Zoning Review Committee

MODIFICATION COMMITTEE AGENDA CITY OF EL MONTE MODIFICATION COMMITTEE TUESDAY, SEPTEMBER 28, 2021 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 CESAR PERALTA (1) Attend the meeting in person at the City’s Council Chambers. All COVID-19 safety precautions (e.g. wearing a mask and social DEPUTY DIRECTOR distancing) shall be followed at all times. JASON MIKAELIAN CHIEF BUILDING OFFICIAL (2) Turn your TV to Channel 3. JESS McCLOSKEY (3) Visit the City’s website at: http://www.elmonteca.gov/378/council- meeting-videos (4) Call-in Conference (253) 215-8782; Meeting ID 893 1974 4095 and then press #. Press # again when prompted for participant ID. Members of the public wishing to make public comment may do so in one of the following ways: (1) Call-in Conference (253) 215-8782; Meeting ID 893 1974 4095 and then press #. Press # again when prompted for participant ID. Once admitted into the meeting, press *9 to request to speak. (2) Telephone– All interested parties can submit comments in advance to the Planning Division’s general telephone line: (626) 258-8626. All comments must be received by the Planning Division no later than 3:00 pm, September 28, 2021. 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 Phone: (626) 258-8626 2. Flag Salute www.elmonteca.gov planning@elmonteca.gov 3. Roll Call MODIFICATION COMMITTEE AGENDA September 28, 2021 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 for the record. PUBLIC HEARING 5. Modification Nos. 08-20 Address: 4815 Durfee Avenue / APN NO. 8545-021-017 Request: The Applicant is proposing to legalize an existing 420 square foot accessory structure (to be used as an Accessory Dwelling Unit (ADU)) with an attached 726 square foot 3-car garage. In addition, the Applicant is proposing to legalize a 341 square foot detached patio structure. Modification 08-20 is requested to allow the maximum accessory structure height to deviate from 16’-0” to 20’-5”. The subject site is located in the R-1B (Single-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: Sandra Elias, Associate Planner Recommendation: 1. Open the public hearing; 2. Receive presentation from staff; 3. Pose questions to staff; 4. Allow members of the public to offer comment; 5. Pose follow up questions to staff; 6. Close the public hearing; and 7. Approve the Modification request, adopt the Conditions of Approval and adopt the Categorical Exemption. Agenda | 2 MODIFICATION COMMITTEE AGENDA September 28, 2021 NEXT SCHEDULED MODIFICATION COMMITTEE MEETING Tuesday, October 12, 2021 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 SEPTEMBER 28, 2021 TO: MODIFICATION COMMITTEE FROM: BETTY DONAVANIK COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR JASON C. MIKAELIAN, AICP DEPUTY DIRECTOR BY: SANDRA ELIAS ASSOCIATE PLANNER SUBJECT: MODIFICATION NO. 08-20 LOCATION: 4815 DURFEE AVENUE APPLICANT: EDWIN & FRANCISCA CASTELLON 4815 DURFEE AVENUE EL MONTE, CA 91732 PROPERTY OWNER: EDWIN & FRANCISCA CASTELLON 4815 DURFEE AVENUE EL MONTE, CA 91732 ENVIRONMENTAL ARTICLE 19 CATEGORICAL EXEMPTION - SECTION 15303 DETERMINATION: (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: ADOPT A CATEGORICAL EXEMPTION & APPROVE MODIFICATION NO. 08-20, SUBJECT TO CONDITIONS REQUEST: The Applicant is proposing to legalize an existing 420 square foot accessory structure (to be used as an Accessory Dwelling Unit) attached to a 726 square foot three (3)-car garage. In addition, the Applicant is proposing to legalize a 341 square foot detached patio structure. Modification 08-20 is requested to exceed the maximum allowable accessory structure height of 16’-0” to 20’-5”. The subject site is located in the R-1B (Single-Family Residential) zone. The Modification request is made pursuant to Chapter 17.20 (Modification-Variance) of the El Monte Municipal Code (EMMC). 4815 Durfee Avenue MOD No. 08-20 SUBJECT PROPERTY: Location: South of Lower Azusa Road, east of Maxson Road General Plan: Low Density Residential (Maximum 6 Dwelling Units/Acre) Zone: R-1B (Single Family Residential) Street Frontage: Approximately 70 feet along Durfee Avenue Lot Size: 13,930 square feet (.32 acres) Existing Site Single-Family Residence and a detached unpermitted accessory Improvements: structure SURROUNDING PROPERTIES: General Plan: Zoning: Land Use: North: Low Density R-1B (Single Family Single-Family Residential Residential) Residential East: Low Density R-1A (Single Family Single-Family Residential Residential) Residential South: Low Density R-1B (Single Family Single-Family Residential Residential) Residential West: Low Density R-1B (Single Family Single-Family Residential Residential) Residential AERIAL PHOTO AND ZONING: N N BACKGROUND: The property is currently improved with a single-story, 1,368 SF single-family dwelling. The existing single-family dwelling contains three (3) bedrooms and two (2) bathrooms and was constructed in 1956 according to Los Angeles County Assessor records. 4815 Durfee Avenue MOD No. 08-20 DISCUSSION: City records reflect that a permit was issued for the construction of a detached 400 SF pool house with an attached 748 SF 3-car garage. Records also reflect that a stop work notice was issued in April 2006 during the building inspection phase. The stop work notice specifies the building height exceeded the height shown on approved plans. According to the stop work notice, the approval was for an 18 foot high structure and the structure was 20 feet high at the time of inspection in April 2006. Building permit records reflect that inspections were initiated for the pool house with the attached garage, however, the work was not finalized thus the permit that was originally issued expired. Based on this information, the previously issued permit is rendered null and void. Additionally, the applicant is proposing to legalize an existing 341 SF detached patio. A modification is requested to exceed the maximum allowable accessory structure height of 16’-0” to 20’-5”. The applicant intends to convert the unpermitted pool house to a 420 SF accessory dwelling unit with an attached 726 SF garage. PROJECT ANALYSIS: Development Standards Table 1 below provides the development standards for the R-1B zone and determines whether the proposed project complies with each standard. Table 1. Development Standards Meet Development Feature R-1B Requirement Proposed Requirement(s)? Front Yard Setback 20’ 58’ Yes Side Yard Setback(s) 5’ 5’ Yes Rear Yard Setback 20’ 103’ Yes Accessory Structure 4’ 10’ Yes Setback Accessory Structure No - Modification 16’ 20’-5” Height Requested Lot Coverage 35% 23% Yes FAR 30% 22% Yes Parking 2-car garage 3-car garage Yes 4815 Durfee Avenue MOD No. 08-20 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 (4) 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: Building and Safety records reflect that a permit was issued for the construction of a detached 400 SF pool house with an attached 748 SF 3-car garage. Records also reflect that a stop work notice was issued in April 2006 during the building inspection phase. The stop work notice specifies the building height is exceeding what was approved. According to the stop work notice, the approval was for an 18 foot high structure and the structure was 20 feet high at the time of inspection in April 2006. Building permit records reflect that inspections were initiated for the pool house with the attached garage, however, the work was not finalized thus the permit that was originally issued expired. Based on this information, the previously issued permit is rendered null and void. Due to the fact that the existing detached pool house with an attached 3-car garage was constructed under a valid permit, the circumstances may be considered exceptional or unique because the pool house and garage were constructed under a valid permit; however, it was not finalized. The applicant is seeking to legalize what was previously approved with the added height to the accessory structure to create a 420 SF accessory dwelling unit with an attached 726 SF 3-car garage. 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 properties in the vicinity for the proposed legalization of the 420 SF pool house (to be converted to an accessory dwelling unit) with an attached 726 SF 3- car garage, as it would allow the property owner to bring the existing structure into conformance with zoning code requirements. Building and Safety requirements would ensure that the proposed is not detrimental to public health and safety. There will be no impacts to nearby properties such as daylight obstruction, visual blight, etc. The location of the pool house with the attached three (3)-car garage is 4815 Durfee Avenue MOD No. 08-20  located to the rear of the subject site, thus minimizing the impact to surrounding properties. Moreover the property will remain under the maximum Floor Area Ratio (FAR) and lot coverage. 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: Staff has determined that the requested modification for the deviation of the accessory structure height can be supported due to the fact that it is intended to be legalized to be utilized as an accessory dwelling unit which contributes to the housing stock and is aligned with the intent of the California Government Code Section 65852.150 that supports accessory dwelling unit development as it is a valuable form of housing and is found to be an essential component of California’s housing supply. FINDING: D. The granting of such variance will not adversely affect the comprehensive general plan. FACT: The approval of such modification to exceed the maximum allowable height of 16’-0” for accessory structure height to 20’-5” will not adversely affect the comprehensive General Plan. Policy LU-1.1-Code Compliance, ensures land compatibility through adherence to the policies, standards, and regulations in the Municipal Code; Policy LU-1.6-Quality of Life, encourages protecting the quality of life of residents. Allowing the deviation of the accessory structure height will allow the property owner to retain the existing accessory structure to convert to an accessory dwelling unit thus enhancing the livability of the property while maintaining the single family residence characteristic of the Low Density Residential designation. 4815 Durfee Avenue MOD No. 08-20 CONDITIONS OF APPROVAL: 1. The project shall substantially conform to the site plan, floor plan and elevation plans on file with the City’s Planning Division and as presented to the Modification Committee on September 28, 2021 and as amended herein. 2. Plans shall comply with all City Department/Divisions regulations, guidelines, and conditions of approval including Building, Engineering, Planning and the Los Angeles County Fire Department. 3. The project shall conform to the 2019 California Building Codes including but not limited to the California Green Building Code. 4. The approval of Modification No. 08-20 is valid for one (1) year from the date of approval. During this time period, the applicant is responsible for obtaining the required City permit(s) for the proposed project. 5. A copy of the final decision letter with the conditions of approval shall be submitted with the building plans. RECOMMENDATION: Staff recommends that the Modification Committee evaluate the proposal and consider the following Action: 1. Adopt a Categorical Exemption under Section 15303 (Class 3–New Construction or Conversion of Small Structures) pursuant to the California Environmental Quality Act and Guidelines, as amended and; 2. Adopt the finding of Facts to approve Modification No. 08-20, subject to the conditions of approval. ATTACHMENTS: A. Project Plans B. Public Hearing Notice C. Radius Map D. Site Posting Photo 4815 Durfee Avenue MOD No. 08-20  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 4815 Durfee Avenue / APN: 8545-021-017 LOCATION: APPLICATION: Modification (MOD) No. 08-20 REQUEST: The Applicant is proposing to legalize an existing 420 square foot accessory structure (to be used as an Accessory Dwelling Unit (ADU)) with an attached 726 square foot 3-car garage. In addition, the Applicant is proposing to legalize a 341 square foot detached patio structure. Modification 08-20 is requested to allow the maximum accessory structure height to deviate from 16’-0” to 20’-5”. The subject site is located in the R-1B (Single-Family Residential) zone. The Modification request is made pursuant to Chapter 17.20 (Modification–Variance) of the El Monte Municipal Code (EMMC). APPLICANT: Edwin & Francisca Castellon 4815 Durfee Avenue El Monte, CA 91732 PROPERTY OWNER: Edwin & Francisca Castellon 4815 Durfee Avenue El Monte, CA 91732 ENVIRONMENTAL Article 19. Categorical Exemptions – Section 15303 (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, September 28, 2021 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) Attend the meeting in person at the City’s Council Chambers. All COVID-19 safety precautions (e.g.- wearing a mask and social distancing) shall be followed at all times. (2) Turn your TV to Channel 3; (3) Visit the City’s website at http://www.elmonteca.gov/378/Council-Meeting-Videos; or (4) Call-in Conference (253) 215-8782; Meeting ID 893 1974 4095 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 (253) 215-8782; Meeting ID 893 1974 4095 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, September 28, 2021. The staff report on this matter will be available on or about September 23, 2021 on the City of El Monte website, which may be accessed at https://www.ci.el-monte.ca.us/AgendaCenter/Planning-Commission-2 or by e-mailing selias@elmonteca.gov. 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. 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 Sandra Elias; El Monte City Hall West; 11333 Valley Boulevard; El Monte, CA 91731 or at selias@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 Sandra Elias at (626) 258-8621. Monday through Thursday, except legal holidays, between the hours of 7:00 a.m. and 5:30 p.m. Published and Thursday, September 16, 2021 City of El Monte Modification Committee mailed on: Sandra Elias, Modification Committee Secretary N 4815 Durfee Avenue – Public Notice Site Posting