HomeMy WebLinkAboutItem 1 - MC 15-10_1026 PortolaMC 15-10
November 10, 2015
Page 1 of 5
DATE: November 10, 2015
TO: Honorable Chairman and Modification Committee
FROM: Lisa Flores, Planning Services Manager
By: Jordan Chamberlin, Assistant Planner
SUBJECT: MODIFICATION NO. MC 15-10 WITH A CATEGORICAL EXEMPTION
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FOR A SINGLE STORY ADDITION TO AN EXISTING SINGLE-FAMILY
RESIDENCE WITH A MODIFICATION TO THE SIDE YARD SETBACK
AT 1026 PORTOLA DRIVE.
Recommendation: Conditional Approval
BACKGROUND
The subject property is a 10,240 square foot irregularly pie-shaped interior lot zoned R-
1&D, and located within the Santa Anita Village Homeowners Association Area (HOA) –
refer to Attachment No. 1 for an aerial photo with zoning information and photos of the
subject property and surrounding properties. The subject property is developed with a
1,495 square foot, one story, legal non-conforming single-family residence that was built
in 1961. The existing house is considered a legal non-conforming structure because it
does not meet the minimum required side yard setbacks. There are no Oak trees or
Sycamore trees on the subject property or on adjoining properties with protected zones
that overlap onto this property.
On April 8, 2015, the Homeowners’ Association Architectural Review Board (ARB)
Chairperson, Ms. Thompson, approved the design for a new 506 square foot, single
story addition at the rear of the existing two car garage and to re-roof the house – refer
to Attachment No. 2 for the ARB Short Review Form. A noticed, public hearing by the
ARB is not required for single story additions per the City Council Resolution No. 6770,
which authorizes the ARB Chairperson to render a decision administratively. Ms.
Thompson was aware of encroachment into the side yard setback when she approved
the plan and is in support of the request because it is a modest addition on an
irregularly shaped lot.
Encroachments into the required side yard setback for single story additions that
maintain the same or greater side yard setback are typically handled administratively,
MC 15-10
November 10, 2015
Page 2 of 5
but this application is before the Modification Committee because the Applicant could
not obtain the required signatures from an adjacent property owner.
ANALYSIS
The Applicant is proposing a 506 square foot, single story addition at the rear of the
existing two car garage for a new master bedroom and bathroom – refer to Attachment
No. 3 for the proposed Architectural Plans. The proposal is to align the new addition
with the existing wall plane of the existing two-car garage.
According to City Council Resolution No. 6770, the required side yard setback for the
Village Homeowners Association is 10% of the front lot width, but no less than 5’-0”. In
this case because the subject site is a pie-shaped lot and has a front lot width of 275’-
3”, the minimum side yard setback is 27’-6”, as shown below. The application is
requesting a modification to align the new addition with the existing wall place of the
two-car garage and to allow a side yard setback that varies between 13’-0” to 26’-0”
instead of 27’-6” since the lot tapers toward the rear of the property, it would be merely
impossible to propose any addition on the first floor without encroaching into a required
setback due to the existing layout of the building.
The proposed addition also faces the carport of the adjacent multi-family residential
development to the south, as shown below, therefore it would not negatively impact by
being located closer to the side property line. As shown in the images below there is no
privacy issue because there is adequate distance between the buildings and the carport
is located between them.
Site Plan
MC 15-10
November 10, 2015
Page 3 of 5
FINDINGS
Section 9292.1.4 of the Arcadia Municipal Code states that the purpose of the
Modification procedures is for the following:
1. Secure an appropriate improvement of a lot;
Subject Property
Subject Property
Neighboring
Multiple-Family
Development
Neighboring Multiple-
Family Development
Addition Area
Addition Area
Carport
Carport on
neighboring
property
MC 15-10
November 10, 2015
Page 4 of 5
2. Prevent an unreasonable hardship; or
3. Promote uniformity of development
The subject property is an irregular, pie shaped lot, with a front property line that is
approximately 275’ wide; three times wider than the front lot widths of the two nearest
lots. The side yard setback requirement makes it infeasible for any addition to be
constructed without having to encroach into the required side yard setback due to the
existing layout of the building. This creates an unreasonable hardship for the property
owner to build a reasonable size addition and improve the property. With the approval
of the proposed modification, the proposed development is in compliance with City
Council Resolution No. 6770 and meets all other the R-1 Zoning Regulations.
ENVIRONMENTAL ANALYSIS
The proposed project qualifies as a Class 5 Exemption for Minor Alterations in Land
Use Limitations from the requirements of the California Environmental Quality Act
(CEQA) under Section 15305 of the CEQA Guidelines.
PUBLIC COMMENTS
Public hearing notices were mailed on October 29, 2015 to the property owners within
100 feet of the subject site. During the notification period, staff received one concern
from the President of the Homeowners’ Association of the multi-family residential
development that is located next door. She informed staff that the residents were
opposed to the proposed addition due to its proximity to their residences and the
proposed one-story addition is too large in size for the subject site.
RECOMMENDATION
It is recommended that the Modification Committee conditionally approve Modification
Application No. MC 15-16 and find that the project is exempt per CEQA Section 15305,
subject to the following conditions of approval:
1. 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, Modification Committee, or City Staff, which action is brought within
the time period provided for in 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 officials, officers, employees, and agents in the defense of the matter.
MC 15-10
November 10, 2015
Page 5 of 5
2. Approval of MC 15-10 shall not be of effect unless on or before 30 calendar days
after approval of this project, the property owner/applicant has executed and filed
with the Community Development Administrator or designee an Acceptance Form
available from the Development Services Department to indicate awareness and
acceptance of these conditions of approval.
Attachment No. 1: Aerial Photo with Zoning Information & Photos of Subject Property
and Vicinity
Attachment No. 2: Approved ARB Short Review
Attachment No. 3: Architectural Plans
Attachment No. 1
Attachment No. 1
Aerial Photo with Zoning Information &
Photos of Subject Property and Vicinity
Overlays
Selected parcel highlighted
Parcel location within City of ArcadiaD
n/a
n/a
n/a
Property Owner(s):
Architectural Design Overlay:
Downtown Overlay:
Special Height Overlay:
Parking Overlay:
Lot Area (sq ft):
Year Built:
Main Structure / Unit (sq. ft.):
General Plan:
R-1 (7,500)
Number of Units:
LDR
Zoning:
Property Characteristics
1961
1,495
1
%LQ4X
Site Address:
1026 PORTOLA DR
This map is a user generated static output from an Internet mapping site and is for
reference only. Data layers that appear on this map may or may not be accurate, current,
or otherwise reliable.
Report generated04-Nov-2015
Page 1 of 1
Photo of the subject property, 1026 Portola Drive, looking southeast
Photo of the subject property, 1026 Portola Drive, looking east
Photo of the neighboring property to the north, 1021 Portola Drive
Photo of the neighboring property to the east, 1020 Portola Drive
Photo of the neighboring multple-family property to the south, 1025 W. Huntngton Drive, taken from Portola Drive
Photo of the neighboring multple-family property to the south, 1025 W. Huntngton Drive, taken from W. Huntngton Drive
Photo of the neighboring property to the northwest, 727 Cortez Road
Photo of the neighboring multple-family property to the west, 1030 Portola Road
Attachment No. 2
Attachment No. 2
Approved ARB Short Review
Attachment No. 3
Attachment No. 3
Architectural Plans