Resolution - 8394RESOLUTION NO.8394
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, SETTING
• ASIDE THE DECISION OF THE PLANNING COMMISSION
AND APPROVING UNCLASSIFIED USE PERMIT NO. 393
FOR A DETACHED SECOND -FAMILY UNIT ON A
SINGLE-FAMILY LOT. (JOSEPH GIBAS)
WHEREAS, there was filed with the City of West Covina a
verified application on the forms prescribed in Chapter 26,
Article VI, of the West Covina Municipal Code, requesting
approval of an unclassified use permit, to permit the following
use:
A detached second -family unit on a single-family lot
on that certain property described as follows:
The northeast 85 feet of the southwest 610 feet of the
northwesterly 250 feet of lot 88 of E. J. Baldwin's Second
Subdivision of a portion of the Rancho La Puente, in the
City of West Covina, as per map recorded in Book 7, Page 7
of Maps, in the office of the County Recorder of said
County; and
WHEREAS, a hearing on said application was duly noticed
and conducted by the Planning Commission on August 2, 1989, at
which time the application was denied, and;
WHEREAS, the action of the Planning Commission was
appealed by the applicant after proper legal notice to the
August 28, 1989, City Council meeting for hearing and
consideration, and;
WHEREAS, studies and investigations made by the City
Council and in its behalf reveal the following facts:
1. The applicant is requesting approval of an unclassified
use permit for a detached second -family unit on a
single-family lot at the above location in the
Single -Family (R-1), Area District I Zone.
2. The second unit, consisting of 1,200 square feet of
dwelling area and an attached two -car garage, is proposed
to be located in front of the existing dwelling unit, 25
feet from the front property line.
3. The proposal meets or exceeds all the requirements of
Chapter 26, Article XII, Division 11 of the West Covina
Municipal Code (second -family units) and the R-1, Area
District I Zone.
4. Appropriate findings for approval of an unclassified use
permit are as follows:
a. The proposed use at the particular location is
• necessary or desirable to provide a service or
facility which will contribute to the general well
being of the neighborhood or community.
b. Such use will not, under the circumstances of the
particular case, be detrimental to the health,
safety, peace or general welfare of persons residing
or working in the vicinity or injurious to property
or improvements in the vicinity.
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C. The site for the proposed use is adequate in size and
is so shaped as to accommodate said use, as well as,
all yards, spaces, walls, fences, parking, loading,
landscaping, and any other features necessary to
adjust said use with the land and uses in the
neighborhood and make it compatible thereto.
d. The site abuts streets and highways adequate in width
and improvements to carry traffic generations typical
of the proposed uses and that street patterns of such
a nature exist as to guarantee that such generations
will not be channeled through residential areas on
local residential streets.
e. The granting of such unclassified use permit will not
adversely affect the General Plan of the City, or any
other adopted plan of the City.
5. This project is Categorically Exempt, Class 3, in that it
involves the construction of a detached single-family
residence (second -unit) not in conjunction with the
building of two or more such units.
NOW, THEREFORE, the City Council of the City of West
Covina does resolve as follows:
1. On the basis of the evidence presented, both oral and
documentary, the City Council makes the following findings
for approval of an unclassified use permit:
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a. As declared by the California State Legislature,
second units are necessary and desirable by:
i. Providing a cost-effective means of serving
development through the use of existing
infrastructures, as contrasted to requiring the
construction of new costly infrastructure to
serve development in undeveloped areas.
ii. Providing relatively affordable housing for low -
and moderate -income households without public
subsidy.
iii. Providing a means for purchasers of new or
existing homes, or both, to meet payments on
high -interest loans.
iv. Providing security for homeowners who fear both
criminal intrusion and personal accidents while
alone.
b. The proposed second unit will not be detrimental to
the health, safety, peace or general welfare of
persons residing or workingin the vicinity or
injurious to property or improvements in the vicinity
since this project, located in a residential area,
abides by all regulations of the R-1 Zone.
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UUP/393/CC - Joseph Gibas - Page 3 of 6
C. Being under the maximum 35 percent building coverage
allowed by Section 26-411, the site is adequate in
• size and so shaped as to accommodate a second unit.
d. The site fronts on Willow Avenue, a collector street,
in close proximity to Pacific Avenue, which is a
minor arterial that turns into West Covina Parkway, a
principal arterial, and provides direct access to the
San Bernardino Freeway. Traffic generated by this
project would not be channeled through other
residential areas.
e. Section 65852.2 of the California Government Code
declares that a second residential unit shall not be
considered to exceed the allowable density for the
lot upon which it is located and shall be deemed to
be consistent with the existing General Plan and
zoning designations for the lot. .
2. That pursuant to all of the evidence presented, both oral
and documentary, and further based on the findings above,
Unclassified Use Permit No. 393 is approved subject to the
provisions of the West Covina Municipal Code, provided
that the physical development of the herein described
property shall conform to said unclassified use permit and
the 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 the use or
occupancy of the property is commenced and before a
Certificate of Occupancy is issued, and the violation of
any of which shall be grounds for revocation of said
Unclassified Use Permit by the Planning Commission or City
Council.
The Unclassified Use Permit shall not be effective for any
purpose until the owner of the property involved (or his
duly authorized representative) has filed at the office of
the Planning Director his affidavit stating he is aware
of, and accepts, all conditions of this Unclassified Use
Permit as set forth below.
That the approval of the Unclassified Use Permit is
subject to the following conditions:
a. Comply with Study Plan "A", dated August 2, 1989.
b. Comply with Exhibit 1 (elevations and floor plan),
dated August 2, 1989..
C. The second unit may be rented but shall not be sold
except in conjunction with the entire lot and the
first unit.
d. The unclassified use permit for a second unit shall
• become null and void upon transfer of ownership of
the subject property before the unclassified use
permit vests.
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Res. No. 8394
UUP/393/CC - Joseph Gibas - Page 4 of 6
e. Chapter 7 of the Municipal Code and all applicable
building codes adopted by the City of West Covina
• which apply to additions and construction of
single-family dwellings shall apply to second units.
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f. Adequate water and sewer services shall be available
or supplied by the applicant of the unclassified use
permit for a second unit.
g. Establishment of the second unit shall not impact
traffic flow in the vicinity.
h. Letting of rooms as permitted in Section 26-673(c) of
the West Covina Municipal Code is prohibited in both
units on this second -unit lot.
i. A park fee shall be paid to the City of West Covina
prior to issuance of building permits, pursuant to
Section 26-204 of the Municipal Code.
j. Engineering Department Requirements:
i. Comply with all conditions contained in Planning
Resolution No. 567.
ii. Sidewalks, five feet wide shall be constructed
along Willow Avenue.
iii. Adequate provision shall be made for acceptance
and disposal of surface drainage entering the
property from adjacent area.
iv. Parking lot and driveway improvements on private
property shall comply with Planning Commission
Resolution No. 2513 and be constructed to the
City of West Covina Standards.
V. Water service facilities shall be constructed to
at least meet the requirements for fire flow
established by the City's Fire Department and the
requirements of the subsequent water purveyor/
owner of the facilities.
vi. Prior to issuance of a Building Permit, all of
the following requirements shall be satisfied:
a. A final grading and drainage plan
showing existing and proposed
elevations and drainage structures and
showing existing and proposed on -site and
off -site improvements shall be submitted to
and approved by the Planning, Building and
Engineering Departments.
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Res. No. 8394
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b. Arrangements for the installation of street
lights with underground wiring shall be
• made with Southern California Edison
Company. At the time of installation, the
applicant shall provide the necessary
trenching and backfill. Submit two (2)
sets of the subdivision and/or development
plan to the Engineering Department, Traffic
and Lighting Section, to be used for
designing the street lighting system.
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C. An itemized cost estimate for all on -site
and off -site improvements to be
constructed, except buildings, shall be
submitted to the Engineering Department for
approval. Based upon the approved cost
estimates, required fees shall be paid and
improvement securities for all on -site and
off -site improvements, except buildings,
and 100% labor/material securities for all
off -site improvements, shall be posted
prior to final approval of the plans.
k. Building Department Requirements
a. Comply with all requirements of the following
Codes of the City and State:
i. 1985 Uniform Building Code
ii. 1985 Uniform Plumbing Code
iii. 1985 Uniform Mechanical Code
iv. 1987 National Electric Code
V. Title 24 State of California
Energy/Insulation Regulations and
Handicapped Persons Standards.
vi. West Covina Security Ordinance
1. Fire Department Requirements:
No requirements.
M. Police Department Requirements:
No requirements.
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5. The City Clerk shall certify to the adoption of this
Resolution.
ADOPTED AND APPROVED -this 28th day of August, 1989.
ATTEST:
City Clerk- V
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 held on the 28th day
of August, 1989, by the following vote:
AYES: Councilmembers: Tarozzi, 11cFadden, Manners, Lewis, Bacon
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED AS TO FORM:
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