City Council Meeting: April 22,
2008
Agenda Item: 6-A
To: Mayor and City Council
From: Eileen P. Fogarty, Director of
Planning and Community Development
Subject: Appeal of Landmarks Commission technical denial of Certificate of
Appropriateness Application for an addition to a non-contributing structure
located at
Recommended
Action
Staff
recommends the City Council uphold appeal 08APP-004 and approve Certificate of
Appropriateness application 07CA-004 for a 1,213 square foot addition to a Non-Contributing structure located on the
rear of the parcel at
Executive Summary
This report supports the
approval of a Certificate of Appropriateness application filed by property
owner Mark Woollen for construction of a 1,213 square
foot addition to a non-contributing structure located on the rear of the parcel
located in the Third Street Neighborhood Historic District (“the District”). On January 14, 2008, the Certificate of
Appropriateness application was technically denied by the Landmarks Commission
after a motion to approve the application failed by a vote of 3-2. On January 24, 2008, the applicant appealed
the technical denial (Attachment A).
This report presents analysis of
the proposed project in light of the required finding for approval set forth in
SMMC Section 9.40.030 (c) (3) which specifies that in the case of any proposed
work to a noncontributing building or structure within the District, reasonable
effort has been made to produce compatibility with the District character and
with the scale, materials and massing of the contributing structures within the
District. This report also addresses the key points of the appeal filed by the
property owner that, in summary, assert that there is no legal basis for
denying the Certificate of Appropriateness application because the applicant
has worked in good faith with the Landmarks Commission and made a reasonable
effort, as required by the finding for approval, to respond the Commission’s
direction and to produce a design for an addition to a non-contributing
structure that is compatible with the character of the District and with
Contributing Structures in the District.
In consideration of the full
record to date, including review of the appellant’s appeal statement, it is
recommended that the appeal be upheld and the Certificate of Appropriateness
application be approved.
Discussion
On April 16, 2007, property owner Mark Woollen filed a Certificate of Appropriateness application
requesting to construct a 1,445 square foot addition to a Non-Contributing
Structure located on the rear half of the lot at


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The 7,500 square foot parcel contains an
existing one-story, turn-of-the-century residence that was constructed in 1905
and is a Contributing Structure to the Historic District. The applicant’s
proposal involves the existing two-story, 1,148 square foot, detached accessory
building located on the rear of the parcel that was constructed in 1946 and determined to be a
Non-Contributing Structure when the District was established in July 1990.
The primary residence on the front half of the property at
2617 Third Street is part of a grouping of five turn-of-the-century bungalows
on the east side of the street. The adjacent property to the north consists of
a primary, two-story bungalow and one-story rear accessory building. The
adjacent property to the south consists of a primary, one-story bungalow and a
two-story rear accessory building. Other
Contributing Structures along
Revival style structures.

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When the Third Street
Neighborhood Historic District was established by the City Council in July of
1990, the neighborhood’s aesthetic, economic, cultural and architectural
significance was set forth in the Municipal Code (SMMC 9.36.290). When the
District was established, all structures built during or prior to 1935 were formally identified
as Contributing Structures for their contribution to the District’s character
and integrity; Non-Contributing properties were identified as vacant parcels
and buildings in the District constructed after 1935.
Following the
establishment of the District, the City Council adopted SMMC Chapter 9.40
(Third Street Neighborhood Historic District Standards) to set forth the
procedures and criterion for reviewing proposed modifications in the District.
In 1992, the Landmarks Commission also adopted the Third Street Neighborhood Design Guidelines and a Landscape Survey
(“District Guidelines”). The specific Certificate of Appropriateness criterion
applicable to the proposed project and the applicability of the District
Guidelines are discussed more fully beginning on page 10 of this report.
Landmarks
Commission Action
The Landmarks Commission held three public
hearings for the Certificate of Appropriateness application on June 11, 2007,
July 8, 2007, and January 14, 2008.
June
and July 2007 Public Hearings
After listening to public testimony both in
opposition and in support of the project, and after extensive discussions
regarding the proposal, the public hearings in June and July 2007 were
continued to allow the applicant to revise the project based on direction
provided by the Commission during the course of the discussions. During both hearings, a majority of the
Landmarks Commission expressed satisfaction with the overall design concept for
the project and stated that, provided that the project is responsive to
its context, a modern architectural vocabulary could be used to implement
modifications to the non-contributing structure located at the rear of the
property behind the historic bungalow.
January
2008 Public Hearing
The Landmarks Commission reviewed the
revised project at its January 14, 2008 meeting. The Commission again listened
to public testimony both in opposition and in support of the project and held
an extensive discussion that centered on the following key issues:
Three of the five Commissioners at the
hearing found that it merited approval based, in part, on the following
factors:
In contrast, two of the five Commissioners
found that the project did not merit approval based, in part, on the following
factors:
Consequently, the motion to
approve the Certificate of Appropriateness application failed by a vote of 3-2
and therefore the application was technically denied.
The Landmarks Commission’s Statement of
Official Action is presented as Attachment C.
June
11, 2007, July
8, 2007, November
12, 2007, and January
14, 2008 meeting minutes and staff reports and are presented as Attachments
D and E, respectively.
Appeal Summary
The appellant states
that the Certificate of Appropriateness application should have been approved.
The following is a summary of the appellant’s statement; the full text of the
appeal is contained in Attachment A:
· The applicant has responded in good faith to Landmarks Commission direction and comments provided at two public hearings regarding the proposed project.
· The proposed project design achieves compatibility with the District character and with the scale, materials, and massing of Contributing Structures in the District; this perspective is supported by City staff, the City’s historic preservation consultant, and the applicant’s preservation consultant.
· The legal standard for review of the Certificate of Appropriateness application is whether the applicant has shown “reasonable effort” to produce compatibility with the District character and with the scale, materials, and massing of Contributing Structures in the District. The applicant has met this standard.
· The challenges faced by the applicant will discourage the creation of any new historic districts in the City.
The
City Council, in its review of this appeal, must determine whether the proposed
project for a 1,213 square foot
addition to a Non-Contributing Structure meets the following
criterion for issuance of a Certificate of Appropriateness in the Third
Street Neighborhood Historic District set forth in SMMC Section 9.40.030 (c)
(3):
That in the case of any proposed work to a
noncontributing building or structure within the District reasonable effort has
been made to produce compatibility with the District character as set forth in
Section 9.36.290, and with the scale, materials and massing of the contributing
structures within the District.
Appeal
Analysis
Based on the full record to date, including testimony
and documentary evidence presented at Landmarks Commission public hearings,
there is ample evidence to approve the Certificate of Appropriateness
application. As detailed more fully in
the staff reports provided for the Landmark Commission hearings, staff
continues to recommend approval of the Certificate of Appropriateness
application. The following discussion briefly describes the proposed project,
addresses the appellant’s key arguments, and also summarizes the basis for
staff’s determination.
Description of Project Design
The applicant proposes a 1,213 square foot
one- and two-story addition to the existing two-story, non-contributing
accessory structure located on the rear of the subject property (50’ x 150’). The
project consists of a 453 square foot first floor addition and a 760 square
foot second-floor addition. The existing structure’s 1946 design is utilitarian
in nature and does not contribute to the District’s historic character. The
applicant also proposes an interior remodel of the existing living space and
addition of landscaping in the side and rear yards.
In accordance with Municipal Code
requirements, the proposed addition complies with all Zoning District
requirements, including but not limited to setbacks, parcel coverage, and
building height. The proposed addition maintains at least 50% of the perimeter
walls of the existing structure.
The primary elevation of the accessory
structure will be set back 93 feet from the front property line on
from Theoretical Grade (23’-0” for a flat
roof and 30’-0” for a pitched roof).
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The proposed project’s 21’-10” maximum height
is approximately 1’-6” lower than the current height of the existing rear
building. The cantilevered south building volume is also stepped down
approximately 2’-6” in order to minimize its visibility from the street. As indicated in line of site exhibits for the
project (below), when standing in front of the property on the sidewalk and
across the street, views of the addition are restricted.

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The windows incorporated in the project
design consist of recessed, multi-pane divided lights with wood frames. The
roof over the north volume’s second floor facing the street will project 1’-0”
beyond the face of the building in order to reference a characteristic design
element of historic bungalows in the District. In addition, second floor
windows on the north elevation of the north volume are recessed 2’-0” in order
to create more visual interest and articulation and to further break up the
perceived massing of this
portion of the building.
In addition to smooth trowel stucco, two
different types of natural wood siding are proposed on the north and south
building volumes. Clear-stained reclaimed redwood shiplap siding is proposed on
the second floor of the south volume. Reclaimed redwood siding with alternating
off-set pattern is also proposed on the second floor of the north volume. This
siding adds a compatible material and textural element to the most visible
portions of the structure as viewed from the street and from adjacent
properties to the north and south. The
profile of this siding also creates a shadow line that reflects the clapboard
siding found on Contributing Structures in the District.
93’-4”
Applicable
Certificate of Appropriateness Criterion
All proposed work in the Third Street Neighborhood Historic District is subject to the procedures and criteria established in SMMC Chapter 9.40. SMMC Chapter 9.40 provides criteria specifically-tailored to the context of the Historic District in order to evaluate different types of projects that require a Certificate of Appropriateness in the Third Street District. For such projects, these criteria must be used in lieu of the findings applicable to properties located outside of the Third Street Historic District established in SMMC Chapter 9.36.
When reviewing an application for a Certificate of Appropriateness proposed in the Third Street Neighborhood Historic District, SMMC Section 9.40.030 (c) sets forth five different findings. Depending on the nature of the project, one or more of the following five criteria apply:
(c) Criteria for Issuance of Application for Certificate of Appropriateness. The Landmarks Commission, or the City Council on appeal, shall issue a certificate of appropriateness for projects in the District if it finds that the project is included within the list of work enumerated in Section 9.40.020(d), and it makes a determination in accordance with any one or more, as appropriate, of the following criteria, which shall be in lieu of those otherwise required by Section 9.36.140:
(1) That in the
case of any proposed alteration, restoration, construction, removal or
relocation, in whole or in part of or to a contributing building or structure
within the District, the proposed work would not be incompatible with the
exterior features of other contributing improvements within the District, not
adversely affect the character of the District, and not be inconsistent with
any design guidelines and standards that may be developed and adopted by the
Landmarks Commission specifically for the District.
(2) That in the
case of any proposed alteration, restoration, construction, removal or
relocation, in whole or in part, of or to a contributing building or structure
within the District, the proposed work would not adversely affect any exterior
feature of the historic structure.
(3) That in the case of any proposed work to a
noncontributing building or structure within the District reasonable effort has
been made to produce compatibility with the District character as set forth in
Section 9.36.290, and with the scale, materials and massing of the contributing
structures within the District.
(4) That in
the case of any proposed construction of a new improvement on any parcel
located within the District boundaries, the exterior features of such new
improvement and its placement on the property would not adversely affect and
not be disharmonious with the District character as set forth in Section 9.36.290,
and with the scale, materials and massing of the contributing structures within
the District.
(5) That the
applicant has obtained a certificate of economic hardship in accordance with
Section 9.36.160.
The applicable
finding for the subject Certificate of Appropriateness application which
proposes an addition to the existing Non-Contributing building located at
The five findings presented above establish different standards for review. One of the most significant differences is evident in subsection (3) which sets forth a less rigorous review standard for proposed work to a Non-Contributing building or structure. In this case, the decision-making body needs only to find that a “reasonable effort has been made to produce compatibility” with the District character and with the scale, materials, and massing of Contributing Structures in the District.
This criterion does not require the decision-making body to find that the project is compatible. Instead it only requires a determination that a reasonable effort has been made by the applicant to produce compatibility with the character of the District. This less rigorous review standard was purposefully established in recognition of the fact that Non-Contributing structures were not identified as contributing to the historic character of the District when it was formed and that a greater degree of flexibility should be provided when proposals involve such Non-Contributing structures.
However, as detailed in this staff report, and the four previously-prepared Landmarks Commission staff reports, staff has concluded that the proposed project is, indeed, compatible with the District and with the scale, materials, and massing of Contributing Structures in the District.
The appellant states that a good faith effort has been made to respond to all of the Landmarks Commission’s comments provided at the first two public hearings for the project. Staff agrees that the applicant has met the standard of demonstrating that a “reasonable effort has been made to produce compatibility” with the District character and with the scale, materials, and massing of Contributing Structures in the District.
The following summary of the applicant’s project revisions is provided to support the assertion that the applicant has appropriately responded to the Commission’s previous direction and met the legal standard of demonstrating that reasonable effort had been made to produce a compatible design:
Landmarks Commission comments provided at the June 2007
hearing:
Applicant’s
response to Commission comments reviewed at the July 2007 hearing:
o
Scaled back the cantilevered
volume by two feet in order to create more open space between the addition to
the non-contributing building and the historic bungalow.
o
Removed the
proposed 8’-0” block wall along the north, south and east property lines.
o
Relocated the
proposed roof deck and photovoltaic panels in order to reduce height of the
north building volume.
o
Eliminated the
projecting stair tower and reduced the size of the roof deck.
o
Reduced the
height of the north building volume addition to allow that portion of the structure
to read as one volume, instead of two volumes that step up and increase in
height.
o
Added a new
first-story clerestory window; relocated and recessed the ground floor entrance
two feet further into the living area.
o
Proposed natural
wood siding on second-story cantilevered portion of the south building volume.
o
New color palette
for stucco proposed.
Landmarks Commission comments provided at the July 2007
hearing:
Applicant’s response to Commission comments reviewed at the
January 2008 hearing:
o
The project was
reduced by a total of 232 square feet compared to the original submittal.
o
The height of the
entire structure was reduced by approximately1 ½ feet, making it approximately
1 ½ feet below the current height of the roof ridge of the existing
Non-Contributing structure.
o
The cantilevered
portion of the south building volume was reduced in width from 19’-2” to
16’-1”.
o
The amount of
second floor glazing on the primary elevation was reduced in order to refine
the window to wall ratio and to reduce the amount of glazing visible from the
street.
o
Windows were
divided and framed in wood.
o
A second type of
reclaimed redwood siding was added on the north building volume.
o
Roof overhangs
and recessed windows were incorporated on the north building volume.
Applicable
With respect to the applicability of the Third Street Neighborhood Historic District Design Guidelines, it is also important to note that only subsection (1) discussed above, which address work to Contributing Structures, requires the decision-making body to make a finding of consistency with the District Design Guidelines in order to approve the application. Specifically, the criterion that addresses work to Non-Contributing Structures (subsection (3)) does not include this consistency finding.
In instances when the criterion for issuance of a Certificate of Appropriateness in the Third Street Neighborhood Historic District does not require consistency with the District Design Guidelines, the Guidelines are still relevant. The Guidelines are used to assist in assessing whether the applicable Certificate of Appropriateness finding can be made. In this instance, the Guidelines are used as a tool in assessing the applicant’s efforts to produce compatibility with the character of the District and with the scale, massing, and materials of Contributing Structures in the District.
Only certain
provisions of the District Design Guidelines apply to a proposed project. Section VI of the Guidelines is entitled,
“Restoration, Rehabilitation, or Additions to Contributing Buildings” and
therefore does not apply to the subject Certificate of Appropriateness
application at
Section VII of the Design Guidelines is entitled “New Construction, Additions and Architectural Compatibility”. This section presents criteria for both small and large additions to buildings in the District. The criteria for new construction do not apply in this case since the applicant is not proposing a new building, but rather an addition to an existing Non-Contributing Structure. A copy of the District Design Guidelines is presented as Attachment F.
Analysis
of Project Design
The following presents a discussion of how the proposed project meets the required Certificate of Appropriateness criterion for work proposed to a Non-Contributing Structure and also complies with the District Design Guidelines for Additions.
Compatibility with the Character of the
District
The way a project visually relates and responds to its context is an important aspect of reviewing proposed additions or new construction in the Third Street Neighborhood Historic District. There can be divergent points of view regarding whether a contemporary design is appropriate within the context of a historic district. However, neither the District Ordinance nor the Design Guidelines specifically prescribe the selection of architectural styles. Nevertheless, additions and infill should, regardless of style, express a consistent and compatible architectural language and should compatible with the character of the Contributing Structures in the District. As discussed more fully beginning on page 18 of this report, Section VII of the Design Guidelines contains provisions to help assess the applicant’s effort to produce a compatible design for the proposed Non-Contributing building addition.
Compatibility
with the District’s overall character can be developed in both traditional and
contemporary designs and can be achieved in a variety of ways within the
framework of preserving the integrity of the District’s historic architecture
and character. The District Design Guidelines reinforce this approach as it was
specifically written in a non-prescriptive manner in order to not limit the
creativity and judgment of future applicants, neighborhood stakeholders, and
Landmarks Commissions. Section VII of
the District Design Guidelines (“New Construction, Additions and Architectural
Compatibility”) states the following:
“These
guidelines are given as suggested direction for the project applicant in approaching
the design of a new project or an addition to an existing structure in the
Third Street Neighborhood Historic District. The problem of making design
harmonious with the neighborhood’s existing conditions while not completely
limiting the creative act of design is no small challenge. These guidelines are
written with the hope that the design professional will find an appropriate
balance between conformity and creativity.”
The purposefully non-prescriptive language provided
in the District Design Guidelines reflects that the District does, in fact,
possess a variety of architectural styles. The section of the Municipal Code
that addresses the character of the District (SMMC 9.36.290) describes the
Third Street Neighborhood Historic District as possessing architectural
significance to Santa Monica because the area displays a variety of
architectural styles, from Victorian to Gothic, to American Colonial Revival,
to California Craftsman, to Spanish Colonial Revival, which provide a visual
representation of the Neighborhood’s development through the 1930s. This
description goes on to state that, in addition, “the neighborhood is dominated
by bungalows; twenty-nine bungalows and one bungalow court are extant in the
District.”
The Municipal Code and the Design Guidelines both make it clear that
there are a variety of architectural styles that help to define the
significance of the District. They do not require that
In the case of proposed additions and infill, the goal is not to imitate or duplicate a historic building and architectural style, thereby creating a false sense of history, but to propose a new improvement that is harmonious with its surroundings and contributes, in a respectful manner, to the understanding of how the District has evolved over time. Compatibility with the scale, materials, and massing of Contributing Structures does not require a design to duplicate a specific building form or shape, or incorporate literal examples of particular architectural features such as rafter tails, clapboard siding, or a red clay tile roof.
In assessing whether a proposal is compatible with the character of the District, the proposed design is evaluated to determine how it draws upon, relates to, or reflects in a harmonious manner characteristics of historic buildings in the District. These characteristics can be key material elements or proportional characteristics of a building that include but are not limited to the following examples:
These design relationships established between a new improvement and the District’s historic context and architecture are more fundamental than the details of a specific historic architectural style. Accordingly, a design can relate to the predominant architectural character of a district without duplicating historic features or forms and can be responsive to a historic context while also employing a modernist or contemporary architectural vocabulary.
As presented in greater detail below and confirmed by the City’s preservation consultant PCR Services Corporation (Attachment G), the applicant has drawn upon a variety of elements found in the historic architecture of the District and produced a project for a 1,213 square foot addition that expresses a consistent design concept; is compatible with its context through its site plan, scale, and selection of building materials; and does not alter the visual character of the District.
Compatibility with the Character of the District –
Scale and Massing
As proposed, the majority of the existing
rear, two-story structure and its 1,213 square foot addition will not be
visible when viewed from the street due to the following site conditions: the
addition is proposed to be set back 93 feet from the front property line; a
significant portion of the building’s volume will be situated on the parcel
behind the primary residence; and due to the existing mature landscaping to the
south of the structure and the proposed wood fence and landscaping along the
north property line, much of the rear building will not be visible from the
street (see line of site exhibits on Sheet A-3.1 and project renderings).
The project’s contemporary
design utilizes simple rectangular volumes that are consistent with the form
and height of the existing structure and responds to the building forms of a
variety of Contributing Structures in the Historic District. Specifically, the project’s overall building
form, low overall building height (a maximum of 21’-10” from Theoretical Grade)
and articulated building elevations are harmonious with the scale and massing
of Contributing Structures that exhibit American Colonial Revival and Spanish
Colonial Revival architecture (2545 2nd Street, 2546 3rd Street, 246 Beach
Street, and 245 Hill Street, and 2637 3rd Street).


Furthermore, many Contributing Structures in the District are two-story volumes
including the adjacent rear accessory structure to the south of the subject
property, as well as the buildings at
The proposed project retains the existing Non-Contributing building’s
site lines from the street and the height of the structure will be modestly
reduced from its current condition in order to ensure that the project will not
appear larger as viewed from the street. Further, the height of the addition
positioned behind the historic bungalow is also approximately 2 ½ feet lower
than the north volume in order to minimize its visual presence as viewed from
the street. While the proposed addition does increase the footprint of the rear
building, the project design incorporates an ample 29-foot separation between
the rear building wall of the historic residence and the proposed
addition.
District Design Guidelines for Additions
As previously discussed, while a finding of consistency with the Third Street Neighborhood Historic District Guidelines is not a legal requirement for approval, staff utilized the Guidelines to help assess the applicant’s efforts to produce a compatible design. The Guidelines establish the following provisions for both large and small additions to Contributing and Non-Contributing buildings (Section VII):
Additions:
Second Floor Additions
·
Where possible, set back the new façade from the existing front façade.
·
Large scale elements such as the roof line, overhanging eaves, window
proportions, exterior materials, should be similar to the existing structure.
Small details should be subtly different from the existing.
Strategies for Large and
Small Additions
·
Make a transitional zone between the existing and new construction. This
can be achieved through one or more of the following:
-
Change of plane
-
Change of material
-
Change of height or a roof break
With respect to these Guidelines for Additions, the proposed project’s simple rectangular volume and wood and stucco cladding are compatible with the existing Non-Contributing Structure, and the variation in height and changes in plane between the north and south building volumes address the suggestion to create a transitional zone between the existing structure and new construction. Furthermore, in accordance with the provision to consider the slope of the site, the proposed addition has been designed to be recessed into the hillside in order to keep the cantilevered addition over 2 ½” feet lower than the rest of the structure. The provisions for second floor additions state that an applicant should, “where possible, set back the new façade from the existing façade”. This provision recognizes that the primary façade of a historic building as viewed from the street is important and that it is also not always possible to set back an addition in this manner. In this case, due to OP-2 District rear and side yard setback requirements, the second floor of the proposed addition has not been setback from the existing front façade of the Non-Contributing building; the proposed addition, however, is setback over 93 feet from the public right-of-way.
In summary, the
proposed project will not alter the quality
and visual character of the District. This is due to the project’s building
footprint, streamlined form and massing, significant 93-foot setback from the
front property line, and limited visibility from
Peer Review of Project Design and Renderings
In response to questions raised by several members of the public regarding the accuracy of the applicant’s project renderings, a peer review of the overall project design, architectural plans and project renderings was conducted by design firm Urban Studio at the City’s request. Urban Studio was retained by the City in 2007 to perform independent architectural and urban design analysis for the City’s Planning & Community Development Department.
Urban Studio
conducted a site visit to the subject property and the District and reviewed
the project plans, renderings,
Compatibility with the Character of the District –
Materials and Architectural Details
The proposed project design incorporates extensive use of
wood and stucco materials such as smooth trowel stucco, wood framed
fenestration, and use of two types of reclaimed redwood on the second floor
elevations of the structure. This is consistent with the materials traditionally
found in many of contributing structures in the District that are comprised of
California Bungalow, Spanish Colonial Revival, and American Colonial Revival
architectural styles.
The use of wood siding is an important project component
that addresses the need to incorporate materials that respond to the context of
the District and the neighboring buildings. The wood siding also provides a
depth of texture and a shadow line that reflects the clapboard siding found on
The project design incorporates multi-pane, wood
framed fenestration that have been designed to respond to the proportions and
type of details found in the District’s historic bungalow and Victorian
architecture and is a contemporary reflection of a historic framed window
architectural element.
The roof over the second floor of the north volume
facing the street will project 1’-0” beyond the face of the building in order
to reference a characteristic eave element of historic bungalows in the
District. In addition, the second floor windows on the north elevation of the
north volume have been recessed 2’-0” in order to create more visual interest
and articulation and to further break up the perceived massing of this portion
of the building as viewed from both the street and from the neighboring property
to the north.
Staff-Recommended Condition of Approval
While the incorporation of two
different types of reclaimed redwood siding is an important component of the
project design that strengthens the relationship between the Non-Contributing
Structure and the historic bungalows on site and on neighboring parcels, staff
does not support the clear stained finish of the wood cladding. As proposed,
the clear stained siding does not appear to be appropriate for the rear
accessory building because it would somewhat visually compete with the historic
bungalow on the site and would not provide the more visually ‘quiet’ background
that is most respectful of this setting at the rear of the parcel. Based on an evaluation of the context of the
project site – both in terms of its location at the base of a hill with mature
landscaping and its relationship to neighboring buildings – it is recommended
as a condition of approval that an Arts & Crafts inspired wood stain/paint
be applied to the wood cladding on both the north and south building volumes.
This application of an appropriately muted color to the wood cladding will
serve to create a better visual balance between the Non-Contributing Structure
and the existing landscaping and will allow the addition to better respond to
the character of the District and also draw from the colors found in adjacent
properties.
Conclusion
Based on the whole of the record, staff recommends
that the City Council uphold the appeal and approve Certificate of
Appropriateness application 07CA-004 for construction of a 1,213 square foot
addition to the existing Non-Contributing Structure located on the rear of the
parcel located 2617 Third Street based on the draft findings and conditions set
forth in Attachment B.
Alternatives
As an alternative to the staff recommendation, the Council may
consider the following with respect to the pending appeal if supported by the
full evidentiary record:
1.
Deny the Appeal.
2.
Remand the application to the Landmarks
Commission for reconsideration.
Environmental Analysis
The
project is categorically exempt from the provisions of California Environmental
Quality Act (CEQA) pursuant to Section 15303, Class 3 and Section 15331, Class
31 of the State Implementation Guidelines in that the project consists of the
construction of an addition to a non-contributing structure located in a
designated historic district. The project has been designed in a manner
consistent with the Secretary of the Interior’s Standards for the Treatment of
Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring,
and Reconstructing Historic Buildings (1995), Weeks and Grimmer in that the
proposed project does not negatively impact the character or setting of the
historic district due to its location setback over 93 feet from the front
property line and compatible design.
Public Outreach
As required by the Municipal Code, the
Third Street Neighborhood Citizen’s Participation Committee (CPC) was notified
of the application for and appeal of the Certificate of Appropriateness,
including notice of all hearings.
Additionally, this hearing has been noticed with on-site posting and
mailed notice of hearing as required in SMMC Sub-section 9.40.040(b).
Financial Impacts & Budget Actions
The recommendation presented in this report does not have any budget or fiscal impact.
Prepared
by:
|
Approved: |
|
Forwarded to Council: |
|
|
|
|
|
Eileen P. Fogarty Director,
Planning and Community Development |
|
P. City Manager |
Attachments
A.
Appellant’s
Appeal Statement
B.
Draft
Findings and Conditions
C.
Landmarks
Commission Statement of Official Action, January 14, 2008
D.
Landmarks
Commission Minutes: June 11, 2007, July 8, 2007, January 14, 2008
E.
Landmarks
Commission Staff Reports and Hearing Submittals, June 11, 2007, July 8, 2007,
November 12, 2007, January 14, 2008
F.
G.
Memorandum
from PCR Services Corporation, May 23, 2007
H.
Memorandum
from Urban Studio, April 1, 2008
I.
Architectural
Plans and Renderings & Additional Documentation from Appellant
ATTACHMENT
A
Appellant’s
Appeal Statement
Electronic version of attachment is not
available for review. Document is
available for review at the City Clerk’s Office and the Libraries.
ATTACHMENT B
Staff Recommended Findings and Conditions
for Approval
DRAFT FINDINGS
CERTIFICATE OF APPROPRIATENESS FINDINGS (SMMC 9.40.030)
1.
The proposed project for an addition to the non-contributing
structure located on the property located at
2.
The proposed modifications and addition to the
Non-Contributing structure located at the rear of the property at 2617 Third
Street work have been designed in a manner that demonstrates that a reasonable
effort has been made to produce compatibility with the District character as
set forth in Section 9.36.290, and with the scale, materials and massing of contributing
structures within the District. Specifically, the proposed addition to the
Non-Contributing rear building retains both the existing building’s site lines
from the street and is approximately 1 ½’ lower than its existing height. While the proposed addition does increase the
footprint of the rear building, a 29-foot separation is provided between the
proposed addition and the rear building wall of the historic bungalow on the
property. The contemporary design of the addition clearly differentiates it
from the historic residence on the front of the lot, yet it does not overwhelm
the architectural character of the structure or the District because of its
significant 93 foot setback from the street and because it incorporates
numerous architectural elements and materials that complement the District’s
character and respond to the predominant architectural character of the
District. These references include the use of two types of wood siding that add
a compatible material and textural element to the most visible portions of the
structure as viewed from the street and from adjacent properties to the north
and south. The profile of this siding will create a shadow line that reflects
the clapboard siding found on Contributing Structures in the District. The proposed
project also incorporates wood framed fenestration that reflects the
proportions of Contributing buildings in the District; and the incorporation of
roof overhangs that are a characteristic feature of the historic architecture
in the District; and the incorporation of recessed second floor windows on the
north elevation that create visual interest and articulation as viewed from the
street. The building footprint, streamlined form and massing, position on the
parcel, incorporation of significant site landscaping, and its minimal
visibility from
2.
Prior to issuance of building permit, the
applicant shall submit to the Landmarks Commission Secretary for review and
approval final paint color selections for the exterior wood cladding and
stucco.
3.
This Certificate of Appropriateness
shall be in full force and effect from and after the date of the rendering of
the decision by the Commission. Pursuant
to Landmarks Ordinance Section 9.36.170(h), this approval shall expire within
one year if the authorized work is not commenced. Should the applicant be unable to comply with
this restriction, an extension may be granted pursuant to Section 9.36.250 for
an additional 180 days maximum. The
applicant must request such an extension prior to expiration of this
permit. After that time, the applicant
will be required to return to the Commission for approval. In addition, this Certificate of
Appropriateness shall expire if the authorized work is suspended for a 180-day
period after being commenced.
4.
All required Planning and Building
Permit approvals shall be obtained.
ATTACHMENT C
Landmarks Commission
Statement of Official Action
LANDMARKS COMMISSION
OF THE CITY
OF
STATEMENT OF OFFICIAL ACTION
PROJECT
SUBJECT: LC-07CA-004
ADDRESS:
APPLICANT: Mark Woollen
REQUEST: Application for a
Certificate of Appropriateness requesting design approval for a proposed
addition to a Non-Contributing accessory structure located at
LANDMARKS COMMISSION ACTION
1/14/2008_ Date
Approved
based on the following findings and subject to the conditions below.
X
__ Technical Denial
___ Other
The Landmarks Commission held a public hearing
for Certificate of Appropriateness Application 07CA-004 on June 11, 2007, July
9, 2007 and January 14, 2008. At the
January 14, 2008 meeting of the Landmarks Commission, a motion was made to
approve the Certificate of Appropriateness application. The motion to approve
the project failed by a vote of 3-2 and therefore the Certificate of
Appropriateness application was technically denied.
VOTE:
Ayes: Berley, Kaplan,
Nays: Bach, Chair Fresco
Abstain: Genser,
Lehrer
Absent: None
NOTICE
If this is a final decision not subject to
further appeal under the City of
I hereby certify that this Statement of
Official Action accurately reflects the final determination of the Landmarks
Commission of the City of
_
____________________
Nina Fresco, Chairperson Date
ATTACHMENT D
Landmarks
Commission Minutes:
June
11, 2007, July 8, 2007, January 14, 2008
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MINUTES
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SPECIAL MEETING OF THE LANDMARKS COMMISSION Founded 1875 “Populus felix in urbe felici” |
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Monday, June 11, 2007 6:00 PM |
City Council Chambers, Room 213 |
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CALL TO ORDER OF THE SPECIAL MEETING OF THE LANDMARKS COMMISSION: The
meeting was called to order at 6:06 pm.
1.
ROLL
CALL:
Present: Margaret Bach
John Berley
Nina Fresco, Chairperson
Roger Genser
Barbara Kaplan, Chair Pro Tempore
Ruthann Lehrer
Ruth Shari
Also Present: Kevin McKeown, City Council Liaison
Susan Umeda, Staff Assistant III
10-D. Certificate of Appropriateness Application 07CA-004,
Commissioner Genser recused himself as he owns
property within 500 feet of
The Commissioners made ex parte communication disclosures.
Ms. Tanemori presented the
staff report. Staff advised the
Commission that the project could be approved as there were draft findings for
approval contained in the staff report.
However, if the Commission found that the project was not ready for
approval, staff recommended the following actions: [1] the Commission should
provide the applicant with specific design recommendations to improve the
proposal; and [2] the public hearing should be continued after the Commission
heard public testimony and the Commission had discussion of the project to
allow the applicant to respond to the direction provided.
Commissioner Lehrer asked
staff if the Commission had authority over fence materials. Ms. Tanemori responded that side and rear
yard fences were subject to a Certificate of Exemption only; therefore, the
Commission did not have purview over the fence design.
The following members of the
public addressed the Commission: Michael Folonis, who
represented the applicant, Bea Nemlaha, Karen Blechman, James Bianco, Lisa
Mead, Jake Johannsen, Anthony Ackard,
David Gibbs, Deborah Levin, Leona Marolo, Tony Haig, Candra Docherty, Larry Graber, Dan Freund, and Scott
Campbell, spoke in opposition to the project. Erin Fotos
spoke in favor of the project. Ken Kutcher and Michael Folonis gave
the rebuttal to public testimony.
Commissioner Bach explained
that while she is comfortable in principle with the insertion of a contemporary
structure within a historic district provided that the structure was designed
in a modest way given that it responds to its context and consideration is
given to its visibility and lines of site.
However, she also acknowledged that there is intense disagreement in the
community over the applicant’s proposal.
Commissioner Lehrer stated
the Secretary of the Interior’s Standards do not address historic districts and
do not provide guidance for cases when changes are proposed in a district. She agreed that the community’s opposition to
the project is significant and that and that while the design for the structure
is a beautiful example of modernist architecture, the project does not meet the
criteria outlined in the Third Street Neighborhood Historic District Guidelines
and is out of context for the District, which is a very special place. She also stated that the building would be
highly visible from the street; that the scale is not appropriate for a rear
building in the District; and the proposed block wall is very troubling.
Commissioner Berley inquired whether Commissioner Lehrer’s evaluation of
the proposal would be different if the building were to be invisible from the
street. Commissioner Lehrer stated that
if the building were not at all visible it would be easier to accept. However,
that is not the case and furthermore, neighbors to the north and south spoke to
the Commission about the visibility of the structure from their properties.
Commissioner Lehrer also stated that in terms of finding ways to address changes
within the greater context of district, the Commission should be evaluating a
project proposal such as this, to see that it is responsive to its context
within a modernist vocabulary. However,
this project, as currently proposed, is not responsive to its context.
Chair Pro Tempore Kaplan
stated that she spent time studying the proposal and the neighborhood very
carefully and she felt that the impact on the character of the neighborhood was
not substantial enough to reject the project. She explained that her
understanding of the District is that it is not strictly speaking a ‘period
village’, that the layering of history is important part of the District’s
character. Furthermore, the building would not have an impact on the
contributing building on the site; the project would not be that visible from
the street; and would not change the character of the District as viewed from
the street.
Chair Fresco noted that she
studied the site and the proposal carefully and felt that the overall approach
was acceptable. However, the area of
most concern was the massing of the cantilevered bedroom addition and the sense
that it is crowded behind the front house.
She stated that the use of glass made portions of the building more
transparent and blend into the hillside, but that portions of the building
would be visible from the street. The use of white stucco made the cantilevered
portion of the building unnecessarily stand out.
Commissioner Shari observed
that it appears that there are more restrictions for someone who lives in a
historic district than for someone who owns an individual Landmark property.
She noted that in a district there could be more neighborhood emphasis on
preserving rather than evolving. She also stated that an owner should be able
to change a non-contributing structure within a historic district as long as
the owner did not violate zoning ordinances.
Commissioner Shari stated that the existing non-contributing structure
seemed a little bit awkward.
Commissioner Bach noted that
refinement of the design might be appropriate given all of the comments and
discussion. The refinement could be done in areas such as the materials,
textures and colors.
Commissioner Berley that he is concerned about the level of controversy
this project is generating in the community.
He suggested that the project could be revised so that the limited
portions of the building that one could see from the street, if any part of the
building is really going to be seen, is done in a modest, quiet way.
Commissioner Berley also stated that he is a
proponent of the perspective that communities and historic districts need to
change and that compatibility is developed, it should reflect that evolution,
and it must incorporate differentiation. Carefully studied and executed
differentiation is vital to the preserve the historic integrity of a property
or a district. However, the community’s voice would also need to be heard in
this process.
Commissioner Berley made a motion to continue the meeting past 11:00
pm. Chair Pro Tempore Kaplan seconded
that motion which was approved by voice vote.
Chair Fresco suggested that
the use of more earth-tone colors that would blend into the hillside and
natural materials such as wood might help soften the impact of the
building. She also suggested that the
scale of the cantilevered portion of the structure should be reduced and that
some use of bungalow vocabulary would help.
Commissioner Lehrer stated
that the direction of the project should be revised as follows: [1] the structure
should be less visible; [2] the structure should be less differentiated; and
[3] the scale and materials should blend in with structures adjacent to the
site.
Commissioner Bach noted that
the use of glass could reduce the impact of the structure much better than a
solid wall or a wall punctured by multiple window openings.
Chair Fresco asked Mr. Folonis if the Commission had given him enough direction to
make appropriate changes to the project.
Mr. Folonis responded that he had enough
direction from the Commission to execute a design that would be more acceptable
to the community than the one presented during the meeting. He asked that he
not be required to attend another Citizen Participation Committee meeting since
he did have enough direction from the Commission.
Commissioner Lehrer made a
motion to continue this item.
Commissioner Bach seconded the motion which was approved by voice vote.
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MINUTES
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REGULAR MEETING OF THE LANDMARKS COMMISSION Founded 1875 “Populus felix in urbe felici” |
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Monday, July 9, 2007 7:00 PM |
City Council Chambers, Room 213 |
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CALL TO ORDER OF THE REGULAR MEETING OF THE LANDMARKS COMMISSION: The
meeting was called to order at 7:03 pm.
2.
ROLL
CALL: Present: Margaret Bach
John Berley
Nina Fresco, Chairperson
Roger Genser
Barbara Kaplan, Chair Pro Tempore
Ruthann Lehrer
Ruth Shari
Also
Present:
Susan Umeda, Staff Assistant III
Absent: Kevin McKeown, City Council Liaison
9-B. Certificate of Appropriateness Application 07CA-004,
Commissioner Genser recused himself as he owns
property within 500 feet of the
The Commission made ex parte communication disclosures.
Ms. Tanemori presented the staff report. Staff noted that the design met the Third Street Neighborhood Historic District Design Guidelines and Landscape Survey in regard to additions to non-contributing structures in a historic district; however, staff advised that a revised color palette of greens or grey-browns with bronze undertones would be more appropriate for the project. Ms. Tanemori advised the Commission that the Citizens Participation Committee still expressed strong concerns about the project.
The following members of the public addressed the Commission: Michael Folonis (on behalf of the owner), Andrea Galvin, Ken Kutcher, Scott Campbell, Adam Finkel, Lisa Langolis, Larry Graber, Karen Blechman, Tony Haig, and Bea Nemlaha. Most of the members of the public did not support the project.
Mr. Kutcher presented a rebuttal to the public testimony.
Commissioner Bach stated that there is a strong tradition of juxtaposing modern buildings within a historic context and there are many well known, beautiful examples of how this approach has worked well. However, in this case, she stated she has gone back to review the Design Guidelines to help her evaluate the proposed project.
Commissioner Lehrer noted that the neighborhood did not support the project and that the District was formed through a community process led by those who have a stake in protecting the neighborhood’s history. She also stated that the design, within the context of a historic district, does not meet the Third Street Neighborhood Historic District Design Guidelines and Landscape Survey in terms of its scale, mass, materials, fenestration, and siding.
Chair Pro Tempore Kaplan asked staff if the design guidelines would be applied differently for a non-contributing building. Senior Land Use Attorney Rosenbaum responded in the affirmative and also noted that the findings are different – less stringent – for a project that involves work to a non-contributing versus a project that includes work to a Contributing Structure in the District.
Chair Pro Tempore Kaplan stated she felt the Commission’s role was to evaluate whether the architect made the changes requested by the Commission at the first hearing. She also stated that the structure would not be as massive as some have perceived it to be in comparison to the mass of the existing accessory building. Based on her recent site visit and evaluation of the proposal from the adjacent properties, the project would have a negligible visual impact on the properties to the north and south. She noted that portions of the structure would be visible from the street but that it would not create a visual impact to the extent that it would destroy the character of the neighborhood.
Chair Fresco stated that a modern structure could be constructed in a historic district; however, the non-contributing structure must not overpower the historic building. She stated that the revisions to the project were minimal and that some reference to the bungalow style should have been incorporated into the design. Chair Fresco stated that she could not approve the Certificate of Appropriateness as presented. However, she also noted that she was not impressed with the examples presented by the neighbors of what they considered to be more compatible projects.
Because the project involved modifications to an accessory building, Commissioner Berley noted that there should be more flexibility in reviewing the appropriateness of the changes to the structure. He noted that the design of the project was strong as it would evoke the time in which it was constructed. However, he stated that the project may need to have a more modest presence and that the Commission should give the applicant additional design guidance.
Commissioner Lehrer noted that the project would be the primary structure as it would be twice the size of the historic building in front.
Commissioner Lehrer noted that since the Third Street Neighborhood Historic District is very small, it is more delicate than larger historic districts. If the project were not in a very small and highly consistent historic district, it would be easier to accept the juxtaposition of a modern building with a historic building.
At this point, Commissioner Berley made a motion to continue the meeting past 11:00 pm. Chair Pro Tempore Kaplan seconded the motion which was approved by voice vote.
Chair Pro Tempore Kaplan explained that the Contributing Structure on the site is being protected as the project would affect only the non-contributing building. She also noted that historic structures are protected if they are located within a historic district; if they are not located in a historic district, the historic structures could be demolished. Chair Pro Tempore Kaplan stated that the standards for additions to non-contributing structures in a historic district should treated with the same flexibility that is afforded to how individual landmarks are reviewed when new construction is proposed on site.
Commissioner Bach stated that she would like to see more adventure with regard to additions to the fabric of the neighborhood as opposed to the examples provided from members of the public to illustrate more compatible projects. She suggested that the project be continued.
Commissioner Lehrer noted that there were a wide range of interpretations regarding the differentiation between old and new structures within a historic district. In this case, she noted that the design was very modern and beautiful; however, the differentiation was too extreme and incompatible in this neighborhood. Commissioner Lehrer stated that the project should have included some reference to the predominant architectural character of the neighborhood.
Commissioner Berley noted that the new structure should be evocative of the time when it was constructed. He stated that the design should also draw upon elements such as wood siding in order to create visual harmony between both buildings.
Mr. Folonis requested that the Commission continue this item and asked the Commission to clarify the changes that need to be made to the project. Chair Fresco responded that the Commission would like to see the concepts which were discussed during the meeting incorporated into the design of the structure.
Commissioner Lehrer asked Mr. Folonis why the non-contributing structure was being remodeled rather than demolished. Mr. Folonis responded that a new building would need to be constructed at least ten feet closer to the street and that would make it even more visible from the street, as opposed to the current design which is a remodel of the existing building in its original location with the majority of the addition being placed behind the Contributing Structure.
Commissioner Bach made a motion to continue this item. Commissioner Shari seconded the motion.
The motion was approved by the following vote:
AYES: Bach, Berley, Fresco, Kaplan, Lehrer,
ABSTAIN: Genser
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MINUTES
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REGULAR
MEETING OF THE
LANDMARKS
COMMISSION
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Founded 1875 “Populus felix in urbe felici” |
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Monday, January 14, 2008 7:00 PM |
City Council Chambers, Room 213 |
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CALL TO ORDER OF THE REGULAR MEETING OF THE
LANDMARKS COMMISSION: The meeting was called to order at 7:10 pm.
3.
ROLL
CALL:
Present: Margaret Bach
John Berley
Roger Genser
Nina Fresco, Chairperson
Barbara Kaplan, Chair Pro Tempore
Ruthann Lehrer
Ruth Shari
Also Present: Kevin McKeown, City Council Liaison
Susan Umeda, Staff Assistant III
8-C. Certificate of Appropriateness Application 07CA-004,
Commissioner Genser recused himself as he owns
property within 500 feet of
The Commission made ex parte communication disclosures.
Ms. Tanemori presented that
staff report. Staff recommended the
approval of the Certificate of Appropriateness 07CA-004 based upon the draft
findings in the staff report.
Commissioner Bach asked
staff to explain why staff used the guidelines for additions as opposed to the
guidelines for new construction. Ms.
Tanemori explained that the proposal is for an addition to the existing
structure in the rear yard and the guidelines state that “there are two
different approaches to the problem of inserting a new structure in a historic
district. The first guideline concerns
small scale additions or modifications to existing structures. The second concerns new freestanding
buildings replacing non-contributing buildings.” She noted that the guidelines go on to
discuss second floor additions, strategies for larger additions and strategies
for small additions. The next section of
the guidelines relates to new construction which is defined as new freestanding
buildings replacing non-contributing structures. She stated that based upon this review and
based on the fact that an addition is proposed to an existing building, staff
applied the guidelines for additions.
Mark Woollen,
the project applicant, and Michael Folonis, project
architect, addressed the Commission; Mr. Folonis made
a presentation of the project and also presented rebuttal to public testimony.
The following members of the
public spoke in opposition to the project: Michael Bianco, Jim Bianco,
Dorothy E. Thatcher, Richard Orton, Scott Campbell, Bruce Johnston, Sherrill
Kushner, Naresh Mehra,
Karen Blechman, Corey Blechman,
Mitchell Lachman, Lisa Langois,
Maria Godfrey (presented CPC report), Candra
Docherty, Larry Graber, Joe Natoli, Tom Cleys, Robert Ulrich, Peter Mullins, Andrew Gledhill, Tony
Haig, and Kate Holt.
The following members of the
public spoke in support of the project: Alia Little, James Ditter,
Ian Kely, Burton Meyers, Susan Kelly, Melody White,
Erin Fotos, Courtney Jones, Julie Eizenberg,
Eric Parlee, and Gwynne Pugh.
Commissioner Shari commented
that she appreciated the changes that were made to the project. Commissioner Shari asked Mr. Folonis to what extent does design merge the interior and
exterior landscape on the south as it is looks a little monolithic. Mr. Folonis
referred to the materials which he provided to staff and explained the
elevations to the Commission and also provided information about how the
proposed addition is situated in relation to the existing rear structure on the
adjacent parcel.
Commissioner Bach made a
motion to continue the meeting past 11:00 pm.
Commissioner Berley seconded the motion. The motion was approved by voice vote.
Chair Fresco stated that
four Commissioners must approve the project for the Certificate of
Appropriateness to be approved.
Chair Pro Tempore Kaplan thanked staff for their
report as it clarified many issues for her.
She stated that she can support the project because it is a
well-designed and restrained modern addition to a beautiful historic district. Additionally, she appreciated the fact that
the owner will make a significant investment to restore the historic bungalow
on the front of the lot. She also
explained that the dialogue between the new building and the existing bungalow
has improved. She stated that the
materials are similar to materials found within the district and that the scale
of materials is complimentary to the clapboard siding on many buildings in the
district. She stated that the color is
compatible. Chair Pro Tempore Kaplan
also stated that the scale of the proposed addition is 1 ½ feet below the
height of the existing non-contributing structure and its overall massing has
been reduced from the previous submittal.
Chair Pro Tem Kaplan stated that the structure will be minimally visible
from the street and that the part of the building which will be visible will
not have a negative impact on the character of the district. She also explained that since the addition
will be to the non-contributing structure on the parcel, the project will not
impact the historic building and is also a reversible change to the
property. She recommended that, as a
condition of approval, the landscape should be planted before the Certificate
of Occupancy is issued.
Commissioner Shari explained
that there is a concern among non-supporters about protecting the historical
integrity of the existing contributing structure on the property and its
environment. However, she stated that the addition is proposed to the existing
non-contributing structure that does nothing to reinforce the fabric of the historic
district. She stated that the project
has been improved in terms of its scale and massing and the choice of materials
– many of which are sustainable. Commissioner Shari also stated that the
applicant has made far more than a very reasonable attempt to change the
project to be more compatible to the district; in fact they have gone beyond a
reasonable attempt in terms of compatibility.
She stated that the project does incorporate tasteful materials and the
project will be in keeping with its surroundings. She noted that some members
of the public suggested that, if the project is approved by this Commission,
the approval would open up a floodgate for every modernist contemporary design
to be constructed in the historic district which would violate the
guidelines. She stated that this
hypothesis is not a justifiable apprehension because all projects are reviewed
on a case-by-case basis. Commissioner
Shari stated that she supports the project and agreed with Chair Pro Tempore
Kaplan in regard to the landscape.
Commissioner Berley stated that creating incentives, such as the Mills
Act, for members of the community to landmark their property is an area of
great significance to the Commission. He
added that flexibility is another incentive; if the Commission allows a
historic resource to have some flexibility, then there will be greater
incentive to protect and improve the structure.
Commissioner Berley explained that while he
appreciates the presentation made by neighbors showing images of important characteristics
of the district, none of the images showed structures at the rear of these
parcels, nor could rear structures be seen in these images of the primary
contributing buildings. Commissioner Berley stated his review of the project centers on the fact
that it consists of an addition to a non-contributing structure that is not on
the street; rather it is located on the rear of the parcel and the sightline of
that non-contributing structure will not be altered. Commissioner Berley stated that he supports the project because it will
be minimally visible from the street since the project is set back 93 feet from
the street and the sightline is restricted.
He also stated that this project will be a contribution to the district
in a manner that safeguards the quality and character of the district – which
is defined by what you feel and see while you are on the street. He added that he also supports Chair Pro
Tempore Kaplan’s additional condition.
Chair Fresco stated that the
most important incentive to a historic district is the preservation of the
district; flexibility is not an incentive.
Chair Fresco noted that the revised project with wood siding is a great
improvement from the last version; however, she stated that there were still
problems with the project. She stated
that the cantilevered portion of the addition comes forward too close to the
existing historic bungalow and that even though you will not be able to see the
windows on this portion of the structure from the street, she imagines them to
be like little ‘teeth’ ready to bite the historic building. Chair Fresco stated
while she has not been in the backyard of many properties in the district, she
did look into the backyards of several properties and saw barn-like structures
behind residences in the district.
Chair Fresco stated the
Commission had given the applicant a chance to revise the project to conform to
the guidelines for the district. She also stated that the applicant made an
effort to conform since they added the beautiful wood siding that very cleverly
reflects materials in the district in a modern way. However, she stated that in addition to the
wood siding, the only aspect other aspect of the project which reflects other
features of the neighborhood is the expanses of glass which still do not have
enough divisions. She stated that features of the whole neighborhood should be
reflected in new projects; however, because this is a building on a lot which
shares the parcel with a historic building, the historic building should dictate
which features the non-contributing building needs to reflect. She stated that the flat roof resembled the
contributing Spanish-Colonial Revival buildings, not a bungalow. Chair Fresco reported that she had spoken to
Michael Folonis, the architect on the project,
regarding eaves, rafter tails, and divided lights; she stated that the features
that were discussed were not incorporated into the new design. She stated that the inset window with the
overhang did not look like an eave and was not compatible with any of the
bungalows. She stated that the three
refinements listed in the staff report were not addressed in the revision. She
noted that the Commission made a reasonable effort to give the applicant an
opportunity to comply.
Commissioner Bach stated
that this has been an amazing journey; and that a huge amount of effort and
goodwill and good effort has gone into this project. She stated that based on her understanding of
the district, the east side of
Chair Pro Tempore Kaplan
stated that she felt that a case could be made for compatibility or
non-compatibility in any framework and that the neighbors who are objecting to
the project are looking at this issue from a limited, more traditional
perspective, probably not an architecturally trained perspective. She stated that
she is the licensed architect on the Commission so the perspective she
contributes to the discussion will be that from of a licensed architect. She explained that the architect has made
some larger revisions, such as material selection, to create a dialogue between
the old and the new which makes the project more compatible with the
neighborhood. She stated that the
architect also made more subtle modifications that address the proportion of
windows. The amount of glass that was in the original proposal has been scaled
down and the proportions and details of the glass are a contemporary version of
a historic framed window detail. She
stated that the proportion of the windows make a very subtle transition between
the front bungalow, the previously approved addition to the front house and the
proposed addition to the rear structure. The proportion of the windows on the
new addition have a slightly larger proportion but still relate to the
proportions of existing bungalow in a more modern manner. She noted that there is an innate harmony
between the new addition and the historic building and that from any view of
the addition you can see the compatibility and quiet relationship between both
buildings. She stated that she supports
the project and that people who are opposed to the building may like the
building more once it is built since at this point they cannot imagine what it
will be.
Commissioner Bach stated she
is very appreciative of the elevation strategies, the material treatment and
window treatment. She stated that the
proportional aspect of the project is done in a very skilled way. She stated that she is not satisfied with the
actual massing and shape of the building, especially the flat roofline. She
stated that her greatest hesitation revolves around the roofline. She stated that there should be a gesture to
a sloped roof that would pull everything together and create a greater sense of
harmony and compatibility, even in the context of modernism. She stated that it
should be possible to bring a modernist spirit to a building with a bit more of
a gentle acknowledgement of a variation of rooflines, especially in this
section of the district.
Commissioner Berley stated that the applicant’s current proposal
responds to the Commission’s previous suggestions that are outlined in the
staff report and contained in the public record. Commissioner Berley
stated it would not be appropriate for the Commission to request additional
modifications at this point, in particular when those changes were not
articulated by the Commission the two previous times the project was discussed.
He explained that he felt the Commission already had time to articulate its
concerns and he is troubled by the idea of requesting additional changes at
this stage.
Chair Fresco stated that she
felt that the three suggestions made by the Commission were not met even though
the changes that were made did improve the project. She further explained that
she was not satisfied with the way the other suggestions were addressed by the
applicant.
Commissioner Berley explained that, for example, a recommendation to
modify the roofline is now being discussed when no direction was given by the
Commission during the two previous public hearings regarding changes to the
roofline. He again stated that based on the direction provided by the
Commission at the previous two meetings, the applicant has already responded to
the Commission’s requests as outlined in the staff report by reducing the
proposed building height and square footage; the cantilevered portion of the
building has been reduced; and modifications have been made to fenestration,
building materials and roof overhangs.
Chair Fresco stated that the
Commission had asked for more references to the predominant architectural
character of the district. She noted
that the applicant added the siding; however, she stated that the structure
still did not relate to the architectural character of the district. For instance, Chair Fresco noted that the
indented window is not an eave, the mass and scale of the structure did not
really change, and the north side of the cantilever was moved over three feet
but the cantilever is still highly visible from the sidewalk.
Chair Pro Tem Kaplan and Commissioner Berley both stated that they disagree that the cantilevered
portion would be visible from the street.
Chair Pro Tem Kaplan also stated that a portion of it would be visible
from the yard but that is not their purview.
Commissioner Berley made a motion to approve Certificate of Appropriateness
07CA-004 with the condition that the landscape would need to be in place before
the Certificate of Occupancy is issued.
Chair Pro Tempore Kaplan seconded the motion.
A roll call was held for the motion:
AYES: Berley, Kaplan,
NAYS: Bach, Fresco
Senior Land Use Attorney
Rosenbaum stated that approval is technically denied because there were not
four votes approving the project.
ATTACHMENT E
Landmarks
Commission Staff Reports and Hearing Submittals:
June
11, 2007, July 8, 2007, November 12, 2007, January 14, 2008
Electronic version of attachment is not available for review. Document is available for review at the City clerk’s Office and the Libraries.
ATTACHMENT
F
Third
Street Neighborhood District Design Guidelines (1992)
Electronic version of attachment is not available for review. Document is available for review at the City clerk’s Office and the Libraries.
ATTACHMENT
G
Memorandum
from PCR Services Corporation, May 23, 2007
Electronic version of attachment is not available for review. Document is available for review at the City clerk’s Office and the Libraries.
ATTACHMENT
H
Memorandum
from Urban Studio, April 1, 2008
Electronic version of attachment is not available for review. Document is available for review at the City clerk’s Office and the Libraries.
ATTACHMENT
I
Architectural
Plans and Renderings & Additional Documentation from Appellant
Electronic version of attachment is not available for review. Document is available for review at the City clerk’s Office and the Libraries.