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Resolution - 2006-73RESOLUTION NO.2006-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ADMINISTRATIVE USE PERMIT NO. 06-22 ON APPEAL OF PLANNING COMMISSION ACTION • ADMINISTRATIVE USE PERMIT NO.06-22 CATEGORICAL EXEMPTION APPLICANT: Eugene and Tochtli Hays LOCATION: 936 W. Service 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 the parking of a 21.5-foot boat on the driveway in the front of the house, on that certain property generally described as: Assessor's Parcel No. 8475-011-016, 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 I I'h day of July, 2006 conduct a duly advertised public hearing as prescribed by law; and WHEREAS, the Planning Commission did adopt Resolution No. 06-5146 denying the application; and WHEREAS, on July 20`f', 2006, an appeal of the Planning Commission action was filed by Eugene and Tochtli Hays; and WHEREAS, the City Council did, on the 15`h day of August, 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 Council and in its behalf reveal the following facts: 1. The applicant is requesting an administrative use permit to approve the parking of a 21.5-foot boat on the driveway in the front of the house in the "Single -Family Residential" (R-1) Zone, Area District I. 2. Appropriate findings for approval of an administrative use permit for recreational equipment are as follows: a. The manner and location proposed for the parking of vehicles is sensitive to visibility from and adverse aesthetic impacts to surrounding properties. b. The manner and location proposed for the parking of vehicles is sensitive to the safety and convenience of pedestrians and motorists. c. The proposed parking of vehicles will not unreasonably infringe upon the use and enjoyment of adjoining properties. • d. In the case of an application for parking of recreational equipment and trailers, no other suitable parking area exists in a garage, carport, or side or rear yard. e. In case of an application for parking of vehicles in the driveway, no other suitable parking area exists outside of the driveway and the installation of such' suitable parking area is not possible or practicable given topography, lot size or configuration, or other existing improvements on the lot. Resolution No. 2006-73 August15,2006 3. The project is categorically exempt pursuant to Section 15301, Class 1 (Existing Facilities) from the provisions of the California Environmental Quality Act (CEQA) of 1970, as amended, since the project consists of no new construction. 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 parking space of the boat is located approximately 25 feet from the curb. Due to the layout of the house and the location of the recreational vehicle, the boat can only be seen by the properties on the other side of Service Avenue. Furthermore, the boat shall be properly maintained. Therefore, the parking of the boat at the proposed location on the driveway is sensitive to visibility and adverse impacts to surrounding properties. b. As the boat would be stored 25 feet from the curb, an obstruction to the view of motorists would not be created. Therefore, the location of the boat is sensitive to circulation patterns and will not be detrimental to the convenience and safety of circulation for pedestrians and vehicles. c. Due to the layout of the house and the location of the recreational vehicle, the boat can only be viewed by the properties on the other side of Service Avenue. With the boat being setback 25 feet from the curb, the parking of the boat will not unreasonably infringe of the use and enjoyment of adjoining properties. d. The boat is 21.5 feet in length and eight feet in width. The applicant has a twenty - foot by twenty -foot garage, which is too small to store the boat. The applicant has side yards of seven feet between his house and the southerly property line and five feet between his house and the northerly property line. Both side yards are too narrow to store the boat. e. The boat is 21.5 feet in length and eight feet in width. The applicant has a twenty - foot by twenty -foot garage, which is too small to store the boat. The applicant has side yards of seven feet between his house and the southerly property line and five feet between his house and the northerly property line. Both side yards are too narrow to store the boat. Therefore, the applicant is requesting to park the boat on the property is on the driveway. 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. 06-22 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. 2006-73 August 15, 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 August 15, 2006. b. That the project comply with all requirements of the Single -Family Residential (R- 1), Area District I, 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 15`h day of August, 2006. ATTEST: City Clerk Laurk Carrico 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 151h day of August 2006, by the following vote of the City Council: AYES: Hernandez, Lane, Sanderson, Touhey NOES: None ABSENT: Herfert Non ABSTAIN: None City Clerk Laurie Carrico EXPIRATION DATE: August 15, 2007 • if not used. APPROVED AS TO FORM: ijo-A1411- 4k- City Attome Amol Alvarez-Glasman