Resolution - 2021-22RESOLUTION 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 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 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 ofa 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 ofnearby properties.
e. That the granting of such variance shall be consistent with the adopted general
plan and any applicable specific plans.
£ The variance does not authorize ause 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:
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 ofthe 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 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.
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 ofthe site.
E 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 ofthe lot.
SECTION 2. Pursuant to all ofthe 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 ofthe West
Covina Municipal Code, provided that the physical development ofthe 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 ofsaid conditional use permit by the Planning Commission
or City Council.
SECTION 3. The slight modification shall not be effective for any purpose until the owner
ofthe 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 ofthe 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. 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 fallowing
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 111, 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 (1 st 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.
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 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 ofproject 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) 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
3. Required Fire Flow of 1,125 GPM @ 20 psi for 2 hours
4. Ensure I 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 awith self-closing/self-latching door
8. Additional Fire Department requirements may beset upon firture 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
h"s//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 ofLID.
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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. Fine 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.
d. Estimated volume of waste materials that will be landfilled.
e. Identify any special or specific activities that will be used to cornply
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
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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.
SECTION 6. The City Clerk shall certify to the adoption ofthis Resolution and shall enter
it into the book of original resoMions.
APPROVED AND ADOPTED on this 6th day of April, 2021.
et!ss'�
Mayor
APPROVE TO FORM ATTEST
r�
Thomas P. D e Lis herrick
City Attorney A tant City Clerk
I, LISA SIIERRICK, 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: Castellanos, Diaz, Lopez-Viado, Tabatabai, Wu
NOES: None
ABSENT: None
ABSTAIN: None
Lisa Wrrick
Ass' t City Clerk