Resolution - 9505Is
RESOLUTION NO. 9505
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA DENYING ADMINISTRATIVE USE PERMIT NO.
3.
WHEREAS, on August 26, 1997, the Planning Commission approved
Administrative Use Permit No. 3, allowing for the construction of a 2,124-square foot
addition to an existing 1,850-square foot residence on a 14,070-square foot lot in the
Single -Family Residential (R-1), Area District IIA, Hillside Overlay zone, on that certain
property generally described as follows:
Lot 26 of Tract No. 18575, in the City of West Covina, County of Los
Angeles, State of California, as per map recorded in Book 551, Pages 1
through 3, inclusive of maps, in the Office of the County Recorder of said
County; and
WHEREAS, on September 2, 1997, an appeal of the Planning Commission's
decision was filed claiming that the project fails to meet three (3) of the findings required
in Section 296.1300 of the West Covina Municipal Code (WCMC); and
WHEREAS, the City Council did, at a duly noticed public hearing on September
16, 1997, conduct a hearing to consider de novo the approval of Administrative Use
Permit No. 3; and
WHEREAS, based upon the public testimony, both oral and documentary,
received at the public hearing, the proposed large expansion room addition would result
in an undesirable change of character of the residential neighborhood by allowing an
excessively large and massive home in the neighborhood; and
WHEREAS, studies and investigations made by the City Council and in its behalf
reveal the following facts:
1. The applicant is requesting approval of an administrative use permit for a large
expansion to construct a 2,124 square foot addition to an existing 1,850 square
foot single-family residence resulting in a total living area of 3,974 square feet.
2. The proposed project does not represent a change in the density of surrounding
residential development.
3. Approval of the administrative use permit to allow the large expansion room
addition could result in a deterioration of the established sense of community
within the neighborhood.
4. Appropriate findings for approval of a large expansion are 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 the 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.
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Resolution No.
Appeal of Administrative Use Permit No. 3
October 7, 1997 - Page 2
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
Is 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.
5. This project is categorically exempt pursuant to Section 15301, Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA) of 1970, as
amended, because the proposed additions are less than 10,000 square feet in
area.
NOW, THEREFORE, the City Council of the City of West Covina does resolve as
follows:
1. On the basis of the evidence presented, both oral and documentary, for
Administrative Use Permit No. 3, the City Council finds and determines that the
following findings cannot be made for approval:
a. The proposed large expansion addition is not consistent with applicable
general and specific plans in that it will alter the character of the
neighborhood, which undermines one of the primary goals of the Land
Use Element of the City's General Plan. The Land Use Element goal is to
"preserve the essential residential character of West Covina- A City of
Beautiful Homes". The proposed project will result in the creation of a
home which is overbuilt in comparison with the other homes in the
neighborhood. Consequently, the general character of the neighborhood
will be altered and could set a precedent for the future which would further
erode the sense of a neighborhood within the community.
b. Although the proposed residence utilizes building materials, a color
scheme, and a roof style that blends with the existing structure, the
proposed project is not harmonious in scale and mass with the
surrounding residences. The proposed project will result in a home that is
3,974± square feet in size which is overbuilt in comparison with the mass
and scale of homes within the neighborhood. This addition would result in
a home approximately twice the size of the surrounding homes in the
neighborhood. The proposed second story addition is located within a
neighborhood that is comprised almost entirely of single -story homes. The
applicant's proposed second story addition alone consisting of 1,495±
square feet in area which almost doubles the size of the existing home.
This second story addition will be inherently incompatible with the mass
and scale of all the other single story homes within the neighborhood. In
addition, the resulting size of the home at 3,974± square feet is
substantially larger than the homes in the neighborhood, which are
' generally within 1,800 square feet to 2,500 square feet in area. No home
is at or near the size of the home that the applicant proposes to construct.
Granting approval of the administrative use permit to allow this project
may also establish a trend within the neighborhood which results in
homes that appear overbuilt for the neighborhood. This trend could then
erode the sense of community that has existed within this neighborhood
for more than 40 years.
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Resolution No.
Appeal of Administrative Use Permit No. 3
October 7, 1997 - Page 3
e. The proposed project has the potential to result in a loss of privacy to
surrounding residents. The adjoining homes and the majority of homes
within the neighborhood are single -story. However, the applicant has
proposed a second story addition which will inherently diminish the
privacy of surrounding homeowners. The presence of second story
balconies and windows will result in a loss of privacy that will diminish the
enjoyment and use of their homes and back yards.
2. That pursuant to all of the evidence presented, both oral and documentary, and
further based on the failure to make the required findings above, Administrative
Use Permit No. 3 is denied. The decision of the City Council is final.
3. That the City Clerk shall certify to the adoption of this resolution.
ADOPTED AND APPROVED this 7th day of October, 1997.
ATTEST:
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City Clerk
I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the
foregoing Resolution was adopted by the City Council of the City of West Covina, at a
regular meeting held on the 7th day of October, 1997, by the following vote, to wit:
AYES: Herfert, Melendez, Touhey
NOES: Howard, Wong
ABSENT: None
DATE: October 7, 1997
APPROVED AS TO FORM:
City Attorney
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