Resolution - 9043RESOLUTION NO. 9043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, UPHOLDING .THE DECISION OF THE PLANNING COMMISSION
AND DENYING THE APPEAL OF PRECISE PLAN NO. 845
WHEREAS, there was filed with this Commission a verified
application on the forms prescribed by the Commission, requesting
approval of a precise plan for the development of 51 senior citizen
condominiums on that certain property generally described as
follows:
Assessor Parcel No. 8480-017-900, as shown on the latest
rolls of the Los Angeles County Tax Assessor; and
WHEREAS, the Planning Commission upon giving the required
notice did on the 14th day of December, 1993, conduct a duly
advertised public hearing as prescribed by law to consider said
application; and
WHEREAS, at said public hearing, the Planning Commission
adopted Resolution No. 12-93-4200 approving Precise Plan No. 845;
and
WHEREAS, the action of the Planning Commission was appealed on
December 17, 1993; and
WHEREAS, the City Council upon giving the required notice .did
on the 4th day of January; 1994, conduct a duly advertised public
hearing as prescribed by law to consider said appeal; and
WHEREAS, studies and investigations made by the City Council
and in its behalf reveal the following facts:
1. The applicant is requesting approval of a precise plan for the
construction of a 51 unit senior citizen condominium
development.
2. The project also provides a private interior street, on and
off -site parking spaces, common recreation and open space
areas and a wrought iron wall adjacent to the Walnut Creek
Wash, a six foot high decorative block wall - as measured from
the highest grade - along the east property line, and a six
foot high wooden (or alternatively decorative block) wall
along the south property line.
3. The project complies with the development standards of the
proposed "Specific Plan No. 10 (SP-10)" Zone and meets all
relevant sections of the West Covina Municipal Code.
4. Approval of the requested precise plan .will in no way be
detrimental to adjacent properties.
5. The project is consistent with the proposed "Planned
Development" land use designation of the General Plan and East
Hills Specific Plan.
6. This precise plan application is submitted in conjunction
with, and is contingent upon approval of General Plan
Amendment No. 21, East Hills Specific Plan Amendment No. 8,
Zone Change No. 642 and Tentative Tract Map No. 51794.
• 7. Appropriate findings for approval of a precise plan of design
are as follows:
a. That consideration has been given and restrictions
imposed to the extent necessary to permit the same degree
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Resolution No. 90113
Birtcher Senior Properties
Precise Plan No. 845.
January 4, 1994 - Page 2
of enjoyment of the subject property, but subject to the
same degree of protection of adjoining properties, as
would be accorded in normal circumstances, by the
standard restrictions imposed by the Municipal Code.
b. That strict adherence to the development standards of the
applicable zone and.the proposed precise plan will not
measurably depreciate property values in the vicinity or
interfere with the use or enjoyment of property in the
vicinity or endanger the public peace,health, safety or
general welfare.
C. That the project is reviewed in terms of its
architectural design, general exterior appearance,
landscaping, color, texture of surface materials and
exterior construction, shape and bulk and other physical
characteristics including. location and type of public
utility facilities and is found to facilitate the orderly
development of the precise plan area.
B. An initial study. prepared for the subject project has
disclosed that although the project could have a significant
effect on the environment, there will be none in this case due
to mitigation measures which have been incorporated into the
project's design or required as conditions of approval. A
Negative Declaration of Environmental Impact has. been prepared
pursuant to the requirements of the California Environmental
Quality Act of 1970, as amended.
NOW, THEREFORE, the City Council of the City of West Covina
does resolve as follows:
1. On the basis of the evidence presented, both oral and
documentary, the City Council makes the following findings:
a. The proposed project is designed in a manner that
complies with the proposed Specific Plan No. 10 and all
applicable City codes and regulations. Further, the
project is designed to give consideration to adjacent
land uses in terms of intensity of use and character of
the area. The proposed 51 condominium units project has
been designed with a limited access point onto the site,
on- and off -site parking, on -site recreational
facilities, decorative perimeter walls and landscaping as
well as generous landscaping throughout the site, and
sensitive site and building design.
b. The proposed project is designed in conformance with the
development standards of the proposed "Specific Plan No.
10" zone and will not measurably depreciate property
values or interfere with the enjoyment of other
properties in the vicinity. The development has been
designed with particular attention given to the adjacent
properties and land uses. The primary structure is
located away from adjacent single family properties to
provide maximum separation from the higher density senior
condominiums and minimal impact upon their views. In
• addition, the design incorporates generously landscaped
setbacks which soften the appearance of the development
as well .as protect privacy issues. The proposal will
generally enhance the surrounding area by adding
improvements to an otherwise underutilized site.
C. The proposed architectural theme is a well -coordinated,
three story Mediterranean style which incorporates tile
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Resolution No. g0y3
Birtcher Senior Properties
Precise Plan No. 845
January 4, 1994 - Page 3
roofing and traditional detailing such as shutters,
columns and multi -pane windows. The mass of the three
story structure is softened through the use of a sloped,
. mansard roof, articulation of the building facade, and
generous landscaping throughout the site. Building walls
shall be stucco with a variety of accent material
including wrought iron, stucco, wood or transparent
materials such as glass panel. Roofing material will
consist of concrete or clay tile. A natural, earth tone
appearance in form, texture and colors will be stressed.
2. That pursuant to all of the evidence presented, both oral and
documentary, and further based on the findings above, the City
Council of the City of West Covina hereby upholds the decision
of the Planning Commission to approve Precise Plan No. 845,
thereby denying the request for the appeal of Precise Plan No.
845, 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.
3. That the precise plan 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.
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.
5. That the approval of the precise plan is subject to the
following conditions:
a. Comply with Study Plan "A", dated December 14, 1993.
b. Comply with Exhibits 1 through 5, dated.December 14,
1993.
C. Approval of this precise plan is contingent upon the
approval Tentative Tract Map No. 51794, General Plan
Amendment No. 21, East Hills Specific Plan Amendment No.
8 and Zone Change No. 642.
d. Comply with all requirements of the "Specific Plan No. 10
(SP-10)" zone.,
e. Prior to the issuance of building permits, the applicant
shall submit three copies of a detailed landscaping plan
to the Planning Director for review and approval. Said
plan to include type, size, and quantity of landscaping
materials, as well as, a fully automatic comprehensive
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Resolution No. 90y3
Birtcher Senior Properties
Precise Plan No. 845
January 4, 1994 - Page 4
watering system. Landscaping areas are to be kept free
of litter and diseased or dead plants. Diseased, dead,
damaged and/or disfigured plants shall be replaced as
deemed necessary by the Planning Director. I All
installation of landscaping and irrigation shall be
completed prior to issuance of a Certificate of
Occupancy.
f. Prior to recordation of the map, the developer shall
draft a Prospective Homebuyer's Awareness Package (PHAP),
and submit it to the Planning Director for review. Such
package shall include:
i. A standardized cover sheet developed by the
Planning Department.
ii. Zoning, General Plan and land use information.
iii. School information (e.g. community colleges and
universities)
iv.Special assessment district information.
V. A copy of the Covenants, Conditions, and
Restrictions (CC&R's) applicable to the tract.
vi. Any additional information deemed necessary by the
Planning Department, Planning Commission or City
Council for the full disclosure of important
information.
g. All .ground -mounted, wall -mounted and/or roof -mounted
equipment not shown on the approved Study Plan, shall be
screened from all views, in a manner that is
architecturally compatible with the main building. Plans
and elevations indicating the type of equipment and
method of concealment shall be submitted to the Planning
Director for review and approval prior to the issuance of
building permits.
h. All antennae and antenna support structures shall be
placed and installed in a manner which screens at least
75 percent of the antenna when viewed from ground level
from any adjacent public right-of-way, parks, schools, or
residentially zoned properties. Such screening may
include landscaping, fencing, or walls which has been .
integrated with .the design of the building.
i. Gutters and downspouts shall not project from the
vertical surface of the building pursuant to
Section 26-568 (a) (3).
j. All utilities shall be installed underground.
k. Prior to the issuance of a grading. permit, detailed plans
of the retaining walls, sound attenuation walls and
screening walls shall be submitted to the Planning
Department for review and approval by the Planning
Director and City Engineer.
1. Final design plans of the common recreation area shall be
submitted to the Planning Department for review and
approval prior to the issuance of building permits. Said
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Resolution No. 96y3
Birtcher Senior Properties
Precise Plan No. 845
January 4, 1994 - Page 5
plans shall include, but not be limited to: structures,
paving/walks, mechanical equipment, fencing, jacuzzi and
proposed materials and colors.
• M. The location of the electrical transformers and other
mechanical equipment, if, not indicated on the approved
Study Plan, must be approved by the Planning Director.
n. Pole -mounted parking lot lighting shall be accurately
indicated on the grading plan and shall be located within
landscaped or hardscaped areas. Pole locations shall be
accurately staked prior to installation .by the Civil
Engineer that prepared -the grading plan.
o. Provide a five -and -one-half foot minimum height trash
enclosure pursuant to Section 26-568 of the Municipal
Code.
P. A six foot high decorative block wall, as measured from
the highest adjacent grade, shall be constructed along
the eastern property line. The height and design of the
wall shall be reviewed and approved by the Planning and
Building and Engineering Departments. The wall shall be
constructed prior to the issuance of grading permits.
The applicant shall work with the owners of adjacent
properties to arrange for the construction of a new wall
in lieu of the existing walls along the eastern property
line.
q. A six foot high wooden fence shall be provided along the
southern property line. In the event that Valencia
Height Water Co. quitclaims their easement along the
southern property line, the applicant shall replace the
wooden fence with a six foot high decorative block wall
to match the wall along the eastern property line. The
height and design of the decorative block wall shall be
reviewed and approved by the Planning and Engineering
Departments.
r. Street trees shall be provided on Barranca Street in tree
wells.
S. Final design plans for areas receiving special paving
treatments shall be submitted to the Planning Department
for review and approval prior to the issuance of building
permits. A sample of the proposed material(s) shall also
be submitted with said plan.
t. The applicant shall submit a detailed plan for the main
entrance on Barranca Street to the Planning Director and
City Engineer for review and approval prior to final map
approval. Said plan shall include, but not be limited
to: location and design of walls, gates, signage, paving
treatments and materials, and enhanced landscaping, and
lighting.
U. The applicant shall meet any and all monitoring or
• reporting requirements necessary to ensure. compliance
with the mitigation measures contained in the CEQA
Resolution prepared for this project including, but not
limited to, entering into an agreement to perform and/or
for monitoring and reporting during project construction
and implementation. The applicant further agrees it will
cease construction of the project immediately upon
written notice of a violation of such requirements and
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Resolution No. goy3
Birtcher Senior Properties
Precise Plan No. 845
January 4, 1994 - Page 6
that such a provision may be made a part of any agreement
of City and applicant.
V. Comply with the mitigation measures as outlined in the
• Initial Study/Environmental Assessment prepared in
November 1993 as follows:
i. A grading and drainage plan shall be submitted
to the City Engineer for review and approval.
ii. All grading shall comply with Chapter 9 of the
West Covina Municipal Code and Chapter 29 and
70 of the Uniform Building Code.
iii. Normal wetting procedures or other dust
palliative measures shall be followed during
demolition and excavation activities to reduce
fugitive dust emissions in order to meet AQMD
Rule 403 requirements.
iv. Grading and construction activity shall comply
with the City's grading and noise ordinances.
Requirements include but are not limited to,
restricting the hours for excavation, grading
and other construction activities between 7:00
AM to 8:00 PM. Also, all construction
equipment, stationary or mobile, shall be
required to have properly operating and
maintained mufflers.
V. Barriers and warning signs shall be employed
where appropriate to maintain traffic and
pedestrian safety during the grading and
construction period.
vi. Units along the north elevation facing the San
Bernardino Freeway, affected by exterior noise
impacts over the 65 dBA level shall be
required to install noise barriers on the
perimeters of their respective decks or
patios. These barriers may be constructed
using opaque or transparent materials.
vii. Noise barriers shall be required on the patios
and decks of all the unitsfacing Barranca
Street. The barriers may be constructed using
a combination of opaque and transparent
materials.
viii. Prior to release of certificates for
occupancy, noise tests shall be conducted by
an acoustical engineer to ensure compliance
with the 45 dBA interior .noise standard. The
test shall be performed over a 24-hour period
at three locations to be determined by the
Planning Director. Any unit experiencing
interior noise levels over the 45 dBA level,
• shall be required to install 30 STC windows,
and any other appropriate measure as
determined by the Planning Director, in order
to lower the interior noise level to the
acceptable limit.
ix. To minimize light glare spillage and protect
privacy, a minimum of six feet of the site's
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Resolution No. gb43
Birtcher Senior Properties
Precise Plan No. 845
January 4, 1994 - Page 7
rear yard abutting single family residences
shall be landscaped with specimen plant
materials and trees appropriate in size and
shape to create a solid plant screen, subject
to the approval of the Planning Director.
X. Lighting on the site shall comply with Section
26-519 of the West Covina Municipal Code and
Planning Resolution No. 2513.
xi. Prior to the issuance of building permits, the
applicant shall submit a formal request to the
City Traffic Committee for purposes of
determining and implementing appropriate time
limits for the off -site guest parking spaces
along Barranca Street.
xii. The private street design shall conform to
Chapter 19 of the City's Municipal Code,
Planning Commission Resolution No. 2519 and
the City's standards for private drives.
xiii. Project access from Barranca Street shall be
provided by a gated driveway, semi -circular in
shape, that shall allow both residents and
visitors to enter and exit the project without
backing onto Barranca Street and impacting
traffic flow. Design elements to be
incorporated in the driveway configuration
include adequate driveway width to ensure
visitors using the guest call box do not
obstruct the entry of residents.
xiv. Based on forecasted project traffic volumes,
one vehicle stacking space shall be provided
for visitors using the guest call box or
waiting for the entry gate to open.
xv. The operation of the automatic entry gate for
residents shall be through a remote access
control system similar to a garage opener
device. Residents shall be able to activate
the gate as they approach the entry from
Barranca Street.
xvi. The City Fire Marshal shall review all
detailed design plans prior to the issuance of
building permits. Items to be reviewed
include accessibility for emergency fire
equipment, adequate interior circulation, and
other safety considerations.
xvii. A fire hydrant shall be provided to service
the project and the building shall be equipped
with a fire sprinkler system.
xviii. Security lighting shall be installed
• throughout the project.
xix. The project's perimeter shall be secured by a
six foot high combination of wall and fence.
Project access for pedestrians and motorists
shall be through respective security gates
activated by residents using a security code.
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Resolution No. g043
Birtcher Senior Properties
Precise Plan No.,845
January 4, 1994 - Page 8
outside visitors will have to use a call box
in order to be "buzzed" in by residents.
xx. The project shall comply with Title 24 of the
California Administrative Code. Specifically,
•
the project shall install plumbing fixtures
which reduce water usage and loss such as low -
volume toilet tanks and flow control devices
for faucets. 'Also, energy efficient
electrical and gas appliances shall be used
throughout the project. Trash compactors
shall be installed in each unit to minimize
solid waste bulk.
xxi. A landscape and automatic irrigation plan
shall be submitted to the Planning Department
for review and approval before issuance of
building permits. Drought tolerant
landscaping will be utilized where appropriate
to minimize water consumption.
xxii. Architectural variety shall be provided by
variations in color, massing, surface
articulation and the use of several unit floor
plans and alternate exterior elevations.
Color and materials shall be coordinated
within each elevation to provide a harmonious
streetscape consistent with the architectural
theme.
xxiii. All exterior walls and fences along public
streets shall be constructed with materials
similar to and complementary to the projects
overall architectural theme.
xxiv. Common areas shall be maintained by a property
owners' association.
xxv. All ground mounted utilities such as
transformers and backflow preventors shall be
screened from public view and all electrical
and telephone lines shall be installed
underground.
xxvi. The perimeter of the project shall incorporate
landscaping which includes a variety of large
and medium scale trees, shrubs, turf, and
groundcover in order to provide scale to the
project and protect the privacy of the
residents. living adjacent to the project. The
landscaping shall also be used to serve as
visual screening that is effective as visual
walls and relatively imperious to graffiti and
vandalism.
xxvii. The project shall provide recreational
facilities including but not limited to, a
landscaped courtyard featuring a proposed spa
• and gazebo. Also to be provided shall be an
approximately 2,600 square foot multi -purpose
room featuring a kitchen, crafts room, and
restrooms which can be used by residents and
their guests.
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Resolution No. g003
Birtcher Senior Properties
Precise Plan No. 845
January 4, 1994 - Page 9.
xviii. A Prospective Homebuyers Awareness Package
(PHAP) shall be made available to prospective
• homebuyers. Among other data, the PHAP will
identify the nearest bus stop locations.
W. Engineering Department requirements:
i. Comply with all conditions contained in
Planning Commission Resolution No. 567.
ii. Sanitary sewers shall be provided to each
"lot" in compliance with Municipal Code Chap-
ter 23, Article 2, and to the satisfaction of
the City Engineer,
Five-foot wide, curvelinear sidewalks with
trees in tree wells shall be constructed along
Barranca Street.
iv. Adequate provision shall be made for accep-
tance and disposal of surface drainage enter-.
ing the property from adjacent areas.
V.. Parking lot and driveway improvements on
private property shall comply with Planning
Commission Resolution No. 2513 and be
constructed to the City of West Covina
Standards.
vi. Water service facilities shall be constructed
to at least meet the requirements for fire
flow established by the City's Fire Department
and the requirements of the subsequent water,
purveyor/owner of the facilities.
vii. Water service facilities constructed for a
subdivision and/or a development in the
Hillside Overlay Zone shall as a minimum
comply with Municipal Code Chapter 23, Article
3, Division 3.
viii. Five-foot easements contiguous to the street
right-of-way shall be granted for utility,
street lighting, and traffic signing purposes.
ix. The proposed subdivision shall conform to
Municipal Code Chapter 20 - Subdivisions.
X. Submit a detailed Engineering street plan and
profile for Barranca Street improvements;
indicate all drainage details associated with
catch basin on Barranca Street.
xi. Show placement of all utility easements on
site.
O xiv. Private street improvements shall comply with
Municipal Code Chapter 19, Article 8, and
Planning Commission Resolution No. 2519.
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Resolution No. A043
Birtcher Senior Properties
Precise Plan No. 845
January 4, 1994 - Page 10
xv. Prior to approval of a final map all of the
following -requirements shall be satisfied:
aa. A final grading and drainage.plan showing
existing and proposed elevations and.
drainage structures, and showing existing
and proposed on -site and .off -site
improvements, shall be submitted to and
approved by the Planning, Building and
Engineering Departments.
bb. Arrangements for the installation of
street lights with underground wiring
shall be made with Southern California
Edison Company. At the time of installa-
tion, the applicant shall provide the
necessary trenching and backfill. Submit
two sets of the subdivision and/or
precise plan to the Engineering
Department, Traffic and Lighting Section,
to be used for designing the street
lighting system.
CC. An itemized cost estimate for all on -site
and off -site improvements to be .con-
structed (except buildings) shall be
submitted to the Engineering Department
for approval. Based upon the approved
cost estimates, required fees shall be
paid and improvement securities for all
on -site and off -site (except buildings)
and 100°s labor/material securities for
all off -site improvements, shall be
posted prior to final approval of plans.
dd. A parking lot lighting plan showing
electrolier types and locations, average
illumination levels, points of minimum
illumination and photometric data in
conformance with Planning Commission
Resolution No. 2513 and as requested
shall be submitted to and approved by the
City Engineer and Planning Director.
X. Fire Department Requirements:
i. Provide a minimum of one (1) steamer fire
hydrant, (2 1/2" x 4" outlets) - James Jones
Model 3700, at location as specified by the
Fire Department.
ii. Provide a 300-foot spacing between hydrants.
Fire hydrants on plan shall be flushed and
painted by contractor or developer before Fire
Department acceptance.
iv. Both hydrant outlet openings shall form a 45
degree angle with curb face.
V., Center of hydrant head outlet openings to be
18" - 36" above finish grade.
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Resolution No. 9013
Birtcher Senior Properties
Precise Plan No. 845
January 4, 1994 - Page 11
vi. On -site water serviceable hydrants shall be
provided by developer before framing is start-
ed. Hydrants, supplied with water, shall be
provided as development progresses.
vii. Provide access drives with a minimum 25-foot
width.
viii. All interior access roads shall be designated
as fire lanes.
ix. Provide a minimum 1500 gpm fire flow to site.
Each fire hydrant to flow a minimum 1000 gpm
fire flow. Fire flow to be verified by letter
from water company.
x. All security gates shall be operated by way of
fire department master card system.
xi. Automatic fire sprinkler and fire alarm system
to be provided.
xii. Fire detection and fire alarm system to be
provided.
xiii. Provide automatic fire sprinkler system 1000-.
throughout complex. Fire sprinkler shall be
designed and installed per N.F.P.A. 13.
xiv. Provide a wet standpipe system. Design and
installation shall conform to N.F.P.A. #14.
Y. Building Department Requirements:
i. Comply with all requirements of the following
Codes of the City and State:
a). 1991 Uniform Building Code
b). 1991 Uniform Plumbing Code
c). 1991 Uniform Mechanical Code
d). Title 24 State of California
Energy/Insulation Regulations and
Handicapped Persons Standards
West Covina Security Ordinance
e). 1990 National Electric Code
f).. West Covina Security Ordinance
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Resolution No.g043
Birtcher Senior Properties
Precise Plan No. 845
January 4, 1994 - Page 12
6. The City Clerk shall certify to the adoption of this
resolution.
ADOPTED AND APPROVED THIS 4th day of January, 1994.
ATTEST:
City Clerk
I, 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 4th day of January, 1994,
by the following vote, to wit:
AYES: Herfert, Manners, McFadden, Wong, Jennings
NOES: None
ABSENT: None
APPROVED AS TO FORM:
d.
y Attorney
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