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HomeMy WebLinkAboutItem 2STAFF REPORT Development Services Department DATE: June 26, 2012 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Nick Baldwin, Assistant Planner SUBJECT: A Zone Variance to allow a three -car garage (24 linear feet of garage opening) to face the street on a 99.97 -foot wide lot in lieu of the minimum 100 -foot lot width required for a three -car garage to face the street at 246 West Wistaria Avenue. SUMMARY The applicant is requesting a Zone Variance and Single - Family Architectural Design Review to build a new 7,200 square -foot, two -story home and a 658 square -foot, attached, three -car garage at 246 West Wistaria Avenue. Attached are an aerial photo and photos of the neighborhood. It is staffs opinion that the proposal is consistent with the existing and surrounding developments, and if approved, would satisfy the prerequisite conditions and findings for a Zone Variance and architectural design review approval. The Development Services Department is recommending approval of applications ZV 12 -01 and SF ADR 12 -10, subject to the conditions listed in this staff report. GENERAL INFORMATION APPLICANT: Mr. Philip Chan LOCATION: 246 West Wistaria Avenue REQUEST: A Zone Variance to allow a three -car garage (24 linear feet of garage opening) to face the street on a 99.97 -foot wide lot in lieu of the minimum 100 -foot lot width required for a three -car garage to face the street, and Single - Family Architectural Design Review approval. SITE AREA: 16,010 square feet (0.37 acre) FRONTAGE: 99.97 feet along West Wistaria Avenue EXISTING LAND USE & ZONING: The site is developed with a two -story, 3,076 square -foot house built in 1967 and is zoned R -0, Single - Family Residential. SURROUNDING LAND USES & ZONING: The surrounding properties are developed with single - family residences and are zoned R -0- 15,000. GENERAL PLAN DESIGNATION: Single- Family Residential at 0 -4 dwelling units per acre. PUBLIC HEARING NOTIFICATION Public hearing notices for ZV 12 -01 and SFADR 12 -10 were mailed on June 14, 2012 to the property owners, tenants and occupants of those properties that are within 300 feet of the subject property (see attached radius map). Because staff determined that the subject applications are categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as minor alterations in land use limitations under Section 15305 of the CEQA Guidelines, the public hearing notice was not published in the Arcadia Weekly newspaper. The attached letter of opposition was received from the owner of the property at 263 West Wistaria Avenue. BACKGROUND INFORMATION In 1999, the Zoning Code was amended to limit garage openings that face the street. On lots that are less than 100 feet wide, the limit is 16 feet, or a two -car garage. On lots that are 100 feet wide or wider, the limit is 24 feet, or a three -car garage. These limits are not eligible for the Zoning Modification process. Since the 1999 Zoning Code amendment, there has been only one other Zone Variance application for 24 feet of garage opening or a three -car garage to face the street on a lot that is less than 100 feet wide. That case, Zone Variance No. ZV 09 -01 was approved to allow an existing three -car garage that faces the street to be retained as part of an addition and rebuild at 231 West Wistaria Avenue, which is a 99.98 -foot wide lot. There have been no new homes or other rebuilds on this block of West Wistaria Avenue (El Monte Avenue to Holly Avenue) since the 1999 Code amendment. PROPOSAL AND ANALYSIS The applicant is requesting to build a new, 7,200 square -foot, two -story home with a 658 square -foot, attached, three -car garage at 246. West Wistaria Avenue. The three - car garage is proposed to face the street — see the attached plans. However, on lots Tess than 100 feet wide, the Code limits garage openings facing the street to a maximum of 16 feet, the typical width of a two -car garage opening. A three -car garage ZV 12 -01 and SF ADR 12 -10 246 W. Wistaria Ave. June 26, 2012 — page 2 may face the street only if the lot is 100 feet wide or wider. The subject property has a lot width of 99.97 feet, which is 0.03 feet or about 3 /8ths of an inch less than the 100 - foot requirement. Therefore, the maximum allowed garage openings that can face the street is 16 feet for the subject property. Staff supports the applicant's Zone Variance request because the three -car garage depicted on the proposed plans is consistent with the design style of the proposed house and the surrounding neighborhood. The front elevation of the proposed home shows that the three -car garage is proportional to the house and does not dominate the appearance of the home. On this block of West Wistaria Avenue, a majority of the homes have three -car garages facing the street, yet almost all of the lots are just less than 100 feet wide. Several of these homes are shown on the attached photos. Architectural Design Review The proposed home is a 7,200 square -foot, two -story home with a 658 square -foot, attached, three -car garage. The design includes a steep concrete tile roof, shutters for the ground -floor windows, and wrought iron detailing that reflects the French architectural style. In staff's opinion, the design of the proposed residence is of high aesthetic value and is consistent with the City's Single - Family Residential Design Guidelines. CODE REQUIREMENTS All City requirements regarding building safety, fire prevention, fire detection, fire suppression, emergency access, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval. CEQA Pursuant to the provisions of the California Environmental Quality Act (CEQA) the Development Services Department has determined that the proposed project is categorically exempt from CEQA pursuant to Section No. 15305 of the CEQA Guidelines as a Class 5 Categorical Exemption for Minor Alterations of Land Use Limitations. A Preliminary Exemption Assessment is attached. PREREQUISITE CONDITIONS AND FINDINGS Section 9291.1.2 of the Arcadia Municipal Code requires that for a variance to be granted, it shall be shown that the proposal satisfies the following prerequisite conditions: ZV 12 -01 and SF ADR 12 -10 246 W. Wistaria Ave. June 26, 2012 — page 3 A. That 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. The subject property is within a neighborhood where a majority of the homes have three -car garages facing the street, and they are all within a fraction of an inch of meeting the minimum lot width requirement for this three -car garage layout. B. That the granting of such variance 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. The proposal promotes uniformity in development as most existing homes within the block have three -car garages facing the street. C. That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property in the same zone and vicinity. The proposal enables the applicant to develop the subject property in the same manner as the neighboring properties; which is, with a three - car garage that faces the street on a lot that is a fraction of an inch less than the 100 -foot width requirement for such a layout. D. That the granting of such variance will not adversely affect the comprehensive general plan. The proposal is consistent with the provisions of the general plan. Staff finds that the proposed project satisfies all four prerequisite conditions for a zone variance. RECOMMENDATION The Development Services Department recommends approval of Zone Variance Application No. ZV 12 -01 and Single - Family Architectural Design Review No. SF ADR 12 -10, subject to the following conditions: 1. The project shall comply with all applicable Standard Conditions of Approval. 2. All City requirements regarding building safety, fire prevention, fire detection, fire suppression, emergency access, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval. 3. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in ZV 12 -01 and SF ADR 12 -10 246 W. Wistaria Ave. June 26, 2012 — page 4 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 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 officers, employees, and agents in the defense of the matter. 4. Approval of ZV 12 -01 and SF ADR 12 -10 shall not take effect until the property owner(s) and applicant(s) have executed and filed an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should move to approve Application Nos. ZV 12 -01 and SFADR 12 -10; state the supporting findings and environmental determination, and direct staff to prepare a resolution incorporating the Commission's decision, specific determinations and findings, and the conditions of approval for adoption at the Commission's next meeting. Denial If the Planning Commission intends to deny this proposal, the Commission should move to deny Application Nos. ZV 12 -01 and SFADR 12 -10; state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution incorporating the Commission's decision and specific findings for adoption at the next Commission meeting. If any Planning Commissioner or other interested party has any questions or comments regarding this matter prior to the June 26, 2012 public hearing, please contact Nick Baldwin, Assistant Planner at (626) 574 -5444, or nbaldwin(cr,ci.arcadia.ca.us. Approved by Jim Kama Corr�fnunity Development Administrator Attachments: Aerial Photo with Zoning Information Photos of Subject Property and Neighboring Residences 300 -foot Radius Map Letter of Opposition Proposed Plans Photos of Homes with 3 -Car Garages Preliminary Exemption Assessment ZV 12 -01 and SF ADR 12 -10 246 W. Wistaria Ave. June 26, 2012 — page 5 - - THIS PAGE INTENTIONALLY BLANK - - 246 W. Wistaria Ave. ZV 12 -01 and SF ADR 12 -10 246 W. Wistaria Avenue, Subject Property, Lot Width: 99.97 245 W. Wistaria Avenue, Property to the North, Lot Width: 99.97 255 W. Wistaria Avenue, Property to the Northwest, Lot Width: 99.98 252 W. Wistaria Avenue, Property to the West, Lot Width: 99.98 240 W. Wistaria Avenue, Property to the East, Lot Width: 99.98 239 W. Wistaria Avenue, Property to the Northeast, Lot Width: 99.98 263 W. Wistaria Avenue, Property to the Northwest —two over, Lot Width: 99.98 L MONTE AV . „ EL ONTE AVE EL * *3* )0. Subject Property, Wistaria Ave. 4. :s 1=1 ce-) a) 0) co 0) 0 pi LT_ TI 34, la ._ 4 E IiF r 300 - -roo-1 radius June 19, 2012 City of Arcadia — Community Development Division /Planning Services 240 W. Huntington Drive PO Box 60021 Arcadia, CA 91066 Mr. Nick Baldwin: RE: ZV 12 -01 & SF ADR 12 -10 I raise concern regarding the above owner petition to build a home with a 3 car garage on a lot narrower than the city required width of 100 feet. If a zone variance is approved for the above petition, I will legally challenge the city on the grounds of: 1. It is aesthetically unpleasing and unworthy to my neighborhood for a 24 linear foot garage structure opening to face the street on a lot narrower than 100 feet wide. 2. The city will set precedence for future builder(s) to petition zone variances to build structures with 24 linear foot garage opening or larger on properties with lots narrower than 100 feet wide. Thank you. Sincerely, William Lee Parcel # 5785- 020 -057 (119111.11. 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HUNTINGTON DRIVE ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: ZV 12 -01 and SF ADR 12 -10 2. Project Location — Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 246 W. Wistaria Avenue 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Philip Chan (2) Address 68 Genoa St., Unit A, Arcadia, CA 91006 4. Staff Determination: The Lead Agency's Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. c. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: 1 15305 f. ❑ The project is statutorily exempt. Applicable Exemption: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: 6 -26 -12 Preliminary Exemption Assessment\2010 Staff: Nick Baldwin, Assistant Planner FORM "A"