Resolution - 2017-44RESOLUTION NO. 2 0 1 7-4 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE
PLANNING COMMISSION AND APPROVING VARIANCE NO. 13-05
ON APPEAL OF PLANNING COMMISSION ACTION
VARIANCE NO. 13-05
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: Peter Young
LOCATION: 3501 E. Cameron Avenue (APN 8277-047-005)
WHEREAS, there was filed with this City a verified application on the forms prescribed in
Chapter 26, Article VI of the West Covina Municipal Code, requesting approval of a variance for
A reduction in lot width requirements and side yard setbacks
on that certain property generally described as follows:
Assessor Parcel No. 8277-047-005, as shown on the latest rolls of the Los
Angeles County Tax Assessor; and
WHEREAS, concurrent with this application a variance has been requested to allow the
creation of parcels that vary from the requirements of the Municipal Code with relation to lot
width; and
WHEREAS, the Planning Commission did on the 28 th day of February, 2017, conduct a
duly advertised public hearing to consider the subject application, at which time the Planning
Commission adopted Resolution Nos. 17-5847, 17-5848 and 17-5849 approving the tentative
parcel map, mitigated negative declaration and variance; and
WHEREAS, on March 9, 2017 an appeal of the Planning Commission action was filed by
P.K. Schrieffer LLP; and
WHEREAS, the City Council, upon giving the required notice, did on the 20 th day of June,
2017 conduct a duly advertised public hearing as prescribed by law, and considered evidence
presented by the Planning Commission, Planning Department, State of California Department of
Fish and Wildlife, and other interested parties.
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
ZAReso1utions12017WAR Reso.Final.doc
Resolution No. 2017-44
Variance No. 13-05
June 20, 2017 - Page 2
1. The Zoning Code requires a minimum lot width of 110 feet. Lot 1 proposes a lot width
of 78.33 feet, and Lot 2 a lot width of 99 feet.
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 the requirements of the California Environmental Quality Act (CEQA) of
1970, a MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
has been prepared indicating that although the project could have a significant effect on
the environment, there will not be a significant effect due to mitigating measures.
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 fmdings:
a. The two proposed lots do not comply with the minimum width standards (110
feet) of the Municipal Code for lots located in Area District IV of the "Single-
Family Residential" (R-1) Zone. The lots comply with the minimum lot size
standard of 20,000 square feet for lots located in Area District IV. The lot is
currently oversized and substandard with a lot width of approximately 99 feet.
The proposed subdivision will consists of lot widths of 78.33 for Parcel 1 and 99
for Parcel 2. The applicant is therefore requesting a variance from lot width
standards of 31.67 feet for lot 1 and 11 feet for lot 2 where a 110-foot lot width is
required.
Due to the required 20-foot access strip for Parcel 2 to take ingress and egress
from Cameron Avenue, the east property line for Parcel 1 has been relocated.
Subsequently, the existing 2,490-square foot single-family residence will not meet
the required side yard setback of ten feet (the northeast corner of the house will be
six feet from the east side property line, while the southeast corner of the house
will be three feet, eight inches from the east side property line). The property is
Reso!ution No. 2017-44
Variance No. 13-05
June 20, 2017- Page 3
adjacent to a private street, Quail Valley Lane, which presents an exceptional
circumstance not applicable generally to the other properties in the same vicinity
and zone. If the property was adjacent to a public street, Parcel 2 would not
require a variance from lot width standards or side yard setback standards for
Parcel 1. Parcel 1 would need a variance form lot width standards due to the
existing non-conforming lot width of 99 feet.
b. The proposed Jot width will allow the development to be constructed in
compliance with the required lot sizes and preserve the enjoyment of substantial
property rights possessed by other property in the same vicinity and zone.
c. The project has been designed in accordance with the requirements of the Public
Works Department and Fire Department and is not expected to endanger the
public peace, health, safety or general welfare. The project is not expected to
adversely affect property or improvements in the project vicinity.
d. The approved project with two single-family residential lots is consistent with the
site's proposed General Plan designation of "Neighborhood Low".
2. That pursuant to all evidence presented, both oral and documentary, and further based on the
findings above, Variance No. 13-05 is approved subject to provisions of the West Covina
Municipal Code, provided physical development of the herein described property shall
conform to said plan and conditions set forth herein which, except as otherwise expressly
indicated, shall be fully performed and completed or shall be secured by bank or cash
deposit satisfactory to the Planning Director, before use or occupancy of the property is
commenced and before the Certificate of Occupancy is issued.
3. That the variance shall not be effective for any purpose until the owner of the property
involved (or a duly authorized representative) has filed at the office of the Planning
Department his affidavit stating he is aware of, and accepts, all conditions of this variance
as set forth below. Additionally, no permits shall be issued until the owner of the
property involved (or a duly authorized representative) pays all costs associated with
processing this application pursuant to City Council Resolution No. 8690.
4. Costs and expenses of enforcement activities, including, but not limited to attorneys'
fees, caused by applicant violation of any condition imposed by this approval or any
provision of the West Covina Municipal Code shall be paid by applicant.
5. That pursuant to all evidence presented, both oral and documentary, and further based on the
findings above, Variance No. 13-05 is approved as follows, subject to the following
conditions:
a. Comply with plans reviewed by the City Council on June 20, 2017.
b. Comply with all other sections of the Municipal Code.
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Resolution No. 2017-44
Variance No. 13-05
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C. The variance is for a reduction in side yard setback from required dimension of 10
feet to 6 feet in one location, and 3 feet, eight inches in another location.
d. The variance is for a reduction in lot width as indicated below.
1. Lot 1 is approved for a reduction from a required lot width 110 feet to a width of
78.33 feet.
2. Lot 2 from a required lot width of 110 feet to a width of 99 feet.
C. The approval of the variance is to deviate from listed development standards only
to the extent indicated herein and as further reflected on approved plans and no
further. Further and/or additional deviations from stated development standards
may only be approved by means of a separate variance.
f. The applicant shall meet any and all monitoring or reporting requirements
necessary to ensure compliance with the mitigation measures contained in the
Mitigated Negative Declaration of Environmental Impact as those may be
determined by the City, including, but not limited to, entering into an agreement
to perform and/or for monitoring and reporting during project construction and
implementation. The applicant further agrees it will cease construction of the
project immediately upon written notice of a violation of such requirement and
that such a provision may be part of any agreement of City and applicant.
g. Comply with the mitigation measures as outlined in the Initial Study/Environmental
Assessment dated January 2017.
PASSED, APPROVED, AND ADOPTED this 20111 day of June, 2017.
APPROVED AS TO FORM: ATTEST:
AYES:
NOES:
ABSENT:
ABSTAIN:
Johnson, Spence, Toma, Warshaw
None
None
Wu
Resolution No. 2017-44
Variance No. 13-05
June 20,2017 - Page 5
I, 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 on the 20 th day of
June, 2017 by the following vote of the City Council: