Resolution - 2005-58RESOLUTION NO.2005-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING VARIANCE NO. 05-01 ON
APPEAL OF PLANNING COMMISSION ACTION
• VARIANCE NO. 05-01
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: Linda Logan, McIntyre Properties
LOCATION: 1838 E. Workman Avenue
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 variance
from:
1. Maximum ground coverage of 55 percent (request of 70 percent).
2. Maximum density of 20 units per acre (request of 21.4 units per acre).
3. Lot width requirement of 150 feet (request of 134 feet).
4. Requirements for recreational -leisure space (request of minimum dimension of less
than 50 feet).
on that certain property generally described as follows:
Assessor's Parcel No. 8454-018-901, in the records of the Los Angeles County
Assessor; and
WHEREAS, consistent with the request, the applicant has also requested a General Plan
amendment from "Suburban Residential" (2.1 — 4.0 dwelling units per acre) to "High Density
Residential" (Over 20.0 dwelling units per acre); and
WHEREAS, the applicant has requested a zone change from "Residential Agricultural"
(R-A) to "Multiple -Family Residential" (MF-20); and
WHEREAS, a precise plan for the site plan and architecture has been submitted for the
development of the project; and
WHEREAS, a tentative tract map has been submitted for the subdivision of the site into
24 condominiums; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 121h
day of July, 2005 conduct a duly advertised public hearing as prescribed by law; and
WHEREAS, the Planning Commission did adopt Resolution No. 05-5038 approving the
application with the elimination of the requested variance to exceed the maximum allowable
density; and
WHEREAS, on July 13, 2005, an appeal of the Planning Commission action was filed by
McIntyre Companies; and
• WHEREAS, on July 21, 2005, an appeal of the Planning Commission action was filed by
Overton, Lyman and Prince, LLP as representatives of Ziad Alhassen, President of West Covina
Motors, Inc.; and
WHEREAS, the City Council did, on the 16`h day of August, 2005, 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
Resolution No. 2005-58
August 16, 2005
WHEREAS, studies and investigations made by this City Council and in its behalf reveal
the following facts:
1. The "Multiple -Family Residential' (MF-20) Zone requires a maximum ground coverage
of 55 percent. The applicant is proposing a ground coverage of 70 percent.
• 2. The proposed zoning designation of "Multiple -Family Residential' (MF-20) limits the
density to 20 units per acre. The applicant is proposing a density of 21.4 units per acre.
However, the Planning Commission recommended the number of units be reduced to less
than 20 units per acre to comply with the Municipal Code.
3. The Zoning Code requires a minimum lot width of 150 feet. The subject properties lot
width is 134 feet.
4. The Zoning Code requires a minimum of 200 square feet of open space per unit, for total
of 4,800 square feet with a minimum dimension of 50 feet. The proposed open space is
less than the required area and is not in compliance with the minimum dimension of 50
feet.
5. 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.
d. That granting such variance shall be consistent with the adopted General Plan and any
applicable Specific Plans.
6. 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:
SECTION 1. On basis of evidence presented, both oral and documentary, the City Council
makes the following findings:
a. The applicant is requesting a variance for maximum ground coverage, density, lot width,
and requirements for recreational -leisure space. The site consists of a 1.12-acre building
pad located between West Covina Senior Villas and an automobile dealership on the
south and west. The site is not adjacent to any residential properties. West Covina
Senior Villas was approved with a density bonus allowed by the code for senior living
facilities. In addition, the apartment complex to the north of the property has a density
greater than 20 units per acre. Therefore, there are exceptional circumstances pertaining
to the lot and surrounding uses to allow for the approval of the requested variances.
• b. Exceptional or extraordinary circumstances apply to this property in that it has been
sandwiched between existing multi -family uses on the east and north and commercial use on
the south and west. Sound planning principals should zone the property for multi -family
use. This is a classic situation of buffering single-family residential from commercial uses
with intervening multi -family uses. However, because the property was previously general
planned Suburban Residential, zoned for Residential Agricultural and used as a Red Cross
office, the property is currently constrained for multi -family residential development
because of its size, location and width. Because of the shape (width) of the property it is
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Resolution No. 2005-58
Augrust 16, 2005
unable to meet minimum width requirements for similarly zoned properties in the immediate
area. Similarly zoned properties in the immediate neighborhood are existing with multi-
family densities in the range of approximately 20 to 45 units per acre. Since the property is
generally smaller and narrower than other similarly zoned properties in the area it faces
constraints and hardships which prevent it from being developed with the same density,
ground coverage, open space and lot width as other similarly zoned property in the
• neighborhood.
The location of the property, the type and extent of surrounding uses, and the size and shape
of the property combine to create exceptional circumstances which impose a hardship on the
property thus denying the owner development rights enjoyed by similarly zoned properties
in the neighborhood.
The proposed maximum ground coverage will allow the development to be constructed
with adequate parking, circulation and fire access. The proposed recreational -leisure
space layout allows for a logical layout of the property. The lot width is existing and
cannot be modified. The proposed density of 21.4 units per acre allows for the
development of the property consistent with neighboring multi -family developments.
c. The project has been designed in accordance with the requirements of the Public Works
Department and Fire Department and is not expected to endanger the public peace, health,
safety or general welfare. The project is not expected to adversely affect property or
improvements in the project vicinity.
d. The approved project is consistent with the site's proposed General Plan designation of
"High Density Residential" (Over 20 dwelling units per acre) in that the development
will be a condominium development that has fewer units per acre than surrounding multi-
family developments.
SECTION 2. That pursuant to all evidence presented, both oral and documentary, and
further based on the findings above, Variance No. 05-01 is approved as requested by the applicant,
including the request to exceed the maximum allowable density of 20 units per acre at 21.4 units per
acre, 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.
SECTION 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.
SECTION 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.
SECTION 5. That pursuant to all evidence presented, both oral and documentary, and
further based on the findings above, Variance No. 05-01 is approved as follows, subject to the
following conditions:
• a. Comply with plans reviewed by the Planning Commission on July 12, 2005.
b. Comply with all other sections of the Municipal Code.
c. Comply with color and material boards.
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August 16, 2005
d. The approval of the variance is to deviate from listed development standards only for
maximum ground coverage, maximum density, lot width, and requirements for
recreational -leisure space (minimum dimension) to the extent indicated herein and as
further reflected on approved plans and no further. Further and/or additional deviations
from stated development standards may only be approved by means of a separated
variance.
• e. A minimum of 4,800 square feet of common open space shall be provided in the
development, per Zoning Code standards.
f. The applicant shall indemnify, hold harmless and defend the City Of West Covina (City),
its agents, officers, and employees from any claim, action, proceeding or damages against
the City, its agents, officers, or employees to attack, set aside, void, or annul the approval
by the City of this Variance. Further, the applicant shall indemnify, hold harmless and
defend the City Of West Covina (City), its agents, officers, and employees from any
claim, action, proceeding or damages against the City, its agents, officers, or employees
arising out of the action, inaction or negligence of the applicant, its employees, officers,
agents, contractors, subcontractors, successors or assigns in planning, engineering,
constructing or in any manner carrying out the Variance or any improvements required
for the Variance. The indemnity shall be contained in a written document approved by
the City Attorney.
g. Comply with the mitigation measures as outlined in the Initial Study/Environmental
Assessment dated June 17, 2005 as follows:
1. Grading and construction shall be designed and implemented in accordance with the
requirements of the City Engineering Department and the Building Department. In
addition, grading and construction shall be completed in accordance with the West
Covina Municipal Code and the Uniform Building Code.
2. The grading and drainage is required to be designed by a registered Civil Engineer and
the project will be required to comply with Standard Urban Stormwater Mitigation Plans
(SUSWMPS). In addition the grading shall be completed in accordance with the West
Covina Municipal Code and the Uniform Building Code.
3. Prior to issuance of a grading permit approval from the Engineering Division of a
grading plan shall be obtained.
4. Fugitive dust control techniques pursuant to SCAQMD RULE 403 shall be
implemented, including but not limited to vigorous wetting procedures of all graded
areas and any stockpiles of loose materials.
5. During construction, water trucks or sprinkler systems shall be used to keep all areas of
vehicle movement damp enough to prevent dust from leaving the site. At a minimum
this would include wetting down such areas in the later morning and after work is
completed for the day and whenever wind exceeds 15 miles per hour.
6. Roadways shall be swept periodically as determined by the City Engineer and/or
Maintenance Services Superintendent or otherwise cleared of any spilled materials to
assist in minimizing fugitive dust.
7. Trucks importing or exporting earthen materials shall be covered or sprinkled with water
prior to entering public streets.
8. Heavy-duty construction equipment shall be kept on -site when not in operations to
minimize exhaust emissions'associated with vehicles repetitiously traveling to and from
the project site.
9. The number of pieces of equipment operating simultaneously should be minimized
through efficient management practices.
10. Construction equipment shall be maintained in proper tune to reduce exhaust emissions.
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Resolution No. 2005-58
August 16, 2005
IL Diesel -powered equipment such as booster pumps or generators should be replaced by
electric equipment, if feasible.
12. Landscaping shall be installed on all graded surfaces proposed for landscaping as soon
as feasibly possible after the completion of grading operations.
• 13. During grading and construction, delivery of materials and equipment, outdoor
operations of equipment, and construction activity shall be limited to the hours between
7:00 a.m. and 8:00 p.m.
14. Mechanical equipment to be installed on the site shall be required to operate below 65
dB levels as measured from the nearest property line.
15. Stockpiling and/or vehicle staging areas shall be located as far as practicable from
residential properties.
16. All construction equipment, stationary or mobile, shall be equipped with properly
operating and maintained mufflers.
17. All construction equipment shall be stored on the project site during the construction
phase to eliminate daily heavy-duty truck trips on vicinity roadways.
18. The applicant shall inform residents adjacent to the proposed project of grading and/or
construction activities at least five (5) calendar days prior to the commencement of said
activities.
19. Activities taking place at the subject facility shall comply with the City noise ordinance.
20. Project construction shall comply with the requirements of the Building Department and
the Uniform Building Code regarding interior noise levels.
21. A lighting plan check shall be conducted to ensure that light does not "spill over" onto
adjoining property. All exterior lighting shall be hooded and directed so as to reflect
away from adjoining properties. The Lighting Plan shall comply with the Lighting
Standards established in Planning Commission Resolution No. 2513, Revision No. 6.
PASSED AND APPROVED on this 16`h day August 2005.
C
Mayor Shelley Sanderson
ATTEST:
Resolution No. 2005-58
August 16, 2005
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 161h day of August 2005, by the following
vote of the City Council:
IsAYES: Herfert, Wong, Sanderson
NOES: Hernandez, Miller
ABSENT: None /►
ABSTAIN: None
EXPIRATION DATE:
August 16, 2007
if not used.
APPROVED AS TO FORM:
d J. ` !�
C y Attorney ld Alvarez-Glasman
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