Resolution - 2005-71RESOLUTION NO. 2005-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. 05-09 ON APPEAL OF PLANNING COMMISSION ACTION
CONDITIONAL USE PERMIT NO. 05-09
NEGATIVE DECLARATION. OF ENVIRONMENTAL IMPACT
APPLICANT: Alicia Mardini, East Valley Community Health Center (EVCHC)
LOCATION: 420 South Glendora Avenue
WHEREAS, there was filed with this City Council a verified application on the forms
prescribed by the Commission requesting approval of a conditional use permit under the provisions
of Chapter 26, Article VI of the West Covina Municipal Code, to allow:
An Institution of Philanthropic Nature (a non-profit community health center)
On that certain property described as follows:
Assessor's Parcel Nos. 8476-022-020, 8476-022-018 and No 8476-022-918, 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 9th day of
August, 2005, the 13th day of September, 2005, and the I I"' day of October, 2005, conduct duly
advertised public hearings as prescribed by law to consider said application; and
WHEREAS, the Planning Commission did adopt Resolution No. 05-5063 approving the
conditional use permit; and
WHEREAS, a precise plan has been submitted for the approval of construction of a
25,018-square foot three-story community health center on a 45,576-square foot site (including
an 8,526-square foot leased area); and
WHEREAS, on October 14, 2005, an appeal of the Planning Commission action was
filed by East Valley Community Health Center; and
WHEREAS, on October 18, 2005, an appeal of the Planning Commission action was
filed by the Committee Representing Residents on Bandy Avenue, Ashwood Street, and Walnut
Creek Parkway, and
WHEREAS, the City Council did, on the 1 st day of November, 2005, and on the 151h day
of November, 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
WHEREAS, studies and investigations made by this city Council and in its behalf reveal the
following facts:
I. The applicant is requesting the approval of a conditional use permit to allow for the
operation of an institution of philanthropic nature.
2. The applicant is requesting a joint use parking agreement with the property at 512 S.
Glendora Avenue (Immanuel First Lutheran Church).
3. The project is consistent with the General Plan land use designation of "Service &
Neighborhood Commercial" and the zoning classification of "Service Commercial"(S-C).
The project is consistent with the "Service and Neighborhood Commercial" land use
designation in the General Plan.
Resolution No. 2005-71
November 15, 2005
4. Findings necessary for approval of an conditional use permit for an institute of philanthropic
nature are as follows:
a. That the proposed use at the particular location is necessary or desirable to
• provide a service or facility which 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 or 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 uses and the street patterns of
such a nature exist as to guarantee that such generation will not be channeled
through residential areas 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.
5. 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, BE IT RESOLVED, by the City Council of the City of West
Covina as follows:
SECTION 1: On the basis of evidence presented, both oral and documentary, the
Planning Commission makes the following findings:
a. The project is consistent with the "Service and Neighborhood Commercial" land use
designation of the General Plan. The project with the approval of a conditional use
permit, and precise plan meets all applicable requirements of the "Service Commercial'
(S-C) Zone.
b. The site is located on Glendora Avenue with frontage also on Walnut Creek Parkway.
The subject site consists of two parcels that form an L-shaped site connecting Glendora
Avenue and Walnut Creek Parkway. The lot frontage on Glendora Avenue is currently
vacant, but was the site of the former East Valley Community Health Center. The
adjacent lot proposed for parking is currently developed with two modular buildings that
are being used as the temporary location for the community health center.
Proposed construction consists of constructing a 25,018-square foot, three-story
community health center. The parking proposed is 83 parking spaces on -site and 50
spaces off -site, which complies with the parking study submitted and conditions of
approval. Therefore, the construction of a 25,018-square foot building will not depreciate
property values, interfere with the use or enjoyment of property in the vicinity, or endanger
is the public peace, health, safety or general welfare, due to its location, and the general
compatibility of the project with the other uses in the surrounding area.
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Resolution No. 2005-71
November 15, 2005
C. The 45,576-square foot site (including 8,526-square foot leased area) for the construction
of a 25,018-square foot, three-story community health center is adequate in size and
shape for the use as proposed. The site will have 83 parking spaces and 50 spaces will be
provided off -site. In order to comply with parking requirements (as established by the
Parking Study of August 29, 2005) a joint use parking agreement with the property owner
at 512 South Valinda Avenue (Immanuel First Lutheran Church) is required. With the
• joint use parking provided, 133 parking spaces will be provided which is sufficient in
relation to the operation of a non-profit community health center of this size. With the
approval of the conditional use permit and precise plan, the proposed use will be in
compliance with the Municipal Code.
d. The site abuts a principal arterial road, Glendora Avenue, and a collector road, Walnut
Creek Parkway, which provide adequate circulation to and from the site. The proposed
community health center is not anticipated to increase traffic generation in the area, since
the surrounding roads are designed to accommodate such uses.
e. The proposed use is consistent with the "Neighborhood and Service Commercial"
Designation of the General Plan. Granting of a conditional use permit for the operation
of a non-profit community health center operating as an "Institution of Philanthropic
Nature" is consistent with the General Plan.
SECTION 2: That pursuant to all of the evidence presented, both oral and documentary,
and further based on the findings above, Conditional Use Permit No. 05-09 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 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 conditional use permit by
the Planning Commission or City Council.
SECTION 3: The conditional 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 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.
SECTION 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.
SECTION 5: That the approval of the conditional use permit is subject to the following
conditions:
a. Comply with plans reviewed by the Planning Commission on October 11, 2005.
b. The community health center shall comply with the Noise Ordinance (Section 15-94 of
the West Covina Municipal Code).
C. In the event that the availability of parking is negatively impacted due to the community
health center use, the Planning Commission shall review the conditional use permit for
the community health center and may, at its discretion, modify or impose new conditions
• or suspend or revoke the conditional use permit pursuant to Section 26-253 of West
Covina Municipal Code.
d. The operation of the health facility shall be reviewed by the Planning Commission six
month and at 12 months from the issuance of a certificate of occupancy. The Planning
Commission may revise or add conditions of approval at the time of review.
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Resolution No. 2005-71
November 15, 2005
e. A parking management plan shall be submitted for review by the City Council and approval
by the Planning Director, prior to the issuance of building permits. The parking
management plan shall be implemented and on file with the Planning Department at all such
time as the building is open for business. A draft of this plan shall be presented to the City
Council to receive and file. The management plan shall include the following.
• i. An indication of which spaces are for client and employee parking.
ii. An operations plan relating to the key drop off for the tandem parking spaces.
iii. Information regarding parking attendants that will manage the key drop off,
including hours, days off, and substitutions.
iv. Information for possible transportation of clients and employees from the church
parking lot to the medical center.
V. Any other information as requested by the Planning Director.
f The applicant shall pay the costs to consider implementing a permit -parking program on the
streets adjacent to the East Valley Medical Center at the discretion of the Planning Director.
g. A study shall be conducted in relation to blocking off Walnut Creek Parkway and the
creation of a Cul De Sac.
h. The number tandem parking spaces is limited to 38 spaces. The back row of tandem parking
spaces must be marked as employee parking only.
i. The Conditional Use Permit shall be valid as long as the 50 parking spaces are provided
at Immanuel First Lutheran Church (512 South Valinda Avenue). At no time shall less
than 125 total (on -site and off -site) parking spaces be available for use by EVCHC. The
agreement has been stipulated to last for 10 years. The conditional use permit shall
expire in October 2014, unless the agreement is extended or alternative parking
arrangements are approved by the Planning Commission.
j. The 50 parking spaces that are to be provided at Immanuel First Lutheran Church (512
South Valinda Avenue) shall be available for the use by EVCHC only, during the
following hours: Monday through Thursday 7:30 A.M. to 8 P.m., Friday 7:30 A.M. to
5:00 P.M. and Saturday 7:30 A.M. to 3:00 P.M. These limitations shall be included in
the joint use parking agreement (condition 5.m.iii.)
k. A minimum of one security guard shall be onsite during all operating hours to ensure that
all parking agreements herein are fully enforced.
1. This conditional use permit shall be recorded with the Los Angeles County Recorders
office.
M. Beginning at the date of this resolution and until the issuance of a Certificate of
Occupancy, a monthly meeting between the EVCHC staff and the local neighbors shall
be held at the medical facility. The purpose of these meetings is to discuss any problems
or concerns the neighbors may have and what measures will be taken to resolve them.
n. Commercial deliveries shall not be permitted between the hours of 9:00 p.m. to 7:00 a.m.
o. A total of 83 parking spaces shall be available at all times on -site. Parking stalls that are not
employee parking must be marked for patron parking only.
P. Joint Use parking with Immanuel First Lutheran Church (512 South Valinda Avenue) is
allowed. The following conditions of approval shall be completed prior to the issuance
is of building permits.
i. Joint use parking, as allowed by WCMC Section 26-581 (e) shall be provided.
Additional parking at Immanuel First Lutheran Church shall be provided.
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Resolution No. 2005-71
November 15, 2005
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ii. There shall be no substantial conflict in the principal operating hours for the
buildings or uses for which the joint use of off-street parking facilities is proposed.
If such a conflict arises, the precise plan and conditional use permit maybe reviewed
again to evaluate conditions of approval.
The owners of the property at 512 South Valinda Avenue and the applicant for the
joint use of off-street parking facilities shall complete an agreement for such joint
use by a proper legal instrument approved by the City Attorney as to form and
content. Such instrument shall be recorded in the office of the county recorder and
copies thereof filed with the Planning Department, and Building and Engineering
Divisions.
q. The Institute of Philanthropic Nature is permitted to operate as a non-profit community
health center only. No other medical for -profit medical use is permitted at this site based on
this approval and on the amount of parking provided.
r. A planning directors modification for the changes to the operation of the Church facility at
512 South Valinda Avenue, must be approved prior to the issuance of a building permit.
Additionally, the parking lot must be constructed, approved by all city departments and in
operation, prior to the issuance of any building permits for the construction of the Medical
Center.
S. Any physical expansion of the community health center will require a revision to this
conditional use permit.
t. The approved use shall not create a public nuisance as defined under Section 15-200 of the
West Covina Municipal Code.
U. The conditional use permit may be revoked, amended and suspended by the Planning
Commission under the provisions of Section 26-253 of the West Covina Municipal Code.
V. Licenses and permits as required by the West Covina Municipal Code shall be obtained
prior to the start of the operation of the use for appropriate cause.
W. The applicant shall comply with all requirements of the Public Works Division and Fire
Department.
X. The approved use shall not create a public nuisance as defined under Section 15-200 of the
West Covina Municipal Code.
Y. The applicant shall comply with all applicable health and safety codes.
Z. Any proposed change to the approved site plan and floor plans shall be first considered by
the Planning Department, Engineering Division, Building Division, and Fire Department,
and shall require the written authorization of the Planning Director prior to implementation.
aa. A 50-year land lease for parking purposes shall be maintained between the EVCHC and
LACFCD.
bb. Building Division Requirements:
1. All Conditions of Approval as approved by the Planning Commission shall appear as
notes on the plans submitted for building plan check and permits.
2. If classified as a B-occupancy, no restraint of occupants is permitted; occupants shall
be ambulatory and capable of self-preservation in an emergency.
3. For a B-occupancy, no more than 5 patients in a tenant space may be incapable of
unassisted self-preservation.
4. No restraint of occupants is permitted; occupants shall be ambulatory and capable of
self-preservation in an emergency (except as permitted for a B-occupancy clinic).
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Resolution No. 2005-71
November 15, 2005
CC. Engineering Division Requirements
1. Turning movements from the property onto Glendora Avenue shall be restricted
to right turn only. Signage indicating "Right Turn Only" shall be indicated on the
plans and installed prior to certificate of occupancy.
. 2. If the residents on Walnut Creek Parkway request to establish a parking permit
program, the developer shall pay for the Traffic Committee application fee.
3. All improvements shall be made along the frontage of 520 S. Valinda Avenue
property (Joint Use Parking) and connecting with the subject property, including,
but not limited to, sidewalks, path or travel, street trees, ADA ramps, etc.
4. Turnaround areas in the proposed parking facility at 520 S. Valinda Avenue shall
be marked with red curb, no parking, and fire lane.
5. At the proposed parking facility at 520 S. Valinda Avenue, two ADA parking
spaces are required.
6. The approval of the Joint Parking request for 520 S. Valinda Avenue is subject to
the vacation right-of-way by the City Council.
7. A Joint Parking Agreement between the applicant and property owner's at 520 S.
Valinda Avenue shall be recorded prior to the issuance of building permits.
8. The developer shall submit to the City a Letter of Credit from a financial
institution stating that $25,000 is available for withdrawal for future street
rehabilitation on Glendora Avenue and Walnut Creek Parkway (up to centerline).
dd. Fire Department Requirements
All decorative materials and furnishing must be made from a non-flammable
material or be treated and maintained in a flame retardant condition by a licensed
applicator. All finish materials not more than '/4 inch in thickness used for folding
doors, room dividers, decorative screens and similar applications that don't create
concealed spaces must be flame resistant. Title 19, CCR, Section 3.08 and 3.21.
2. The power supply for emergency lighting will normally be supplied by the
premises' electrical supply. In the event of its failure, illumination shall be
automatically provided from an emergency system if occupant loads are 100 or
more. CBC, Section 1003.2.9.
3. All rooms used for assembly, classrooms, dining rooms or similar rooms, with an
occupant load in excess of 50 persons must have the room capacity posted in a
conspicuous location. The sign must be durable having a contrasting color from
the background to which it is attached. Title 19, Section 3.30
4. All exit doors from assembly occupancies shall not be provided with a latch or
lock unless it is panic hardware, unless it is a main exit door from the building
and there is a sign over the door that states, "This door is to remain unlocked
whenever the building is occupied". CFC, Section 2501.8.2 and CBC, Section
1007.2.5.
. 5. All hardware on exits doors shall be of the No Knowledge single action type and
the main entrance shall state over the door "This door to remain unlocked
whenever the building is occupied". CBC, Section 1007.2.5
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Resolution No. 2005-71
November 15, 2005
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SECTION 6: 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 Tract Map. 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 Tract Map or
any improvements required for the Tract Map. The indemnity shall be contained in a written
document approved by the City Attorney.
SECTION 7: The City Clerk shall certify as to the passage of this Resolution.
PASSED AND APPROVED on this 15`h day November 2005.
�__
Mayor elley Sanderson
ATTEST:
Ltd
City Clerk taurie 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 thereof held on the 15`h day of December 2005, by the following
vote of the City Council
AYES: Hernandez, Miller, Wong
NOES: Herfert, Sanderson
ABSENT: None
ABSTAIN: None
EXPIRATION DATE:
November 15, 2006
if not used.
APPROVED AS TO FORM:
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City Attorney Arno d Alvarez-Glasman
City Clerk L rie Carrico '