In response to concerns raised by the speakers at the planning commission hearing on this matter, please note:

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1 Louis Skelton, Architect December 15, 2011 Re: Pedalers Fork Restaurant Calabasas Road, Calabasas, CA Members of the Calabasas City Council, This letter is written to clarify issues related to the proposed rehabilitation of the existing restaurant site formerly known as Fins Creekside and La Tour Eiffel. The project is located in a CT Zone and the land use is conforming to Calabasas Municipal Code (CMC) Section The existing restaurant use has a conditional use permit for cocktail lounge and the restaurant is permitted by right. All setbacks and development standards are in compliance. The side yard setbacks were established by project review process for Condition Use Permit #95-06 and PC Resolution #95-17 for the 1995 two story addition. A Building Permit #8207 was issued and granted a Certificate of Occupancy on October 19, The City of Calabasas Historic Preservation Commission approved a Certificate of Appropriateness by a vote of 3-1 with one commissioner absent. The commission ruled that the rehabilitation and addition met the requirements of CMC (E) 1.a and 1.b. The one dissenting vote was by a commission member that may have conflict of interest that was not disclosed at the hearing. The member is the President of an association that is opposing the project and actually distributed the attached newsletter online which contains inaccurate information. The Newsletter was approved and distributed by Las Virgenes Homeowner s Federation. The president of the nonprofit organization that writes this newsletter about community issues is the same individual. We are now officially notifying the public that false and misleading info has been circulated and we will demand official corrections. One speaker indicated that there was 90% opposition to the project by the community. Of the approx 20 Calabasas residents or employees that work in Downtown Calabasas at the Planning Commission, 12 were in support of the project and the certificate of appropriateness and 8 against. There were additional speakers on both sides that were not residents of Calabasas. The Calabasas Chamber of Commerce endorsed the project and a petition with over 40 signatures from other residents and neighbors was entered into the public record. The current project does not include any work that would impact the Arroyo Calabasas, commonly called McCoy s Creek to the west of the property. This project proposes to enclose the current common trash dumpsters at the North West corner of the site per city standards. This will contain the trash, paper, plastic and debris that is currently blown into the creek. This is consistent with the Old Town Guidelines for maintaining the creek free of foreign materials. In response to concerns raised by the speakers at the planning commission hearing on this matter, please note: An application for cleaning and maintenance provisions of Calabasas (McCoy s Creek) is included in the scope of work for this project and will comply with all rules and regulations of the California Department

2 of Fish and Game. City Council Ordinance adopted the Creek Master Plan which encourages the strategies for the restoration of access to the creek by the public and use future trails along the creek to provide alternative transportation mode of bicycles. This project furthers these objectives. FEMA map #06037C1267F dated September 26, 2008 designates this parcel as Flood Zone X which is outside the 0.2% annual chance Floodplain. The Los Angeles office of the Army Corps of Engineers has indicated the project does not require permits. A Jurisdictional Determination to support this information will be provided to the Director of Community Development prior to commencement of any work related to the creek or structures along the creek. The Los Angeles County Public Works Department was consulted for review. There are no current proposals that would require a public works permit from their department. One speaker indicated that the development standards required a 100 setback from the Creek per (CMC (D). This section applies only to lots that have slope greater than 10% or that have a ridgeline. This project site has slope less than 2% and no ridgeline so the section does not apply. The same speaker indicated that the Old Town Guidelines require a 40 setback from the creek. This setback was established to allow for a vegetation zone, however it also allows for structures of wood decking, shade structures for outdoor cafes within the vegetation zone and possible bike/pedestrian trial to encourage alternative transportation. (Old Town Guidelines- Page 68 and 69) The issue that the project does not comply with Calabasas Municipal Code Section A.1.related to nonconforming use does not apply since the restaurant use is allowed by right in the CT zone. One member of the public stated the project does not comply with the Old Town Overlay Zone. This overly zone no longer exist and was replaced by the CT Zone District (Ordinance ) The same speaker indicated the project did not comply with Section (A) 1.b related to non contributing buildings in a Historic District. Since there is no designated historic district, this provision does not apply. The permit required in the Scenic Corridor overlay zone is exempt due to the Issuance of a Certificate of Appropriateness (CMC Section (E)) One speaker indicated that the project was required to go before The Architectural Review panel which is advisory on new developments to the planning commission. This project had to meet a higher standard by applying for a Certificate of Appropriateness from the Historic Preservation Commission. They reviewed the architectural design based on the historic resource on the property with input from the public during the public hearing. The project will have no impact on the historic resource since no work is proposed to alter or touch the existing historic resource of Kramer s Store. The addition is fully reversible without damage to the historic resource. The project complies with the Secretary of Interior Standards as required by the Calabasas Municipal Code (CMC Section (A)1)) and (CMC Section ) Which states that

3 any other guidelines the Historic Preservation Commission enacts must be consistent with the Secretary of Interior Standards. As a note: based on the information in the General Plan Study, the Kramer store was originally built in at Ventura and Las Virgenes Roads and relocated to Calabasas location approx 1901 which means it original historical context has been compromised. The photos of the Hunter s Inn indicate that in circa 1914, the siding was horizontal lapped with horizontal rails on the second floor balcony. The current status of the siding is vertical board and batten with fish scales shingles on the upper pediment. The rails of the second floor have been changed to vertical banisters and an exterior stair and door added to the eastern façade. Early photographs of the Justice Tree and Jail from about 1890 do not have the Kramer store in the photo. In my experience, these alterations to the historic resource would make the findings under criteria 3 for State or National Landmark Designation rather difficult. The local designation could still be made on the criteria 4 as to the history of the community. This project includes a proposed rehabilitation of the gazebo and repairs to historic markers on the Gazebo site. The front entrance to the restaurant and the existing front porch will be made accessible to the pedestrian walk ways along Calabasas Road. (Old Town Guidelines page 45) The project includes the addition of two privately financed public access restrooms next to the Farmer s Market. (Public Improvements Old Town Guidelines page 75 and 83) These will designed to meet California and national disabled access requirements and will have an outside entrance. This addition is the majority of additional square footage proposed for the project. Since the Planning Commission hearing of November 29, 2011, the architect and restaurant owner has met with the Appellant on two separate occasions to mitigate the glass wall details along the west façade. The project has had significant changes that changed the street facing portions of the building surface to the same vertical board and batten material as the historic resource. The small extended second floor that was previously glass now has wood siding and wooden divided light windows consistent with the Old Town Guidelines to the extent allowed by the Secretary of Interior Standards. The glass partition at the rear along the creek has been panelized and recessed into dark stained heavy timber structure per the Old Town Guidelines,(pages 15 and 55) The roof overhang of the outdoor dining has been extended and the size of the heavy timbers increased to reduce the amount of glass visible from the public right of way. This solution provides the interior design concept with the outdoor patio and the views of the stream and is consistent with the Secretary of Interior Standards. The colored rendering of the project has been modified incorporating the changes suggested by both the applicant and the appellant. Louis Skelton, Architect Pedalers Fork Restaurant

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64 1 Michelle L. Dornfest, MBA, Governmental Relations E-SOLUTIONS, INC Mulholland Drive, Suite #372 Woodland Hills, CA (818) w (310) f michelledornfest@esolutionsincorporated.com December 14 th, 2011 SUBJECT: PEDALER S FORK PROJECT, LOCATED AT CALABASAS RD, CALABASAS, CA. Council Hearing, December 14 th, 2011 TO: Honorable Members of the Calabasas City Council This letter is written to address issues which we hope will be clarified at the City Council Hearing on December 14 th, 2011; regarding the proposed new restaurant, Pedaler s Fork. QUESTION: As residents of Calabasas, and active members of the Chamber of Commerce, we would like to ask the City Staff, if it will be possible for the applicants to engage in a question/answer session with the Council, during the December 14 th Hearing, on their project. We have watched many successful projects go through the development process in this City. In particular, we observed that during the initial phases of Council review of the Saffron Project in Old Town, Calabasas; the applicants were given the opportunity to discuss the project fully, by responding to questions from the Council, during the Hearing. It is important to note, that the applicant, Pedaler s Fork, appears to have now satisfied the concerns of the appellant. The appellant is expected to express her agreement with the applicant s project updates, directly at the Hearing tonight. We hope that the applicant and the appellant will have the opportunity to describe the updated appearance of the project rendering and plans, to the Council and to the community. Both the appellant and the applicant, seem to agree that the project fits with the style and character of Old Town, Calabasas; and there appears to be little, if any, remaining issues of concern. Pedaler s Fork, December 14, 2011, Council Hearing, Calabasas

65 2 PROJECT HIGHLIGHTS It should be noted that the OLD TOWN CALABASAS MASTER PLAN AND DESIGN GUIDELINES Adopted by City Council Resolution N March 16, I994 state as follows: The guidelines recognize(s) Old Town as an important cultural resource and establish(es) Old Town as a historic retail downtown for the City Furthermore, the guidelines state: Traffic speeds within "Old Town shall be carefully regulated to maintain the character of the area. Boardwalks and rail fencing shall be encouraged to separate vehicle and pedestrian movements. Provisions shall be made tor adequate bicycle facilities in Old Town... Pedestrian connections to adjacent retail areas are also being encouraged. Preferred land uses with a focus on business retail use are being identified for undeveloped or under developed properties in Old Town. Pedaler s Fork, December 14, 2011, Council Hearing, Calabasas

66 3 The project is located in a CT Zone and the land use is conforming to Calabasas Municipal Code (CMC) Section The existing restaurant use has a conditional use permit for cocktail lounge and the restaurant is permitted by right. All setbacks and development standards are in compliance. The side yard setbacks were established by project review process for Condition Use Permit #95-06 and PC Resolution #95-17 for the 1995 two story addition. A Building Permit #8207 was issued and granted a Certificate of Occupancy on October 19, The City of Calabasas Historic Preservation Commission approved a Certificate of Appropriateness by a vote of 3-1 with one commissioner absent. The commission ruled that the rehabilitation and addition met the requirements of CMC (E) 1.a and 1.b. The current project does not include any work that would impact the Arroyo Calabasas, commonly called McCoy s Creek to the west of the property. This project proposes to enclose the current common trash dumpsters at the North West corner of the site per city standards. This will contain the trash, paper, plastic and debris that is currently blown into the creek. This is consistent with the Old Town Guidelines for maintaining the creek free of foreign materials. An application for cleaning and maintenance provisions of Calabasas (McCoy s Creek) is included in the scope of work for this project and will comply with all rules and regulations of the California Department of Fish and Game. City Council Ordinance adopted the Creek Master Plan which encourages the strategies for the restoration of access to the creek by the public and use future trails along the creek to provide alternative transportation mode of bicycles. This project furthers these objectives. (FEMA map #06037C1267F dated September 26, 2008 designates this parcel as Flood Zone X which is outside the 0.2% annual chance Floodplain). The Los Angeles office of the Army Corps of Engineers has indicated the project does not require permits. A Jurisdictional Determination to support this information will be provided to the Director of Community Development prior to commencement of any work related to the creek or structures along the creek. The Los Angeles County Public Works Department was consulted for review. There are no current proposals that would require a public works permit from their department. At the Planning Commission, a speaker indicated that the development standards required a 100 setback from the Creek per (CMC (D). This section applies only to lots that have slope greater than 10% or that have a ridgeline. This project site has slope less than 2% and no ridgeline so the section does not apply. The same speaker indicated that the Old Town Guidelines require a 40 setback from the creek. This setback was established to allow for a vegetation zone, however it also allows for structures of wood decking, shade structures for outdoor cafes within the vegetation zone and possible bike/pedestrian trial to encourage alternative transportation. (Old Town Guidelines- Page 68 and 69). Pedaler s Fork, December 14, 2011, Council Hearing, Calabasas

67 The issue that the project does not comply with Calabasas Municipal Code Section A.1.related to nonconforming use does not apply since the restaurant use is allowed by right in the CT zone. One member of the public stated the project does not comply with the Old Town Overlay Zone. This overlay zone no longer exist and was replaced by the CT Zone District (Ordinance ). The same speaker indicated the project did not comply with Section (A) 1.b related to non-contributing buildings in a Historic District. Since there is no designated historic district, this provision does not apply. The permit required in the Scenic Corridor overlay zone is exempt due to the Issuance of a Certificate of Appropriateness (CMC Section (E)). One speaker indicated that the project was required to go before The Architectural Review panel which is advisory on new developments to the planning commission. This project had to meet a higher standard by applying for a Certificate of Appropriateness from the Historic Preservation Commission. They reviewed the architectural design based on the historic resource on the property with input from the public during the public hearing. The City Staff and the Project Architect who specializes in Historic Resource Preservation determined that the project will have no impact on the historic resource since no work is proposed to alter or touch the existing historic resource of Kramer s Store. The addition is fully reversible without damage to the historic resource. The project complies with the Secretary of Interior Standards as required by the Calabasas Municipal Code (CMC Section (A)1)) and (CMC Section ) Which states that any other guidelines the Historic Preservation Commission enacts must be consistent with the Secretary of Interior Standards. As a note: based on the information in the General Plan Study, the Kramer store was originally built in at Ventura and Las Virgenes Roads and relocated to Calabasas location approx 1901 which means it original historical context has been compromised. The photos of the Hunter s Inn indicate that in circa 1914, the siding was horizontal lapped with horizontal rails on the second floor balcony. The current status of the siding is vertical board and batten with fish scales shingles on the upper pediment. The rails of the second floor have been changed to vertical banisters and an exterior stair and door added to the eastern façade. Early photographs of the Justice Tree and Jail from about 1890 do not have the Kramer store in the photo. In his experience, these alterations to the historic resource would make the findings under criteria 3 for State or National Landmark Designation rather difficult. The local designation could still be made on the criteria 4 as to the history of the community. This project includes a proposed rehabilitation of the gazebo and repairs to historic markers on the Gazebo site. The front entrance to the restaurant and the existing front porch will be made accessible to the pedestrian walk ways along Calabasas Road. (Old Town Guidelines page 45). The project includes the addition of two privately financed public access restrooms next to the Farmer s Market. (Public Improvements Old Town Guidelines page 75 and 83) These will designed to meet California and national disabled access requirements and will have an outside entrance. This addition is the majority of additional square footage proposed for the project. Since the Planning Commission hearing of November 29, 2011, the architect and restaurant owner has met with the Appellant on two separate occasions to mitigate the glass wall details along the west façade. The project has had significant changes that changed the street facing portions of the building surface to the same vertical board and batten material as the historic resource. The small extended second floor that was Pedaler s Fork, December 14, 2011, Council Hearing, Calabasas 4

68 previously glass now has wood siding and wooden divided light windows consistent with the Old Town Guidelines to the extent allowed by the Secretary of Interior Standards. The glass partition at the rear along the creek has been panelized and recessed into dark stained heavy timber structure per the Old Town Guidelines,(pages 15 and 55) The roof overhang of the outdoor dining has been extended and the size of the heavy timbers increased to reduce the amount of glass visible from the public right of way. This solution provides the interior design concept with the outdoor patio and the views of the stream and is consistent with the Secretary of Interior Standards. The colored rendering of the project has been modified incorporating the changes suggested by both the applicant and the appellant. Thank you for your consideration. 5 Pedaler s Fork, December 14, 2011, Council Hearing, Calabasas

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