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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 Planning Commission Minutes 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 Planning Commission Minutes 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 �U V1G � 1 lPd1l�'✓L I " Z3-7-U, ZI3-35 C cA5 A l7iJ-1)0 02 Z, l c i [� . QJ d , /- .%7.3 '2 c7,2 S .5. 5'llLI 1%S 1�12 i c1 • � 17 f i/ • j r-rL�-�n.-'� :.ram .; • `- r f f /" OA-iR �\ V t-.L.k. N L�XS -r S-c . c- Mr s C- '(licl� 1 - �q -" CMA- �a CP I -1 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: C� I � c 2J N 4� A w ro ® ( G 6 < � P� � p m D 23 m y T m 0 n V v; O m Aa d Z vrni Z O O N 6) z C A D C m A A m m m N z m A m GI 1 m X � O m N m Oz LP Q O Q 00 C O D = m ZD ID r m r O � C, m D Q G1 = N � O K O D D O 0 0 CX X m Z Z m 9 Z < � m O � N A O m < n v m O m 0 N m � D D A r C r z n O m � D O Z O D Z D m m 1 A p O n O Z A 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) /:UWII:�yrlur�l�Yli�[I][I 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