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HomeMy WebLinkAboutResolution No. 2077RESOLUTION NO. 2077 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING PLANNING COMMISSION ADMINISTRATIVE MODIFICATION NO. PC AM 21-01 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR SETBACK MODIFICATIONS TO THE FIRST AND SECOND STORY ADDITIONS TO THE EXISTING TWO-STORY RESIDENCE AT 1436 OAKLAWN ROAD WHEREAS, on September 24, 2020, the Santa Anita Oaks Architectural Review Board (ARB) unanimously voted to approve Architectural Design Review for the first and second floor additions to the existing two-story house 1436 Oaklawn Road; and WHEREAS, on April 17, 2021, the Santa Anita Oaks Architectural Review Board (ARB) approved an amendment to the second floor addition under a Short Review Form; and WHEREAS, on February 16, 2021, an application for Administrative Modification PC AM No. 21-01 was filed by the Property Owner, Johnny Lee, requesting approval of three (3) modifications as part of a major remodel to an existing two-story house at 1436 Oaklawn Road. The modifications consist of: 1) A request to further encroach into the existing legal non -conforming front yard setback of 50'-3" by 2 feet to accommodate a new front entry porch on the first floor, resulting in a front yard setback of 48'-3"; 2) A second floor front yard setback that ranges from 50'-3" to 54'-9", whereas 60'-0" is required; and 3) A 17'-0" second floor side yard setback along the north side of building, whereas 20'-0" is required (collectively, "Project"); and WHEREAS, on March 4, 2021, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act ("CEQA") and recommends that the Planning Commission determine that the Project 1 qualifies as a Class 1 and Class 5 Categorical Exemptions under CEQA pursuant to sections 15301(e) and 15305 from the California Environmental Quality Act (CEQA) as a minor addition to an existing structure and minor alteration in land use limitations per the CEQA Guidelines; and WHEREAS, on May 25, 2021, a duly noticed public hearing was held before the Planning Commission on said application, 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, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated May 25, 2021 are true and correct. SECTION 2. This Commission finds that based upon the entire record, pursuant to Section 9107.05.050 of the Arcadia Development Code, at least one of the following findings can be made. 1. Secure an appropriate improvement of a lot; 2. Prevent an unreasonable hardship; or 3. Promote uniformity of development FACT: The proposed modifications will secure an appropriate improvement to the site and promote uniformity of development since the proposed project is to an existing residence with legal non -conforming front and side yard setbacks. As a result, any new addition cannot comply per code, unless it is added to the rear of the house and on the first floor. The modifications are for: 1) A 48'-3" front yard setback in lieu of 60'-0" for a new front covered porch (house is currently at 50'-3"); 2) A second floor front yard setback z that ranges from 50'-3" to 54'-9", whereas 60'-0" is required; and 3) A 17'-0" northerly second story side yard setback, whereas 20'-0" is required for the proposed additions. The proposed encroachments into the front and side yard setbacks are minimal and they will help enhance the overall architectural style of the house so it would not appear boxy. Therefore, the modifications are warranted since it will allow the property owner to continue to use their property in a manner that does not deprive them of a privilege that other property owners enjoy with a legal non -conforming house and allow them to still secure an appropriate improve to the property. SECTION 3. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt per Section 15301(e) and 15305 of the California Environmental Quality Act (CEQA) Guidelines, and approves Administrative Modification No. PC AM 21-01 for the three setback modifications to accommodate a first and second story additions to the existing two-story house at 1436 Oaklawn Road, subject to the conditions of approval attached hereto. 3 SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 251h day of May, 2021. ATTEST: C q Lisa L. Flores Secretary APPROVED AS TO FORM: r), 6-z�Ct Stephen P. Deitsch City Attorney 4 k%V//a,_� Marilynne Wilander, Chair STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) §: CITY OF ARCADIA ) I, Lisa Flores, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 2077 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chair and attested to by the Secretary at a regular meeting of said Planning Commission held on the 25th day of May, 2021 and that said Resolution was adopted by the following vote, to wit: AYES: Chair Wilander, Vice Chair Lin, Chan, Thompson, and Tsoi NOES: None ABSENT: None 5 Lisa L. res Secretary of the Planning Commission RESOLUTION NO. 2077 Conditions of Approval 1. The project shall comply with the latest adopted edition of the following codes as applicable: a. California Building Code b. California Electrical Code c. California Mechanical Code d. California Plumbing Code e. California Energy Code f. California Fire Code g. California Green Building Standards Code h. California Existing Building Code i. Arcadia Municipal Code 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. To the maximum extent permitted by law, Applicant must defend, indemnify, and hold City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City ("Indemnitees") harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant's activities in connection with Administrative Modification Permit No. PC AM 21-02 ("Project") on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicant's contractors, agents, tenants, employees or any other persons acting on Applicant's behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will promptly notify the Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days' notice from the City of any such action, Applicant shall provide to City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for City's legal team to continue working on the matter. City shall only refund to Developer any unexpended funds from the deposit within 30 days of: (i) a final, non -appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice that the Applicant reasonably approves. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third -party challenge(s) or take any position adverse to the Applicant in connection with such third -party challenge(s). In consideration for approval of the Project, this condition shall remain in effect if the entitlement(s) related to this Project is rescinded or revoked, whether or not at the request of the Applicant. 4. Approval of PC AM 21-01 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval.