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Resolution - 2007-3RESOLUTION NO.2007-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OVERTURNING THE DECISION OF THE PLANNING COMMISSION AND APPROVING TENTATIVE TRACT MAP NO. 65593 TENTATIVE TRACT MAP NO. 65593 Is 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 tentative tract map to: approve air rights subdivision for residential condominiums purposes on that certain property described as: Assessor 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 noticed public hearing to consider said application; and WHEREAS, on December 12,2006, the Planning Commission did adopt Resolution No. 06-5194 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 16`h 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 has been submitted to allow the conversion of apartments to 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 tentative tract map to allow an air rights subdivision. 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 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. 2007-3 January 16, 2007 5. Appropriate findings for approval of a tentative tract map areas follows: a. That the proposed map is consistent with applicable general and specific plans. b. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. • c. That the site is physically suitable for the type of development. d. That the site is physically suitable for the proposed density of development. e. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish, wildlife or their habitat. f. That the design of the subdivision or the type of improvements are not likely to cause serious public health problems. g. That the design of the subdivision or the type of improvements will not conflict with easements acquired by the public for access through or use of property within the proposed subdivision. 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, for Tentative Tract Map No. 65593, the City Council makes the following findings: a. The proposed map is consistent with and aids in implementing the proposed "Medium High Density Residential' land use designation of the West Covina General Plan in that the proposed condominium conversion will remain at a density of 16 dwelling units per acre (overall). The "Medium High Density Residential' designation allows densities of 15.1to 20.0 dwelling units per acre. The tentative tract map is also consistent with the development standards of the "Multiple -Family Residential' (MF-20) Zone, with the exception of the requested variances. b. The project site consists of revisions to the existing apartment complex including additional parking throughout the site and converting carports to garages and is consistent with the general plan. The proposed condominium conversion is consistent with the "Medium High Density Residential" land use designation of the General Plan. c. The site consists of an existing apartment complex surrounded by multi -family apartment uses. Adequate provisions have been incorporated into the design to accommodate the required development standards of the "Multiple -Family Residential' (MF-20) Zone, with the exception of the requested variances. The site has access from Virgina Avenue. d. The gross area of the site is approximately 5.3 acres and allows for the conversion of the existing apartment complex into 85 "air space" condominium lots. In additional parking would be added throughout the site. Existing landscaping, and recreational amenities would remain. The tentative tract map is consistent with the development standards of • the "Multiple -Family Residential' (MF-20) Zone, with the exception of the requested variances. The site is developed in accordance with requirements of the West Covina Municipal Code and the City Engineer. e. The site consists of an existing 85-unit apartment complex. The site is vegetated with grasses and ornamental trees in and around the property. There are no known endangered, threatened or rare species or habitats, or designated natural communities, wetlands habitat, or wildlife dispersal or migration corridors present on site. Resolution No. 2007-3 January 16, 2007 f The proposed map and improvements will have access to a public sanitary sewer system, for the removal and disposal of wastewater, and to other necessary utility services. The site will be developed in accordance with the standards of the Public Works Department, the Municipal Code, the Uniform Building Code and other applicable requirements. g. While there are easements on the property, the existing easements would not be negatively affected by implementation of the proposed condominium conversion. Access • to the site will be provided by Virginia Avenue. SECTION 2. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, the tentative tract 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 tentative map by the Planning Commission or City Council. SECTION 3. That the tentative tract 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 and tree removal 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 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, Tentative Tract Map No. 65593 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. Automatic doors shall be installed on all garage doors. g. All standards and requirements of the California Department of Real Estate shall be completed. • 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. Resolution No. 2007-3 January 16, 2007 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. 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. in. 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. A phasing plan shall be submitted prior to recordation of the final map indicating the timeline for improvements and sale of condominium units, per Planning Director's approval. p. The applicant shall sign an affidavit accepting all conditions of this approval. q. The proposed subdivision shall conform to West Covina Municipal Code Chapter 20 - Subdivisions. r. 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. s. 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. t. The applicant shall indemnify, hold harmless and defend the City Of West Covina (City), isits 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. Resolution No. 2007-3 January 16, 2007 u. All common areas shall be owned, operated and maintained by the Homeowners' Association. v. 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. 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. 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. 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. 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. 7. 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. 8. Prior to the issuance of Building Permits, all of the following 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 and Engineering Departments. • 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 backfrll. Submit two sets of the subdivision and/or development plan to the Engineering Department, Traffic and Lighting Section, to be used for designing the street light system. Resolution No. 2007-3 January 16, 2007 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 estimates, required fees shall be paid and improvement securities for all on -site and off -site improvements (except buildings) and 100 percent labor/materials 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. x. 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. y. 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. is4. 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. Resolution No. 2007-3 January 16, 2007 17A 0 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 open the gate automatically, for emergency personnel, with master card. SECTION 6. The City Clerk shall certify as to the passage of this Resolution. PASSED AND APPROVED on this 161h day of January, 2007. tayAorMichaaelg TQy- ouhey ATTEST: 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 APPROVED AS TO FORM: k�j City Attorney old Alvarez-Glasman i City Clerk L urie Carrico