HomeMy WebLinkAboutItem No. 2 - 274 & 276 W. Duarte RdMC 16-12 & Admin ADR 16-52
July 26, 2016
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DATE: July 26, 2016
TO: Honorable Chairman and Modification Committee
FROM: Lisa Flores, Planning Services Manager
By: Jordan Chamberlin, Assistant Planner
SUBJECT: MODIFICATION NO. MC 16-12 AND ADMINISTRATIVE
ARCHITECTURAL DESIGN REVIEW NO. ADMIN ADR 16-52 WITH A
CATEGORICAL EXEMPTION FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW THE
EXPANSION OF A LEGAL NON-CONFORMING DUPLEX BY
ALLOWING A NEW 400 SQUARE FOOT, DETACHED, TWO CAR
GARAGE ON A PROPERTY THAT IS ZONED SINGLE FAMILY (R-1) AT
274 & 276 W. DUARTE ROAD
Recommendation: Conditional Approval
BACKGROUND
The subject property is a 23,905 square foot, interior lot zoned Single-Family (R-1). The
lot is currently developed with two detached units. Unit 274, the unit adjacent to W.
Duarte Road, is 2,696 square feet. Unit 276, the rear unit, is 1,675 square feet. There is
a 541 square foot garage that is attached to Unit 276 that is used by Unit 274; Unit 276
has no internal access to the garage. Unit 276 does not have an enclosed or covered
garage - refer to Attachment No. 1 for an aerial photo with zoning information and
photos of the subject property and surrounding properties. The following Zoning
Modifications have been previously approved for the subject property:
• Modification Application No. MC 03-04 – To legalize an existing unpermitted 240
square foot family room and bathroom for Unit 274.
• Modification Application No MC 03-30 – To construct a 340 square foot addition
to Unit 274 in lieu of legalizing the 240 square foot addition.
• Modification Application No. MC 10-08 – To legalize a 492 square foot addition
to Unit 274, legalize a 524 square foot addition for unit 276, and allow a 9’-0”
easterly side yard setback in lieu of the 10’-1” required.
MC 16-12 & Admin ADR 16-52
July 26, 2016
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Per AMC Sec. 9252.1.7., alterations or expansions of a nonconforming use may be
permitted in the R-1 zone upon approval by the Modification Committee
ANALYSIS
The applicant is proposing to add a 400 square foot, detached garage at the rear of the
property for Unit 276; approximately 220-feet from the street – refer to Attachment No 2.
for the proposed Architectural Plans.
There is an existing 541 square foot garage attached to Unit 276 but it is used by the
tenants of Unit 274. The tenants of Unit 276 currently park in an uncovered parking area
where the new garage is proposed.
The Multiple Family Zoning Regulations (R-3) requires that two covered, 9’x19’ parking
spaces, be provided for each dwelling unit, as a result, four covered parking spaces
would be required for this property. The R-1 Zoning Regulations requires that all
required parking be provided within an enclosed garage. Both the Multiple Family and
Single Family parking standards require a two car garage. Because this is in the R-1
Zone, it must be enclosed and not covered as allowed in the R-3. The applicants
request to add a 400 square foot, two-car garage is consistent with the requirements for
an R-3 zoned property. The proposed garage will comply will all Zoning Regulations for
the R-1 Zone, including setbacks and lot coverage.
The architectural style of the proposed addition will match the colors and materials of
the existing residence. The proposed architectural style is compatible with the existing
single family residences on this block and the City’s Design Guidelines.
Location of the
existing 2-car garage
Proposed location of the
new 2-car garage
MC 16-12 & Admin ADR 16-52
July 26, 2016
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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 expansion to the legal non-conforming use, the proposed
garage meets all other zoning requirements. Given that four covered parking spaces are
required for other R-3 zoned properties, granting an expansion to the existing legal non-
conforming use will allow for the appropriate improvements to be made to the property.
Additionally, the proposed modifications are unlikely to create unreasonable hardship
due to the proposed location of the garage and the size of the lot; rather it will allow the
property owner to utilize the land to its fullest potential and have covered parking for
both units.
ENVIRONMENTAL ANALYSIS
Under the new construction of a small structure the proposed project qualifies for a
Class 3 Exemptions from the requirements of the California Environmental Quality Act
(CEQA) under Section 15303(e) of the CEQA Guidelines.
PUBLIC COMMENTS
Public hearing notices were mailed on July 15, 2016, to the property owners within 100
feet of the subject site. As of July 21, 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 16-12 and Administrative Architectural Design Review No. Admin
ADR 16-52 and find that the project is exempt per CEQA Sections 15303(e), 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
MC 16-12 & Admin ADR 16-52
July 26, 2016
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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 16-12 and Admin ADR 16-52 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 with Zoning Information &
Photos of Subject Property and Vicinity
Photo of the subject property, 274 and 276 W. Duarte Road
Photo of the neighboring property to the north, 281 W. Duarte Road
Photo of the neighboring property to the northeast, 273 W. Duarte Road
Photo of the neighboring property to the east, 268 W. Duarte Road
Photo of the neighboring property to the west, 290 W. Duarte Road
Photo of the neighboring property to the northwest, 301 W. Duarte Road
Attachment No. 2
Architectural Plans and Preliminary
Exemption Assessment