Zoning Review Committee

MODIFICATION COMMITTEE AGENDA CITY OF EL MONTE MODIFICATION COMMITTEE TUESDAY, OCTOBER 27, 2020 6:00 P.M. CITY HALL EAST – COUNCIL CHAMBERS CITY OF EL MONTE 11333 VALLEY BOULEVARD MODIFICATION COMMITTEE Members of the public wishing to observe the meeting may do so in one of the following ways: CHAIRPERSON ROBERTO ESTRADA CRUZ (1) Turn your TV to Channel 3; DEPUTY DIRECTOR JASON MIKAELIAN (2) Visit the City’s website at: http://www.elmonteca.gov/378/council- meeting-videos CHIEF BUILDING OFFICIAL TODD MORRIS (3) Call-in Conference (669) 900-9128; Meeting ID 910 9002 6018 and then press #. Press # again when prompted for participant ID. Members of the public wishing to make public comment may do so via the following ways: (1) Call-in Conference (669) 900-9128; Meeting ID 910 9002 6018 and then press #. Press # again when prompted for participant ID. Once admitted into the meeting, press *9 to request to speak. (2) Email – All interested parties can submit questions/comments in advance to the Planning Division’s general email address: planning@elmonteca.gov. All questions/comments must be received by the Planning Division no later than 3:00 pm, October 27, 2020. Attendance of this meeting can only be done remotely. Instruction regarding accommodation under the Americans with Disabilities Act can be found on the last page of this Agenda. OPENING OF MEETING 1. Call Meeting to Order 2. Flag Salute Phone: (626) 258-8626 www.elmonteca.gov 3. Roll Call planning@elmonteca.gov 4. Public Comments MODIFICATION COMMITTEE AGENDA October 27, 2020 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 for the record. PUBLIC HEARING 5. Modification No. 19-20 (Continued from the October 13, 2020 Modification Committee meeting) Address: 4440 Huddart Avenue / APN: 8570-011-004 Request: The Applicant is proposing to construct an attached 841 square foot Accessory Dwelling Unit (ADU) to an existing 2-car garage. The property currently contains two (2) detached dwelling units on an approximate 13,059 square foot lot with two (2) driveways. The Applicant is requesting to retain the two (2) driveway approaches. The subject site is located in the R-2 (Multi-Family Residential) zone. The Modification request is made pursuant to Chapter 17.20 (Modification–Variance) of the El Monte Municipal Code (EMMC). CEQA Determination: Article 19. Categorical Exemptions – Section 15303 (Class 3 – New Construction or Conversion of Small Structures) in accordance with the requirements of the California Environmental Quality (CEQA) Act of 1970 and the CEQA Guidelines, as amended. Case Planner: Marlene Vega, Planning Technician Recommendation: Approve subject to conditions Agenda | 2 MODIFICATION COMMITTEE AGENDA October 27, 2020 NEXT SCHEDULED MODIFICATION COMMITTEE MEETING Tuesday, November 10, 2020 at 6:00 p.m. Location: To Be Determined Individuals with special needs: The City of El Monte wishes to assist individuals with special needs. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Division at (626) 258- 8626. Notification 48 hours prior to the meeting will enable us to make reasonable arrangements to ensure accessibility to this meeting. [28 Code of Federal Regulations 35.102-35.104 ADA Title II] Agenda | 3 STAFF REPORT OCTOBER 27, 2020 TO: MODIFICATION COMMITTEE FROM: BETTY DONAVANIK COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR JASON C. MIKAELIAN, AICP COMMUNITY & ECONOMIC DEVELOPMENT DEPUTY DIRECTOR BY: MARLENE VEGA PLANNING TECHNICIAN SUBJECT: MODIFICATION NO. 19-20 (CONTINUED FROM THE OCTOBER 13, 2020 MODIFICATION COMMITTEE MEETING) LOCATION: 4440 HUDDART AVENUE EL MONTE, CA 91731 APPLICANT: JOHN WU 412 S. STONEMAN AVENUE ALHAMBRA, CA 91801 PROPERTY OWNER: MUHUA ZHOU 4440 HUDDART AVENUE EL MONTE, CA 91731 ENVIRONMENTAL ARTICLE 19 CATEGORICAL EXEMPTIONS, DETERMINATION: 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 MODIFICATION NO. 19-20 SUBJECT TO CONDITIONS REQUEST The applicant requests the approval of Modification No. 19-20 to construct an attached 841 square foot (SF) Accessory Dwelling Unit (ADU) to an existing 2-car garage. The property currently contains two (2) detached dwelling units on an approximate 13,610 SF lot with two (2) driveways. Modification No. 19-20 is requested to allow the subject lot to retain the two (2) driveway approaches. The property is located in the R-2 (Multi-Family 4440 HUDDART AVENUE MOD NO. 19-20 Residential) Zone. This Modification request is made pursuant to Section 17.20 of the El Monte Municipal Code (EMMC). SUBJECT PROPERTY Location: South of Emery Street and east side of Huddart Avenue General Plan: Medium-Low Density Residential (FAR: 35%) Zone: R-2 (Low-Density/Multiple-Family) Zone Street Frontage: Huddart Avenue: approximately 73 FT Size: 13,610 SF Existing Two (2) existing detached units Improvements: Unit 1: 840 SF & Unit 2: 910 SF SURROUNDING PROPERTIES General Plan: Zoning: Land Use: North: Medium-Low Density Residential R-2 Low Density Multiple Family Dwelling South: Medium-Low Density Residential R-2 Low Density Multiple Family Dwelling West: Medium-Low Density Residential R-2 Low Density Multiple Family Dwelling East: Low-Density Residential R-1B Single Family Dwelling ZONING AND AERIAL PHOTO Subject Site Subject Site R1-B R-2 4440 HUDDART AVENUE MOD NO. 19-20 PROJECT ANALYSIS Development Standards The site is currently zoned R-2 (Medium-Low Density Residential). The table below provides the ADU development standards for the R-2 zone and identifies whether the proposed project complies with each standard. Development El Monte Zoning Proposed Meets Standard Code R-2 Development Requirement? Density: 2 units 1 ADU & 1 2 units & 1 ADU Yes Jr. ADU Floor Area: 40% 19.2% Yes Lot Coverage: 45% 26% Yes Front Setback 20’ 33.83’ Yes Side Setback for ADU 4’ 40.4’ Yes (North): Side Setback for ADU 4’ 4’ Yes (South): Rear Setback: 20’ 27’ Yes Height: 16’ 14’ Yes Maximum ADU Unit 1,000 SF 841 SF Yes Size: Parking Two 2-car One 1-car garage & No; Legal non- garages One 2-car garage Conforming Driveway 1 Driveway 2 Driveways No; Modification requested BACKGROUND Currently, the property contains two (2) detached dwelling units (Unit 1: 840 SF & Unit 2: 910 SF) on a 13,610± SF lot with two (2) driveways. The property is developed with a one-car garage and a two-car garage and is considered “legal non-conforming” in regards to the current parking requirements, which would require each unit to provide a minimum two-car garage. A 15-foot wide driveway (along the south property line) is currently utilized to access the existing two-car garage and a 10-foot wide driveway (located relatively towards the center of the street frontage) is utilized to access the existing 1-car garage. The applicant is proposing to construct an 841 SF ADU that will be attached to the rear side of the existing two-car garage. Per Section 17.06.165(R) of the EMMC, projects proposing an ADU are limited to only providing one (1) driveway to access the site. The only instance where an additional driveway would be allowed is if the property were accessible by both a public street and a public alley right-of-way at the rear or side property line, which does not apply to the subject property. Therefore, the applicant has requested a Modification to allow the existing two (2) driveways to remain at the site. The subject site is located in the R-2 (Low-Density/Multiple-Family) zone. The Modification request is made pursuant to Chapter 17.20 (Modification-Variance) of the El Monte Municipal Code (EMMC). 4440 HUDDART AVENUE MOD NO. 19-20 DISCUSSION If one of the existing driveways were to be removed at the subject property, existing parking at the site would be further non-conforming due to the loss of access to existing garage space. Currently, the property is developed with a one-car garage and a two-car garage and today’s zoning standards require two (2) two-car garages. Therefore, Staff recommends approval of the proposed Modification under the requirement that several conditions of approval become incorporated into the property in order to grant the modification request for the property. 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 findings and conditions to 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: The subject property is developed with two (2) driveways & two (2) dwelling units. Per the EMMC, a property developed with an ADU, whether located on a corner lot or an interior lot may only maintain one (1) driveway. The existing lot is developed with (2) two driveway approaches and two (2) garages. In order to comply with the driveway requirement, the property owner would need to remove one (1) of the existing driveways which would eliminate access to existing garage space. In turn, the garage space would no longer be useful as covered parking and would then need to be removed or convert to a different use, such as storage. Such alteration would have a negative impact on the neighborhood in regards to parking. Therefore, the Applicant’s request to retain both driveways would help reduce street parking within the neighborhood. 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 property or improvements in such zone or vicinity in which the property is located. Per the EMMC, for every dwelling unit, a two-car garage is required. Currently, the site is developed two (2) dwelling units with a one-car garage and 2-car garage. Therefore, parking is considered to be “legal non- conforming” due to the lack of one (1) garage parking space. If the applicant were to remove one (1) of the existing driveways at the property, this would result in a loss of parking garage space which would make the property further non- 4440 HUDDART AVENUE MOD NO. 19-20  conforming to the City’s parking standards. Furthermore, the Applicant’s request to retain both driveways would help reduce street parking within the neighborhood. The ADU will meet all other Zoning Code standards such as floor area, setbacks, lot coverage, etc. 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 strict interpretation of the Zoning Code deprives the property of privileges enjoyed by the adjacent properties under the identical zone classifications. The site was developed with two (2) detached dwelling units with a one-car garage and a two-car garage (each providing separate driveways). Staff analyzed the neighborhood and found that a majority of the properties within the vicinity comprise of two (2) detached residences with similar substandard lot sizes. The majority of the surrounding properties only provide a one (1) car or (2) car garage for each dwelling on site. Furthermore, the requirement to eliminate a driveway would deprive one of the dwelling units from having garage/covered parking, which already exists at the site. The Applicant’s request to retain both driveways would help reduce street parking within the neighborhood. FINDING: D. The granting of such modification/variance will not adversely affect the comprehensive general plan. FACT: The approval of this modification will not adversely affect the comprehensive general plan and will continue to be consistent with its intent by allowing the continuation of covered parking for each existing dwelling at the site. Furthermore, the construction of the new ADU would facilitate the creation of more diverse and affordable housing in the City which is promoted by the 2011 General Plan’s Housing Element. CONDITIONS OF APPROVAL 1. Comply with all Building Code requirements. 2. Attach a copy of the final decision letter with the conditions of approval to the plans submitted for building plan check. 3. The applicant shall work with the Planning Division to reduce the excess hardscape within the front yard and to incorporate additional landscaping. Landscape and irrigation plans shall be reviewed and approved by the Planning Division prior to the issuance of building permits. 4440 HUDDART AVENUE MOD NO. 19-20  4. Protected trees on the site shall be preserved and well-maintained in compliance with EMMC Section 14.03. RECOMMENDATION Staff recommends that the Modification Committee evaluate the proposal and consider the following Action: 1. Adopt a Categorical Exemption under Section 15301 (Class 3 – New Construction) pursuant to the California Environmental Quality Act and Guidelines, as amended 2. Adopt the Finding of Facts to approve Modification No. 19-20, subject to the conditions of approval. ATTACHMENTS A. Project Plans B. Public Hearing Notice C. Radius Map 4440 HUDDART AVENUE MOD NO. 19-20  CITY OF EL MONTE MODIFICATION COMMITTEE NOTICE OF PUBLIC HEARING Hablamos Español favor de hablar con Jeni Colon - (626) 258-8626 TO: All Interested Parties FROM: City of El Monte Planning Division PROPERTY 4440 Huddart Street / APN: 8570-011-004 LOCATION: APPLICATION: Modification No. 19-20 REQUEST: The Applicant is proposing to construct an attached 841 square foot Accessory Dwelling Unit (ADU) to an existing 2-car garage. The property currently contains two (2) detached dwelling units on an approximate 13,509 square foot lot with two (2) driveways. Modification No. 19-20 is requested to allow the applicant to retain the two (2) driveway approaches. The subject site is located in the R-2 (Multi-Family Residential) zone. The Modification request is made pursuant to Chapter 17.20 (Modification–Variance) of the El Monte Municipal Code (EMMC). APPLICANT: John Wu 412 S. Stoneman Avenue Alhambra, CA 91801 PROPERTY OWNER: Muhua Zhou 4440 Huddart Street El Monte, CA 91732 ENVIRONMENTAL Article 19. Categorical Exemptions – Section 15301 (Class 3 – New Construction or DOCUMENTATION: 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 public hearing is scheduled for: Date: Tuesday, October 13, 2020 Time: 6:00 p.m. Place: El Monte City Hall East – Council Chambers 11333 Valley Boulevard, El Monte, CA 91731 Members of the public wishing to observe the meeting may do so in one of the following ways: (1) Turn your TV to Channel 3; (2) City’s website at http://www.elmonteca.gov/378/Council-Meeting-Videos; or (3) Call-in Conference (669) 900-9128; Meeting ID 910 9002 6018 and then press #. Press # again when prompted for participant ID. Members of the public wishing to make public comment may do so via the following ways: (1) Call-in Conference (669) 900-9128; Meeting ID 910 9002 6018 and then press #. Press # again when prompted for participant ID. Once admitted into the meeting, press *9 to request to speak. (2) Email – All interested parties can submit questions/comments in advance to the Planning Division’s general email address: planning@elmonteca.gov. All questions/comments must be received by the Planning Division no later than 3:00 pm, October 13, 2020. Attendance of this meeting can only be done remotely Persons wishing to comment on the environmental documentation or proposed application may do so in in writing prior to the meeting date and must be received by 3:00 p.m., the day of the meeting. Public Comments of no more than 3-minutes shall be read into the record. Written comments shall be sent to Marlene Vega; El Monte City Hall West; 11333 Valley Boulevard; El Monte, CA 91731 or at mvega@elmonteca.gov. If you challenge the decision of the City Modification Committee, 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 Modification Committee at, or prior to, the public hearing. For further information regarding this application please contact Marlene Vega at (626) 258-8626. Monday through Thursday, except legal holidays, between the hours of 7:00 a.m. and 5:30 p.m. The staff report on this matter will be available on or about October 8, 2020 on the City of El Monte website, which may be accessed at http://elmonteca.gov/AgendaCenter/ Americans With Disabilities Act In compliance with Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made available in appropriate alternative formats to persons with a disability. Should you need special assistance to participate in this meeting, please contact the City Clerk’s Office by calling (626) 580-2016. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Published and Thursday, October 1, 2020 City of El Monte Modification Committee mailed on: Cristina Graciano, Modification Committee Secretary LOCATION MAP 4440 Huddart Avenue Modification No. 19-20 Subject Site