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Resolution - 2013-8RESOLUTION NO.2013-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ADMINISTRATIVE USE PERMIT NO. 12-19 TO ALLOW A 185-SQUARE FOOT ADDITION TO AN EXISTING SECOND -STORY ADMINISTRATIVE USE PERMIT NO. 12-19 CATEGORICAL EXEMPTION APPLICANT: Eleazar Becerra/Barbara Ma LOCATION: 3008 Cordova Court WHEREAS, there was filed with this Commission a verified application on forms prescribed by the Commission, a request for an administrative use permit to approve a 185- square foot second -story expansion to an existing 4,201-square foot single-family home (including a 779-square foot garage), on that certain property generally described as: Assessor's Parcel No. 8482-039-034, 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 13"' day of November, 2012, conduct a duly advertised public hearing as prescribed by law to consider said application; and WHEREAS, consistent with the request, the applicant has also requested a Variance (No. 12-09) 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; 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 City Council 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 "Single -Family Residential" (R-1) Zone, Area District IV. The project consists of a request to allow a 185-square foot second -story expansion to the existing 1,493-square foot second story. 2. The project includes a variance to deviate from certain development standards. 3. Findings necessary for approval of an administrative use pen -nit for a large expansion and 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. Resolution No. 2013-8 Page 2 d. The development can be adequately served by existing infrastructure and services. 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, BE IT RESOLVED, by the Planning Commission of the City of West Covina as follows: 1. On the basis of evidence presented, both oral and documentary, the Planning Commission makes the following findings for approval of an administrative use permit for a large expansion and maximum unit size exception: a. The existing residence with the proposed addition is consistent with the "Very Low Density Residential" (0.1-1.0 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 IV. b. The proposed house has a combination of stucco and wood siding exterior. The house is designed to comply with side yard and rear yard setback requirements for the second story addition. The house is well designed and features a nice landscaped front yard, walkway and a spacious entryway. C. Access to the site is provided via Cordova Court, which is a cul-de-sac. Any traffic generation is likely to be generated by the residents within this cul-de- sac. 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. C. The lot varies in topography. However, the second -story addition is expanding an existing second -story. Also, the dwelling unit is built on a relatively flat pad graded at the time that the lot was improved. The project proposes construction that would not impede any scenic views from surrounding properties. f. Some of the homes within the block are two-story. The second story addition is setback 57 feet from the east property, line. Due to the distance between structures and topography of the parcels on Cordova Court, the second -story expansion will not have any privacy impacts upon adjacent properties. 2. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings .above, Administrative Use Permit No. 12-19 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 Planting Director, before. the use or occupancy of the property is commenced and before the Certificate of Occupancy is issued. Resolution No. 2013-8 Page 3 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. 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. 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 "Single -Family Residential" (R-1) Zone, Area District VI, and all other applicable standards of the West Covina Municipal Code. b. 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. c. This development shall conform to all applicable Municipal regulations, Fire, Building, Mechanical, Electrical, Plumbing codes and recognized, approved, standards of installation. d. 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. e. The applicant shall submit construction plans for plan check review by the Public Works Department, Fire Department, and Planning Department. f. Building Division: Obtain departmental approvals from: a. Planning Department: zoning b. Fire Department: Fire sprinklers of cinema and gym buildings e. 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. b. Cinema C. Gym d. Storage room e. Site Retaining walls and grading Resolution No. 2013-8 Page 4 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. 8. 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. g. Engineering Division: 1. 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. 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. Resolution No. 2013-8 Page 5 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 I" = 20'. 6. The City Clerk shall certify as to the passage of this Resolution APPROVED AND ADOPTED on this 5"' day of February, 2013. ATTEST: City Clerk Laurivearrico 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 5t" day of February 2013 by the following vote of the City Council: AYES: Herfert, Sotelo, Sykes, Sanderson NOES: None ABSENT: None ABSTAIN: None rty Clerk Laurie Carrico�r APPROVED AS TO FORM: 64 Attorney Ardold Alvarez-Glasman DATE: February 5, 2013 EXPIRATION DATE: February 5, 2014 if not used.