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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. 2 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. 3 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. M Resolution No. 2005-71 November 15, 2005 • • 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). 5 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 6 Resolution No. 2005-71 November 15, 2005 E 0 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: .4 City Attorney Arno d Alvarez-Glasman City Clerk L rie Carrico '