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Item 1 - MC 16-01 and MFADR 15-25
MC 16-01 and MFADR 15-25 March 8, 2016 Page 1 of 4 DATE: March 8, 2016 TO: Honorable Chairman and Modification Committee FROM: Lisa Flores, Planning Services Manager By: Jeff Hamilton, Contract Planner SUBJECT: MODIFICATION NO. MC 16-01 AND MULTI-FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 15-25 WITH A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW THE EXPANSION OF A LEGAL NON- CONFORMING SINGLE FAMILY RESIDENCE FROM 629 TO 1,156 SQUARE FEET WITH A NEW TWO-CAR GARAGE AND SETBACK MODIFICATIONS TO THE WESTERLY SIDE AND REAR YARD SETBACKS ON A PROPERTY THAT IS ZONED MULTIPLE FAMILY (R- 3)AT 137½ BONITA STREET. Recommendation: Conditional Approval BACKGROUND The subject property is a 4,000 square foot substandard lot that faces the alley and is located behind another legal lot with no street frontage along Bonita Street. The property is zoned Multiple-Family (R-3) and has an existing 629 square foot legal non- conforming house - refer to Attachment No. 1 for an aerial photo with zoning information and photos of the subject property and surrounding properties. The only access to this property is from the alley that is located between 1st and 2nd Avenue. Since the property has no street frontage, the lot lines that are not in front of the alley are considered side lot lines and the area between the lot lines and the structures are identified as the side yard setbacks. The existing 629 square foot house is considered legal non-conforming since it has a westerly side setback of 8 feet where 10 feet is required and has no garage. According to the City’s records, the one-car detached garage was converted to a storage room in 1992. ANALYSIS The Applicant is proposing to expand the existing 629 square foot, one-story residence to 1,156 square feet, add a new 405 square foot two-car garage that will be attached to MC 16-01 and MFADR 15-25 March 8, 2016 Page 2 of 4 the main house, and a new 168 square foot raised deck at the south end of the house. The proposed addition of 527 square feet will consist of a new bedroom and a bathroom. A new entry gate is also proposed adjacent to the garage, which will lead to the new front entrance on the east side of the house. The project addition will match the existing exterior appearance of the house, which includes the roof, stucco, and eaves. The proposed project is considered a remodel since less than 50 percent of the existing exterior walls and floor system will be removed and/or altered. Per AMC Sec. 9255.1.5, alterations or expansions of a single-family dwelling may be allowed in the R-3 zone upon approval by the Modification Committee if the new floor area exceeds 500 square feet but is less than 1,000 square feet. The proposed 527 square foot addition is reasonable in terms of size and location, and the proposed addition will not be closer to the property lines than the existing portions of the house other than the rear wall of the garage, which will still provide adequate space to allow for turning movement. The continuation of the 8 foot setback on the westerly side, and the reduced rear yard setback of 5 feet rather than 10 feet, is reasonable as this is a remodel, not new construction, the property is very small in size and shape, and it already has an existing single-family house. The reduced rear yard setback still provides for a 25 foot turning radius to access a full size garage. The proposed project with the reduced setbacks will secure an appropriate improvement to the property that will ensure neighborhood compatibility. Architectural Design Review The architectural style of the proposed addition will match the colors and materials of the existing residence. The applicant is also proposing to upgrade all of the windows from aluminum to vinyl clad. The proposed architectural style is compatible with the existing multi and single family residences on this block and the City’s Design Guidelines. MC 16-01 and MFADR 15-25 March 8, 2016 Page 3 of 4 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; 2. Prevent an unreasonable hardship; or 3. Promote uniformity of development With the approval of the proposed modifications and expansion to the legal non- conforming structure, the proposed addition meets all other zoning requirements. Given the unusual lot size, granting an expansion to the existing legal non-conforming structure would allow for the appropriate improvements to be made to the property that would be uniform in developing with neighboring homes. Additionally, the proposed modifications are unlikely to create unreasonable hardship; rather it will allow the property owner to utilize the land to its fullest potential with a reasonably sized home and a standard two-car garage. ENVIRONMENTAL ANALYSIS Under the additions to an existing structure and minor adjustments to setbacks, the proposed project qualifies for a Class 1 and Class 5 Exemptions from the requirements of the California Environmental Quality Act (CEQA) under Section 15301(e)(1) and 15305 of the CEQA Guidelines. PUBLIC COMMENTS Public hearing notices were mailed on February 25, 2016, to the property owners within 100 feet of the subject site. As of March 3, 2016, staff has not received any public comments for this project. RECOMMENDATION It is recommended that the Modification Committee conditionally approve Modification Application No. MC 16-01 and Multi-Family Architectural Design Review No. MFADR 15-25 and find that the project is exempt per CEQA Sections 15301(e)(1) and 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 MC 16-01 and MFADR 15-25 March 8, 2016 Page 4 of 4 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. 2.Approval of MC 16-01 and MFADR 15-25 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: Architectural Plans and Preliminary Exemption Assessment Attachment No. 1 Aerial Photo & Photos of Subject Property and Surrounding Properties Overlays Selected parcel highlighted Parcel location within City of Arcadian/a 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-3 Number of Units: HDR Zoning: Property Characteristics 1921 576 0 KIM,GARY M AND ELSA AND KIM,GARY Site Address: 137 1/2 BONITA ST 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 generated29-Jan-2016 Page 1 of 1 4,000 Disclaimer: 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. THIS MAP IS NOT TO BE USED FOR NAVIGATION 0.0 © City of Arcadia WGS_1984_Web_Mercator_Auxiliary_Sphere 0Miles0.00.01 Legend 1: City of Arcadia Reported on 01/29/2016 10:21 AM 524 Notes This map was automatically generated using Geocortex Essentials. City Boundary Arcadia City Boundary Sphere of Influence Parcels LA County Parcels Rear of the property from the alley. View east down the alley. Neighboring property to the west. Property across the alley to the northwest. Property due north across the alley. Property due north across the alley. Property northeast across the alley. Existing one-car garage on the property. Side of the one-car garage and area behind existing house. Rear of the existing house. Yard behind the existing house. South side of house facing neighboring property. View to the south towards back yard of house at 137 Bonita St. Attachment No. 2 CEQA Exemption Form and Architectural Plans CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1.Name or description of project:Modification No. MC 16-01 and Multi-Family Architectural Design Review No. MFADR 15-25 to allow the expansion of a single family home from 629 to 1,156 square feet, the continuation of an 8' side setback where 10' is required, and a rear setback of 5' where 10' is required, in the Multiple Family (R-3) zone. 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): 137 1/2 Bonita St. (cross streets: Bonita Street and 1st Avenue 3.Entity or person undertaking project:A. B. Other (Private) (1) Name Michael Lancy (2) Address 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: Class 5 (15305 ) Additions to an existing facility and minor adjustments to setbacks 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: January 21, 2016 Staff: Jeff Hamilton, Contract Planner Preliminary Exemption Assessment\2011 FORM “A”