Zoning Review Committee

ZONING REVIEW COMMITTEE AGENDA CITY OF EL MONTE ZONING REVIEW COMMITTEE TUESDAY, SEPTEMBER 27, 2022 (Special Meeting Date) 6:00 P.M. CITY HALL EAST – COUNCIL CHAMBERS 11333 VALLEY BOULEVARD CITY OF EL MONTE ZONING REVIEW This meeting shall be conducted in compliance with the procedures set COMMITTEE forth under AB361 which allows local legislative bodies to continue conducting virtual meetings under certain emergency circumstances CHAIRPERSON without strictly complying with traditional Brown Act teleconferencing ALFREDO NUÑO requirements, so long as there is a live comment option for public comments, meetings are paused for any technical difficulties that affect DEPUTY DIRECTOR public participation, and each agenda contains information on how to JASON MIKAELIAN access the meeting as well as how to participate in public comment CHIEF BUILDING OFFICIAL virtually. The El Monte City Council has availed itself of the procedures JESS McCLOSKEY of AB361 for meetings of the City of El Monte’s Legislative Bodies by resolution last approved at its meeting of June 21, 2022. 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 Members of the public wishing to make public comment may do so in one of the following ways: (1) Call-in Conference (669) 444-9171; Meeting ID 819 5313 8958 and then press #. Press # again when prompted for participant ID. Once admitted into the meeting, press *9 to request to speak. (2) Email or Telephone– All interested parties can submit comments in advance to the Planning Division’s general telephone line: (626) 258- 8626 or planning@elmonteca.gov. All comments must be received by the Planning Division no later than 3:00 pm on September 27, 2022. Phone: (626) 258-8626 www.elmonteca.gov Instruction regarding accommodation under the Americans with planning@elmonteca.gov Disabilities Act can be found on the last page of this Agenda. ZONING REVIEW COMMITTEE AGENDA September 27, 2022 OPENING OF MEETING 1. Call Meeting to Order 2. Flag Salute 3. Roll Call 4. Public Comments Citizens wishing to address the Zoning Review 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. Minor Variance (MV) No. 03-22 Address: 5416 La Madera Avenue / APN No. 8541-015-030 Request: The Applicant is requesting a Minor Variance to increase the maximum fence height requirement (from four (4) feet to six (6) feet) to allow the construction of a new six (6) foot tall fence that will be setback five (5) feet from the street side property line. The subject site is located within the R-1C (One-Family Dwelling) zone. The Minor Variance request is made pursuant to Chapter 17.125 (Variances & Minor Variances) of the El Monte Municipal Code (EMMC). CEQA Determination: Article 19. Categorical Exemptions – Section 15301 (Class 1 – Existing Facilities) in accordance with the requirements of the California Environmental Quality (CEQA) Act of 1970 and the CEQA Guidelines, as amended. Case Planner: Carolyn Camarena, Planning Technician Recommendation: Open the public hearing; 1. Receive presentation from staff; 2. Pose questions to staff; 3. Allow members of the public to offer comment; 4. Pose follow up questions to staff; 5. Close the public hearing; and 6. Approve the Minor Use Permit request, adopt the Conditions of Approval and adopt the Categorical Exemption. Agenda | 2 ZONING REVIEW COMMITTEE AGENDA September 27, 2022 NEXT SCHEDULED ZONING REVIEW COMMITTEE MEETING Tuesday, October 11, 2022, at 6:00 p.m. City Hall East – City Council Chambers Availability of staff reports: Copies of the staff reports or other written documentation relating to each item of business described hereinabove are available on the City’s Home Page at www.elmonteca.gov. You may also call the Planning Division at (626) 258-8626 for more information. 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] General explanation of how the meeting is conducted: 1. The staff report is presented by City Planning staff. 2. The Zoning Review Committee may ask questions if necessary for clarification. 3. The Zoning Review Committee Chair opens the public hearing. 4. The applicant makes a presentation to the Zoning Review Committee. 5. Individuals speaking in favor of the project address the Committee. 6. Individuals speaking against the project address the Committee. 7. The applicant responds to project opponents. 8. The public hearing is closed. 9. Zoning Review Committee members discuss the project. 10. Zoning Review Committee members vote on the project. 11. Any interested party who disagrees with the Zoning Review Committee decision may appeal the Committee’s decision to the Planning Commission within 10 calendar days. Any appeal filed must be directed to the City Clerk’s Office and must be accompanied by a fee of $868.00 or $1,465.00 (depending on the type of project). Any individual that received notice of this meeting from the City of El Monte will receive notice of an appeal if one is filed. Agenda | 3 STAFF REPORT SEPTEMBER 27, 2022 TO: ZONING REVIEW COMMITTEE FROM: BETTY DONAVANIK COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR JASON C. MIKAELIAN, AICP COMMUNITY & ECONOMIC DEVELOPMENT DEPUTY DIRECTOR BY: CAROLYN CAMARENA PLANNING TECHNICIAN SUBJECT: MINOR VARIANCE NO. 03-22 LOCATION: 5416 LA MADERA AVENUE APPLICANT/ JACOB SALMON PROPERTY OWNER 5416 LA MADERA AVENUE EL MONTE, CA 91732 ENVIRONMENTAL ARTICLE 19 CATEGORICAL EXEMPTION - SECTION 15301 DETERMINATION: (CLASS 1 – EXISTING FACILITIES) 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 MINOR VARIANCE NO. 03-22, SUBJECT TO CONDITIONS REQUEST A Minor Variance (MV) is requested to increase the maximum fence height requirement (from four (4) feet to six (6) feet) to allow the construction of a new six (6) foot tall fence that will be setback five (5) feet from the street side property line. The property is located in the R-1B (One-Family Residential) zone in the Rurban Homestead Overlay District (RHOD). The MV request is made pursuant to Chapter 17.125 (Variance & Minor Variances) of the El Monte Municipal Code (EMMC). 5416 La Madera MV No. 3-22 SUBJECT PROPERTY: Location: East of La Madera Avenue, north of Rio Hondo Parkway General Plan: Low Density Residential (0.1 to 6.0 Dwelling Units/Acre) Zone: R-1B (One-Family Residential) within RHOD Street Frontage: 134.25 feet along La Madera Ave Lot Size: 9,397.5 SF (0.22 acres) Existing Site Single-Family Residence with an attached garage Improvements: SURROUNDING PROPERTIES: General Plan: Zoning: Land Use: North: City of Arcadia City of Arcadia City of Arcadia East: Low Density R-1C & ROHD Single-Family Residential Residential South: Low Density R-1C & ROHD Single-Family Residential Residential West: Low Density R-1C & ROHD Single-Family Residential Residential AERIAL PHOTO AND ZONING: 5416 La Madera MV No. 3-22 BACKGROUND According to the LA County Assessor Records, the subject property is currently developed with a single-family dwelling unit and a two-car garage that were built in 1949. The current property owner is requesting to construct a six (6) foot tall fence along La Madera Avenue to fully-enclose the property and to install a swimming pool within the private yard. Furthermore, an application for a MV to increase the allowed wall height (from four (4) feet to six (6) feet) within the street side setback was submitted to the Planning Division on June 23, 2022. DISCUSSION The property is currently improved with a one-story 978 square foot (SF) single-family dwelling with an attached 480 SF garage. The existing single-family residence contains two (2) bedrooms and one (1) bathroom and was constructed in 1949. The applicant is proposing to increase the maximum fence height requirement from four (4) feet to six (6) feet that is setback five (5) feet from the property line along La Madera Avenue. The existing zoning allows a maximum height of four (4) feet for a solid wall/fence that is located in the front setback area in residential zones. 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. R-1B Development Standards Development Existing or Feature Requirement Proposed Complies? Front Yard 20’ 19’-6” No- Nonconforming Setback Side Yard 5’ 10’ Yes Setback(s) Rear Yard 20’ 6’ No- Nonconforming Setback Lot Coverage 30% 15.5% Yes FAR 35% 10% Yes Parking 2-car garage 2-car garage Yes Front Wall No – MV Requested Height 4’ 6’ 5416 La Madera MV No. 3-22 FINDINGS OF FACT In order to approve the project, the Zoning Review Committee is required to make certain findings. Section 17.125.040 (EMMC) - Necessary conditions outlines the five (5) required findings and conditions to be met in order to approve any Minor Variance: FINDING: A. The Minor Variance will not be detrimental to the public health, safety or welfare or injurious to the subject property or other improvements in the vicinity; FACT: The purpose of the proposed six (6) foot high fence is to provide an enclosure for a proposed swimming pool that is within the private yard of the subject property. By providing the fence, the applicant will comply with requirements from the Building and Safety Division. These requirements will be verified during the plan check phase. Furthermore, the proposed fence will be replacing a four (4) foot high wall/fence (wrought iron with block pilasters) that currently exists along the front property line on La Madera Avenue. However, the proposed fence will be setback five (5) feet from the property line to ensure that there will be no line-of-sight issues for motorists entering and exiting the property and to create ample clearance for future improvements to the public right-of-way. In addition, the subject property is located at a dead-end street (that abuts the City of Arcadia’s Public Works Department) that does not create a high-volume of traffic. Therefore, granting the MV will not be detrimental to the public health or welfare or injurious to the properties in the vicinity. FINDING: B. The Minor Variance will not authorize a use or activity that is not otherwise expressly authorized in the subject property’s zoning classification; FACT: The zoning for this property, R-1B in the Rurban Homestead overlay district, allows for a fence within the front yard. The proposed project will not increase the allowable floor area ratio or lot coverage for this zone. The MV will allow an increase in height of up to six (6) feet, which does not exceed the maximum allowable height for this zone. In addition, the proposed fencing material will be required to be compatible with the City’s residential design standards to ensure that the residential integrity of the neighborhood is not compromised. 5416 La Madera MV No. 3-22 FINDING: C. There are exceptional or extraordinary circumstances applicable to the property involved (e.g. location, shape, size, surroundings and topography), so that the strict application of this Title denies the property owner privileges enjoyed by others in the vicinity and under identical zoning classifications; FACT: The configuration of the lot is positioned such that the front yard acts as a street side yard. The depth of the lot is 70 feet and the frontage is 134.25 feet. In addition, the existing dwelling unit is developed within the southern portion of the property while the private yard is within the northern portion. Therefore, the proposed fencing will also serve as a privacy fence to enclose the private yard and future swimming pool. In addition, the subject property is located at a dead-end street (that abuts the City of Arcadia’s Public Works Department) that does not create a high-volume of traffic. Staff has determined that the requested height increase, from four (4) feet to six (6) feet, would conform to the maximum height standards for residential properties. FINDING: D. The Minor Variance will not provide special privileges for the property involved, which are inconsistent with other properties in the vicinity and within the same zoning classification; FACT: The approval of the MV will not provide special privileges for the property involved. The configuration of the lot is positioned such that the front yard acts as a street side yard. The depth of the lot is 70 feet and the frontage is 134.25 feet. In addition, the existing dwelling unit is developed within the southern portion of the property while the private yard is within the northern portion. Therefore, the proposed fencing will also serve as a privacy fence to enclose the private yard and future swimming pool. In addition, the subject property is located at a dead-end street (that abuts the City of Arcadia’s Public Works Department) that does not create a high-volume of traffic. Furthermore, the surrounding properties are designated within the one-family zoning district. The character of the property will remain consistent with the surrounding area. It will not obstruct adjacent properties from light or air. FINDING: E. The Minor Variance will not adversely affect the purpose, goals and policies of the General Plan, the Zoning Code and any applicable Specific Plan. 5416 La Madera MV No. 3-22 FACT: The approval of the request to increase the maximum fence height from four (4) feet to six (6) feet 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 change in fence height will allow the property owner to enhance the livability of the property while maintaining the single-family residence characteristic of the Low Density Residential designation. As such, the proposed fencing will serve as a privacy fence to enclose the private yard and future swimming pool. In addition, the subject property is located at a dead-end street (that abuts the City of Arcadia’s Public Works Department) that does not create a high-volume of traffic. Additionally, it is found that the proposed deviation from the maximum wall height (from four (4) feet to six (6) feet) in combination with meeting all Building and Safety requirements is also compatible with the intent of the General Plan as it will grant the property owner a solution to addressing the orientation of the lot while preserving the integrity of the neighborhood. 5416 La Madera MV No. 3-22 CONDITIONS OF APPROVAL: 1. The project shall substantially conform to the site plan on file with the City’s Planning Division and as presented to the Zoning Review Committee on September 27, 2022 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 project shall conform and adhere to all Building and Safety Division requirements. 5. The proposed fence shall be set back a minimum of five (5) feet from the front property line along La Madera Avenue. 6. The patio structure that is located in the north-east corner of the property shall be removed. 7. The approval of MV No. 03-22 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 or a time extension shall have been approved by the Community and Economic Development Director. 8. A copy of the final decision letter with the conditions of approval shall be submitted with the building plans. 5416 La Madera MV No. 3-22 RECOMMENDATION: Staff recommends that the Zoning Review Committee evaluate the proposal and consider the following Actions: 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 MV No. 03-22, subject to the conditions of approval. ATTACHMENTS: A. Project Plans B. Public Hearing Notice C. Radius Map D. Site Posting Photo 5416 La Madera MV No. 3-22  CITY OF EL MONTE ZONING REVIEW 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 5416 La Madera Avenue / APN: 8541-015-030 LOCATION: APPLICATION: Minor Variance (MV) No. 03-22 REQUEST: A Minor Variance is requested to increase the maximum fence height requirement (from four (4) feet to six (6) feet) to allow the construction of a new six (6) foot tall fence that will be setback five (5) feet from the street side property line. The property is located at 5416 La Madera Avenue within the R-1B (One-Family Dwelling) zone. The Minor Variance is made pursuant to Chapter 17.125 (Variances & Minor Variances) of the El Monte Municipal Code (EMMC). APPLICANT/ PROPERTY OWNER: Jacob Salmon 5416 La Madera Avenue El Monte, CA 91732 ENVIRONMENTAL Article 19. Categorical Exemptions – Section 15301 (Class 1 – Existing Facilities) in accordance DOCUMENTATION: 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 Zoning Review 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 27, 2022 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 (669) 444 9171; Meeting ID 819 5313 8958 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) 444 9171; Meeting ID 819 5313 8958 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 27, 2022. The staff report on this matter will be available on or about September 22, 2022, 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 ccamarena@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 Carolyn Camarena; El Monte City Hall West; 11333 Valley Boulevard; El Monte, CA 91731 or at ccamarena@elmonteca.gov. If you challenge the decision of the City Zoning Review 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 Zoning Review Committee at, or prior to, the public hearing. For further information regarding this application please contact Carolyn Camarena at (626) 258-8641. Monday through Thursday, except legal holidays, between the hours of 7:00 a.m. and 5:30 p.m. Published: Thursday, September 15, 2022 City of El Monte Zoning Review Committee Mailed: Wednesday, September 14, 2022 Sandra Elias, Zoning Review Committee Secretary Location Map – 5416 La Madera Avenue