Resolution - 9693RESOLUTION NO. 9693
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION
AND APPROVING CONDITIONAL USE PERMIT NO. 520.
• WHEREAS, there was filed with this Council a verified application on the forms prescribed
in Chapter 26, Article VI of the West Covina Municipal Code, requesting approval of a conditional
use permit to:
Allow a density bonus and other incentives in the form of certain deviations from the
otherwise -required development standards of the zoning ordinance in conjunction with the
approval of a 188-unit senior adult affordable multiple -family residential apartment
complex.
on that certain property described as:
Assessor's Parcel No. 8443-002-009, in the records of the Los Angeles County
Assessor; and
WHEREAS, the Planning Commission, at a duly authorized public hearing on the 271h day
of April, 1999, at which time the hearing was continued to May 11, 1999; and
WHEREAS, on May 11, 1999, the Planning Commission did adopt Resolution No. 05-99-
4549 approving Conditional Use Permit No. 520; and
WHEREAS, on May 19, 1999, USA Properties Fund, Inc., filed an appeal of the Planning
Commission's May 11, 1999 action to the City Council regarding certain timing issues relating to
approval of the precise plan, the conditional use permit, and the tentative parcel map; and
WHEREAS, this appeal has been noticed as required by the West Covina Municipal Code
(WCMC) and other laws for modification of a conditional use permit; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
The applicant is requesting approval of a conditional use permit to approve a density bonus
and other incentives in the form of deviations from the otherwise -required development
standards of the Zoning Ordinance in conjunction with the approval of the development of a
188-unit senior adult affordable multiple -family residential apartment complex. The
deviations include: 1) allowing a parking ratio of 1.07± parking spaces per unit; 2) carports
may be designed with all sides open; 3) allowing 587± square foot one -bedroom units and
745± square foot two -bedroom units; 4) reduced yards around buildings; 5) providing less
than the required 160 cubic feet of storage area per unit; and 6) screening of ground -
mounted equipment and devices by use of solidly planted landscape materials.
2. This conditional use permit application is submitted in conjunction with a request for
approval of a zone change from "Specific Plan No. 4" (SP-4) to "Specific Plan No. 12" (SP-
12), a precise plan for the development of the buildings and appurtenances, and a tentative
parcel map to create two parcels to allow the establishment of the 188-unit senior adult
• affordable housing apartment complex in excess of the otherwise -allowed maximum
density.
3. The proposed conditional use permit is contingent upon the approval of Zone Change No.
662 by the City Council.
4. The project meets or exceeds the development standards of the "Specific Plan No. 12" (SP-
12) Zone with the inclusion of density standards and certain deviations in development
standards as enumerated within and approved under this conditional use permit.
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City Council Resolution No. 9693
Conditional Use Permit No. 520
USA Properties Fund, Inc.
June 1, 1999
Page 2 of 6
5. The project is consistent with the General Plan land use designation of "Planned
Development" and the zoning designation of "Specific Plan No. 12" (SP-12), with the
added approval of a density bonus to a maximum density of 26.5 dwelling units per acre.
6. ' Approval of this requested conditional use permit and the associated precise plan, tentative
parcel map and zone change will not be detrimental to adjacent properties.
7. The project has been designed in a manner sensitive to surrounding land uses.
8. Appropriate findings for approval of a conditional use permit are as follows:
a. That the proposed use at a particular location is necessary or desirable to provide a
service or facility that will contribute to the general well-being of the neighborhood
or community.
b. That such use will not, under the circumstances of the particular case, be detrimental
to the health, safety, peace, or general welfare of persons residing or working in the
vicinity or injurious to property or improvements in the vicinity.
C. That the site for the proposed use is adequate in size and is so shaped as to
accommodate said use, as well as, all yards, spaces, walls, fences, parking, loading,
landscaping, and any other features necessary to adjust such use with the land and
uses in the neighborhood and make it compatible thereto.
d. That the site abuts streets and highways adequate in width and improvements to
carry traffic generations typical of the proposed use and that the street patterns of
such a nature exist as to guarantee that such generations will not be channeled
through residential streets on local residential streets.
e. That the granting of such conditional use permit will not adversely affect the
General Plan of the City, or any other adopted plan of the City.
9. Pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970,
a NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT has been prepared
indicating that although the project could have a significant effect on the environment, there
will not be a significant effect due to mitigating measures.
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 will provide 188 units of affordable housing for lower -income
senior citizens. Such housing is very much in demand and is somewhat lacking
within the community. The City of West Covina Housing Element of the General
Plan, addresses Residential Development Potential Compared with the Southern
California Association of Government's (SCAG) Regional Housing Needs
Assessment (RHNA) projection for West Covina. The required number of housing
units is broken down into affordability categories of which this project will serve to
meet a portion of the demand. The proposed project provides 189 units in the low-
income category. Upon project implementation, there will remain an outstanding
need for additional housing units in the very low-income category. Therefore, the
proposed project is necessary within the community to provide a housing alternative
to the targeted sector of the community and thereby implementing the goals and
policies of the General Plan.
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City Council Resolution No. 9693
Conditional Use Permit No. 520
USA Properties Fund, Inc.
June 1, 1999
Page 3 of 6
b. The proposed project, as designed, is compatible with surrounding uses, which
include a mixture of multiple -family residential, neighborhood commercial, low rise
offices, institutional uses, and single-family residential. The project will result in
the location of buildings on the site which provide large setbacks from the existing
single-family residential units. Since it is an existing site, the existing mature
vegetation around the perimeter will be augmented with additional landscaping
where possible to providea significant landscape buffer between the parking lot and
the adjacent residential developments. The project will be screened from adjoining
properties, and will not present any obstructive or offensive views.
C. In order to provide the desired affordable housing and maintain the economic
feasibility of the project, an increase in the allowable density to 26.5 units per acre
has been proposed, as well as other specified deviations from the development
standards of the Zoning Code. The deviations include: 1) allowing a parking ratio
of 1.07± parking spaces per unit; 2) carports may be designed with all sides open; 3)
allowing 587± square foot one -bedroom units and 745± square foot two -bedroom
units; 4) reduced yards around buildings; 5) providing less than the required 160
cubic feet of storage area per unit; and 6) screening of ground -mounted equipment
and devices by use of solidly planted landscape materials. These deviations have
only been granted where they would not have significant impacts on proper
functioning of the site, and where it would allow opportunities to better provide the
features and amenities necessary to create a desirable living environment, including
recreational and open space areas, and appropriate landscaping. For example, a
reduction in the allowable parking ratio is anticipated to adequately serve the
development as the project consists entirely of one -bedroom units and are targeted
at the senior adult low income category. Requiring the typical ratio of 2.2 spaces per
unit would result in a reduction in site landscaping and recreational open space.
d. The site adjoins and takes access from Badillo Street (a principal arterial) on the
north, and Phillips Avenue (a collector street) on the west. A traffic study prepared
for the project determined that the project would generate approximately 752 daily
trips, including 38 total trips in the morning peak hour, and 53 total trips in the
evening peak hour. The study analyzed six key surrounding intersections and
concluded that traffic generated by the project would not increase the volume -to -
capacity ratio of any of these intersections by more than 0.01 for either the morning
or evening peak hours.
e. The proposed affordable housing project will serve to further the achievement of
goals and policies of the Housing Element of the General Plan by providing
residents of West Covina with opportunities to live in decent, safe, and affordable
housing, and to assist in meeting existing and projected needs for lower -income
housing. The project serves to provide 188 housing units that are targeted to meet
SCAG's Regional Housing Needs Assessment for the City of West Covina.. The
proposed project further serves to fulfill the responsibilities of providing a variety of
housing alternatives for various sectors of the population, which is incorporated as a
goal in the Housing Element of the West Covina General Plan.
2. That pursuant to all of the evidence presented, both oral and documentary, and further based
• on the findings above, the decision of the Planning Commission is upheld and Conditional
Use Permit No. 520 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 City Planner, 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 conditional use permit by the Planning
Commission or.City Council.
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City Council Resolution No. 9693
Conditional Use Permit No. 520
USA Properties Fund, Inc.
June 1, 1999
Page 4 of 6
3. That the conditional 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 City
Planner, his affidavit stating he is aware of, and accepts, all conditions of this conditional
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
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 conditional use permit is subject to the following conditions:
a. Comply with Study Plan "A," dated May 11, 1999.
b. Comply with Exhibits 1-24, dated May 11, 1999.
C. Approval of this conditional use permit is contingent upon the approval of Zone
Change No. 662 and certification of the associated Negative Declaration of
Environmental Impact by the City Council.
d. Notwithstanding the standards of the "Planned Development" land use designation
of the West Covina General Plan, and the "Specific Plan No. 12" (SP-12) zoning
designation, the maximum allowable density for the subject site shall be established
at 26.5 dwelling units per acre.
e. Notwithstanding the development standards of Article IX, Chapter 26 (Zoning) of
the West Covina Municipal Code to the contrary, the subject site may be developed
in accordance with the following deviations from said development standards as
depicted on the approved study plan and exhibits:
i. A minimum of 201 parking spaces shall be provided for the 188 dwelling
units and guests that results in a ratio of approximately 1.07 parking spaces
per unit.
ii. Carports shall be designed with all sides open.
iii. One -bedroom dwelling units shall have a minimum floor area of 587 square
feet and two -bedroom dwelling units shall have a minimum floor area of
745 square feet.
iv. Yards around buildings and space between buildings may be provided
below the standards specified in Municipal Code Section 26-509 as depicted
on Study Plan "A."
V. Private storage shall be a minimum of 158 cubic feet in area for second -
story level one -bedroom units and shall be a minimum of 90 cubic feet in
area for first -story level one -bedroom units.
vi. Screening of ground -mounted equipment and devices shall be provided by
use of solidly planted landscape materials.
f. Comply with all other requirements of the "Multiple -Family Residential" (MF-20)
Zone, with the exception of those density standards and deviations in development
standards enumerated above.
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City Council Resolution No. 9693
Conditional Use Permit No. 520
USA Properties Fund, Inc.
June 1, 1999
Page 5 of 6
g. For the life of the project, the applicant shall agree to reserve 187 dwelling units
(188 units less the manager's unit) for occupancy by lower -income qualifying senior
adult residents at affordable housing costs.
• h. Prior to the issuance of building permits, the developer shall submit a density bonus
housing agreement for review and approval by the City Planner and Planning
Commission (a draft is attached as Exhibit 2), and said agreement and conditions
therefrom shall be recorded against the property in accordance with the terms and
conditions of Municipal Code Section 26-682. Said agreement shall include
specific terms for the implementation of Condition g. The terms of said agreement
shall be prepared in conformance with the standards and definitions contained in
Division 6, Article XI I, Chapter 26 of the West Covina Municipal Code.
i. To the extent allowed by law, dwelling units within the project shall be marketed so
as to provide priority consideration to senior citizens that reside within the city
limits of West Covina.
j. Comply with all other applicable requirements of Division 6, Article XII, Chapter
26 of the West Covina Municipal Code.
k. The conditions contained herein shall apply to the property regardless of any other
conditions or requirements of any other governmental agency or financial institution
with respect to development of the property, and/or age and affordability restrictions
on occupancy of the units. Conversely, none of the conditions contained herein
shall be deemed to supplant, override, or supersede conditions or requirements of
any other governmental agency and/or financial institution with respect to the same.
The applicant shall meet any and all monitoring or reporting requirements necessary
to ensure compliance with the mitigation measures contained in the Negative
Declaration of Environmental Impact as those may be determined by the City,
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 requirement and that such a provision may be
part of any agreement of City and applicant.
M. To assure proper operation of the detention basin devices, maintenance shall be
scheduled as needed and, at a minimum, annually. Schedule all inspections of
maintenance work with the Engineering Division.
n. Maintenance of the facilities shall be in compliance with the West Covina
Municipal Code. Parking lot sweeping and landscape maintenance shall be limited
to between 8:00 a.m. and 8:00 p.m. daily.
o. Truck deliveries for ongoing operations shall be limited to between the hours of
8:00 a.m. and 8:00 p, ni. daily.
P. Mechanical equipment to be installed on the site shall be required to operate below
65 dB levels as measured from the nearest property line.
• q. Building and Engineering Department requirements:
i) Comply with all requirements of the following Codes of the City and State:
a) 1994 Uniform Building Code
b) 1994 Uniform Plumbing Code
c) 1994 Uniform Mechanical Code
d) 1993 National Electric Code
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City Council Resolution No. 9693
Conditional Use Permit No. 520
USA Properties Fund, Inc.
June 1, 1999
Page 6 of 6
e) Title 24, State of California Energy/ Insulation Regulations and
Handicapped Persons Standards, including route of travel to and
from all buildings and sidewalks
f) West Covina Municipal Code Chapter 7, Article XIV- Building
• Security
r. Fire Department requirements:
i) Comply with the 1994 Uniform Fire Code.
S. Police Department requirements:
No requirements.
6. That the City Clerk shall certify to the adoption of this resolution.
7. This action by the City Council is final. The appellant may challenge it in a court action
filed within the time frames allowed by law.
ADOPTED AND APPROVED this V day of June, 1999.
Mayor
City Clerl
i
Expiration Date
June 1, 2001
If not used.
1, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing
resolution was adopted by the City Council of the City of West Covina, at a regular meeting held
on the I' day of June, 1999 by the following vote, to wit:
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
ABSENT: None
City Clerk
APPROVED AS TO FORM:
City
`FYI ea.�'Yv
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