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.
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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.
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Resolution No. 2007-1
January 16, 2007
•
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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
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