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01-18-2011 - General Plan Amendment No. 10-01Zone Change No. 10 - Item 12 attach 6 (2).pdfPLANNING COMMISSION RESOLUTION NO. 10-5373 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO. 10-01, ZONE CHANGE NO. 10-01, PRECISE PLAN NO. 10-02, CONDITIONAL USE PERMIT NO. 10-02, AND VARIANCE NO. 10-02 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Alimad Ghaderi - Ashdon Development LOCATION: Northeast Corner of Azusa Avenue and Giambi Way WHEREAS, there was filed with this City verified applications on forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code requesting the approval of a precise plan to construct a auto service station facility including a car wash, convenience store, food service, a drive-through window, and office space. A conditional use permit is proposed for the operation of a service station, with accessory uses, on that certain property generally described as: Assessor's Parcel Nos. Assessor Parcel Nos. 8735-001-912, as shown on the latest rolls of the Los Angeles County Tax Assessor; and WHEREAS, the Planning Commission upon giving the required notice did on the 24th day of August, 2010, conduct duly advertised public hearings as prescribed by law to consider said application; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act (CEQA); and WHEREAS, an initial study was prepared for said project; and WHEREAS, based upon the fmdings of the initial study, it was determined that the proposed project will not have a significant impact on the environment and will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the California Fish and Game Code; and WHEREAS, a Negative Declaration of Environmental Impact was prepared for the proposed project pursuant to the requirements of the California Environmental Quality Act of 1970, as amended, and mitigation measures are included in said Negative Declaration in support of the finding that there will not be a significant effect on the environment as a result of this project. WHEREAS, the BKK Class LEI Landfill Closure, Postclosure Development Environmental Impact Report (State Clearinghouse No. 98061114) was certified in 2000, and the Big League Dreams City Park, Sports Complex and Commercial Retail Center Supplemental Environmental Impact Report was certified in 2003. Mitigation measures, adopted as part of that EIR and SEER, also apply to the proposed project. NOW, THEREFORE, the Planning Commission of the City of West Covina does hereby resolve as follows: After receiving and considering all determinations, studies, documents, and recommendations, as well as other appropriate public comments, the Planning ZAResos\2010 Resos\ 10-5373 Neg Ded AAA PAD.doc Planning Commission Resolut..on No. 10-5373 Mitigated Negative Declaration for GPA 10-01, ZC 10-01, PP 10-02, CUP 10-02, Var. 10-02 August 24, 2010— Page 2 Commission of the City of West Covina hereby recommends to the City Council certification of the Negative Declaration of Environmental Impact, subject to compliance with the mitigation measures that are recommended in the Negative Declaration of Environmental Impact as outlined below: Environmental Impacts Mitigation Measures Monitoring Dept./Agency Monitoring Methods Biological Construction of the proposed project Fish and Pre- Resources should begin prior to or after the nesting Wildlife construction season (end of February through May) to prevent any loss of individuals, nests or young that may move onto the site between the time of the last nesting survey and construction. service plan check On-site construction inspection If construction cannot be delayed until after the nesting season, pre-construction surveys within the construction zone shall be conducted by a qualified biologist. If no animals are detected during these surveys, then construction-related activities would proceed. If adult special-status animals are found within the construction disturbance zone, the project shall stop and notification of the U.S. Fish and Wildlife Service shall occur immediately. Construction would not resume until two weeks after the young have fledged. Cultural Cease Work if Subsurface Cultural Planning On-site Resources Resources are Discovered During Ground-Disturbing Activities. If a cultural resource is encountered, all activity in the vicinity of the find shall cease until it can be evaluated by a qualified archaeologist, defined as one meeting the Secretary of the Interior's Professional Qualification Department, Building Division construction inspection Standards for archaeology. If the fmd is determined to be potentially significant, the archaeologist, in consultation with the lead agency and appropriate Native American group(s) (if the find is a prehistoric or Native American resource), shall develop a treatment plan. All work in the immediate vicinity of the unanticipated discovery shall cease until the qualified archaeologist has evaluated the discovery, or the treatment plan has been implemented. Prior to the issuance of grading permits a qualified paleontologist shall be retained and approved by the lead agency to monitor all ground-disturbing activity. The duration and timing of monitoring Z:\Resos\2010 Resos\10-5373 Neg Ded AAA PAD.doc 0 Planning Commission Resolut.syn No. 10-5373 Mitigated Negative Declaration for GPA 10-01, ZC 10-01, PP 10-02, CUP 10-02, Var. 10-02 August 24, 2010 —Page 3 shall be determined by the qualified paleontologist in consultation with the lead agency and based on the grading plans. Initially, all ground-disturbing activities shall be monitored. However, if, during the course of monitoring, the paleontologist can demonstrate that the level of monitoring should be reduced, the paleontologist, in consultation with the lead agency, may adjust the level of monitoring to circumstances as warranted. If a potentially significant fossil is found, the paleontologist shall be allowed to temporarily divert or redirect grading and excavation activities in the area of the exposed fossil to facilitate evaluation and, if necessary, salvage. Any fossils encountered and recovered shall be catalogued and donated to a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County. Accompanying notes, maps, and photographs shall also be filed at the repository. Following the completion of the above tasks, the paleontologist shall prepare a report documenting the absence or discovery of fossil resources on-site. If fossils are found, the report shall summarize the results of the inspection program, identify those fossils encountered, recovery and curation efforts, and the methods used in these efforts, as well as describe the fossils collected and their significance. A copy of the report shall be provided to the County and to the Natural History Museum of Los Angeles County. Halt Work if Human Skeletal Remains are Identified During Construction. If human remains are encountered during construction excavation and grading activities, State Health and Safety Code Section 7050.5 requires that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98. If the remains are determined to be of Native American descent, the coroner has 24 hours to notify the Native American Heritage Commission. The NAHC will then identify the person(s) thought to be the Most Likely Descendent of the deceased Native American, who will then help determine what course of action should be ZAResos\2010 ResosU 0-5373 Neg Ded AAA PAD.doc Planning Commission Resolution No. 10-5373 Mitigated Negative Declaration for GPA 10-01, ZC 10-01, PP 10-02, CUP 10-02, Var. 10-02 August 24, 2010— Page 4 taken in dealing with the remains. Per PRC section 5097.98, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this section (PRC 5097.98), with the most likely descendents regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. Geology, Soils and Seismicity The project applicant shall implement the following measure: The project applicant shall conduct a project specific geotechnical investigation and incorporate into project design relevant specifications from the previous geotechnical investigation for the BKK Landfill closure as well as new specifications resulting from the project specific investigation. These engineering recommendations shall address foundations, trench backfill, earthwork and related structural considerations for construction of the underground storage tanks, aboveground structures, and support structures. The project applicant shall implement the following measure in addition to Mitigation Measure GEO-1: The project specific geotechnical investigation, as required in Mitigation Measure GE0-1, shall include specific recommendations for the construction of the proposed retaining walls. These recommendations will take into account potential liquefaction that may occur on the hillside of the adjacent, former BKK Landfill. The project design shall incorporate specifications that shall prevent damage to the project area as a result of the hazard. Building/ Engineering Pre- construction plan check On-site construction inspection , Hazards and Hazardous Materials Materials The project applicant shall prepare a Health and Safety Plan (HSP) in accordance with 29 CFR 1910 to protect construction workers and the public during all excavation, grading, and construction services. The HSP shall identify the following, but not be limited to: Building . . . Division Fire Department Pre- construction plan check On-site construction inspection Z:\Resos\2010 Resos\10-5373 Neg Ded AAA PAD.doc 0 Planning Commission Resolution No. 10-5373 Mitigated Negative Declaration for GPA 10-01, ZC 10-01, PP 10-02, CUP 10-02, Var. 10-02. August 24, 2010— Page 5 • A summary of all potential risks to construction workers and maximum exposure limits for all known and reasonably foreseeable site chemicals; • Specified personal protective equipment and decontamination procedures, if needed; Approval of Closure report by the Fire Department • Safety procedures to be followed in the event suspected hazardous materials are encountered; • Emergency procedures, including route to the nearest hospital; and • The identification of a site health and safety officer and responsibilities of the site health and safety officer. The contractor shall implement construction best management practices (BMPs) for handling hazardous materials on-site. The use of construction BMPs shall minimize potential negative effects, and shall include, without limitation, the following: • Follow manufacturers' recommendations and regulatory requirements for use, storage, and disposal of hazardous materials and petroleum products used in construction; • Avoid overtopping construction equipment fuel tanks; • Properly contain and dispose of grease and oils used for routine maintenance of construction equipment; and Properly dispose of discarded containers of fuels and other chemicals. Hydrology and The project applicant and its contractors Building/ On-site Water Quality shall comply with the NPDES permit requirements established by the RWQCB for dewatering activities, if required, as follows: Engineering construction inspection • The RWQCB could require compliance with certain provisions in the permit such as treatment of the flows prior to discharge. The groundwater removed by dewatering would either be discharged to the sanitary sewer or storm drain system with authorization of and required permits from the applicable regulatory , ZAResos\2010 Resos\10-5373 Neg Ded AAA PAD.doc Planning Commission Resolution No. 10-5373 Mitigated Negative Declaration for GPA 10-01, ZC 10-01, PP 10-02, CUP 10-02, Var. 10-02 August 24, 2010— Page 6 agencies or collected, tested, treated if necessary, and discharged to a local drainage with authorization from the RWQCB; and • The project sponsor and its contractors shall comply with applicable permit conditions associated with the treatment of groundwater prior to discharge. The project applicant shall implement the following measure: The project applicant shall conduct a project-specific drainage study to determine required storm drainage capacities for the project sites. Recommendations and specifications of the drainage study shall be incorporated in the final project design. 2. Non-compliance with the aforementioned mitigation measures as by the monitoring department/agency and any measures taken to correct said non-compliance shall be immediately reported to the Planning Department on the City of West Covina Monitoring Checklist Form. 3. The applicant agrees to implement the aforementioned mitigation measures and monitoring or reporting requirements. 4. Failure to comply with any aforementioned mitigation measures and/or monitoring or reporting requirements will result in a written notice of violation from the City to the applicant at which time the City may order that all or a portion of pre-construction, construction, post-construction activity or project implementation must cease until compliance is reached. 5. The California Environmental Quality Act (CEQA) and State and local guidelines, rules, regulations, and procedures adopted pursuant thereto permits the City of West Covina to impose any fees or charges associated with implementing the above monitoring program upon the applicant. 6. The project shall comply with the mitigation measures stipulated in the BKK Class ifi Landfill Closure, Postclosure Development Environmental Impact Report (State Clearinghouse No 98061114) (BKK landfill EIR) certified in 2000, and the Big League Dreams City Park, Sports Complex and Commercial Retail Center Supplemental Environmental Impact Report (Big League Dreams SEIR, certified in 2003. ZAResos\2010 Resos\ 10-5373 Neg Ded AAA PAD.doc ( Planning Commission Resolnt.on No. 10-5373 Mitigated Negative Declaration for GPA 10-01, ZC 10-01, PP 10-02, CUP 10-02, Var. 10-02 August 24, 2010 —Page 7 I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning Commission of the City of West Covina, at a regular meeting held on the 24th day of August, 2010, by the following vote: AYES: Redholtz, Holtz, Sotelo, Carrico, Stewart NOES: None ABSENT: N ABSTAIN: None DATE: August 24,2010 / I 1 Robert A. Sotelo, Chairman Planning Commission Jef c/I:rson, Secretary P anning Commission Z:\Resos\2010 Resos\10-5373 Neg Ded AAA PAD.doc PLANNING COMMISSION RESOLUTION NO.10-5374 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. 10-01 GENERAL PLAN AMENDMENT NO. 10-01 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Ahmad Ghaderi - Ashdon Development LOCATION: Northeast Corner of Azusa Avenue and Giambi Way WHEREAS, there was filed with this Commission a verified application on the forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code, requesting the redesignation of land use as set forth in the General Plan from: "Open Space" to "Service and Neighborhood Commercial," on that certain property generally described as: Assessor Parcel No. 8735-001-912 in the records of the Los Angeles County Assessor; and WHEREAS, the requested General Plan amendment has been proposed to facilitate the development of a auto service station including a car wash, convenience store, food service, a drive-through window, and office space; and WHEREAS, consistent with this request, the applicant has also requested a zone change from "Open Space" (0-S) to "Service Commercial" (S-C); and WHEREAS, a precise plan for the site plan and architecture has been submitted for the development of the project; and WHEREAS, consistent with this request, the applicant has submitted a conditional use permit application for the operation of a service station, car wash, drive-through facilities, convenience store and fast food use; and WHEREAS, it is a stated policy of the Land Use Element of the General Plan to provide for a range of non-residential uses that will ensure a strong economic base for the City; and WHEREAS, the Planning Commission upon giving the required notice did on the 24th day of August, 2010, conduct a duly advertised public hearing as prescribed by law to consider said application. NOW, THEREFORE, the Planning Commission of the City of West Covina does hereby resolve as follows: SECTION 1: Based on the evidence presented, both oral and documentary, the Planning Commission recommends that the City Council approve General Plan Amendment No. 10-01, amending the land use designation for the subject property as set forth on the Land Use Map of the Land Use Element as depicted on Exhibit A; and SECTION 2: A Negative Declaration of Environmental Impact has been prepared in accordance with the California Environmental Quality Act of 1970, as amended. SECTION 3: The Secretary shall be instructed to forward a copy of this Resolution to the City Council for its attention in the manner prescribed by law. Z:T.esos\2010 ResosU 0-5374 GPA AAA PAD.doc Planning Commission Resolution No. 10-5374 General Plan Amendment No. 10-01 August 24, 2010 - Page 2 I HEREBY CERTIFY that the foregoing Resolution was adopted by the Planning Commission of the City of West Covina at a regular meeting held on the 24th day of August, 2010, by the following vote: AYES: Redholtz, Holtz, Sotelo, Carrico, Stewart NOES: None ABSENT: N, ABSTAIN: None DATE: August 24, 2010 Robert A. Sotelo, Chairman Planning Commission Je don, Secretary P g Commission Z:\Resos\2010 Resos\10-5374 GPA AAA PAD.doc GENERAL PLAN AMENDMENT NO. 10-01 EXHIBIT A tit • *It st Indicates area proposed to be redesignated from "Open Space" to "Service and Neighborhood Commercial" LANNING COMMISSION RESOLUTION NO. 10-5375 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE NO. 10-01 ZONE CHANGE NO. 10-01 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Abmad Ghaderi - Ashdon Development LOCATION: Northeast Corner of Azusa Avenue and Giambi Way WHEREAS, there was filed with this Commission a verified application on the forms prescribed in Section 26-153 and 26-199 of the West Covina Municipal Code, for the reclassification from: "Open Space" (0-S) to "Service Commercial" (S-C) on that certain property generally described as follows: Assessor Parcel No. 8435-001-912, in the records of the Los Angeles County Assessor; and WHEREAS, consistent with the request, the applicant has also requested a General Plan amendment from "Open Space" to "Service and Neighborhood Commercial"; and WHEREAS, the proposed zone change is requested to provide consistency between the General Plan and Zoning Map, and to establish zoning standards for the subject project; and WHEREAS, said zone change application is requested to allow for the development of a auto service station; and WHEREAS, a precise plan for the site plan and architecture has been submitted for the development of the project; and WHEREAS, consistent with this request, the applicant has submitted a conditional use permit application for the operation of a service station, car wash, drive-through facilities, convenience store and fast food use; and WHEREAS, it is a stated policy of the Land Use Element of the General Plan to provide for a range of non-residential uses that will ensure a strong economic base for the City; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 24th day of August, 2010, conduct a duly noticed public hearing to consider said application; and WHEREAS, studies and investigations made by the Planning Commission and in its behalf reveal the following facts: The applicant is requesting approval of a design to allow for the construction of an auto service station facility on a 2.13-acre property. 2. The project consists of a zone change requesting to change the zone from "Open Space" (0-S) to "Service Commercial" (S-C). Findings necessary for approval of a zone change are as follows: Z:\Resos\2010 Resos\10-5375 ZC AAA PAD.doc Planning Commission Resolutioi___.o. 10-5375 Zone Change No. 10-01 August 24, 2010 - Page 2 a. There are changed conditions since the existing zoning became effective to warrant other or additional zoning. b. The proposed change of zone will not adversely affect adjoining property as to value or precedent and will not be detrimental to the area. c. A change of zone will be in the interest or furtherance of the public health, safety, and general welfare. d. The approval of such a change of zone will not adversely affect the comprehensive General Plan so adopted by the City. The approval of such a zone change is consistent with the General Plan or applicable specific plans. 4. Pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, a NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT has been prepared indicating that although the project could have a significant effect on the environment, there will not be a significant effect due to mitigating measures. WHEREAS, based on the evidence, both oral and documentary, the Planning Commission fmds as follows: The proposed zone change facilitates the development of an auto service station that would include a self-service car wash and a two-story convenience store building with office space and space for fast food use. The proposed development will be consistent with the neighboring retail uses to the south of the subject site. The existing zoning restricts the property to open space uses. The Master Plan of Streets designates South Azusa Avenue as a six-lane "Principal Arterial". The street is designed to accommodate high traffic volumes. Surrounding land uses include natural habitat to the north, retail uses to the south, single-family residences to the west of the subject property and Big League Dreams Sports Park to the east of the site. The proposed zone change will not adversely affect adjoining property value and will not be detrimental to the area because the property is adjacent to commercial/entertainment uses on the east and south. The proposed development is a gas station development that has been designed to be sensitive to neighboring single-family properties in terms of setbacks, architectural treatment and privacy issues. Residential uses are separated from the subject property by the 6-lane Azusa Avenue and residential uses a higher in elevation from the subject property. The proposed zone change is compatible with the surrounding area in that the subject property is located in an area with other commercial retail service oriented developments. The subject use is separated from residential uses to the west by a principal arterial and by topography. d. The proposed zone change will not adversely affect the General Plan as consistency between the General Plan and the Zoning Map will be maintained through the proposed General Plan amendment. The concurrent General Plan amendment allows for developments of service retail uses. e. The approval of such zone change is consistent with the proposed General Plan land use designation of "Service and Neighborhood Commercial." That proposed land use designation allows for service retail developments. The proposed retail designation allows for convenience retail uses. There are no specific plans that affect the property. Z:\Resos\2010 Resos\10-5375 ZC AAA PAD.doc , C1'7G rTh Zone Change No. 10-01 August 24, 2010 - Page 3 NOW, THEREFORE, the Planning Commission of the City of West Covina, California, does resolve as follows: SECTION NO. 1: Based on the evidence presented, and the findings set forth, the above Zone Change No. 10-01 is hereby found to be consistent with the City's General Plan and the land uses permitted within said zone classification. SECTION NO. 2: The Planning Commission does hereby recommend to the City Council that it approve Zone Change No. 10-01, changing the zoning designation for subject property as set forth on Exhibit A, and amending the Zoning Map of the City of West Covina. SECTION NO. 3: The Secretary is instructed to forward a copy of this Resolution to the City Council for its attention in the manner prescribed by law. I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning Commission of the City of West Covina, at a regular meeting held on the 24th day of August, 2010, by the following vote: AYES: Redholtz, Holtz, Sotelo, Carrico, Stewart NOES: None ABSENT: None ABSTAIN: None DATE: August 24, 2010 Robert A. Sotelo, Chairman Planning Commission Jeff , erson, Secretary Ph • g Commission ZAResos\2010 Resos\10-5375 ZC AAA PAD.doc ZONE CHANGE NO. 10-01 EXHIBIT A Indicates area proposed to be rezoned from "Open Space" (0-S) to "Service Commercial" (S-C) PLANNING COMMISSION RESOLUTION NO.10-5376 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PRECISE PLAN NO. 10-02 PRECISE PLAN NO. 10-02 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Ahmad Ghaderi - Ashdon Development LOCATION: Northeast Corner of Azusa Avenue and Giambi Way WHEREAS, there was filed with this Commission, a verified application on the forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code, requesting approval of a precise plan to: Allow for the construction of a auto service station with accessory uses including a car wash, drive-through, convenience store, and fast food use on a 2.13-acre property; and on that certain property described as: Assessor's Parcel Number 8735-001-912, in the records of the Los Angeles County Assessor; and WHEREAS, consistent with the request, the applicant has also requested a General Plan amendment from "Open Space" to "Service and Neighborhood Commercial"; and WHEREAS, the proposed zone change is requested to provide consistency between the General Plan and Zoning Map, and to establish zoning standards for the subject project; and WHEREAS, said zone change application is requested to allow for the development of a auto service station facility; and WHEREAS, consistent with this request, the applicant has submitted a conditional use permit application for the operation of a service station, car wash, drive-through facilities, convenience store and fast food use; and WHEREAS, a variance has been submitted to deviate from various zoning regulations regarding off-site signage; and WHEREAS, the Planning Commission upon giving the required notice did on the 24th day of August, 2010 conduct a duly advertised public hearing as prescribed by law to consider said application; and WHEREAS, studies and investigations made by this Commission and in its behalf reveal the following facts: The applicant is requesting approval of a precise plan to approve the design and allow the construction of a of an auto service station facility. Additionally, 30 parking spaces are proposed. 2. The project consists of General Plan amendment to change the land use designation from "Open Space" to "Service and Neighborhood Commercial". Z:\Resos\2010 Resos\10-5376 PP AAA PAD.doc Planning Commission Resolution Ao. 10-5376 Precise Plan No. 10-02 August 24, 2010-Page 2 The project consists of a zone change requesting to change the zone from "Open Space" (0-S) to "Service Commercial" (S-C). The applicant is requesting approval of a conditional use permit, to allow the operation of a service station, self-service car wash, drive-through, convenience store, and fast food use. The applicant is requesting approval of a variance to deviate from the code requirements regarding off site signage. Appropriate findings for approval of a precise plan of design are as follows: a. The proposed development plans and the uses proposed are consistent with the General Plan and any applicable specific plan. b. The proposed development is consistent with adopted development standards for the zone and complies with all other applicable provision of the Municipal Code. c. Granting the permit would not be detrimental to the public interest, health, safety, and welfare and would not unreasonably interfere with the use or enjoyment of property in the vicinity of the subject property. d. The site is physically suitable for the type, density and intensity of the development being proposed, including vehicle access and circulation, utilities, and the absence of physical constraints. The architecture, site layout, location, shape, bulk and physical characteristics of the proposed development are compatible with the existing and future land uses, and do not interfere with orderly development in the vicinity. Pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, a MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT has been prepared indicating that although the project could have a significant effect on the environment, there will not be a significant effect due to mitigating measures. NOW, THEREFORE, the Planning Commission of the City of West Covina does resolve as follows: On the basis of the evidence presented, both oral and documentary, the Planning Commission makes the following findings: The project consists of a request for a precise plan to allow for the construction and operation of a 13,290-square foot gasoline service station facility including a car wash, convenience store, food service, a drive-through window, and office space on a 2.1-acre lot. Additionally, a conditional use permit is required to allow for the operation of a service station, with accessory uses. The property is zoned "Open Space" (0-S) Zone. The applicant is requesting the approval of a General Plan amendment to change the existing land use designation from "Open Space" (0-S) to "Service and Neighborhood Commercial" (S-C). The "Service and Neighborhood Commercial" land use designation in the General Plan specifies, "Shopping centers and other neighborhood and service commercial uses should be compatible with adjacent residential areas." The proposed precise plan is consistent with the General Plan. The project proposes the construction of a gasoline service station facility including a car wash, convenience store, food service, a drive-through window, and office space on a 2.1-acre lot. The project includes a gasoline service station facility including a car wash, convenience store, food service, a drive-through, and office space. The project proposes a total of 30 parking spaces. The proposal complies with the requirements of "Service Commercial" (S-C) Zone. With the approval of the conditional use permit for the proposed gasoline service station ZAResos\2010 Resos\10-5376 PP AAA PAD.doc Planning Commission Resolution -il o. 10-5376 C) Precise Plan No. 10-02 August 24, 2010-Page 3 facility, the proposed project will meet or exceed all applicable Municipal Code requirements, including but not limited to, parking spaces, landscaping, and building coverage. The proposed project will provide a gasoline service station, a car wash, convenience store, office space and speculative food retail spaces and one drive-through restaurant. The site is currently vacant. The proposed project will add to the retail options available to the community. The gasoline service station facility will include landscaping throughout he site. A conditional use permit for the service station, car wash, convenience store, and drive-through are being reviewed concurrently and include conditions of approval that mitigate potential impacts. Granting the permit would not be detrimental to the public interest, health, safety, and welfare and would not unreasonably interfere with the use or enjoyment of property in the vicinity of the subject property. The proposed project will include two driveway approaches on South Azusa Avenue and one approach on Giambi Way. Two of the approaches on South Azusa Avenue will include a twelve-foot wide deceleration lane to allow turning vehicles into and out of the subject site to not conflict with northbound through traffic on south Azusa Avenue. The proposed driveways will accommodate circulation through the site. The Master Plan of Streets designates South Azusa Avenue as a six-lane "Principal Arterial". The street is designed to accommodate high traffic volumes. The streets surrounding the site are fully improved with sidewalks, curbs, and gutters. The proposed 7,305-square foot two-story building is located on the southeasterly corner of the subject property, and the car wash facility is located on the northeast corner of the site, which is currently undeveloped. The proposal includes parking along the front of the buildings. A drive-through for a fast-food restaurant is proposed in the southeast tenant space of the convenience store building. The surrounding land uses include natural habitat open space to the north, retail uses to the south, single-family residences to the west and Big League Dreams Sports Park to the east of the site. The site is physically suitable for the type, density and intensity of the development being proposed, including vehicle access and circulation, utilities, and the absence of physical constraints. The proposed development will be visible from the surrounding area, including surrounding streets and buildings. The design and architecture of the proposed building reflect standards and materials that will make them architecturally interesting and aesthetically appealing. The façade design will include varying roof elements. Parapet heights range from 20 feet to 35 feet in height on the front elevation. The building roof is 15 feet for the first floor to 29 feet for the second floor. Stone veneer (Chardonnay "Southern Ledgestone") columns are provided throughout front and side elevations of the building. The façade design will include "Sandcastle Tan" smooth finish stucco architectural cornice molding along the raised parapets. The exterior of the building will include a mixture of beige, and tan colored smooth stucco cement plaster. Building elevations include a variety of cornice designs on the top of the building. Rod-supported metal "Curved Trellises" are proposed at the entrance of the first floor and on the second floor of the building. The building is designed with features and colors that are consistent with the other building on the property. The proposed architecture and site layout will not interfere with orderly development in the area. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, Precise Plan No. 10-02 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 precise plan by the Planning Commission or City Council. Z:\Resos\2010 Resos\10-5376 PP AAA PAD.doc Planning Commission Resolution-iv o. 10-5376 Precise Plan No. 10-02 August 24,2010-Page 4 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. 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. That the approval of the precise plan is subject to the following conditions: a. Approval of this precise plan is contingent upon, and shall not become effective unless and until approval of General Plan Amendment No. 10-01 and Zone Change No. 10-01, and certification of the Negative Declaration of Environmental Impact by the City Council. b. Comply with plans reviewed by the Planning Commission on dated August 24, 2010. c. Comply with all applicable sections of the West Covina Municipal Code. d. Comply with all requirements of the "Service Commercial" (S-C) Zone. Architectural treatment shall be added to provide an alternative material on the front elevation and window treatment to the windows per Planning Director approval. A minimum of 9,672 square feet (10.43 percent of the lot) of landscaping shall be provided. Any graffiti that appears on the property during construction shall be cleaned or removed on the same business day. Any proposed change to the approved site plan and floor plans shall be first considered by the Planning Department, Engineering Department, Building Division, and Fire Department, and shall require the written authorization of the Planning Director prior to implementation. Prior to the issuance of building permits, the applicant shall submit detailed landscaping and irrigation plans to the Planning Director for review and approval in compliance with AB 1881. Said plans shall include the type, size, and quantity of landscaping materials, as well as a fully automatic comprehensive irrigation system. The plans shall comply with the City's standards for water efficiency. Landscaping areas are to be kept free of litter and diseased or dead plants. Diseased, dead, damaged and/or disfigured plants shall be replaced as deemed necessary by the Planning Director. All installation of landscaping and irrigation shall be completed prior to issuance of a building permit fmal. All mechanical equipment not shown on the approved Study Plan shall be screened from all views in a manner that is architecturally compatible with the buildings on which they are mounted. Plans and elevations indicating the type of equipment and method of concealment shall be submitted to the Planning Director for review and approval prior to the issuance of building permits. k. Prior to the issuance of building permits the applicant shall demonstrate, to the satisfaction of the Planning Director, that all roof mounted mechanical equipment is placed behind a permanent parapet wall and is completely restricted from all ground level views, pursuant to Section 26-568 of the Municipal Code. fl 0 Planning Commission Resolutioh-Ao. 10-5376 Precise Plan No. 10-02 August 24,2010-Page 5 Vines shall be installed on the trash enclosure. m. The decorative square accents shall include a minimum dimension of 4-inches per Planning Department review. n. The applicant shall sign an affidavit accepting all conditions of this approval. Comply with all requirements of the "Art in Public Places" ordinance (WCMC Chapter 17), prior to the issuance of building permits. Artwork shall be installed or required fee paid prior to issuance of Certificate of Occupancy. p. All new gutters and downspouts shall not project from the vertical surface of the building pursuant to Section 26-568 (a) (3). This approval does not include approval of signs; a separate sign permit shall be obtained. All signs shall be required to comply with the City of West Covina Sign Code. The location of new electrical transformers, vaults, antennas, mechanical and all other equipment not indicated on the approved plans must be approved by the Planning Director prior to the issuance of building permit. Provide construction details prior to issuance of a building permit. All new pole mounted parking lot lighting shall be accurately indicated on the grading plan and shall be located within landscaped or hardscaped area. Pole locations shall be accurately staked prior to installation by the Engineer. 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 Planning Department and the City Engineer. u. Building and parking lot lighting is required to be architecturally integrated with the building design. Standard security wall packs are not acceptable unless they are provided with hooding that is architecturally compatible with the building. All approved materials and colors shall be clearly indicated on the plans. w. Clinging vines shall be installed on all retaining or freestanding walls to assist in deterring graffiti. x. Graffiti-resistant coatings shall be used on all walls, fences, sign structures, or similar structures to assist in deterring graffiti. Any graffiti that appears on the property during construction shall be cleaned or removed on the same business day. z. All outdoor trash areas shall be screened on all sides from public view by a minimum 5'6" high decorative block wall with a gate constructed of durable materials and a solid architectural cover. Provide construction details prior to issuance of a building permit. an. In the event that the availability of parking is negatively impacted, the Planning Commission shall review the conditional use permit for the use and may, at its discretion, modify or impose new conditions or suspend or revoke the conditional use permit pursuant to Section 26-253 of West Covina Municipal Code. bb. The construction shall be approved by the Planning Department before the facility is utilized. ZAResos\2010 Resos\ 10-5376 PP AAA PAD.doc Planning Commission Resolution-il)o. 10-5376 Precise Plan No. 10-02 August 24,2010-Page 6 cc. 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 Precise Plan. 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 Precise Plan or any improvements required for the Precise Plan. The indemnity shall be contained in a written document approved by the City Attorney. dd. The applicant shall meet any and all monitoring or reporting requirements necessary to ensure compliance with the mitigation measures contained in the Negative Declaration of Environmental Impact as those may be determined by the City, including, but not limited to, entering into an agreement to perform and/or for monitoring and reporting during project construction and implementation. The applicant further agrees it will cease construction of the project immediately upon written notice of a violation of such requirement and that such a provision may be part of any agreement of City and applicant. ee. The project shall comply with South Coast Air Quality Management District Rule 461 - Gasoline Transfer and Dispensing. ff. Comply with the mitigation measures as outlined in the Initial Study/Environmental Assessment dated August 4, 2010 as follows: Construction of the proposed project should begin prior to or after the nesting season (end of February through May) to prevent any loss of individuals, nests or young that may move onto the site between the time of the last nesting survey and construction. If construction cannot be delayed until after the nesting season, pre-construction surveys within the construction zone shall be conducted by a qualified biologist. If no animals are detected during these surveys, then construction-related activities would proceed. If adult special-status animals are found within the construction disturbance zone, the project shall stop and notification of the U.S. Fish and Wildlife Service shall occur immediately. Construction would not resume until two weeks after the young have fledged. Cease Work if Subsurface Cultural Resources are Discovered During Ground-Disturbing Activities. If a cultural resource is encountered, all activity in the vicinity of the fmd shall cease until it can be evaluated by a qualified archaeologist, defined as one meeting the Secretary of the Interior's Professional Qualification Standards for archaeology. If the find is determined to be potentially significant, the archaeologist, in consultation with the lead agency and appropriate Native American group(s) (if the find is a prehistoric or Native American resource), shall develop a treatment plan. All work in the immediate vicinity of the unanticipated discovery shall cease until the qualified archaeologist has evaluated the discovery, or the treatment plan has been implemented. Prior to the issuance of grading permits a qualified paleontologist shall be retained and approved by the lead agency to monitor all ground-disturbing activity. The duration and timing of monitoring shall be determined by the qualified paleontologist in consultation with the lead agency and based on the grading plans. Initially, all ground-disturbing activities shall be monitored. However, if, during the course of monitoring, the paleontologist Z:\Resos\2010 Resos\ 10-5376 PP AAA PAD.doc Planning Commission Resolution-i16. 10-5376 Precise Plan No. 10-02 August 24,2010-Page 7 can demonstrate that the level of monitoring should be reduced, the paleontologist, in consultation with the lead agency, may adjust the level of monitoring to circumstances as warranted. If a potentially significant fossil is found, the paleontologist shall be allowed to temporarily divert or redirect grading and excavation activities in the area of the exposed fossil to facilitate evaluation and, if necessary, salvage. Any fossils encountered and recovered shall be catalogued and donated to a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County. Accompanying notes, maps, and photographs shall also be filed at the repository. Following the completion of the above tasks, the paleontologist shall prepare a report documenting the absence or discovery of fossil resources on-site. If fossils are found, the report shall summarize the results of the inspection program, identify those fossils encountered, recovery and curation efforts, and the methods used in these efforts, as well as describe the fossils collected and their significance. A copy of the report shall be provided to the County and to the Natural History Museum of Los Angeles County. 4. Halt Work if Human Skeletal Remains are Identified During Construction. If human remains are encountered during construction excavation and grading activities, State Health and Safety Code Section 7050.5 requires that no further disturbance shall occur until the County Coroner has made the necessary fmdings as to origin and disposition pursuant to PRC Section 5097.98. If the remains are determined to be of Native American descent, the coroner has 24 hours to notify the Native American Heritage Commission. The NAHC will then identify the person(s) thought to be the Most Likely Descendent of the deceased Native American, who will then help determine what course of action should be taken in dealing with the remains. Per PRC section 5097.98, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this section (PRC 5097.98), with the _most likely descendents regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. 5. The project applicant shall conduct a project specific geotechnical investigation and incorporate into project design relevant specifications from the previous geotechnical investigation for the BKK Landfill closure as well as new specifications resulting from the project specific investigation. These engineering recommendations shall address foundations, trench backfill, earthwork and related structural considerations for construction of the underground storage tanks, aboveground structures, and support structures. 6. The project specific geotechnical investigation, as required in Mitigation Measure GEO-1, shall include specific recommendations for the construction of the proposed retaining walls. These recommendations will take into account potential liquefaction that may occur on the hillside of the adjacent, former BKK Landfill. The project design shall incorporate specifications that shall prevent damage to the project area as a result of the hazard. 7. The project applicant shall prepare a project-specific Health and Safety Plan (HSP) in accordance with 29 CFR 1910 to protect construction Z:\Resos\2010 Resos\ 10-5376 PP AAA PAD.doc Planning Commission Resolution-A o. 10-5376 Precise Plan No. 10-02 August 24,2010-Page 8 workers and the public during all excavation, grading, and construction services. The HSP shall identify the following, but not be limited to: • A summary of all potential risks to construction workers and maximum exposure limits for all known and reasonably foreseeable site chemicals; • Specified personal protective equipment and decontamination procedures, if needed; • Safety procedures to be followed in the event suspected hazardous materials are encountered; • Emergency procedures, including route to the nearest hospital; and • The identification of a site health and safety officer and responsibilities of the site health and safety officer. 8. The contractor shall implement construction best management practices (BMPs) for handling hazardous materials on-site. The use of construction BMPs shall minimize potential negative effects, and shall include, without limitation, the following: • Follow manufacturers' recommendations and regulatory requirements for use, storage, and disposal of hazardous materials and petroleum products used in construction; • Avoid overtopping construction equipment fuel tanks; • Properly contain and dispose of grease and oils used for routine maintenance of construction equipment; and • Properly dispose of discarded containers of fuels and other chemicals. 9. The project applicant and its contractors shall comply with the NPDES permit requirements established by the RWQCB for dewatering activities, if required, as follows: • The RWQCB could require compliance with certain provisions in the permit such as treatment of the flows prior to discharge. The groundwater removed by dewatering would either be discharged to the sanitary sewer or storm drain system with authorization of and required permits from the applicable regulatory agencies or collected, tested, treated if necessary, and discharged to a local drainage with authorization from the RWQCB; and • The project sponsor and its contractors shall comply with applicable permit conditions associated with the treatment of groundwater prior to discharge. 10. The project applicant shall implement the following measure: The project applicant shall conduct a project-specific drainage study to determine required storm drainage capacities for the project sites. Recommendations and specifications of the drainage study shall be incorporated in the final project design. gg. Engineering Division Conditions: 1. Comply with all conditions contained in Planning Commission Resolution No. 567, which outlined the requirements of grading, street improvement, exterior lighting, water supply, all bonds, trees, landscaping, drainage, and building related improvements, etc. 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. Z:\Resos\2010 Resos\10-5376 PP AAA PAD.doc Planning Commission Resolution p4O. 10-5376 Precise Plan No. 10-02 August 24,2010-Page 9 3. The required street improvements shall include that portion of Azusa Avenue contiguous to subject property. 4. All existing concrete driveway approaches and wheelchair ramps shall be removed (if required) and reconstructed to meet current ADA requirements. 5. All damaged concrete curbs, gutters, sidewalk, etc., shall be removed and reconstruct per City standard. The developer shall either deposit $90,000 prior to the issuance of building permits or provide street rehabilitation work up to centerline of all street contiguous to subject property. 7. A 12-foot required street dedication shall include that portion of Azusa Avenue, to accommodate the installation of deceleration and acceleration lanes, contiguous to subject property be recorded in the Office of the Los Angeles County Recorder prior to the issuance of any Building Permits and/or Engineering Permits. 8. Ten-foot wide sidewalks (with trees in tree wells) shall be constructed along Azusa Avenue adjacent to curb. Five-foot wide sidewalks with trees shall be constructed along Giambi Lane adjacent to curb contiguous to subject property. Adequate provision shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 10. Parking lot and driveway improvements on private property for this use shall comply with Planning Commission Resolution No. 2513 and be constructed to the City of West Covina Standards. 11. 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. 12. Prior to issuance of Building Permit, all of the following requirements shall be satisfied: a. A fmal 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. 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. 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. 13. Comply with all regulations of the Los Angeles Regional Water Quality Control Board and Article II of Chapter 9 of the West Covina Municipal Code concerning Stormwater/Urban Run-off Pollution control. Z:\Resos\2010 Resos\10-5376 PP AAA PAD.doc Planning Commission Resolution 'ró. 10-5376 Precise Plan No. 10-02 August 24,2010-Page 10 14. All on-site drainage devices must drain to public facility. 15. Any development over one acre of disturbed land shall file a Notice of Intent (NOT) and obtain a permit from the State Regional Water Quality Board. 16. Provide detailed Standard Urban Stormwater Mitigation Plan (SUSMP) to incorporate any best management practices to prevent pollution, trash, litter, etc. from entering any storm drain, channel, or waterway. hh. Building Division Conditions: 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. Separate application(s), plan check(s), and permit(s) is/are required for: Tenant Improvements Grading (see Engineering Division for requirements) Retaining walls (see Engineering Division for requirements) Block walls exceeding 6 feet in height Signs Fire sprinlder/Alarm systems (see Fire Department Prevention Bureau for requirements) Each separate structure/building Plumbing Mechanical Electrical All new on-site utility service lines shall be placed underground. All relocated on-site utility service lines shall be underground when the cost or square footage of an addition or alteration exceeds 50% of the existing value or area. WCMC 23-273. 4. A complete code analysis is required. Address type of construction, occupancy, exiting, allowable areas, allowable heights, etc. All calculations shall be presented on the drawings. Provide a summary on the drawing. Address opening protection per CBC Table 704.8 between Mini-mart and Canopy. Canopy construction type/material shall comply with CBC § 406.5. Compliance with the State of California Accessibility regulations is required, including: a) Accessible path of travel to entrances from the public sidewalk and accessible parking. Clearly show connection from the building entrance to the public sidewalk/accessible parking. The accessible path shall be: ii) Located outside of the drive aisle (vehicular path) iii) 48" minimum width iv) Slope no more than 5% in the direction of travel with cross slope no more than 2%. v) Any curb within a pedestrian path of travel shall be made accessible by curb ramps. b) Accessible parking: i) The number of accessible stalls shall comply with CBC Table 11B-6. ii) Shall be 9 feet wide by 18 feet deep and be provided with a loading and unloading passenger Z:\Resos\2010 Resos\ 10-5376 PP AAA PAD.doc Planning Commission Resolution-,lo. 10-5376 Precise Plan No. 10-02 August 24,2010-Page 11 access aisle of 8 feet wide for Van space and 5 feet wide for regular accessible spaces. c) All employee areas shall be accessible including behind counters and attendants. d) All restrooms serving the building shall be accessible. e) All public telephones shall be accessible. At least one and 25% shall be equipped for hearing impaired, volume control. At least one telephone shall comply with CBC 1117B.2.9.2 for text telephones where there are at least 4 phones on the site. 8. A soils and geology report is required to address the potential for and mitigation measures of any seismic induced landslide/liquefaction. Soils report shall address foundation design and site preparation requirements. 9. Total plumbing fixtures required shall be determined by California Plumbing Code (CPC) Table 4-1. Use occupant load specified in CPC Table A of Chapter 4. Occupancy load factor not shown in Table A shall be determined using California Building Code Table 1004.1.1. 10. A separate plumbing, mechanical and electrical plan check may be required. Prepare and submit plans for review. 11. Provide a detailed Standard Urban Stormwater Mitigation Plan (SUSMP) to incorporate any best management practices to prevent pollution, trash. Litter etc. from entering any storm drain, channel or waterway. This plan must be approved prior to the public hearing and will become one of the Conditions of Approval. Covered discretionary projects include: • Auto Repair Shop • Retail Gasoline Outlet 12. Comply with City Parking standards. 13. Install curb, sidewalk or planter in place of wheel stops. If a planter is used, landscaping shall be low groundcover or turf and shall not exceed the height of the six-inch curb. 14. All walls facing the public right of way shall be landscaped with shrubs or vines so as to discourage graffiti. Fire Department: 1. Contact Jason Briley of the West Covina Fire Department at (626) 338-8800 for Fire requirements. Public Works: 1. Sanitation District Industrial waste approval or waiver is required. (310) 945- 8200. 2. Comply with all City Parking standards. 3. Clearly show the Storm drain easement on the proposed site plan. 4. Install curb, sidewalk or planter in place of wheel stops. If a planter is used, landscaping shall be low groundcover or turf and shall not exceed the height of the six-inch curb. 5. All walls facing the public right of way shall be landscaped with shrubs or vines so as to discourage graffiti. Z:\Resos\2010 Resos\10-5376 PP AAA PAD.doc Planning Commission Resolution-11o. 10-5376 Precise Plan No. 10-02 August 24,2010-Page 12 kk. Com_munity Development Commission: A sign easement has been established on the property near the intersection of Giambi Way and Azusa Avenue. No Signage shall be installed in the easement without approval of the Community Development Commission. 2. All plans, including development plans and sign plans, must by reviewed by Community Development staff 3. The applicant shall submit all development and construction plans to the Community Development Commission ("CDC") and receive approval prior to initiation of any construction activity. 4. The location of the freestanding signs along Asuza Avenue and Giambi Lane shall be approved by the Community Development Commission ("CDC") prior to installation. The developer acknowledges that there exists a recorded signage easement in favor of the City at the corner of Azusa Avenue and Giambi Lane, and in no manner, shall any sign encroach into the signage easement area. I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning Commission of the City of West Covina, at a regular meeting held on the 24th day of August, 2010, by the following vote: AYES: Redholtz, Holtz, Sotelo, Carrico, Stewart NOES: None ABSENT: None ABSTAIN: None DATE: August 24, 2010 EXPIRATION DATE: August 24, 2011 if not used. / Nor Robert A. Sotelo, Chairman Planning Commission Je derson, Secretary Planning Commission Z:\Resos\2010 Resos\ 10-5376 PP AAA PAD.doc 1Th LANNING COMMISSION RESOLUTION NO. 10-5377 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 10-02 CONDITIONAL USE PERMIT NO. 10-02 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Ahrnad Ghaderi - Ashdon Development LOCATION: Northeast Corner of Azusa Avenue and Giambi Way WHEREAS, there was filed with this Commission a verified application on the forms prescribed by the Commission requesting approval of a conditional use permit under the provisions of Chapter 26, Article VI of the West Covina Municipal Code, to permit the following use: Operation of a service station, car wash, drive-through facilities, convenience store, and fast food use On that certain property described as follows: Assessor's Parcel Number 8735-001-912, in the records of the Los Angeles County Assessor; and WHEREAS, consistent with the request, the applicant has also requested a General Plan amendment from "Open Space" to "Service and Neighborhood Commercial"; and WHEREAS, consistent with this request, the applicant has also requested a zone change from "Open Space" (0-S) to "Service Commercial" (S-C); and WHEREAS, a precise plan for the site plan and architecture has been submitted for the development of the project; and WHEREAS, a variance has been submitted to deviate from various zoning regulations regarding off-site signage; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 24th day of August, 2010, conduct a duly advertised public hearing as prescribed by law to consider said application; and WHEREAS, studies and investigations made by this Commission and in its behalf reveal the following facts: The applicant is requesting approval of a conditional use permit, to allow the operation of an auto service station with accessory uses. • 2. The project consists of General Plan amendment to change the land use designation from "Open Space" to "Service and Neighborhood Commercial". The project consists of a zone change requesting to change the zone from "Open Space" (0-S) to "Service Commercial" (S-C). Z:\Resos\2010 Resos\ 10-5377 CUP AAA PAD.doc ) Planning Commission Resownon No. 10-5377 Conditional Use Pen-nit No. 10-02 August 24, 2010 - Page 2 4. The applicant is requesting approval of a precise plan to approve the design and allow the construction of an auto service station facility and car wash. Additionally, 30 parking spaces are proposed. 5. The applicant is requesting approval of a variance to deviate from the code requirements regarding off site signage. 6. 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. 7. Pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, a MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT has been prepared indicating that although the project could have a significant effect on the environment, there will not be a significant effect due to mitigating measures. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of West Covina as follows: 1. Approval of this conditional use permit is contingent upon, and shall not become effective unless and until approval of General Plan Amendment No. 10-01 and Zone Change No. 10-01, and certification of the Negative Declaration of Environmental Impact by the City Council. 2. On the basis of evidence presented, both oral and documentary, the Planning Commission makes the following findings for approval of a conditional use permit: a. The project proposes to construct an auto service station facility that would include a self-service car wash and a two-story convenience store building with office space and space for fast food use. The building design will include "Sandcastle Tan" smooth finish stucco architectural cornice moldings. The exterior of the building will include a mixture of beige and tan colored smooth stucco cement plaster. Building elevations include a variety of cornice designs on the top of the building and rod-supported metal "Curved Trellises" at the front of the building. The project will therefore provide a service station with a convenience store food service use, office, and car wash. Z:\Resos\2010 Resos\ 10-5377 CUP AAA PAD.doc Planning Commission Resotidion No. 10-5377 Conditional Use Permit No. 10-02 August 24, 2010- Page 3 Two driveway approaches are proposed on South Azusa Avenue and one approach on Giambi Way. The two of the approaches on South Azusa Avenue will include a 12-foot wide deceleration lane to allow vehicles turning into and out of the subject site to not conflict with northbound through traffic on South Azusa Avenue. The proposed driveways will accommodate circulation through the site. The Master Plan of Streets designates South Azusa Avenue as a six-lane "Principal Arterial". The street is designed to accommodate high traffic volumes. The proposed project will not be detrimental to the health, safety, peace or general welfare of persons residing or working in the vicinity due to its location within a commercial area, and the general compatibility of the project with the surrounding area. The site consists of a corner lot and has two street frontages. The proposed service station, convenience store, drive-through food service, office and car wash is located adjacent to a commercial area and will not negatively impact surrounding land uses. The project has been designed in conjunction with the minimum requirements of the Engineering Division, Building Division, and Fire Department. The project proposes to construct an auto service station that would include a self-service car wash and a two-story convenience store building with office space and space for fast food use. The establishment of the gas station, convenience store with food service, office and car wash will not increase parking demand beyond the proposed parking supply. The Municipal Code requires one parking space per 250 square feet for the convenience store/fast food area and one parking space per 300 square feet for office. The applicant is proposing 30 parking spaces in compliance with parking requirements. Two driveway approaches are proposed on South Azusa Avenue and one approach on Giambi Way. A 12-foot wide deceleration lane is proposed to allow for vehicles turning vehicles into and out of the subject site to not conflict with northbound through traffic on South Azusa Avenue. The proposed driveways will accommodate circulation through the site. The Master Plan of Streets designates South Azusa Avenue as a six-lane "Principal Arterial". The street is designed to accommodate high traffic volumes. Both streets are designed to accommodate high traffic volumes. Given the location of the property within a commercial area, the project will not result in traffic being channeled through residential areas on local residential streets. e. The proposed use is consistent with the "Service and Neighborhood Commercial" designation of General Plan. The project meets the stated General Plan goal of "providing for a range of non-residential uses that will ensure a strong economic base for the City." That the approval of the conditional use permit is subject to the following conditions: a. Approval of this conditional use permit is contingent upon, and shall not become effective unless and until approval of General Plan Amendment No. 10-01 and Zone Change No. 10-01, and certification of the Negative Declaration of Environmental Impact by the City Council. Comply with plan reviewed by the Planning Commission on August 24, 2010. Z:\Resos\2010 Resos\ 10-5377 CUP AAA PAD.doc Planning Commission Resolution No. 10-5377 Conditional Use Permit No. 10-02 August 24, 2010 - Page 4 c. Comply with all requirements of the "Service Commercial" (S-C) Zone and all other applicable standards of the West Covina Municipal Code. d. The operation of the service station shall be in compliance with Municipal Code Section 26-661 (Service Stations) and Section 26-663 (Car Washes). e. All landscape areas shall be maintained at all times. Damaged vegetation shall be replaced and the site shall be kept free of dismissed or dead plant material at all times. The approved use shall not create a public nuisance as defined under Section 15-200 of the West Covina Municipal Code. g. The applicant shall comply with all applicable health, safety and building codes. h. Any proposed change to the approved site plan and floor plans shall be first considered by the Planning Department, Engineering Department, Building Division, and Fire Department, and shall require the written authorization of the Planning Director prior to implementation. Comply with all requirements of the Municipal Code. The business may not display any banners and/or portable signs without proper permits through the Planning Department. At no time shall any signs be installed or displayed off-site. k. Adequate lighting levels to assure security and discourage loitering in parking areas shall be provided. All new light fixtures are subject to the review and approval of the Planning Department. Light fixtures shall be designed and installed to minimize impacts on adjacent properties The applicant/owner shall be responsible for adopting appropriate measure to provide proper maintenance of the building exterior, including maintenance of the premises free of junk, litter, and debris. m. Any graffiti that appears on the property shall be cleaned or removed within 24 hours. n. The approved use shall not create a public nuisance as defined under Section 15-200 of the West Covina Municipal Code. The service station may be open 24-hours a day. The conditional use permit may be revoked, amended or suspended by the Planning Commission under the provisions of Section 26-253 of the West Covina Municipal Code for appropriate cause. In the event that availability of traffic/circulation is negatively impacted, the Planning Commission shall review the conditional use permit for the use and may, at its discretion, modify or impose new conditions or suspend or revoke the conditional use permit pursuant to Section 26-253 of the West Covina Municipal Code. Licenses and permits as required by the West Covina Municipal Code shall be obtained prior to the start of the operation of the use. s. The approved use shall not create a public nuisance as defined under Section 15-200 of the West Covina Municipal Code. Z:\Resos\2010 Resos\10-5377 CUP AAA PAD.doc tr.—) ---, , 1 t Planning Commission Resolucion No. 10-5377 Conditional Use Permit No. 10-02 August 24, 2010 - Page 5 The applicant shall comply with all applicable health and safety codes. u. The operation of the facility shall comply with the West Covina Noise Ordinance. Convenience Store: The sale of alcohol is prohibited. W. The convenience store may be open 24-hours a day. Car Wash: x. Noise levels shall not exceed 70db(A) at property lines. The car wash is approved as a self-service car wash. Hand drying of cars shall occur within the drive aisle and shall not occur in the parking spaces or back up space. All vehicles using the car wash operation shall be located on the project site, either in the stacking lanes at the entrance to the car wash facility or within the parking spaces in front of the car wash. aa. The hours for the proposed car wash operation shall be limited to the hours between 6:00 a.m. and 9:00 p.m. bb. All parking spaces on the property shall be open for customers and employees of the service station and accessory uses. Parking spaces located directly adjacent to the car wash shall be available for customer parking and shall not be used exclusively for drying, cleaning or detailing of vehicles. cc. The wash and dry mechanism shall be contained entirely within a building. dd. A water recovery system shall be installed and in operation at all times. ee. All wash fluids shall be biodegradable and environmentally safe. ff. The car wash shall in no way interfere with the primary function of motor fuel distribution and other accessory uses, automobile access, or traffic circulation. gg. Accessory items normally associated with a car wash, such as vacuums, may be permitted provided they comply with the other specified criteria. Drive-Through: hh. The speaker box for the drive through shall be oriented away from neighboring residential properties. The drive-through operation may be open 24-hours a day. The drive through shall provide a minimum of six queuing spaces in the drive-through aisle. • kk. The paved areas at the site shall be maintained clean and free of oil/stains. All paved areas shall be pressure washed as needed to maintain the site in a clean and orderly manner. Z:\Resos\2010 Resosg 0-5377 CUP AAA PAD. doc Planning Commission Resolkrim)on No. 10-5377 Conditional Use Permit No. 10-02 August 24,2010 - Page 6 I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning Commission of the City of West Covina, at a regular meeting held on the 24th day of August, 2010, by the following vote: AYES: Redholtz, Holtz, Sotelo, Carrico, Stewart NOES: None ABSTAIN: None ABSENT: None DATE: August 24, 2010 EXPIRATION DATE: August 24, 2011 if not used. Robert A. Sotelo, Chairman Planning Commission Jeff A a ern, Secretary Pl. g Commission Z:\Resos\2010 Resos\10-5377 CUP AAA PAD.doc