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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. 4,0 Resolution No. 2017-44 Variance No. 13-05 June 20, 2017 - Page 4 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: