Zoning Review Committee

AGENDA CITY OF EL MONTE MODIFICATION COMMITTEE TUESDAY, NOVEMBER 10, 2015 CITY OF EL MONTE 5:00 P.M. MODIFICATION CITY HALL WEST – CONFERENCE ROOM A COMMITTEE 11333 VALLEY BOULEVARD CHAIRPERSON ART BARRIOS OPENING OF MEETING PLANNING SERVICES MANAGER JASON C. MIKAELIAN 1. Call Meeting to Order CHIEF BUILDING OFFICIAL JAMES M. GUERRA 2. Flag Salute 3. Roll Call 4. Public Comments Citizens wishing to address the Modification Committee on land use and development matters may do so at this time. Note that the Committee cannot respond to or take any action on the item. Citizens wishing to speak on an agenda item will be given the opportunity to speak after the item is presented by staff. Limit your comments to three (3) minutes. State your name and address at the podium for the record. Phone: (626) 258-8626 Fax: (626) 580-2293 www.elmonteca.gov planning@elmonteca.gov  MODIFICATION COMMITTEE AGENDA NOVEMBER 10, 2015 PUBLIC HEARINGS 5. Modification No. 17-15 (Continued from the meeting of October 13 & 27, 2015) Address: 3176 Gage Avenue Request: The applicant requests the approval of a Modification Permit to reduce the side yard setback from the required five feet (5’-0”) to three feet (3’-0”) to allow a 277- square foot bedroom and bathroom addition to the existing residence. The property is located in the R-1A (One-family dwelling) zone. This request is made pursuant to the requirements of Chapter 17.20 of the El Monte Municipal Code (EMMC). CEQA Determination: Categorical Exemption - Section 15301 (Class 1 – Existing Facilities) in accordance with the requirements of the California Environmental Quality Act of 1970 and the CEQA Guidelines, as amended. Recommendation: Approve with staff recommended revisions and subject to conditions. Case Planner: Fernando Solis 6. Modification No. 22-15 & Modification No. 24-15 Address: 4265 Baldwin Avenue Request: The applicant requests the approval of a Modification Permit to construct a 6’-0” high single faced non-illuminated monument sign on the southwest corner of Gidley Street and Baldwin Avenue. The monument sign is to facilitate the MIPCO Industrial Park tenants and Owen Brothers building on 4265 Baldwin Avenue. A total of seven (7) tenant spaces will be identified on the monument sign for the following addresses: 4265, 4255, 4201, 4203, 4205 and 4207 Baldwin Avenue. A separate applicant requests the approval of Modification of a Modification permit to construct a 7’-6” wrought iron perimeter fence around an existing parking lot, which will be set back less than seven feet (7’-0”) from the street property lines. These requests are made pursuant to the requirements of Chapters 17.20 of the El Monte Municipal Code (EMMC). CEQA Determination: Categorical Exemption - Section 15303 (Class 3 – New Construction or Conversion of Small Structures) in accordance with the requirements of the California Environmental Quality Act of 1970 and the CEQA Guidelines, as amended. Recommendation: Approve with staff recommended revisions and subject to conditions. Case Planner: Fernando Solis Agenda | 2  MODIFICATION COMMITTEE AGENDA NOVEMBER 10, 2015 7. Modification No. 26-15 Address: 10400 Rio Hondo Parkway Request: The applicant requests the approval of a Modification Permit to reduce the rear yard setback from the required ten feet (10’-0”) to 3 feet (3’-0”). The rear yard setback reduction is for the construction of a 580 square foot addition and a 600 square foot three (3) car garage to an existing 1,219 square foot single family residence. The property is located in the R-1A (One Family dwelling) zone. This request is made pursuant to the requirements of Chapter 17.20 of the El Monte Municipal Code (EMMC). CEQA Determination: Categorical Exemption - Section 15301 (Class 1 – Existing Facilities) in accordance with the requirements of the California Environmental Quality Act of 1970 and the CEQA Guidelines, as amended. Recommendation: Approve subject to conditions. Case Planner: Ivan Galeazzi NEXT SCHEDULED MODIFICATION COMMITTEE MEETING Tuesday, November 24, 2015 at 5:00 P.M. City Hall West, Conference Room A. Agenda | 3 STAFF REPORT November 10, 2015 TO: MODIFICATION COMMITTEE FROM: MINH THAI ECONOMIC DEVELOPMENT DIRECTOR JASON C. MIKAELIAN, AICP PLANNING SERVICES MANAGER BY: CHRISTINE DELOSTRINOS PLANNING INTERN SUBJECT: MODIFICATION NO. 17-15 LOCATION: 3176 GAGE AVE. APPLICANT: ELIA HERRERA 15206 GRAYSTONE AVE. NORWALK, CA 90650 PROPERTY OWNER: CHARLES A. RIM UNITED PACIFIC CAPITAL INVESTMENT, LLC 26314 WESTERN AVE. #200 LOMITA, CA 90717 RECOMMENDATION: APPROVE THE REQUEST FOR MODIFICATION NO. 17-15 TO REDUCE THE SIDE YARD SETBACK FROM THE REQUIRED FIVE FEET TO FOUR FEET. (NOTE: THE REQUEST IS FOR A LESSER SETBACK OF THREE FEET.) REQUEST The applicant requests the approval of Modification No. 17-15 to reduce the side yard setback from the required five feet (5’-0”) to three feet (3’-0”). The side yard setback reduction is for the construction of a 277-square foot bedroom and bathroom addition to the existing residence. The property is located in the R-1A (One-family dwelling) zone. This request is made pursuant to the requirements of Chapter 17.20 of the El Monte Municipal Code (EMMC). 3176 Gage Ave. MOD No. 17-15  BACKGROUND The bedroom and bathroom addition has been constructed without receiving final approval. The addition is set back one foot from the easterly property line and the overhang encroaches over the property line. The Zoning Code requires a five foot side yard setback along the easterly property line. The property owner proposes to remove a portion of the addition along the east property line to maintain a three foot side yard setback. However, staff had recommended a four foot setback be maintained. At the October 13, 2015 Modification Committee meeting, it was revealed that there was an existing four foot easement for AT&T along the side yard setback. The Committee requested staff contact AT&T and receive their comments on the proposed addition. Staff received a letter from AT&T dated October 30 2015; in that letter they stated they would not support a building addition within the four foot easement. Staff maintains its original recommendation that a four foot setback be maintained. SUBJECT PROPERTY: General Plan: Low Density Residential (FAR: 0.35) Zone: R-1A (One-family dwelling) zone Street Frontage: 132’-0” (20’- 0” easement for street access) Lot Size: 7,517 square feet (sq. ft.) triangular shaped lot. Existing Existing 1,493 sq. ft. single-family residence. Improvements: DEVELOPMENT STANDARDS: Table 1 below provides the development standards for the R-1A zone, and identifies whether the proposed project complies with each standard. Table 1. Development Standards. Development El Monte Zoning Proposed Meets Standard Code R-1A Development Requirement? Floor Area: 35% 29% Y Lot Coverage: 40% 38% Y Setbacks: Front: (Gage 20’-0” 12’-0” (Existing, no Y Avenue) change) Side (East): 5’-0” 3’-0” N Side (Southwest): 5’-0” 2’-0” (Existing, no Y change) Rear: 10’-0” 15’-0” Y Height: 35’-0” 10’-0” Y 3176 Gage Ave. MOD No. 17-15 FINDINGS OF FACT: In order to approve the Modification, the Modification Committee is required to make certain findings. Section 17.20.020 (EMMC) - Necessary Conditions outlines the required findings. FINDING: A. 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; FACT: There are other properties in the area that are developed with structures that do not maintain the minimum side yard setback of five feet. The subject property is irregular triangular shaped and located on a corner lot. The addition is set back approximately one foot (1’-0”). However, the Zoning Code allows setbacks as low as four feet in residential zones for certain circumstances. By removing a portion of the addition and maintaining a setback of four feet (4’-0”), the project will be more consistent with the existing house and developments in the surrounding area. The strict interpretation of the Zoning Code and General Plan would hinder the property to become more consistent with the overall design and layout of properties in the vicinity. FINDING: B. The granting of such a modification 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; FACT: The subject property is irregular triangular shaped and located on a corner lot. The addition is set back approximately one foot (1’-0”). However, the Zoning Code does allow setbacks as low as four feet in residential zones. By removing a portion of the addition and maintaining a setback of four feet (4’-0”), the project will be more consistent with the existing house and developments in the surrounding area. The area of the addition that will be set back four feet will not have any windows directly facing the abutting property. In addition, the property will continue to maintain a small rear yard. The proposed development meets all R-1A zoning requirements except for the required side yard setback. All construction shall comply with the Building and Safety and Fire Department requirements. 3176 Gage Ave. MOD No. 17-15 FINDING: C. Because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under the identical zone classifications; FACT: The subject property is located on an existing triangular shaped corner lot, where it is at its widest along the street and narrows to a point at the rear. This results in a large percentage of the site devoted to the front yard. The proposed side yard setback facing east of the property line would be four feet (4’-0). The Zoning Code allows setbacks as low as four feet in residential zones for certain circumstances. There are other properties in the area that are developed with structures that do not maintain the minimum side yard setback of five feet (5’-0”). FINDING: D. The granting of such variance will not adversely affect the comprehensive general plan; FACT: The approval of the modification to maintain a four foot (4’-0”) side yard setback facing east of the property line will not be adverse to the comprehensive General Plan. Policy H-1.1 Housing Rehabilitation G.P states, “Support the rehabilitation of single-family and multiple-family units and acquisition and rehabilitation of multiple-family housing to improve housing conditions, remove blight if needed, and improve the quality of life in neighborhoods,” and will continue to be consistent with its intent. The addition to the house was part of an overall renovation of the property. CONDITIONS OF APPROVAL: 1. The addition shall comply with Building and Safety requirements. 2. The addition shall require a Planning Final inspection. 3. Revise the floor plan and site plan to maintain a minimum side yard setback of four feet (4’-0”). 4. The applicant shall construct a new six foot (6’-0”) high block wall along the easterly property line facing the addition. 3176 Gage Ave. MOD No. 17-15 RECOMMENDATION: Staff recommends that the Modification Committee evaluate the proposal and consider the following Action: A. Adopt the Finding of Facts to approve Modification No. 17-15, subject to the conditions of approval. ATTACHMENTS: A. Public Hearing Notice B. Project Plans C. Radius Map D. Photos E. Letter from AT&T dated October 30, 2015 and October 6, 2015 3176 Gage Ave. MOD No. 17-15  NOTICE OF PUBLIC HEARING BEFORE THE CITY OF EL MONTE MODIFICATION COMMITTEE Hablamos Español favor de hablar con Marcella Magdaleno (626) 258-8626 TO: All Interested Parties FROM: City of El Monte Modification Committee PROPERTY LOCATION: 3176 Gage Avenue / APN: 8580-023-015 (A full legal description of the property is on file in the office of the El Monte Planning Division) APPLICATION: Modification No. 17-15 REQUEST: The applicant requests the approval of Modification No. 17-15 requesting an approval to reduce the side yard setback from the required five feet (5’-0”) to three feet (3’-0”) to allow a 277- square foot bedroom and bathroom addition to the existing residence. The property is located in the R-1A (One-family dwelling) zone. This request is made pursuant to the requirements of Chapter 17.20 of the El Monte Municipal Code (EMMC). APPLICANT: Elia Herrera 15206 Graystone Ave. Norwalk, Ca 90650 PROPERTY OWNER: Charles A. Rim 26314 Western Ave. #200 Lomita, Ca 90717 ENVIRONMENTAL Categorically Exempt Section 15301 (Class 1 – Existing Facilities) in DOCUMENTATION: accordance with the requirements of the California Environmental Quality Act of 1970 and the CEQA Guidelines, as amended. PLACE OF HEARING: Pursuant to State Law, the Modification Committee will hold a public hearing to receive testimony, orally and in writing, on the proposed project. The hearing is scheduled for: Date: Tuesday, October 13, 2015 Time: 5:00 p.m. Place: El Monte City Hall City Hall West – Conference Room A 11333 Valley Boulevard, El Monte, California Persons wishing to comment on the environmental documentation or proposed application may do so orally or in writing at the public hearing or in writing prior to the meeting date. Written comments shall be sent to Fernando Solis; El Monte City Hall West; 11333 Valley Boulevard; El Monte, CA 91731 or at FSolis@ElMonteCA.gov. If you challenge the decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Planning Division at, or prior to, the public hearing. For further information regarding this application please contact Fernando Solis at FSolis@ElMonteCA.gov or (626)258-8626 Monday through Thursday, except legal holidays, between the hours of 7:30 a.m. and 5:30 p.m. Published on and Wednesday, City of El Monte Modification Committee mailed on: September 30, 2015 Marcella Magdaleno, Modification Committee Secretary STAFF REPORT November 10, 2015 TO: MODIFICATION COMMITTEE FROM: MINH THAI ECONOMIC DEVELOPMENT DIRECTOR JASON C. MIKAELIAN, AICP PLANNING SERVICES MANAGER BY: CHRISTINE DELOSTRINOS PLANNING INTERN SUBJECT: MODIFICATION NO. 24-15 (MONUMENT SIGN) MODIFICATION NO. 22-15 (7’-6” FENCE) LOCATION: 4265 BALDWIN AVENUE. APPLICANT: GUSTAVO FLORES- GUS SIGNS 5420 NORTH PECK ROAD EL MONTE CA, 91732 JOHN OWEN 4265 NORTH BALDWIN WAY EL MONTE CA, 91731 PROPERTY OWNER: JACK OWEN AND JOHN OWEN 4265 NORTH BALDWIN WAY EL MONTE CA, 91731 RECOMMENDATION: APPROVE THE REQUEST FOR MODIFICATION NO. 24-15 TO CONSTRUCT A SINGLE FACE MONUMENT SIGN IDENTIFYING SIX (6) BUSINESSES ALONG BALDWIN AVENUE. APPROVE THE REQUEST FOR MODIFICATION NO. 22-15 TO CONSTRUCT A 6’-0” HIGH FENCE ON THE PERIMETER OF A 5,248 SQ. FT. PARKING LOT FOR AN INDUSTRIAL BUSINESS. 4265 BALDWIN AVE. MOD NO. 24-15 and MOD NO. 22-15  REQUEST The applicant requests the approval of Modification No. 24-15 to construct a 5’-6” tall and 8’-0” wide monument sign. The sign will be a single-faced non-illuminated monument sign with a sign area of 38 square feet on the southwest corner of Gidley Street and Baldwin Avenue. The monument sign is to facilitate the MIPCO Industrial Park tenants and the building located at 4265 Baldwin Avenue. A total of six (6) tenant spaces will be identified on the proposed monument sign facilitating the following addresses: 4265, 4255, 4201, 4203, 4205, and 4207 Baldwin Avenue. The applicant for Modification No. 22-15 requests to construct a 7’-6” tall wrought iron fence around the perimeter of a recently constructed parking lot. This request is made pursuant to the requirements of Chapters 17.20 of the El Monte Municipal Code (EMMC). SUBJECT PROPERTY: Location: South-west corner of Gidley Street and Baldwin Avenue General Plan: Industrial Business Park (0-1.0 FAR); The Northwest Industrial District Zone: General Manufacturing Zone (M-2); industrial business park Size: 5,248 sq. ft. Existing Existing 5,248 sq. ft. area facilitating parking for 4255 – 4265 Improvements: Baldwin Avenue DEVELOPMENT STANDARDS: MODIFICATION NO. 24-15 (Monument Sign) Today’s municipal code addresses monument signs to be identified similar to a free standing sign by definition. Table 1 below provides the development standards for a monument sign, and identifies whether the proposed project complies with each standard by Chapter 17.12.070 of the El Monte Municipal Code (EMMC) – Freestanding Signs. Table 1. Development Standards for a Monument Sign. Development El Monte Freestanding Proposed Sign/ Development Meets Standard Signs Req? Height: 25’-0” 5’-6” Y Sign Area: 1 sq. ft. per lineal foot of 38 sq. ft. Y primary street frontage (or 85 sq. ft.) Street frontage: 150’-0” 85’-0” N Landscape Planter: 50% of sign area 44 sq. ft. total Y Sign Type: Signs advertising Will provide signing for six (6) N businesses on the same tenant spaces that previously had site signing facing Baldwin Ave. 4265 BALDWIN AVE. MOD NO. 24-15 and MOD NO. 22-15  MODIFICATION NO. 22-15 (7’-6” Fence) The municipal code allows for commercial and industrial buildings to have a fence. Table 2 below provides the development standards for fences, commercial and industrial separation and identifies whether the proposed project complies with each standard by Chapter 17.06.120 and 17.06.140 of the El Monte Municipal Code (EMMC) – Fences, Walls, and Hedges and Commercial and Industrial Separation. Table 2. Development Standards for a Commercial and Industrial Separation. Development El Monte Standards Proposed Meets Requirement? Standard Development Height: 8’-0” 7’-6” Y Staff recommends the overall height be reduced to 6’-0” Material: Wrought Iron Wrought Iron Y Setback from property 7’-0” planter minimum Varies from 3’ to 21’ N line/ Landscape Planter: FINDINGS OF FACT: MODIFICATION NO. 24-15 (Monument Sign) FINDING: A. 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; FACT: The proposed single-face monument sign will not modify the intended use of the existing parking lot facility. With the construction of the Baldwin underpass, existing signs for six (6) businesses (at 4201, 4203, 4205, 4207, 4255 and 4265 Baldwin) were removed. The proposed monument sign will replace a previous sign that served the MIPCO Industrial Park. The new sign would be smaller than the previous sign and no additional tenants or properties would be added to the sign. In addition, the sign would not meet the definition of an outdoor advertising sign or billboard. This results in a unique circumstance and condition that does not apply generally to the property or class of use in the same zone or vicinity. The proposed single face monument sign will only relieve the lack of street signing for existing businesses created by the construction of the Baldwin underpass. 4265 BALDWIN AVE. MOD NO. 24-15 and MOD NO. 22-15 FINDING: B. The granting of such modification 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; FACT: Granting the Modification will not be detrimental to the public health or welfare or injurious to the properties in the vicinity. The proposal includes a single-face monument sign to “aid the public’s orientation and to advertise and identify business and activities;” and to “provide minimum standards designed to safeguard the health, safety, and public welfare while encouraging flexibility, variety, and compatibility” (EMMC 17.12.010). FINDING: C. Because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under the identical zone classifications; FACT: The proposed single-face monument sign will be located on the southwest corner of Gidley Street and Baldwin Avenue. With the construction of the Baldwin underpass, existing signs for six (6) businesses (at 4201, 4203, 4205, 4207, 4255 and 4265 Baldwin) were removed. The proposed monument sign will replace a previous sign that served the MIPCO Industrial Park. The new sign would be smaller than the previous sign and no additional tenants or properties would be added to the sign. In addition, the sign would not meet the definition of an outdoor advertising sign or billboard. This results in a unique circumstance and condition that does not apply generally to the property or class of use in the same zone or vicinity. The proposed single face monument sign will only relieve the lack of street signing for existing businesses created by the construction of the Baldwin underpass. FINDING: D. The granting of such variance will not adversely affect the comprehensive general plan; FACT: The approval of this modification will not affect the comprehensive General Plan. The 2011 El Monte General Plan for The Northwest Industrial District, CD-7.1 Design Treatment states to “Strengthen the image of the Northwest Industrial District through entry monuments, distinctive landscaping and streetscape, 4265 BALDWIN AVE. MOD NO. 24-15 and MOD NO. 22-15  wayfaring elements, and quality architecture.” The proposed single face monument will contribute to this policy in creating a sense of identity to the Owen Brothers’ locations and MIPCO Industrial Park in the southern portion of The Northwest Industrial District. MODIFICATION NO. 22-15 (Fence) FINDING: A. 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; FACT: The subject property’s designated land use is “Industrial Business Park.” The sole use of the lot is for additional parking in order to meet the parking requirement for the adjacent 14,536 square foot industrial building. The lot has an irregular shape and is surrounded on all four (4) sides by streets. The irregular shape of the lot has resulted in planter areas that vary in width from a minimum three (3) feet to a maximum of 21 feet. This is an exceptional circumstance and condition that does not apply generally to the property or class of use in the same zone or vicinity. FINDING: B. The granting of such modification 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; FACT: Granting the modification and reducing the height of the proposed wrought iron fence to 6’-0” will not be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. The proposed construction of the wrought iron fence will improve the security of subject property. Reducing the height of the proposed fence to 6’-0” would be more in scale with the property, which is less than 6,000 square feet in area and only developed with a surface parking lot. FINDING: C. Because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under the identical zone classifications; 4265 BALDWIN AVE. MOD NO. 24-15 and MOD NO. 22-15 FACT: The proposed wrought iron fence is located on an irregular sized lot. The lot is exceptional to the conditions that are intended for the use of the subject property. The proposed construction of the 6’-0” wrought iron fence will be along the perimeter of a recently constructed parking lot. The subject property acts as additional parking for an existing 14,536 square foot industrial building. The additional parking is needed to meet the parking requirement for the size of the facility. The size, the shape, and the need to meet the parking requirements are all extraordinary circumstances of the subject property. The irregular shaped lot and the fact that the lot is surrounded by streets prevents the subject property to meet the minimum 7’-0” landscape setback requirement.. The zoning ordinance deprives the subject property of privileges enjoyed by adjacent properties fence setback standard of 7’-0” (EMMC 17.06.140.B). FINDING: D. The granting of such variance will not adversely affect the comprehensive general plan; FACT: The approval of this modification will not affect the 2011 El Monte General Plan. Under the Community Development Element for The Northwest Industrial District, CD-7.1 Design Treatment states to “Strengthen the image of the Northwest Industrial District through entry monuments, distinctive landscaping and streetscape, wayfaring elements, and quality architecture.” The construction of the wrought iron fence will contribute to this policy in providing distinct landscaping complimentary to the proposed monument sign. CONDITIONS OF APPROVAL: MODIFICATION NO. 24-15 (Monument Sign) 1. Comply with all Municipal and Building Codes; 2. The applicant shall propose a monument sign that is architecturally consistent with the architecture of 4265 Baldwin Avenue (building to the south); 3. The proposed monument sign shall not exceed a maximum height of five feet (5’- 6”) or width of eight feet (8’-0”); 4. A maximum of six (6) tenants shall be permitted on the sign and only from the following addresses: 4201, 4203, 4205, 4207, 4255 or 4265 Baldwin Avenue. No other signing shall be permitted; and 5. No temporary signing shall be permitted (e.g. banners, flags, etc.). MODIFICATION NO. 22-15 (Fence) 1. The fence spears shall be removed; and 2. The maximum height of the fence shall not exceed 6’-0”. 4265 BALDWIN AVE. MOD NO. 24-15 and MOD NO. 22-15 RECOMMENDATION: Staff recommends that the Modification Committee evaluate the proposal and consider the following Actions: A. Adopt the Finding of Facts to approve Modification No. 24-15, subject to the conditions of approval. B. Adopt the Findings of Facts to approve Modification No. 22-15, subject to the conditions of approval. ATTACHMENTS: A. Public Hearing Notice B. Project Plans C. Radius Map D. Photos 4265 BALDWIN AVE. MOD NO. 24-15 and MOD NO. 22-15  ATTACHMENT A. PUBLIC HEARING NOTICE 4265 BALDWIN AVE. MOD NO. 24-15 and MOD NO. 22-15  NOTICE OF PUBLIC HEARING BEFORE THE CITY OF EL MONTE MODIFICATION COMMITTEE Hablamos Español favor de hablar con Marcella Magdaleno (626) 258-8626 TO: All Interested Parties FROM: City of El Monte Modification Committee PROPERTY LOCATION: 4265 Baldwin Ave. / APN: 8577-005-022 (A full legal description of the property is on file in the office of the El Monte Planning Division) APPLICATION: Modification No. 24-15 and Modification No. 22-15 REQUEST: The applicant requests the approval of Modification No. 24-15 to construct a 6’-0” high single faced non-illuminated monument sign on the southwest corner of Gidley Street and Baldwin Avenue. The monument sign is to facilitate the MIPCO Industrial Park tenants and Owen Brothers building on 4265 Baldwin Ave. A total of seven (7) tenant spaces will be identified on the proposed monument sign facilitating the following addresses: 4265, 4255, 4201, 4203, 4205, and 4207 Baldwin Avenue. A separate applicant requests the approval of Modification No. 22-15 to construct a 7’-6” wrought iron perimeter fence around an existing parking lot, which will be set back less than 7’ from the street property line. These requests are made pursuant to the requirements of Chapters 17.20 of the El Monte Municipal Code (EMMC). APPLICANTS: Gustavo Flores – Gus Signs Jack Owens 5420 N. Peck Rd. 4265 N. Baldwin Way El Monte, CA 91732 El Monte, CA 91731 PROPERTY OWNER: Jack Owens 4265 N. Baldwin Way El Monte, CA 91731 ENVIRONMENTAL Article 19. Categorical Exemptions – Section 15303 (Class 3 – New DOCUMENTATION: Construction or Conversion of Small Structures) in accordance with the requirements of the California Environmental Quality Act of 1970 and the CEQA Guidelines, as amended. PLACE OF HEARING: Pursuant to State Law, the Modification Committee will hold a public hearing to receive testimony, orally and in writing, on the proposed project. The hearing is scheduled for: Date: Tuesday, November 10, 2015 Time: 5:00 p.m. Place: El Monte City Hall City Hall West – Conference Room A 11333 Valley Boulevard, El Monte, California Persons wishing to comment on the environmental documentation or proposed application may do so orally or in writing at the public hearing or in writing prior to the meeting date. Written comments shall be sent to Fernando Solis; El Monte City Hall West; 11333 Valley Boulevard; El Monte, CA 91731 or at FSolis@ElMonteCA.gov. If you challenge the decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Planning Division at, or prior to, the public hearing. For further information regarding this application please contact Fernando Solis at FSolis@ElMonteCA.gov or (626)258-8808 Monday through Thursday, except legal holidays, between the hours of 7:30 a.m. and 5:30 p.m. Published on Wednesday, October 28, 2015 City of El Monte Modification Committee and mailed on: Marcella Magdaleno, Modification Committee Secretary ATTACHMENT B. PROJECT PLANS 4265 BALDWIN AVE. MOD NO. 24-15 and MOD NO. 22-15 ATTACHMENT C. RADIUS MAP 4265 BALDWIN AVE. MOD NO. 24-15 and MOD NO. 22-15 ATTACHMENT D. PHOTOS 4265 BALDWIN AVE. MOD NO. 24-15 and MOD NO. 22-15 PROJECT: 10400 RIO HONDO PKWY EL MONTE More Services 626/350-5944 moreservices@sbcglobal.net 15-517 PAGE 1 1 8580-002-027 2 8580-002-028 3 8580-002-018 ALVAREZ CESAR & ANA PHAM QUANG T LE ANNIE MUNOZ PEDRO & MARY 10400 RIO HONDO PKWY 10364 RIO HONDO PKWY 962 LEWISTON ST EL MONTE CA 91733 EL MONTE CA 91733 DUARTE CA 91010 4 8580-002-019 5 8580-002-020 6 8580-002-021 SANCHEZ DAVID & MARIA G RUIZ JOSE A & LILIA L LOPEZ AUGUSTINE & GIOCONDA 10352 RIO HONDO PKWY 10348 RIO HONDO PKWY 10342 RIO HONDO PKWY EL MONTE CA 91733 EL MONTE CA 91733 EL MONTE CA 91733 7 8580-002-022 8 8580-002-023 9 8580-002-005 FLORES EDWARD G & ROSALIE A PEREZ GRACIELA MARTINEZ MAURICIO AMADOR 10336 RIO HONDO PKWY 10330 RIO HONDO PKWY 10327 ASHER ST EL MONTE CA 91733 EL MONTE CA 91733 EL MONTE CA 91733 10 8580-002-006 11 8580-002-007 12 8580-002-008 WONG JOSEPH YEE HELEN ROMERO TERESA D KRONER LUIS & NILSE M 4522 SULTANA AVE 78 N LAS FLORES AVE 1973 W LINCOLN AVE ROSEMEAD CA 91770 EL MONTE CA 91007 SAN BERNARDINO CA 92411 13 8580-002-009 14 8580-002-010 15 8580-002-011 ORPILLA DARWIN L & KIM D DU HUYNH TUONG ODEN KENNETH E CO TR ODEN FAM T 10349 ASHER ST 10353 ASHER ST 10401 ASHER ST EL MONTE CA 91733 EL MONTE CA 91733 EL MONTE CA 91733 16 8580-002-012 17 8580-002-013 18 8580-002-014 MARTEL HENRY R VIGIL ANGELA A VINH THI LAM & CAM NGUYET PHUNG XU TIANNA & SONG N 10407 ASHER ST 10411 ASHER ST 10417 ASHER ST EL MONTE CA 91733 EL MONTE CA 91733 EL MONTE CA 91733 19 8580-002-015 20 8580-002-016 21 8580-002-017 LEE SAM & PEI LING LIN CHAN HONG SENG HU HUI QIONG CARMONA ABRAHAM V 10421 ASHER ST 10429 ASHER ST 10435 ASHER ST EL MONTE CA 91733 EL MONTE CA 91733 EL MONTE CA 91733 22 8580-003-005 23 8580-005-006 24 8580-005-007 LOPEZ LUIS N & MARGO LOPEZ BENJAMIN G & ROSA RIGGS WILLIAM R II WILLIAM R RIGGS II 10511 ASHER ST 10502 ASHER ST TRUST EL MONTE CA 91733 EL MONTE CA 91733 2845 MONOGRAM AVE LONG BEACH CA 90815 25 8580-005-008 26 8580-005-009 27 8580-005-010 BLANCO FERNANDO & SOCORRO NAJERA ALICIA L & SYLVIA TRAN XUONG Q & HELEN S 10434 ASHER ST 10428 ASHER ST 10420 ASHER ST EL MONTE CA 91733 EL MONTE CA 91733 EL MONTE CA 91733 28 8580-005-011 29 8580-005-012 30 8580-004-011 SANCHEZ LINDA VASQUEZ LUPE A VASQUEZ TRUST CANO MARIA 10416 ASHER ST 13929 DEARBORN ST 10406 ASHER ST EL MONTE CA 91733 CORONA CA 92880 EL MONTE CA 91733 PROJECT: 10400 RIO HONDO PKWY EL MONTE More Services 626/350-5944 moreservices@sbcglobal.net 15-517 PAGE 2 31 8580-004-012 32 8580-004-013 33 8580-004-014 ORNELAS JOE & MONICA DU TOMMY L DANG VAN D WONG BARK M 11347 ELMCREST ST 10352 ASHER ST 10348 ASHER ST EL MONTE CA 91732 EL MONTE CA 91733 EL MONTE CA 91733 34 8580-004-015 35 8580-004-016 36 8580-001-001 CHAVEZ HELEN L CHELENAS TRUST LAM LINTHANH D & LINDA SORTO WILFREDO BARBA MARICELA 10309 RIO HONDO PKWY 10336 ASHER ST 10347 RIO HONDO PKWY EL MONTE CA 91733 EL MONTE CA 91733 EL MONTE CA 91733 37 8578-020-908 38 8578-019-008 ABNER FUENTES LACMTA GATEWAY FIVE LLC 11333 MILOANN ST 1 GATEWAY PLAZA 15301 VENTURA BLVD #490 ARCADIA CA 91006 LOS ANGELES CA 90012 SHERMAN OAKS CA 91403  NOTICE OF PUBLIC HEARING BEFORE THE CITY OF EL MONTE MODIFICATION COMMITTEE Hablamos Español favor de hablar con Marcella Magdaleno (626) 258-8626 TO: All Interested Parties FROM: City of El Monte Modification Committee PROPERTY 10400 Rio Hondo Parkway / APN: 8580-002-027 (A full legal description of LOCATION: the property is on file in the office of the El Monte Planning Division) APPLICATION: Modification Permit No. 26-15 REQUEST: A request for a Modification Permit to reduce the rear yard setback from the required ten feet (10’-0”) to 3 feet (3’-0”). The rear yard setback reduction is for the construction of a 580 square foot addition and a 600 square foot three (3) car garage to an existing 1,219 square foot single family residence. The property is located in the R-1A (One-family dwelling) zone. This request is made pursuant to the requirements of Chapter 17.20 of the El Monte Municipal Code (EMMC). APPLICANT: Abner E. Fuentes 11333 Miloann Street Arcadia, CA 91006 PROPERTY OWNER: Cesar Alvarez 10400 Rio Hondo Parkway El Monte, CA 91733 ENVIRONMENTAL Article 19. Categorical Exemptions – Section 15301 (Class 1 – Existing DOCUMENTATION: Facilities) in accordance with the requirements of the California Environmental Quality Act of 1970 and the CEQA Guidelines, as amended. PLACE OF Pursuant to State Law, the Planning Commission will hold a public hearing HEARING: to receive testimony, orally and in writing, on the proposed project. The public hearing is scheduled for: Date: Tuesday, November 10, 2015 Time: 5:00 p.m. Place: El Monte City Hall – West – Conference Room A 11333 Valley Boulevard, El Monte, California Persons wishing to comment on the environmental documentation or proposed application may do so orally or in writing at the public hearing or in writing prior to the meeting date. Written comments shall be sent to Ivan Galeazzi; El Monte City Hall West; 11333 Valley Boulevard; El Monte, CA 91731 or at igaleazzi@elmonteca.gov. If you challenge the decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Planning Division at, or prior to, the public hearing. For further information regarding this application please contact Ivan Galeazzi at (626) 258-8626. Monday through Thursday, except legal holidays, between the hours of 7:30 a.m. and 5:30 p.m. Published and Wednesday City of El Monte Modification Committee mailed on: October 28, 2015 Marcella Magdaleno, Planning Secretary STAFF REPORT November 10, 2015 TO: MODIFICATION COMMITTEE FROM: MINH THAI ECONOMIC DEVELOPMENT DIRECTOR JASON C. MIKAELIAN, AICP PLANNING SERVICES MANAGER BY: IVAN GALEAZZI PLANNING AIDE SUBJECT: MODIFICATION NO. 26-15 LOCATION: 10400 RIO HONDO PARKWAY EL MONTE, CA 91733 APPLICANT: ABNER E. FUENTES 11333 MILOANN STREET ARCADIA, CA 91006 PROPERTY OWNER: CESAR ALVAREZ 10400 RIO HONDO PARKWAY EL MONTE, CA 91733 ENVIRONMENTAL ARTICLE 19 CATEGORICAL EXEMPTIONS – DETERMINATION: SECTION 15301 (CLASS 1 – EXISTING FACILITIES) IN ACCORDANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 AND THE CEQA GUIDELINES, AS AMENDED. RECOMMENDATION: APPROVE MODIFICATION NO. 26-15 TO REDUCE THE REQUIRED REAR YARD SETBACK OF TEN (10’-0”) FEET TO THREE (3’-0”) FEET TO ALLOW A 580 SQUARE FOOT ADDITION AND THREE (3) CAR GARAGE. REQUEST The applicant requests the approval of Modification No. 26-15 to allow a reduction of the rear yard setback from the required ten feet (10’-0”) to 3 feet (3’-0”). The rear yard setback reduction is to accommodate the construction of a 580 square foot addition and a 600 square foot three (3) car garage to an existing 1,219-square foot single family residence. The property is located in the R-1A (One-family dwelling) zone. This request is made pursuant to the requirements of Chapter 17.20 of the El Monte Municipal Code (EMMC). 10400 Rio Hondo Parkway MOD No. 26-15  SUBJECT PROPERTY: Location: South side of Rio Hondo Parkway General Plan: Low Density Residential (FAR 0.35) Zone: R-1A (One-Family Dwelling) Street Frontage: 200 feet of frontage Rio Hondo Parkway Lot Size: 8,310 square feet (sq. ft.) triangular shaped lot (irregular lot) Existing Improvements: Existing 1,219 sq. ft. single-family residence SURROUNDING PROPERTIES: General Plan: Zoning: Land Use: North: I-10 FWY N/A Freeway South: Low Density Residential R-1A One-Family Dwelling West: Low Density Residential R-1A One-Family Dwelling East: Low Density Residential R-1A One-Family Dwelling DEVELOPMENT STANDARDS: Table 1 below provides the development standards for the R-1A zone, and identifies whether the proposed project complies with each standard. Table 1. Development Standards. Development El Monte Zoning Proposed Meets Standard Code R-1A Development Requirement? Floor Area: 35% 22% Y Lot Coverage: 40% 29% Y Setbacks: Front: 20’-0” 20’-0” (Proposed Y Garage) Side (East): 5’-0” 5’-0” (Existing, No Y Change Side (West): 5’-0” 72’-6” (to proposed Y garage) Rear: 10’-0” 3’-0” (Proposed N garage) Height: 35’-0” 14’-0” Y 10400 Rio Hondo Parkway MOD No. 26-15 ZONING and AERIAL PHOTO: 10400 Rio Hondo Parkway MOD No. 26-15 FINDINGS OF FACT: In order to approve the project, the Modification Committee is required to make certain findings. Section 17.20.020 (EMMC) - Necessary conditions outlines the four required facts be met in order to approve any Modification. FINDING: A. 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; FACT: There are exceptional or extraordinary circumstances applicable to the subject property involved due to the irregular triangular shape of the lot. There are other properties in the area that are developed with similar dwelling units and structures that do not maintain the minimum side yard setback of five feet and or the minimum rear yard setback of ten feet. The addition will be set back between 14’ feet to 3’ feet at the closest point. However, the Zoning Code allows setbacks as low as three feet in residential zones for certain circumstances. Doing so will allow the project to become more consistent with the surrounding area and what is atypical of the houses and developments in the area. The strict interpretation of the Zoning Code and General Plan would hinder the property to become more consistent with the overall design and layout of properties in the vicinity. FINDING: B. 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; FACT: Granting the Modification will not be 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 distance of three (3) feet will not negatively affect the surrounding properties as the subject property abuts the rear of two lots that require a minimum ten (10) foot setback. Only four feet of the garage is at 3 feet from the property line. The garage setback ranges from 3 feet to 14 feet. Both lots have substantial space to accommodate any possible additions and will not be affected by a garage that will be adjacent to the property line. FINDING: C. Because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning 10400 Rio Hondo Parkway MOD No. 26-15  ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under the identical zone classifications; FACT: The strict interpretation of the zoning code deprives the property of privileges enjoyed by the adjacent properties under the identical zone classifications. Several of the surrounding properties currently do not meet side yard setbacks and rear yard setbacks and are mostly typical rectangular shaped lots. The subject property is an irregular triangle lot that would be difficult to accommodate an addition while meeting all the zoning provisions required by the El Monte Municipal Code. The subject property contains special circumstances that are not applicable to the majority of adjacent properties. By requiring the rear yard setback to be met would force the addition to be pushed forward which will encroach into the front yard setback or ultimately deny the applicant of privileges enjoyed by adjacent properties to add to the dwelling unit. With the addition the property is still well under the maximum floor area ratio and lot coverage. To require the subject property to comply with the setbacks requirements does in fact deprive them of privileges enjoyed by the others. FINDING: D. The granting of such modification/variance will not adversely affect the comprehensive general plan. FACT: The approval of the modification to reduce the required ten foot (10’-0”) rear yard setback facing south of the property line will not be adverse to the comprehensive General Plan. Policy H-1.1 Housing Rehabilitation G.P states, “Support the rehabilitation of single-family and multiple-family units and acquisition and rehabilitation of multiple-family housing to improve housing conditions, remove blight if needed, and improve the quality of life in neighborhoods,” and will continue to be consistent with its intent. The addition to the house is part of an overall renovation and enhancement of the property. 10400 Rio Hondo Parkway MOD No. 26-15 CONDITIONS OF APPROVAL: 1. Shall comply with all Building Code Requirements, 2. All work shall match existing materials and colors, 3. The existing chain-link fence shall be removed and any future fence proposal shall be replaced with the same existing block wall with wrought iron located at the front of property. RECOMMENDATION: Staff recommends that the Modification Committee evaluate the proposal and consider the following Action: 1. Adopt a Categorical Exemption under Section 15301 (Class 1 – Existing Facilities) pursuant to the California Environmental Quality Act and Guidelines, as amended; and 2. Adopt the Finding of Facts to approve Modification No. 26-15, subject to the conditions of approval. ATTACHMENTS: A. Project Plans B. Public Hearing Notice 10400 Rio Hondo Parkway MOD No. 26-15