Resolution - 2005-2RESOLUTION NO.2005-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, DENYING VARIANCE NO. 04-06 ON APPEAL
OF PLANNING COMMISSION DECISION
•VARIANCE NO. 04-06
CATEGORICAL EXEMPTION
APPLICANT: Mimi McKenzie
LOCATION: 226 & 234 Monte Verde Drive
WHEREAS, there was filed with this Council a verified application on forms prescribed
in Chapter 26, Article VI of the West Covina Municipal Code, a request for approval of a
variance to:
Reduce the size of two lots to 11,580 square feet where the minimum lot size is 20,000
square feet
on that certain property generally described as follows:
Assessor's Parcel Nos. 8277-002-021 and 8277-002-044, in the records of the Los
Angeles County Assessor; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 14`h day
of December, 2004, conduct a duly advertised public hearing as prescribed by law to consider said
application; and
WHEREAS, the Planning Commission did adopt Resolution No. 04-4991 denying the
application; and
WHEREAS, on December 21, 2004, an appeal of the Planning Commission's denial was
requested by the applicant; and
WHEREAS, the City Council did, on the 18th day of March, 2004, conduct a duly
advertised public hearing as prescribed by law, and considered evidence presented by the
Planning Commission, Planning Department, and other interested parties; and
WHEREAS, studies and investigations made by the City Council and in its behalf reveal the
following facts:
The project consists of a request for the approval of a tentative parcel map to subdivide
one 39,550-square foot lot and one 34,220-square foot lot (owned by the same property
owner) into four single-family lots as follows: Parcel 1 (31,212 sq. ft.), Parcel 2 (22,581
sq. ft.), Parcel 3 (11,580 sq. ft.), and Parcel 4 (11,580 sq. ft.). The applicant is also
requesting a variance (for Parcel 3 & 4) to allow a reduction in the required lot size. The
project is located in the "Residential Agricultural" (R-A) Zone, Area District IV which
requires a minimum lot area of 20,000 square feet.
2. Findings necessary for approval of a variance:
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.
City Council Resolution No. 2005-2
Tentative Parcel Map No. 60602
226 & 234 S. Monte Verde Street
January 18, 2005 - Page 2
d. That granting such variance shall be consistent with the adopted General Plan and
any applicable Specific Plans.
3. Pursuant to the California Environmental Quality Act (CEQA), the proposed project is
considered to be categorically exempt (Class 15, Section 15315) in that it consists of a
• subdivision and variance of a certain property in an urban area into four parcels.
NOW, THEREFORE, the City Council of the City of West Covina does resolve as follows:
1. On basis of evidence presented, both oral and documentary, the City Council makes
the following findings:
a. The site is not exceptional or extraordinary in that the proposed lot sizes would
be significantly smaller than surrounding lots in the area. In addition, the
proposed subdivision would reduce the amount of equestrian -zoned property
and be incompatible with equestrian uses. The substandard lot configuration
will result in a disjointed, unintegrated pattern of development that will also
create an unharmonious pattern of development.
b. The owner is not denied substantial property rights since the property may be
subdivided and enjoyed as a three lot residential subdivision, the same as
other lots in the same zone.
c. There are no special or unique circumstances of the property such as size
shape or topography which impose a hardship on the owner. The property
may subdivided into three lots in the same manner as other properties in the
same area and zone classification.
d. The granting of the Variance would be inconsistent with the General Plan
designation of Very Low Density.
2. That pursuant to all evidence presented, both oral and documentary, and further
based on the findings above, Variance No. 04-06 is denied subject to provisions of
the West Covina Municipal Code.
PASSED AND APPROVED on this 18`h day of January, 2005.
Mayor Michael L. Miller
ATTEST:
Deputy City Clerk Susan Rush
I, SUSAN RUSH, -DEPUTY CITY CLERK of the City of West Covina, California, do hereby
certify that the foregoing resolution was duly adopted by the City Council of the City of West
Covina, California, at a regular meeting thereof held on the 18`h day of January, 2005, by the
following vote of the City Council:
AYES: Herfert, Sanderson, Wong, Miller
NOES: Hernandez
ABSENT: None
ABSTAIN: None
Deputy City Clerk Susan Rush
APPROVED AS TO FORM:
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City Attorney A mold Alvarez-Glasman