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 2617 Third Street.

 

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 2617 Third Street based on the draft findings contained in this staff report.


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 2617 Third Street. Revisions to the project have resulted in a 232 square foot reduction in proposed floor area; the applicant now proposes a 1,213 square foot addition. The property is located on the east side of Third Street between Ocean Park Boulevard and Hill Street in the Third Street Neighborhood Historic District.

 

 

 

 

 

 

 


 

Text Box: Third Street Neighborhood Historic District boundaries (left); Primary residence at 2617 Third Street (right)

 

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 Third Street include bungalows with Craftsman and Victorian influences, an example of an American Foursquare style residence, and Spanish Colonial/Mission Revival style structures.

Text Box:                      
Non-Contributing Structure viewed from the sidewalk (left); Rendering of proposed project viewed from the sidewalk (right)

 

Text Box:                      
Rendering of the proposed addition in context with existing rear-yard accessory structures on adjacent parcels

Third Street Neighborhood Historic District Standards & Design Guidelines

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 Third Street. A 29-foot separation is provided between the proposed addition and the rear building wall of the main residence on the parcel.  The proposed project responds to the topographic conditions of the site to ensure that the building does not exceed the maximum permitted height in the OP-2 Zoning District measured from Theoretical Grade (23’-0” for a flat roof and 30’-0” for a pitched roof).

Text Box:  Proposed site plan for 2617 Third Street

 

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.

Text Box:         Line of site exhibit for proposed project at 2617 Third Street

 

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 2617 Third Street is contained in subsection (3) since it addresses “proposed work to a noncontributing building or structure…” 

 

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 Third Street Neighborhood Historic District Design Guidelines

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 2617 Third Street since the subject addition is to a Non-Contributing Structure.

 

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 California bungalows be the only contributing structures against which compatibility must be assessed or that any specific building form or architectural detail is necessary to produce a compatible design. 

 

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). 

Text Box: Contributing Structures in the District: 245 Hill Street (left); 2545 Second Street (center); and 231 Hill Street (right).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 231 Hill Street, 245 Hill Street, 2627 3rd Street, 2637 Third Street, and 2614 Second Street. Therefore, it is appropriate to allow two stories the on property, provided that the design of the proposed structure does not overwhelm District contributing properties.

 

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 Third Street.  Furthermore, the proposed addition has been designed to be compatible with but not duplicative of the existing structure, and per the District Guidelines for additions, compatible with the overall scale and proportion of the existing structure. 

 

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, and Third Street Neighborhood Historic District Design Guidelines.  Based on this review, Urban Studio affirmed that proposed project will not impact the historic character of the Third Street Neighborhood Historic District as seen and experienced from the public right-of-way as a result of its significant setback from the street and because the overall building envelope that will be visible from the street will be substantially the same or less than the existing rear structure on site.  Furthermore, in its review of the project, Urban Studio concluded that the renderings provided by the applicant present a substantially accurate representation of the project and its design components. Consideration of a modified color palette for the proposed wood siding has been suggested by Urban Studio and is addressed as a staff-recommended condition of approval on page 21 of this report.  Correspondence from Urban Studio is provided as Attachment H.

 

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 California bungalow and American Colonial Revival architecture in the District. The wood cladding also helps to create a more consistent visual rhythm to the property as viewed from the street and from the properties to the north and south.

 

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:

Roxanne Tanemori, AICP, Associate Planner

 

Approved:

 

Forwarded to Council:

 

 

 

 

 

 

Eileen P. Fogarty

Director, Planning and Community Development

 

P. Lamont Ewell

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.                 Third Street Neighborhood Historic District Design Guidelines and Landscape Survey (1992)

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 2617 Third Street is included within the list of work enumerated in Section 9.40.020(b).

 

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 Third Street, allows the building to have no impact on the overall visual character of the District. Furthermore, the proposed addition is designed to be compatible with but not duplicative of the existing structure, is compatible with the overall scale and proportion of the existing structure, utilizes compatible materials such as two types of wood siding, stucco, and wood framed windows, and also remains primarily  hidden from the pedestrian’s view from the street. In addition, the proposed project meets the guidelines established for additions to existing Non-Contributing structures in the District set forth in the Third Street Neighborhood Historic District Design Guidelines.

 

 

DRAFT CONDITIONS

 

1.               This approval is for proposed project at 2617 Third Street as shown on plans dated January 14, 2008, which are on file in the City Planning Division, except as amended herein. 

 

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 SANTA MONICA

 STATEMENT OF OFFICIAL ACTION

 

 

PROJECT

 

 

SUBJECT:                 LC-07CA-004

 

ADDRESS:               2617 ½ Third Street   

 

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 2617 ½ Third Street, a property located within the Third Street Neighborhood Historic District.

 

 

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, Shari

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 Santa Monica Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1400.

 

I hereby certify that this Statement of Official Action accurately reflects the final determination of the Landmarks Commission of the City of Santa Monica.

 

 

                                _                                               ____________________                 

Nina Fresco, Chairperson                        Date

 

ATTACHMENT D

 

Landmarks Commission Minutes:

June 11, 2007, July 8, 2007, January 14, 2008

 

 

 

MINUTES

 

SPECIAL MEETING OF THE

LANDMARKS COMMISSION

 

Founded 1875

Populus felix in urbe felici

 

 

 

Monday, June 11, 2007

6:00 PM

City Council Chambers, Room 213

1685 Main Street, Santa Monica

 

 

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

Barry Rosenbaum, Senior Land Use Attorney

Roxanne Tanemori, Commission Secretary

Susan Umeda, Staff Assistant III

 

10-D.  Certificate of Appropriateness Application 07CA-004, 2617 ½ 3rd Street, for design approval of an addition to a non-contributing accessory structure in the rear of the property located within the Third Street Neighborhood Historic District. 

 

Commissioner Genser recused himself as he owns property within 500 feet of 2617-1/2 Third Street.

 

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.

 

 

 

MINUTES

 

REGULAR MEETING OF THE

LANDMARKS COMMISSION

 

Founded 1875

Populus felix in urbe felici

 

 

 

Monday, July 9, 2007

7:00 PM

City Council Chambers, Room 213

1685 Main Street, Santa Monica

 

 

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:         Barry Rosenbaum, Senior Land Use Attorney

                                                                        Roxanne Tanemori, Commission Secretary

                                                                        Susan Umeda, Staff Assistant III

 

                                                  Absent:         Kevin McKeown, City Council Liaison

 

9-B.     Certificate of Appropriateness Application 07CA-004, 2617 ½ 3rd Street, for design approval of an addition to a non-contributing accessory structure in the rear of the property located within the Third Street Neighborhood Historic District. (Continued from the June 11, 2007 meeting)

 

Commissioner Genser recused himself as he owns property within 500 feet of the 2617-1/2 Third Street.

 

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, Shari

ABSTAIN: Genser

 

 

MINUTES

 

REGULAR MEETING OF THE

LANDMARKS COMMISSION

 

 

Founded 1875

Populus felix in urbe felici

 

 

 

Monday, January 14, 2008

7:00 PM

City Council Chambers, Room 213

1685 Main Street, Santa Monica

 

 

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

Barry Rosenbaum, Senior Land Use Attorney

Roxanne Tanemori, Commission Secretary

Susan Umeda, Staff Assistant III

 

8-C.     Certificate of Appropriateness Application 07CA-004, 2617 ½ Third Street, for design approval of an addition to a non-contributing accessory structure in the rear of the property located within the Third Street Neighborhood Historic District.  (Continued from the November 12, 2007 Meeting)

 

Commissioner Genser recused himself as he owns property within 500 feet of 2617 ½ Third Street.  Commissioner Lehrer recused herself as she had written a letter to the Commission which expressed her views on this item which constituted prejudgment of this matter.

 

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 Third Street was the most critically-sensitive aspect of the district.  She stated that she went back to review the standards and the guidelines and the ordinance to see if they offer guidance in how to reach a decision since the Commission has a legal responsibility to interpret and apply the law. Criterion #3 references district character set forth in Section 9.36.290. She explained that in her view, the most significant portion of this section states the character of the district is defined “by the siting of the homes on the east side of Third Street which are set into the slope of the hill.” Commissioner Bach stated that while the project is, in a technical sense, an addition, she stated that in reality it is new construction, and although she cannot legally refer to the project as new construction, those guidelines for new construction should apply.  Commissioner Bach explained that she also goes back to the idea of intent and that the guidelines encourage compatibility with the character of the neighborhood.  While an argument could be made that the project accomplishes compatibility, however, going back to issue of intent and trying to figure out the intent of those who drafted the district design guidelines, her sense is that the project does not have a high degree of compatibility with the neighborhood and that is confirmed by the feedback received from the public.  Commissioner Bach also explained that this is a very curious situation with the existing two-story structure: she stated it lives on a rise and lives in a gap and even though it on the rear of the property, it is quite visible from the street. She stated there will be an impact.  While landscaping will help diminish the visibility, there will be an awareness of this very carefully thought-out, clearly very well articulated structure and it will be very apparent.  Therefore, she stated that she is struggling with this and is inclined to come down on the side of “do no harm” and is inclined to not support the project.

 

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, Shari

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.