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HomeMy WebLinkAboutItem 1b: Appeal of Planning Commission Denial of Modification Application for a 4-unit Development at 137 California Street AY4YR f. 1404 ��altyof STAFF REPORT Development Services Department DATE: May 17, 2011 TO: Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director' By: Jim Kasama, Community Development Administrator Prepared By: Tim Schwehr, Assistant Planner Thes SUBJECT: AN APPEAL OF THE PLANNING COMMISSION DENIAL OF MODIFICATION APPLICATION NO. MP 10 -06 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 10 -16 FOR AN ADDITION TO A LEGAL - NONCONFORMING, FOUR -UNIT, MULTIPLE - FAMILY DEVELOPMENT THAT WOULD REPLACE THE EXISTING ONE - STORY, 776 SQUARE -FOOT, DETACHED FRONT RESIDENTIAL UNIT WITH A TWO- STORY, 1,932 SQUARE -FOOT, DETACHED RESIDENCE WITH AN ATTACHED 432 SQUARE - FOOT, TWO -CAR GARAGE AT 137 CALIFORNIA STREET. Recommendation: Uphold Appeal and Conditionally Approve MP 10 -06 & ADR 10 -16 SUMMARY The subject applications were filed by Mr. Michael Chen for an addition to a legal - nonconforming, four -unit, multiple - family residential development that would replace an existing one -story, 776 square -foot, detached front residential unit with a two - story, 1,932 square -foot, detached residence and attached 432 square -foot, two -car garage at 137 California Street. An aerial photo of the subject property is attached. The Development Services Department recommended approval of the applications, subject to the conditions of approval listed in this staff report. The Planning Commission voted 3 -to -2 to deny the applications and the applicant filed an appeal to the City Council. The appeal letter is attached. BACKGROUND Project Site The subject property is zoned R -3, High Density Multiple - Family Residential, and is presently improved with a 776 square -foot, one -story, detached single - family residence at the front of the property constructed in 1926, and a 2,982 square -foot, two -story triplex with four, attached one -car garages at the rear of the property. The triplex was constructed in 1962. Photos of the subject and surrounding properties are attached. There are no prior Modifications or other discretionary approvals for this property. The existing improvements are considered legal- nonconforming because they were built in accordance with the zoning requirements at that time, but do not meet the current zoning requirements. The Arcadia Municipal Code in Section 9255.1.5 of the R -3 regulations requires that any construction at an R -3 property include the removal or remodeling to conform to the R -3 regulations of all nonconforming structures, unless they are approved through a Modification. The proposed detached single - family residence complies with all current zoning requirements. Modification Application No. MP 10 -06 requests approval of the following Modifications to retain as is, the existing legal- nonconforming triplex: A. Four (4) resident parking spaces in lieu of six (6) required; B. No guest parking spaces in lieu of two (2) required; C. A 9' -0" rear yard setback in lieu of 10' -0" required; D. A 6' -0" west side yard setback in lieu of 10' -0" required; E. No private open spaces in lieu of the required 100 square -feet of contiguous private open space for each unit; F. No laundry facilities in lieu of one common laundry facility (washer & dryer) required; and G. A zero rear yard setback in lieu of 10' -0" required for a new trash enclosure. Planning Commission Action On April 12, 2011, the Planning Commission denied Modification Application No. MP 10 -06 and Architectural Design Review No. ADR 10 -16 to allow an addition to a legal- nonconforming, four -unit, multi - family residential development to replace the existing, one -story, 776 square -foot, detached front residence with a two -story, 1,932 square -foot, detached residence with an attached 432 square -foot, two -car garage. Staffs recommendation was for conditional approval of the proposal, with the conditions that one additional guest parking space be added along the east property line adjacent to the triplex entrance, and new landscaping be added between the new front residence and existing triplex. The April 12, 2011 Planning Commission staff report is attached. The Planning Commission's decision to deny the applications was based on the following concerns: Appeal of MP 10 -06 & ADR 10 -16 137 California Street May 17, 2011 — Page 2 • The parking shortage at the property; including the fact that a fire hydrant in front of this property prevents guests from parking directly in front of this property; • . That the existing four one -car garages are not used for parking, but for storage; and • That the existing triplex does not conform to the current setback and open space requirements. At the hearing, the applicant, Mr. Michael Chen, stated that the property owner is planning to occupy the front residence with his family, and that they would park their two vehicles in the new attached two -car garage. Mr. Chen explained that the current tenants of the triplex each have only one vehicle, and that all three vehicles park on -site. There are no overnight on- street parking permits issued for the subject property. It was moved by Commissioner Baderian, and seconded by Chairman Parille, to deny Modification Application No. MP 10 -06 and Architectural Design Review No. ADR 10 -16. The Commission voted 3 -to -2 to deny the applications. An excerpt of the minutes of the April 12, 2011 Planning Commission meeting is attached. Mr. Chen appealed the Planning Commission decision within the prescribed five working day appeal period. DISCUSSION The applicant is proposing to demolish the existing 776 square -foot front residence, and replace it with a two -story, 1,932 square -foot, detached residence with an attached 432 square -foot, two -car garage. A new driveway and new landscaping are also proposed for the front of the property. The rear triplex and four attached one -car garages will remain and be repainted to match the new front residence. The proposed plans are attached. The rear triplex was built in 1962 and Modification Requests A — F are for aspects that were in compliance with the Code in 1962. Modification Request G is to accommodate a new trash enclosure. The requested zero rear setback will not impact the adjacent properties as this property backs up to a 20 -foot wide alley. The architectural style of the proposed new front residence is Mediterranean. The detailing has been kept relatively simple in order to not contrast too sharply with the existing triplex, which is a simple, stucco - finished building. The concrete -tile roof of the new residence will match the color of the roof on the triplex, and the triplex will be repainted to match the color scheme of the new front residence. It is staffs opinion that the architectural design is consistent with City's Multiple - Family Residential Design Guidelines, and that approval of the Modifications would provide for an appropriate improvement of the property and the neighborhood. Appeal of MP 10 -06 & ADR 10 -16 137 California Street May 17, 2011 — Page 3 Parking There is an existing parking deficiency of 4 resident parking spaces in lieu of 8 required, and 0 guest parking spaces in lieu of 2 required. There is an existing unpermitted parking space striped in front of the garages that will be removed. As a condition of approval, staff recommended adding 1 guest parking space along the east side of the property adjacent to the triplex entrance. With the new front residence with a two -car garage, and the 1 new guest parking space, the parking deficiency will be reduced to 6 resident parking spaces in lieu of 8 required, and 1 guest parking space in lieu of 2 required for a net gain of 3 on -site parking spaces. Staff also recommended as a condition of approval that the 15 -foot wide paved asphalt area between the triplex and proposed front residence be replaced with landscaping. Existing and New Parking Deficiency Parking Parking Parking Units Sq. Ft. Requirement Provided Deficiency Existing 4 3,758 10 spaces 4 spaces 6 spaces (8 resident + 2 guest) (4 resident + 0 guest) Proposed 4 4,914 10 spaces 7 spaces 3 spaces (8 resident + 2 guest) (6 resident + 1 guest) The Code requires that any construction at an existing legal- nonconforming multiple - family zoned property include bringing all nonconforming structures into compliance with the current zoning regulations, unless approved through a Modification. The proposed new front residence will comply with all current requirements, but the existing triplex requires the aforementioned Modifications. Generally, staff does not encourage additions to nonconforming multiple - family developments; however this proposal will reduce the existing parking deficiency, add landscaping, provide a trash enclosure, and substantially improve the appearance of the property. The proposed new front residence and attached two -car garage will meet the City's zoning requirements, and as a condition of approval, a new guest parking space is to be provided for the triplex. The applicant, Mr. Michael Chen, has stated that none of the current residents park their vehicles on the street overnight and staff has confirmed that there are no overnight on- street parking permits issued for any of the four units at 137 California Street. From staffs observations and inspection of the subject property, it appears that the four one -car garages are not used for parking, but rather for storage, and while there is only the one unpermitted parking space striped by the triplex, the lack of overnight on- street parking permits indicates that all the tenants are managing to park on -site. Currently, the area between the triplex and existing front residence is paved with asphalt. Because this area is not accessible for parking, staffs recommendation to install landscaping in this area will help to beautify the property and increase permeable area without impacting the number of on -site parking spaces. Appeal of MP 10 -06 & ADR 10 -16 137 California Street May 17, 2011 — Page 4 Code Requirements All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, and site access are required to be complied with 'to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. FINDINGS Approval If the City Council intends to approve the project, the Council must find that the Modifications serve at least one of the following purposes: 1. Secure an appropriate improvement of a lot; 2. Prevent an unreasonable hardship; or 3. Promote uniformity of development. Denial If the City Council intends to deny this project, the Council must find that based on the evidence presented, the project does not meet any of the above purposes. ENVIRONMENTAL ASSESSMENT The proposed project, as a minor alteration to an existing facility is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301(e)(2) of the CEQA Guidelines, which exempts additions up to 10,000 square feet if all public services are available for maximum development per the General Plan, and the area is not environmentally sensitive. A Preliminary Exemption Assessment is attached. CONDITIONS OF APPROVAL If the City Council intends to approve the project, the Development Services Department recommends the following conditions of approval: 1. One (1) guest parking space shall be added along the east side property line adjacent to the triplex entrance. The specific location shall be subject to the approval of the Development Services Director or designee. 2. The final building plans shall include new landscaping between the proposed front residence and existing triplex. The additional landscaping shall be subject to the approval of the Development Services Director or designee. 3. All City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right -of -way improvements, parking, Appeal of MP 10 -06 & ADR 10 -16 137 California Street May 17, 2011 — Page 5 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, Fire Marshal, Public Works Services Director and Development " Services Director. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval. 4. 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 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. 5. Approval of MP 10 -06 and ADR 10 -16 shall not take effect until the applicant and property owner have executed and filed an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of the conditions of approval. RECOMMENDATION It is recommended that the City Council overturn the Planning Commission's denial, and approve Modification Application No. MP 10 -06 and Architectural Design Review No. ADR 10 -16, subject to the above - mentioned conditions based on a finding that the proposed project will secure an appropriate improvement of a lot. Approved: Donald Penman, City Manager Attachments: 1. Aerial Photo 2. Appeal Letter 3. Planning Commission Staff Report, dated April 12, 2011 4. Excerpt of the April 12, 2011 Planning Commission Meeting Minutes 5. Photos of Subject and Surrounding Properties 6. Architectural Plans 7. Preliminary Exemption Assessment Appeal of MP 10 -06 & ADR 10 -16 137 California Street May 17, 2011 — Page 6 s 1 R -3 ,� . i r R -3 ,. r ,... . I ''.t.i. , 4 Subje Property kr Fill . . -, h a . R -3 _ .. R s t a ss x ,i* !�! 4 0,,,4. - ll art ii tar al s x j #� N iv t �, • "' s .± 137 California Street .11 ��' � MP 10 06 ADR & R 10 -16 0.44-....._,.. . - MICHAEL T.H. CHEN AIA ARCHITECT 642 E. Dewey Avenue, Suite B San Gabriel, CA 91776 Phone: (626) 288 -5568 April 15, 2011 Arcadia City Council City of Arcadia 240 W. Huntington .Dr. Arcadia, CA 91066 Subject: Modification Application No. MP 10 -06 & Architectural Design Review No. ADR 10 -16 Dear Mr. Mayor and members of the City Council., I am appealing the decision by Arcadia Planning Commission on "Modification Application No. MP 10 -06 and Architectural Design Review No.ADR 10 -16, dated April 12, 2011.. I believe the proposed project is a substantial improvement and enhancement to the neighborhood and City of Arcadia for the following reasons: 1. By replacing a small, 1- story, very old, structurally unsound house with a new 2- story, 3- bedrooms, mediterranean style house with a attached 2 -car garage will enhance the neighborhood's appearance of multi- level, multi -unit of apartments and condominiums. 2. I understand there is a parking deficiency for the existing triplex and small house. The propose 2 -story house will be have an attached 2 -car garage. The city planning staff propose to add a guest parking space along the east side property line adjacent to the triplex entrance. A total of 3 parking spaces will be added to the existing 4 -car garage. The total number of residential units will remain.the same, 4- units. 3. Completely new landscaping will be installed at the front yard and at the open space between the new house and the existing triplex. A new trash enclosure will be installed at the rear of the existing triplex. 4. The property owner, a family of four will occupy the new 2 -story front unit, pending Council's approval, thus ensure the entire property will always be well kept. I am looking forward to the council's favorable decision. Sincerely, k,L RECEIVED Michael Chen Architect APR 18 2011 Planning Servir ^r City ofArc ,�: • F ARC, 4 A S,IPOR j 1 ti G q�� 7 0 413 t . : 41 Ao,..t f. Iftl3 �++a3cy oil STAFF REPORT Development Services Department April 12, 2011 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Assistant Planner SUBJECT: Modification Application No. MP 10 -06 and Architectural Design Review No. ADR 10 -16 to allow an addition to a legal- nonconforming, four -unit, multi - family residential development at 137 California Street. SUMMARY Mr. Michael Chen submitted Modification Application No. MP 10 -06 and Architectural Design Review No. ADR 10 -16 to allow an addition to a legal - nonconforming, four (4) unit, multi - family residential development with six (6) parking spaces for the residents in lieu of eight (8) required, and no (0) guest parking spaces in lieu of two (2) required to replace the existing, one -story, 776 square -foot, detached front residence with a two -story, 1,932 square -foot, detached residence with an attached 432 square -foot, two -car garage at 137 California Street. It is staffs opinion that the project will secure an appropriate improvement and enhance the appearance of the subject property and will not adversely impact the neighboring properties. The Development Services Department is recommending approval of the proposed project, subject to the conditions listed in this staff report. GENERAL INFORMATION APPLICANT: Mr. Michael Chen LOCATION: 137 California Street REQUEST: Approval of Modifications and Architectural Design Review to allow the replacement of the existing, one -story, 776 square -foot, detached, front residence with a two -story, 1,932 square -foot, detached residence with an attached, 432 square -foot, two -car garage at a legal- nonconforming, four -unit, multi - family residential development with six (6) parking spaces for the residents in lieu of eight (8) required, and no (0) guest parking spaces in lieu of two (2) required at 137 California Street. SITE AREA: 8,000 square feet (0.18 acres) FRONTAGE: 50 feet along California Street with a 20 -foot wide alley at the rear EXISTING LAND USE & ZONING: The site is improved with a one -story, 776 square -foot, detached, front residence built in 1925, and a two -story, 2,982 square -foot, triplex that is attached to four, one -car garages built in 1962. The property is zoned R -3, High- Density Multiple - Family Residential. SURROUNDING LAND USES & ZONING: North: 10 -unit residential complex zoned R -3 South: Single- family residence zoned R -3 East: 8 -unit residential complex zoned R -3 West: 8 -unit residential complex zoned R -3 GENERAL PLAN DESIGNATION: High- Density Residential —12 to 30 units per acre PUBLIC HEARING NOTIFICATION Public hearing notices of Modification Application No. MP 10 -06 and Architectural Design Review Application No. ADR 10 -16 were mailed on April 1, 2011 to the property owners and tenants of those properties that are within 100 feet of the subject property — see the attached radius map. Because the proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in a local newspaper. BACKGROUND INFORMATION The subject property is presently improved with a 776 square -foot, one -story, detached residence at the front of the property constructed in 1926, and a 2,982 square -foot, two -story triplex that is attached to four, one -car garages at the rear of the property. The triplex was constructed in 1962. There are no prior Modifications or other discretionary approvals for this property. The existing improvements are considered legal- nonconforming because they were built in accordance with the zoning requirements at that time, but do not meet the current zoning requirements. The Arcadia Municipal Code in Section 9255.1.5 of the R -3 regulations requires that any addition to an R -3 property include the elimination of any nonconforming situations unless they are approved through a Modification. Application No. MP 10- 06 is to request approval of the following Modifications for the existing triplex. The proposed detached residence complies with all current zoning requirements. • A 9' -0" rear yard setback in lieu of 10' -0" required; • A 6' -0" west side yard setback in lieu of 10' -0" required; MP10 - & ADR10 -16 137 California Street April 12, 2011— page 2 • No adjacent private open space in lieu of the required 100 square -feet of contiguous private open space for each dwelling unit; and • No laundry facilities in lieu of one common laundry room required. PROPOSAL AND ANALYSIS The applicant is proposing to demolish the existing 776 square -foot front residence, and replace it with a two -story, 1,932 square -foot, detached residence with an attached 432 square -foot, two -car garage. A new driveway and new landscaping are also proposed for the front of the property. The rear triplex and four, one -car garages will remain and be repainted to match the new, front residence. There is an existing parking deficiency of four (4) resident parking spaces in lieu of eight (8) required, and no (0) guest parking spaces in lieu of two (2) required. With the new, front residence and two -car garage, the parking deficiency will be decreased to six (6) resident parking spaces in lieu of eight (8) required. No (0) guest parking spaces are proposed. There is an existing unpermitted parking space striped in front of the garages that will be removed. As a condition of approval, staff recommends adding one guest parking space along the east side of the property adjacent to the triplex entrance. With the new garage and guest parking space, there will be a net gain of three (3) on -site parking spaces. Staff is also recommending as a condition of approval that the 15 -foot wide paved asphalt area between the triplex and proposed front residence be replaced with landscaping. The apartment complex currently has no trash enclosure. The applicant is proposing a new trash enclosure at the rear of the triplex. To accommodate the trash enclosure, the applicant is requesting a Modification for a zero rear yard setback for the trash enclosure in lieu of 10 -feet required. The zero setback should not impact the adjacent properties as this property backs up to a 20 -foot wide alley. The architectural style of the proposed new front residence is Mediterranean. The detailing has been kept relatively simple in order to not contrast too sharply with the existing triplex, which is a simple, stucco - finished building. The concrete -tile roof of the new residence will match the color of the roof on the triplex, and the triplex will be repainted to match the color scheme of the new front residence. It is staffs opinion that the architectural design is consistent with City's Multi - Family Residential Design Guidelines, and that approval of the Modifications would provide for an appropriate improvement of the property and the neighborhood. CODE REQUIREMENTS All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency access, and parking and site design are required to be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. MP10 -06 & ADR10 -16 137 California Street April 12, 2011- page 3 CEQA Proposed projects that are not approved, are by virtue of being denied, exempt from any further environmental assessment. If approved, however, and if it is determined that no significant physical alterations to the site are necessary, then this project, as a multi - family residential development totaling Tess than six (6) units is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303(b) of the CEQA Guidelines. A Preliminary Exemption Assessment is attached to this staff report. RECOMMENDATION The Development Services Department recommends approval of Modification No. MP 10 -06 and Architectural Design Review Application No. ADR 10 -16, subject to the following conditions: 1. One (1) guest parking space shall be added along the east side property line adjacent to the triplex entrance. The specific location shall be subject to the approval of the Development Services Director or designee. 2. The final building plans shall include new landscaping between the proposed front residence and existing triplex. The additional landscaping shall be subject to the approval of the Development Services Director or designee. 3. All City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right -of -way improvements, 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, Fire Marshal, Public Works Services Director and Development Services Director. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval. 4. 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 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 MP10 -06 & ADR10 -16 137 California Street April 12, 2011— page 4 attorney to represent the City, its officers, employees, and agents in the defense of the matter. 5. Approval of MP 10 -06 and ADR 10 -16 shall not take effect until the applicant • and property owner have executed and filed an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of the conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve the project, the Commission should move to approve Modification No. MP 10 -06 and Architectural Design Review No. ADR 10 -16, subject to the conditions set forth above, or as modified by the Commission, based on at least one of the following purposes: 1. That the Modifications will secure an appropriate improvement of a lot; 2. That the Modifications will prevent an unreasonable hardship; or 3. That the Modifications will promote uniformity of development. Denial If the Planning Commission intends to deny this project, the Commission should move to deny Modification No. MP 10 -06 and Architectural Design Review No. ADR 10 -16, based on the evidence presented and state the reasons why the project does not meet any of the above purposes. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the April 12 public hearing, please contact Assistant Planner, Tim Schwehr by calling (626) 574 -5422, or by email at tschwehr @ci.arcadia.ca.us. Approved by: Jim Kasama /Community Development Administrator Attachments: Aerial Photograph with Zoning Information 100 -Foot Radius Map Site and Neighborhood Photographs Architectural Plans Preliminary Exemption Assessment MP10 -06 & ADR10 -16 137 California Street April 12, 2011— page 5 MINUTES ARCADIA PLANNING COMMISSION otEmi "' Tuesday, April 12, 2011, 7:00 P.M. � 4 Arcadia City Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, April, 12, 2011, at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive with Chairman Parrille presiding. 1. MODIFICATION NO. MP 10 -06 & ARCHITECTURAL DESIGN REVIEW NO. ADR 10 -16 137 California St. Michael Chen The applicant is requesting a Zoning Modification and Architectural Design Review approval to allow an addition to a legal non - conforming four -unit multi - family development with six (6) parking spaces for the residents in lieu of eight (8) required, and no (0) guest parking spaces in lieu of two required to replace the existing, one- story, 776 square -foot, detached front residential unit with a two -story, 1,932 square - foot, detached residential unit with an attached 432 square -foot, two -car garage. Assistant Planner, Tim Schwehr presented the staff report. Commissioner Baerg noted that there would be no net gain in the number of units and still no open space for the triplex. Mr. Schwehr explained that staff recommends landscaping of the space between the new house and the existing triplex, but that space would not be private. It would be a common open space area. Chairman Parrille pointed out that there is a fire hydrant in front of the property so the owner, tenants and their guests would not be able to park on the street in front of the property. Commissioner Beranek asked if the proposed landscaped area between the residence and the triplex could be used as a parking space. Mr. Schwehr explained that because a guest parking space is being recommended to be striped in the area next to the triplex entry, the area between the two buildings will be blocked off. The Public Hearing was opened. Chairman Parrille asked if anyone would like to speak in favor of this project. There were none. Chairman Parrille asked if anyone wanted to speak in opposition to this project. There were none MOTION: It was moved by Commissioner Baderian to close the Public Hearing. Without objection the motion was approved. Chairman Parrille expressed concern that the parking was inadequate and, in addition, the fire hydrant on the street prevents guests from parking on the street. MOTION: It was moved by Commissioner Baderian to reopen the Public Hearing to ask the applicant a question. Without objection the motion was approved. Commissioner Baderian asked if the applicant had reviewed the conditions of approval. Mr. Michael Chen, the applicant, said that he and the property owner had reviewed the staff report and the conditions of approval and felt that they were reasonable. Commissioner Baderian asked Mr. Chen why there was no open space planned for the front of the rear property. Mr. Chen explained that the area in question is designated as driveway for the four rental units, but that the rest of the area will be landscaped as much as possible. Commissioner Baderian asked Mr. Chen if he anticipated parking problems because of the fire hydrant in front of the property. Mr. Chen explained that the owner will occupy the front house with his family of four and they will be using their two -car garage so the fire hydrant will not be a problem for them. Commissioner Baderian asked if the tenants in the rear units will have problems with the limited parking provided to them. Mr. Chen explained that these units are already occupied and they have a total of only three cars for all units so they haven't experienced any parking problems. Commissioner Chiao said it appears that one of the parking spaces that's not a garage parking space, is in front of two of the garage doors in the triplex area, i.e., that the garages are not utilized as garages. Mr. Chen confirmed that one garage is currently being used for storage but the owner intends to restore it to use as a garage. Commissioner Chiao restated Mr. Chen's comment that within the triplex each tenant has only one car which is parked in a garage and the fourth garage is used for storage. Commissioner Chiao asked where the new parking space will be located. Mr. Chen said that the new guest parking space would be along the east side of the triplex. MOTION: It was moved by Commissioner Baderian to close the Public Hearing. Without objection the motion was approved. MOTION: It was moved by Commissioner Baderian, seconded by Chairman Parrille, to deny Modification No. MP 10 -06 and Architectural Design Review No. ADR 10 -16 because the project fails to promote uniformity of development. ROLL CALL AYES: Commissioners Baderian, Chiao and Parrille NOES: Commissioner Baerg, Beranek , , . • . ' ,,. ' ', '',... ' ' ..,.. „..„ - .- '-;'' ".:. ..-.,,:,-.'' ''':.-i,:,:-'4,-':'...,k...,'''.,".'. :,'A-:'...,,;,--'t.:::•-,:- .!:,'-...',"..:-.,,,-*;;4...,..: -.:,-;-, , : . ' '. 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Name or description of project: Modification Application No. MP 10 -06 & Architectural Design Review Application No. ADR 10 -16 to allow an addition to a legal- nonconforming 4 -unit multi - family development; and a parking modification to allow 6 parking spaces for the residents in lieu of 8 required, and 0 guest parking spaces in lieu of 2 required to replace the existing detached front residential unit with a two -story, 1,932 square -foot, detached residential unit with an attached 432 square -foot, two -car garage. 2. Project Location — Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7W topographical map identified by quadrangle name): 137 Califomia Street (between First Avenue and Second Avenue) 3. Entity or person undertaking project: ❑ A. City of Arcadia ® B. Other (Private) (1) Name: Michael Chen (2) Address: 642 E. Dewey Ave. (3) San Gabriel, CA 91776 (3) Phone: (626) 288 -5568 4. Staff Determination: The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the Califomia 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 Section No.: 15301(e)(2) f. ❑ The project is statutorily exempt. Applicable Exemption: Section No.: 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: March 16, 2011 Staff: Tim Schwehr, Assistant Planner