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HomeMy WebLinkAboutItem 2_MC 15-16_2509 PaxsonMC 15-16 November 10, 2015 Page 1 of 5 DATE: November 10, 2015 TO: Honorable Chairman and Modification Committee FROM: Lisa Flores, Planning Services Manager By: Jordan Chamberlin, Assistant Planner SUBJECT: MODIFICATION NO. MC 15-16 WITH A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO REDUCE THE SOUTHERLY SIDE YARD SETBACK FOR A NEW WATER HEATER/CABINET AT 2509 PAXSON LANE Recommendation: Conditional Approval BACKGROUND The subject property is a 6,860 square foot, irregularly shaped, corner lot that is located on a cul-de-sac and zoned Single Family Residential (R-1) – refer to Attachment No. 1 for an aerial photo with zoning information and photos of the subject property and surrounding properties. The site is developed with a 1,769 square foot, one story, single-family residence that was built in 1962. On October 20, 2015, a plumbing permit was issued by Building Services to re-pipe the house and relocate the water heater that was inside the house to the outside at the rear of the residence without planning approval. Instead, the water heater and cabinet was placed within the southerly side yard setback and not the rear of the house. The water heater cabinet and tank encroaches into the required 7’-0” side yard setback by 4’-0”, thereby leaving a 3’-0” clearance. On October 26, 2015, a correction notice was issued by the Building Inspector to relocate the water heater/cabinet to the rear or the residence or legalize the existing location. An encroachment into the required side yard setback for mechanical equipment is typically handled administratively, but this application is before the Modification Committee because the Applicant could not obtain the required signatures from the adjacent property owners. ANALYSIS The proposed modification would allow the water heater/cabinet to have an interior side yard setback of 3’-0” in lieu of the 7’-0” that is required – refer to Attachment No. 2 for MC 15-16 November 10, 2015 Page 2 of 5 the Site Plan. Because the property is located on the corner of Paxson Lane and the street turns into a cul-de-sac (as shown below), the contractor thought the side of the property was the rear yard area and installed the unit there. The water cabinet for the heater is approximately 2’-0” in width by 6’-0” in height. As shown below, the cabinet is partially visible from the street and the neighboring property due to low, 4’-0” high, block wall that is situated on the side property line and because of the lack of foliage along the side property line. Water heater inside the cabinet View from Paxson Lane MC 15-16 November 10, 2015 Page 3 of 5 If the water heater/cabinet was to be relocated to the rear of the residence, the contractor would have to redirect the pipes to the new location, relocate the vents, and patch-up any openings that were made to the walls and roof. It is staff’s opinion that relocating the water heater/cabinet to the rear of the house would be more of an unreasonable hardship than to leave it in its existing location because the cabinet is only 2’-0” wide, no portion of it will protrude beyond the width of the roof eaves or onto the paved walkway (as shown above), there is very limited space left to place the water heater/cabinet against the rear wall of the house (refer to the image on the next page), and the cabinet could be painted to match the color of the house to blend with the house. Furthermore, the property owner is willing to place a couple of potted plants with tall plants/hedges to screen the cabinet. A condition of approval to this effect has been proposed. FINDINGS Section 9292.1.4 of the Arcadia Municipal Code states that the purpose of the Modification procedures is for the following: 1. Secure an appropriate improvement of a lot; 2. Prevent an unreasonable hardship; or 3. Promote uniformity of development The requested modification to allow the water heater/cabinet to remain in its current location would secure an appropriate improvement since the 3’-0” encroachment into Rear yard area of the subject property MC 15-16 November 10, 2015 Page 4 of 5 the required side yard setback and it would be more of an unreasonable hardship to relocate it to the rear of the house, for the reasons as stated above under the analysis. ENVIRONMENTAL ANALYSIS The proposed project qualifies as a Class 5 Exemption as minor adjustments to the setback from the requirements of the California Environmental Quality Act (CEQA) under Section 15305 of the CEQA Guidelines. PUBLIC COMMENTS Public hearing notices were mailed on October 29, 2015 to the property owners within 100 feet of the subject site. During the notification period, Staff received a comment letter from the neighboring property owner to the south, which is adjacent to the subject water heater – refer to Attachment No. 3 for the Opposition Letter from Neighboring Property Owner. The neighbor was opposed to the location of the water heater/cabinet because it is look directly at one of the large windows on the side of her house. As a condition of approval staff is recommending that the water heater cabinet and vent be painted to match the color of the house and the property owner place a couple of new potted plants in front of the cabinet to provide additional screening. RECOMMENDATION It is recommended that the Modification Committee conditionally approve Modification Application No. MC 15-16 and find that the project is exempt per CEQA Section 15305, subject to the following conditions of approval: 1. The water heater cabinet and vent shall be painted to match the color of the house prior to issuance of a final inspection by Building Services. 2. The property owner shall place two, potted trees or shrubs adjacent to the side wall that faces the water heater/cabinet to provide adequate screening of the unit. The selection of the type of plant, tree, or shrub shall be subject to review and approval by the Planning Services Manager or designee, and planted prior to issuance of a final inspection by Building Services. 3. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional approval of the City Council, Planning Commission, Modification Committee, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land MC 15-16 November 10, 2015 Page 5 of 5 use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 4. Approval of MC 15-16 shall not be of effect unless on or before 30 calendar days after approval of this project, the property owner/applicant has executed and filed with the Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. Attachment No. 1: Aerial Photo with Zoning Information & Photos of Subject Property and Vicinity Attachment No. 2: Site Plan Attachment No. 3: Letter of Opposition from Neighboring Property Owner Attachment No. 1 Attachment No. 1 Aerial Photo with Zoning Information & Photos of Subject Property and Vicinity Overlays Selected parcel highlighted Parcel location within City of Arcadian/a n/a n/a n/a Property Owner(s): Architectural Design Overlay: Downtown Overlay: Special Height Overlay: Parking Overlay: Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): General Plan: R-1 (7,500) Number of Units: LDR Zoning: Property Characteristics 1962 1,769 1 JOAN BANG Site Address: 2509 PAXSON LN This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated04-Nov-2015 Page 1 of 1 Photo of the subject property, 2509 Paxson Lane, looking west Photo of the subject property, 2509 Paxson Lane, looking south Photo of the neighboring property to the north, 2504 Paxson Lane Photo of the neighboring property to the north, 2508 Paxson Lane Photo of the neighboring property to the northeast 2512 Paxson Lane Photo of the neighboring property to the northeast, 2516 Paxson Lane Photo of the neighboring property to the east, 2518 Paxson Lane Photo of the neighboring property to the north, 2522 Paxson Lane Photo of the neighboring property to the south, 2511 Paxson Lane Photo of the neighboring property to the east, 2505 Paxson Lane Attachment No. 2 Attachment No. 2 Site Plan Attachment No. 3 Attachment No. 3 Opposition Letter from Neighboring Property Owner November 4, 2015 Ms. Chamberlin, Thank you for taking the time to speak with me about the new water heater/closet installed in our new neighbor 2509 Paxson Lane. As mentioned to you, the new water heater/closet in our new neighbor is placed in between two of our big windows of our family room and kitchen where my family and I will see it frequently on a daily basis. As a licensed contractor, John Ovsepyan should be aware of the setback clearance city code before he installs the water heater. The contractor went ahead and installed it without asking for our consensus until being told by the inspector to get our approval for the code violation. It looks bad and that he should move it back inside the house or somewhere else such as the back yard where it will not affect any neighbor. The contractor said that would cost him $3000 to move it back and it is not his fault that he was not told he needs the approval from the neighbor(us) prior to the installation. The contractor also hinted us of future retaliation. He said if we don’t approve it, any future alteration we may have, the neighbor may not approve it either. We moved to Arcadia 15 year ago because of the beauty of Arcadia city, and we have been having good relationship with all surrounding neighbors. We would not have objected to the modification if it was not because the location of this new water heater really impacts us greatly and it would be awful to have to seeing it the rest of our life living here due to someone else’s oversight or inconsideration. It will also affect the value of our house because the future buyers do not like to see the water heater and its extra-long exhaust pipe from either windows of our house. As discussed with you yesterday, planting green plants is not viable because the neighbor and we both do not have a very large set back side yard, and this side yard is our main passage to the backyard on regular basis. Besides, planting something too close to the house will potentially cause the root to damage the side wall or our house in the long run. We sincerely hope the committee would consider the long term impact to us and recommend the contractor to relocate the water heater/closet to somewhere else where it will not affect any neighbor, such as the back side’s north corner of their house where the persimmon trees at or outside of their laundry room (See attached photo). After all, we should not be suffering from other professionals’ oversight in code violation and then allow changing the code for their convenience. Thank you very much for your time and consideration in this matter. Sincerely, Linda and Jimmy Kha p.s: photo attached.