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Resolution - 2006-57RESOLUTION NO.2006-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ADMINISTRATIVE USE PERMIT NO. 06-02 ON APPEAL OF PLANNING COMMISSION ACTION •ADMINISTRATIVE USE PERMIT NO. 06-02 CATEGORICAL EXEMPTION APPLICANT: Steve Bide LOCATION: 211 South Grand Avenue WHEREAS, there was filed with this Council a verified application on forms prescribed by the Council, a request for an administrative use permit to approve a maximum unit size exception and a large expansion to allow the demolition of an existing 1,657-square foot home and rebuild a 4,056-square foot one-story house (including a 763-square foot garage), on that certain property generally described as: Assessor's Parcel No. 8277-010-012, 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 281h day of February, 2006 conduct a duly advertised public hearing as prescribed by law; and WHEREAS, the Planning Commission did adopt Resolution No. 06-5116 denying the application; and WHEREAS, on March 6, 2006, an appeal of the Planning Commission action was filed by Steve Bide; and WHEREAS, the City Council did, on the 4`h day of April, 2006, and the 20`' day of June, 2006 conduct duly advertised public hearings 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 Council and in its behalf reveal the following facts: 1. The applicant is requesting an administrative use permit for the approval of a maximum unit size exception and large expansion for a single-family residence in the "Single -Family Residential" (R-1) Zone, Area District 111. The proposal consists of the construction of a 3,293-square foot home and a 763-square foot attached garage. 2. Appropriate findings for approval of an administrative use permit for a maximum unit size exception and 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. 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. Resolution No. 2066-57 June 20, 2006 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 project is categorically exempt pursuant to Section 15303, Class 3 (New Construction or Conversion of Small Structures) from the provisions of the California Environmental Quality Act (CEQA) of 1970, as amended, since 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 is consistent with the "Suburban Residential" (2.1-4.0 units per acre) land use designation of the General Plan. The project meets all applicable requirements of the "Single -Family Residential" (R-1) Zone, Area District M. b. The house is proposed at 24 feet in height and includes a hip roof. The proposed house has a stucco exterior in combination with brick alternative materials. The house is designed to comply with side yard setback requirements and with a gable roof elements to provide articulation on the front elevation. c. Access to the site is provided via Grand Avenue. The proposed home is set back 41 feet, three inches 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 existing residence and development is already adequately served by existing infrastructure (streets, sewer, water, etc.). The addition to 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 project proposes substantial front, side and rear setbacks. The setbacks around the building meet the minimum standards of the Municipal Code. No balconies or retaining walls that require an administrative use permit are proposed. f. The property is currently developed with a 1,657-square foot house. The lot is relatively flat and will require little grading. The project proposes construction of an addition that would not impede any scenic views from surrounding properties. 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. 06-02 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 precise plan by the Planning Commission or City Council. SECTION 3. That the administrative use permit shall not be effective for any purpose until • the owner of the property involved (or a 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 precise plan 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. 2 Resolution No. 2006-57 June 20, 2006 SECTION 5. That the approval of the precise plan is subject to the following conditions: a. Comply with plans reviewed by the City Council on June 20, 2006. b. That the project comply with all requirements of the Single -Family Residential (R-1), 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. This Administrative Use Permit approval shall become null and void if the building permit is not obtained within one (1) year of the date of this approval. SECTION 6. The City Clerk shall certify as to the passage of this Resolution. PASSED AND APPROVED on this 20a' day June 2006. 1 May r Ste erfert 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 20th day of June 2006, by the following vote of the City Council: AYES: Hernandez, Sanderson, Touhey, Herfert NOES: None ABSENT: Lane ABSTAIN: None EXPIRATION DATE: June 20, 2007 • if not used. APPROVED AS TO FORM: CityAttorney Amo d Alvarez-Glasman