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02-03-2004 - (2)City of West Covina Memorandum TO: City Manager and City Council, AGENDA FROM: Douglas N. McIsaac ITEM NO. C-1 Planning Director DATE: February 3, 2004 SUBJECT: APPEAL OF PLANNING COMMISSION DENIAL OF VARIANCE NO.03-10 AND TREE REMOVAL PERMIT NO.03-04 Location: 338 S. La Serena Drive Applicant/Appellant: Brian and Nancy Scrivens RECOMMENDATION: The Planning Commission and staff recommend that the City Council adopt the following resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY 0 1 - XNING • . : • BACKGROUND: The applicant/appellant owns a single-family home on a 14,048-square foot lot located at 338 S. La Serena Drive, which is on the northeast corner of La Serena Drive and Sunset Hill Drive, just east of Barranca Street and north of Cortez Street. The lot is considered a "reverse corner lot," in that the side yard of the lot along Sunset Hill Drive aligns with the front yards of other homes to east along Sunset Hill Drive. The street side yard for reverse corner lots is required to have greater setback (12.5 feet) than the normal side yard setback (in this case 7 feet) to compensate for the fact that the street side yard adjoins the front yards of adjoining lots, which have a required setback of 25 feet. The home is currently developed with a carport structure (with "side in" access) with a setback of 9 feet on the Sunset Hill Drive side of the lot, or 3.5 feet inside of the required 12.5-foot setback. In that the carport already exists on the site, it is considered to be "legal nonconforming" as long as it should continue to exist. If the structure is voluntarily removed, however, any new structures are required to adhere to the current setback requirement. DISCUSSION: The applicant is now proposing to replace the existing carport structure with a new 782- square foot garage with a small exercise room, which is 3 feet wider and 14 feet longer than the dimensions for a standard 400-square foot two -car garage. In proposing the new garage, the applicant has also requested a variance in order to build the new garage with the same- nonconforming 9-foot side yard setback as the existing carport. The applicant is also requesting approval of a tree removal permit to remove three ash trees located in the required setback area. The applicant was originally advised by staff that it would be preferable to comply with the required 12.5-foot setback, which could be done by shifting the proposed building 3.5 feet to the north or reducing the width of the garage by 3 feet (which would still allow it to have the minimum required width of 20 feet) and shifting it over by 6 inches. The applicant chose not to do this and rather elected to apply for a variance. PLANNING COMMISSION REVIEW AND RECOMMENDATION: On January 13, 2004, the Planning Commission, voted 3-2 to deny the requested variance. Commissioners Warshaw, Lane, and Tarozzi voted in favor of the denial and Commissioners Roe and York voted against. The three Commissioners supporting the Appeal Var. 03-10 and # 03-04 February 3, 2004 - Page 2 denial cited. the fact that there were no unusual circumstances related to the size, shape, or topography of the lot that warranted or justified a reduced setback. Upon questioning, the applicant stated that it would be possible to shift the garage further over to comply with the setback, but that they did not wish to further reduce the amount of usable rear yard area. The two Commissioners opposing the denial cited the fact that the applicant had provided evidence indicating that none of the surrounding neighbors opposed the granting of the variance and that the proposed garage would be an improvement over the existing carport. FISCAL IMPACT: None. Pre ared by: Michae 1tz Reviewed/ pproved by: Douglas N. McIsaac Planning Assistant Planning Director Attachments: Attachment l — City Council Variance Resolution Attachment 2 — Planning Commission Staff Report Attachment 3 - Planning Commission Resolution No. 03-4913 Attachment 4 — Planning Commission Minutes Attachment 5 — Applicant Appeal Letter of Planning Commission Decision Attachment 6 — Aerial photograph, 338 S. La Serena Drive r ZACase Fi1es\VARI4-NCE\2003\VAR 03-10 338 La Sema\CC\Council Staff Report.doc AGENDA ATTACHMENT 2 ITEM NO: C-4 DATE: January 13, 2004 PLANNING DEPARTMENT STAFF REPORT VARIANCE NO.03-10 TREE REMOVAL PERMIT NO.03-04 CATEGORICAL EXEMPTION APPLICANT: Brian and Nancy Scrivens LOCATION: 338 South La Serena Drive I. DESCRIPTION OF APPLICATION The applicant is requesting approval of a variance to encroach three feet, six inches into -the required 12-foot, six-inch side ,yard setback to accommodate the construction of a 782-square foot garage. The proposed garage would replace an existing legal nonconforming 360-square foot ,open carport constructed in 1988. The applicant is also requesting approval of a tree removal permit, to remove three ash trees, located in the required setback_ area. The property is located within the "Single -Family Residential" (R- 1) Zone, Area District III. II. STAFF RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution denying Variance No 03-10. III. ENVIRONMENTAL DETERMINATION Pursuant to requirements of the California Environmental Quality Act (CEQA) of 1970, this project is a Categorical Exemption, Class 11 (Section 15311: Accessory Structures), since the project consists of an application to legalize an existing accessory structure. IV. SUMMARY OF DATA Zoning: "Single -Family Residential" (R-1), Area District III General Plan: "Suburban" (2.1 — 4.0 dwelling units per acre) Surrounding Zoning and Land Use: North: "Single -Family Residential" (R-1); Single-family residential West: "Single -Family Residential" (R-1); Single-family residential South: "Single -Family Residential" (R-1); Single-family residential East: "Single -Family Residential" (R-1); Single-family residential Notices of Public Hearing have been mailed to 36 owners/occupants of properties located within 300 feet of the subject site. 1 Variance No. 03-10, Tree Rem3ia1 Permit No. 03-04 338 South La Serena Drive January 13, 2004 - Page 2 of 3 V. PROJECT DESCRIPTION AND ANALYSIS The applicant is requesting approval of a variance to encroach three feet, six inches into the required 12-foot, six-inch side yard setback, to accommodate the construction of a 782-square foot garage. The proposed garage will replace an existing to an existing legal nonconforming 360-square foot open carport. The applicant is also requesting 'approval of a tree removal permit, to remove three ash trees, located in the required setback area. The subject property is 14,048 square feet in size. A 1,724-square foot house is'located on the property. A 400-square foot detached guest house is directly adjacent to the house. The property is located within the "Single -Family Residential" (R-1) Zone, Area District III. The applicant has indicated that the purpose of the new garage is to upgrade the property and remove an unsightly open carport structure. The West Covina Municipal Code requires that single-family homes must have four total parking spaces, two of which must be covered. The covered parking spaces are required to have a minimum interior dimension of 20 feet by 20 feet, and a minimum size of 400 square feet. The garage is proposed to be 728 square feet and include a 100-square foot exercise room. The garage addition is not considered a habitable space as no plumbing or bathroom facilities are provided. A window is located on the south elevation, adjacent to the side lot line (the elevation affected by the variance). Three ash trees would need to be removed in order to accommodate the new garage in the location proposed. Purpose -of Setback Requirement The purpose for the side yard setback requirement in the "Single -Family Residential" Zone is to ensure an open space buffer between structures on residential properties and neighboring properties. The open space buffer serves to maintain the privacy and aesthetic characteristics commensurate with single-family residential properties. The applicant's lot is on a corner and is considered a reverse corner lot. The Municipal Code describes a reverse corner lot as a lot where the street side yard of the lot abuts the front yard of the lot to its rear. For reverse corner lots the street side setback requirement for corner lots is one half of the front setback of the lot to its rear. The front lot setback requirement for the adjacent lot to the rear of the subject lot is 25 feet, therefore the street side yard setback requirement -for the subject lot is 12 feet, 6 inches. Standard corner lots, where a property's side yard'is adjacent to a neighboring parcels side yard, require a seven -foot setback. The applicant is requesting that the new garage be set back 9 feet from the street side property line. The existing carport structure is currently 9 feet from the street side property line. This structure is considered "legal nonconforming." Based on the building permit records, the existing carport was constructed in 1988. The Zoning Code generally does not limit garage size, subject to lot coverage and setback requirements. Lot Characteristics The subject property is similar in shape and character to,the surrounding properties. The addition will maintain the same setback as the existing legal nonconforming carport. The applicant has included 16 affidavits from surrounding neighbors stating that they are in favor of the proposed garage construction and its location. The neighbor that is directly to the east of the' property at 3103 E. Sunset Hill (who would be mostly affected by the garage addition) is also in favor of the addition. Tree Removal Permit The Municipal Code requires approval of a tree removal permit for the removal of any trees that are considered to be significant or heritage trees. In this case, a significant tree is a tree that has a caliper greater than one foot and is located within the street -side yard ZACase FileAVARIANCO2003WAR 03-10 338 La Sema\StaffReport.doc Variance No. 03-10, Tree Removal Permit No. 03-04 338 South La Serena Drive January 13, 2004 - Page 3 of 3 area of a corner lot. Two of three trees to be removed are considered to be significant trees since they are within the required 12-foot, six-inch setback area. All three of the trees are ash trees, which are not considered significant trees by species in the Municipal Code. Conclusion It is the opinion of staff, there does not appear to be any exceptional circumstances that exist on the property relative to it's size, shape, or topography that would ordinarily support the granting of a variance from the normal setback requirement. Furthermore, it does not appear to be any impediments on the property that would prevent the proposed garage from being constructed in compliance with the 12-foot, six-inch setback. Staff has suggested this to the applicant, but as mentioned above, however, the applicant has support from the surrounding properties including the property owner adjacent to the affected side of the property. If the Commission was therefore inclined to approve the variance and tree removal permit, an appropriate resolution has been attached. VI. STAFF RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution denying Variance No. 03-10 and Tree Removal Permit. PREPARED BY: Michael Hit Planning A 'start REVIEWED AND APPROVED: Attachments: Attachment 1-Planning Commission Resolution for Denial Attachment 2-Planning Commission Resolution for Approval Attachment 3-Affidavits from neighbors submitted by applicant. ZACase FilesWARIANCE\2003WAR 03-10 338 La Sema\.Staff Report.doc ATTACHMENT 3 Dear City of West Covina Planning Department Members I/We have reviewed the request for a variance and corresponding plot map submitted for your consideration by Brian & Nancy Scrivens, the property owners of 338 South La Serena Drive. It is my/our understanding that they are requesting a variance for a side yard set back of 9 feet (the same as the current permitted standing building on the property) instead of 121/2 feet which is the current building code for reverse corner lots. I/We find their request to be reasonable; the new garage that will replace the current standing structure will be a welcomed improvement, which will benefit our neighborhood. Therefore, I/We are supporting Brian & Nancy Scrivens and I/We urge you to grant the variance that they are seeking. Sincerely, (..'T1.2 hvl� T'Ur-�,r-k Name/s Address I --;-, 50 - -7-)3i - Phone Number I Dear City of West Covina Planning Department Members I/We have reviewed the request for. a variance and corresponding plot map submitted for your consideration by Brian & Nancy Scrivens, the property owners of 338 South La Serena Drive. It is my/our understanding that they are requesting a variance for a side yard set back of 9 feet (the same as the current permitted standing building on the property) instead of 121/2 feet which is the current building code for reverse corner lots. I/We find their request to be reasonable; the new garage that will replace the current standing structure will be a welcomed improvement, which will benefit our neighborhood. Therefore, I/We are supporting Brian & Nancy Scrivens and I/We urge you to grant the variance that they are seeking. Sincerely, I Name/s Address 3q-133 Phone Ni6nber Dear City of West Covina Planning Department Members I/We have reviewed the request for a variance and corresponding plot map submitted for your consideration by Brian & Nancy Scrivens, the property owners of 338 South La Serena Drive. ` It is my/our understanding that they are requesting a variance for a side yard set back of 9 feet (the same as the current permitted standing building on the property) instead of 121/2 feet which is the current building, code for reverse comer lots. I/We find their request to be reasonable; the new garage that will replace the current standing structure will be a welcomed improvement, which will benefit our neighborhood.. Therefore, I/We are supporting Brian & Nancy Scrivens and I/We urge you to grant the variance that they are seeking. J Sincerely, Address } U Phone Number C � � � - "7 / • Dear City of West Covina Planning Department Members I/We have reviewed the request for a variance and corresponding plot map submitted for your consideration by Brian & Nancy Scrivens, the property owners of 338 South La . Serena Drive. It is my/our understanding that they are requesting a variance for a side yard set back of 9 feet (the same as the current permitted standing building on the property) instead of 12 '/z feet which is the current building code for reverse comer lots. I/We find their request to be reasonable; the new garage that will replace the current standing structure will be a welcomed improvement, which will benefit our neighborhood. Therefore, I/We are supporting Brian & Nancy Scrivens and I/We urge you to grant the variance that they are seeking. Sincerely, Name/s c' i ..' C-F- f) : "s A Address Phone Number t C)a C.A (�f r7q( Dear City of West Covina Planning Department Members I/We have reviewed the request for a variance and corresponding plot map submitted for your consideration by Brian & Nancy Scrivens, the property owners of 338 South La Serena Drive. . It is my/our understanding that they are requesting a variance for a side yard set back of 9 feet (the same as the current permitted standing building on the property) instead of 12 '/2 feet which is the current building code for reverse comer lots. I/We find their request to be reasonable; the new garage that will replace the current standing structure will be a welcomed improvement, which will benefit our neighborhood. Therefore, I/We are supporting Brian & Nancy Scrivens and I/We urge you to grant the variance that they are seeking. Sincerely, Name/s L4 J Addr ss Phone Number Dear City of West Covina Planning Department Members I/We have reviewed the request for a variance and corresponding plot map submitted for your consideration by Brian & Nancy Scrivens, the property owners of 338 South La Serena Drive. It is my/our understanding that they are requesting a variance for a side yard set back of 9 feet (the same as the current permitted standing building on the property) instead of 12 1/2 feet which is the current building code for reverse comer lots. I/We find their request to be reasonable; the new garage that will replace the current standing structure will be. a welcomed improvement, which will benefit our neighborhood. Therefore, I/We are supporting Brian & Nancy Scrivens and I/We urge you to grant the variance that they are seeking. Sincerely, i Nam.,s 0 Phone Number Dear City of West Covina Planning Department Members I/We have reviewed the request for a variance and corresponding plot map submitted for your consideration by Brian & Nancy Scrivens, the property owners of 338 South La Serena Drive. It is my/our understanding that they are requesting a variance for a side yard set back of 9 'feet (the same as the current permitted standing building on the property) instead of 121/z feet which is the current building code for reverse corner lots. I/We find their request to be reasonable; the new garage that will replace the current standing structure will be a welcomed improvement, which will benefit our neighborhood. Therefore, I/We are supporting Brian & Nancy Scrivens and I/We urge you to grant the variance that they are seeking. Sincerely, 11 Name/s Address Phone Number 0 Dear City of West Covina Planning Department Members I/We have reviewed the request for a variance and corresponding plot map submitted for your consideration by Brian & Nancy Scrivens, the property owners of 338 South La Serena Drive, It is my/our understanding that they are requesting a variance for a side yard set back of 9 feet (the same as the current permitted standing building on the property) instead of 12 1/2 feet which is the current building code for reverse corner lots. I/We find their request to be reasonable; the new garage that will replace the current standing structure will be a welcomed improvement, which will benefit our neighborhood. Therefore, I/We are supporting Brian & Nancy Scrivens and I/We urge you to grant the variance that they are seeking. Sincerely, W Address Phone Number 0 • Dear City of West Covina Planning Department Members I/We have reviewed the request for a variance and corresponding plot map submitted for your consideration by Brian & Nancy Scrivens, the property owners of 338 South La Serena Drive. It is my/our understanding that they are requesting a variance for a side yard set back of 9 feet (the same as the current permitted standing building on the property) instead of 12 '/2 feet which is the current building code for reverse comer lots. I/We find their request to be reasonable; the new garage that will replace the current standing structure will be a welcomed improvement, which will benefit our neighborhood. Therefore, I/We are supporting Brian & Nancy Scrivens and I/We urge you to grant the variance that they are seeking. Sincerely, Address _ Phone Number Dear City of West Covina Planning Department Members I/We have reviewed the request for a variance and corresponding plot map submitted for your consideration by Brian & Nancy Scrivens, the property owners of 338 South La Serena Drive. It is my/our understanding that they are requesting a variance for a side yard set back of 9 feet (the same as the current permitted standing building on the property) instead of 12 '/2 feet which is the current building code for reverse corner lots. l I/We find their request to be reasonable; the new garage that will replace the current standing structure will be a welcomed improvement, which will benefit our neighborhood. Therefore, I/We are supporting Brian & Nancy Scrivens and I/We urge you to grant the variance that they are seeking. Sincerely, Name Address a-- j % Af Phone Number Dear City of West Covina Planning Department Members I/We have reviewed the request for a variance and corresponding plot map submitted for your consideration by Brian & Nancy Scrivens, the property owners of 338 South La Serena Drive. It is my/our understanding that they are requesting a variance for a side yard set back of 9 feet (the same as the current permitted standing building on the property) instead of 121/2 feet which is the current building code for reverse corner lots. I/We find their request to be reasonable; the new garage that will replace the current standing structure will be a welcomed improvement, which will benefit our neighborhood. Therefore, I/We are'supporting Brian & Nancy Scrivens and I/We urge you to grant the variance that they are seeking. Sincerely, Name/s Address C, Phone Number Dear City of West Covina Planning Department Members I/We have reviewed the request for a variance and corresponding plot map submitted for your consideration by Brian & Nancy Scrivens, the property owners of 338 South La Serena Drive. It is my/our understanding that they are requesting a variance for a side yard set back of 9 feet (the same as the current permitted standing building on the property) instead of 121/2 feet which is the current building code for reverse comer lots. I/We find their request to be reasonable; the new garage that will replace the current standing structure will be a welcomed improvement, which will benefit our neighborhood. Therefore, I/We are supporting Brian & Nancy Scrivens and I/We urge you to grant the variance that they are seeking. Sincerely, y AN`�� Name/s Address (PO�132'- Phone Number f fail 4e* Dear City of West Covina Planning Department Members I/We have reviewed the request for a variance and corresponding plot map submitted for your consideration by Brian & Nancy Scrivens, the property owners of 338 South La Serena Drive. It is my/our understanding that they are requesting a variance for a side yard set back of 9 feet (the same as the current permitted standing building on the property) instead' of 12 V2 feet which is the current building code for reverse comer, lots. I/We find -their request to be reasonable; the new garage that will replace the current standing structure will be a welcomed improvement, which will benefit our neighborhood. Therefore, I/We are supporting Brian & Nancy Scrivens and I/We urge you to grant the variance that they are seeking. Sincerely, 71. ---7/h Address ST147= ,. 0 Dear City of West Covina Planning Department Members I/We have reviewed the request for a variance. and corresponding plot map submitted for your consideration by Brian & Nancy Scrivens, the property, owners of 338 South La Serena Drive. It is my/our understanding that they are requesting a variance for a side yard set back of 9 feet (the same as the current permitted standing building on the property) instead of 12 1/z feet which is the current building code for reverse corner lots. I/We find their request to be reasonable; the new garage that will replace the current standing structure will be a welcomed improvement, which will benefit our neighborhood. Therefore, I/We are supporting Brian & Nancy Scrivens and I/We urge you to grant the variance that they are seeking. Sincerely, Name/s Address • 0 Dear City of West Covina Planning Department Members I/We have reviewed the request for a variance and corresponding plot map submitted for your consideration by Brian & Nancy Scrivens, the property owners of 338 South La Serena Drive. i It is my/our understanding that they are requesting a variance for a side yard set back of 9 feet (the same as the current permitted standing building on the property) instead of 121/2 feet which is the current building code for reverse corner lots. I/We find their request to be reasonable; the new garage that will replace the current standing structure will be a welcomed improvement, which will benefit our neighborhood. Therefore, I/We are supporting Brian & Nancy Scrivens and I/We urge you to grant the variance that they are seeking. Sincerely, Name/s 3 tl Z c S �. p 2�.,� Address Phone Number Dear City of West Covina Planning Department Members I/We have reviewed the request for a variance and corresponding plot map submitted for your consideration by Brian & Nancy Scrivens, the property owners of 338 South La Serena. Drive. It is my/our understanding that they are requesting a variance for a side yard set back of 9 feet (the same as the current permitted standing building on the property) instead of 121/z feet which is the current building code for reverse corner lots. I/We find their request to be reasonable; the new garage that will replace the current standing structure will be a welcomed improvement, which will benefit our neighborhood. Therefore, I/We are supporting Brian & Nancy Scrivens and I/We urge you to grant the variance that they are seeking. Sincerely, ........... Name/s ' Address Phone Number ATTACHMENT3 � PLANNING COMMISSION RESOLUTION NO. 04-4913 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, DENYING VARIANCE NO.03-10, TO ENCROACH INTO THE REQUIRED SIDE YARD IN ORDER TO ACCOMMODATE A GARAGE ADDITION. VARIANCE NO.03-10 TREE REMOVAL PERMIT NO. 03-04 CATEGORICAL EXEMPTION. APPLICANT: Brian and Nancy Scrivens LOCATION: 338 South La Serena Drive WHEREAS, there was filed with this Commission a verified application on the forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code, requesting approval of a variance on that certain property generally described as follows: Assessor's Parcel No. 8480-006-011, in the records of the Los Angeles County Assessor; and WHEREAS, t he P lanning C ommission, upon giving the required notice, did on the 13`h day of January, 2004, conduct a duly advertised public hearing as prescribed by law; and WHEREAS, studies and investigations made by this Commission and in its behalf reveal the following facts: 1. The applicant is requesting approval of a variance to encroach three feet, six inches into the required 12-foot, six-inch side yard setback to accommodate the construction of a 782-square foot garage. The proposed garage would replace an existing legal nonconforming 360-square foot open carport constructed in 1988. The applicant is also requesting approval of a tree removal permit, to remove three ash trees, located in the required setback area. 2. Appropriate findings for approval of a variance are as follows: a. That there are exceptional or extraordinary circumstances not applicable generally to the other property or class of use in the same vicinity and zone. b. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question. C. That granting such variance will not be materially detrimental to the public welfare or injurious to property or improvements in such vicinity and zone. in which property is located. d. That granting such variance shall be consistent with the adopted General Plan and any applicable Specific Plans. 3. Pursuant to requirements of the California Environmental Quality Act (CEQA) of 1970, this project is a Categorical Exemption, Class I (Section 15311: Accessory Structures), since the project consists of an application to legalize an existing accessory structure. Z:\Resos\2004 resos\04-4913 VAR 03-10 TRP 03-04 338 La Serena.doc Planning Commission Resolution No. • Variance No. 03-10 and Tree Removal Permit No. 03-04 04-4913 338 South La Serena Drive January 13, 2004 - Page 2 of 3 NOW, therefore, the Planning Commission of the City of West Covina does resolve as follows: 1. On basis of evidence presented, both oral and documentary, the Planning Commission makes the following findings: a. There are no exceptional or extraordinary circumstances not applicable generally to the other property or class of use in the same vicinity and zone. The subject property is not unusual in shape and the house is parallel to the property line. b. The subject property is similar in shape and character to the surrounding properties and is not exceptional. The requested variance is not necessary for the preservation and . enjoyment of a substantial property right possessed by other properties in the same vicinity and zone but which is denied to the property in question. 2. That pursuant to all'evidence presented, both oral and documentary, and further based on the findings above, Variance No. 03-06 and Tree Removal Permit No. 03-04 are denied subject to provisions of the West Covina Municipal Code. I I HEREBY CERTIFY foregoing Resolution was adopted by the Planning Commission of the City of West Covina, at a regular meeting held on the 13t' day of January 2004, by the following vote: AYES: Warshaw, Tarozzi, Lane NOES: York, Roe ABSENT: None DATE: January 13, 2004 EXPIRATION DATE: January 13, 2005 If not used. Corey farshaw, Chairman Planning Conunission Douglas . McIsaac, Secretary Plann# Commission ZAResos\2004 resos\04-4913 VAR 03-10 TRP 03-04 338 La Serena.doc Planning Commission Minutes ATTACH MERT 4 Page 5 — January 13, 2004 There was a discussion by the Commission regarding the architectural style of the home and the pitch of the roof. It was suggested that if the pitch of the roof were lowered, the home would not have as great an impact on the neighborhood. In addition, Commissioner Tarozzi asked if staff could review the landscaping plan. There was a discussion regarding changing the kitchen windows and removing the arched windows and replacing them with rectangular windows. It was the consensus of the Commission that the house generally fit the area. However, the Commission added conditions to lower the roof pitch from 6:12 to 5:12, eliminate the arched windows and require a landscaping plan for the exterior yards. Motion by Warshaw, seconded by Roe, to adopt findings as recommended by staff. Motion carried 5-0. Motion by Warshaw, seconded by Roe, to waive further reading of the body of the resolution and adopt Resolution No. 04-4912, approving Conditional Use Permit No. 03- 04. Motion carried 5-0. (4) VARIANCE NO. 03-10 TREE REMOVAL PERMIT NO. 03-04 CATEGORICAL EXEMPTION APPLICANT: Brian Scrivens LOCATION: 338 South La Serena. Drive REQUEST: The project consists of a request for a variance to reduce the required side yard setback from 12 feet, 6 inches to 9 feet for the purposes of accommodating the construction of a two -car garage. The applicant is also requesting approval for the removal of two ash trees in the street side yard in the location of the proposed garage. The project -is located in the "Single -Family Residential" (R-1) Zone. The staff report was presented by Planning Assistant Michael Hitz. Chairman Warshaw opened the public hearing. PROPONENT: Brian Scrivens addressed the Commission and stated that he was applying for the variance to avoid taking up too much of his backyard. In addition, he stated that the garage was being built to replace an unsightly carport currently located on the property. Further, Mr. Scrivens stated that his neighbors were in support of the variance and removal of the existing carport. OPPONENTS: No one addressed the Commission in opposition. Chairman Warshaw closed the public hearing. There was a discussion by the Commission regarding the requested variance. Chairman Warshaw and Commissioners Lane and Tarozzi stated that they didn't feel that any of the required findings for the granting of a variance had been proven. In addition, they felt that the proposed garage could be built smaller than proposed to minimize the impact on the backyard. k' Commissioners Roe and York stated that the proposed garage would be an improvement over the existing carport. In addition, since none of the neighbors were opposed, they were in support of this request. ZAPLANCOMWIINUTES\2004 MINUTESA 13 04 reg mtg minutes.doc Planning Commission Minutes Page 6 — January 13, 2004 ! -. Motion by Lane, seconded by Tarozzi, to adopt findings as recommended by staff. Motion carried 3-2 (York, Roe). Motion by Lane, seconded by Tarozzi, to waive further reading of the :body of the resolution and adopt Resolution No. 04-4913, denying Variance No. 03-10 and Tree Removal Permit No. 03-04. Motion carried 3-2 (York, Roe). Chairman Warshaw stated that this action was final unless appealed to the City Council within ten days. (5) CODE AMENDMENT NO.03-05 GENERAL EXEMPTION APPLICANT: City of West Covina LOCATION: Citywide REQUEST: The proposed code amendment consists of certain amendments to Chapter 26 (Zoning) of the West Covina Municipal Code amending regulations regarding the restriction of the use of a motor home or trailer as living quarters in single-family residential zones. Motion by York, seconded by Warshaw to continue this matter to January 20, 2004. Motion carried 5-0. D. NON -HEARING ITEMS None E. OTHER MATTERS, OR ORAL COMMUNICATIONS This is the time when any member of the public may bring a matter to the attention of the Commission that is within the scope of duties assigned to the Commission. The Ralph M. Brown Act limits the Planning Commission and staff s ability to respond to comments on non-agendized matters at the time such comments are made. Thus, your comments may be agendized for a future meeting or referred to staff. The Commission may discuss or ask questions for clarification, if desired, at this time. None F. COMMISSION REPORTS/COMMENTS AND MISCELLANEOUS ITEMS This is the time when any member of the Commission may bring a matter to the attention of the full Commission that is within the scope of duties assigned to the Commission. Any item that was considered during the public hearing portion is not appropriate for. discussion in this section of the agenda. NO COMMISSION ACTION CAN BE TAKEN AT THIS TIME. If the Commission desires to discuss an issue raised by a resident or take an action, the Commission may vote to agendize the matter for the next meeting. The Commission may discuss or ask questions for clarification, if desired, at this time. Commissioner York requested that a study session on street improvement fees be held in the near future. Chairman Warshaw stated that he would be attending the League of California Cities Planners Institute. Chairman Warshaw also stated he would like to discuss Commissioner Tarozzi's idea for a community committee to help residents with property clean up and maintenance. ZAPLANCOMNINUTES\2004 MINUTESU 13 04 reg mtg minutes.doc 910 Calle Carrillo San Dimas, Ca. 91773 909 592-8733 CityGIS 2 - Print Scale: 1" = 100 ' Variance No. 03-10 and Tree Removal Permit No. 03-04 N cityGis2 338 S. La Serena Drive --Brian and Nancy Scrivens i n K M9 z http://maps.digitalmapcentral.com/CityGIS2/print/print.html 01/21/2004 RECEIVED JAN 1 :5 2004 CITY CLERK'S OFFICE January 14, 2004 CITY OF WEST COVINA City Clerk City of West Covina 12S On evening, January 13, 2004 the Planning Commission voted 3-2 to deny our request for a variance. Variance No. 03-10 and tree removal permit no. 03-04 for 338 South La Serena. We would like to appeal that decision to the City Council. Sincerely, (�' (D 11A� Brian D. Scrivens 910 Calle Carrillo San Dimas, Ca. 91773 909 592-8733 d Y A , s4alu) Nancy M. vens .� z/ ' _-_ -_--_ • 41 g -S tl.�.'� ;�3! r � , �;� ;..# •LS�a: � •a _d�} � � p ,� + + ` r �f' �� w tit3+t1". F �`I � � v. `:�•' z� ' �� � Its !_ ,� w .y , CITY OF WEST COVINA MISCELLANEOUS CASH RECE, � s i;'If?„R A,I'ji:I}M, ii i30 J.i l 1 j'f DATE NOT A RECEIPT UNLESS MACHINE VALIDATED"++ABOVE!: Issued By: Department, = .. r; } fr The Sum of Purpose of t . r t. - y f, t� 110 310 GENERAL FUND AMOUNT 120 310 BKK LICENSE FUND AMOUNT Franchise 0000 4120 Business License 0000 414 B. 1. T. 0000 415 Dog Licenses 0000 4210 Other Permits 0000 4290 Other Court Fines 0000 4320 Interest 0000 4410 Rents 0000 4430 Filing Fees 0000 4612 Plari Check 0000 4,614 Search Fees 0000 4616 Returned Check Fee 0000 4638 Miscellaneous 0000 4830 Sale of Codes, Maps 0000 4813 "J li Jam, 110 320 POLICE SERVICES 2110 5113 0000 4140 0000 123 310 TRAFFIC SAFETY FUND 0000 4310 0000 137 310 EMERGENCY SERVICES 0000 4555 0000 340 310 WATER FUND 0000 4641 0000 57 310 E.S.G.V.C. 55n nFPnSIT TRUST GL NO. ACCT. DESCRIPTION DEPOSIT IN NAME OF PURPOSE AMOUNT 240 Miscellaneous 241 E.I.R. 249 Donations DISTRIBUTION OF COPIES: WHITE - PAY.OR'S RECEIPT PINK - NUMERICALFILE COPY YELLOW - FINANCE GOLDENROD - OFFICE COPY 1 I NOTICE OF PUBLIC HEARING WEST COA CITY OF WEST COVINA CITY COUNCIL PURSUANT TO THE LAW AND IN CONFORMANCE WITH THE MUNICIPAL CODE YOU ARE HEREBY NOTIFIED OF A PUBLIC HEARING OF THE CITY OF WEST COVINA CITY COUNCIL. APPEAL OF VARIANCE NO.03-10 APPEAL OF TREE REMOVAL PERMIT 03-04 CATEGORICAL EXEMPTION APPLICANT: Brian Scrivens LOCATION: 338 La Serena Drive REQUEST: The project consists of an appeal of the Planning Commission decision to deny a variance request to vary from required development standards for side setback. The required street side yard setback is twelve feet six -inches. The applicant is requesting a nine -foot side yard setback for the construction of a two -car garage. The applicant is also requesting approval for the removal of two ash trees in the street side yard in the location of the proposed garage. The project is located in the "Single Family Residential" (R-1) Zone. Pursuant to the California Environmental Quality Act (CEQA), the proposed project is considered to be categorically exempt (Class 11, Accessory Structures) in that it consists of minor alterations of the existing single-family use. THE PUBLIC HEARING WILL BE HELD: PLACE: West Covina City Hall 1444 West Garvey Avenue South City Council Chambers - Level One DATE: February 3, 2004 TEVIE: 7:00 p.m. If you have any questions, we urge youtocontact Mike Hitz at (626) 939-8765 or Room 208, at City Hall. r / E VIRGINIAAVE 247 3033 248 240. 3038 31D31 3202 2212 3222 107 2915 2923 3027 3130 3142 3160 3160 '2931 2937 2949 3034 3130 3131 - I 300�3013 3021 E MESA DR 3200 312 3110 12 314E 908 291 22024 2932 2938 2950 32D 310 - 3012 3020 322 3203 3207 328 329 330 3157 ! 3211 3013 3023 3033 �'--- 33B 93301 SUb CCt Site 3126 3133 3141 9149%� 7--�\ 32021� ��'i210 E SUNSET FALL DR S 3150 3004 3010 41D 415 414 +, �1 31 110 3122 417 m 3104 3110 --�� 417 i 420 418 421 420 426 600 428 501 429 ! 303 307 311 315 $19 30 420 426 425 rj / �_ 500 431 43"2 509 25 46 1 I 433 3131 3 337 3140 10 517 I 3203 L__L---1111 11, . j Scale: 1" = 250 Only through citizen participation can your government build a better City. T I N Date Published: January 22, 2004 BY ORDER OF THE CITY COUNCIL OF THE CITY OF WEST COVINA Z:\Case FilesWARIANCE\2003\VAR 03-10 338 La Serna\CC\notice of hearing 2 03 04.doc tapace oeiow Tor use ui a.ounry %,ierK onryl 0 SAN GABRIEL VALLEY TRIBUNE affiliated with SGV Newspaper Group 1210 N. Azusa Canyon Road West Covina, CA 91790 13z19`�; 04 JAN 27 PM 3: 48 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Los Angeles I am a citizen of the United States, and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of SAN GABRIEL VALLEY TRIBUNE, a newspaper of general circulation which has been adjudicated as a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, on the date of September 10, 1957, Case Number 684891. The notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 1/22/04 I declare under penalty of perjury that the foregoing is true and correct. Executed at West Covina, LA Co. California this 22 day of JANUARY , 20 04 signature i 31 Proof of Publication of NOTICE OF PUBLIC HEARING CITY OF WEST COVINA CITY COUNCIL. PURSUANT TO THE LAW AND IN CONFORMANCE WITH, THE . MUNICIPAL CODE YOU ARE HEREBY NOTIFIED OF A PUBLIC HEARING OF THE CITY OF WEST COVINA CITY COUNCIL APPEAL OF VARIANCE NO. 03-10 APPEAL OF TREE REMOVAL PERMIT 03-04 CATEGORICAL EXEMPTION APPLICANT: Brian Scrivens LOCATION: 338 La Serena Drive REQUEST: The project consists of an appeal of the Planning Commission decision to deny a variance from required development standards for side setback. The required street side yard, setback is twelve feet six -inches., The applicant is also requesting -approval for the "removal of two ash trees in the street side yard in the location of the proposed garage. The project is located in the "Single Family Residential" (R-1) Zone. Pursuant to the California Environmental Quality Act (CEQA), the proposed project is considered to be categorically exempt (Class 11, Accessory Structures) in that it consists of minor alterations of the existing single-family use. THE PUBLIC' HEARING WILL BE HELD: PLACE: West Covina City Hall 1444 West Garvey Avenue South City Council Chambers Level One DATE (.February 3, 2004 I TIME 7:00 p.m: i If you have any questions,, we urge you to contact Mike Hitz at (626) 939-'8762 or Room 208 at City Hall. Publish: January 22, 2004 I San Gabriel Valley Tribune Ad No. 105787 1 i Smooth Feed SheetsTM • 8480-006-008 FORTICH, MIRASOL S. 312 S. LA SERENA DR WEST COVINA, CA 91791 [1] 8480-006-009 FREANTAFELLES TRS 322 S. LA SERENA DR WEST COVINA, CA 91791 9480-006-011 [41 SCRIVENS, BRIAN D. AND NANCY M. 910 CALLE CARRILLO SAN DIMAS, CA 91773 8480-006-014 [71 VISOSKY FAMILY TRS . 3110 E. VIRGINIA AVE WEST COVINA, CA 91791 8480-006-032 1101 LAL KIEN AND MY TIEN 3128 E. VIRGINIA AVE WEST COVINA.-CA 91791 Use template for 51600 [21 8480-006-010 [3l MANCILLAS, PAUL J. AND ELSA E. 330 S. LA SERENA DR WEST COVINA, CA 91791 8480-006-012 151 , 1, 8480-006-013 16] MORA, ERNESTO AND NOEMI B. WALLACE, FREDRICK L. AND DONNA R. 3103 E. SUNSET HILL DR 3111 E. SUNSET HILL DR WEST COVINA, CA 91791 j j WEST COVINA, CA 91791 ' I Ali 9480-006-019 [81 8480-006-020 [9] COLWELL GERALD T. AND MAUREEN T. FRIEDMAN, MARK AND ROCHELLE L. 3117 E. SUNSET HILL DR 3125 E. SUNSET HILL DR WEST COVINA, CA 91791 ! WEST COVINA, CA 91791 8480-007-010 [l 11 8480-007-011 [121 FLORES, JAIME AND ELVIRA CHAVEZ, ANTHONY AND DIANE L. 3757 PRIMAVERA AVE 329 S. LA SERENA DR LOS ANGELES, CA 90065 WEST COVINA, CA 91791 9480-007-012 [13] 8480-007-013 ANISTA SUBA, MARY L. TRS TSAI, CHING P. AND MEI P.O. BOX 2536 3020 E. LA MESA DR RAMONA, CA 92065 WEST COVINA, CA 91791 8480-007-019 1161 8480-011-025 JEROME AND MARY BROWN TRS DAN AND MARY OKI TRS 3023 E. SUNSET HILL DR 420 S. BARANCA ST WEST COVINA, CA 91791 WEST COVINA, CA 91791 8480-011-034 EY, LENA M. 418 S. LA SERENA DR WEST COVINA, CA 91791 8480-011-040 MATTIER TRS 417 S. LA SERENA DR WEST COVINA, CA 91791 8480-012-029 BRUNEIO, PAUL AND ELLEN M. 510 S. PROSPERO DR WEST COVINA, CA 91791 8480-012-032 VANDENBELT FAMILY TRS 3116 E. SUNSET HILL DR WEST COVINA CA 91791 [14] 8480-007-018 [151 1191 8480-011-035 1201 8480-011-039 [211 NORMA G. KRINEY TRS CASTORENA, JOSEPH A. AND DEANNE A. 426 S. LA SERENA DR j 425 S. LA SERENA DR WEST COVINA, CA 91791 WEST COVINA.. CA 91791 jl [221 8480-011-041 1231 1 ' 8480-011-043 [24] NEILSEN, LYLE A. AND KIMBERLY A. KA HO LEUNG AND SING LEUNG LAW 409 S. LA SERENA DR I 3010 E. SUNSET HILL DR WEST COVINA, CA 91791 WEST COVINA, CA 91791 [25] 8480-012-030 [26] 8480-012-031 1271 CHENG, ANN W. CLAYTON, MARIAN HWANG TRS 3104 E. SUNSET HILL DR 3110 E. SUNSET HILL DR WEST COVINA, CA 91791 WEST COVINA, CA 91791 [28] 8480-012-033 [29] 8480-012-034 130] ROBINSON, ROLAND E. NAD ALICIA DAVID AND MARY WALESIAK TRS 3122 E. SUNSET HILL DR 500 S. PROSPERO DR WEST COVINA, CA 91791 WEST COVINA- CA 91791 ' 17} AVEM10 Address Labels Laser 6241TM ' Smooth Feed SheetsTM Use template for 5160U SCRIVENS, BRIAN D.-AND NANCY M. SZETO + ASSOCIATES 910 CALLE CARRILLO 2714 STINGLE AVE SAN DIMAS, CA 91773 ROSEMEAD, CA91770 OCCUPANTS LIST 8480-006-011 [4.1] 8480-007-010 [] 1.1] 8480-007-012 [13.1] CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 338 S. LA SERENA DR 3033 E. SUNSET HILL DR 319 S. LA SERENA DR WEST COVINA, CA 91791 WEST COVINA_ CA 91791 WEST COVINA, CA 91791 8480-007-018 [15.1] CURRENT RESIDENT 3013 E. SUNSET HILL DR WEST COVINA, CA 91791 SCRIVENS, BRIAN D. AND NANCY M 910 CALLE CARRILLO SAN DIMAS. CA 91773 SCRIVENS. BRIAN D. AND NANCY M. 910 CALLE CARRILLO SAN DIMAS, CA 91773 SCRIVENS, BRIAN D. AND NANCY M 910 CALLE CARRILLO SAN DIMAS, CA 91773 SCRIVENS. BRIAN D. AND'NANCY M 910 CALLE CARRILLO SAN DIMAS, CA 91773 SCRIVENS, BRIAN D. AND NANCY M. 910 CALLE CARRILLO SAN DIMAS.. CA 91773 SCRIVENS. BRIAN D. AND NANCY M. 910 CALLE CARRILLO SAN DIMAS, CA 91773 Laser 6241T"'