AGENDA CITY OF EL MONTE MODIFICATION COMMITTEE TUESDAY OCTOBER 23, :00 P.M. CITY HALL WEST CONFERENCE ROOM A VALLEY BOULEVARD

Transcription

1 AGENDA CITY OF EL MONTE MODIFICATION COMMITTEE TUESDAY OCTOBER 23, 2018 CITY OF EL MONTE MODIFICATION COMMITTEE CHAIRPERSON AMY WONG CITY PLANNER JASON C. MIKAELIAN CHIEF BUILDING OFFICIAL TODD MORRIS 5:00 P.M. CITY HALL WEST CONFERENCE ROOM A VALLEY BOULEVARD 1. Call Meeting to Order 2. Flag Salute 3. Roll Call OPENING OF MEETING 4. Public Comments Citizens wishing to address the Modification Committee on land use and development matters may do so at this time. Note that the Committee cannot respond to or take any action on the item. Citizens wishing to speak on an agenda item will be given the opportunity to speak after the item is presented by staff. Limit your comments to three (3) minutes. State your name and address the record. Phone: (626) Fax: (626) planning@elmonteca.gov

2 MODIFICATION COMMITTEE AGENDA OCTOBER 23, Modification No PUBLIC HEARING Address: 4020 Winston Drive / APN: Request: The applicant requests the approval of Modification No to reduce the minimum vehicle back-up space from 25 feet to 24 feet for the construction of a new three (3) car garage and a 600 square foot addition to an existing 873 square foot single-family dwelling in the R-1A (One-Family Dwelling) zone. The property currently does not have a garage. This request is made pursuant to Chapter (Modification/Variance) of the El Monte Municipal Code (EMMC). CEQA Determination: Article 19. Categorical Exemptions - Section (Class 3 New Construction or Conversion of Small Structures) in accordance with the requirements of the California Environmental Quality Act of 1970 and the CEQA Guidelines. Recommendation: Case Planner: Approve subject to conditions Jonathan Payne, Planning Aide 6. Modification No Address: Fineview Street / APN: Request: The applicant requests the approval of Modification No to reduce the side yard setback from 10 feet to five (5) feet and rear yard setback from 20 feet to 11 feet for the legalization of unpermitted additions to an existing 1,422 square foot residence and an unpermitted 3,284 square foot second dwelling unit. The property is located in the R-2 (Low-density/Multiple-family Dwelling) zone. This request is made pursuant to Chapter (Modification/Variance) of the El Monte Municipal Code (EMMC). CEQA Determination: Article 19. Categorical Exemptions - Section (Class 3 New Construction or Conversion of Small Structures) in accordance with the requirements of the California Environmental Quality Act of 1970 and the CEQA Guidelines. Recommendation: Case Planner: Continue to November 13, 2018 Modification Meeting Jonathan Payne, Planning Aide Agenda 2

3 MODIFICATION COMMITTEE AGENDA OCTOBER 23, Modification No Address: 3176 San Pierre Drive / APN: Request: The applicant requests the approval of Modification No to legalize an existing six (6) foot high wood fence along the street side property line (Asher Street). The property is zoned R-1A (One-Family Dwelling) and is located on the southeast corner of San Pierre Drive and Asher Street. This request is made pursuant to Chapter (Modification/Variance) of the El Monte Municipal Code (EMMC). CEQA Determination: Article 19. Categorical Exemptions - Section (Class 3 New Construction or Conversion of Small Structures) in accordance with the requirements of the California Environmental Quality Act of 1970 and the CEQA Guidelines. Recommendation: Case Planner: Approve subject to conditions David Kim, Contract Planner NEXT SCHEDULED MODIFICATION COMMITTEE MEETING Tuesday, November 13, 2018 at 5:00 P.M. City Hall West Conference Room A Agenda 3

4 STAFF REPORT October 23, 2018 TO: FROM: MODIFICATION COMMITTEE BETTY DONAVANIK COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR JASON C. MIKAELIAN, AICP CITY PLANNER BY: JONATHAN PAYNE PLANNING AIDE SUBJECT: MODIFICATION NO LOCATION: APPLICANT: PROPERTY OWNER: 4020 WINSTON DRIVE EL MONTE, CA DAT WONG 1009 WALNUT STREET SAN GABRIEL, CA DEREK KHUU 4020 WINSTON DRIVE EL MONTE, CA ENVIRONMENTAL ARTICLE 19. CATEGORICAL EXEMPTIONS DETERMINATION: SECTION (CLASS 3 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES) IN ACCORDANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 AND THE CEQA GUIDELINES, AS AMENDED RECOMMENDATION: ADOPT A CATEGORICAL EXEMPTION AND APPROVE MODIFICATION NO SUBJECT TO CONDITIONS REQUEST The applicant proposes to construct a 600 SF residential addition with a new 3-car garage to an existing 873 SF single family residence at the subject property. Modification No is requested to reduce the required vehicle backup space from 25 feet to 24 feet for the required 3-car garage. The property is located in the R-1A (One-family Dwelling) Zone. This request is made pursuant to Chapter of the El Monte Municipal Code (EMMC) Winston Drive MOD NO Page 1

5 SUBJECT PROPERTY Location: East side of Winston Drive General Plan: Low Density Residential Zone: R-1A (One-family Dwelling) Street Frontage: Winston Drive: 50 Lot Size: 6,250 SF Existing Improvements: The subject property is currently improved with one (1) single family residence and a carport. SURROUNDING PROPERTIES General Plan: Zoning: Land Use: North: Low Density Residential R-1A One-family Dwelling South: Low Density Residential R-1A One-family Dwelling West: Low Density Residential R-1A One-family Dwelling East: Low Density Residential R-1A One-family Dwelling ZONING AND AERIAL PHOTO 4020 Winston Drive MOD NO Page 2

6 PROJECT ANALYSIS Table 1 below provides the development standards for the R-1A Zone, and determines whether the proposed project complies with each standard. Development Standard El Monte R-1A Standard Proposed Development Density: 1 du 1 du Y Floor Area Ratio: 40% 23% Y Lot Coverage: 45% 36% Y Front Setback Y Side Setback: 5 5 Y Rear Setback: Y Height: Y Minimum Unit Size: 1,000 SF 1,473 SF Y Parking 3-car garage 3-car garage Y Meets Requirement? Vehicle Back up space N; Modification No BACKGROUND: The subject property is currently developed with one (1) single family dwelling measuring 873 square feet with an attached carport. The applicant proposes to demolish the carport and construct a 600 square foot residential addition with an attached 3-car garage. Per the EMMC, the minimum vehicle back-up distance for a parking area is 25 feet of clearance. The applicant is requesting to reduce the required vehicle back-up space from 25 feet to 24 feet. Staff recommends approval of the proposed Modification under the requirement that all conditions of approval are incorporated into the project and the following facts specified in the following sections are adequately justified: 4020 Winston Drive MOD NO Page 3

7 FINDINGS OF FACT In order to approve the project, the Modification Committee is required to make certain findings. Section (EMMC) - Necessary conditions outlines the four required findings and conditions to be met in order to approve any Modification: FINDING: A. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone or vicinity; FACT: Per the EMMC, the minimum lot size for new lots in the R-1A zone is 6,000 square feet with a minimum street frontage of 60 feet. The subject property has a lot area of 6,250 square feet with 50 feet of street frontage and is considered irregular; thus deeming the existing lot to be legal non-conforming because the lot width is 10 feet shorter from the minimum required width (60 feet) for new lots in the R-1A Zone. FINDING: B. The granting of such modification will not be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity in which the property is located; FACT: Granting the Modification will not be detrimental to the public health, welfare, or injurious to the property or improvements in such zone or vicinity in which the property is located. The proposed development complies with all other zoning code requirements and maintains the integrity of a single family dwelling. The reduction of the required vehicle backup space will not negatively affect the surrounding properties as there will be ample room for vehicles to maneuver on the subject property. FINDING: C. Because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under the identical zone classifications; FACT: Several adjacent properties are developed with similar layouts and improvements that are legal nonconforming on irregular sized lots; therefore compliance with the vehicle backup space requirement would deprive the subject property of privileges enjoyed by similar properties Winston Drive MOD NO Page 4

8 FINDING: D. The granting of such modification/variance will not adversely affect the comprehensive general plan. FACT: The approval of the Modification will not affect the comprehensive general plan and will continue to be consistent with its intent. The proposed project will support the rehabilitation of a residentially developed property, and improve the quality of the neighborhood while remaining consistent with its intent. CONDITIONS OF APPROVAL 1. The project shall substantially conform to the site plan, floor plan, and elevation plans on file with the Planning Division and as presented to the Modification Committee on October 23, 2018 and as amended herein. 2. The applicant is responsible for complying with all City department/division regulations and guidelines including Building, Engineering and Planning during building plan-check review as well as any requirements of the LA County Fire Department. 3. Submit landscape and irrigation plans for Planning Division review and comply with all landscape and irrigation requirements per the City of El Monte Water efficiency Landscape Ordinance prior to issuance of building permits for construction. 4. The additions and garage shall be designed to match the architectural style, features, and colors of the existing dwelling unit. RECOMMENDATION Staff recommends that the Modification Committee evaluate the proposal and consider the following Action: 1. Adopt a Categorical Exemption under Section (Class 3 New Construction or Conversion of Small Structures) pursuant to the California Environmental Quality Act and Guidelines, as amended 2. Adopt the Finding of Facts to approve Modification No subject to the conditions of approval. ATTACHMENTS A. Project Plans B. Public Hearing Notice C. Radius Map D. Site Posting Photo 4020 Winston Drive MOD NO Page 5

9

10

11

12

13

14

15 CITY OF EL MONTE MODIFICATION COMMITTEE NOTICE OF PUBLIC HEARING Hablamos Español favor de hablar con Marcella Magdaleno (626) TO: FROM: PROPERTY LOCATION: All Interested Parties City of El Monte Planning Division 4020 Winston Drive / APN: (A full legal description of the property is on file in the office of the El Monte Planning Division) APPLICATION: Modification No REQUEST: APPLICANT: PROPERTY OWNER: ENVIRONMENTAL DOCUMENTATION: The Applicant requests the approval of Modification No to reduce the minimum vehicle back-up space from 25 feet to 24 feet for the construction of a new three (3) car garage and a 600 square foot addition to an existing 873 square foot single-family dwelling in the R-1A (One-Family Dwelling) zone. The property currently does not have a garage. This request is made pursuant to Chapter of the El Monte Municipal Code (EMMC). Dat Wong 1009 Walnut Street San Gabriel CA, Derek Khuu 4020 Winston Drive El Monte CA, Article 19. Categorical Exemptions Section (Class 3 New Construction or Conversion of Small Structures) in accordance with the requirements of the California Environmental Quality Act of 1970 and the CEQA Guidelines, as amended. Pursuant to State Law, the Modification Committee will hold a public hearing to receive testimony, orally and in writing, on the proposed project. The public hearing is scheduled for: Date: Tuesday, October 23, 2018 Time: 5:00 p.m. Place: El Monte City Hall West Conference Room A Valley Boulevard, El Monte, California Persons wishing to comment on the environmental documentation or proposed application may do so orally or in writing at the public hearing or in writing prior to the meeting date. Written comments shall be sent to Jonathan Payne; El Monte City Hall West; Valley Boulevard; El Monte, CA or at jpayne@elmonteca.gov. If you challenge the decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Planning Division at, or prior to, the public hearing. For further information regarding this application please contact Jonathan Payne at jpayne@elmonteca.gov or (626) Monday through Thursday, except legal holidays, between the hours of 7:30 a.m. and 5:30 p.m. Published and mailed on: Thursday, October 11, 2018 City of El Monte Modification Committee Marcella Magdaleno, Modification Committee Secretary

16

17 4020 WINSTON PUBLIC NOTICE POSTING 10/11/18

18 STAFF REPORT October 23, 2018 TO: FROM: BY: MODIFICATION COMMITTEE BETTY DONAVANIK COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR ROBERT MORALES PLANNING INTERN DAVID KIM ASSISTANT PLANNER SUBJECT: MODIFICATION NO LOCATION: APPLICANT/ PROPERTY OWNER: 3176 SAN PIERRE DRIVE JOSE & EVA ORTIZ 3176 SAN PIERRE DRIVE EL MONTE, CA ENVIRONMENTAL ARTICLE 19. CATEGORICAL EXEMPTIONS DETERMINATION: SECTION (CLASS 3 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES) IN ACCORDANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 AND THE CEQA GUIDELINES. RECOMMENDATION: APROVE MODIFICATION NO SUBJECT TO CONDITIONS. REQUEST: The applicant requests the approval of Modification No to increase the maximum wall height from four (4) feet to six (6) feet for an existing wood fence located in the street side yard setback along Asher Street. The property is located in the R-1A (One-Family Dwelling) zone and is currently improved with a single-family residence. The request is made pursuant to Chapter (Modification/Variance) of the El Monte Municipal Code San Pierre Drive Mod. No Page 1

19 SUBJECT PROPERTY: Location: Southeast Corner of San Pierre Drive and Asher Street General Plan: Low-Density Residential Zone: R-1A (One-Family Dwelling) Street Frontage: San Pierre Drive: ; Corner Curb: 15 ; Asher Street: Size: 7,592 square feet Existing Existing Single-Family Residence Improvements: SURROUNDING PROPERTIES: General Plan: Zoning: Current Development: North: Medium-Density Residential Medium- Multi-family Dwelling Density Multiple- Family South: Low-Density Residential One- Single -family Dwelling Family Dwelling West: Medium Low-Density Low- Multi-family Dwelling Density Multiple- Family East: Low-Density Residential One- Family Dwelling Single -family Dwelling ZONING AND AERIAL PHOTO 3176 San Pierre Drive Mod. No Page 2

20 FINDINGS OF FACT: In order to approve the project, the Modification Committee is required to make certain findings. El Monte Municipal Code (EMMC) Section outlines the four (4) required findings and conditions to be met in order to approve any modification request. FINDING: FACT: A. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone or vicinity; FINDING: The subject property is currently developed with an existing single-family residence and is located in a residential neighborhood on the southeast corner intersection of Asher Street and San Pierre Drive. The surrounding neighborhood consist of both multiple-family and single-family residential properties. The property owner is requesting a modification of the required fence height in order to legalize an existing six (6) foot high wood fence located along the street side property line along Asher Street. EMMC Section requires that all residential fences located within ten (10) feet of the street side yard have a maximum height of four (4) feet. The existing wood fence is located on the street side yard property line and the entire width of the rear property line. The property currently has a rear property line width of feet, which is less than the minimum width required for all corner lot properties in accordance with EMMC Section Corner lots are required to have at least 10 percent wider width than the minimum lot width requirement for interior residential lots, which is 60 feet. Therefore, the conforming lot width of the subject property would require a minimum of 66 feet. This is considered an exceptional case because the substandard corner lot width requires the property owner to decrease the amount of private yard on the street side yard portion to have a fence or wall at 6 feet. Staff considered the fact that the lot width is an exceptional case because there are other corner lots in the vicinity of the subject property (on the intersection of Richwood Ave. and Asher St.) that do have conforming lot width for corner lots. The subject property would have a private rear yard lot width of 41 feet instead of a minimum 56 feet for a conforming cornered lot. Given these circumstances, staff has determined that the property has an exceptional land use condition. B. The granting of such modification will not be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity in which the property is located; 3176 San Pierre Drive Mod. No Page 3

21 FACT: FINDING: FACT: The existing wood fence is in acceptable condition and staff has recommended as a condition of approval for the property owner to maintain the fence to make sure the fence does not deteriorate or create a nuisance for the residential neighborhood. The property is also located along two local streets as designated by the City s General Plan. Local streets are not intended to carry heavy traffic volumes on the street. The existing wood fence is located adjacent to an existing garage that is accessed through a driveway on the street side property line. However, the garage entrance is approximately nine (9) feet away from the wood fence. In addition, the existing abutting sidewalk on Asher Street is approximately five (5) feet away from the wood fence as well. The subject property also abuts another corner lot to the rear and not a reversed corner lot (where a corner lot s rear property line abuts the adjacent lot s required front yard setback portion). Given these current circumstances and the fact that the property is located on residential local streets, the location of the fence at a 6 foot height would not be detrimental to the surrounding neighborhood. C. Because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under the identical zone classifications; The subject property is currently developed with an existing single-family residence and is located in a residential neighborhood on the southeast corner intersection of Asher Street and San Pierre Drive. The surrounding neighborhood consist of both multiple-family and single-family residential properties. The property owner is requesting a modification of the required fence height in order to legalize an existing six (6) foot high wood fence located along the street side property line along Asher Street. EMMC Section requires that all residential fences located within ten (10) feet of the street side yard have a maximum height of four (4) feet. The existing wood fence is located on the street side yard property line and the entire width of the rear property line. The property currently has a rear property line width of feet, which is less than the minimum width required for all corner lot properties in accordance with EMMC Section Corner lots are required to have at least 10 percent wider width than the minimum lot width requirement for interior residential lots, which is 60 feet. Therefore, the conforming lot width of the subject property would require a minimum of 66 feet. This is considered an exceptional case because the substandard corner lot width requires the property owner to decrease the amount of private yard on the street side yard portion to have a fence or wall at 6 feet San Pierre Drive Mod. No Page 4

22 FINDING: FACT: Staff considered the fact that the lot width is an exceptional case because there are other corner lots in the vicinity of the subject property (on the intersection of Richwood Ave. and Asher St.) that do have conforming lot width for corner lots. The subject property would have a private rear yard lot width of 41 feet instead of a minimum 56 feet for a conforming cornered lot. Given these circumstances, staff has determined that the property has an exceptional land use condition. D. The granting of such modification will not adversely affect the comprehensive general plan. Modification No is consistent with the General Plan. Specifically, General Plan Policy LU-1.6 prioritizes quality of life with the improvement of properties in the City. Without the modification, the fence height at the current location would have to be 4 feet high, which would not provide privacy for the property owner s rear yard. Locating the fence 10 feet back from the property line would also decrease the private rear yard area, given the circumstance that the lot already has a substandard corner lot width. The modification request is consistent with the aforementioned General Plan policy. CONDITIONS OF APPROVAL: 1. The project shall substantially conform to the project plans on file with the City Planning Division and as presented to the Modification Committee on October 23, 2018 and as amended herein. 2. Any new wall or fencing hereafter proposed shall be reviewed and approved by the Planning Division. RECOMMENDATION: Staff recommends that the Modification Committee evaluate the proposal and consider the following actions: 1. Adopt a Categorical Exemption under Section (Class 3 - New Construction or Conversion of Small Structures) pursuant to the California Environmental Quality Act and Guidelines; and 2. Make the Findings of Facts presented in the staff report in connection with Modification No to be made in a positive manner and approve Modification No , subject to the conditions of approval San Pierre Drive Mod. No Page 5

23 ATTACHMENTS: 1. Project Plans 2. Public Hearing Notice 3. Radius Map 4. Public Hearing Site Posting 3176 San Pierre Drive Mod. No Page 6

24

25

26 CITY OF EL MONTE MODIFICATION COMMITTEE NOTICE OF PUBLIC HEARING Hablamos Español favor de hablar con Marcella Magdaleno (626) TO: FROM: PROPERTY LOCATION: All Interested Parties City of El Monte Planning Division 3176 San Pierre Drive / APN: (A full legal description of the property is on file in the office of the El Monte Planning Division) APPLICATION: Modification No REQUEST: APPLICANT/ PROPERTY OWNER: ENVIRONMENTAL DOCUMENTATION: PLACE OF HEARING: The Applicant requests the approval of Modification No to legalize an existing six (6) foot high wood fence along the street side property line (Asher Street). The property is zoned R-1A (One-Family Dwelling) and is located on the southeast corner of San Pierre Drive and Asher Street. This request is made pursuant to Chapter (Modification/Variance) of the El Monte Municipal Code (EMMC). Jose and Eva Ortiz 3196 San Pierre Drive El Monte CA, Article 19 Categorical Exemptions, Section (Class 3 - New Construction or Conversion of Small Structures) in accordance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and the CEQA Guidelines. Pursuant to State Law, the Modification Committee will hold a public hearing to receive testimony, orally and in writing, on the proposed project. The hearing is scheduled for: Date: Tuesday, October 23, 2018 Time: 5:00 p.m. Place: El Monte City Hall City Hall West Conference Room A Valley Boulevard, El Monte, California Persons wishing to comment on the environmental documentation or proposed application may do so orally or in writing at the public hearing or in writing prior to the meeting date. Written comments shall be sent to David Kim; El Monte City Hall West; Valley Boulevard; El Monte, CA or at dkim@elmonteca.gov. If you challenge the decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Planning Division at, or prior to, the public hearing. For further information regarding this application please contact David Kim at dkim@elmonteca.gov or (626) on Monday through Thursday, except legal holidays, between the hours of 7:30 a.m. and 5:30 p.m. Published and mailed on: Thursday, October 11, 2018 City of El Monte Modification Committee Marcella Magdaleno, Modification Committee Secretary

27

28 3176 SAN PIERRE- PUBLIC NOTICE POSTING 10/11/2018