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Resolution - 2006-103RESOLUTION NO. 2006-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OVERTURNING THE DECISION OF THE PLANNING COMMISSION AND APPROVING ADMINISTRATIVE USE PERMIT NO. 06-49 • ADMINISTRATIVE USE PERMIT NO. 06-49 CATEGORICAL EXEMPTION APPLICANT: Gunnar and Connie Von Kohler LOCATION: Vacant lot behind 501 N. Vincent Avenue WHEREAS, there was filed a verified application on forms as prescribed, a request for an administrative use permit to approve a maximum unit size exception to allow for the construction of a 3,252-square foot home, including a 1,709-square foot first floor (including a 411-square foot garage) and a 1,543-square foot second -floor, on that certain property generally described as: Assessor's Parcel No. 8457-001-011, 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 14`h and 281h days of November, 2006, conduct a duly advertised public hearing as prescribed by law to consider said application; and WHEREAS, the Planning Commission did adopt Resolution No. 06-5187 denying the application; and WHEREAS, on December 5, 2006, an appeal of the Planning Commission action was filed by Gunnar and Connie von Kohler; and WHEREAS, the City Council did, on the 19`h day of December, 2006, conduct a duly advertised public hearing as prescribed by law, and considered evidence presented by the Planning Commission, Planning Department, and other interested parties; and WHEREAS, studies and investigations made by this Commission and in its behalf reveal the following facts: 1. The applicant is requesting the approval of an administrative use permit for a single- family residence in the "Residential -Agriculture" (R-A) Zone, Area District I. The project consists of a request to allow for the construction of a 3,252-square foot home, including a 1,709-square foot first floor (including a 411-square foot garage) and a 1,543- square foot second floor. 2. The proposal otherwise meets or exceeds all development standards of the "Residential - Agriculture" (R-A) Zone, Area District I. 3. Findings necessary for approval of an administrative use permit for a maximum unit size exception 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 blends 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 the convenience and safety of circulation for pedestrians and vehicles. d. The development can be adequately served by existing infrastructure and services. Resolution No.2006-103 December 19. 2006 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. f. The development does not intrude upon the privacy of surrounding residences. 4. The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15603 (Class 3, New Construction or Conversion of Small Structures) of the CEQA Guidelines, in that the project consists of one single-family residence in a residential zone. NOW, THEREFORE, the City Council of the City of West Covina does 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 proposed residence and proposed garage addition is consistent with the "Low Medium Residential' (4.1-8.0 units per acre) land use designation of the General Plan. The project meets all applicable requirements of the "Residential Agriculture" (R-A) Zone, Area District I. b. The house is proposed at 24 feet, 8 inches in height and includes a gable roof. The proposed house is designed with Colonial -style features such as wood siding, dormers, shutters, and wood columns. c. Access to the site is provided via Rowland Avenue. The proposed home is set back 29 feet from the front property line. Therefore, the development has demonstrated sensitivity to circulation patterns and will not be detrimental to the convenience and safety of circulation for pedestrians and vehicles. d. The residence and development can be adequately served by existing infrastructure (streets, sewer, water, etc.). The addition of a single-family residence is not anticipated to require additional infrastructure or services beyond that provided by the existing residences nearby. Therefore the development can be adequately served by existing infrastructure and services. e. The lot is relatively flat and will require little grading. The project proposes construction that would not impede any scenic views from surrounding properties. f The project proposes substantial front and rear setbacks. The setbacks around the building meet the minimum standards of the Municipal Code. SECTION 2. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, Administrative Use Permit No. 06-49 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 is issued, and the violation of any of which shall be grounds for revocation of said administrative use permit by the Planning Commission or City Council. • SECTION 3. The administrative 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 administrative 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. 2 Resolution No. 2006-103 December 19, 2006 SECTION 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. SECTION 5. That the approval of the administrative use permit is subject to the following conditions: • a. That the project comply with all requirements of the "Residential -Agriculture" (R-A) Zone, Area District 1, and all other applicable standards of the West Covina Municipal Code. b. A Title Report and/or any other pertinent information shall be submitted to the Planning Department to determine if the property was legally created. The determination shall be made prior to the issuance of building permits. 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. Comply with Section 26-405.7 in terms of second -story side -yard setback and required angle. 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 submit construction plans for plan check review by the Public Works Department, Fire Department, and Planning Department. SECTION 6. The City Clerk shall certify as to the passage of this Resolution. PASSED AND APPROVED on this 19`h day of December 2006. ATTEST: C/IJZG:G City Clerk 'La rie Carrico_ • E yor Michael Touhey 3 Resolution No. 2006-103 December 19, 2006 E • I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 19`h day of December 2006, by the following vote of the City Council: AYES: Herfert, Hernandez, Lane, Touhey NOES: None ABSENT: Sanderson ABSTAIN: None EXPIRATION DATE: December 19, 2007 APPROVED AS TO FORM: "Z/� City Attorney cold Alvarez-Glasman L 4w City Clerk Laurie Carrico ll