6.4 – (View Sheds) requires residences to recognize and protect significant views of the San Gabriel Mountains, the Arroyo Seco, open spaces along Board of Zoning Appeals 22 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue
with views of significant structures such as the City Hall cupola, Central Library, and the Civic Auditorium.” The proposed project is designed to minimize massing by adding additional square footage both at the existing main level of the single-story residence and a lower story below the main level’s addition. The design of the addi tion will keep the appearance of residence as one story at the street level and limit potential impacts to views of these significant structures from surrounding properties.

Therefore, staff finds that the project would be consistent with General Plan obj ectives and policies.

Furthermore, the proj ect is required to all applicable conditions of approval. 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 conditiona lly approved, would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. The proposed two -story addition to the existing single -family residence will be constructed in compliance with the c urrent Building Code and Zoning standards. 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 Public Works Department, Building and Safety Division, and Pasadena Fire Department. In addition, a Tree Protection Plan has been submitted to ensure that the project will comply with the City’s Tree Ordinance. A Soils Engineering R eport has been submitted which reported that the site is considered feasible for construction of the proposed addition.

6. The design, location, operating characteristics, and size of the proposed use would be compatible with the existing and future land u ses in the vicinity in terms of aesthetic values, character, scale, and view protection . The use of the site will remain as a single -family residential use. The project complies with all the development standards of the Zoning Code.

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 meet the guidelines related to exceeding the Neighborhood Compatibility requirements. The project has been designed with the use of natural materials, which are design elements that can be found in the neighborhood.

Additionally, the proposed single-family residence’s scale and massing is within the scale and setting of the surrounding residences. Thus, the project would be compatible with the existing and future land uses in the vicinity in terms of aesthetic values, character, scale, and view protection.

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 17.29.060.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 Board of Zoning Appeals 23 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue
development in the vicinity. The size of the proposed project (not including the proposed garage) is 4,660 square feet, which exceeds the maximum allowable Neighborhood Compatibility floor area of 3,816 square feet by 844 square feet. However, the additions are designed to not impact views, be in compliance with the ridgeline protection standard, and have a floor area ratio consistent with the properties within a 500 foot radius. The project has been de signed with the use of natural materials, which are materials compatible with the surrounding environment. Additionally, the proposed scale and massing is keeping with the scale and setting of the surrounding residences. Furthermore, as designed, the placement of the proposed additions would not impede the protected view of an adjoining property . Thus, the project is in scale with the context and character of existing and future development in the neighborhood in terms of aesthetics, character, scale, and view protection.

Board of Zoning Appeals 24 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue

ATTACHMENT B
CONDITIONS OF APPROVAL FOR HILLSIDE DEVELOPMENT PERMIT #6838 The applicant or successor in interest shall meet the following conditions:

General

1. The site plan, floor plan, elevations, and building sections submitted for building permits shall substantially conform to plans stamped “Approved at Hearing, January 6, 2021,” except as modified herein.

3. This approval allows for a 2,208 square-foot, two-story addition of an existing single-story dwelling resulting in a 4,660 square -foot, two-story residence with an attached 754 square - foot garage.

4. The applicant or successor in interest shall meet the applicable code requirements of all City Departments and the Pasadena Municipal Code.

5. The final decision letter and conditions of approval shall be incorporated in the submitted building plans as part of the building plan check process.

6. The proposed project, Activity Number ZENT2020-10016 is subject to the Inspection Program by the City. A Final Zoning Inspection is required for your project prior to the issuance of a Certificate of Occupancy or appr oval of the Final Building Inspection. Contact Katherine Moran, Current Planning Section, at (626) 744 -6740 or [email protected] to schedule an inspection appointment time.

Planning Division

8. The applicant or successor in interest shall comply with all requirements of Municipal Code Chapter 9.36 (Noise Restrictions). Specifically, all construction activities shall adhere to Municipal Code Section 9.36.070 (Construction Projects) and Section 9.36.080 (Construction Equipment).

9. No demolition or grading permit shall be issued until the building permit for the residential project is ready to be issued.

Board of Zoning Appeals 25 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue

12. As part of its analysis, the tree protection and retention plan shall take into account the trees on adjoining properties along the north property line, adjacent to the proposed pr oject that might be impacted by the proposed construction. The plan shall provide mitigation measures, if necessary, and analyses potential damage to trees by mechanical injuries to roots, trunks or branches; the compaction of soil; and changes to existing grade which may expose or suffocate roots.

13. A certified arborist and the civil engineer of record shall monitor all related construction activities including, but not limited to: demolition, digging, grading, excavating, or trenching, and as recommended in the supplemental reports. The monitoring of construction activities shall ensure the project implements all of recommendations and conditions provided in the arborist and geotechnical reports in order to protect the existing trees during construction.

15. A construction staging and traffic management plan shall be submitted to and approved by the Zoning Administrator, Department of Public Works, and Department of Transportation prior to issuance of any permits. The plan shall include i nformation on the removal of demolished materials as well as the on-site storage of new construction materials. A copy of the approved construction parking and staging plan shall be furnished to the Current Planning Division for inclusion into the case file on this project. The plan shall be available for review by surrounding property owners.

16. Any above-ground mechanical equipment shall be located at least five feet from all property lines and shall comply with the screening requirements of Section 17.40 .150 (Screening) of the Zoning Code. Mechanical equipment shall be placed on a rooftop only if the equipment is not visible from off the site.

17. Any new construction shall meet all applicable SUSMP (Standard Urban Water Mitigation Plan) requirements as determined by the Building and Safety Division.

18. All construction vehicles or trucks including trailers with length over 30 feet or widths over 102 inches shall require a lead pilot vehicle and flag person to enter the streets within the Hillside District. The flag person will stop opposing traffic as necessary when trucks are negotiating tight curves. Operation of construction vehicles or trucks with lengths over 35 feet shall require approval from the Department of Transportation and Department of Public W orks, subject to demonstration that such vehicles can maneuver around specific tight curves in the Board of Zoning Appeals 26 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue
Hillside District. Operation of construction trucks with lengths over 30 feet shall be prohibited before 9:00 a.m. and after 3:00 p.m., Monday through Frida y and all day during weekends and holidays. On refuse collection days, the operation of construction trucks with lengths over 30 feet shall be prohibited before 10:00 a.m. and after 3:00 p.m.

19. At no time shall construction activities, including, but not l imited to, construction materials, vehicles and equipment, obstruct access to vehicular driveways of adjacent properties.

Building and Safety Division

21. Grading: Grading/D rainage Plans shall be prepared by a registered engineer. Refer to Chapter 14.05 of the City’s Municipal Codes for more information.

22. Stormwater Management: Single family hillside homes shall comply with the special provisions per the State Water Board. Refer to item #12 of the attached Form PC.

23. Slope Setback: For 3:1 or steeper slopes contiguous to a site, the construction must be designed to comply with the slope setback requirements per the CA Residential Code.

24. Fire Zone: The project is located in a Very High Fire Hazard Severity Zone, so the new construction must conform to the requirements per Section R337 of the CA Residential Code.

Fire Department

26. Fire Flow Test: Provide a Fire Flow Analysis (contact Pasadena Water Department 626-744- 4495). The minimum fire f low shall be 1,500gpm @ 20psi per CFC 2019 Table B105.1(2) requirements.

27. Automatic Fire Sprinkler: A complete automatic fire sprinkler system designed and installed in compliance with NFPA 13D is required throughout all buildings per PMC requirements.

Plans shall be submitted to the Permit Center for Fire Department’s review within 30 working days of the issuance of the Building Permit.

Smoke alarms shall not be installed within 3-feet of air registers or bathroom openings. [CBC 907]
Board of Zoning Appeals 27 Hillside Development Permit #6838 April 22, 2021 1820 Linda Vista Avenue