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Resolution - 2007-1RESOLUTION NO. 2007-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OVERTURNING THE DECISION OF THE PLANNING COMMISSION AND APPROVING CONDITIONAL USE PERMIT NO. 06-01 • CONDITIONAL USE PERMIT NO. 06-01 CATEGORICAL EXEMPTION APPLICANT: Mark Gleiberman (MG Properties) LOCATION: 2900 - 2944 E. Virginia 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 conditional use permit to: Allow the conversion of apartments to condominiums on that certain property described as follows: Assessor's Parcel No. 8480-008-084 in the records of the Los Angeles County Assessor; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 28`h day of November, 2006, conduct a duly advertised public hearing as prescribed by law to consider said application; and WHEREAS, on December 12, 2006, the Planning Commission did adopt Resolution No. 06-5192 denying the application; and WHEREAS, on December 14, 2006, an appeal of the Planning Commission was filed by Mark Gleiberman (MG Properties); and WHEREAS, the City Council did, on the 161h day of January, 2007, 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, consistent with the request, the applicant has also requested a tentative tract map for an air rights subdivision for residential condominiums; and WHEREAS, consistent with the request, a precise plan for the site plan revisions has been submitted for the development of the project; and WHEREAS, consistent with the request, a variance has been submitted to deviate from code requirements including the number of guest parking, parking distance, parking dimension, and the number of covered parking spaces; and WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts: 1. The applicant is requesting approval of a conditional use permit to allow the conversion of 85 apartment units to 85 condominium units. 2. The proposal includes a tentative tract map to allow an air rights subdivision. 3. The proposal also includes a precise plan for modifications to the parking facilities and the addition of garage doors. 4. The proposal further includes a variance to deviate from code requirements including the number of guest parking, parking distance, parking dimension, and the number of covered parking spaces. Resolution No. 2007-1 January 16, 2007 5. Findings necessary for approval of a conditional use permit are as follows: a. That the proposed use at the 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 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 said 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. 6. Pursuant to the California Environmental Quality Act (CEQA), the proposed project is considered to be categorically exempt (Class 1, Existing Facilities) in that it consists of minor alterations of the structure in order to operate the requested use. 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 City Council makes the following findings for approval of a conditional use permit: a. The proposed conversion of 85 apartment units to condominium units is consistent with the General Plan and with Municipal Code requirements. The subject property has a General Plan designation of "Medium High Residential" (15.1-20 dwelling units per acre). The existing density of the residential project is 16 dwelling units per acre and the density will not change. The conversion of the apartment units to condominium units is allowed by the code. However, certain development standards are not in compliance with the development standards including the number of guest parking, parking distance, parking dimension, and the number of covered parking spaces. b. The proposed use will not result in the expansion of the existing buildings. A total of seven parking spaces are proposed to be added to increase the number of on -site parking spaces and will utilize an existing tenant space. With appropriate conditions of approval, the proposed conversion of apartments to condominiums will not be detrimental to the health, safety, peace or general welfare of surrounding residents or business owners. Furthermore, the site will remain primarily unchanged from its present condition. c. The existing buildings and layout will be preserved and therefore the site is adequate in design to accommodate the proposed project. The applicant is proposing to increase the parking supply on the subject property. Although the parking will not be sufficient to comply with parking standards, the proposed project will provide an increase in the number of parking spaces while keeping the same number of units. d. The proposed project will not increase the number of units or the overall amount of the living space on the site. The proposal will not generate a substantial amount of vehicular traffic nor alter present circulation patterns. The subject site's abutting streets are adequate in width and improvements to accommodate the proposed use. 2 Resolution No. 2007-1 January 16, 2007 e. The granting of the conditional use permit to allow the conversion of 85 apartment units into condominium units and will not adversely affect the West Covina General Plan, since the proposed use does not conflict with the site's land use designation of "Medium High Residential." 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. 06-01 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 conditional use permit 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 a 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 pursuant to all of the evidence presented, both oral and documentary and further based on the findings above, Conditional Use Permit No. 06-01 is approved subject to the following conditions: a. Comply with tentative tract map reviewed by the Planning Commission on November 28, 2006. b. Comply with the development standards of "Multiple -Family Residential" (MF-20) Zone and all applicable provisions of the West Covina Municipal Code. c. That any proposed change to the approved tentative tract map shall be reviewed by the Planning, Public Works, Fire and Police Departments, and the written authorization of the Planning Director shall be obtained prior to implementation. d. A declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be prepared by the developer/property owner and submitted to the Planning Director and the City Attorney. The CC&R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed, and shall make the City a party thereto, and shall be enforceable by the City. The CC&R's shall be reviewed and approved by the City and recorded prior to the recordation of the final tract map. Written proof of recordation with the Los Angeles County Recorder/Registrars Office shall be provided to the Planning Department. e. The CC&R's shall include a parking assignment chart that indicates the parking spaces assigned to each unit and parking spaces specified for reserved. f. All common areas shall be owned, operated and maintained by the Homeowners' Association. • g. Prior to the issuance of building permits, the applicant shall draft a Prospective Homebuyer's Awareness Package (PHAP), and submit it to the Planning Director for review and approval. Such package shall include: 1. A standardized cover sheet as approved by the Planning Department. 2. Zoning and General Plan information. 3 Resolution No. 2007-1 January 16, 2007 • • 3. School information. 4. Special assessment district information. 5. A copy of the Covenants, Conditions and Restrictions (CC & R's) applicable to the tract. . 6. Any additional information deemed necessary by the Planning Department, Planning Commission, or City Council for the full disclosure of pertinent information. h. Building Division 1. All interior building plumbing shall be owned and maintained by the HOA. This shall be a CC&R. SECTION 6. The City Clerk shall certify as to the passage of this Resolution. PASSED AND APPROVED on this 16th day of January, 2007. ATTEST: City Clerk La rie 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 16`h day of January 2007, by the following vote of the City Council: AYES: Hernandez, Sanderson, Lane, Touhey NOES: None ABSENT: Herfert ABSTAIN: None EXPIRATION DATE: January 16, 2009 C1ty Attot ey A ld Alvarez-Glasman City Clerk aurie Camco 0