HomeMy WebLinkAboutResolution No. 2009A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING PLANNING COMMISSION
ADMINISTRATIVE MODIFICATION NO, PC AM 17-04 WITH A
CATEGORICAL EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT ("CEQA") TO MAINTAIN THE
EXISTING SIDE YARD SETBACK FOR A 573 SQUARE F010T ATTIC
CONVERSION TO A SECOND FLOOR, AND TRANSFORM THE ONE-
STORY HOUSE INTO A TWO-STORY HOUSE AT 18291 ALTA OAKS
DRIVE
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Baldwin, for a modification to maintain the existing side yard setback of 5'-01" in lieu of
19'-01", as, required for the conversion of 573 square feet of existing attic space into
livable space at 1829 Alta Oaks Drive, Development Services Department Case No.
Planning Commission Administrative Modification No. PC AM 17-04; and
WHEREAS, on November 29, 2017, the architectural design of the proposed
addition was reviewed and approved by the Architectural Review Board (ARB) of the
Highlands Homeowners' Association (Highlands) (the design review, modification, and
tree encroachment applications are hereafter individually and collectively referred to as
the "Project"); and
WHEREAS, on December 26, 2017, Planning Services completed an,
environmental assessment for the Project in accordance with the California
Environmental Quality Act ("CEQA"), and recommended that the Planning Commission
determine the Project is exempt under CEQA because the Project qualifies as both
Class 1 and Class 5 Categorical Exemption for a small addition to an existing residence
and minor alterations in land use alterations per CEQA Guidelines Section 15301 and'
'15305; and
WHEREAS, on January 9, 2018, a duly noticed public hearing was held before
the Planning Commission on said Project, at which time all interested persons were
given, full opportunity to be heard and to present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA HEREBY RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Community Development
Di'vis,ion in the staff report dated January 9, 2018, are true and correct.
SECTION 2. This Commission finds, based upon the entire record:
A. The proposed Administrative Modification to allow a portion of the converted
attic space to encroach into the second story side yard setback and maintain the
existing side yard setback of 5-0" where 19'-0" is required will secure an appropriate
improvement of a lot', prevent an unreasonable hardship, and/or promote uniformity of
development.
FACT: With the approval of the modification, the proposal meets all zoning
requirements. The imodification request to allow a portion of the converted attic to
encroach into the second story side yard setback is appropriate because it will maintain
the existing side yard setback and from the public right-of-way, the house will practically
look the same as it does today. As stated earlier in the report, there will be no change to
the overall footprint of the home and the two windows proposed on the north elevation
will be screened by existing landscaping. As such,, the impact from the proposed
encroachment will be minimal. The proposed attic conversion is an effective way to
increase livable area within the home without changing the outward appearance, which
could impact the neighboring property owners. The attic conversion wills maintain the
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appearance of a one-story residence which is consistent with the surrounding
n6ghborhood, The millodification to encroach into the required second story side yard
development.
B. The proposal is consistent with the City's Single Family Residential Design
Guidelines and City Council Resolution No. 6770.
FACT: The Highlands ARB found the proposed designs to be consistent with
the City's Single -Family Residential Design Guidelines and City Council Resolution No.
6770 since the only changes to the exterior are two new windows and skylights which
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to be consistent with the City's Single -Family Residential Design Guidelines and
C. That the Planning & Community Development Administrator or designee is
authorized to approve and execute, if necessary, a subdivision agreement for this
Project.
SECTION 3. For the foregoing reasons the Planning Commission determines
that the Project is Exempt per Section 15301 and Section 153,05 of the CEQA
17-04, to maintain the existing side yard setback of 5'-0," in lieu of 19'-0", as required for
the conversion of 573 square feet of existing attic space into livable space at 1829 Alta
Oaks Drive, subject to the conditions of approval attached hereto.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
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Passed, approved and adopted this gth day of January, 2018.
Lisa L. Flo -re's
Secretary
F.All -9 a
Stephen P. Deitsch
City Attorney
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Kenneth Chan
Manning Commission Chairman
NOES.- None
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Lisa L. Rore'st" P,anning Commission
Secretary oaff
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1604MOIRVA I to] ORION
1. The project shall be developed and maintained by the applicant/property owner in a
manner that is consistent with the plans submitted and conditionally approved for PC
AM 17-04, subject to the satisfaction of the Planning & Community Development
Administrator or designee.
2. The applicant/property owner shall comply with all City requirements regarding
building safety, fire prevention, detection, suppression, emergency access, public
right-of-way improvements, parking, water supply and water facilities, sewer
facilities, trash reduction and recycling requirements, and National Pollutant
Discharge Elimination System (NPDES) measures to the satisfaction of the Building
Official, Fire Marshal, Public Works Services Director, and Planning & Community
Development Administrator, or their respective designees. Compliance with these
requirements is to be determined by having fully detailed construction plans
submitted' for plan check review and approval by the foregoing City officials and
employees.
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, or
City Staff, which action is brought within the time period provided for in Government
Code Section 166499.37 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 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 PC AM 17-04 shall not take effect unless on or before 30 calendar days
after Planning, Commission approval of these applications, the property owner and
Applicant have executed and filed with the Planning & Community Development
Administrator or designee, an Acceptance Form available from the Development
Services Department to indicate awareness and acceptance of these conditions, of
approval.
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