Resolution - 2017-115RESOLUTION NO. 2017-115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF
THE PLANNING COMMISSION AND APPROVING
CONDITIONAL USE PERMIT NO. 17-10 ON APPEAL OF
PLANNING COMMISSION ACTION
CONDITIONAL USE PERMIT NO.17-10
CATEGORICAL EXEMPTION
APPLICANT: Jeffrey B. Fajardo for Candlelight Horne Merced
LOCATION: 1315W. Merced Avenue
WHEREAS, there was filed with this City, 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:
Operate an adult residential care facility for the developmentally disabled adults within an
existing single-family residence on that certain property described as:
Assessor's Parcel No. 8469-005-002, as listed in the records of the office of the Los
Angeles County Assessor; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the
26th day of September, 2017, conduct a duly advertised public hearing as prescribed by law;
and
WHEREAS, on January 31, 2017 an appeal of the Planning Commission action was
filed Jeffrey Fajardo (applicant); and
WHEREAS, the City Council did, on the 5 th day of December, 2017, 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, studies and investigations made by this Council and in its behalf reveal
the following facts:
I. The applicant is requesting the approval of a conditional use permit to establish an
adult residential care facility for developmentally disabled adults within a single-
family residence located on property zoned "Single-Family Residential" (R-1).
2. 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.
3. Pursuant to Section 15303 of the California Environmental Quality Act (CEQA),
the proposed project is considered to be Categorically Exempt (Class 3, New
Construction of Small New Facilities) in that the proposed use will occupy an
existing building..
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
West Covina as follows:
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 residential adult care facility is both necessary and desirable
at the subject location in order to offer assistance to residents within the
community. The proposed use will provide care for the community that is
difficult to provide at home. A residential adult care facility for persons
with special needs will provide the necessary care for persons who are
diagnosed with a developmental disability by allowing them to participate
jn activities that are geared towards meeting their needs. In addition the care
facility will provide supervision, nutritional and behavioral support,
transportation, community activities, and assistance with medical and dental
care.
b. The proposed use will not be detrimental to the health, safety, peace or
general welfare of persons working or residing in the vicinity of the project
in that conditions placed on the project will mitigate any potential adverse
effects. Care is limited to supervised, on-site, indoor or offsite daily
activities. Parking is adequate for the proposed use and is not expected to
negatively impact the site. Staff will be present at all times to supervise the
residents.
c. The subject site is adequate in size and shape to accommodate the proposed
use, and has adequate vehicular access onto West Merced Avenue (a minor
arterial). The subject site meets or exceeds all applicable Zoning Code
standards for residential areas.
d. The project is not expected to generate excess traffic onto residential streets
since the site has adequate vehicular access from West Merced Avenue, a
minor arterial. Due to the operations expected at the site, the traffic
generated by the care facility is not expected to produce significant levels
of additional traffic. Residents will not have their own vehicles and up to
five staff members are anticipated on-site. Traffic will mainly consist of a
twice-a-day shuttle Monday through Friday to a nearby day care facility.
e. The granting of the conditional use permit will not adversely affect the West
Covina General Plan, since the proposed use is consistent with the
property's land use designation of "Neighborhood Medium." The proposed
use is located on a site adjacent to a vacant lot and commercial buildings
and provides a transition from neighboring residential properties to the
commercial development located to the west.
2. That the approval of the conditional use permit is subject to the following conditions:
a) Comply with plans reviewed by the City Council on December 5, 2017.
b) This approval is for the operation of a 24/7 residential care facility for adults
ages 18 to 59 with developmental disabilities, as defined by the State.
c) This approval does not allow for the premises to be used as a rooming-house,
transitional living facility, rehabilitation facility, or any other similar use.
d) If the operation of the adult care facility ceases to operate, the use of the house
must be converted back to a single-family residence.
e) Comply with all requirements of the "Single-Family Residential" (R-1) Zone
and all other applicable standards of the West Covina Municipal Code.
The conditional use permit may be revoked, amended or suspended by the
Plarming Commission under the provisions of Section 26-253 of the West
Covina Municipal Code.
Any proposed change to the approved site plan or floor plan must first be
reviewed by the Planning, Building, and Fire Departments and shall require
the written authorization of the Planning Director prior to implementation.
h) That prior to final building permit issuance, a detailed landscape and irrigation
plan in compliance with AB 1881 and Executive Order B-29-15 shall be
submitted for the property. Plans shall include type, size and quantity of
landscape materials and irrigation equipment. All vegetation areas shall be
automatically irrigated and a detailed watering program and water budget shall
be provided. All damaged vegetation shall be replaced and the site shall be
kept free of diseased or dead plant materials and litter at all times. The
applicant shall coordinate with the applicable water district to determine if the
water district has any specific requirements for water efficient landscaping.
i) If the future parking and circulation conflicts occur related to the use of the
building, the Planning Commission shall have the right and ability to review
and revise the conditions imposed as they relate to parking and circulation.
j) The approved use shall not create a public nuisance as defined under Section
15-200 of the West Covina Municipal Code.
k) The applicant shall reinstate and obtain final Building Approval on Building
Permit No. B02-0131 prior to beginning operation of the residential care
facility.
1) No wall or detached signage shall be permitted, as the site is located within
the "Single-Family Residential" (R-1) zone.
m) The number of clients served on-site at this location shall not exceed 6.
n) The maximum number of permanent employees at the site at any time shall
not exceed 5.
o) The size of the adult residential care facility shall be limited to 2,294 square
feet.
The house shall feature seven bedrooms and three bathrooms.
q)
The existing garage and carport shall be maintained for the parking of
vehicles.
)4'1( 164-arvJ
ldmberly hiAll Barlow
City Attorney
r) The applicant shall obtain and maintain any required State or Federal licenses
for the adult residential care facility or this conditional use permit will be null
and void.
s) Planning Department approval is required prior to any site or architectural
changes or any expansion of the operations.
o) Building Division Requirements:
1. Obtain all required approvals and permits from the Building Division.
2. Design shall conform with CBC governing occupancy R2.1
ID)
Fire Department Requirements:
Contact the Fire Department for specific requirements.
SECTION 1. Based on the evidence presented, both oral and documentary, the City
Council approves Conditional Use Permit No. 17-10.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 5`h day oi/Decembgr, 2017.
APPROVED AS TO FORM ATTEST
I, 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 on the 5 th day
of December, 2017, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Johnson, Warshaw, Wu
Spence, Wu
None
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