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Resolution - 2021-21RESOLUTION 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: Assessor's Parcel No. 8493-010-017, as listed in the records ofthe office ofthe 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 ofthe 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 infiastructure and services. e. The design ofthe 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. E 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 ofthe "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 ofthe site; the building pad is higher than the street and the addition would not be readily visible from pedestrians and vehicles passing by (on Hollenerest 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 Hollenerest 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 infiastructure and services. e. The design ofthe house has given consideration to the privacy ofthe 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 ofthe house which overlooks the street. E 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 world 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 Endings above, the City Council upholds the decision of the Planning Commission, and Conditional Use Permit No. 20-07 is approved subject to the provisions ofthe 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 Certifcate 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 tine 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 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. 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 ofthe 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 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. This development shall conform to all applicable Municipal regulations, Fie, Building, Mechanical, Electrical, Plumbing codes and recognized, approved, standards of installation. C. 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 ofthis 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 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 Dendine expiration of the subject entitlement.. M. FIRE DEPARTMENT I. NFPA 13D/13R/13 Fie 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 Fie Department requirements may be set upon fixture 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 ofthe 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. 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 httpsl/www.westcovina.org/home/showdocument?id=18427 6. Comply with all regulations of the Los Angeles Regional Water Quality Control Board and Article II of Chapter 9 ofthe 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 fiom 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. WCMC23- 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 ofthe 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. SECTION 6. The City Clerk shall certify to the adoption ofthis Resolution and shall enter it into the book of original resolutions. APPROVED AND ADOPTED on this 6th day of April, 2021. APPROVED AS TO FORM A n1l, V- Thomas Y. f5uMAV City Attorney ATTEST Lisa errick A ' nt 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: Castellanos, Diaz, Lopez-Viado, Tabatabai, Wu NOES: None ABSENT: None ABSTAIN: None (d� , Lisa S rick Assis&4t City Clerk