04-06-2021 - AGENDA ITEM 12 CONSIDERATION OF APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT (CUP) NO. 20-07, SLIGHT MODIFICATION NO. 20-01 AND SUBCOMMITTEAGENDA ITEM NO. 12
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: April 6, 2021
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF
CONDITIONAL USE PERMIT (CUP) NO.20-07, SLIGHT MODIFICATION NO.20-01
AND SUBCOMMITTEE FOR DESIGN REVIEW NO. 20-36 AT 1208 S. HOLLENCREST
DRIVE.
RECOMMENDATION:
It is recommended that the City Council conduct a public hearing and thereafter adopt the following
Resolutions:
RESOLUTION NO.2021-21:A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION
AND APPROVING CONDITIONAL USE PERMIT NO.20-07 AND SUBCOMMITTEE FOR
DESIGN REVIEW NO.20-36 AT 1208 S. HOLLENCREST DRIVE
RESOLUTION NO.2021-22:A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION
AND APPROVING SLIGHT MODIFICATION NO.20-01 AT 1208 S. HOLLENCREST DRIVE
BACKGROUND:
REQUEST
The applicant, Gerardo Limon, submitted an application for Conditional Use Permit No. 20-07, Slight
Modification No. 20-01, and Subcommittee for Design Review No. 20-36 at 1208 S. Hollencrest Drive to
allow for the construction of a 1,644-square foot second -story addition, a 654-square foot single -story
addition, 952-square foot 3-car garage to replace the existing 2-car garage, and a 520-square foot balcony to
the existing 4,344-square foot two-story single-family residence. The proposed house will have a total floor
area of 7,160-square feet, exceeding the 5,000 square feet maximum unit size administrative use
permit threshold. The Slight Modification allows for the proposed addition to exceed the maximum 25-foot
building height by 2 feet in order to be consistent with the height of the existing two-story residence.
PLANNING COMMISSION DECISION
On February 23, 2021, the Planning Commission held a continued public hearing to consider the request and
voted 4-1 to approve the project (Commissioner Williams with the dissenting vote) with an added condition of
approval to frost the bathroom window located on the southwest side of the proposed second -floor addition.
street and the addition would not be readily visible from pedestrians and vehicles
passing by (on Hollencrest Drive), while the neighboring home directly to the
east is located on a higher elevation with hill side views directed north, the
neighboring property directly south is the Suburban Water company property.
Distant uphill views of the addition from lower streets are expected for hillside
properties.
C. The existing house is accessible from an existing driveway on Hollencrest
Drive and the addition will not negatively impact circulation or safety for
pedestrians and vehicles. The subject property is developed with setbacks greater
than or equal to the minimum required by the Municipal Code. The proposed
house with additions does not have any effect on the convenience and safety of
circulation for pedestrians or vehicles in that it will not result in any visual
obstructions adjacent to a right-of-way that would affect convenience and safety
of circulation for pedestrians and vehicles.
d. The lot is adequately served by existing infrastructure (streets, sewer, water, etc.).
The proposed additions are not anticipated to require additional infrastructure or
services beyond that provided for the existing residences nearby. Therefore, the
development can be adequately served by existing infrastructure and services.
e. The design of the house has given consideration to the privacy of the surrounding
properties in that the area. The area consists of both single -story and second -story
homes on hillside lots with sloped topography. The existing house is two -stories.
The majority of all large windows on the proposed addition are facing the side
and rear of the house which overlooks the street.
f. The proposal is sensitive to the natural terrain in that there are no major terrain
modifications. Any necessary precise grading for construction will require that a
grading permit be obtained from the Engineering Division. The project proposes
remodeling of an existing house and a second -story addition that would not
impede any scenic vistas. The neighboring home directly to the east is located at
a higher elevation with predominate hill side views to the north. While the
proposed addition would impair westerly views from the east neighbor's
driveway, the City does not have view protection laws.
SECTION 2. Pursuant to all of the evidence presented, both oral and documentary, and
further based on the findings above, the City Council upholds the decision of the Planning
Commission, and Conditional Use Permit No. 20-07 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 plan 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 the Certificate of Occupancy or final approval is issued, and the violation
of any of which shall be grounds for revocation of said conditional use permit by the Planning
Commission or City Council.
SECTION 3. The conditional 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 conditional
use pennit 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 the processing of this
application pursuant to City Council Resolution No. 8690.
SECTION 4. The costs and expenses of any enforcement activities, including, but not
limited to attorneys' fees, caused by the applicant's violation of airy condition imposed by this
approval or any provision of the West Covina Municipal Code shall be paid by the applicant.
SECTION 5. That the approval of the conditional use permit for a Large Home that
exceeds the maximum unit size by more than 25 percent and is subject to the following conditions:
a. Comply with plans reviewed by the City Council on April 6, 2021.
b. That the project comply with all requirements of the "Single -Family Residential"
(R-1) Zone, Area District 1H, and all other applicable standards of the West
Covina Municipal Code.
C. That any proposed changes to the approved site plan, floor plan or elevations be
reviewed by the Planning Department, and the written authorization of the
Planning Director shall be obtained prior to implementation.
d. This development shall conform to all applicable Municipal regulations, Fire,
Building, Mechanical, Electrical, Plumbing codes and recognized, approved,
standards of installation.
e. The approved use shall not create a public nuisance as defined in the West Covina
Municipal Code Section 26-416 regarding landscape maintenance and property
maintenance.
f. The second -floor bathroom window on the southwest
g. The applicant shall sign an affidavit accepting all conditions of this approval.
IL Any graffiti that appears on the property during construction shall be cleaned or
removed on the same business day.
i The existing landscaping along the front and side yards shall be maintained in
perpetuity. Any landscaping destroyed or removed during construction shall be
replaced prior to building permit final
j. This approval is effective for a period of two (2) years. All applicable building
permits must be obtained within two (2) years of project approval
k. Prior to requesting a final inspection by the Building Division, the Pluming
Division shall inspect the development.
I The Zoning Code gives provisions for up to two one-year extensions to keep
entitlements active. Therefore, prior to April 6, 2023, (if building permits have
not been obtained) the applicant is urged to file a letter with the department
requesting a one-year extension of time. The required submittal is a letter stating
the reasons why an extension is needed, as well as an applicable processing fee.
Please be advised that the applicant will not be notified by the Planning
Division about the pendine expiration of the subject entitlement.
m. FIRE DEPARTMENT:
1. NFPA 13D/13R/13 Fire Sprinkler System
2. New Fire Flow Test Required
3. Required Fire Flow of 1,125 GPM @ 20 psi for 2 hours
4. Ensure 1 fire hydrant within 600 feet of the property line
5. Hard -wired smoke and carbon monoxide detectors with battery back-up
required
6. Hard -wired Smoke and Carbon Monoxide Detectors Required.
7. One -hour fire resistance rated wall assembly required between house &
attached garage, along a with self-closing/self-latching door
8. Additional Fire Department requirements may be set upon firture review of a
full set of architectural plans.
n. ENGINEERING DIVISION:
1. The second sheet of building plans, grading plans and/or ollsite improvement
plans is to list all conditions of approval and to include a copy of the Planning
Commission Decision letter. This information shall be incorporated into the
plans prior to the fast submittal for plan check.
2. Remove and replace broken and off grade curb and gutter in accordance with
SPPWC Standard Plan 120-2, and as directed by the City Engineer or his/her
designee.
3. The approved building addresse(s) shall be painted on the curb to the City's
standards as required by the Public Works Inspector prior to final inspection.
5
4. A grading and drainage plan shall be approved prior to issuance of the
building permit. The grading and drainage plan shall indicate how all storm
drainage including contributory drainage from adjacent lots is carried to the
public way or drainage structure approved to receive storm water.
5. Stormwater Planning Program LID Plan Checklist ( Form PC) completed by
Engineer of Record shall be copied on the first sheet of Grading Plans. The
form can be found at the following link
httos//www. westcovina.ore/home/showdocument?id=18427
6. Comply with all regulations of the Los Angeles Regional Water Quality
Control Board and Article H of Chapter 9 of the West Covina Municipal Code
concerning Stormwater/Urban Run-off Pollution control
7. LID review shall be completed prior submitting grading plans for plan review.
Grading plans shall be submitted including the proof of approval of LID or
exemption of LID.
o. BUILDING DIVISION:
1. All Conditions of Approval as approved by the Planning Commission shall
appear as notes on the plans submitted for building plan check and permits.
2. Building design shall comply with the 2020 County of Los Angeles Building
Codes. Plans shall be submitted for plan check and required permits shall be
obtained from the Building & Safety Division prior to start of construction.
3. Separate application(s), plan check(s), and permit(s) is/are required for:
a. Grading (see Engineering Division for requirements)
b. Retaining walls (see Engineering Division for requirements)
c. Block walls exceeding 6 feet in height
d. Demolition work
e. Fire sprinkler/Alarm systems (see Fire Department Prevention
Bureau for requirements)
4. A soils and geology report will be required to address the potential for and
the mitigation measures of any seismic induced landslide/liquefaction. Soils
report shall address foundation design and site preparation requirements.
5. AD new on -site utility service lines shall be placed underground. WCMC 23-
273.
6. Proof of payment of School Development Fees required prior to permit
issuance.
6
7. A Prior to issuance of building permits, the applicant shall submit and obtain
approval for a Waste Management Plan (WMP) for Construction and
Demolition providing:
a. Estimated volume or weight of materials that can be reused or
recycled.
b. Estimated maximum volume or weight of materials that can be
reused or recycled
c. Identify the vendor or facility that the applicant proposes to use to
collect and receive the materials.
d. Estimated volume of waste materials that will be landfilled.
e. Identify any special or specific activities that will be used to comply
with the Recycling and Disposal requirements.
f. Submit Security Deposit.
8. Prior to final inspection and approvals, the applicant shall submit
documentation and obtain approval from the WMP Compliance Official
showing that the Waste Diversion Requirement has been met, and shall
include the following information:
a. Receipts from the vendor and/or facility that collected and received
each material, showing the actual volume or weight of that material.
b. A copy of the previously approved WMP for the project adding the
actual volume or weight of each material diverted or disposed of at
a landfill
c. Security Deposit will not be returned until this has been
accomplished
d. Any additional information the applicant believes is relevant to
assist in nuking the determination that the necessary efforts to
comply have been achieved.
All work shall be completed with a valid permit and in accordance with
applicable Building Regulations. Final building inspection and approvals
shall be completed prior to the occupancy of the building.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution and shall enter
A into the book of original resolutions.
APPROVED AND ADOPTED on this 6th day of April, 2021.
Letty Lopez-Viado
Mayor
APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do
hereby certify that the foregoing Resolution No. 2021-21 was duly adopted by the City Council of
the City of West Covina, California, at a regular meeting thereof held on the 6th day of April,
2021, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
RESOLUTION NO. 2021-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, UPHOLDING THE
PLANNING COMMISSION'S DECISION AND APPROVING
SLIGHT MODIFICATION NO. 20-01 AT 1208 S.
HOLLENCREST DRIVE
WHEREAS, the applicant, Gerardo Limon, filed with this City a verified application on the
forms prescribed by the City requesting approval of a conditional use permit under the provisions of
Chapter 26, Article VI of the West Covina Municipal Code, to allow:
A Slight Modification for an addition to exceed the 25'-0"maximum height by 2 feet.
On that certain property described as follows:
Assessor's Parcel No. 8493-010-017, as listed in the records of the office of the Los
Angeles County Assessor; and
WHEREAS, the Planning Commission, upon giving the required notice, did on November 10,
2020, January 26, 2021, and February 23, 2021 conduct duly advertised public hearings as prescribed
by law to consider said application; and
WHEREAS, on March 3, 2021, Karla Pizano and Carlos Garay (together, "appellant") filed
an appeal of the Planning Corrnirission's decision with the City; and
WHEREAS, the City Council upon giving the required notice, did on April 6, 2021,
conduct a duly noticed public hearing to consider the appeal and slight modification application;
and
WHEREAS, studies and investigations made by the City Council and on its behalf reveal
the following:
1. The applicant is requesting a Slight Modification to exceed the maximum 25-foot
building height by 2 feet.
2. Findings necessary for approval of a slight modification as follows:
a. There are special circumstances (which may include, but are not limited to, size,
shape, topography, location or surroundings) applicable to the property which are
not applicable to other property in the property's vicinity under identical zoning
classification.
b. As a result of the special circumstances, the strict application of the zoning
ordinance deprives the property of meaningful privileges enjoyed by other
property in the vicinity and under identical zoning classification.
C. Such variance is necessary to allow the property in question to have the same
substantial property right possessed by other property in the same vicinity and
zone.
d. The granting of such variance will not be materially detrimental to the public
welfare or materially injurious to residents or owners of nearby properties.
e. That the granting of such variance shall be consistent with the adopted general
plan and any applicable specific plans.
f. The variance does not authorize a use or activity which is not otherwise expressly
authorized by the zoning regulations governing the parcel of property.
3. The proposal is considered to be categorically exempt, pursuant to Section 15301
(Class 1, Existing Facilities) of the California Environmental Quality Act (CEQA)
since the applications consist of a remodel of an existing structure.
4. The proposal is considered to be categorically exempt, pursuant to Section 15301
(Class 1, Existing Facilities) of the California Environmental Quality Act (CEQA)
since the applications consist of a remodel of an existing structure.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. On the basis of the evidence presented, both oral and documentary, the City
Council makes the following findings:
The existing second -story home is over -height and is 27 feet tall; this
nonconforming situation on site is longstanding. The proposed second -story
addition will match the height of the existing house in order to integrate the
addition to the existing structure.
b. Given that the existing house exceeds the 25-foot height limit for single-family
residential homes by two feet, the approval of a slight modification to allow the
addition to exceed the 25-foot height limit is necessary in order for the addition
to match the height of the existing house and architecturally integrate/blend well
with the existing structure.
C. The slight modification is necessary to allow for the proposed addition to be
consistent with the previously approved second -story.
d. Granting the slight modification wil not be materially detrimental or injurious to
nearby property owners as the existing house is longstanding and already exceeds
the 25-foot height limitation by 2 feet. The addition will match the height of the
existing house and building permits will be obtained to allow for the addition.
e. The General Plan land use designation for the site is Neighborhood - Low Density
Residential The height variance is consistent with the General Plan land use
designation in that it will not impact the use or increase the density of the site.
f. The property is located in the Single -Family Residential zone and is developed
with a single-family residential home. The height variance will not change the
single-family residential use and zoning of the lot.
SECTION 2. Pursuant to all of the evidence presented, both oral and documentary, and
further based on the findings above, the City Council upholds the decision of the Planning
Commission, and Slight Modification No. 20-01 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 plan 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 the Certificate of Occupancy or final approval is issued, and the violation of any of
which shall be grounds for revocation of said conditional use permit by the Planning Comumission
or City Council
SECTION 3. The slight modification 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 slight modification 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 the processing of this application
pursuant to City Council Resolution No. 8690.
SECTION 4. The costs and expenses of any enforcement activities, including, but not
limited to attorneys' fees, caused by the applicant's violation of any condition imposed by this
approval or any provision of the West Covina Municipal Code shall be paid by the applicant.
SECTION 5. The approval of the slight modification for a proposed construction not to
exceed twenty (20) percent of any regulation pertaining to heights and is subject to the following
conditions:
a. Comply with plans reviewed by the City Council on April 6, 2021.
b. That the project comply with all requirements of the "Single -Family Residential"
(R-1) Zone, Area District III, and all other applicable standards of the West
Covina Municipal Code.
C. That any proposed changes to the approved site plan, floor plan or elevations be
reviewed by the Planning Deparhnent, and the written authorization of the
Planning Director shall be obtained prior to implementation.
d. Height surveys shall be obtained by the applicant and conducted by a licensed
surveyor prior to building pemut issuance and prior to building peinvt framing
inspection. The survey shall indicate the height of the existing house (1st survey)
and indicate that the height of the addition is no taller than 27 feet or no taller
than the height of the existing house, whichever is less (2" d survey). Height shall
be measured from the lowest adjacent grade to the highest point (ridge).
e. This development shall conform to all applicable Municipal regulations, Fire,
Building, Mechanical, Electrical, Plumbing codes and recognized, approved,
standards of installation.
I. The approved use shall not create a public nuisance as defined in the West Covina
Municipal Code Section 26-416 regarding landscape maintenance and property
maintenance.
g. The applicant shall sign an affidavit accepting all conditions of this approval
IL Any graffiti that appears on the property during construction shall be cleaned or
removed on the same business day.
i The existing landscaping along the front and side yards shall be maintained in
perpetuity. Any landscaping destroyed or removed during construction shall be
replaced prior to building pemvt final
j. This approval is effective for a period of two (2) years. All applicable building
permits must be obtained within two (2) years of project approval
k. Prior to requesting a final inspection by the Building Division, the Planning
Division shall inspect the development.
L The Zoning Code gives provisions for up to two one-year extensions to keep
entitlements active. Therefore, prior to April 6, 2023, (if building permits have
not been obtained) applicant is urged to file a letter with the department
requesting a one-year extension of time. The required submittal is a letter stating
the reasons why an extension is needed, as well as an applicable processing fee.
Please be advised that the applicant will not be notified by the Planning
Division about the pending expiration of the subject entitlement.
m FIRE DEPARTMENT:
1. NFPA 13D/13R/13 Fire Sprinkler System
2. New Fire Flow Test Required
PLANNING COMMISSION REVIEW
This project was initially reviewed by the Planning Commission on November 10, 2020. During the public
hearing one neighbor spoke in opposition to the project. The Planning Commission continued the item to
December 8, 2020 with direction to the applicant to install story poles and to provide a line of sight view
property cross-section to show that the project will not obstruct any neighboring views. Since the project
presented two different roof design options, the Planning Commission's direction regarding the story poles was
to provide a general framework that would illustrate the "footprint" of the second -story addition and the height
of the structure.
At the December 8, 2020 Planning Commission meeting, the Planning Commission continued the item to a
date uncertain at staffs request because story poles were not installed and plans were not submitted prior to the
Planning Commission packet distribution date.
The applicant installed the story poles and submitted plans that included a line of sight cross-section from the
neighboring property to the east. Please note that the property owner has since removed the story poles. The
applicant confirmed that the story poles were removed for safety reasons in anticipation of the storm and high -
winds that we had in March. Since the installation of story poles are not a Code requirement for two-story
additions, the story poles were not reinstalled after the storm.
On January 26, 2021, the Planning Commission held a duly advertised public hearing. During the public
hearing, three members of the public spoke in opposition of the project with concerns regarding the size of the
proposed house. In addition, the Planning Commission was presented with a petition signed by neighbors in
opposition of the project. The Planning Commission continued the item to a date certain of February 23, 2021
with direction to staff to talk to the applicant and City Attorney regarding the possibility of including a
Condition of Approval to prohibit the future addition of an ADU/JADU and to verify the potential of not
requiring the expansion of the garage (into a three -car garage).
During the hearing February 23, 2021 Planning Commission meeting, staff presented the Planning
Commission with information regarding State Law prohibiting municipalities from restricting the construction
of ADUs, the West Covina Municipal Code requirement pertaining to garage expansions, and data of previous
Conditional Use Permit approvals for large homes. In addition, a redesigned project was presented. The
applicant reduced the size of the proposed house by 305 square feet, from 7,465 square feet to 7,160 square
feet. The proposed first -floor addition was reduced from 734 square feet to 654 square feet, while the proposed
second -floor addition was reduced from 1,868 square feet to 1,644 square feet. This reduction in size was not
part of the Planning Commission's direction, but was proactively done by the applicant to address concerns
that were brought up during Planning Commission discussion at the January 26th meeting. Two neighbors
spoke in opposition of the project, with one neighbor presenting the Planning Commission an updated petition
signed by neighboring property owners in opposition of the project (Attachment No. 11)
APPEAL
On March 3, 2021, an appeal was filed by Karla Pizano and Carlos Garay (together, "appellant") regarding the
Planning Commission's decision. The appeal was filed because the appellant believes that the incorrect
window was required to be frosted by the Planning Commission. The appellant would like the second -floor
windows on the northwest elevation frosted in order to conserve their privacy.
Section 26-212(f) and (g) of the West Covina Municipal Code specifies that the City Council shall conduct a
public hearing on the appeal and shall hear the appeal as a de novo hearing. The City Council may approve,
deny, or modify the matter appealed.
LEGAL NOTICE
Legal notice was timely published in the San Gabriel Valley Tribune, posted on the City's Website, and was
3. Required Fire Flow of 1,125 GPM @ 20 psi for 2 hours
4. Ensure 1 fire hydrant within 600 feet of the property line
5. Hard -wired smoke and carbon monoxide detectors with battery back-up
required
6. Hard -wired Smoke and Carbon Monoxide Detectors Required.
7. One -hour fire resistance rated wall assembly required between house &
attached garage, along a with self-closing/self-latching door
8. Additional Fire Department requirements may be set upon future review of a
full set of architectural plans.
n. ENGINEERING DIVISION:
1. The second sheet of building plans, grading plans and/or offsite improvement
plans is to list all conditions of approval and to include a copy of the Planning
Commission Decision letter. This information shall be incorporated into the
plans prior to the fast submittal for plan check.
2. Remove and replace broken and off grade curb and gutter in accordance with
SPPWC Standard Plan 120-2, and as directed by the City Engineer or his/her
designee.
3. The approved building addresse(s) shall be painted on the curb to the City's
standards as required by the Public Works Inspector prior to final inspection.
4. A grading and drainage plan shall be approved prior to issuance of the
building permit. The grading and drainage plan shall indicate how all storm
drainage including contributory drainage from adjacent lots is carried to the
public way or drainage structure approved to receive storm water.
5. Stormwater Planning Program LID Plan Checklist ( Form PC) completed by
Engineer of Record shall be copied on the first sheet of Grading Plans. The
form can be found at the following link
httDsY/www.westcovina.orgJhome/showdocunient?id=18427
6. Comply with all regulations of the Los Angeles Regional Water Quality
Control Board and Article H of Chapter 9 of the West Covina Municipal Code
concerning Stormwater/Urban Run-off Pollution control.
7. LID review shall be completed prior submitting grading plans for plan review.
Grading plans shall be submitted including the proof of approval of LID or
exemption of LID.
5
o. BUILDING DIVISION:
1. AD Conditions of Approval as approved by the Planning Commission shall
appear as notes on the plans submitted for building plan check and permits.
2. Building design shall comply with the 2020 County of Los Angeles Budding
Codes. Plans shall be submitted for plan check and required permits shall be
obtained from the Building & Safety Division prior to start of construction.
3. Separate application(s), plan check(s), and pemvt(s) is/are required for:
a. Grading (see Engineering Division for requirements)
b. Retaining walls (see Engineering Division for requirements)
c. Block walls exceeding 6 feet in height
d. Demolition work
e. Fire sprinkler/Alarm systems (see Fire Department Prevention
Bureau for requirements)
4. A soils and geology report will be required to address the potential for and
the mitigation measures of any seismic induced landslide/liquefaction. Soils
report shall address foundation design and site preparation requirements.
5. All new on -site utility service lines shall be placed underground. WCMC 23-
273.
6. Proof of payment of School Development Fees required prior to permit
issuance.
7. A Prior to issuance of budding permits, the applicant shall submit and obtain
approval for a Waste Management Plan (WMP) for Construction and
Demolition providing:
a. Estimated volume or weight of materials that can be reused or
recycled.
b. Estimated maximum volume or weight of materials that can be
reused or recycled
c. Identify the vendor or facility that the applicant proposes to use to
collect and receive the materials.
d. Estimated volume of waste materials that will be landfilled.
e. Identify any special or specific activities that will be used to comply
with the Recycling and Disposal requirements.
f. Submit Security Deposit.
8. Prior to final inspection and approvals, the applicant shall submit
documentation and obtain approval from the WMP Compliance Official
6
showing that the Waste Diversion Requirement has been met, and shall
include the following information:
a. Receipts from the vendor and/or facility that collected and received
each material, showing the actual volume or weight of that material.
b. A copy of the previously approved WMP for the project adding the
actual vohrme or weight of each material diverted or disposed of at
a landfill
c. Security Deposit will not be returned until this has been
accomplished
d. Any additional information the applicant believes is relevant to
assist in making the determination that the necessary efforts to
comply have been achieved.
9. All work shall be completed with a valid permit and in accordance with
applicable Building Regulations. Final building inspection and approvals
shall be completed prior to the occupancy of the building.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution and shall enter
A into the book of original resoltutions.
APPROVED AND ADOPTED on this 6th day of April, 2021.
Letty Lopez-Viado
Mayor
APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SBERRICK, Assistant City Clerk of the City of West Covina, California, do
hereby certify that the foregoing Resolution No. 2021-22 was duly adopted by the City Council of
the City of West Covina, California, at a regular meeting thereof held on the 6th day of April,
2021, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
ATTACHMENT NO.3
PLANNING COMMISSION
RESOLUTION NO.21-6066
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
WEST COVINA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO.20-07
CONDITIONAL USE PERMIT NO.20-07
CATEGORICAL EXEMPTION
APPLICANT: Gerardo Limon
LOCATION: 1208 S Hollencrest Drive
WHEREAS, there was filed with this City a verified application on the forms prescribed by
the City requesting approval of a conditional use permit under the provisions of Chapter 26, Article
VI of the West Covina Municipal Code, to allow:
A "Large Home" that exceeds the maximum unit size by more than 25 percent
On that certain property described as follows:
Assessor's Parcel No. 8493-010-017, as listed in the records of the office of the Los
Angeles County Assessor; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the November
10, 2020, January 26, 2021, and February 23, 2021 conduct duly advertised public hearings as
prescribed by law to consider said application; and
WHEREAS, studies and investigations made by this Commission and in its behalf reveal the
following facts:
1. The applicant is proposing to construct a 1,644-square foot second -story addition, a
654-square foot single -story addition, 952-square foot 3-car garage to replace the
existing 2-car garage, and a 520-square foot balcony to the existing 4,344-square foot
second -story single-family residence. The proposed house will have a total floor area
of 7,160-square feet.
2. Findings necessary for approval of a conditional use permit for a "Large Home" as
follows:
Planning Commission Resolution No. 21-6066
Conditional Use Permit No. 20-07
February 23, 2021 - Page 2
a. The lot and proposed development is consistent with the general plan, zoning and
meets all other applicable code requirements.
b. The development utilizes building materials, color schemes and a roof style which
blend with the existing structure, if any, and results in a development which is
harmonious in scale and mass with surrounding residences.
C. The development is sensitive and not detrimental to convenience and safety of
circulation for pedestrians and vehicles.
d. The development can be adequately served by existing or required infrastructure
and services.
e. The design of the structure has given consideration to the privacy of surrounding
properties through the usage and placement of windows and doors, cantilevers,
decks, balconies minimal retaining walls, trees and other buffering landscaping
materials.
f. The development is sensitive to the natural terrain, minimizes necessary grading,
de-emphasizes vertical massing which could disrupt the profile of a natural slope
and does not impede any scenic vistas or views open to the public or surrounding
properties.
3. The proposal is considered to be categorically exempt, pursuant to Section 15301
(Class 1, Existing Facilities) of the California Environmental Quality Act (CEQA)
since the applications consist of a remodel of an existing structure.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of West
Covina as follows:
1. On the basis of evidence presented, both oral and documentary, the Planning
Commission makes the following findings for approval of a conditional use permit:
a. The lot and proposed building are consistent with the Residential Low (1.1-2.0
dwelling units per acre) General Plan designation and "Single Family
Residential" (R-1) zoning in that it consists of an addition to an existing single-
family home. The project meets all applicable requirements of the "Single Family
Residential" (R-1) Zone, Area District III.
b. The roof design for the proposed addition blends with the existing structure and
is consistent with the architectural style of the existing house and homes in the
neighborhood. The proposed addition is harmonious in scale and mass with
surrounding residences given that all properties directly abutting the project site
are developed with two-story homes. The visual scale and massing presented by
Planning Commission Resolution No. 21-6066
Conditional Use Permit No. 20-07
February 23, 2021 - Page 3
the addition from Hollencrest Drive and abutting residential properties is
insignificant due to the topography of the site; the building pad is higher than the
street and the addition would not be readily visible from pedestrians and vehicles
passing by (on Hollencrest Drive), while the neighboring home directly to the
east is located on a higher elevation with hill side views directed north, the
neighboring property directly south is the Suburban Water company property.
Distant uphill views of the addition from lower streets are expected for hillside
properties.
C. The existing house is accessible from an existing driveway on Hollencrest
Drive and the addition will not negatively impact circulation or safety for
pedestrians and vehicles. The subject property is developed with setbacks greater
than or equal to the minimum required by the Municipal Code. The proposed
house with additions does not have any effect on the convenience and safety of
circulation for pedestrians or vehicles in that it will not result in any visual
obstructions adjacent to a right-of-way that would affect convenience and safety
of circulation for pedestrians and vehicles.
d. The lot is adequately served by existing infrastructure (streets, sewer, water, etc.).
The proposed additions are not anticipated to require additional infrastructure or
services beyond that provided for the existing residences nearby. Therefore, the
development can be adequately served by existing infrastructure and services.
e. The design of the house has given consideration to the privacy of the surrounding
properties in that the area. The area consists of both single -story and second -story
homes on hillside lots with sloped topography. The existing house is two -stories.
The majority of all large windows on the proposed addition are facing the side
and rear of the house which overlooks the street.
The proposal is sensitive to the natural terrain in that there are no major terrain
modifications. Any necessary precise grading for construction will require that a
grading permit be obtained from the Engineering Division. The project proposes
remodeling of an existing house and a second -story addition that would not
impede any scenic vistas. The neighboring home directly to the east is located at
a higher elevation with predominate hill side views to the north. While the
proposed addition would impair westerly views from the east neighbor's
driveway, the City does not have view protection laws.
2. That pursuant to all of the evidence presented, both oral and documentary, and further
based on the findings above, Conditional Use Permit No. 20-07 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 plan 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
Planning Commission Resolution No. 21-6066
Conditional Use Permit No. 20-07
February 23, 2021 - Page 4
before the Certificate of Occupancy or final approval is issued, and the violation of any
of which shall be grounds for revocation of said conditional use permit by the Planning
Commission or City Council.
3. The conditional 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
conditional use permit 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 the processing of this application pursuant to City Council Resolution No.
8690.
4. The costs and expenses of any enforcement activities, including, but not limited to
attorney's fees, caused by the applicant's violation of any condition imposed by this
approval or any provision of the West Covina Municipal Code shall be paid by the
applicant.
5. That the approval of the conditional use permit for a Large Home that exceeds the
maximum unit size by more than 25 percent and is subject to the following conditions:
a. Comply with plans reviewed by the Planning Commission on February 23, 2021.
b. That the project comply with all requirements of the "Single -Family Residential"
(R-1) Zone, Area District III, and all other applicable standards of the West
Covina Municipal Code.
C. That any proposed changes to the approved site plan, floor plan or elevations be
reviewed by the Planning Department, and the written authorization of the
Planning Director shall be obtained prior to implementation.
d. This development shall conform to all applicable Municipal regulations, Fire,
Building, Mechanical, Electrical, Plumbing codes and recognized, approved,
standards of installation.
e. The approved use shall not create a public nuisance as defined in the West Covina
Municipal Code Section 26-416 regarding landscape maintenance and property
maintenance.
f. The second -floor bathroom window on the southwest
g. The applicant shall sign an affidavit accepting all conditions of this approval.
h. Any graffiti that appears on the property during construction shall be cleaned or
removed on the same business day.
Planning Commission Resolution No. 21-6066
Conditional Use Permit No. 20-07
February 23, 2021 - Page 5
L The existing landscaping along the from and side yards shall be maintained in
perpetuity. Any landscaping destroyed or removed during construction shall be
replaced prior to building permit final.
j. This approval is effective for a period of two (2) years. All applicable building
permits must be obtained within two (2) years of project approval.
k. Prior to requesting a final inspection by the Building Division, the Planning
Division shall inspect the development.
1. The Zoning Code gives provisions for up to two one-year extensions to keep
entitlements active. Therefore, prior to February 24, 2023, (if building permits
have not been obtained) you are urged to file a letter with the department
requesting a one-year extension of time. The required submittal is a letter stating
the reasons why an extension is needed, as well as an applicable processing fee.
Please be advised that the applicant will not be notified by the Planning
Division about the pending expiration of the subject entitlement.
in. FIRE DEPARTMENT:
1. NFPA 13D/13R/13 Fire Sprinkler System
2. New Fire Flow Test Required
3. Required Fire Flow of 1,125 GPM @ 20 psi for 2 hours
4. Ensure 1 fire hydrant within 600 feet of the property line
5. Hard -wired smoke and carbon monoxide detectors with battery back-up required
6. Hard -wired Smoke and Carbon Monoxide Detectors Required.
7. One -hour fire resistance rated wall assembly required between house & attached
garage, along a with self-closing/self-latching door
8. Additional Fire Department requirements may be set upon future review of a full
set of architectural plans.
n. ENGINEERING DIVISION:
1. The second sheet of building plans, grading plans and/or offsite
improvement plans is to list all conditions of approval and to include a copy
of the Planning Commission Decision letter. This information shall be
incorporated into the plans prior to the first submittal for plan check.
Planning Commission Resolution No. 21-6066
Conditional Use Permit No. 20-07
February 23, 2021 - Page 6
2. Remove and replace broken and off grade curb and gutter in accordance with
SPPWC Standard Plan 120-2, and as directed by the City Engineer or his/her
designee.
3. The approved building addresse(s) shall be painted on the curb to the City's
standards as required by the Public Works Inspector prior to final inspection.
4. A grading and drainage plan shall be approved prior to issuance of the
building permit. The grading and drainage plan shall indicate how all storm
drainage including contributory drainage from adjacent lots is carried to the
public way or drainage structure approved to receive storm water.
5. Stormwater Planning Program LID Plan Checklist ( Form PC) completed
by Engineer of Record shall be copied on the first sheet of Grading Plans.
The form can be found at the following link
hos•//www.westcovina.org&Qme/showdocument?id=18427
6. Comply with all regulations of the Los Angeles Regional Water Quality
Control Board and Article II of Chapter 9 of the West Covina Municipal
Code concerning Stormwater/Urban Run-off Pollution control.
7. LID review shall be completed prior submitting grading plans for plan
review. Grading plans shall be submitted including the proof of approval of
LID or exemption of LID.
o. BUILDING DIVISION:
1. All Conditions of Approval as approved by the Planning Commission shall
appear as notes on the plans submitted for building plan check and permits.
2. Building design shall comply with the 2020 County of Los Angeles Building
Codes. Plans shall be submitted for plan check and required permits shall be
obtained from the Building & Safety Division prior to start of construction.
3. Separate application(s), plan check(s), and permit(s) is/are required for:
a. Grading (see Engineering Division for requirements)
b. Retaining walls (see Engineering Division for requirements)
c. Block walls exceeding 6 feet in height
d. Demolition work
e. Fire sprinkler/Alarm systems (see Fire Department Prevention
Bureau for requirements)
4. A soils and geology report will be required to address the potential for and
the mitigation measures of any seismic induced landslide/liquefaction. Soils
report shall address foundation design and site preparation requirements.
mailed to owners and occupants of properties located within 300 feet of the subject sites at least 10 days prior
to the hearing. In addition, both the appellant and applicant were notified of the public hearing.
DISCUSSION:
The project site is in the "Single -Family Residential" (R-1) zone, Area District III. The neighborhood is
characterized with two-story and/or split-level homes on hillside lots with building pads above street level. The
project involves the construction of a 1,644-square foot second -story addition, a 654-square foot single -story
addition, a 952-square foot 3-car garage to replace the existing 2-car garage, and a 520-square foot balcony.
The total proposed net addition to the existing house is 2,730 square feet (1 st floor addition + 2nd floor
addition + garage addition, minus credit for existing garage).
Although the project is significantly larger in floor area than other homes in the neighborhood on comparable
size lots, due to the unique topography of the site, staff is not opposed to the size of the proposed home. The
subject lot's building pad is at a higher elevation than the street and the addition would not be readily visible
from pedestrians and vehicles passing by on Hollencrest Drive, therefore the visual scale and massing
presented by the addition directly off -site views (Hollencrest Drive and adjacent neighbors) is
insignificant. The neighboring property directly to the south is the Suburban Water company property.
The neighboring home directly to the east is located at a higher elevation with predominate hill side views to
the north. While the proposed addition would impair westerly views from the east neighbor's driveway, the
City does not have view protection laws.
Staff visited the project site and took pictures of the existing down slope views and views from a ladder at the
approximate height of the second -floor addition (Attachment No. 12). The proposed addition would not
intensify any neighboring views that are already visible from the street and/or existing down slope views. The
project would not cause any privacy impacts to the surrounding neighbors.
Conditional Use Permit (CUP)
All projects exceeding the maximum unit size above/greater than 25-percent require approval of a Conditional
Use Permit. The project exceeds this 25-percent threshold by 2,160 square feet. The table below illustrates
how the size of the revised house compares to the previous design, existing house, and code standards.
Existing House
Revised Design
Previous Design
Maximum Unit Size
+25% CUP
Threshold
4,344 sq' ft. includes
(q'
7,160 s includes
ft. (q'
7,465 s ft. includes
(q'
4,000 s ft. attached
(attached
5,000 sq. ft.
(attached
434 sq ft. garage)
952 sq. ft. garage)
952 sq. ft. garage)
garage included)
garage
included)
It has been the City's practice for over 10 years to include the size of an attached garage towards the maximum
unit size calculation. Section 26-401.5(c) of the West Covina Municipal Code states "attached accessory
structures, including, but not limited to, accessory habitable quarters, accessory dwelling units, and garages,
shall be included in the twenty-five (25) percent figure."
Garage Expansion Requirement
As directed by the Planning Commission, staff and the City Attorney's office reviewed the WCMC pertaining
to the requirement for a three -car garage and found that this requirement was adopted by the City Council
on January 21, 2014 (Ordinance No. 2254). Per Section 26-402(e)(1) of the WCMC, the expansion of an
Planning Commission Resolution No. 21-6066
Conditional Use Permit No. 20-07
February 23, 2021 - Page 7
5. All new on -site utility service lines shall be placed underground. WCMC
23-273.
6. Proof of payment of School Development Fees required prior to permit
issuance.
A Prior to issuance of building permits, the applicant shall submit and obtain
approval for a Waste Management Plan (WMP) for Construction and
Demolition providing:
a. Estimated volume or weight of materials that can be reused or
recycled.
b. Estimated maximum volume or weight of materials that can be
reused or recycled
c. Identify the vendor or facility that the applicant proposes to use to
collect and receive the materials.
d. Estimated volume of waste materials that will be landfilled.
e. Identify any special or specific activities that will be used to comply
with the Recycling and Disposal requirements.
f. Submit Security Deposit.
8. Prior to final inspection and approvals, the applicant shall submit
documentation and obtain approval from the WMP Compliance Official
showing that the Waste Diversion Requirement has been met, and shall
include the following information:
a. Receipts from the vendor and/or facility that collected and received
each material, showing the actual volume or weight of that
material.
b. A copy of the previously approved WMP for the project adding the
actual volume or weight of each material diverted or disposed of at
a landfill.
c. Security Deposit will not be returned until this has been
accomplished
d. Any additional information the applicant believes is relevant to
assist in making the determination that the necessary efforts to
comply have been achieved.
9. All work shall be completed with a valid permit and in accordance with
applicable Building Regulations. Final building inspection and approvals
shall be completed prior to the occupancy of the building.
Planning Commission Resolution No. 21-6066
Conditional Use Permit No. 20-07
February 23, 2021 - Page 8
I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning
Commission of the City of West Covina, at a regular meeting held on the 23 d day of February 2021,
by the following vote:
AYES: Guttierez, Heng, Lewis, Becerra
NOES: Williams
ABSENT: None
ABSTAIN: None
DATE: February 23, 2021
Sheena Heng, Chairperson
Planning Commission VVV
�V�
Pau ' es
Planning Commission Secretary
ATTACHMENT NO.4
PLANNING COMMISSION
RESOLUTION NO.21-6067
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
WEST COVINA, CALIFORNIA, APPROVING SLIGHT MODIFICATION
NO.20-01
SLIGHT MODIFICATION NO.20-01
CATEGORICAL EXEMPTION
APPLICANT: Gerardo Limon
LOCATION: 1208 S Hollencrest Drive
WHEREAS, there was filed with this City a verified application on the forms prescribed by
the City requesting approval of a Slight Modification under the provisions of Chapter 26, Article VI
of the West Covina Municipal Code, to allow:
A Slight Modification for an addition to exceed the 25'-0" maximum height by 2 feet.
On that certain property described as follows:
Assessor's Parcel No. 8493-010-017, as listed in the records of the office of the Los
Angeles County Assessor; and
WHEREAS, the Planning Commission, upon giving the required notice, did on November 10,
2020, January 26, 2021, and February 23, 2021, conduct a duly advertised public hearing as
prescribed by law to consider said application; and
WHEREAS, studies and investigations made by this Commission and in its behalf reveal the
following facts:
1. The applicant is requesting a Slight Modification to exceed the maximum 25-foot
building height by 2 feet.
2. Findings necessary for approval of a slight modification as follows:
a. There are special circumstances (which may include, but are not limited to, size,
shape, topography, location or surroundings) applicable to the property which are
Planning Commission Resolution No. 21-6067
Slight Modification No. 20-01
February 23, 2021 - Page 2
not applicable to other property in the property's vicinity under identical zoning
classification.
b. As a result of the special circumstances, the strict application of the zoning
ordinance deprives the property of meaningful privileges enjoyed by other
property in the vicinity and under identical zoning classification.
C. Such variance is necessary to allow the property in question to have the same
substantial property right possessed by other property in the same vicinity and
zone.
d. The granting of such variance will not be materially detrimental to the public
welfare or materially injurious to residents or owners of nearby properties.
e. That the granting of such variance shall be consistent with the adopted general
plan and any applicable specific plans.
f. The variance does not authorize a use or activity which is not otherwise expressly
authorized by the zoning regulations governing the parcel of property.
3. The proposal is considered to be categorically exempt, pursuant to Section 15301
(Class 1, Existing Facilities) of the California Environmental Quality Act (CEQA)
since the applications consist of a remodel of an existing structure.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission ofthe City of West
Covina as follows:
On the basis of evidence presented, both oral and documentary, the Planning
Commission makes the following findings for approval of a slight modification:
a. The existing second -story home is over -height and is 27 feet tall; this
nonconforming situation on site is longstanding. The proposed second -story
addition will match the height of the existing house in order to integrate the
addition to the existing structure.
b. Given that the existing house exceeds the 25-foot height limit for single-family
residential homes by two feet, the approval of a slight modification to allow the
addition to exceed the 25-foot height limit is necessary in order for the addition
to match the height of the existing house and architecturally integrate/blend well
with the existing structure.
C. The slight modification is necessary to allow for the proposed addition to be
consistent with the previously approved second -story.
Planning Commission Resolution No. 21-6067
Slight Modification No. 20-01
February 23, 2021 - Page 3
d. Granting the slight modification will not be materially detrimental or injurious to
nearby property owners as the existing house is longstanding and already exceeds
the 25-foot height limitation by 2 feet. The addition will match the height of the
existing house and building permits will be obtained to allow for the addition.
The General Plan land use designation for the site is Neighborhood - Low Density
Residential. The height variance is consistent with the General Plan land use
designation in that it will not impact the use or increase the density of the site.
The property is located in the Single -Family Residential zone and is developed
with a single-family residential home. The height variance will not change the
single-family residential use and zoning of the lot.
That pursuant to all of the evidence presented, both oral and documentary, and further
based on the findings above, Slight Modification No. 20-01 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 plan 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 the
Certificate of Occupancy or final approval is issued, and the violation of any of which
shall be grounds for revocation of said conditional use permit by the Planning
Commission or City Council.
3. The conditional 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
conditional use permit 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 the processing of this application pursuant to City Council Resolution No.
8690.
The costs and expenses of any enforcement activities, including, but not limited to
attorney's fees, caused by the applicant's violation of any condition imposed by this
approval or any provision of the West Covina Municipal Code shall be paid by the
applicant.
That the approval of the slight modification for a proposed construction not to exceed
twenty (20) percent of any regulation pertaining to heights and is subject to the
following conditions:
a. Comply with plans reviewed by the Planning Commission on November 10, 2020.
Planning Commission Resolution No. 21-6067
Slight Modification No. 20-01
February 23, 2021 - Page 4
b. That the project comply with all requirements ofthe "Single -Family Residential'
(R-1) Zone, Area District III, and all other applicable standards of the West
Covina Municipal Code.
C. That any proposed changes to the approved site plan, floor plan or elevations be
reviewed by the Planning Department, and the written authorization of the
Planning Director shall be obtained prior to implementation.
d. Height surveys shall be obtained by the applicant and conducted by a licensed
surveyor prior to building permit issuance and prior to building permit framing
inspection. The survey shall indicate the height of the existing house (11 survey)
and indicate that the height of the addition is no taller than 27 feet or no taller
than the height of the existing house, whichever is less (2nd survey). Height shall
be measured from the lowest adjacent grade to the highest point (ridge).
e. This development shall conform to all applicable Municipal regulations, Fire,
Building, Mechanical, Electrical, Plumbing codes and recognized, approved,
standards of installation.
f. The approved use shall not create a public nuisance as defined in the West Covina
Municipal Code Section 26-416 regarding landscape maintenance and property
maintenance.
g. The applicant shall sign an affidavit accepting all conditions of this approval.
h. Any graffiti that appears on the property during construction shall be cleaned or
removed on the same business day.
i. The existing landscaping along the front and side yards shall be maintained in
perpetuity. Any landscaping destroyed or removed during construction shall be
replaced prior to building permit final.
j. This approval is effective for a period of two (2) years. All applicable building
permits must be obtained within two (2) years of project approval.
k. Prior to requesting a final inspection by the Building Division, the Planning
Division shall inspect the development.
1. The Zoning Code gives provisions for up to two one-year extensions to keep
entitlements active. Therefore, prior to February 24, 2023, (if building permits
have not been obtained) you are urged to file a letter with the department
requesting a one-year extension of time. The required submittal is a letter stating
the reasons why an extension is needed, as well as an applicable processing fee.
Please be advised that the applicant will not be notified by the Plannine
Division about the pendine expiration of the subiect entitlement.
Planning Commission Resolution No. 21-6067
Slight Modification No. 20-01
February 23, 2021 - Page 5
m. FIRE DEPARTMENT:
1. NFPA 13D/13R/13 Fire Sprinkler System
2. New Fire Flow Test Required
3. Required Fire Flow of 1,125 GPM @ 20 psi for 2 hours
4. Ensure 1 fire hydrant within 600 feet of the property line
5. Hard -wired smoke and carbon monoxide detectors with battery back-up required
6. Hard -wired Smoke and Carbon Monoxide Detectors Required.
7. One -hour fire resistance rated wall assembly required between house & attached
garage, along a with self-closing/self-latching door
8. Additional Fire Department requirements may be set upon future review of a full
set of architectural plans.
n. ENGINEERING DIVISION:
1. The second sheet of building plans, grading plans and/or offsite
improvement plans is to list all conditions of approval and to include a copy
of the Planning Commission Decision letter. This information shall be
incorporated into the plans prior to the first submittal for plan check.
2. Remove and replace broken and off grade curb and gutter in accordance with
SPPWC Standard Plan 120-2, and as directed by the City Engineer or his/her
designee.
3. The approved building addresse(s) shall be painted on the curb to the City's
standards as required by the Public Works Inspector prior to final inspection.
4. A grading and drainage plan shall be approved prior to issuance of the
building permit. The grading and drainage plan shall indicate how all storm
drainage including contributory drainage from adjacent lots is carried to the
public way or drainage structure approved to receive storm water.
5. Stormwater Planning Program LID Plan Checklist ( Form PC) completed
by Engineer of Record shall be copied on the first sheet of Grading Plans.
The form can be found at the following link
htti)s://www.westcovina.orp-/home/showdocument?id=l 8427
Planning Commission Resolution No. 21-6067
Slight Modification No. 20-01
February 23, 2021 - Page 6
6. Comply with all regulations of the Los Angeles Regional Water Quality
Control Board and Article II of Chapter 9 of the West Covina Municipal
Code concerning Stormwater/Urban Run-off Pollution control.
7. LID review shall be completed prior submitting grading plans for plan
review. Grading plans shall be submitted including the proof of approval of
LID or exemption of LID.
o. BUILDING DIVISION:
1. All Conditions of Approval as approved by the Planning Commission shall
appear as notes on the plans submitted for building plan check and permits.
2. Building design shall comply with the 2020 County of Los Angeles Building
Codes. Plans shall be submitted for plan check and required permits shall be
obtained from the Building & Safety Division prior to start of construction.
3. Separate application(s), plan check(s), and permit(s) is/are required for:
a. Grading (see Engineering Division for requirements)
b. Retaining walls (see Engineering Division for requirements)
c. Block walls exceeding 6 feet in height
d. Demolition work
e. Fire sprinkler/Alarm systems (see Fire Department Prevention
Bureau for requirements)
4. A soils and geology report will be required to address the potential for and
the mitigation measures of any seismic induced landslide/liquefaction. Soils
report shall address foundation design and site preparation requirements.
5. All new on -site utility service lines shall be placed underground. WCMC
23-273.
6. Proof of payment of School Development Fees required prior to permit
issuance.
7. A Prior to issuance of building permits, the applicant shall submit and obtain
approval for a Waste Management Plan (WMP) for Construction and
Demolition providing:
a. Estimated volume or weight of materials that can be reused or
recycled.
b. Estimated maximum volume or weight of materials that can be
reused or recycled
c. Identify the vendor or facility that the applicant proposes to use to
collect and receive the materials.
Planning Commission Resolution No. 21-6067
Slight Modification No. 20-01
February 23, 2021 - Page 7
d. Estimated volume of waste materials that will be landfilled.
e. Identify any special or specific activities that will be used to comply
with the Recycling and Disposal requirements.
f. Submit Security Deposit.
8. Prior to final inspection and approvals, the applicant shall submit
documentation and obtain approval from the WMP Compliance Official
showing that the Waste Diversion Requirement has been met, and shall
include the following information:
a. Receipts from the vendor and/or facility that collected and received
each material, showing the actual volume or weight of that
material.
b. A copy of the previously approved WMP for the project adding the
actual volume or weight of each material diverted or disposed of at
a landfill.
c. Security Deposit will not be returned until this has been
accomplished
d. Any additional information the applicant believes is relevant to
assist in making the determination that the necessary efforts to
comply have been achieved.
9. All work shall be completed with a valid permit and in accordance with
applicable Building Regulations. Final building inspection and approvals
shall be completed prior to the occupancy of the building.
I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning
Commission of the City of West Covina, at a regular meeting held on the 23 d day of February, 2021,
by the following vote:
AYES: Gutierrez, Heng, Lewis, Becerra
NOES: Williams
ABSENT: None
ABSTAIN: None
DATE: February 23, 2021
Planning Commission Resolution No. 21-6067
Slight Modification No. 20-01
February 23, 2021 - Page 8
`TN sing, 'r erson�
Planning Commission
Pauli 0r s
Plannin mmission Secretary
existing single-family structure which exceeds the maximum permitted for a lot would require the expansion
of the garage to conform to the current Code requirement (three -car garage for homes with a gross floor area
of 4,500 square feet or greater, or with 5 or more bedrooms; each garage space is required to be 10 feet wide
by 20 feet deep).
Slight Modification
The applicant is also requesting a Slight Modification to exceed the maximum 25-foot building height by 2
feet in order to continue the height of the existing house. The existing house is 27'-0" in height as measured
from the lowest adjacent grade to the top of the ridge, the proposed addition will be the same height as the
existing house. Since the existing house is long-standing, granting of the slight modification is necessary to
accommodate the addition.
Subcommittee for Design Review
Since the Conditional Use Permit application required Planning Commission review and approval, the design
review aspect of the project was forwarded to the Planning Commission to promote efficiency in project
review. The design of the addition is consistent with the architectural style of the existing house.
REQUIRED FINDINGS:
Conditional Use Permit
Before an application for a conditional use permit may be granted, the following findings must be made
1. The lot and proposed development is consistent with the general plan, zoning, and meets all other
applicable code requirements.
The lot and proposed building are consistent with the Residential Low (1.1-2.0 dwelling units per acre)
General Plan designation and "Single Family Residential" (R-1) zoning in that it consists of an addition to an
existing single-family home. The project meets all applicable requirements of the "Single Family Residential"
(R-1) Zone, Area District III.
2. The development utilizes building materials, color schemes and a roof style which blend with the existing
structure, if any, and results in a development which is harmonious in scale and mass with the surrounding
residences.
The roof design for the proposed addition blends with the existing structure and is consistent with the
architectural style of the existing house and homes in the neighborhood. The proposed addition is harmonious
in scale and mass with surrounding residences given that all properties directly abutting the project site are
developed with two-story homes. The visual scale and massing presented by the addition from Hollencrest
Drive and abutting residential properties is insignificant due to the topography of the site; the building pad is
higher than the street and the addition would not be readily visible from pedestrians and vehicles passing by
(on Hollencrest Drive), while the neighboring home directly to the east is located on a higher elevation with
hill side views directed north, the neighboring property directly south is the Suburban Water company
property. Distant uphill views of the addition from lower streets are expected for hillside properties.
3. The development is sensitive and not detrimental to convenience and safety of circulation for pedestrians
and vehicles.
ATTACHMENT NO.5
AGENDA
ITEM NO.2.
DATE: February 23, 2021
PLANNING DEPARTMENT STAFF REPORT
SUBJECT
CONDITIONAL USE PERMIT NO.20-07
SLIGHT MODIFICATION NO.20-01
SUBCOMMITTEE FOR DESIGN REVIEW 20-36
CATEGORICAL EXEMPTION
APPLICANT: Gerardo Limon
LOCATION: 1208 S Hollencrest Drive
REQUEST: The applicant is requesting a Conditional Use Perndt to allow for the
construction of a 1,644-square foot second -story addition, a 654-square foot single -
story addition, 952-square foot 3-car garage to replace the existing 2-car garage, and a
520-square foot balcony to the existing 4,344-square foot two-story single-family
residence. The proposed house will have a total floor area of 7,160-square feet,
exceeding the 5,000 square feet maximum unit size adninistrative use
permit threshold. The applicant is also requesting a Slight Modification to exceedthe
maximum 25-foot building height by 2 feet.
BACKGROUND
This project was initially reviewed by the Planning Commission on November 10, 2020.
During the public hearing one neighbor spoke in opposition to the project. The Planning
Commission continued the item to December 8, 2020 with direction to the applicant to
install story poles and to provide a line of sight view property cross-section to show that the
project will not obstruct any neighboring views. Since the project presented two different
roof design options, the Planning Commissions direction regarding the story poles was to
provide a general framework that would illustrate the "footprint" of the second -story
addition and the height of the structure.
At the December 8, 2020 Planning Conunission meeting, the Planning Commission
continued the item to a date uncertain at staffs request because story poles were not
installed and plans were not submitted prior to the Planning Commission packet
distribution date.
The applicant has installed the story poles and has submitted plans that include a line of
sight cross-section from the neighboring property to the east.
On January 26, 2021, the Planning Commission held a duly advertised public hearing.
During the public hearing three members of the public spoke in opposition of the project
with concerns regarding the size of the proposed house. In addition, the Planning
Commission was presented with a petition signed by neighbors in opposition of the project
(Attachment No. 4). The Planning Commission continued the item to a date certain of
February 23, 2021 with direction to staff to talk to the applicant and City Attorney
regarding the possibility of including a Condition of Approval to prohibit the future
addition of an ADU/JADU and to verify the potential of not requiring the expansion of the
garage (into a three -car garage).
DISCUSSION
Although the Planning Commission did not include direction to the applicant to reduce the
size of the house as a part of the motion made on January 23, 2021, the applicant has
redesigned the project with a 305 square feet reduction to the size of the proposed house
from 7,465 square feet to 7,160 square feet. The proposed first -floor addition was reduced
from 734 square feet to 654 square feet, while the proposed second -floor addition was
reduced from 1,868 square feet to 1,644 square feet. The most noticeable change is the
removal of the previously cantilevered portion of the second floor along the south side of
the house.
All projects exceeding the maximum unit size above/greater than 25-percent require
approval of a Conditional Use Permit. The project exceeds this 25-percent threshold
by 2,160 square feet. The table below illustrates how the size of the revised house
compares to the previous design, existing house, and code standards.
Existing House
FReZdDesig-
Previous Design
Maximum Unit
Size
+25% CUP
Threshold
4,344 sq. ft.
7,160 sq. ft.
7,465 sq. ft.
4,000 sq. ft.
5,000 sq. ft.
(includes 434 sq
(includes 952 sq.
(includes 952 sq.
(attached garage
(attached
ft. garage)
ft. garage)
ft. garage)
included)
garage
included)
It has been the CiVs practice for over 10 years to include the size of an attached garage
towards the maximum unit size calculation. Section 26-401.5 (c) of the West Covina
Municipal Code states "attached accessory structures, including, but not limited to,
accessory habitable quarters, accessory dwelling units, and garages, shall be included in the
twenty-five (25) percent figure.
ATTACHMENT NO.5
Garage Expansion Requirement
As directed by the Planning Commission, staff and the City Attorneys office reviewed the
WCMC pertaining to the requirement for a three -car garage and found that this requirement
was adopted by the City Council on January 21, 2014 (Ordinance No. 2254). Per Section
26-402(e)(1) of the WCMC, the expansion of an existing single-family structure which
exceeds the maximum permitted for a lot would require the expansion of the garage to
conform to the current Code requirement (three -car garage for homes with a gross floor
area of 4,500 square feet or greater, or with 5 or more bedrooms; each garage space is
required to be 10 feet wide by 20 feet deep).
Potential for Accessory Dwelling Unit
The City Attorney's office reviewed ADU laws regarding the ability to prohibit the
property owner from building an ADU on the property at a future date. Government Code
section 65852.150 sets forth the Calffomia Legislature's declaration that ADUs are an
essential component of California's housing supply. In recent years, state ADU laws have
been revised to advance the development of ADUs. Government Code section 65852.2
]units local discretion and requires, among other things, that an ADU be approved through
a ministerial process if certain conditions are met, and that an application for an ADU shall
be deemed approved if the local agency has not acted on the completed application within
60 days. Further, Section 65852.2(a)(5) explicitly states that 'Tn]o other local ordinance,
policy, or regulation shall be the basis for the delay or denial of a building permit or a use
permit" for an ADU. Therefore, the City may not by any regulation prohibit a future ADU
on the property if it satisfies the requirements for ADUs as dictated by state law.
Currently, every property in West Covina developed with a residential use is allowed to
construct one 1,200 square foot ADU(attached or detached) and one 500 square foot JADU
(attached to primary unit) by right subject to certain minimum standards established by
State Law (height: 16 feet max; rear and side setback: 4 feet). ADU/JADUs are not subject
to the maximum unit size and/or maximum lot coverage requirements/limitations. The
project does not include a proposal to construct an ADU/JADU.
REQUIRED FINDINGS
Conditional Use Permit
Before an application for a conditional use permit may be granted, the following
findings must be made:
1. The lot and proposed development is consistent with the general plan, zoning, and
meets all other applicable code requirements.
The lot and proposed building are consistent with the Residential Low (1.1-2.0
dwelling units per acre) General Plan designation and "Single Family Residential" (R-
1) zoning in that it consists of an addition to an existing single-family home. The
project meets all applicable requirements of the "Single Family Residential" (R-1)
Zone, Area District Ill.
2. The development utilizes building materials, color schemes and a roof style which
blend with the existing structure, ifany, and results in a development which is
harmonious in scale and mass with the surrounding residences.
The roof design for the proposed addition blends with the existing structure and is
consistent with the architectural style of the existing house and homes in the
neighborhood. The proposed addition is harmonious in scale and mass with
surrounding residences given that all properties directly abutting the project site are
developed with two-story homes. The visual scale and massing presented by the
addition from Hollencrest Drive and abutting residential properties is insignificant due
to the topography of the site; the building pad is higher than the street and the addition
would not be readily visible from pedestrians and vehicles passing by (on Hollencrest
Drive), while the neighboring home directly to the east is located on a higher elevation
with bill side views directed north, the neighboring property directly south is the
Suburban Water company property. Distant uphill views of the addition from lower
streets are expected for hillside properties.
3. The development is sensitive and not detrimental to convenience and safety of
circulation for pedestrians and vehicles.
The existing house is accessible from an existing driveway on Hollencrest Drive and
the addition will not negatively impact circulation or safety for pedestrians and
vehicles. The subject property is developed with setbacks greater than or equal to the
minimum required by the Municipal Code. The proposed house with additions does
not have any effect on the convenience and safety of circulation for pedestrians or
vehicles in that it will not result in any visual obstructions adjacent to a right-of-way
that would affect convenience and safety of circulation for pedestrians and vehicles.
4. The development can be adequately served by existing or required infrastructure
and services.
The lot is adequately served by existing infrastructure (streets, sewer, water, etc.). The
proposed additions are not anticipated to require additional infrastructure or services
beyond that provided for the existing residences nearby. Therefore, the development
can be adequately served by existing infrastructure and services.
ATTACHMENT NO.5
5. The design of the structure has given consideration to the privacy of surrounding
properties through the usage and placement of windows and doors, cantilevers,
decks, balconies, minimal retaining walls, trees and other buffering landscaping
materials.
The design of the house has given consideration to the privacy of the surrounding
properties in that the area. The area consists of both single -story and second -story
homes on hillside lots with sloped topography. The existing house is two -stories. The
majority of all large windows on the proposed addition are facing the side and rear of
the house which overlooks the street.
6. The development is sensitive to the natural terrain, minimizes necessary grading,
de-emphasizes vertical massing which could disrupt the profile of a natural slope,
and does not impede any scenic vistas or views open to the public or surrounding
properties.
The proposal is sensitive to the natural terrain in that there are no major terrain
modifications. Any necessary precise grading for construction will require that a
grading permit be obtained from the Engineering Division. The project proposes
remodeling of an existing house and a second -story addition that would not impede
any scenic vistas. The neighboring home directly to the east is located at a higher
elevation with predominate hill side views to the north. While the proposed addition
would impair westerly views from the east neighbor's driveway, the City does not
have view protection laws.
SHL,ht Modification
Before an application for a slight modification may be granted, the following findings
must be made:
1. There are special circumstances (which may include, but are not limited to, size,
shape, topography, location or surroundings) applicable to the properly which are
not applicable to other property in the property's vicinity under identical zoning
classification.
The existing second -story home is over -height and is 27 feet tall; this nonconforming
situation on site is longstanding. The proposed second -story addition will match the
height of the existing house in order to integrate the addition to the existing structure.
2. As a result of the special circumstances, the strict application ofthe zoning
ordinance deprives theproperty of meaningfulprivileges enjoyed by otherproperty
in the vicinity and under identical zoning classification.
Given that the existing house exceeds the 25-foot height limit for single-family
residential homes by two feet, the approval of a slight modification to allow the
addition to exceed the 25-foot height limit is necessary in order for the addition to
match the height of the existing house and architecturally integrate/blend well with the
existing structure.
3. Such variance is necessary to allow the property in question to have the same
substantial property rightpossessed by other property in the same vicinity andzone.
The slight modification is necessary to allow for the proposed addition to be consistent
with the previously approved second -story.
4. The granting of such variance will not be materially detrimental to the public
welfare or materially injurious to residents or owners of nearby properties.
Granting the slight modification will not be materially detrimental or injurious to
nearby property owners as the existing house is longstanding and already exceeds the
25-foot height limitation by 2 feet. The addition will match the height of the existing
house and building permits will be obtained to allow for the addition.
5. That the granting of such variance shall be consistent with the adopted general
plan and any applicable specific plans.
The General Plan land use designation for the site is Neighborhood - Low Density
Residential The height variance is consistent with the General Plan land use
designation in that it will not impact the use or increase the density of the site.
6. The variance does not authorize a use or activity which is not otherwise expressly
authorized by the zoning regulations governing the parcel of property.
The property is located in the Single -Family Residential zone and is developed with a
single-family residential home. The height variance will not change the single-family
residential use and zoning of the lot.
ENVIRONMENTAL DETERMINATION
The proposal is considered to be categorically exempt, pursuant to Sections 15301
(Class 1, Existing Facilities) and 15303 (New Construction or Conversion of Small
Structures) of the Calfbmnia Environmental Quality Act (CEQA), as the proposal
involves the remodel and additions to an existing structure.
ATTACHMENT NO.5
STAFF RECOMMENDATIONS
Planning Staff recommends that the Planning Commission adopt a Resolutions No.
21-6066 and 21-6067 approving Conditional Use Permit No. 20-07, Slight
Modification No. 20-01, and Subcommittee for Design Review No. 20-36.
LARGE ATTACHMENTS
Due to Covid-19, the set of plans are available for review with a scheduled
appointment. Please contact the Planning Division at (626) 939-8422 to schedule an
appointment.
Submitted by: Jo -Anne Bums, Planning Manager
Attaebments
Attachment No. 1 - Conditional Use Permit Resolution of Approval
Attachment No. 2 - Slight Modification Resolution of Approval
Attachment No. 3 - January 26 2020 Staff Report
Attachment No. 4 - Neighbor Petition
Attachment No. 5 - November 10, 2020 Staff Report
ATTACHMENT NO.6
AGENDA
DATE: March 9, 2021
ITEM NO.: 1
MINUTES
REGULAR MEETING OF THE PLANNING COMMISSION
CITY OF WEST COVINA
Tuesday, February 23, 2021
The regular meeting of the Planning Commission was called to order at 7:00 p.m. in the West
Covina Multiple Resource Center, Room 318. The Commission observed a moment of silent
prayer/meditation and Commissioner Williams lead the Pledge of Allegiance.
ROLL CALL
Present: Heng, Becerra, Gutierrez, Lewis and Williams
Absent: None
City Staff Present: Tsai, Burns, Morales
APPROVAL OF MINUTES:
Regular meeting, January 26, 2021
Planning Manager, Jo -Anne Burns, requested the minutes be changed to reflect
comments from the January 26, 2021 meeting with more accuracy.
The minutes were approved as amended.
OTHER MATTERS OR ORAL COMMUNICATIONS
Herb Redholtz spoke regarding an email submitted to the City Council addressing comments
made by the Commission during the approval of a Subcommittee for Design Review case.
PUBLIC HEARINGS
2. CONDITIONAL USE PERMIT NO. 20-07
SLIGHT MODIFICATION NO. 20-01
SUBCOMMITTEE FOR DESIGN REVIEW NO. 20-36
CATEGORICAL EXEMPTION
APPLICANT: Gerardo Limon
LOCATION: 1208 S Hollencrest Drive
REQUEST: The applicant is requesting a Conditional Use Permit to allow for the
construction of a 1,644-square foot second -story addition, a 654-square foot
single -story addition, 952-square foot 3-car garage to replace the existing 2-car
garage, and a 520-square foot balcony to the existing 4,344-square foot two-story
single-family residence. The proposed house will have a total floor area of 7,160-
square feet, exceeding the 5,000 square feet maximum unit size administrative use
permit threshold. The applicant is also requesting a Slight Modification to exceed
the maximum 25-foot building height by 2 feet.
PAPLANCOMNinutes\2021 MINUTESNinutes - 2.23.21.doc
Planning Commission Minutes
Paee 2 — February 23, 2021
Planning Manager Jo -Anne Burns presented the staff report and a Power Point
presentation of the project. She spoke regarding changes to the proposed plan
which resulted in a 30.9% reduction in size for the house. In addition, she
addressed the Commission's request to find out if they could legally prohibit the
applicant from building an accessory dwelling unit by telling them that ADU's are
allowed by the State of California and cities can't prohibit or regulate them, other
than set back requirements. In addition, Ms. Burns addressed the application for a
slight modification to allow additional height so the addition matches the existing
house. Further, Ms. Bums showed the Commission pictures of the property with
story poles. She also spoke about previous conditional use permit approvals for
"large houses"
There was a short discussion by the Commission regarding staff s
recommendation to approve the request, and if findings of approval were met.
Chairperson Heng re -opened the public hearing.
PROPONENT:
Fernando Solis, representing the applicant, addressed the Commission regarding the
reduction of square footage for the proposed addition. He also presented a visual
presentation of simulated pictures of the proposed addition. He reiterated that the
property owners were not requesting an accessory dwelling unit. Mr. Solis said
there were other homes in the area that were larger and said this project was
compliant with the General Plan.
OPPONENTS:
Paul Maselbas and Carlos Garay spoke in opposition to this project.
Mr. Maselbas also objected to the minutes for the January 26, 2021 Planning
Commission meeting and said he had submitted a petition in opposition to the
project at that meeting. In addition, he spoke to the Commission about his research
of two-story homes within a 700-foot radius of this property on the Los Angeles
County Assessor's database. In addition he provided the Commission with a list of
larger homes that have been approved, reviewed past approvals, and presented
another petition in opposition to this project. He requested that the Commission
consider limiting the development on this property.
Mr. Garay presented pictures of his front and back yards to the Commission and said
this development would infringe on his privacy because he lives within a 300-foot
radius of the subject property and 43 feet from the curb of the subject property to his
curb. He added that to preserve his privacy he would have to install a larger fence.
PAPLANCOMWinutes\2021 MINUTES\Minutes - 2.23.21.doc
Planning Commission Minutes
Paee 3 — Febmary 23. 2021
REBUTTAL:
Mr. Solis rebutted the testimony in opposition by saying the owners didn't intend to
infringe on the privacy of the adjacent properties or build an accessory dwelling unit.
He said they wanted to build their dream home and are matching the height of the
adjacent property. In addition, he added that staff had recommended approval, and
they were compliant with the City's General Plan. Mr. Solis also the said lot was an
unusual shape and they weren't using the entire property. In addition, he said that
any improvement would be visible by the neighbors, and this will not be the largest
home in the area. He asked that the Commission to approve the project as proposed
at this meeting.
Chairperson Heng asked to see a rendering of the proposed addition in relation to the
existing home.
Chairperson Heng closed the public hearing.
There was a discussion by the Commission regarding this application and project.
Commissioner Lewis said this lot was a larger lot in the neighborhood and previous
Commissions had set a precedent by allowing homes of this type to be built in the
area. He expressed his support of the project but requested that no windows face the
adjacent property. Commissioner Williams asked if the project was harmonious
with the area in light of the petition in opposition being submitted. Commissioner
Becerra expressed her appreciation of the changes in the proposed plan and added
this could add value to surrounding properties. Commissioner Gutierrez concurred
with Commissioner Becerra. Chairperson Heng said this area is unique and homes
in the area are large. She also expressed her concern with the view and the
neighbor's privacy.
Commissioner Lewis requested an amendment to the Slight Modification to prevent
direct view into the adjacent neighbor's property. He requested that frosted
windows be required.
Motion by Gutierrez, seconded by Becerra, to waive further reading and adopt
Resolution No. 21-6066, approving Conditional Use Permit No. 20-07. Motion
carried 4-0 (Williams opposed.)
Motion by Gutierrez, seconded by Becerra, to waive further reading and adopt
Resolution No. 21-6067, as amended, approving Slight Modification No. 20-01.
Motion carried 4-1 (Williams opposed.)
Chairperson Heng said these actions are final unless appealed to the City Council
within ten (10) days.
NON -HEARING ITEMS - None
PAPLANCOMWinutes\2021 MINUTES\Minutes - 2.23.21.doc
The existing house is accessible from an existing driveway on Hollencrest Drive and the addition will not
negatively impact circulation or safety for pedestrians and vehicles. The subject property is developed with
setbacks greater than or equal to the minimum required by the Municipal Code. The proposed house with
additions does not have any effect on the convenience and safety of circulation for pedestrians or vehicles in
that it will not result in any visual obstructions adjacent to a right-of-way that would affect convenience and
safety of circulation for pedestrians and vehicles.
4. The development can be adequately served by existing or required infrastructure and services.
The lot is adequately served by existing infrastructure (streets, sewer, water, etc.). The proposed additions are
not anticipated to require additional infrastructure or services beyond that provided for the existing residences
nearby. Therefore, the development can be adequately served by existing infrastructure and services.
5. The design of the structure has given consideration to the privacy of surrounding properties through the
usage and placement of windows and doors, cantilevers, decks, balconies, minimal retaining walls, trees
and other buffering landscaping materials.
The design of the house has given consideration to the privacy of the surrounding properties in that the area.
The area consists of both single -story and second -story homes on hillside lots with sloped topography. The
existing house is two -stories. The majority of all large windows on the proposed addition are facing the side
and rear of the house which overlooks the street.
6. The development is sensitive to the natural terrain, minimizes necessary grading, de-emphasizes vertical
massing which could disrupt the profile of a natural slope, and does not impede any scenic vistas or views
open to the public or surrounding properties.
The proposal is sensitive to the natural terrain in that there are no major terrain modifications. Any necessary
precise grading for construction will require that a grading permit be obtained from the Engineering Division.
The project proposes remodeling of an existing house and a second -story addition that would not impede any
scenic vistas. The neighboring home directly to the east is located at a higher elevation with predominate hill
side views to the north. While the proposed addition would impair westerly views from the east neighbor's
driveway, the City does not have view protection laws.
Slight Modification
Before an application for a slight modification may be granted, the following findings must be made:
1. There are special circumstances (which may include, but are not limited to, size, shape, topography,
location or surroundings) applicable to the property which are not applicable to other property in the
property's vicinity under identical zoning classification.
The existing second -story home is over -height and is 27 feet tall; this nonconforming situation on site is
longstanding. The proposed second -story addition will match the height of the existing house in order to
integrate the addition to the existing structure.
2. As a result of the special circumstances, the strict application of the zoning ordinance deprives the
property of meaningful privileges enjoyed by other property in the vicinity and under identical zoning
classification.
Given that the existing house exceeds the 25-foot height limit for single-family residential homes by two feet,
the approval of a slight modification to allow the addition to exceed the 25-foot height limit is necessary in
ATTACHMENT NO.7
AGENDA
ITEM NO.2.
DATE: January 26, 2021
PLANNING DEPARTMENT STAFF REPORT
SUBJECT
CONDITIONAL LNE PERMIT NO. 20-07
SLIGHT MODIFICATION NO. 20-01
SUBCOMMITTEE FOR DESIGN REVIEW 20-36
CATEGORICAL EXEMPTION
APPLICANT. Gerardo Limon
LOCATION: 1208 S Hollencrest Drive
REQUEST: The applicant is requesting a Conditional Be Permit to allow for the construction of a
1,868-square foot second -story addition, a 734-square foot single -story addition, 952-square foot 3-car
garage to replace the existing 2-car garage, and a 520-square foot balcony to the existing 4,344-square
foot second -story single-family residence. The proposed house will have a total floor area of 7,465-
square feet exceeding the 5,000-square foot maximum unit size. The applicant is also requesting a
Slight Modification to exceed the maximum 25-foot building height by 2 feet.
BACKGROUND
This project was initially reviewed by the Planning Commission on November 10, 2020. During the public
hearing one neighbor spoke in opposition to the project. The Planning Corrmvssion continued the item to
December 8, 2020 with direction to the applicant to install story poles and to provide a line of sight view
property cross-section to show that the project will not obstruct any neighboring views. Since the project
presented two different roof design options, the Planning Commission's direction regarding the story poles
was to provide a general framework that would illustrate the "footprint" of the second -story addition and the
height of the structure.
At the December 8, 2020 Planning Connnission meeting, the Planning Commission continued the item to a
date uncertain at staffs requestbecause story poles were not installed and plans were not submitted prior to
the Planning Commission packet distribution date.
The applicant has installed the story poles and has submitted plans that include a lime of sight cross -section
from the neighboring property to the east.
DISCUSSION
The applicant has installed the story poles and has submitted plans that include a line of sight cross-section
from the neighboring property to the east. The story poles appearto accurately depict the "footprint" of the
second -floor addition. However, the story poles installed were not designed, or intended to be a full-scale
accurate silhouette of the proposed structure, based on the direction provided by the Planning Cormnis sion.
The intent of the story poles is to show the basic representation of the mass and bulk of the proposed structure
at the proposed maximum height (top of the highest roof ridge).
ATTACHMENT NO.7
The height of the story poles appear to be higher than the emdsting house. As such, Condition of Approval "d"
has been added to the draft Slight Modification Resolution (Attachment No. 2) requiring height surveys
indicating the height of the existing house prior to building permit issuance and another height survey prior to
framing inspection indicating that the height of the addition is no taller than 27 feet, or no taller than the
erdsting house, whichever is less.
Although the project is significantly larger in floor area than other homes in the neighborhood on comparable
size lots, staff is not necessarily opposed to the size of the proposed house. As conditioned, the visual scale
and massing presented by the addition from directly adjacent off -site views (Hollencrest Drive and adjacent
neighbors) is insignificant due to the topography of the site; the subject lot's budding pad is higher than the
street and the addition would not be readily visible from pedestrians and vehicles passing by on Hollencrest
Drive. The neighboring property directly to the south is the Suburban Water company property.
The neighboring home directly to the east is located at a higher elevation with predominate hffi side views to
the north. While the proposed addition would impair westerly views from the east neighbors driveway, the
City does not have view protection laws.
The project does not have any privacy impacts to any of the surrounding neighbors
REQUIRED FINDINGS
CONDITIONAL USE PERMIT
1. The lot and proposed development is consistent with the general plan, zoning, and meets all other
applicable code requirements.
The lot and proposed building are consistent with the Residential Low (1.1-2.0 dwelling units per acre)
General Plan designation and "Single Family Residential" (R-1) zoning in that it consists of an addition to an
emdsting single-family home. The project meets all applicable requirements of the "Single Family Residential"
(R-1) Zone, Area District III.
2. The development utilizes building materials, color schemes and a roof style which blend with time
emdsting structure, if any, and results in a demeloprmment which is harmonious in scale and mass with the
surrounding residences.
The a)jsting house features a dutch gable roof. Design Option 1 of the roof design for the proposed addition
blends with the emdsting structureand is consistent with the architectural style of theerdsting houseand
homes in the neighborhood. The visual scale and massing presented by the addition from off -site (street and
residential) views is insignificant due to the topography of the site; the building pad is higher than the street
and the addition would notbe readily visible from pedestrians and vehicles passingby,while the neighboring
home directly to the eastis located on a higher elevation with hill side views directed north, the neighboring
property directly south is the Suburban Water company property.
3. The development is sensitive and not detrimental to convenience and safety of circulation for
pedestrians and vehicles.
The emdsting house is accessible from an existing driveway on Hollencrest Drive and the addition will not
negatively impact circulation or safety for pedestrians and vehicles. The subject property is developed with
setbacks greater than or equal to the minimum required by the Municipal Code. The proposed house with
additions does not have any effect on the convenience and safety of circulation for pedestrians or vehicles in
that it will not result in any visual obstructions adjacent to a right-of-way that would affect convenience and
safety of circulation for pedestrians and vehicles.
ATTACHMENT NO.7
4. The development can be adequately served by existing or required infrastructure and services.
The lot is adequately served by existing infrastructure (streets, sewer, water, etc.). The proposed additions are
not anticipated to require additional infrastructure or services beyond thatprovided for the existing residences
nearby. Therefore, the development can be adequately served by existing infrastructure and services.
5. The design of the structure has given consideration to the privacy of surrounding properties through
the usage and placement of windows and doors, cantilevers, decks, balconies, minimal retaining walls,
trees and other buffering landscaping materials.
The design of the house has given consideration to the privacy of the surrounding properties in that the area.
The area consists ofboth single -story and second -story homes on hillside lots with sloped topography. The
existing house is two -stories. The majority of all large windows on the proposed addition are facing the side
and rear of the house which overlooks the street.
6. The development is sensitive to the natural terrain, minimizes necessary grading, de-emphasizes
vertical massing which could disrupt the profile of a natural slope, and does not impede any scenic
vistas or views open to the public or surrounding properties.
The proposal is sensitive to the natural terrain in that there are no major terrain modifications. Any necessary
precise grading for construction will require that a grading permit be obtained from the Engineering Division.
The project proposes remodeling of an existing house and a second -story addition that would not impede any
scenic vistas. The neighboring home directly to the east is located at a higher elevation with predominate hill
side views to the north. While the proposed addition would impair westerly views from the east neighbor's
driveway, the City does not have view protection laws.
SLIGHT MODIFICATION
1. There are special circumstances (which may include, but are not limited to, size, shape, topography,
location or surroundings) applicable to the property which are not applicable to other property in the
property's vicinity under identical zoning classification.
The existing second -story home is over -height and is 27 feet tall; this nonconforming situation on site is
longstanding. The proposed second -story addition will match the height of the existing house in order to
integrate the addition to the existing structure.
2. As a resultof the special circumstances, the strict application of the zoning ordinance deprives the
property of meaningful privileges enjoyed by other property in the vicinity and under identical zoning
classification.
Liven that the existing house exceeds the 25-foot height limit for single-family residential homes by two feet,
the approval of a slight modification to allow the addition to exceed the 25-foot height limit is necessary in
order for the addition to match the height of the existing house and architecturally integrate/blend well with
the existing structure.
3. Such variance is necessary to allow the property in question to have the same substantial property
right possessed by other property in the same vicinity and zone.
The slight modification is necessary to allow for the proposed addition to be consistent with the previously
approved second -story.
4. The granting of such variance will not be materially detrimental to the public welfare or materially
ATTACHMENT NO.7
injurious to residents or owners of nearby properties.
Granting the slight modification will notbe materially detrimental or injurious to nearby property owners
as the existing house is longstanding and already exceeds the 25-foot height Imitation by 2 feet. The addition
will match the height of the existing house and building permits will be obtained to allow for the addition.
5. That the granting of such variance shall be consistent with the adopted general plan and any
applicable specific pans.
The General Plan land use designation for the site is Neighborhood - Low Density Residential. The height
variance is consistent with the General Plan land use designation in that it will not impact the use or increase
the density of the site.
6. The variance does not authorize a use or activity which is not otherwise expressly authorized by the
zoning regulations governing the parcel of property.
The property is located in the Single -Family Residential zone and is developed with a single-family
residential home. The height variance will not change the single-family residential use and zoning of the lot.
ENVIRONMENTAL DETERMINATION
Theproposalis considered robe categorically exempt, pursuant to Sections 15301 (Class 1, Fxdsting
Facilities) and 15303 (New Construction or Conversion of Small Structures) of the California Environmental
Quality Act (CFQA), as the proposalinvolves theremodel and additions to an existing structure.
STAFF RECOMMENDATIONS
Planning Staff recommends thatthePlanning Commission adopt a Resolutions No. 21-6066 and 21-
6067 approving Conditional Use Permit No. 20-07, Slight Modification No. 20-01, and Subcomnittee for
Design Review No. 20-36 with design Option 1.
LARGE ATTACHMENTS
Due to Covid-19, the set of plans are available for review with a scheduled appointment. Please contact the
Planning Division at (626) 939-8422 to schedule an appointment.
Submitted by: Jo -Anne Bums, Planning Manager
Attachments
Attachment No. 1 - Conditional Use Permit Resolution of Approval
Attachment No. 2 - Slight Modification Resolution of Approval
Attachment No. 3 - November 10 2020 Staff Report
Attachment No. 4 - Nov 10 2020 Meeting Minutes (Excerpt)
Attachment No. 5 - Story Pole Certification
ATTACHMENT NO.7
ATTACHMENT NO.8
AGENDA
DATE: February 23, 2021
ITEM NO.: 1
MINUTES
REGULAR MEETING OF THE PLANNING COMMISSION
CITY OF WEST COVINA
Tuesday, January 26, 2021
The regular meeting of the Planning Commission was called to order at 7:00 p.m. in the West
Covina Council Chambers. The Commission observed a moment of silent prayer/meditation and
Commissioner Becerra lead the Pledge of Allegiance.
SWEARING IN OF NEW COMMISSIONERS — The new Planning Commissioners were sworn in
by Assistant City Clerk Lisa Sherrick.
ROLL CALL
Present: Heng, Becerra, Gutierrez, Lewis, Williams
Absent: None
City Staff Present: Morales, Burns, Martinez
APPROVAL OF MINUTES:
1. Regular meeting, December 8, 2020
The minutes were approved as presented.
OTHER MATTERS OR ORAL COMMUNICATIONS
None
PUBLIC HEARINGS
2. CONDITIONAL USE PERMIT NO. 20-07
SLIGHT MODIFICATION NO.20-01
SUBCOMMITTEE FOR DESIGN REVIEW NO. 20-36
CATEGORICAL EXEMPTION
APPLICANT: Gerardo Limon
LOCATION: 1208 S. Hollencrest Drive
REQUEST: The applicant is requesting a Conditional Use Permit to allow for the
construction of a 1,868-square foot second -story addition, a 734-square foot
single -story addition, 952-square foot 3-car garage to replace the existing 2-car
garage, and a 520-square foot balcony to the existing 4,344-square foot second -
story single family residence. The proposed house will have a total floor area of
7,465-square feet exceeding the 5,000 square foot maximum unit size. The
PAPLANCOMNinutes\2021 MINUTESNinutes - 1.26.21.doc
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Paee 2 — January 26.2021
applicant is also requesting a Slight Modification to exceed the maximum 25-foot
building height by 2 feet.
Planning Manager Jo -Anne Burns presented the staff report. She also showed the
Commission pictures of the story poles and answered questions by the
Commission regarding the project.
Chairperson Heng opened the public hearing.
PROPONENTS:
Gerardo Limon, applicant, told the Commission that the property owners wanted
to make their home larger. He added that the story poles were installed to show
the size of the home with the addition, and that the neighbor's view would not be
blocked by the addition. He showed the Commission pictures and said the height
of the home would be consistent with other existing houses. He also pointed out
that the addition conformed to the Zoning Code. In addition the property owner
preferred the gable design and a more modern look. The Commission asked
height of the proposed home and difference between the gable and Dutch gable
roof.
OPPONENTS
Paul Maselbas, Don Holtz and Carlos Garay spoke in opposition to the request.
Mr. Maselbas said his concerns at the first hearing had been misrepresented and
told the Commission that the existing house is already 31% larger than the
average size of surroundings homes. He added that he had requested the story
poles to show how large the proposed home would be. Mr. Holtz expressed his
opposition to the size of the home because it would be too large. Mr. Garay said
he lives across the street from the project site (approximately 50 feet below the
proposed structure) and expressed his concern with the possible loss of his
privacy. He requested that the project be denied.
REBUTTAL:
Mr. Limon told the Commission that the project is the same as was presented at
the November 10, 2020 meeting and complied with all applicable zoning
requirements. He added there are larger homes in the area. In addition he added
that the radius of public hearing notification was 300 feet, and it was possible Mr.
Garay lived outside of that radius.
Chairperson Heng closed the public hearing.
There was a discussion by the Commission regarding the testimony during the
public hearing. The Commission discussed the conditional use permit process
with regard to this property, the number of homes in the subject area that are of
the same size, the size of the home once the project is completed and whether this
PAPLANCOMWinutes\2021 MINUTES\Minutes - 1.26.21.doc
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Paee 3 — January 26, 2021
project is in compliance with the General Plan. There was also a discussion with
City Attorney Ivy Tsai regarding restricting accessory dwelling units on this
Property.
Motion by Gutierrez to approve Option 2 with a reduction of 300 sq ft from the
project. The motion died for lack of a second.
Motion by Becerra, seconded by Lewis, to continue the public hearing to
February 23, 2021, recommending Option 2 with direction to staff to talk to the
applicant and City Attorney regarding the possibility of including a Condition of
Approval to prohibit the future addition of an ADU/JADU and to verify the
potential of not requiring the expansion of the garage Motion carried 5-0.
Chairperson Heng said this matter will be continued to the February 23, 2021
regular meeting.
3. PRECISE PLAN NO. 20-04
PROJECTS PURSUANT TO A SPECIFIC PLAN
APPLICANT: Charles Chipp Riddle III of Emanate Health
LOCATION: 1115 S. Sunset Avenue
REQUEST: Implementation of Phase I — expansion of the hospital including a
new 2-story medical office building, new emergency room and ICU Department,
and new 4-level parking within the 28.78 acre Queen of the Valley Hospital
Specific Plan area.
Planning Manager Jo -Anne Burns presented the staff report. During her
presentation she spoke about the amended mitigation measures. In addition, she
told the Commission that Robert Torres had submitted a letter requesting that a
fence be required between the Queen of the Valley property and the adjacent
property. In addition, Commissioner Gutierrez inquired about the possibility that
Queen of the Valley could be designated as a trauma center. There was a short
discussion regarding this matter.
Chairperson Heng opened the public hearing.
PROPONENTS:
Charles Chipp Riddle III, representing Emanate Health, spoke in favor of the
project. In addition he answered questions by the Commission regarding this
facility and how the Covid-19 Pandemic affected the development of the project.
He also answered questions by the Commission related to the number of Intensive
Care Rooms and negative pressure rooms would be available after it's
constructed.
OPPONENTS:
No one spoke in opposition to the project.
PAPLANCOMWinutes\2021 MINUTES\Minutes - 1.26.21.doc
ATTACHMENT NO.9
AGENDA
ITEM NO.4.
DATE: November 10, 2020
PLANNING DEPARTMENT STAFF REPORT
SUBJECT
CONDITIONAL USE PERMIT NO.20-07
SLIGHT MODIFICATION NO.20-01
SUBCOMMITTEE FOR DESIGN REVIEW 20-36
CATEGORICAL EXEMPTION
APPLICANT: Gerardo Limon
LOCATION: 1208 S Hollencrest Drive
REQUEST: The applicant is requesting a Conditional Use Permit to allow for the
construction of a 1,868-square foot second -story addition, a 734-square foot single -
story addition, 952-square foot 3-car garage to replace the existing 2-car garage, and a
520-square foot balcony to the existing 4,344-square foot second -story single-family
residence. The proposed house will have a total floor area of 7,465-square feet
exceeding the 5,000-square foot maximum unit size. The applicant is also requesting a
Slight Modification to exceed the maxbmmn 25-foot building height by 2 feet.
BACKGROUND
The project site is located on the north side of Hollencrest Drive, directly southeast of its
intersection with Casa Grande Drive/Hollenbeck Street. The lot is currently developed with
a 4,344-square foot two-story residence originally constructed in the 1960s with
additions/remodels completed in the late 1970s.
TEM
OESCRIPTION
ZONING AND GENERAL
'Residential Single Fan*' (R-1) and 'Neighborhood - Low
LAN[Density
Residential" (NL)
North: Residential Single Family (R-1); Residential Home
SURROUNDINGLAND
South: Residential Single Family (R-1); Suburban Water Systems
USES AND ZONINGEast:
Residential Single Family (R-1); Residential Home
West: Residential Single Family (R-1); Residential Home
WCURRENT
EVELOPMENT
Single Family Residential Home
�kegall Notice was published in the San Gabriel Valley Tribune, and
EGAL NOTICE
as mailed to 35 owners and occupants of the properties located
ithin 300 feet of the subject site.
DISCUSSION
The project site is in the "Single -Family Residential' (R-1) zone, Area District III. The
neighborhood is characterized with two-story and/or split level homes on hiMside lots
with building pads above street level The project involves the construction of a 1,868-
square foot second -story addition, a 734-square foot single -story addition, a 952-
square foot 3-car garage to replace the existing 2-car garage, and a 520-square foot
balcony. The total proposed net addition to the existing house is 3,120 square feet (1st
floor addition + 2nd floor addition + garage addition, minus credit for existing
garage).
Conditional Use Permit (CUP
The proposed addition requires a Conditional Use Permit because it exceeds the 25%
threshold of the 4,000 square -foot maximum unit size for lots between 20,000 and
24,999 square feet.
The existing two-story home is 4,344 square feet and the applicant is proposing to add
on 3,120 square feet for a total of 7,646 square feet.
The proposed addition features large exterior windows, gray shade concord double
vinyl siding, an offset 3-car garage, and one balcony to the rear of the property. The
interior layout would provide seven bedrooms, five bathrooms, one powder room, one
baby room, a dining area, a living room, a family room a laundry room, and a kitchen.
The residence has an existing balcony, two attached patios, and one detached patio.
The applicant is proposing two different roof designs for the proposed addition.
Option 1 is proposing a dutch gable roof for the new second story addition to match
the existing residence. Option 2 is proposing a gable roof for the new second story
addition and keeping the dutch gable roof of the existing residence.
Staff Survey of Surrounding Residences
Staff review of the neighborhood surrounding the subject property found that the area
consists of single -story and second -story houses that were constructed from 1951 to
1977. Staff conducted a survey of 13 homes surrounding the subject property. The
houses in the survey are located on Hollencrest Drive, Hollenbeck Street, South Hills
Drive, Casa Grande Drive, Shasta Street, and Merced Avenue.
The following chart shows the mean and median lot size, square footage of the homes,
and floor area ratio of the surveyed homes. The mean is the average of all 13 homes,
and the median is the number that falls directly in the middle of listed in numerical
order for the addition to match the height of the existing house and architecturally integrate/blend well with the
existing structure.
3. Such variance is necessary to allow the property in question to have the same substantial property right
possessed by other property in the same vicinity and zone.
The slight modification is necessary to allow for the proposed addition to be consistent with the previously
approved second -story.
4. The granting of such variance will not be materially detrimental to the public welfare or materially
injurious to residents or owners of nearby properties.
Granting the slight modification will not be materially detrimental or injurious to nearby property owners
as the existing house is longstanding and already exceeds the 25-foot height limitation by 2 feet. The addition
will match the height of the existing house and building permits will be obtained to allow for the addition.
5. That the granting of such variance shall be consistent with the adopted general plan and any applicable
specific plans.
The General Plan land use designation for the site is Neighborhood - Low Density Residential. The height
variance is consistent with the General Plan land use designation in that it will not impact the use or increase
the density of the site.
6. The variance does not authorize a use or activity which is not otherwise expressly authorized by the
zoning regulations governing the parcel of property.
The property is located in the Single -Family Residential zone and is developed with a single-family residential
home. The height variance will not change the single-family residential use and zoning of the lot.
LEGAL REVIEW:
The City Attorney's Office has reviewed the resolutions and approved them as to form.
OPTIONS:
The City Council has the following options:
1. Deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. 20-
07/Subcommittee for Design Review No. 20-36 and Slight Modification No. 20-01; or
2. Deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. 20-
07/Subcommittee for Design Review No. 20-36 and Slight Modification No. 20-01 with modifications
to the conditions of approval; or
3. Approve the appeal and overturn the Planning Commission's approval of Conditional Use Permit No.
20-07/Subcommittee for Design Review No. 20-36 and Slight Modification No. 20-01; or
4. Continue the hearing to the May 4, 2021 City Council Meeting with direction to the applicant to revise
plans.
ENVIRONMENTAL REVIEW:
The proposal is considered to be categorically exempt, pursuant to Sections 15301 (Class 1, Existing
Facilities) and 15303 (New Construction or Conversion of Small Structures) of the California Environmental
Quality Act (CEQA), as the proposal involves the remodel and additions to an existing structure.
Prepared by: Jo -Anne Burns, Planning Manager
order.
LOT SITE FLOOR AREA I FLOOR AREA RATIO
MEAN 24,063 sq ft F 3,855 sq ft 1 19%
MEDIAN 16,467 sq ft 3,453 sq ft 1 19%
SUBJECT PROPERTY 23,160 sq 1 7,465 sq It r 32%
Although the proposed home would be approximately 94% larger than the average
size house within the surveyed area, there is one other house in the immediate
neighborhood larger than the proposed house (largest house is 10,113 square
feet). However, the largest house in the area, is also on the largest lot in the
neighborhood (106,757 square feet) and has a much smaller floor area ratio of 9%.
The second largest house in the surveyed area is 4,932 square feet and is on a 22,206
square foot lot with a 22% percent floor area ratio. The floor area ratio for the
surveyed homes range from 9% to 25%. In terms of size, the house with the proposed
addition, is significantly larger in floor area than other homes in the area on
comparable size lots. However, staff is not necessarily opposed to the size of the
proposed home because, as conditioned, the visual scale and massing presented by the
addition from off -site (street and residential) views is insignificant due to the
topography of the site; the building pad is higher than the street and the addition
would not be readily visible from pedestrians and vehicles passing by, while the
neighboring home directly to the east is located on a higher elevation with hill side
views to the north and the neighboring property directly south is the Suburban Water
company property.
Slight Modification
The applicant is also requesting a Slight Modification to exceed the maximum 25-foot
building height by 2 feet in order to continue the height of the existing house. The
existing house is 27-0" in height as measured from the lowest adjacent grade to the
top of the ridge, the proposed addition will be the same height as the existing house.
Since the existing house is long-standing, granting of the slight modification is
necessary to accommodate the addition.
Subcommittee for Design Review
Since the Conditional Use Permit application requires Planning Commission review
and approval, the design review aspect of the project has been forwarded to the
Planning Commission to promote efficiency in project review. The following is a
discussion of Subcomarittee Guidelines for new two-story additions:
1. Design the two-story house or addition so that all setbacks, including second
story, have been met. The proposed two-story single-family homes are in compliance
with all applicable setback requirements.
The proposed house complies with all setback requirements. The proposed fast story
of the house will be 33 feet 5 inches from the front property line, 21 feet 2 inches from
the east side property line, and 15 feet 9 inches from the north rear property line. The
second story is setback 30 feet 5 inches from the front property line, 21 feet 2 inches
from the east side property line, 29 feet 4 inches from the rear property line.
2. In area that is predominantly one story, it is encouraged that the size of the
second story be reduced in relation to the ground floor. A smaller second floor will
not appear as massive or boxy. (Plate height shall be consistent with the first story
of the house)
The subject property is located in a neighborhood that is composed of both single -
story and second -story homes. With the proposed addition the house would have a
3,371 square foot first -floor and a 3,142-square foot second floor. The proposed plate
height for the second floor is 4 inches lower than the first floor plate height and the
proposed first floor area is larger than the second floor area for the proposed home.
3. New two-story additions can result in privacy impacts to neighboring properties.
Design the second story to reduce or eliminate the need for windows on the side
elevations. High windows that allow light in but restrict views onto neighboring
properties may also reduce privacy impacts. In an area that is predominately one
story, the elements of the house usually emphasize the horizontal. Many modern
two-story designs emphasize the vertical through two-storyporches with tall
columns, tall windows, and two-storyfront elevations with no horizontal breaks.
These elements are generally out -of -character with a one-story neighborhood.
The proposed two-story home abuts split-level and two-story homes. The proposed
addition will not have any privacy impacts to the surrounding neighbors because it
overlooks the street and the proposed balcony is oriented towards bill side views to the
north.
4. When adding a second -story elevation in a one-story area, it is encouraged to
provide a significant second -story setback on the front elevation. By adding back the
second storyfrom the first story, the front of the house will fit better in the context
of a one-story neighborhood.
The site is located in a predominately two-story neighborhood. The proposed house
will provide sufficient first floor and second floor setbacks.
5. In an area that is predominately one story, the addition of a second -story balcony,
especially in a flatland neighborhood, can have an effect on privacy. In these areas,
balconies in rear yards are discouraged.
The applicant is proposing balconies on the west side of the proposed house. The
proposed balcony will have nini nal privacy impacts; the balcony on the west side
will be overlooking the back yard and the street.
6. When designing a second -story addition, consider that all sides of the second
story are visible. Window treatment on second -story windows is encouraged
All proposed windows include stucco trim
7. Discuss your proposed house or addition with adjacent neighbors. An
administrative use permit or conditional use permit requires written notification to
all property owners and residents within 300 feet of the property.
The city sent out a public hearing notice to 35 property owners and occupants within
the 300-foot radius.
8. Landscaping that is removed or destroyed during the construction process shall
be replaced prior to final inspection.
The proposal is not removing landscaping.
9. Provide the City -owned parkway width for the strip of property between the
private property and the street. (This area is to allow for sidewalks or the widening
of the street.)
The applicant has illustrated the city -owned parkway width on the site plan.
REQUIRED FINDINGS
CONDITIONAL USE PERMIT
1. The lot and proposed development is consistent with the general plan, zoning,
and meets all other applicable code requirements.
The lot and proposed building are consistent with the Residential Low (1.1-2.0
dwelling units per acre) General Plan designation and "Single Family Residential" (R-
1) zoning in that it consists of an addition to an existing single-family home. The
project meets all applicable requirements of the "Single Family Residential" (R-1)
Zone, Area District III.
2. The development utilizes building materials, color schemes and a roof style
which blend with the existing structure, if any, and results in a development
which is harmonious in scale and mass with the surrounding residences.
The existing house features a dutch gable roof . Design Option 1 of the roof design
for the proposed addition blends with the existing structure and is consistent with the
architectural style of the existing house and homes in the neighborhood. The visual
scale and massing presented by the addition from off -site (street and residential) views
is insignificant due to the topography of the site; the building pad is higher than the
street and the addition would not be readily visible from pedestrians and vehicles
passing by, while the neighboring home directly to the east is located on a higher
elevation with hill side views directed north, the neighboring property directly south is
the Suburban Water company property.
3. The development is sensitive and not detrimental to convenience and safety of
circulation for pedestrians and vehicles.
The existing house is accessible from an existing driveway on Hollencrest Drive and
the addition will not negatively impact circulation or safety for pedestrians and
vehicles. The subject property is developed with setbacks greater than or equal to the
minimum required by the Municipal Code. The proposed house with additions does
not have any effect on the convenience and safety of circulation for pedestrians or
vehicles in that it wiR not result in any visual obstructions adjacent to a right-of-way
that would affect convenience and safety of circulation for pedestrians and vehicles.
4. The development can be adequately servedby existing or required
infrastructure and services.
The lot is adequately served by existing infrastructure (streets, sewer, water, etc.). The
proposed additions are not anticipated to require additional infrastructure or services
beyond that provided for the existing residences nearby. Therefore, the development
can be adequately served by existing infrastructure and services.
5. The design of the structure has given consideration to the privacy of
surrounding properties through the usage and placement of windows and doors,
cantilevers, decks, balconies, minimal retaining walls, trees and other buffering
landscaping materials.
The design of the house has given consideration to the privacy of the surrounding
properties in that the area. The area consists of both single -story and second -story
homes on hillside lots with sloped topography. The existing house is two -stories. The
majority of all large windows on the proposed addition are facing the side and rear of
the house which overlooks the street.
6. The development is sensitive to the natural terrain, minimizes necessary
grading, de-emphasizes vertical massing which could disrupt the profile of a
natural slope, and does not impede any scenic vistas or views open to the public
or surrounding properties.
The proposal is sensitive to the natural terrain in that there are no major terrain
modffications. Any necessary precise grading for construction will require that a
grading permit be obtained from the Engineering Division. The project proposes
remodeling of an existing house and a second -story addition that would not impede
any scenic views from surrounding properties.
SLIGHT MODIFICATION
1. There are special circumstances (which may include, but are not limited to,
size, shape, topography, location or surroundings) applicable to the property
which are not applicable to other property in the property's vicinity under
identical zoning classification.
The existing second -story home is over -height and is 27 feet tall; this nonconforming
situation on site is longstanding. The proposed second -story addition will match the
height of the existing house in order to integrate the addition to the existing structure.
2. As a result of the special circumstances, the strict application of the zoning
ordinance deprives the property of meaningful privileges enjoyed by other
property in the vicinity and under identical zoning classification.
Given that the existing house exceeds the 25-foot height limit for single-family
residential homes by two feet, the approval of a slight modification to allow the
addition to exceed the 25-foot height limit is necessary in order for the addition to
match the height of the existing house and architecturally integrate/blend well with the
existing structure.
3. Such variance is necessary to allow the property in question to have the same
substantial property right possessedby other property in the same vicinity and
zone.
The slight modification is necessary to allow for the proposed addition to be consistent
with the previously approved second -story.
4. The granting of such variance will not be materially detrimental to the public
welfare or materially injurious to residents or owners of nearby properties.
Granting the slight modification will not be materially detrimental or injurious to
nearby property owners as the existing house is longstanding and already exceeds the
25-foot height limitation by 2 feet. The addition will match the height of the existing
house and building permits will be obtained to allow for the addition.
5. That the granting of such variance shall be consistent with the adopted general
plan and any applicable specific plans.
The General Plan land use designation for the site is Neighborhood - Low Density
Residential. The height variance is consistent with the General Plan land use
designation in that it will not impact the use or increase the density of the site.
6. The variance does not authorize a use or activity which is not otherwise
expressly authorized by the zoning regulations governing the parcel of property.
The property is located in the Single -Family Residential zone and is developed with a
single-family residential home. The height variance will not change the single-family
residential use and zoning of the lot.
ENVIRONMENTAL DETERMINATION
The proposal is considered to be categorically exempt, pursuant to Sections 15301
(Class 1, Existing Facilities) and 15303 (New Construction or Conversion of Small
Structures) of the California Environmental Quality Act (CEQA), as the proposal
involves the remodel and additions to an existing structure.
CONCLUSION
The project consists of a 1,868-square foot second -story addition, a 734-square foot
single -story addition, 952-square foot 3-car garage to replace the existing 2-car
garage, and a 520-square foot balcony to the existing 4,344-square foot second -story
single-family residence. The proposed house will have a total floor area of 7,465-
square feet exceeding the 5,000-square foot maximum unit size. The applicant is also
requesting a Slight Modification to exceed the maximum 25-foot budding height by 2
feet.
STAFF RECOMMENDATIONS
Planning Staff recommends that the Planning Commission adopt a resolution
approving Conditional Use Pemrit No. 20-07, Slight Modification No. 20-01, and
Subcomnnttee for Design Review No. 20-36 with design Option 1.
LARGE ATTACHMENTS
Due to Covid-19, the set of plans are available for review with a scheduled
appointment. Please contact the Planning Division at (626) 939-8422 to schedule an
appointment.
Submitted by: Carn lia. Martinez, Assistant Planner
Attachments
Attachment No. 1 - Resolution (CUP)
Attachment No. 2 - Resolution (SM)
Planning Commission Minutes
Paee 3 — November 10, 2020
REBUTTAL:
ATTACHMENT NO. 10
The applicant's representative, Mr. Kim, told the Commission that he understands
the Commission's concern with students at the tutoring centers/schools being
protected from people under the influence; however, he reminded the Commission
that the business is a restaurant, not a bar.
Chairperson Heng closed the public hearing.
There was a discussion by the Commission regarding the location of the schools in
the shopping center. At the conclusion of the discussion, it was the consensus of the
Commission that students at the schools would not be adversely affected by the sales
of alcoholic beverages in the restaurant. In addition, the Commission discussed the
length of time the restaurant had been operating and Department of Alcoholic
Beverage Control regulations due to the Covid-19 pandemic.
Motion by Redholtz, seconded by Jaquez, to waive further reading and adopt
Resolution No. 20-6048, approving Administrative Use Permit No. 20-18. Motion
carried 3-2 (Kennedy, Holtz opposed.)
This action is final unless appealed to the City Council within ten (10) days.
4. CONDITIONAL USE PERMIT NO.20-07
SLIGHT MODIFICATION NO.20-01
SUBCOMMITTEE FOR DESIGN REVIEW NO.20-36
CATEGORICAL EXEMPTION
APPLICANT: Gerardo Limon
LOCATION: 1208 S Hollencrest Drive
REQUEST: The applicant is requesting a Conditional Use Permit to allow for the
construction of a 1,868-square foot second -story addition, a 734-square foot single -
story addition, 952-square foot 3-car garage to replace the existing 2-car garage, and
a 520-square foot balcony to the existing 4,344-square foot second -story single
family residence. The proposed house will have a total floor area of 7,465-square
feet exceeding the 5,000 square foot maximum unit size. The applicant is also
requesting a Slight Modification to exceed the maximum 25-foot building height by
2 feet.
Commissioner Holtz recused himself because he lives within 300 feet of the project
and left the Chambers.
Assistant Planner Camillia Martinez presented the staff report. She reviewed various
features of the proposed home and presented two options for the roof design. Staff
recommended Option No. 1.
Chairperson Heng opened the public hearing.
P:\PLANCOM\Minutes\2020 MINUTES\Minutes - 11. 10.20.doc
Planning Commission Minutes
Paee 4 — November 10, 2020
PROPONENTS:
Chen Jian spoke to the Commission regarding the request. There was a discussion
between Ernesto Esquer, the property owner and the Commission regarding the view
and the height of the proposed addition.
OPPONENTS:
Paul Maselbas, resident, spoke to the Commission regarding his concern with the
size of the home with the proposed addition. There was a discussion between the
opponent and the Commission. Mr. Maselbas requested that story poles be used to
measure the size of the proposed addition and determine whether it would block his
view.
REBUTTAL
Gerardo Limon, applicant, addressed the comments by the opponent and agreed to
utilize story poles. Fernando Solis spoke to the Commission about the differences in
grading in the area.
There was a lengthy discussion by the Commission regarding the testimony in
rebuttal to the opponents.
Motion by Jaquez, seconded by Heng, to continue this matter to the December 8,
2020 regular meeting to allow the applicants to install story poles, prepare a
presentation of the difference in grades, and prepare an elevation of the new
proposed roof line. Motion carried 3-1 (Redholtz opposed, Holtz recused.)
5. CONDITIONAL USE PERMIT NO.20-10
CATEGORICALLY EXEMPT
APPLICANT: George Botros
LOCATION: 2847 Countrywood Lane
REQUEST: The applicant is requesting a conditional use permit for a Large Home
to construct a 196-square foot first floor addition to the existing two-story single-
family residence. The house with the proposed addition would be 5,067 square feet,
which exceeds the 3,999 square foot maximum unit size by 1,068 square feet.
Assistant Planner Rene Aguilar presented the staff report. He told the Commission
this was an extension to the rear of the home to enlarge the kitchen, family room and
breakfast area. Staff recommended approval of the project.
Chairperson Heng opened the public hearing.
P:\PLANCOM\Minutes\2020 MINUTES\Minutes - 11. 10.20.doc
ATTACHMENT NO. 11
PETITION TO WEST COVINA PLANNING COMMISSION
JAN UARY 23, 2021
PETITION ORGANIZER: PAUL H. MASELBAS
1216 HOLLENCREST DR
WEST COVINA
(626) 419-6390
WE, THE UNDERSIGNED, PETITION THE WEST COVINA PLANNING COMMISSION TO DENY THE APPLICATION
FOR CONDITIONAL USE PERMIT NO. 20-07 AND SLIGHT MODIFICATION NO. 20-01 TO CONSTRUCTAN ADDITION
TO AN EXISTING 4,344 SQUARE FOOT HOUSE LOCATED AT 1208 S. HOLLENCREST DRIVE TO A NEW TOTAL FLOOR
AREA OF 7,465 SQUARE FEET, EXCEEDING THE 5,000 SQUARE FOOT MAXIMUM HOUSE SIZE ALLOWED UNDER CITY
ORDINANCE AND EXCEEDING THE 2S-FOOT ALLOWABLE HEIGHT MAXIMUM BY 2 FEET.
NAME
DATE ADDRESS
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Fiscal Impact
FISCAL IMPACT:
The addition will be reported to the Los Angeles County Assessor's Office. The Los Angeles County
Assessor's Office will reassess the property taxes for the lot due to the addition, and the City will receive its
share of the reassessed value. Staff time was incurred in the preparation of the report, which falls under the
normal course work and is partially reimbursed by the appeal fee.
Attachments
Attachment No. 1 - Resolution No. 2021-21
Attachment No. 2 - Resolution No. 2021-22
Attachment No. 3 - Planning Commission CUP Approval Resolution
Attachment No. 4 - Planning Commission Slight Modification Approval Resolution
Attachment No. 5 - February 23 2021 Staff Report
Attachment No. 6 - Feb 23, 2021 Minutes (Excerpt)
Attachment No. 7 - January 26 2020 Staff Report
Attachment No. 8 - Jan 26, 2021 Minutes (Excerpt)
Attachment No. 9 - November 10, 2020 Staff Report
Attachment No. 10 - Nov 10, 2020 Meeting Minutes (Excerpt)
Attachment No. 11 - Neighbor Petition in Opposing
Attachment No. 12 - Site Photograph
CITY Enhance the City Image and Effectiveness
COUNCIL
GOALS &
OBJECTIVES:
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ATTACHMENT NO.12
Downslope View of Appellant's Property from the Project Site's Backyard
Downslope View of Appellant's Property from the 2nd Floor Addition (approx. location)
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RESOLUTION NO. 2021-21
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA,
UPHOLDING THE PLANNING COMMISSION'S
DECISION AND APPROVING CONDITIONAL USE
PERMIT NO. 20-07 AND SUBCOMMITTEE FOR
DESIGN REVIEW NO. 20-36 AT 1208 S.
HOLLENCREST DRIVE
WHEREAS, the applicant, Gerardo Limon, filed with this City a verified application on the
forms prescribed by the City requesting approval of a conditional use permit under the provisions of
Chapter 26, Article VI of the West Covina Municipal Code, to allow:
A "Large Home" that exceeds the maximum unit size by more than 25 percent
On that certain property described as follows:
Assessors Parcel No. 8493-010-017, as listed in the records of the office of the Los Angeles
County Assessor; and
WHEREAS, the Planning Commission, upon giving the required notice, did on November
10, 2020, January 26, 2021, and February 23, 2021 conduct duly advertised public hearings as
prescribed by law to consider said application; and
WHEREAS, on March 3, 2021, Karla Pizano and Carlos Garay (together, "appellant") filed
an appeal of the Planning Commission's decision with the City; and
WHEREAS, the City Council upon giving the required notice, did on April 6, 2021,
conduct a duly noticed public hearing to consider the appeal and conditional use permit
application; and
WHEREAS, studies and investigations made by the City Council and on its behalf reveal
the following:
1. The applicant is proposing to construct a 1,644-square foot second -story addition, a
654-square foot single -story addition, 952-square foot 3-car garage to replace the
existing 2-car garage, and a 520-square foot balcony to the existing 4,344-square foot
second -story single-family residence. The proposed house will have a total floor area
of 7,160-square feet.
2. Findings necessary for approval of a conditional use permit for a "Large Home" as
follows:
a. The lot and proposed development is consistent with the general plan, zoning and
meets all other applicable code requirements.
b. The development utilizes building materials, color schemes and a roof style which
blend with the existing structure, if any, and results in a development which is
harmonious in scale and mass with surrounding residences.
C. The development is sensitive and not detrimental to convenience and safety of
circulation for pedestrians and vehicles.
d. The development can be adequately served by existing or required infrastructure
and services.
e. The design of the structure has given consideration to the privacy of surrounding
properties through the usage and placement of windows and doors, cantilevers,
decks, balconies minimal retaining walls, trees and other buffering landscaping
materials.
f. The development is sensitive to the natural terrain, minimizes necessary grading,
de-emphasizes vertical massing which could disrupt the profile of a natural slope
and does not impede any scenic vistas or views open to the public or surrounding
properties.
3. The proposal is considered to be categorically exempt, pursuant to Section 15301
(Class 1, Existing Facilities) of the California Environmental Quality Act (CEQA)
since the applications consist of a remodel of an existing structure.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. On the basis of the evidence presented, both oral and documentary, the City
Council makes the following findings:
a. The lot and proposed building are consistent with the Residential Low (1.1-2.0
dwelling units per acre) General Plan designation and "Single Family
Residential" (R-1) zoning in that it consists of an addition to an existing single-
family home. The project meets all applicable requirements of the "Single Family
Residential" (R-1) Zone, Area District III.
b. The roof design for the proposed addition blends with the existing structure and
is consistent with the architectural style of the existing house and homes in the
neighborhood. The proposed addition is harmonious in scale and mass with
surrounding residences given that all properties directly abutting the project site
are developed with two-story homes. The visual scale and massing presented by
the addition from Hollencrest Drive and abutting residential properties is
insignificant due to the topography of the site; the building pad is higher than the