Resolution - 2007-4RESOLUTION NO. 2007-4
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, OVERTURNING THE DECISION OF THE
PLANNING COMMISSION AND APPROVING VARIANCE NO.06-01
•VARIANCE NO. 06-01
0- 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.variance to:
Deviate from code requirements, including parking distance, parking dimension, and the
number of enclosed parking spaces in conjunction with the conversion of 85 apartment
units to condominiums on that certain property generally 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
281h 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.
06-5195 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 tentative tract map for an air rights subdivision
for residential condominiums has been submitted; 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 variance to deviate from code requirements
including the number of guest parking, parking distance, parking dimension, and the
number of covered parking spaces.
• 2. The proposal also includes a precise plan for modifications to the parking facilities and the
addition of garage doors.
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3. The proposal further includes a conditional use permit to allow the conversion of 85
apartment units to 85 condominium units.
4. The proposal further includes a tentative tract map to allow an air rights subdivision,
Resolution No. 2007-4
January 16, 2007
5. Appropriate findings for approval of a variance are as follows:
a. That there are exceptional or extraordinary circumstances not applicable generally to the
other property or class of use in the same vicinity and zone.
b. That such variance is necessary for the preservation and enjoyment of a substantial
• property right possessed by other property in the same vicinity and zone but which is
denied to the property in question.
c. That granting such variance will not be materially detrimental to the public welfare or
injurious to property or improvements in such vicinity and zone in which property is
located.
d. That granting such variance shall be consistent with the adopted General Plan and any
applicable Specific Plans.
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 basis of evidence presented, both oral and documentary, the City Council
makes the following findings:
a. The applicant is requesting a variance deviate from code requirements including the
number of guest parking, parking distance, parking dimension, and the number of
covered parking spaces. The site consists of an existing apartment complex. The
applicant is requesting to allow it to be converted to an air rights condominium.
While the buildings were constructed in the 1960's, the existing parking is not in
compliance with the current parking standards. The site is surrounded by similar
residential uses. A total of 172 parking spaces are provided for the residential
complex. New parking spaces would be added at various locations throughout the
site and new garage doors would be installed on existing carports.
b. 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.
c. The proposed condominium conversion meets or exceeds the requirements of the
Public Works Department and Fire Department and is not expected to endanger the
public peace, health, safety or general welfare. The project is not expected to adversely
affect property or improvements in the project vicinity.
d. The approved condominium conversion is consistent with the site's proposed General
Plan designation of "Medium High Density Residential" (15.1 to 20 dwelling units
per acre).
SECTION 2. That pursuant to all evidence presented, both oral and documentary, and
further based on the findings above, Variance No. 06-01 is approved subject to provisions of the
• West Covina Municipal Code, provided physical development of the herein described property shall
conform to said plan and 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 use or occupancy of the property is commenced and before the
Certificate of Occupancy is issued, and violation of any of which shall be grounds for revocation of
said variance by the Planning Commission or City Council.
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Resolution No. 20074
January 16, 2007
SECTION 3. That the variance 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
Department his affidavit stating he is aware of, and accepts, all conditions of this variance 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 processing this application
pursuant to City Council Resolution No. 8690.
SECTION 4. Costs and expenses of enforcement activities, including, but not limited to
attorneys' fees, caused by applicant violation of any condition imposed by this approval or any
provision of the West Covina Municipal Code shall be paid by applicant.
SECTION 5. That pursuant to all evidence presented, both oral and documentary, and
further based on the findings above, Variance No. 06-01 is approved as follows, subject to the
following conditions:
a. Comply with plans reviewed by the Planning Commission on November 28, 2006.
b. Comply with all other sections of the Municipal Code.
c. The variance is for the ability to vary from required development standards including
the, parking distance, parking dimension, and the number of enclosed parking spaces,
more specifically as follows:
a. Provide a total of 172 parking spaces where a total of 191 parking spaces would
otherwise be required.
b. Provide a total of 100 enclosed parking spaces where a total of 170 enclosed
parking spaces would otherwise be required.
c. Provide parking spaces with dimensions of 9 feet x 20 feet for enclosed parking
spaces and 8 feet x 17 feet — 8.5 feet x 20 feet for open parking spaces where
enclosed parking spaces would otherwise be required to be the dimension of 10
feet x 20 feet and open parking spaces would otherwise be required to be the
dimension of 9 feet x 20 feet.
d. Provide a total 54 parking spaces that are located a distance of greater than 60 feet
from their associated units (with the furthest distance being 205 feet) where all
reserved parking spaces would otherwise be required to be located no greater than
60 feet from their associated units.
d. The approval of the variance is to deviate from listed development standards only to
the extent indicated herein and as further reflected on approved plans and no further.
Further and/or additional deviations from stated development standards may only be
approved by means of a separate variance.
SECTION 6. The City Clerk shall certify as to the passage of this Resolution.
PASSED AND APPROVED on this 16t° day of January, 2007.
ATTEST:
•
ity Clerk Lkurie Carrico
Mliyor Mrchael Touhey
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Resolution No. 7007-4
January 16, 2007
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:
City Attorney A nold Alvarez-Glasman
•
Clerk
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