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HomeMy WebLinkAbout2079RESOLUTION NO. 2079 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING SINGLE FAMILY ARCHITECTURAL DESIGN REVIEW NO. SFADR 21-08 AND ADMINISTRATIVE MODIFICATION NO. PC AM 21-02, WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR SETBACK MODIFICATIONS TO THE PROPOSED FIRST AND SECOND STORY ADDITIONS, AND TO MAINTAIN THE EXISTING LEGAL NONCONFORMING SETBACKS OF THE EXISTING TWO-STORY RESIDENCE THAT WILL BECOME A REBUILD AT 252 SHARON ROAD WHEREAS, on March 22, 2021, applications for a Single Family Architectural Design Review No. SFADR 21-08 and an Administrative Modification PC AM No. 21-02 were filed by Xin Wang on behalf of the property owner, Jonathan Huang, requesting approval of three (3) modifications as part of a remodel and addition to an existing two- story house at 252 Sharon Road. The modifications consist of: 1) maintaining existing legal nonconforming side yard setbacks along the existing portions of the first and second floors as part of the proposed rebuild; 2) the first floor addition encroaching into the required side yard setback of 9'-9", but maintaining the existing side yard setback that varies from 8'-5" to 9'-0'; and 3) a second story addition at a 9'-0" and 11'-0" westerly side yard setback instead of 19'-8" to line up with the first floor (collectively, "Project"); and WHEREAS, on June 29, 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 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 1 WHEREAS, on September 14, 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 September 14, 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 This Commission further finds that the Project is consistent with the City's Single Family Residential Design Guidelines, pursuant to Section 9107.19.050 of the Arcadia Development Code. FACT: The Project will secure an appropriate improvement of the lot and promote uniformity of development. The Project will allow the following: 1) maintain existing legal nonconforming side yard setbacks along the existing portions of the first and second floors as part of the proposed rebuild; 2) a first floor addition to encroach into the required side yard setback of 9'-9" but maintain the existing side yard setback that varies from 8'- 5" to 9'-0"; and 3) a second story addition at a 9'-0" and 11'-0" westerly side yard setback instead of 19'-8" to line up with the first floor addition. The proposed encroachments into the first floor side yard setbacks are minimal and would not result in any negative impacts to the neighboring properties. If required to comply with the 9'-9" side yard setback, the proposed first story addition would appear imbalanced and would not result in a seamless addition to the existing house. The addition along the west side will add 8 feet to the overall length of the existing building wall and the addition along the east side will mostly replace the existing enclosed patio area. The proposed encroachment into the second floor side yard setback is warranted because it is the Applicant's intention to expand the master bedroom by lining up the small addition (216 square feet) with the existing second floor at the rear. Requiring the 19'-9" setback would result in an addition that appears fragmented and incompatible with the existing house. A portion of the proposed second story addition provides an additional 2'-0" side yard setback to create a visual break along an otherwise long and flat wall plane. The alternative option would be to propose the addition on the east side of the existing second floor to meet the required side yard setback, but from a design perspective this would create additional massing along the front elevation and emphasize the verticality of the house. Additionally, it would require significant structural engineering to modify the existing roof to accommodate a horizontal second story addition. The Project provides a logical expansion of the existing floor plan and a compatible continuation of the first and second floors. Overall, the Project is compatible with the surrounding area in terms of scale and design, will adequately fit in with the streetscape, and is consistent with the Single -Family Residential Design Guidelines. 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 3 Environmental Quality Act (CEQA) Guidelines, and approves Single Family Architectural Design Review No. SFADR 21-08 and Administrative Modification No. PC AM 21-02 for setback modifications to the proposed first and second story additions, and to maintain the existing legal nonconforming setbacks of the existing two-story residence that will become a rebuild at 252 Sharon Road, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 14th day of September, 2021. ATTEST: Lisa L. Flore Secretary APPROVED AS TO FORM: .//// �_ Stephen P. Deitsch 4 l'k /?_� 16 I.401e C/ Marilynne Wilander Chair, Planning Commission City Attorney 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. 2079 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 14th day of September, 2021 and that said Resolution was adopted by the following vote, to wit: AYES: Chair Wilander, Vice Chair Lin, and Commissioners Chan. and Tsoi NOES: Commissioner Thompson ABSENT: None 2 CiA Lisa L. Flores Secretary of the Pla ing Commission RESOLUTION NO. 2079 Conditions of Approval 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 SFADR 21-08 and PC AM 21-02, subject to the satisfaction of the Planning & Community Development Administrator or designee. 2. The plans submitted for Building plan check 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 3. 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. 4. 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 SFADR 21- 08 and 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, 1 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. 5. Approval of SFADR 21-08 and PC AM 21-02 shall not be in effect unless the Property Owner/Applicant has executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has approved the appeal. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. 6. The proposed stone veneer material on the front elevation shall wrap around on both sides of the house (east and west elevations) and extend at least 8 -feet beyond the corners or to a distance that is appropriate, as determined by the Planning & Community Development Administrator or designee. 7. The master bathroom windows (window nos. 5 and 14) shall be of opaque glass windows. Those windows shall always remain and be kept as opaque glass. 101