A.
Authority.
Modifications to setback development standards for single-family residential
structures, accessory structures, and/or swimming pool/spa mechanical
equipment may be allowed and are classified as follows:
1.
Director's
Review Setback Modifications. A director's review setback modification
is a modification that is subject to approval by the director of community
development or designee.
2.
Setback
Modifications. A setback modification is a modification that is subject
to approval by the planning commission.
B.
Review
Criteria.
1.
Director's
Review Setback Modifications. The director or designee may grant director's
review setback modifications to the front, side, and rear yard setback
requirements, subject to the following conditions a, b, c, d, and
e and findings f and g:
a.
The modification is to allow an encroaching building addition to
an existing and legally established residential or accessory structure,
to allow encroaching accessory structure, or to allow encroaching
swimming pool/spa mechanical equipment.
b.
The building addition will not encroach into a required front, side,
or rear yard beyond the limits already established by the existing
structure to which the addition will be attached, or result in less
than a five-foot setback.
c.
If the building addition is a second floor, it will not create additional
encroaching floor area that is more than 50% of the amount of overall
encroaching floor area on the same side and story as the request,
existing prior to the request.
d.
Within the required setback, the exterior walls and roofs of the
structure establishing an existing setback encroachment shall be retained
to qualify for a director's review setback modification. Additionally,
any project involving demolition of more than 30% of the existing
floor area shall comprise a new house for the purposes of this section,
and shall not be eligible for a director's review setback modification.
e.
The swimming pool/spa mechanical equipment will not be located in
front of the subject residence or within the front yard setback and
will not result in a side and/or rear yard setback less than the applicable
building code requirements.
f.
Topographic features, lot configurations or other conditions make
it impractical to require compliance with the yard setback requirements.
g.
The proposed project preserves the existing scale and character of
the surrounding neighborhood, and protects public views, and aesthetic
and other property values in such neighborhoods in a manner which
is compatible with reasonable development of the subject lot and is
consistent with the residential design guidelines as adopted by resolution
of the city council.
2.
Setback
Modifications. The planning commission may grant setback modifications
to the front, side, and rear yard setback requirements, including
fence height standards, subject to the following findings:
a.
The proposed project is compatible with existing development on the
site, and is consistent with other development in the immediate vicinity.
b.
The modification authorized will not constitute a grant of special
privilege inconsistent with the limitations upon other properties
in the vicinity and zone in which the property is situated.
c.
Strict application of zoning regulations as they apply to such property
will result in practical difficulties or unnecessary hardships inconsistent
with the general purpose of such regulations and standards.
d.
The modification will not be materially detrimental to the public
health, safety or general welfare, or to the use, enjoyment or valuation
of property of other persons located in the vicinity.
e.
The proposed project preserves the existing scale and character of
the surrounding neighborhood and protects public views, and aesthetics
and other property values in such neighborhoods in a manner which
is consistent with the residential design guidelines as adopted by
resolution of the city council and compatible with development of
the subject lot.
(Ord. 356 § 3, 2006; Ord. 404 § 1, 2011)
A.
Authority.
A director's review approval shall be required per threshold criteria
contained in Section 11.11.050(D)(4).
B.
Review Criteria. The director of community development may grant director's review approval no less than ten calendar days after adjacent property owners are notified by the city that such application is under review and appeal procedures contained in Section 11.45.060 are disclosed. The director shall determine the lot type of the subject property as part of the action. The director may grant recreational vehicle parking or storage review approval subject to the following findings:
1.
The
proposed recreational vehicle parking or storage does not adversely
impact the existing scale and character of the surrounding neighborhood
and does not adversely impact views and aesthetics in a manner which
is incompatible with the development on the subject lot and neighboring
properties.
2.
The
proposed recreational vehicle parking or storage would not be materially
detrimental to the public health, safety, access, or general welfare,
or to the use, enjoyment, or valuation of property of other persons
located in the vicinity.
C.
Revocation.
A recreational vehicle parking or storage director's review approval
may be revoked by the planning commission through a public hearing
process if one or more of the following conditions exist:
1.
Circumstances have changed or negative impacts have arisen to such a degree that one or more of the findings of fact contained in subsection B can no longer be made;
2.
The
director's review approval was obtained in a false, misleading, or
fraudulent manner;
3.
One
or more conditions of the director's review approval have not been
fulfilled;
4.
The
director of community development determines that the recreational
vehicle parking or storage is or has become a nuisance.
(Ord. 410 § 1, 2013)
A.
Authority.
Planning commission approval shall be required per threshold criteria
contained in Section 11.11.050(D)(3).
B.
Review
Criteria. The planning commission may grant large garage review approvals,
subject to the following finding: The proposed project preserves the
existing scale and character of the surrounding neighborhood, and
protects public views, and aesthetics and other property values in
such neighborhoods in a manner which is compatible with reasonable
development of the subject lot and is consistent with the residential
design guidelines as adopted by resolution of the city council.
(Ord. 356 § 3, 2006)
A.
Authority.
The planning commission may approve a floor area review per qualifying
criteria established in Section 11.11.050(B)(1)(b).
B.
Review
Criteria. The planning commission may approve a floor area review
subject to the following finding: Through its siting, screening, and/or
massing effects, the project is compatible with its neighborhood setting
and is consistent with the residential design guidelines as adopted
by resolution of the city council.
(Ord. 356 § 3, 2006)
A.
Authority.
Excess height as stipulated in Section 11.11.050(A)(1)(d) may be allowed,
provided that a director's review height modification is obtained,
pursuant to requirements for the director's review height modification.
A director's review height modification is subject to approval by
the director of community development or designee.
B.
Review
Criteria. The director or designee may grant director's review height
modifications for excess height subject to the following criteria:
1.
Neighbor Notification. The director of community development may grant director's review height review approvals no less than ten calendar days after notification by the city to adjacent property owners that the development request is under review and stating appeal procedures contained in Section 11.45.060.
2.
Required
Findings. A director's review height modification shall not be approved
unless the approval authority makes the following findings:
a.
The excess height accommodates an architectural objective, as dictated
by style, scale, and/or architectural consistency with the subject
structure or other structures in visual proximity.
b.
The proposed project preserves the existing scale and character of
the surrounding neighborhood and protects public views, aesthetics
and other property values in such neighborhoods in a manner which
is compatible with reasonable development of the subject lot and is
consistent with the residential design guidelines as adopted by resolution
of the city council.
(Ord. 356 § 3, 2006)
A.
Authority.
Director's review or planning commission approval shall be required
per threshold criteria contained in Section 11.11.050(A)(3).
B.
Review
Criteria.
1.
Director's Review. The director of community development may grant second floor review approvals no less than ten calendar days after notification by the city of adjacent property owners that such development request is under review and stating appeal procedures contained in Section 11.45.060. The director of community development may grant second floor review approvals, subject to the finding contained in subsection (B)(2) of this section.
2.
Planning
Commission. The planning commission may grant second floor review
approvals, subject to the following finding:
a.
The two-story design includes adequate setbacks, screening and modulation.
b.
The two-story design preserves the existing scale and character of
the surrounding neighborhood.
c.
The two-story design protects public views, aesthetics, privacy and
property values of the neighbors.
d.
The two-story design is consistent with the residential design guidelines
as adopted by resolution of the city council.
(Ord. 356 § 3, 2006)
A.
Applicability.
All director's review and modifications are subject to the following
procedures and requirements.
B.
Application.
Any property owner or any individual with the property owner's authorization
may submit an application to the director of community development.
Application materials shall include the following:
1.
A
completed application form as provided by the city, including a written
statement signed by the applicant and property owner describing the
proposed project, identifying the specific request, and describing
how the request meets the required findings of this chapter;
2.
A
completed environmental assessment questionnaire form, as provided
by the city;
3.
One
copy of a map depicting the properties within 100 feet of the boundaries
of the project site;
4.
Project
drawings: 13 copies for planning commission projects, or three copies
for administrative projects, consisting of the following:
a.
A site plan: scale of one inch equals 20 feet or larger (or as otherwise
approved by the director) including the following information:
i.
Location of lot lines, easements, and all structures, existing and
proposed,
ii.
Identification of street names,
iii.
All slopes, contours, and other topographical considerations
pertinent to the project,
iv.
All exterior building dimensions; average lot width determination
(where project is to be constructed within 20 feet of a side property
line); dimensions of all setbacks, and the location of the nearest
building wall on all abutting lots,
v.
All trees with a trunk diameter of six inches or more, measured four
feet above grade, unless waived by the director;
5.
An
application fee in an amount established by the current fee schedule
adopted by the city council. Checks shall be made payable to the city
of La Cañada Flintridge.
C.
Review
and Notification. Applications for discretionary approvals which have
been deemed complete for filing shall be reviewed as follows:
1.
Review.
a.
Review Process. The director or designee shall review all application
materials and may contact property owners abutting the project site,
and conduct negotiations to resolve matters related to the project.
b.
Conditions. The decision making authority may impose reasonable conditions
which would alleviate the effect of an approval upon other public
or private property.
2.
Notification.
a.
Director's Review. The director or designee shall notify the applicant,
the abutting property owners, and all others whose names appear on
the application, petition or other correspondence of the decision
upon the request.
b.
Planning Commission. Planning commission review requires a public
hearing notice.
D.
Call-Up
and Appeals.
1.
Call-Up
by the Planning Commission.
a.
All decisions by the director of community development shall be reported
to the planning commission at the commission's next regular meeting.
b.
In addition to any appeal procedures otherwise established by law,
the planning commission may cause any such decision to be heard de
novo by a majority vote conducted at a meeting at which the decision
is reported. In the event that the planning commission does not so
vote, the decision of the director of community development shall
be final.
c.
Notification of a hearing on the call-up shall be provided to the
applicant and all others whose name appears on the application, petition,
or other correspondence, and others expressing interest in such notification
by means of written communication to the city.
d.
The planning commission shall review all application materials, shall
conduct a de novo hearing, and shall render a decision according to
the required conditions and findings applicable to the case.
e.
The director or designee shall notify the applicant and all others
whose name appears on the application, petition or other correspondence,
of the planning commission action on the project.
2.
Appeal
to the Planning Commission. A decision of the director may be appealed
to the planning commission, as provided in subsection (D)(4) of this
section.
3.
Appeal
to the City Council. A decision of the planning commission may be
appealed to the city council, as provided in subsection (D)(4) of
this section.
4.
Appeal
Procedure. The following procedure shall be used when a decision on
a modification is appealed:
a.
Appeals shall be submitted in writing within 15 days of the mailing
date (as shown on the declaration of service by mail by the city),
which mailing shall occur in a timely manner following the decision
of the director's review or modification and shall specify whether
the appeal is being made on the decision to approve or deny a project,
or on a condition imposed upon the project. Reasons for the appeal
shall be clearly stated. Appeals to the planning commission shall
be submitted to the planning department. Appeals to the city council
shall be submitted to the city clerk.
b.
If the appeal is filed by the applicant, it shall also be accompanied
by 13 sets of the documents required in subsection (B)(4) of this
section.
c.
The appeal shall be accompanied by a fee in an amount established
by the current fee schedule adopted by the city council. Checks shall
be made payable to the city of La Cañada Flintridge.
d.
Notification of a hearing on the appeal shall be provided to the
applicant and all others whose name appears on the application, petition,
or other correspondence, and others expressing interest in such notification
by means of written communication to the city.
e.
The reviewing body shall review all application materials, shall
conduct a de novo hearing, and shall render a decision according to
the required conditions and findings applicable to the case.
f.
The director or designee shall notify the applicant and all others
whose name appears on the application, petition or other correspondence,
of the decision on the appeal request.
g.
In the event of an appeal before the city council, the decision of
the city council shall be final.
(Ord. 356 § 3, 2006; Ord. 413 §§ 15, 16, 2013)
