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Resolution - 2013-7RESOLUTION NO.2013-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING VARIANCE NO. 12-09 TO REDUCE THE REQUIRED 10-FOOT SIDE YARD SETBACK TO 7 FEET, 2 INCHES VARIANCE NO. 12-09 CATEGORICAL EXEMPTION APPLICANT: Eleazar Becerra/Barbara Ma LOCATION: 3008 Cordova Court WHEREAS, there was filed with this Commission a verified application on the forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code, requesting approval of a variance to allow: Approval to encroach into the required 10-foot side yard setback by 2 feet, 10 inches to legalize a single -story addition to the west side of the dwelling unit. On that certain property generally described as follows: Assessor's Parcel No. 8482-039-034, in the records of the Los Angeles County Assessor; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 13"' day of November, 2012, conduct duly advertised public hearings as prescribed by law; and WHEREAS, consistent with this request, an administrative use permit (AUP No. 12-19) has been submitted, requesting the approval for a 16&square second -story expansion to an existing 4,201-square foot single-family home (including a 779-square foot garage) and; WHEREAS, the Planning Commission voted 2-2, deeming the request for the project denied; and WHEREAS, on November 20, 2012, an appeal of the Planning Commission's split decision that deemed the project denied was requested by the applicant; and WHEREAS, the City Council did, on the 5th day of February, 2013, conduct a duly advertised public hearing as prescribed by law, and considered evidence presented by the Planning Commission, Planning Department, and other interested parties. WHEREAS, studies and investigations made by this Commission and in its behalf reveal the following facts: 1. A variance to encroach into the required 10-foot side yard setback by 2 feet, 10 inches to legalize a single -story addition to the west side of the dwelling unit. 2. An administrative use permit to allow a 185-square foot second -story expansion. 3. Appropriate findings for approval of a variance are as follows: a. That there are exceptional or extraordinary circumstances not applicable generally to the other property or class of use in the same vicinity and zone. b. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question. C. That granting such variance will not be materially detrimental to the public welfare or injurious to property or improvements in such vicinity and zone in which property is located. Resolution No. 2013-7 Page 2 d. That granting such variance shall be consistent with the adopted General Plan and any applicable Specific Plans. 4. Pursuant to the California Environmental Quality Act (CEQA), the proposed project is considered to be categorically exempt (Class 3, New construction or conversion of Small Structures) since the project consists of an application of a variance regarding the size of the guesthouse and side yard setback on the west side of the property. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES RESOLVE AS FOLLOWS: 1. On the basis of evidence presented, both oral and documentary, the City Council makes the following findings: a. The property is located within the "Single -Family Residential" Zone, Area District IV. This zone requires a minimum lot size of 20,000 square feet in area with a minimum lot width of 110 feet and no minimum depth specified in this zone.. The subject site is slightly irregularly shaped with a lot area of 29,136 square feet, 140 feet of frontage (width) and 210 feet of depth. The subject property is also located within an area of the City where there are large lots clustered within this zone that is not representative of other neighborhoods. As such, there are exceptional circumstances not applicable to all other properties within the same zone. b. The proposed variance to deviate from the required 10-foot side yard setback on the west side of the property would allow the applicant to legalize a 168-square foot single -story addition. The property is located in a zone where a 10-foot side yard setback is required. Most other residential zones within the City are required a 5 or 7- foot side yard setback. The purpose of requiring a setback is to provide an adequate separation between structures. In this case, there are approximately 31 feet separating the subject dwelling unit and the adjacent dwelling to the west. In addition, the adjacent dwelling unit is 10 feet lower in grade than the subject property. Therefore, the variance is necessary for the enjoyment of a substantial property right due to the size of the parcel and the area in which the subject property is located. c. The proposed use will not be detrimental to the health, safety, peace or general welfare of persons working or residing in the vicinity of the project in that conditions placed on the project will mitigate any potential adverse effects. d. The granting of Variance No. 12-09 will be consistent with the Zoning Code development standards,' except for the side yard setback on the west side of the property. The proposed project is consistent with the General Plan Land Use Goal: "Preserve the essential residential character of West Covina — A city of beautiful homes." In addition, the General Plan Land Use policies for "Very Low Density Residential" land use destination include the allowance of estate -type development such as the subject property. 2. That pursuant to all evidence presented, both oral and documentary, and further based on the findings above, Variance No. 12-09 is approved subject to provisions of the West Covina Municipal Code, provided physical development of the herein described property shall conform to said plan and 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 use or occupancy of the property is commenced and before the Certificate of Occupancy is issued, and violation of any of which shall be grounds for revocation of said variance by the Planning Commission or City Council. 3. That the variance 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 Department his affidavit stating he is aware of, and accepts, all conditions of this variance 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 processing this application pursuant to City Council Resolution No. 8690. Resolution No. 2013-7 Page 3 4. Costs and expenses of enforcement activities, including, but not limited to attorneys' fees, caused by applicant violation of any condition imposed by this approval or any provision of the West Covina Municipal Code shall be paid by applicant. 5. That the approval of the variance is subject to the following conditions: a. Comply with the plans reviewed by the City Council on February 5, 2013. b. Comply with all other requirements of the "Single -Family Residential" (R-1) Zone and all other applicable standards of the West Covina Municipal Code. C. This approval is effective for a period of one (1) year. All applicable building permits must be obtained within one (1) year of project approval, unless an extension of time is granted. d. The breezeway on west side of the property that is encroaching into the required side yard setback shall be demolished. e. The applicant/property owner is responsible for addressing (permitting or demolishing) all unpermitted structures and retaining walls at the property. These structures include: restroom, deck, retaining walls, pool equipment structure, water heater inside pool equipment structure, storage room, rear patio cover attached to dwelling, and solar panels on the roof f. The applicant/property owner shall demolish the 326-square foot gym/accessory structure that encroaches into the required side yard. setback. g. The applicant/property owner shall modify the 727-square foot cinema (guesthouse) to comply with Section 26-391 of the West Covina Municipal Code. The applicant/property owner shall record a deed restriction limiting the use of the guesthouse/cinema. However, the applicant/property owner can elect to demolish the structure in order to comply with City's standards. h. The applicant/property owner shall obtain approval from the Homeowners' Association prior the issuance of building permits. i. The applicant/property owner shall obtain approval from the City's Subcommittee for Design for all exterior modifications on the front elevation or visible from the street, including the tall front gate on the east side of the garage. j. Any proposed change to the approved site plan or floor plan must first be reviewed by the Planning, Building, and Fire Departments and shall require the written authorization of the Planning Director prior to implementation. k. Building Division: Obtain departmental approvals from: a. Planning Department: zoning b. Fire Department: Fire sprinklers of cinema and gym buildings C. City Engineering Division: site retaining walls, grading and drainage. 2. Submit complete and accurate plans showing the house and site after the alterations. From initial review of the submitted documents, the following areas will need to be legalized: a. House: i. Rear patio. ii. Solar panels on roof. iii. First floor addition on both east and west sides at rear. iv. Second floor addition on east side. Resolution No. 2013-7 Page 4 b. Cinema C. Gym d. Storage room e. Site Retaining walls and grading 3. Submit complete and accurate plans showing the house and site at the pre - altered state. 4. Submit complete soils report. Show compliance to CBC§ 1803. 5. Submit complete structural engineering design to include structural plans, calculations and specifications. Structural plans and specifications shall address all areas indicated above. 6. Upon inspection all existing covered structural items shall be uncovered for verification for compliance with the design prepared by the structural engineer. 7. For foundations and retaining walls: a. Approvals and verifications of construction will be required by both soils and structural engineer. b. Reinforcing steel size and spacing will be required to be x-rayed for verification. Verification and approval from the structural engineer will be required. All retaining walls and slab on grade serving as enclosing boundary elements of habitable spaces will be required to be properly protected form moisture. 9. Additional corrective actions maybe required upon review of complete submittal of plans and specifications and during site inspections. 10. Plans review and permit fees will be required. 11. Construction fines will be assessed for construction without permits. 12. School District (See Counter Staff). School fees are required for all construction with floor area increase of 501 square feet or more. Pay at school district office and bring receipt to Building Division. This may be done after all other corrections have been made and plans are approved. 13. The proposed project is over 1000 s/f in addition or alteration and will be required to comply with West Covina Municipal Code Section 7-260 to recycle 50% of the construction material and debris. See counter staff and complete the Construction and Demolition Waste Diversion Plan (WDP). Permit will not be issued until the WPD is completed and required fees/deposit submitted. Engineering Division: Existing retaining walls. Our records do not show any permitted retaining walls. Have your engineer submit calculations and details stamped and signed by registered civil engineer for all existing retaining walls to show that they were built per engineering standards and per City of West Covina guide lines (copy attached). Field verification and inspection will be required. 2. New retaining walls. Have your engineer submit calculations and details stamped and signed by registered civil engineer for review and approval by the City. Provide concrete swales around the walls existing and new. Resolution No. 2013-7 Page 5 3. Submit a site plan showing finish grade elevations at different locations of the site including property corners, near retaining walls, along property lines and near buildings and pad and/or finish floor elevations of the buildings. 4. For walls show top of Wall elevation, finish grade elevation and top of footing. 5. For submittals to Engineering division use Engineering scale, 1"= 10' or 1" = 20'. 6. The City Clerk shall certify as to the passage of this Resolution APPROVED AND ADOPTED on this 5°i day of February, 2013. ATTEST: City Clerk Lau ie 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 held thereof on the 51" day of February 2013 by the following vote of the City Council: AYES: Herfert, Sotelo, Sykes, Sanderson NOES: None ABSENT: None ABSTAIN: None �— Clerk Laurie Carrico APPROVED AS TO FORM: Cit' Attorney Arnold Alvarez-Glasman DATE: February 5, 2013 EXPIRATION DATE: February 5, 2014 if not used.