Resolution - 2007-2RESOLUTION NO. 2007-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, OVERTURNING THE DECISION OF THE
PLANNING COMMISSION AND APPROVING PRECISE PLAN NO. 06-09
0 PRECISE PLAN NO. 06-09
CATEGORICAL EXEMPTION
APPLICANT: Mark Gleiberman (MG Properties)
LOCATION: 2900 - 2944 E. Virginia Avenue
WHEREAS, there was filed with this Council a verified application on forms prescribed
by the Commission, a request for a precise plan of design for:
Site plan revisions consisting of the addition of parking spaces and the addition of garage
doors on existing carports in conjunction with the conversion of 85 apartment units to
condominiums
On that certain property generally described as:
Assessor's Parcel Number 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 duly advertised public hearings as prescribed by law to consider said
application; and
WHEREAS, on December 12, 2006, the Planning Commission did adopt Resolution No.
06-5193 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 a conditional use permit to allow the existing 85
apartment units to be converted to condominiums has been submitted for the development of the
project; and
WHEREAS, consistent with the request a tentative tract map for an air rights subdivision
for residential condominiums 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 precise plan for revisions to the parking facilities
including the addition of seven parking spaces and the addition of garage doors on the
existing carports.
2. The proposal includes approval of a conditional use permit to allow the conversion of 85
apartment units to 85 condominium units.
3. The proposal also includes a tentative tract map to allow an air rights subdivision.
Resolution No. 2007-2
January 16,2007
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.
5. Appropriate findings for approval of a precise plan of design are as follows:
• a. That consideration has been given and restrictions imposed to the extent necessary to
permit the same degree of enjoyment of the subject property, but subject to the same
degree of protection of adjoining properties, as would be accorded in normal
circumstances, by the standard restrictions imposed by the Municipal Code.
b. That strict adherence to the development standards of the applicable zone and the
proposed precise plan will not measurably depreciate property values in the vicinity or
interfere with the use or enjoyment of property in the vicinity or endanger the public
peace, health, safety or general welfare.
c. That the project is reviewed in terms of its architectural design, general exterior
appearance, landscaping, color, texture of surface materials and exterior construction,
shape and bulk and other physical characteristics including location and type of
public utility facilities and is found to facilitate the orderly development of the precise
plan area.
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, the City Council of the City of West Covina does resolve as follows:
SECTION 1. On the basis of the evidence presented, both oral and documentary, the City
Council makes the following findings:
a. The project consists of revisions to an existing apartment complex to allow it to be
converted to an air rights condominium. The revisions include the addition of seven parking
spaces and the installation of garage doors on existing carports. While the buildings were
constructed in the 1960's, the existing parking is not in compliance with current parking
standards in regards to parking space dimension, the number of spaces, the number of
covered parking spaces, and the distance from the parking space to the residential unit. The
proposed project meets or exceeds all other applicable Municipal Code.
A total of 172 parking spaces are provided for the residential complex. The parking
spaces are generally located around the perimeter of the complex. Unit sizes are in
compliance with minimum unit sizes required by the Municipal Code.
b. The existing apartment complex includes eighteen buildings. The existing buildings will
remain as is with no additions or floor area modifications. New parking spaces would be
added at various locations throughout the site and new garage doors would be installed on
existing carports. Existing recreational amenities and landscaping would remain.
The primary use of the proposed buildings will continue to be a residential use. The
conversion of apartment buildings to condominium use will not depreciate property
values or interfere with the use or enjoyment of property in the vicinity or endanger the
public peace, health, safety or general welfare, due to its location within the existing retail
district, and the general compatibility of the project with the other uses in the surrounding
• area.
c. The existing building layout on the subject property will not be altered. Seven new parking
spaces would be added at various locations around the property. The appearance of the
buildings would remain the same. Landscaping and recreational amenities on the property
would not be significantly altered. The buildings are currently served by all utilities and the
project will not result in any significant impact.
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Resolution No. 2007-2
January 16, 2007
SECTION 2. That pursuant to all of the evidence presented, both oral and documentary,
and further based on the findings above, Precise Plan No.06-09 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
isproperty is commenced and before the Certificate of Occupancy is issued, and the violation of any
of which shall be grounds for revocation of said precise plan by the Planning Commission or City
Council.
SECTION 3. That the precise plan 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
Director, his affidavit stating he is aware of, and accepts, all conditions of this precise plan 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 attorneys' 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, Precise Plan No. 06-09 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. Recordation of Final Tract Map with the Los Angeles County Recorder shall be required
prior to issuance of building permits.
e. Submit a landscape plan for new or affected landscape areas due to construction impacts
throughout interior and exterior of the site as per Planning Director's approval.
f. All standards and requirements of the California Department of Real Estate shall be
completed.
g. The applicant shall sign an affidavit accepting all conditions of this approval.
h. Submit a physical elements report detailing the structural condition of each element of
the property, including foundation, electrical, plumbing, utilities, walls, ceilings,
windows, recreational facilities, sound transmission of each building, mechanical
equipment, parking facilities, and appliances. The applicant shall submit, prior to the
recordation of the final map.
i. The applicant shall certify that the consumption of gas and electricity within each unit be
• separately metered so that the unit owner can be separately billed for each utility, prior to
the recordation of the final map.
j. The applicant shall certify that each unit shall have an individual panel board for all
electrical circuits, prior to the recordation of the final map.
k. The applicant shall certify that wall and floor -ceiling assemblies conform to the sound
insulation performance criteria promulgated of the California Administrative Code, prior
to the recordation of the final map.
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Resolution No. 2007-2
January 16, 2007
1. The applicant shall submit a structural termite inspection report prepared by a licensed
inspector. If repairs are recommended, the applicant shall obtain a written determination
from the Building Division as to which repairs require a building permit and which are
exempt. Building permits shall be obtained, repairs completed and inspected by a City
Building inspector, prior to the recordation of the final map. For repairs that do not
• require a building permit, the applicant shall submit a written statement of completion
certified by the licensed inspector.
m. The applicant shall submit a report from a mold inspector. If repairs are recommended,
the applicant shall obtain a written determination from the Building Division as to which
repairs require a building permit and which are exempt. Building permits shall be
obtained, repairs completed and inspected by a City Building Inspector, prior to the
recordation of the final map. For repairs that do not require a building permit, the
applicant shall submit a written statement of completion certified by the licensed
inspector.
n. The applicant shall submit a report on the presence of lead -based paint. If lead -based
paint is present, a work program to eliminate the lead -based paint shall be submitted,
prior to the recordation of the final map.
o. The proposed subdivision shall conform to West Covina Municipal Code Chapter 20 -
Subdivisions.
p. 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 parry 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.
q. 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.
r. 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.
s. All common areas shall be owned, operated and maintained by the Homeowners'
Association.
t. 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. School information.
4. Special assessment district information.
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Resolution No. 2007-2
January 16, 2007
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.
is
u. 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. Compliance with the State of California Accessibility regulations is required, including:
Accessible path of travel to entrances from the public sidewalk.
3. Sanitation District Industrial waste approval of waiver is required. (310) 945-8200.
4. All interior building plumbing shall be owned and maintained by the HOA. This shall be
a CC&R.
v. Fire Department Requirements:
1. After the construction project is completed and final approval has been granted by the
Fire Department, any sets of plans the Fire Department has will be retained for pick-up
for 60 days. If they are not picked up within 60 days, the plans will be discarded.
2. Fire lanes shall be determined by the Fire Department and painted, or posted, before
construction final.
3. Turn radiuses for fire department access shall be a minimum of 35' (on center of 12
ft.). Approved provisions for the turning radius of the fire apparatus shall also be
provided when a dead-end access roadway (if applicable) is in excess of 150' in
length. UFC, Section 902.2.2
4. Plans for fire department access roads shall be submitted for review and approval prior
to construction. Access roads shall have an unobstructed width of not less than 25 feet
and unobstructed vertical clearance of not less than 13 feet 6 inches. All parts of the
buildings exterior shall be within 150 feet of an approved fire department access road
UFC, Section 901.
5. Plans and specifications for fire hydrant systems shall be submitted to the Fire
Department for review and approval prior to construction. Fire hydrant location and
spacing shall comply with UFC, Appendix III -A. Fire flow shall comply with UFC,
Appendix III-B.
6. New public and/or on site fire hydrants may be required. Maximum spacing is 300' or
150' from the end of the cul-del-sac or dead-end. Show all fire hydrant locations on a
site map within 300' of the project. Fire flow shall comply with fire code
requirements, but shall not be less than 1000 gpm (residential or 1500 gpm
(commercial), for duration of 2 hours. A letter form the Water Company shall verify
required fire flow. UFC. Section 903.2 and 901.4.
7. Gated access to the property is required to have a card reader installed which will
is
open the gate automatically, for emergency personnel, with master card.
w. Engineering Division Requirements:
1. Comply with all conditions contained in Planning Commission Resolution No. 567.
2. Sanitary sewers shall be provided to each "lot" in compliance with Municipal Code
Chapter 23, Article 2, and to the satisfaction of the City Engineer.
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Resolution No. 2007-2
January 16, 2007
3. The required street dedication shall include that portion of Barranca Avenue and
Virginia Avenue contiguous to the subject property. The improvements include
construction of concrete curb, gutter, sidewalk, street trees, etc.
4. A nine -foot wide sidewalk (with trees in tree wells) shall be constructed along
Barranca Avenue adjacent to the property line and five-foot wide sidewalk with (trees
• in tree wells) adjacent to the curb on Virginia Avenue.
5. Adequate provision shall be made for acceptance and disposal of surface drainage
entering the property.
6. Prior to the sale of the first units, the applicant shall apply to the Traffic Commission
to establish a permit -parking program on the portion of Virginia Avenue adjacent to
the property.
7. Water service facilities shall be constructed to at least meet the requirements for fire
flow established by the City's Fire Department and the requirements of the
subsequent water purveyor/owner of the facilities.
8. Prior to issuance of Building Permit, all of the following requirements shall be
satisfied:
a) A final grading and drainage plan showing existing and proposed elevations and
drainage structures (and showing existing and proposed on -site and off -site
improvements) shall be submitted to and approved by the Planning Department
and Engineering Division.
b) Arrangements for the installation of streetlights with underground wiring shall be
made with Southern California Edison Company. At the time of installation, the
applicant shall provide the necessary trenching and backfill. Submit two sets of
the subdivision and/or development plans to the Engineering Division, Traffic and
Lighting Section, to be used for designing the street lighting system.
c) A parking lot lighting plan showing electrolier types and locations, average
illumination levels, points of minimum illumination and photometric data in
conformance with Planning Commission Resolution No. 2513 and as requested
shall be submitted to and approved by the City Engineer.
d) An itemized cost estimate for all on -site and off -site improvements to be
constructed (except buildings) shall be submitted to the Engineering Division for
approval. Based upon the approved cost estimates, required fees shall be paid and
improvement securities for all on -site and off -site improvements (except
buildings) and 100% labor/material securities for all off -site improvements, shall
be posted prior to final approval of the plans.
9. The proposed subdivision shall conform to West Covina Municipal Code Chapter 20
— Subdivisions.
10. Joint use parking and/or access agreement to the satisfaction of the City Engineer and
City Attorney shall be recorded with the Los Angeles County Recorder.
11. Comply with all regulations of the Los Angeles Water Quality Control Board and
Article II of Chapter 9 of the West Covina Municipal Code concerning
• stormwater/urban run-off pollution control. Including preparation of SWPPP and
SUSUMP documents and erosion control plans.
12. The developer shall deposit $29,000 for future street rehabilitation work on Virginia
Avenue and Barranca Street up to center line.
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Resolution No. 2007-2
January 16, 2007
SECTION 6. The City Clerk shall certify as to the passage of this Resolution.
0
PASSED AND APPROVED on this 161h day of January, 2007.
Mayor Michael Touhey
ATTEST:
M4fCity Clerk Lauri LCarrico
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 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
APPROVED AS TO FORM:
N
City Atto ey Arr old Alvarez-Glasman
C�
City Clerk L urie Carrico