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02-02-2010 - (6)0 TO: Andrew G. Pasmant, City Manager and City Council FROM: Jeff Anderson, Acting City Planner Planning Department City of West Covina; Ylemorandum .AGENDA ITEM NO. C-1 DATE: February 2, 2010 SUBJECT: APPEAL OF PRECISE PLAN NO NO.07-07 APPEAL OF CONDITIONAL USE PERMIT NO.08-05 APPEAL OF TREE REMOVAL PERMIT NO.08-05 NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT/APPELLANT: Roland Cordero (Foothill Transit) RECOMMENDATION: It is recommended that the City Council adopt the following resolutions: 1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE1 PLANNING COMMISSION AND DENYING PRECISE PLAN NO. 07-' 07 AND TREE REMOVAL PERMIT NO.08-05 �i 2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST' COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE, PLANNING COMMISSION AND DENYING CONDITIONAL USE' PERMIT NO.08-05 DISCUSSION: The applicant is appealing a decision by the Planning Commission to deny a precise plan, conditional use permit and tree removal permit to allow for the, construction of a'�� parking structure and relocate the existing automated teller machine (ATM) on the property occupied by the Chase bank building (formerly Washington Mutual). The public hearing was continued from the September 15, 2009 meeting due to notification issues, from the October 20, 2009, December 15, 2009, and January 19, 2010 meetings at the request of the applicant. The property is owned by Foothill Transit. The parking structure is proposed on the northerly portion of the property to replace an existing surface parking lot. The Planning Commission held a public hearing on January 27, 2009. At that time, the Commission continued the public hearing and requested further information from Foothill Transit. When the applicant submitted the information requested by the Commission, revised plans were also submitted. The II revised plans reduced the height and overall size of the proposed parking structure. The Planning Commission staff report is attached for a more thorough review of the project. The applicant, Foothill Transit, is proposing a five -and -a -half story (56 feet, 2 inches)'', parking structure to provide park and ride spaces for bus patrons and carpoolers. The proposed! parking structure would provide 654 parking spaces, 536 of which would be reserved for park and ride purposes. The remaining spaces in the parking structure as well as parking spaces in the redesigned surface parking area to the east of the Chase Bank building would be available for tenants and customers. The ground floor of the parking structure includes 2,000 square feet of retail space to be utilized for transit -oriented retail. The tree removal permit is required due to the proposed removal of a Eucalyptus tree located in the front setback. The parking structure has been designed to simulate the appearance of an office building. Precast concrete panels are proposed in a horizontal pattern with narrow separations between the panels. Openings in the panels are designed to appear like windows and include semi -opaque glass panels in variable widths within the openings. This architectural treatment is proposed on the north, west, and south elevations. The east elevation has been designed with a more traditional parking structure design. The ground floor of the west elevation is comprised of clear glass storefronts where the retail space is proposed. Z:\Case Files\PP\2007\PP 07-07 Foothill Transit\CC2.2.I Mouncil Staff Report.doc PP 07-07, CUP No. 08-05, #o. 08-05, 100 S. Vincent Avenue February 2, 2010 - Page 2 The proposed colors for the structure are earthtone, with blue accent colors. Tower elements (clad in a bronze metal lattice framework) are proposed on the north and south end of the west elevation of the structure to screen the staircases and elevators. The upper deck of the parking structure includes a shade structure that allows for the installation of solar photovoltaic panels. The design incorporates a metal canopy along the Vincent Avenue frontage (west elevation) to provide for weather protection for patrons waiting for. buses. Currently, the site provides access from Vincent Avenue and Lakes Drive. The access from Vincent Avenue will remain; however, the existing access on Lakes Drive will be closed and a new access point located approximately 110 feet east of the current location will be provided. The new access on Lakes Drive will be aligned with the driveway serving the former Wickes site. The proposed site design includes a total of 752 parking spaces. The parking structure would provide 654 parking spaces while 98 parking spaces would be provided in the surface parking lot to the east of the building. The :uses on the property currently require 153 parking spaces. Foothill would designate 536 parking spaces for park -and -ride purposes and 216 parking spaces would be available for use by the tenants of the building. Access into the parking structure will be provided through the existing drive aisle north of the building. The Municipal Code requires the approval of a conditional use permit for ATM's. The proposal includes a new canopy (consistent in design with. the parking structure towers) that would cover the ATM's. The existing ATM has seven queuing spaces while the proposed ATM will have eleven queuing spaces. A survey and site observations of the amount of transaction activity was .provided by the traffic consultants. The survey indicated that the busiest days are Friday and Saturday. During the busiest time of the observation period (3:00 p.m.) there were often eight to eleven vehicles queuing.. The proposed increase in queuing spaces from seven to eleven is expected to reduce the number of conflicts with vehicles circulating in the parking lot. Because there are tenants in the building, the applicant is requesting a phasing plan that allows for use of a portion of the parking spaces throughout the construction period. The total estimated construction time is 18 months and , the project would be constructed in three phases. The last two phases require the use of off -site parking spaces to comply with the parking demand generated by the existing uses. Traffic Impact A Mitigated Negative Declaration was prepared for the project as required by the California Environmental Quality Act (CEQA). As part of the report a traffic study was prepared. The traffic study indicated- that the following improvements were necessary to reduce traffic impacts caused by the traffic generated by the park -and -ride structure. 1. The Vincent Avenue and Lakes Drive/Plaza Drive intersection would be impacted in the p.m. peak hour. The impacts at this intersection would be mitigated by widening the northbound approach to the intersection and adding a dedicated right -turn lane from Vincent Avenue onto Lakes Drive (in front of the Elephant Bar). 2. The on -ramp from northbound Vincent Avenue to the San Bernardino Freeway was impacted in the p.m. peak hour. The congestion would be improved by adding a lane to the on -ramp of the freeway. This improvement would increase. the number of lanes on northbound Vincent Avenue to four, two through lanes and two lanes onto the freeway on -ramp. Both mitigations require dedications, one from the subject property (a variable width dedication from 10 feet to 18 feet that also allows for a bus turnout), and a dedication from the Elephant Bar property. The proposed bus turnout allows buses to pick-up and drop-off without interfering with vehicles on Vincent Avenue. In addition to the above, the City added as a condition the need.for Foothill Transit to construct apedestrian bridge over Vincent Avenue if bus stops along Vincent Avenue are not relocated. Z:\Case Files\PP\2007\PP 07-07 Foothill Transit\CC2.2.IO Council Staff Report.doc s 1` PP 07-07, CUP No. 08-05, No. 08-05, 100 S. Vincent Avenue February 2, 2010 -Page 3 PLANNING COMMISSION REVIEW AND ACTION: The Planning Commission held two public hearings regarding this matter. The public hearings were held on January 27, 2009 and on August 11, 2009. At the conclusion of the hearing on August 11, 2009, the Commission voted 3-2 (Commissioner's Sotelo and Sykes opposed) to deny the proposed park -and -ride structure In denying the project, the primary reason cited by the majority of the Planning Commission was that the location was not appropriate. The consensus of the Commission was that a park -and -ride facility was needed. However, concern was expressed about the amount of traffic in the area, the traffic generated by the proposed park -and -ride, and that the park -and -ride would be detrimental to future development in the Lakes Entertainment area. The Planning Commission discussed concerns regarding the parking structure blocking visibility to the adjacent shopping center (The Marketplace at the Lakes). The Commission discussed the possibility of designing a subterranean (or partial subterranean) parking structure to reduce visibility impacts, relocating the parking structure to another portion of the lot, and issues regarding federal funds for the project. A representative of the neighboring property owner spoke against the project during the public hearings. The representative testified to concerns that, the project will create difficulties in leasing and marketing vacant tenant spaces if the buildings are not visible from the freeway and Vincent Avenue. Based on that testimony, it may be beneficial for the adjacent property owner and the applicant to meet to discuss the issues. In order to allow the City Council to take an informed action, staff has included both denial and approval resolutions. FISCAL IMPACT: Because the property is owned by Foothill Transit (as they are a government entity) this parcel is exempt from property tax. Therefore, the new parking structure will not generate any property tax revenue. However, Foothill Transit is required to pay possessory interest on that portion of the building rented out for commercial office space. If these commercial rents were to increase as a result of the proposed parking structure, then the possessory interest tax revenues would also increase. Additionally, if Foothill Transit were to charge for parking or lease out the 1parking structure to a commercial entity, the parking structure could also be subject to the possessory interest tax. Prep by: Jeff Anderson v e ed/A prove y: Christopher J. Chung Acting City Planner CDC Director Attachments: Attachment 1 — Draft Precise Plan Resolution for denial Attachment 2 - Draft Conditional Use Permit Resolution for denial Attachment 3 — Appeal Letter from Applicant Attachment 4 - Letter of Opposition, September 15, 2009 Attachment 5 — Planning Commission Minutes, August 11, 2009 Attachment 6 - Planning Commission Staff Report, August 11, 2009 Attachment 7 - Planning Commission Precise Plan Resolution No. 09-5334 Attachment 8 - Planning Commission Conditional Use Permit No. 09-5335 Attachment 9 — Planning Commission Minutes, January 27, 2009 Attachment 10 — Draft Negative Declaration Resolution for approval Attachment 11 — Draft Precise Plan Resolution for approval Attachment 12 — Draft Conditional Use Permit for approval Attachment 13 = Letter of Support; State. Assemblymember Mike Eng Attachment 14 — Letter of Support, State Assemblymember Ed Hernandez Z:\Case Files\PP\2007\PP 07-07 Foothill Transit\CC2.2.10\Council,Staff Report.doc A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF . WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND DENYING PRECISE PLAN NO.07-07 AND TREE REMOVAL PERMIT NO.08-05 PRECISE PLAN NO.07-07 TREE REMOVAL PERMIT NO.08-05 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Roland Cordero (Foothill Transit) LOCATION: 100 S. Vincent Avenue WHEREAS, there was filed with this Council a verified application on forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code, requesting approval of a precise plan of design to: Allow, for the construction of a five -and -a -half -level parking structure On that certain property generally described as: Assessor's Parcel Number 8474-007-937 and 8474-007-938, in the records of the Los Angeles County Assessor; and WHEREAS, the Planning Commission upon giving the required notice did,, on the 270' day of January, 2009, the 241" day of March, 2009, the 26`" day of May, 2009, the 10. day of July, 2009, and the I I'h day of August, 2009, conduct duly advertised public hearings as prescribed by law to consider said application; and WHEREAS, on August 11, 2009, the Planning Commission did adopt Resolution No. 09-5334 denying the application; and WHEREAS, on August 25, 2009, an appeal of the Planning Commission action was filed by Doran Barnes (Foothill Transit); and WHEREAS, the City Council did, on the 15t" day of September, 2009, 20t" day of October, 2009, 15th day of December, 2009, 19t" day of January, 2010, and the 2nd of February, 2010 conduct duly advertised public hearings as prescribed by law, and considered evidence presented by the Planning Commission, Planning Department, and other interested parties; and WHEREAS, consistent with this request, a conditional, use permit for operation of a. drive -through automated teller machine (ATM) has been submitted; and WHEREAS, consistent with this request a tree removal permit has been submitted for the removal of an existing significant tree due to its location in the front setback; and WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts: 1. The project consists of a request for a precise plan to allow for the construction of a five - and -a -half -level parking structure on. the northerly portion of the lot at 100 S. Vincent Avenue. The applicant is requesting a deviation from the Parking Lot Design Standards to provide a turn -around on a dead-end driveway on the top level of the parking structure. 2. The applicant is requesting the removal of one Eucalyptus tree located within the 15-foot front setback along Lakes Drive. ZACase Files\PP\2007\PP 07-07 Foothill Transit\CC2.2.10\PP Reso denial.doc Resolution No. Precise Plan No. 07-07 & Treelkoval Permit No. 08-05 February 2, 2010 -.Page 2 of 3 3. The applicant is also requesting a conditional use permit to allow for two drive -through service aisles for drive -through automatic teller machine (ATM) service. 4. Appropriate. findings for approval of a precise plan of design are as follows: a. That consideration has been given and restrictions imposed to the extent necessary to permit the same degree of enjoyment of the subject property, but subject to the same degree of protection of adjoining properties, as would be accorded inf normal circumstances, by the standard restrictions imposed by the Municipal Code. b. That strict adherence to the development standards of the applicable zone, and the proposed precise plan will not measurably depreciate property values in the ,f vicinity or interfere with the use or enjoyment of property in the vicinity or endanger the public peace, health, safety or general welfare. C. That the, project is reviewed in terms of its architectural design, general ;,exterior appearance, landscaping, color, texture of surface materials and 'exterior construction, shape and bulk and other physical characteristics including location and type of public utility facilities and is found to facilitate the'', orderly development of the precise plan area. 5. The initial study prepared for the project disclosed that the project will note have a significant impact on the environment. Mitigation measures have been incorporated into the project's design and as conditions of approval to reduce impacts on the'envionment to a less than significant level. A Negative Declaration of Environmental Impact has been prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. NOW, THEREFORE, the City Council of the City of West Covina does resolve as follows: 1. On the basis of the evidence presented, both oral and documentary, the City Council makes the following findings: b. The subject property is in an urbanized area and is located south of the Interstate 10 (San Bernardino) Freeway. Freeway ramps are located on Vincent Avenue allowing access to the eastbound and westbound San Bernardino Freeway. Thel subject property is situated between the Westfield West Covina Mall to the west and The Lakes Office/Entertainment area to the east. The property is situated on ;'Vincent Avenue, which is one of the busiest streets in the City of West Covina. The subject property is a key site in the core of the primary commercial area in the City. The construction of a five -and -a -half -story parking structure at the proposed location will be inconsistent and inharmonious with the surrounding retail development in4hat the bulk and mass .of the structure will block site lines from Vincent Avenue to ''existing commercial/retail businesses to the east of the proposed parking structure. Although the proposed park and ride facility will provide parking for park and ride commuters, the use and architecture do not contribute to the commercial/retail/entertainment uses in the area. Furthermore, the proposed parking structure will actually interfere with the commercial district by disrupting the urban form by placing a use at the gateway to the largest commercial district in the City that does not. provide spin-off or complementary benefits to the commercial uses. The proposed project would be detrimental to the surrounding properties. The proposed structure would be a 56-foot tall, 300-foot long structure. The structure would serve as a physical barrier that separates retail and commercial uses and introduces traffic to the area that further separates the surrounding uses. Furthermore, the proposed project would be detrimental to surrounding property, values. Per the testimony received at the public hearing on January 27, 2009, a representative of a neighboring property owner stated that the construction of the park -and -ride structure would negatively affect their property value. Moreover, concern was expressed; that the presence of the parking structure would contribute to empty storefronts in that it would be more difficult to attract tenants due to the obstruction of views. Z:\Case Files\PP\2007\PP 07-07 Foothill Transit\CC2.2.10\PP Reso denial.doc Resolution No. . Precise Plan No. 07-07 & Tree Removal Permit No. 08-05 February 2, 2010 - Page 3 of 3 C. The project does not facilitate the orderly development of the area due to the physical characteristics of the parking structure. The existing building is an office building that provides banking, dental services and professional ,offices. The surrounding properties are developed with retail, food service, and entertainment uses. The., existing building does provide service uses that complement the surrounding uses. The proposed parking structure's shape and bulk divide the surrounding uses and serve to isolate the retail uses on the east side of Vincent Avenue from those on the west side of Vincent Avenue. The proposed general exterior appearance and architecture does not contribute to the surrounding character of development. Although the proposed parking structure has been designed to incorporate architectural elements with similarities to office buildings, the structure continues to include architectural features associated with typical parking structure design, including openings for ventilation, open parking on the top deck, and ground floor parking along Vincent Avenue. The proposal is not in character with the surrounding development in terms of form, mass and architectural style. 2. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, Precise Plan No 07-07 and Tree Removal Permit No. 08-05 is denied subject to the provisions of the West Covina Municipal Code. PASSED AND APPROVED on this 2"d day of February, 2010. ATTEST: Mayor City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) CITY OF WEST COVINA ) I, Laurie Carrico, City Clerk of the City of West Covina, 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 2"d day of February, 2010. AYES: NOES: ABSENT: ABSTAIN: DATE: February2, 2010 APPROVED AS TO FORM: City Clerk City Attorney ZACase Files\PP\2007\PP 07-07 Foothill Transit\CC2.2.IOTP Reso denial.doc ATTACHMENT RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND DENYING CONDITIONAL USE PERMITNO. CONDITIONAL USE PERMIT NO.08-05 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Roland Cordero (Foothill Transit) LOCATION: 100 S. Vincent 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 conditional use permit to: Operate two drive -through ATM's in conjunction with a bank on -site. Assessor's Parcel No. 8474-007-937 and 8474-007-938 in the records of the Los II',Angeles County Assessor; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 270h day of January, 2009, the 24th day of March, 2009, the 26th day of May, 2009, the 14th day of July, 2009, and the l lt" day of August, 2009, conduct duly advertised public hearings as prescribed by law to consider said application; and WHEREAS, on August 11, 2009, the Planning Commission did adopt Resolution No. 06-5192 denying the application; and WHEREAS, on August 25, 2009, an appeal of the Planning Commission was''t filed by Doran Barnes (Foothill Transit); and WHEREAS, the City Council did, on the 15th day of September, 2009, 20th day of October, 2009, 15th day of December, 2009, 19th day of January, 2010, and 2"d day of February, 2010, conduct duly advertised public hearings as prescribed by law, and considered evidence presented by the Planning Commission, Planning Department, and other interested parties; and WHEREAS, consistent, with this request, a precise plan for the site design and architecture of parking structure and ATM .structure has been submitted; and WHEREAS, consistent with this request a tree removal permit has been submitted for the removal of an existing significant tree due to its location in the front setback; and WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts: 1. The applicant is requesting a conditional use permit to allow for two drive -through service aisles for drive -through automatic teller machine (ATM) service. 2. The project consists of a request for a precise plan to allow for the construction of a five - and -a -half -level parking structure on the northerly portion of the lot at 100 S.�Vincent Avenue. The applicant is requesting a deviation from the Parking Lot Design Standards to provide a turn -around on a dead-end driveway on the top level of the parking structure. 3. The applicant is requesting the removal of one Eucalyptus tree located within the 15-foot front setback along Lakes Drive. Z:\Case Files\CUP\2008\08-05 Drive Thru ATM 100 S Vincent\CC 2.2.10\Resolution CUP.Denial.doc Resolution No. . . Conditional Use Permit No. 08-05 February 2, 2010 - Page 2 4. 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. 5. The initial study prepared for the project disclosed that the project will not have a significant impact on the environment. Mitigation measures have been incorporated into the project's design and as conditions of approval to reduce impacts on the environment to a less than significant level. A Negative Declaration of. Environmental Impact has been prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of West Covina as follows: l: 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 drive -through automatic teller machine is part of a larger project that would allow the construction of a five -and -a -half -story parking structure allowing for park and ride usage. The construction of a five -and -a -half -story parking structure at the proposed location will be inconsistent and inharmonious with the surrounding retail development in that the bulk and mass of the structure will block site lines from Vincent Avenue to existing commercial/retail businesses to the east of the proposed parking structure. Although the proposed park and ride facility will provide parking for park and ride commuters, the use and architecture do not contribute to the commercial/retail/entertainment uses in the area. Due to these ramifications, the accompanying drive -through ATM facility is also detrimental to the general welfare of the City. 2. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, Conditional Use Permit No. 08-05 is denied subject to the provisions of the West Covina Municipal Code. Z:\Case Files\CUP\2008\08-05 Drive Thru ATM 100 S Vincent\CC 2.2.10\Resolution CUP.Denial.doc Resolution No. Conditional Use Permit No. 00 February 2, 20 i 0 - Page 3 PASSED AND APPROVED on this 2nd day February, 2010 ATTEST: Mayor City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF. WEST COVINA ) I, Laurie Carrico, City Clerk of the City of West Covina, do hereby certify I'i�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 2°a day of February, 2010. AYES: NOES: ABSENT: ABSTAIN: DATE: February 2, 2010 APPROVED AS. TO FORM: City Clerk City Attorney Z:\Case Files\CUP\2008\08-05 Drive Thru ATM 100 S Vincent\CC 2.2.10\Resolution CUP.Denial.doc A- ACHIUhENT 3 Foothill Transit WE "RIVE 10D S. Vincent Ave., Ste. 200, West Covina, CA 9179D-2944 ph: 626.967.3147 . fax: 626.915.1143 www.foothilitransit.org R EC EIVED AUG 19 2009 August 14, 2009 ERK�S OFFICE CL CITY W CITY OF EST COVINA Laurie Carrico, City Clerk City of West Covina 1441 W. Garvey Avenue South West Covina, CA 91790 Re:Application to appeal to City Council Precise Plan 07-07 Conditional Use Permit 08-08 Tree Removal Permit 08-08 At the August 11`h Planning Commission Hearing, the Commission denied Foothill Transit's application for Precise Plan 07-07, Conditional Use Permit 08-05, and Tree Removal Permit 08- 05. Foothill Transit wishes to appeal the Commission's decision with the City Council. Attached is a check for $300 in payment of the appeal fee. Please advise us as to the next steps in the process. 4Thankr your ance. es, executive Board Peggy Delach President, Michael De La Torre Vice President, Lola Storing Treasurer, Paula Lantz Member, Roger Chandler Member, Executive Director Doran J. Barnet Member Cities Arcadia, Azusa, Baldwin Park, Bradbury, Claremont, Covina, Diamond Bar, Duarte, El Monte, Glendora, Industry, Irwindale, La Puente, La Verne, Monrovia, Pomona, San Dimas, South El Monte, Temple City, Walnut, West Covina and Los Angeles County A Public Agency September 15, 2009 VIA EMAIL Honorable Mayor and Council Members of The City of West Covina City Hall 1444 West Garvey Avenue West Covina, CA 91790 Re: Appeal Hearing: Precise Plan No. 07=07 Conditional Use Permit No. 08-05 Negative Declaration of Environmental Impact Applicant/Appellant: Roland Cordero (Foothill Transit) Dear Mayor and Council Members: As a resident of West Covina and park and rider on Foothill Transit's 498 line for many, many years, I write to voice my concerns about the proposed appeal of Precise Plan No. 07-07 for the development of a multi -level parking structure. 'I vote NO to the site. The idea is great and much needed for our community as well as for commuters in general, and the structure design is attractive, however, due to heavy traffic already on Vincent and the 10 freeway, the idea of putting a multi -level parking structure at this site is just iplain dumb. There just isn't enough room on the street to support additional cars and busses that will be added to Vincent. Not to mention when the Christmas season is here, traffic is even heavier. Vincent already has 3-4 lanes of traffic, two of which go onto the freeway and additional buses and cars that will be routed onto Vincent will make traffic unbearable. The plan also has the buses taking routes through West Covina that are unnecessary, and will be utilizing very small streets to get through to drop off and pick up passengers, causing further traffic issues. With the big push in the country for commuting to save energy, providing convenient park and ride lots is a must. Will this structure support growth? With 650 spaces, it doesn't sound like it. Since Foothill's corporate offices are at the same location as the parking structure, I'm sure they will be utilizing quite a few of the parking spaces for their employees, thus taking more spaces away from the bus takers. And where will the spill over parking be? On the surrounding streets and into parking lots of Barnes & Noble, Wickes and the Edwards Theater, where I'm sure parking tickets will be issued like candy from a Pez dispenser. 95987-1 Honorable Nfayor and Council Ivlembers of The City of 11lest Covina September 15, 2009 Page 2 The sur7�ounding business in that location will be secluded Fiona viPassersby on the freeway wort know what stores are in the area due to the parking slrixeture blocking signs and vie -,vs. And while drivinr, 65 on the freeway, there won't be much tine fo:r reading signage. .As welt as it being a huge head.aehe for those who do b�isiness at the Chase Bank or::in :the Chase office building where .Foothill's. corporate offices are located..1 have recently changed banks just for this reason alone — the traffic and parking In this complex isalready a problem. j In the end, T agree tivitla the parking structure, but.not in Foo.t.hill's desired location. How about the empty areas ~around Hollenbeck and the .10 freeway, on either side? Or at Citlils and the 10 freeway where the old Trader Joe's. vas, quite.enlpty there too. There are a few spots AIM left in West Covina that surely can support the park and ride lot. Thank you far .yo.ur consideration of nay comments. Cordially,. Lini Nielsen 9 9s,.1 Planning Commission Minute Page 2 - August 11, 2009 ATTACHME0 NT 5 Motion by Redholtz, seconded by Sotelo, to approve the items listed. Motion carried 5-0. HEARING PROCEDURE: You are encouraged by this Commission to express your views on any matte11 r set for public hearing. It is our procedure to first receive the report of the Planning staff, then to ask for public testimony; first from those in favor of the matter, followed by testimony from those in opposition to it, and, if there be opposition, to allow those in favor;' rebuttal testimony only as to the points brought up in opposition. To testify on. a matter, you need to simply come forward to the lectern at the appropriate time, give your name and address and make your statement. In addition, please sign in on the sheet provided at the' podium so it will facilitate preparation of our minutes. Do not be concerned with your !possible lack of experience in public hearings. We are interested in what you say, not your level of expertise as a public speaker. After a hearing has been closed, you may not further speak on the matter unless requested to do so by a member of the Commission. C. CONTINUED PUBLIC HEARING (1) PRECISE PLAN NO.07-07 CONDITIONAL USE PERMIT NO.08-05 TREE REMOVAL PERMIT NO. 08-05 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT 14 APPLICANT: Roland Cordero (Foothill Transit) LOCATION: 100 South Vincent Avenue REQUEST: The project consists of the request for a precise plan to construct a five -level parking structure on the northerly portion of the ;property to replace the existing surface parking lot, a conditional use permit to relocate a two-lane drive -through automatic teller machine, and a tree removal permit to remove a tree in the front setback (Lakes Drive). The proposed parking structure would be used for tenants of the office building and for park -and -ride. These items were continued from July 14, 2009. Chairman Stewart reopened the public hearing. Acting City Planner Jeff Anderson presented the staff report. Mr. Anderson told. the Commission that this matter was continued to allow the applicants time to provide the Commission with information regarding traffic on Vincent Avenue, and the economic impact of parking structures on adjacent local businesses. He added that in the interim, the applicants had amended their plans. Mr. Anderson also presented the amended plans, which included the relocation of a turn lane and the relocation of an ATM to provide for more efficient traffic circulation on the property. The plans were also amended to include partial subterranean parking. Mr. Anderson also said that a letter in opposition had been submitted on behalf of the property owner to the east after agenda packets had been delivered and a copy of that letter had been provided to the Commission prior to the meeting. Chairman Stewart and Commissioner Redholtz stated for the record that they had met with the owners of the adjacent retail center: PROPONENT: Roland M. Cordero; Director of Facilities for Foothill Transit, Greg Verabian, Architect, Nord Ericksson, ASLA, EPT Landscape Architects, Mike Miller, President of the West Covina Chamber of Commerce, Cheryl Smith, Ferdy Chan and Doran Barnes, Executive Director of Foothill Transit, spoke in favor of the application. Mr: Cordero spoke to the Commission regarding the proposed park and ride facility, the economic impact of bus riders shopping at the adjacent retail centers, proposed routes for the bus lines, and Foothill Transit's efforts to secure a permanent location for their park. and ride structure. ZAPLANCOM\MINUTES\2009 MINUTES\8.11.09 minutes.doc Planning Commission Minutes • Page 3 —August 11, 2009 Mr. Verabian explained the proposed landscape architecture and the use of various plants to screen the structure, buffer possible fumes, minimize the sunlight on the asphalt and incorporate. existing eucalyptus trees into the landscape plans. Michael Miller, President of the West Covina Chamber of Commerce, spoke in favor of the project. He also stated his willingness to help Foothill Transit establish the park and ride facility in West Covina. Ms. Smith and Mr. Chan spoke in favor of the project because they both ride the..bus on a regular basis. Both of them said that the park and ride facility needs to be in a permanent place. Ms. Smith spoke about having a difficult time adjusting each time the park and ride facility has changed locations. She also expressed her concern that West Covina City ;Hall, which is .where she currently parks, will begin charging for parking in the near future. Mr. Chan also spoke regarding problems parking at City Hall. OPPONENTS: Royall Brown, Steve Sheldon, Denis Bilodeau, representing the Infrastructure Group, and Kim Nielsen spoke in opposition. Mr. Brown expressed his opposition to the proposed parking structure because the traffic on Vincent Avenue is especially heavy, which could hurt the City's sales tax revenue. He suggested that subterranean parking be proposed. Mr. Sheldon, representing the owner of the adjacent shopping center, expressed his concern that the .structure would block visibility of the stores currently located in the shopping center. He also addressed the Commission regarding a possible reduction in the property value if the park and ride facility is built next door. Mr. Bilodeau, representing the Infrastructure Group, addressed the Commission regarding the need for a new environmental impact report. He also expressed his concern.that Cal Trans would not pay for the necessary mitigation measures. He added that this project would have a significant, negative impact on the area. Ms. Nielsen expressed her opinion that the buses and structure would .generate more traffic in the area. REBUTTAL: Doran Barnes, representing Foothill Transit, spoke in rebuttal.. He told the Commission that subterranean parking would double the cost of the project. He also said that Foothill Transit has been searching for a permanent location for a number of years but had not been successful in securing one. Chairman Stewart closed the public hearing. Mike Lee, Assistant Community Development Director, .said that he had provided the Commission with a memorandum outlining Community Development's concerns with the proposed structure. He spoke about the Community Development Commission's five- year goal to help businesses in this area. There was a lengthy discussion by the Commission regarding this project. Much of the discussion was about the concern that there would be a negative impact by the parking structure on the adjacent shopping center in terms of blocking visibility. In addition, the Commission considered the impact of additional traffic generated by the park and ride facility on Vincent Avenue. Also discussed was the possibility of creating a subterranean parking structure, and. federal funding for this project. The Commission also gave consideration to. the impact the parking structure would have on future development and tenants in the area. ZAPLANC0M\MINUTES\2009 MINUTES\8.11.09 minutes.doc Planning Commission Minute Page 4 - August 11, 2009 Commissioner Sotelo asked Mr. Cordero about other sites that have been explored. Mr. Cordero gave a brief explanation of other locations and the problems encountered in the negotiations. He also told the Commission that Foothill Transit has been seeking a site for approximately 15 years. The Commission also asked questions regarding the possibility of using the. parking structure at the Lakes, and the redirection of the bus routes. It was the consensus of the Commission that a park and ride facility is needed to accommodate bus riders and give them a safe place to park their cars. Commissioner Sotelo suggested that the City help identify a blighted property that would be suitable for the park and ride facility. Commissioner Sykes expressed his support of the project since the park and ride facility would help alleviate traffic and encourage the use of public transportation, as mandated by State and Federal guidelines. The Commission concurred that, while a park and ride facility is needed in the community; this is not the most advantageous location. Motion by Redholtz, seconded by Carrico, to accept findings. for denial as recommended by staff. There was further discussion by the Commission regarding another property that would be more suitable. Commissioner Sotelo said that he would prefer to continue this matter to another meeting and give the applicant a chance to present another amended 'plan that would address the Commission's concerns. At the conclusion of this discussion, Commissioner Redholtz restated his motion'' Motion by Redholtz, seconded by Carrico, to adopt findings for denial as recommended by staff. Motion carried 3-2 (Sotelo, Sykes opposed.) Motion by Redholtz, seconded by Carrico, to waive further reading of the body of the resolution and adopt Resolution No. 09-53354 denying Precise Plan No. 07-07 and Tree Removal Permit No. 08-05. Motion carried 3-2 (Sotelo, Sykes opposed.) Motion by Redholtz, seconded by Carrico, to adopt findings for denial as recommended by staff. Motion carried 3-2 (Sotelo, Sykes opposed.) Motion by Redholtz, seconded by Carrico, to waive further reading of the body of the resolution and adopt Resolution No. 09-5335, denying Conditional Use Permit No. 08-05. Motion carried 3-2 (Sotelo, Sykes opposed.) Chairman Stewart stated that this action was final unless appealed to the City'' Council within ten days. Chairman Stewart called a recess at 9:10 p.m. Chairman Stewart reconvened the meeting at 9:25 p.m. NEW PUBLIC HEARINGS (2) - CONDITIONAL USE PERMIT NO. 09-06 - CATEGORICAL EXEMPTION APPLICANT: Carole Stephenson, American Beauty College LOCATION: 646 South Sunset Avenue. REQUEST: The applicant is requesting a conditional ' use permit to allow the operation of a 2,696-square foot beauty school (college) within an existing two-story office building. No new construction is proposed in conjunction with the school. ZA\PLANCOM\MINUTES\2009 MINUTES\8.11.09 minutes.doc AGENDA ITEM NO. C -1 ATTACHMENT 6 DATE: 8/11/09 PLANNING DEPARTMENT STAFF REPORT PRECISE PLAN NO.07-07 CONDITIONAL USE PERMIT NO.08-05 TREE REMOVAL PERMIT NO.08-05 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: . Roland Cordero (Foothill Transit) LOCATION: 100 S. Vincent Avenue I. DESCRIPTION OF APPLICATION The project consists of the request for a precise plan to construct a five -and -a -half - level parking structure with 654 parking spaces and 2,000-square foot of retail space on the northerly portion of the property to replace the existing surface parking lot, a conditional use permit to relocate a two-lane drive -through automatic teller machine, and a tree removal permit to remove a tree in the front setback (Lakes Drive). The proposed parking structure would be used for tenants of the office building and for Foothill Transit's park & ride. The subject property is located on the northeasterly corner of Vincent Avenue and Lakes Drive. II. STAFF RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution certifying the Mitigated Negative Declaration of Environmental Impact and also adopt resolutions approving Precise Plan No. 07-07, Conditional Use Permit No 08-05, and Tree Removal Permit No. 08-05. III. ENVIRONMENTAL DETERMINATION The initial study prepared for the project disclosed that the project will not have a significant impact on the environment. Mitigation measures have been incorporated into the project's design and as conditions of approval to reduce impacts on the environment to a less than significant level. A Negative Declaration of Environmental Impact has been prepared pursuant to the requirements of the California. Environmental Quality Act (CEQA) of 1970, asamended. A Traffic Study was prepared and concluded that mitigation measures were required. In addition, an Air Quality Analysis and Noise Impact Analysis were prepared. Other significant impacts were noted for biological resources and public services. Mitigation measures for these impacts have been identified in the Initial Study and are included as conditions of approval. The applicant also provided information on Cultural Resources (contact with the Native American Heritage Commission) in regards to potential archeological issues. An Environmental Justice Analysis was provided that evaluates negative affects on the health or environment of minority and low-income populations. No adverse affects were found in either study. The project will be partially funded with federal grants, therefore the project must comply with the National Environmental Protection Act (NEPA). The NEPA process follows Federal standards and is similar to CEQA procedures. In this case the lead agency approving the environmental analysis is the Federal Transit ZACase Files\PP\2007TP 07-07 Foothill Transit\PC 8.11.09\Staff_Report.doc PP 07-07, CUP 08-05, TRF*5 • Foothill Transit Parking Structure August 11, 2009 - Page 2 The applicant also provided information on Cultural Resources (contact with the Native American Heritage Commission) in regards to potential archeological issues. An Environmental Justice Analysis was provided that evaluates negative affects on the health or environment of minority and low-income populations. No adverse affects were found in either study. The project will be partially funded with federal grants, therefore the project must comply with the National Environmental Protection Act (NEPA). The NEPA process follows Federal standards and is similar to CEQA procedures. In this "case the lead agency approving the environmental analysis is the Federal Transit Administration (FTA). The review document, known as an Environmental Assessment (EA), was issued on May 23, 2008 and the review period concluded on June 23, 2008. The FTA issued a Finding of No Significant Impact (FONSI) on July 10, 2008. During the NEPA EA review period, letters were submitted from the property owners to the east and south of the subject property (Best Buy, DSW, Starbucks property and Elephant Bar property) protesting that the document did not address visual impacts in that the project would obscure the view of those businesses from the I-10 Freeway and Vincent Avenue. The Final EA includes response to comments. The responses indicate that views to and from commercial sites are not considered protected or sensitive views and that obstructions are not considered impacts that require mitigation. The response also indicates Foothill Trarsit's willingness to discuss signage opportunities and shared parking arrangements. The following is 'a summary of the Traffic Impact Analysis, Air Quality Analysis and Noise Impact Analysis. Traffic Impact Analysis A traffic study prepared by Fehr and Peers Transportation Consultants (September 2008) was submitted for the project to assess potential traffic impacts. In order to evaluate the potential impacts to the local street system, six intersections were analyzed. The intersections studied included: 1. N. Vincent Avenue & I-10 Westbound Ramps 2. S. Vincent Avenue& I-10 Eastbound Off -ramp 3. S. Vincent Avenue & Lakes Drive/Plaza Drive 4. S. Vincent Avenue & West Covina Parkway 5. Lakes Drive & Lakes Drive (Adjacent to the theater) 6. California Avenue & Plaza Drive The analysis supports the following conclusions and recommendations: • The project consists of the construction of a five -and -a -half -level, 654 space parking structure on the site, which is occupied by surface parking and an existing office building that is occupied by Foothill Tran'sit's administrative headquarters, a bank (Chase) and other tenants. Altogether the site would provide a total of approximately 752 on -site parking spaces (structured and surface). Of these, 161 are required by code to serve the existing on -site uses and approximately 591 spaces would be available for the park & ride use. Buildout is planned for 2010. • , Site access would be provided by the existing right-turn-in/right-turn-out driveway on Vincent Avenue and a relocated full -access driveway on Lakes Drive, which would be shifted approximately 110 feet east of its current location. It would be aligned directly opposite a retail driveway on the south side of Lakes Drive and approximately 100 feet west of the nearest retail. driveway on the north side of Lakes Drive. This configuration will allow eastbound traffic to better utilize the existing two- way left -turn lane on Lakes Drive, and will minimize the potentialfor conflicts with other nearby driveways. It will also improve conditions for Z:\Case Files\PP\2007\PP 07-07 Foothill Transit\PC 8.11.09\Staff Report (2)_cc.doc PP 07-07, CUP 08-05, TRP 0�5 Foothill Transit Parking Structure August 11, 2009 -Page 3 drivers exiting the site onto Lakes Drive by increasing sight distance to the east, relative to the existing driveway. • A bus stop would be constructed at the western edge of the project site on northbound Vincent Avenue to serve Foothill Transit commuter buses that proceed eastbound onto I-10. The existing northbound nearside bus stop on Vincent Avenue at Lakes Drive/Plaza Drive would be eliminated and transit patrons would be served by other nearby bus stops. The existing southbound far -.side bus stop on Vincent Avenue at Lakes Drive/Plaza Drive would be retained and supplemented by a new bus stop to be located on the north side of Lakes Drive adjacent to the site to serve westbound commuter buses,, which operate only in the a.m. peak hour. The existing westbound bus stop near there, used by the City's local shuttle (Go West), could potentially be consolidated into this stop. • The existing drive -through automated teller machines (ATMs) on the site would be relocated with the. proposed project, adding capacity to store vehicles in queue and reducing the incidence of queue spillback into the adjacent parking lot. The project is estimated to generate approximately 146 net new trips in the a.m. peak hour (the highest one hour ' period between 7:00 and .9:00 a.m.) and 298 trips in the p.m. peak hour (the highest one hour period between 4:00 and 6:00 p.m.). These estimates are based on empirical data collected in 2006 and 2008 at existing park & ride lots located in the same general area of the greater Los Angeles region as the proposed project. These are in addition to the trips already generated by the existing office building. These trips, related to the proposed park & ride facility, would not be new to. the general area, but are already being made to their ultimate destinations, either directly or via other park & ride facilities. • The project would result in a significant traffic impact at the intersection of Vincent Avenue and Lakes Drive/Plaza Drive in the p.m. peak hour. The impact could be fully mitigated by widening the northbound approach to the intersection to provide a dedicated northbound right -turn lane. The project's fair -share contribution to the cost of this mitigation is calculated to be 201/o, based on the portion of traffic growth that is attributable to the project. Analysis of potential project impacts at the on -ramps and off -ramps to the I-10 freeway. were assessed. It was determined that the project would significantly impact the I-10 eastbound on -ramp north of the project site, which already operates above capacity in the p.m. peak hour, causing queuing onto Vincent Avenue. The site plan allows for widening of northbound Vincent Avenue north of the existing driveway on the site to provide a fourth travel lane. This would allow for the provision of two northbound through lanes and two lanes onto the freeway on -ramp, providing additional queuing space leading to the on -ramp and fully mitigating the identified impact. The project's fairshare contribution to the cost of the on -ramp mitigation is calculated to be 16%, based on the portion of traffic growth there that is attributable to the project. In conclusion, the. Traffic Study analysis indicates that the project is forecasted to have a significant impact at Intersection No. 3 - S. Vincent Avenue and Lakes Drive/Plaza Drive. The addition of project traffic at that intersection would result in a reduction of Level of Service (LOS) from "E" to "F" during the p.m. peak hour. Mitigation measures have been included that would offset the significant traffic impact at the above intersection. The mitigation requires that Vincent Avenue be widened south of Lakes Drive/Plaza Drive with a dedication of a strip of landscape area in front of Elephant Bar (east side of Vincent Avenue). With the Z:\Case Files\PP\2007\PP 07-07 Foothill Transit\PC 8.11.09\Staff Report (2)_cc.doc PP 07-07, CUP 08-05, TRP105 Foothill Transit Parking Structure August 11, 2009 Page 4 implementation of this mitigation measure, this intersection would be mitigated'ito a if less -than -significant level. Air Oualitv Analvsis According to the Air Quality Study prepared by LSA Associates, Inc., the construction and operation emissions will not exceed threshold emissions. The proposed construction activities would occur independently. of the park & ride operational activities. For this reason, the project would not contribute substantially to regional or local air pollution problems in the area. The project will require grading and construction, which creates the potential for the generation of fugitive If dusts (particulates), which may impact the surrounding properties. Mitigation measures are required to include wetting down soils, chemical stabilization of unattended construction areas, planting vegetative ground cover as soon as possible on construction sites, and physically covering all trucks hauling dirt, sand, or other loose materials to and from the site. Noise Impact Analysis A Noise Impact Analysis was prepared by LSA Associates, Inc. The analysis found that there would be no significant short or long-term noise impacts as a result of the construction or operation of the park & ride facility. There are no noise -sensitive land uses in close proximity to the subject property. The closest residences are approximately 650 feet away on the north side of the I-10 Freeway. However,''' due to short-term noise impacts to nearby commercial uses due to site excavation' and grading, the following mitigation has been included. Prior to commencement of construction activities, a Noise Control Plan (NCP) shall be prepared by an acoustical engineer. The plan shall include: • An inventory of construction equipment used during daytime and nighttime. • An estimate of projected construction noise levels. • Locations and types of measures that may be needed to meet specified noise limits. • Periodic noise monitoring at strategic locations during construction. • Consideration of alternatives to pile driving. • Changing of the timing or sequence of the noisiest operations (particularly pile driving) where feasible to avoid sensitive times of the day, including nighttime and/or off-peak construction hours, pending approval by the City. • Whenever possible, use of noise control devices such as equipment mufflers, enclosures, and barriers, and staging construction operations away from businesses. The project shall comply with the City of West Covina's noise ordinance, as it relates to construction .activities and noise abatement. The plan shall -be submitted to the City of West Covina Planning Department for review and approval as part of plan check requirements. Addendum to Miti atg ed Negative Declaration Due to modifications made to the project since the ,Mitigated Negative Declaration was prepared, an Addendum is proposed. Modifications to the original development include: reduction in the height from 75 feet, 6 inches to 56 feet, 2 inches; the size of the parking structure is being reduced from 221',400 square feet to 217,579 square feet; total number of parking spaces increases from if 718 to 752; and architectural revisions to the parking structure and the ATM structure (including addition of retail space on the ground level). ZACase Files\PP\2007\PP 07-07 Foothill Transit\PC 8.11.09\Staff_Report (2)_cc.doc PP 07-07, CUP 08-05, TRP • Foothill Transit Parking Structure August 11, 2009 Page 5 As part. of the Addendum, an addendum to the Traffic Impact Analysis was prepared for the changes to the project. That analysis evaluated the addition of the 2,000 square feet of retail space as well as changes to the number of parking spaces. V. HISTORY The Planning Commission approved Precise Plan No. 492 on September 4, 1968. The approval allowed the construction of a six -story office building. For many years the office building was occupied by Home Savings of America. Foothill Transit purchased the building in March 2006. . The Planning Commission approved UUP 335 to allow the installation of drive -through ATM's on October 14, 1992. VI. SUMMARY OF DATA +'•€"'' k& , F.Y " k'I STANDARDVh, � X Sa� 1- A4Y � EXISTING,Rt' PROPOSED r� REQUIRED/ R'XI RE ALLOWED Site Area 2.92 Acres, 2.92 Acres 30 acres (R-C) (127,200 s.£) Building Area 44,134 s.f. N/A N/A Building Coverage Office 7,400 s.f. 7,400 s.f. ATM 1,140 s.f. Parking Structure -- (39,180 s.f.) Total 8,540 s.f. 58,141 s.f. (7.4%) (50.0% allowed) Parking Structure Setbacks Front -- 180' 5' minimum, 15' average required Street Side -- 3' None specified Interior Side -- 11' None Specified Rear' -- 18' 5' minimum, 15' average required Parking Structure -- 56' 2" No height limit Height Elevator Tower (Original 75' 6") Landscaping --- 32,900 sq. ft. 23,256± sq. ft. (Coverage) (25.9%) (20%required) Z:\Case Files\PP\2007\PP 07-07 Foothill Transit\PC 8.11.09\Staff_Report (2)_cc.doc PP 07-07, CUP 08-05, TRP 05 Foothill Transit Parking Structure August 11, 2009 -Page 6 0 Subject Property General Plan Designation: Regional Commercial Subject Property's Zoning: "R-C" (Regional Commercial) Surrounding Zoning and Land Use: North: San Bernardino Freeway South: "Regional Commercial" (R-C) — Restaurant and Bank East: "Regional Commercial" (R-C) - Shopping Center West: "Regional Commerical" (R-C) — Shopping Center Notices of Public Hearing have been mailed to 38 owners and occupants of properties located within .300 feet of the subject site. A sign was also posted on the property (near the onramp to the I-10 Freeway) advertising the public hearing.. ' VII. PROJECT DESCRIPTION AND ANALYSIS The applicant is requesting a precise plan to allow the construction of a five -and -a - half -level parking structure on the existing surface parking lot at 100 S. Vincent Avenue. The proposed parking structure would be located north of the existing multi -story office building. The main purpose of the parking structure is to provide park & ride parking spaces for bus patrons and carpoolers. The applicant is also requesting approval of a conditional use permit for a drive -through automatic teller machine (ATM) to replace the existing ATM that will be removed. A tree removal permit is also requested to remove a tree located in the front setback. The property is owned by Foothill Transit. The subject property is located in an urbanized area and is .located south of the Interstate 10 (San Bernardino) Freeway. Freeway, ramps are located on Vincent Avenue allowing access to the eastbound and westbound San Bernardino Freeway.. The site is bounded by Vincent Avenue on the west and Lakes Drive on the south. The Marketplace at the Lakes Shopping Center is located to the east of the subject property. The initial public hearing was held on January 27, 2009. At that hearing q the Planning Commission continued the item requesting that the applicant provide the following information:` • Information or studies on economic impact on retail businesses in the vicinity of park & ride facilities. • Proposed revisions to. bus routes and bus stops. This information should; include existing bus routes/stops and proposed bus routes/stops. • Information on left -turn movements from South Vincent Avenue to Lakes, Drive. Concern was expressed that no mitigations were proposed for that movement. Information submitted should explain why no mitigations' were required by the Traffic Impact Analysis. • Information alternative locations considered by Foothill Transit for they park & ride facility. Foothill did express some locations in other cities,?, . the Commission is interested in locations considered in the City of West'! Covina. Locations cited at the hearing were the Kmart property and the', Lakes Office development parking structures. Subsequently, the item was also continued to and held over on March 24, 2009, May 26, 2009, and July 7, 2009. Z:\Case Files\PP\2007\PP 07-07 Foothill Transit\PC 8.11.09\Staff_Report (2)_cc.doc PP 07-07, CUP 08-05, TRP 0 • Foothill Transit Parking Structure A 11 2009 P 7 ugust - age That information has been provided for the Planning Commission's consideration. In addition, the applicant considered the input from the Planning Commission and the community and decided to modify the architectural design of the parking structure. The applicant has reduced the height from 6 levels (75 feet 6 inches) to five -and -a -half levels (56 feet 2 inches), added 2,000 square feet of retail on the ground floor street frontage, and revised three elevations to appear more like an office building. In reducing the height of the parking structure, the applicant also added a partial subterranean level. Information Requested by the Planning Commission As mentioned previously, the Planning Commission requested that the applicant provide further information based on the discussion at the January 27, 2009 public hearing. Staff has summarized the submitted material. • Information or studies on economic impact on retail businesses in the vicinity of park & ride facilities The applicant submitted a study. titled "Evaluation of Shared Use Park and Ride Impact on Properties". The study analyzes survey results of park & ride users. The study concludes that approximately 40 percent of those surveyed made purchases in the area of a park & ride that they would have made at other places or not at all. • Proposed revisions to bus routes and bus stops. This information should include existing bus routes/stops and proposed bus routes/stops. The applicant has provided maps of the area detailing existing bus routes and proposed bus routes for the park & ride facility. • Information on left -turn movements from South Vincent Avenue to Lakes Drive. Concern was expressed that no mitigations were proposed for that movement. Information submitted should explain why no mitigations were required by the Traffic Impact Analysis. A memorandum from Fehr and Peers was submitted that summarizes the proposed traffic improvements and that those improvements would result in improved operating conditions for the southbound left -turn movement. • Information alternative locations considered by Foothill Transit for the park & ride facility. Foothill did express some locations in other cities, the Commission is interested .in locations considered in the City of West Covina. Locations cited at the hearing were the Kmart property and the Lakes Office development parking structures. A report was submitted summarizing the efforts of Foothill Transit to develop a park & ride facility from 1990 to present. Additionally, the City's Community Development Commission (CDC) submitted a memo (Attachment 10) to the Planning Department that raised potential concerns about the proposed parking structure and its location within the West Covina Redevelopment Project Area. The CDC's concerns include: (1) the parking structure blocks the visibility of adjacent retail businesses (Best Buy, DSW, Barnes and Nobles and Starbucks); (2) the location of the parking structure may not.contribute to an attractive gateway edge to the City when being accessed from the freeway; and (3) the proposed project is not consistent with the goals and objectives of the CDC's 2005-09 Redevelopment Implementation Plan in that the proposed project could potentially inhibit future efforts to attract tenants and redevelop adjacent commercial retail areas. ZACase Files\PP\2007\PP 07-07 Foothill Transit\PC 8.11.09\Staff Report (2)_cc.doc PP 07-07, CUP 08-05, TRP&S • Foothill Transit Parking Structure August 11, 2009 - Page 8 Precise Plan The subject property is developed with a six -story office building that was originally constructed for Home Savings of America. The office building is located on the southwest corner of the property. The building is owned by Foothill Transit and the ground floor is occupied by Chase Bank. A drive -through automated teller canopy (ATM) is located on the southeast corner of the property, The remainder of the property is improved with surface parking facilities. The proposal entails the addition of a five -and -a -half -level parking structure on the north side of the property to replace the existing surface parking lot at the northerly portion of the site adjacent to Vincent Avenue. The parking structure is rectangular with the longer elevations on the east and west: The purpose of the parking structure is to provide parking for transit patrons and rideshare participants. Additionally; the proposal includes relocating the existing drive -through ATM to the north of the current location. The relocation allows for a more efficient parking lot design;! and circulation. The project also includes right-of-way dedications along Vincent Avenue allowing for widening of the street to accommodate the addition of lanes.. Due to the changes in the site layout, extensive changes are proposed for landscape areas. The Municipal Code requires that eight percent of the lot be landscaped. The proposed design provides landscaping on 25.9 percent of the site.. The existing landscape areas along Vincent Avenue, Lakes Drive and the freeway onramp twill remain. Landscaped areas are also proposed around the office building and in triangular areas along the eastern property line. A tree removal permit is required since the proposal includes the removal of some of the trees along Lakes Drive. The subject property has a number of large trees within the landscape areas in the parking lot, along frontages and around the office building. These trees are primarily Eucalyptus and palms. The Municipal Code defines trees located in the front setback that have a trunk circumference greater 'than one foot as a "significant tree". One of the Eucalyptus trees currently located to the south of the existing drive -through ATM is located within the front setback and is located where a driveway is proposed. Although the tree is not significant due to its species, it is significant due to its location. A condition , of approval requiring replacement trees is included in the precise plan resolution. Park & Ride Structure The proposed park & ride (PNR) structure has been redesigned since the public hearing of January 27, 2009. The proposed parking structure has been designed to simulate the appearance of an office building. Precast. concrete panels are proposed in a horizontal pattern with small openings between the panels that simulate reveals. Openings in the panels are designed to appear like windows and include variable - width semi -opaque glass panels within the openings. The window surrounds protrude one -and -a -half feet from the building wall, creating movement, wall off -set, and providing for shadow lines. The revised architectural treatment is proposed on three elevations, the north, west and south elevations. The east elevation has been designed with a more traditional parking structure design that includes four- foot high concrete guardrails at each level. The parking structure is proposed to be located 18 feet from the existing properly line .along Vincent Avenue. However, due to the need for a bus turnout,l� the Engineering Division is requiring. a variable width dedication between the drive approach on Vincent Avenue and the onramp to the San Bernardino Freeway. This dedication reduces the setback of the building, at its closest point, to approximately three feet. Upon dedication, the setback in that area would range from ten feet to three feet from the property line. The right-of-way would be developed with an eight -foot public sidewalk. Z:\Case Files\PP\2007\PP 07707 Foothill Transit\PC 8.11.09\Staff Report (2)_cc.doc PP 07-07, CUP 08-05, TRP (�5 • Foothill Transit Parking Structure August 11, 2009 - Page 9 Towers are proposed along the west elevation at the north and south end of the structure for the elevators and staircases. Two elevators and a staircase are proposed within the towers at the southwesterly corner of the parking structure and a staircase is proposed at the northwesterly corner. The tower elements are the. tallest portion of the structure with a proposed height of 56 feet, 2 inches. The office building is 120 feet tall. The top deck of the parking structure also includes a bronze metal canopy shade structure that will also allow for the installation of solar photovoltaic panels. The colors of the proposed parking structure are earthtone. The ground floor of parking structure would be open, with the exception of the retail frontage that would be developed with clear glass storefronts and bronze mullions. The exterior of the parking structure will primarily be light sandblasted precast concrete (beige in color). The window elements around the openings will be painted blue. tobe consistent with Foothill's colors. The elevator towers on each end of the west elevation would be comprised of a variegated medium brown colored CMU (concrete material unit) block. The towers would be clad in a lattice structure of variable -width bronze horizontal metal components that provide off -site visibility into the staircase and elevator lobbies for security purposes. The applicant is proposing a metal canopy that extends seven feet from the building facade along Vincent Avenue. The metal canopy would be bronze, consistent with the color of the tower structure. This canopy is an architectural feature and serves to provide weather protection for patrons waiting for buses. Due to the proposed three- foot setback, the canopy would.extend into the public right-of-way along the central portion of the structure. An encroachment permit would need to be obtained from the Public Works Department. A condition has been included in the resolution. Vehicular. access to the PNR structure is proposed on the. south elevation via the existing drive aisle to the north of the office building. The parking aisle within the parking structure is double -loaded (parking on both sides of the drive aisle). Vehicles would travel through the levels of the parking structure in a circular pattern. The parking spaces on the easterly side of the structure would form the ramp. The redesigned plan includes a partial subterranean level as well as a partial sixth level. The partial sixth level would be located on the easterly side of the structure. The top deck of the parking structure is opened to the sky. The City's parking standards require a 12-foot turn -around area for all dead-end drives. In this case, one turn- around area is required on the top deck and one is required at the end of the subterranean level. These turn -around spaces allow vehicles to turn around if all parking spaces are filled. Parking and Circulation The proposed project would provide 654 parking spaces in the parking structure and another 98 surface parking spaces in the southeastern section of the lot. The businesses at the site include a bank, dental office, and professional office. These uses require 153 parking spaces. In. addition, the proposed parking structure includes 2,000 square feet of retail space to be utilized for transit -oriented retail. The retail component requires eight parking spaces, therefore a total of 161 parking spaces must be provided for the on -site uses. Since there are only 98 surface parking spaces, 105 parking spaces in the PNR structure would be reserved for tenant parking. The remaining 536 parking spaces in the structure would be reserved for park & ride users. All surface parking spaces and parking spaces in the structure are 8 feet, 6 inches by 18 feet. A breakdown on the number of parking spaces is provided in the chart below. Z:\Case Files\PP\2007\PP 07-07 Foothill Transit\PC 8.11.09\Staff Report (2)_cc.doc PP 07-07, CUP 08-05, TRP05 . Foothill Transit Parking Structure August 11, 2009 - Page 10 Standard Handicapped Total Lower Level 76 0 76 Ground Level 83 13 96 2° Level 118 0 118 3r Level 118 0 118 4th Level 117 0 117 5 Level 129 0 129 Subtotal 641 13 654 Surface Parking 94 4 98 Total 735 17 - 752. Currently, the site provides access from public streets on Vincent Avenue and on Lakes Drive. The access from Vincent Avenue will remain the same. The drive approach on Lakes Drive will be closed and relocated approximately 110 feet west of the current location. The relocation allows for a more efficient parking layout, allows the driveway to be aligned with the driveway on the south side of Lakes Drive that serves the former Wickes site, and provides better vehicle queuing. Dedication Bus Turnout Based on the Traffic Impact Analysis, a street dedication is required along the westerly frontage of the property north of the drive approach on Vincent Avenue. The dedication is a variable -width dedication ranging from approximately 10 feet to 18 feet. in width. The street dedication will allow for the addition of a second dedicated right turn lane onto the eastbound I-10 (San Bernardino) Freeway. Additionally, a bus turnout is proposed on a portion of the frontage allowing for bus pick-up and drop-off without interfering with vehicles entering the freeway. ' The provision of the bus turnout requires that the dedication be a variable -width dedication. Relocation of ATM As part of, the proposal, the existing drive -through. ATM structure will be demolished and a new canopy and drive -through lanes constructed. The existing ATM structure is located in the southeasterly portion of the property. The proposed structure would be located north of the existing location and the drive -through lanes would. be configured so that vehicles would enter from the east and traveU in a westbound direction to access the ATM's. The proposed ATM structure is 1,140 square feet in size. The canopy is 12 feet tall. The canopy has been designed to complement the parking structure and incorporates the same architectural design and materials as the elevator and staircase towers.'; The proposed structure is composed of bronze horizontal metal slats which allow for ventilation and visibility. The roof design incorporates triangular shapes forming rectangles. The triangular shapes slope downward to provide articulation. The center of the structure includes a solid metal roof to protect the ATM's and customers from the weather. Phasing The proposal entails phasing the construction into three phases. Currently there are 192 parking spaces on the property and the existing uses require 153 parking spaces. The following chart provides information on the proposed phases. Z:\Case Files\PP\2007\PP 07-07 Foothill Transit\PC 8.l l.09\Staff Report (2)_cc.doc PP 07-07, CUP 08-05, TRP 0 • Foothill Transit Parking Structure August 11, 2009 - Page 11 Phase Construction Parking Phase One Demo triangular area north of 167 parking ' spaces (3 months) existing ATM's provided on site ■ Construct ATM Structure and drive lanes ■ Demo existing ATM structure. ■ Construct new ATMstructure Phase Two ■ Demo surface parking lot on 129 parking spaces (3 Months) south side provided on site ■ Construct new parking layout and (24 parking spaces drive approaches must be leased off-. site) Phase Three ■ Demo surface parking lot on 98 parking spaces (12 months) north side provided on site ■ Construct parking structure (55 parking spaces must be leased off - site) As indicated in the chart, during Phase Two and Phase Three the amount of parking provided would be less than the amount of parking required. The applicant has indicated that they would be providing the necessary parking at an off -site location during the construction period. The proposal is that the off -site parking spaces would be used by employees of Foothill Transit while the other tenants in the office building .would use the on -site parking spaces. A condition of approval has been included in the precise plan resolution requiring the submittal of phasing plan with documentation for off -site parking provided at each phase. Conditional Use Permit The West Covina Municipal Code requires a conditional use permit for drive - through automatic teller machines (ATM's). A conditional use permit for the existing drive -through ATM's was approved in 1992. Since the project entails constructing a new drive -through ATM, a conditional use permit is required. The proposed drive -through is designed with two drive -through aisles that can accommodate stacking of 11 vehicles at a time without affecting the drive aisle (four in one lane and five in the other). The existing ATM provides queuing of seven vehicles. In May of 2008, during a 10-day period, a survey of transaction activity at the ATM on the site was conducted by Fehr and Peers traffic consultants. The data from the survey indicated that from Sunday through Thursday there are an average of 850 to 900 transactions per day and on Fridays and Saturdays there are an average of 1,200 to 1,300 transactions per day. Additionally, site observations where completed by the traffic consultant on Friday, May 16, 2008, from 11:00 a.m. to 6:00 p.m. Typical transaction times were. observed to be.one to two minutes. During the majority of that period, six or fewer vehicles were queued to use the ATM's. During the busiest time of that observation period (3:00 p.m.) there were often eight to eleven vehicles queuing. The current seven . space queuing was exceeded about 20 times during the observation period. It was noted that during that time the queuing obstructed the free movement of circulation in the. parking lot two times. The proposed drive -through ATM design increases the number of queuing spaces from seven to eleven spaces. In addition, the proposed ATM design includes wider lanes that would be striped. The current ATM lanes are not striped which Z:\Case Files\PP\2007\PP 07-07 Foothill Transit\PC 8.11.09\Staf_Report (2)_cc.doc PP 07-07, CUP 08-05, TRPOS Foothill Transit Parking Structure August 11, 2009 - Page 12 results in the inefficient use of the queuing space. The proposed project is' not likely to affect the level of activity at the drive -through ATM's. The increase in the queuing space is expected to reduce the number of conflicts between vehicles waiting to use the ATM and those circulating through the parking lot. Conclusion Foothill Transit is proposing the construction of a park & ride facility. Historically, there have been sites where park & ride facilities were located on a temporary basis (Eastland and City Hall). This proposal would allow for the provision of a permanent facility. The park & ride facility would continue to serve residents of the City and nearby communities who are patrons of the public transit system. The location of the PNR facility adjacent.to the I-10 Freeway provides convenient access for commuters boarding buses or carpooling. The parking structure has been designed to complement the existing multi -story office building. Although parking structures do not always provide an attractive design, the parking structure. has been designed utilizing a variety of forms and colors. The parking structure has been designed to provide articulation and a variety of forms with emphasis in architectural detail placed on the north, west and south elevations. The Vincent Avenue and Lakes Drive/Plaza Drive is one of .the most congested intersections in the City. Any new buildings or uses that generate more vehicle trips in that area will have negative impacts on the intersection as well as on the I- 10 Freeway ramps. The proposed PNR facility will mainly be used by commuters that will be utilizing the freeway. The PNR structure will generate additional traffic to the street system. To mitigate the additional traffic impacts, a dedicated right turn lane is required as part of the mitigation measures in the traffic impact analysis. These mitigations have been included in the resolutions. 4 u The applicant has submitted information requested by the Planning Commission based on issues raised by the Planning Commission at the January 27, 2009. These issues included traffic, negative impacts to surrounding retail uses, �i and visibility. The City's Community Development Commission (CDC) submitted a memo (Attachment 10) to the Planning Department that raised potential concerns about the proposed parking structure and its location within the West Covina Redevelopment Project Area. The, CDC's concerns include: (1) the parking structure blocks the visibility of adjacent retail businesses (Best Buy, D;SW, Barnes and Nobles and Starbucks); (2) the location of the parking structure may not contribute to an attractive gateway edge to the City when being accessed from. the freeway; and (3) the proposed project is not consistent with the go als1 and objectives of the CDC's 2005-.09 Redevelopment Implementation Plan in that the proposed project could potentially inhibit future efforts to attract tenants) and redevelop adjacent commercial retail areas. ', VIII. STAFF RECOMMENDATION Staff recommends that the Planning Commission choose one of the following options: a) Adopt a resolution certifying Mitigated Negative Declaration of Environmental Impact and adopt resolutions approving Precise Plan No. 07- 07, Conditional Use Permit No. 08-05 and Tree Removal Permit No. 08'1 05. b) Continue the item with direction to the applicant to relocate the parking structure somewhere else on the property, or to. revise the bulk and mass of the parking structure. Z:\Case Files\PP\2007\PP 07-07 Foothill Transit\PC 8.11.09\Staff_Report (2)_cc.doc PP 07-07, CUP 08-05, TRP (�5 Foothill Transit Parking Structure August 11, 2009 - Page 13 c) Adopt resolutions denying Precise Plan No. 07-07, Conditional Use Permit No, 08-05 and Tree Removal Permit No. 08-05. PREPARED BY: Jeff Anderson Acting,City Planner Attachments: Attachment 1 — Mitigated Negative Declaration Resolution Attachment 2 - Precise Plan Resolution for Approval Attachment 3 — Conditional Use Permit Resolution for Approval Attachment 4 — Addendum to Mitigated Negative Declaration Attachment 5 — Addendum to Traffic Impact Analysis Attachment 6 - Planning Commission Minutes, 1/27/09 Attachment 7 — Planning Commission Staff Report, 1/27/09 Attachment 8 — Precise Plan Resolution. for Denial Attachment 9 - Conditional Use Permit Resolution for Denial Attachment 10 - Community Development Commission Memorandum ATTACHMENT PLANNING COMMISSION RESOLUTION NO. 09-5334 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF; WEST COVINA, CALIFORNIA, DENYING PRECISE PLAN NO.07-07 AND TREE REMOVAL PERMIT NO.08-05 PRECISE PLAN NO.07-07 TREE REMOVAL PERMIT NO.08-05 NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Roland Cordero (Foothill Transit) LOCATION: 100 S. Vincent Avenue 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 five -and -a -half -level parking structure on that certain property described as: Assessor's Parcel No. 8474-007-937 and 8474-007-938 in the records of the Los Angeles County Assessor; and ;4 WHEREAS, the Planning Commission upon giving the required notice did on' the 27th day of January, 2009, the 24th day of March, 2009, the 26th day of May, 2009, the 14th day of July, 2009, and the 11 th day of August, 2009, conduct duly advertised public hearings as prescribed by law to consider said application; and `I WHEREAS, consistent with this request, a conditional use permit for operation of a drive -through has been submitted; and WHEREAS consistent with this request a tree removal permit has been submitted q p for the removal of an existing significant tree due to its location in the front setback; and WHEREAS, studies and investigations made by this Commission and in hits behalf reveal the following facts: 1. The project consists of a request for a precise plan to allow for the construction of a five -and -a -half -level parking structure on the northerly portion of the lot at 100 S. Vincent Avenue. The applicant is requesting a deviation from the Parking Lot Design Standards to provide a turn -around on a dead-end driveway on the 'top level of the parking structure. 2. The applicant is requesting the removal of one Eucalyptus tree located within the 15-foot front setback along Lakes Drive. 3. The applicant is. also requesting a conditional use permit to allow for two drive - through service aisles for drive -through automatic teller machine (ATM) service: 4. Appropriate findings for approval of a precise plan of design are as follows: ZAResos\2009\09-5334 PP 07-07 Foothill Transit.doc Planning Commission Resolution N0:._J-5334 PP 07-07 & TRP 08-05 August 11, 2009 - Page 2 a. That consideration has been given and restrictions imposed to the extent necessary to permit the same degree of enjoyment of the subject property, but subject to the same degree of protection of adjoining properties, as would be accorded in normal circumstances, by the standard restrictions imposed by the Municipal Code. b. That strict adherence to the development standards of the applicable zone and the proposed precise plan will not measurably depreciate property values in the vicinity or interfere with the use or enjoyment of property in the vicinity or endanger the public peace, health, safety or general welfare. C. That the project is reviewed in terms, of its architectural design, general exterior appearance, landscaping, color, texture of surface materials and exterior construction, shape. and bulk and other physical characteristics including location and type of public utility facilities and is found to facilitate the orderly development of the precise plan area. 5. The initial study prepared for the project disclosed that the project will not have a, significant impact on the environment. Mitigation measures have been incorporated into the project's design and. as conditions of approval to reduce impacts on the environment to a less than significant level. A Negative Declaration of Environmental Impact has been prepared pursuant to.the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. NOW, THEREFORE, the Planning Commission of the City of West Covina does resolve as follows: 1. On the basis of the evidence presented, both oral and documentary, the Planning Commission makes the following findings: b. The subject property is in an urbanized area and is located south of the Interstate 10 (San Bernardino) Freeway. Freeway ramps are located on Vincent Avenue allowing access to the eastbound and westbound San Bernardino Freeway. The subject property is situated between the Westfield West Covina Mall to the west and The Lakes Office/Entertainment area to the east.. The property is situated on Vincent Avenue, which is one of the busiest streets in the City of West Covina. The subject property is a key site in the core of the primary commercial area in the City. The construction of a five -and -a -half -story parking structure at the proposed location will be inconsistent and inharmonious with the surrounding retail development in that the bulk and mass of the structure will block site lines from Vincent Avenue to existing commercial/retail businesses to the east of the proposed parking structure. Although the proposed park and ride facility will provide parking for park and ride commuters, the use and architecture do not contribute to the commercial/retail/entertainment uses in the area. Furthermore, the proposed parking structure will actually interfere with the commercial district by disrupting the urban form by placing a use at the gateway to the largest commercial district in the City that does not provide spin-off or complementary benefits to the commercial uses. The proposed project would be detrimental to the surrounding properties. The proposed structure would be a 56-foot tall, 300-foot long structure. The structure would serve as a physical barrier that separates retail and commercial uses and introduces traffic to the area that further separates the surrounding uses. Furthermore, the proposed project would be detrimental to surrounding property values. Per the testimony received at the public hearing on January 27, 2009, a representative of a neighboring property owner stated that the construction of the park -and -ride structure would negatively affect their property value. Moreover, concern was expressed that the presence of the parking structure would contribute to empty storefronts in that it would be more difficult to attract tenants due to the obstruction of views. c. The project does not facilitate the orderly development of the area due to the physical characteristics of the parking structure. The existing building is an office building that provides banking, dental services and professional offices. The surrounding Z:\Resos\2009\09-5334 PP 07-07 Foothill Transit.doc Planning Commission Resolution -1>-5334 PP 07-07 & TRP 08-05 August 11, 2009 - Page 3 properties are developed with retail, food service, and entertainment uses. The existing building does provide service uses that complement the surrounding uses. The proposed parking structure's shape and bulk divide the surrounding uses and serve to isolate the retail uses on the east side of Vincent Avenue from those on the west side of Vincent Avenue. The proposed general exterior appearance and architecture does not contribute to the surrounding character of development. Although the proposed parking structure has been designed to incorporate architectural elements with similarities to office buildings, the structure continues to included architectural features associated with typical parking structure design, including openings for ventilation, open parking on the top deck, and ground floor parking along Vincent Avenue. The proposal is not in character with the surrounding development in terms of form, mass and architectural style. 2. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, Precise Plan No. 07-07 is denied subject to the provisions of the West Covina Municipal Code. 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 11t' day of August, 2009, by the following vote: AYES: Redholtz, Carrico, Stewart NOES: Sotelo, Sykes ABSENT: None ABSTAIN: None DATE: August 11, 2009 Dave Stewart, Chairman Planning Commission Jefri derson, AICP, Secretary Planning Commission ZAResos\2009\09-5334 PP 07-07 Foothill Transit.doc RESOLUTION NO. 09-5335 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT NO.08-05 CONDITIONAL USE PERMIT NO.08-05 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Roland Cordero (Foothill Transit) LOCATION: 100 S. Vincent Avenue 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 conditional use permit to allow: The operation of a two drive -through ATM's in conjunction with a bank on -site. on that certain property described as: Assessor's Parcel No. 8474-007-937 and 8474-007-938 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 27`h day of January, 2009, the 24`h day of March, 2009, the 26`h day of May, 2009, the 141h day of July, 2009, and the 11 th day of August, 2009, conduct duly advertised public hearings as prescribed by law; and WHEREAS, consistent with this request, a precise plan for the site design and architecture of parking structure and ATM structure has, been submitted; and WHEREAS, consistent with this request a tree removal permit has been submitted for the removal of an existing significant tree due to its location in the front setback; and. WHEREAS, studies and investigations made by this Commission and in its behalf reveal the following facts: 1. The applicant is requesting a conditional use permit to allow for two drive -through service aisles for drive -through automatic teller machine (ATM) service. 2. The project consists of a request for a precise plan to allow for the construction of a five - and -a -half -level parking structure on the northerly portion of the lot at 100 S. Vincent Avenue. The applicant is requesting a deviation from the Parking Lot Design Standards to provide a turn -around on a dead-end driveway on the top level of the parking structure. 3. The applicant is requesting the removal of one Eucalyptus tree located within the 15-foot front setback along Lakes Drive. 4. Appropriate findings for approval of a conditional use permit are as follows: a. That the proposed use at a 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 health, safety, peace, or general welfare of persons residing or working in the vicinity or injurious to property -or improvements in the vicinity. Z:\Resos\2009\09-5335.CUP 08-05 Foothill Transit.ATM.doc Planning Commission Resolution No. -U9-5335 Conditional Use Permit No. 08-05 August 11, 2009, Page 2 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 other features necessary to adjust such 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 use and that the street patterns of such a nature exist as to guarantee such generations will not be channeled through residential streets on local residential streets. C. That granting of such conditional use permit will not adversely affect the General Plan of the City, or any other adopted plan of the City. 5. The initial study prepared for the project disclosed that the project will not have a significant impact on the environment. Mitigation measures have been incorporated into the project's design and as conditions of approval to reduce impacts on the environment to a less than significant level. A Negative Declaration of Environmental Impact has been prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1910, as amended: NOW, THEREFORE, the Planning Commission of the City of West Covina does resolve as follows: 1. On the basis of evidence presented, both oral and documentary, the Planning Commission makes the following findings: a. The proposed drive -through automatic teller machine is part of a larger project that would allow the construction of a five -and -a -half -story parking structure allowing for park and ride usage. The construction of a five -and -a -half -story parking structure at the proposed location will be inconsistent and inharmonious with the surrounding retail development in that the bulk and mass of the structure will block site lines from Vincent Avenue to existing commercial/retail businesses to the east of the proposed parking structure. Although the proposed park and ride facility will provide parking for park and ride commuters, the use and architecture do not contribute to the commercial/retail/entertainment uses in the area. Due to these ramifications, the accompanying drive -through ATM facility is also detrimental to the general welfare of -the City. 2. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, Conditional Use Permit No. 08-05 is denied subject to the provisions of the West Covina Municipal Code. 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 llth day of August, 2009, by the following votes: AYES: Redholtz, Carrico, Stewart NOES: Sotelo, Sykes ABSENT: None ABTAIN: None DATE: August 11, 2009 Dave Stewart, Chairman Planning Commission Jeff erson, AICP, Secretary Pla ning Commission Z:\Resos\2009\09-5339 CUP 08-05 Foothill Transit.ATM.doc Planning Commission Minutes Page 2 — January 27, 2009 ATTACHMENT? 3. REVIEW OF CONDITIONAL USE PERMIT NO.08-03 (ON -SALE ALCOHOL) APPLICANT: Round Table Development Company LOCATION: 2270 South Azusa Avenue (The Heights at West Covina) Review of operation. Recommendation to receive and file report. EXTENSION OF TIME PRECISE PLAN NO.06-15 CONDITIONAL USE PERMIT NO.06-21 APPLICANT: Tien H. Chu LOCATION: 1600 East Francisquito Avenue (South Hills Academy) The applicant is requesting the second one-year extension of time for the above - referenced items. Acting City Planner presented the staff report. During his presentation, Mr. Anderson told the Commission that there was one public hearing scheduled for the February 10, 2009 meeting. He also spoke to the Commission regarding the requests for extensions. Motion by Stewart, seconded by Carrico, to approve the items listed. Motion carried 5-0. HEARING PROCEDURE: You are encouraged by this Commission to express your views on any matter set for public hearing. It is our procedure to first receive the report of the Planning staff, then to ask for public testimony; first from those in favor of the matter, followed by testimony from those in opposition to it, and, if there be opposition, to allow those in favor, rebuttal testimony only as to the points brought up in opposition. To testify on a matter, you need to simply come forward to the lectern at the appropriate time, give your name and address and make your statement. In addition, please sign in on the sheet provided at the podium so it will facilitate preparation of our minutes. Do not be concerned with your possible lack of experience in public hearings. We are interested in what you say, not your level of expertise as a public speaker. After a hearing has been closed, you may not further speak on the matter unless requested to do so by a member of the Commission. C. ' PUBLIC HEARING (1) PRECISE PLAN NO.07-07 CONDITIONAL USE PERMIT NO.08-05 TREE REMOVAL PERMIT NO. 08-05 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Andrea Urbas (Foothill Transit) LOCATION: 100 South Vincent Avenue REQUEST: The project consists of the request for a precise plan to construct a six -level parking structure on the northerly portion of the property to replace the existing surface parking lot, a conditional use permit to relocate a two-lane drive -through automatic. teller machine, and a tree removal permit to remove a tree in the front setback (Lakes Drive). The proposed parking structure would be used for tenants of the office building and for park -and -ride. Chairman Redholtz opened the public hearing. Acting City Planner Jeff Anderson presented the staff report. During his presentation, Mr. Anderson spoke about the environmental reviews, the. traffic study and traffic mitigation measures proposed, proposed improvements to Vincent Avenue, the proposed design and color of the parking structure and mitigation measures for pedestrian safety and traffic. ZAPLANCOM\MINUTES\2009 MINUTES\1.27.09 minutes.doc Planning Commission Minute Page 3 - January 27, 2009 PROPONENT: • Doran Barnes, representing Foothill Transit, spoke in favor of the project and answered questions by the Commission regarding the proposed park and ride facility. Mr. Barnes further addressed the Commission regarding the history of Foothill Transit's search for a suitable location for a permanent park and ride facility. In addition, the Commission viewed a power point presentation regarding the project. OPPONENTS: David Graham, Steve Sheldon and Lloyd Johnson spoke in opposition. Mr. Graham and Mr. Sheldon spoke on behalf of the merchants at the shopping center adjacent to the proposed location and said that there was concern that a six -story parking structure would block the center's visibility from the freeway. Mr. Graham commented on concerns that the proposal would reduce property values in the area, create empty tenant spaces, and contribute to the downward spiral of the economic vitality.of the surrounding area. Mr. Johnson stated his agreement with the other opponents and also expressed his concern that the existing businesses in the center would be adversely affected by the lack of visibility. REBUTTAL: Mr. Barnes rebutted the testimony of the opponents by saying that the view of the shopping center was already obscured by landscaping and an existing building. In addition, he told the Commission that Foothill Transit had considered a subterranean parking structure but decided against it because it would double the construction costs. Chairman Redholtz closed the public hearing. There was a discussion by the Commission regarding the required environmental review, the recommended traffic mitigation measures, the history of Foothill Transit's search for a suitable park and ride location, the improvements proposed by the applicant to help the flow of traffic on Vincent Avenue, the proposed art program for the site, possible positive. and negative impacts on the Lakes Entertainment Center, possible alternative sites for the park and ride facility and possible negative impacts to the traffic on Vincent Avenue. The Commission also considered the statements by the opponents that the .park and ride building would block their visibility from the freeway and have a negative impact on their tenants' businesses. In addition, the Commission asked Mr. Barnes about the number of cars currently using the park and ride and the locations of the existing park and ride facilities. It was the consensus of the Commission that further information was necessary. in order for them to make a more informed decision. The Commission concurred that the hearing should becontinueduntil March 24, 2009. They also requested information regarding the economic impact on retail businesses in the vicinity of park and ride facilities, and proposed revisions to bus routes and stops, information on left turn movements from southbound Vincent Avenue to eastbound Lakes Drive and information on alternative sites considered by Foothill Transit in the City of West Covina. Motion by Sotelo, seconded by Sykes, to reopen the public hearing and continue consideration of this matter at the March 24, 2009 meeting. Motion carried 5-0. Deputy City Attorney Scott Nichols stated that there would no further notice of the continued public hearing and that all interested parties should be present at the March 24, 2009 meeting to voice their concerns. Z:\PLANC0M\MINUTES\2009 MINUTES\1.27.09 minutes.doc ATTACHMENT 1 0. RESOLUTIONN-O: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR PRECISE PLAN NO. 07-071 CONDITIONAL USE PERMIT NO. 08-05, AND TREE REMOVAL PERMIT NO. 08-05, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Roland Cordero (Foothill Transit) LOCATION: 100 S. Vincent Avenue . 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, conditional use permit, and tree removal permit to facilitate the construction of a six -level parking structure and drive -through ATM structure on that certain property generally described as: Assessor's Parcel Number No's 8474-007-937 and 8474-007-938 in the records of the Los Angeles County Assessor; 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 findings 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 Planning Commission upon giving the required notice did on the 27th day of January, 2009, the 24th day of March, 2009, the 26 day of May, 2009, the 10 day of July, 2009, and the 11 th day of August, 2009, conduct duly advertised public hearings as prescribed by law to consider said application; and WHEREAS, on August 11, 2009, the Planning Commission denied the proposal; and WHEREAS, on August 25, 2009, an appeal of the Planning Commission action was filed by Doran Barnes (Foothill Transit); and WHEREAS, the City Council did, on the 151h day of September, 2009, 20th day of October, 2009, 15th day of December, 2009, 191h day of January, 2010, and 2"d day of February conduct duly advertised public hearings as prescribed by law to consider said environmental documents, and considered evidence presented by the Planning Commission, Planning Department and other interested parties. NOW, THEREFORE, the City Council of the City of West Covina does hereby resolve as follows: ZACase Files\PP\2007\PP 07-07 Foothill Transit\CC2.2.I O\Neg Dec Reso.doc Resolution No. MND for PP 07-07, CUP 00 & TRP 08-05 February 2, 2010 — Page 2 1. After receiving and considering all determinations, studies, documents, and recommendations, as well as other appropriate public comments, the Planning 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 Air Quality The project will implement the following Building/ Pre - requirements of SCAQMD. Rule Engineering construction 403: plan check C] Apply nontoxic chemical soil South Coast Air stabilizers according to manufacturers' Quality On -site specifications to all inactive construction Management construction areas (previously graded areas inactive for District inspections 10 days or more). ❑ Water active sites at least twice daily. (Locations where grading is to occur will be thoroughly watered prior to earthmoving.) ❑ All trucks hauling dirt, sand, soil, or other loose materials are to be covered, or should maintain at least 2 feet of freeboard (vertical space between the top of the load and top of the trailer) in accordance with the requirements of California Vehicle Code (CVC) Section .23114. ❑ Traffic speeds on all unpaved roads shall be reduced to 15 miles per hour . (mph) or less. The project will also implement the following additional dust suppression measures in the CEQA Handbook: 11 All excavating and grading operations, shall be suspended when wind speeds (including instantaneous gusts) exceed 25. miles per hour ,(mph). ❑ All streets shall be swept once a day if visible soil materials are carried to adjacent streets (recommend water sweepers with reclaimed water). All on -site surfaces to be paved shall be paved as soon as feasible, watered periodically, or chemically stabilized. U The area disturbed by clearing, grading, earthmoving, or, excavation operations shall be minimized at all times. The Construction Contractor shall select the construction equipment used on site based on low emission factors and high energy efficiency. The Construction Contractor shall ensure that construction grading plans include a statement that all ZACase Files\PP\2007\PP 07-07 Foothill Transit\CC2.2.10\Neg Dec Reso.doc Resolution No. it . MND for PP 07-07, CUP 08-05 & TRP 08-05 February 21 2010 — Page 3 construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. The Construction Contractor shall utilize electric or diesel -powered equipment in lieu of gasoline -powered engines where feasible. The Construction Contractor shall time the construction activities so as to not interfere with peak -hour traffic and minimize obstruction of through traffic lanes adjacent to the site; if necessary,,a flagger shall be retained to maintain safety adjacent to existing roadways. The Construction Contractor shall support and encourage ridesharing and transit incentives for the construction crew. Prior to issuance of any grading or building permit, the project plans and specifications shall be reviewed and approved by the City Planning Department for inclusion of a statement that construction equipment shall be shut off when not in use and not idle for more than 15 minutes. 1 Prior to issuance of any grading or building permit, the project plans and specifications shall be reviewed and approved by the City Planning Department, for inclusion a statement that queuing of trucks on and off site shall be limited to periods when necessitated by grading or construction activities. Prior to issuance of any certificate of occupancy, the applicant shall demonstrate that building lighting uses energy efficient light bulbs (compact fluorescent or equivalent efficiency) to the satisfaction. of the City Planning Department. Biological A landscaping plan shall be prepared for Planning Plan check Resources the project and reviewed and approved by Department the City Planning Department as part of the Precise Plan review process. Any required trees required to be replaced and the replacement trees shall be indicated on the landscape plan. Cultural If human remains, are encountered, State Contractor, On -site Resources Health and Safety Code Section 7050.5 County Coroner construction states that no further disturbance shall and possibly a inspection occur until the County Coroner has made Native American a determination of origin and disposition Z:\Case Files\PP\2007\PP 07-07 Foothill. Transit\CC2.2.10\Neg Dec Reso.doc Resolution No. • MND for PP 07-07, CUP 05 & TRP 08-05 February 2, 2010 - Page 4, pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be Native American, the County Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. descendant Noise Prior to commencement of construction Planning Pre activities, a noise control plan shall be Department construction prepared by an acoustical engineer. The plan check plan shall include: Building/ An inventory of construction equipment Engineering Field used during daytime and nighttime Divisions Observation ❑ Estimate projected construction noise after levels Construction ❑ Locations and types of measures that may be needed to meet specified noise limits J Periodic noise monitoring at strategic locations during construction 1-1 Alternatives to pile driving shall be considered 0 Changing of the timing or sequence of the noisiest operations (particularly pile driving), where feasible, to avoid sensitive times of the day including nighttime and/or off-peak construction hours, pending approval by the City ❑ Whenever possible, use of noise control devices such as equipment mufflers, enclosures, and barriers, and stage construction operations away from businesses The project shall comply with the City of West Covina's noise. ordinance, as it relates to construction activities and noise abatement. The plan shall be submitted to the City of West Covina Planning Department for review and approval as part of plan check requirements. Public Services As part of the site planning process with Planning Precise Plan the City, Foothill Transit will coordinate Department Review with the City to design safety and security components for the parking structure. Police Other security methods may be Department Z:\Case Files\PP\2007\PP 07-07 Foothill Transit\CC2.2.10\Neg Dec Reso.doc Resolution No. . • MND for PP 07-07, CUP 08-05 & TRP 08-05 February 2, 2010 — Page 5 considered, including increased security patrols, as deemed appropriate to the City Planning Director and Police Chief. Traffic Prior to occupancy of the parking City of West Prior to structure, Foothill Transit will work with Covina issuance of the City of West Covina to implement certificates of operational and design improvements to Caltrans use the South Vincent Avenue/Lakes Drive and occupancy intersection. Acquisition of additional right-of-way (ROW) will be completed by Foothill Transit and deeded to the City for public street ROW use. Prior to construction of the parking structure, Foothill Transit will work with Caltrans regarding the encroachment permit and proposed second dedicated access lane to the eastbound I-10 ramp. 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 City Clerk shall certify as to the passage of this Resolution. Z:\Case Files\PP\2007\PP 07-07 Foothill Transit\CC2.2.10\Neg Dec Reso.doc Resolution No. ' MND for PP 07-07, CUP 0 - 5 & TRP 08-05 February 2; 2010 — Page 6 ATTEST: PASSED.AND APPROVED on this 2°d day of February, 2010. Mayor City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF WEST COVINA ) I, Laurie Carrico, City Clerk of the City of West Covina, 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 2nd day of February, 2010. AYES: NOES: ABSENT: ABSTAIN: DATE: February2, 2010 APPROVED AS TO FORM: City Clerk City Attorney •ATTACHMENT 11 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OVERTURNING THE DECISION OF THE PLANNING COMMISSION AND APPROVING PRECISE PLAN NO.07-07 PRECISE PLAN NO.07-07 TREE REMOVAL PERMIT NO.08-05 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Roland Cordero (Foothill Transit) LOCATION: 100 S. Vincent Avenue WHEREAS, there was filed with this Council a verified application on forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code, a requesting approval of a precise plan of design to: Allow for the construction of a five -and -a -half -level parking structure On that certain property generally described as: Assessor's Parcel Number 8474-007-937 and 8474-007-938, in the records of the Los Angeles County Assessor; and WHEREAS, the Planning Commission upon giving the required notice did, on the 27th day of January, 2009, the 241h day of March, 2009, the 26th day of May, 2009, the 141h day of July, 2009, and the 11th day of August, 2009, conduct duly advertised public hearings as.prescribed_by law to consider said application; and WHEREAS, on August 11, 2009, the Planning Commission did adopt Resolution No. 09-5334. denying the application; and WHEREAS, on August 25, 2009, an appeal of the Planning Commission action was filed by Doran Barnes (Foothill Transit); and WHEREAS, the City Council did, on the 15t" day of September, 2009, 201h day of October, 2009, 151h day of December, 2009, 1.9th day of January, 2010, and 2nd day of February conduct duly advertised public hearings as prescribed by law, and considered evidence presented by the Planning Commission, Planning Department, and other interested parties; and WHEREAS, consistent with this request, a conditional use permit for operation of a drive -through has been submitted; and WHEREAS, consistent with this request a tree removal permit has been submitted for the removal of an existing significant tree due to its location in the front setback; and WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts: 1. The project consists of a request for a precise plan to allow for the construction of,a five - and -a -half -level parking structure on the northerly portion of the lot at 100 S. Vincent Avenue. The applicant is requesting a deviation from the Parking Lot Design Standards. to provide a turn -around on a dead-end driveway on the top level of the. parking structure. 2. The applicant is requesting the removal of one Eucalyptus tree located within the 15-foot front setback along Lakes Drive. ZACase Files\PP\2007\PP 07-07 Foothill Transit\CC2.2.10\PP Reso Apprvl.doc Resolution No. ' Precise Plan No. 07-07 & Tree R8'moval Permit No 08-05 February 2, 2010 - Page 2 3. The applicant is also requesting a conditional use permit to allow for two drive -through service aisles for drive -through automatic teller machine (ATM) service. 4. Appropriate findings for approval of a precise plan of design are as follows: a. That consideration has been given and restrictions imposed to the extent necessaryy to permit the same degree of enjoyment of the subject property, but subject to the same. degree of protection of adjoining properties, as would be accorded in normal circumstances, by the standard restrictions imposed by the Municipal Code. b. That strict adherence to the development standards of the applicable zone and the proposed precise plan will not measurably depreciate property values in the vicinity or interfere with the use or enjoyment of property in the vicinity or endanger the public peace, health, safety or general welfare. C. That the project is reviewed in terms of its architectural design, general exterior appearance, landscaping, color, texture of surface materials and exterior construction, shape and bulk and other physical. characteristics including location and type of public utility facilities and is found to facilitate the orderly development of the precise plan area. The initial study prepared for the project disclosed that the project will not have a significant impact on the. environment. I Mitigation measures have been incorporated into the project's design and as conditions of approval to reduce impacts on the environment to a less than significant level. A Negative Declaration of Environmental Impact has been prepared pursuant to the requirements of the California Environmental .Quality Act (CEQA) of 1970, as amended. NOW, THEREFORE, the City Council of the City of West Covina does resolve as follows: 1. On the basis of the evidence presented, both oral and documentary, the City Council makes the following findings: a. The project consists of a request for a precise plan to allow for the construction of a five -and -a -half -level parking structure and a drive -through ATM facility. The footprint of the parking structure is 39,180 square feet and the drive -through ATM facility is 1,140 square feet. The existing six -story office building at the site will remain. The parking structure will be constructed on the northerly surface parking lot (between the existing driveway on Vincent Avenue and the I-10 Freeway. The easterly surface parking lot will be redesigned. A total of 752 parking spaces are proposed, 98 parking spaces on the surface parking lotto the east of the existing office building and 654 parking spaces in the parking structure. The lower levels of the parking structure will be available for tenant parking while the remaining parking spaces will be reserved for park -and -ride commuters. A total of 536 parking spaces will be available for park -and -ride purposes. The proposed project will meet or exceed all applicable Municipal Code requirements, including but not limited to, parking spaces, landscaping,, and building coverage. The property is zoned "Regional Commercial" (R-C) Zone, which allows this type of use. b. The project site is a relatively flat area that is currently developed as a surface parking lot for the office building. The property is 2.92 acres and is currently separated into two parcels. A condition of approval has been included requiring that the applicant file a covenant to hold the two parcels as one: The proposed construction consists of a five -and -a -half -level parking structure and drive - through ATM facility. The site can adequately accommodate the use at the site and the project can be developed adhering to the development standards set forth in the West Covina Municipal Code. Therefore, the construction of parking structure will not depreciate property values, interfere with the use or enjoyment of property in the vicinity, or endanger the public peace, health, safety or general ZACase Files\PP\2007\PP 07-07 Foothill Transit\CC2.2. I O\PP Reso Apprvl.doc Resolution No. . Precise Plan No. 07-07 & Tree Removal Permit No 08-05 February 2, 2010 - Page 3 welfare, due to its location, and the general compatibility of the project with the other commercial uses in the surrounding area. C. The project is found to facilitate the orderly development of the area. The architectural design of the parking .structure is proposed in a manner that is consistent with the existing office building on the subject property. The proposed parking structure has been designed to simulate the appearance of an office building. Precast concrete panels are proposed in a horizontal pattern with small openings between the panels that simulate reveals. Openings in the panels are designed to appear like windows and include variable -width semi -opaque glass panels within the openings. The window surrounds protrude one -and -a -half feet from the building wall, creating movement, wall off -set, and providing for shadow lines. The revised architectural treatment is proposed on three elevations, the north, west and south elevations. The east elevation has been designed with a more traditional parking structure design that includes four -foot high concrete guardrails at each level. The site is designed to fit into the circulation network in the area by providing an additional traffic lane allowing access to the eastbound San Bernardino Freeway. The design also allows for the addition of a northbound lane at the Vincent Avenue and Lakes Drive/Plaza Drive intersection. Therefore, the project after widening of Vincent Avenue, can be adequately served by the street system, while providing safe circulation and access for pedestrians. The project is consistent with the City's General Plan Land Use Element. The subject property is located within the Regional Commercial land use designation of the General Plan. In.addition the subject property is located within the area defined as the Central Business District, which is bounded by the San Bernardino Freeway, Glendora Avenue, Walnut Creek Channel and Cameron Avenue. The Regional Commercial land use designation calls for projects to be strategically located to serve the general area of the East San Gabriel Valley region. One of the goals of the Economic Development Element is to "balance economic development with other .city goals and objectives". Furthermore, one of the goals of the General Plan Circulation Element is to "encourage alternate means of transportation whenever possible to reduce the number of automobiles on the streets ". As such the proposed project intends to provide an alternate means of transportation to commuters that reside within the City and nearby communities. Therefore, reducing the number of vehicles on the streets and freeway; thus reducing traffic congestion. 2. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, Precise Plan No. 07-07 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. 3. That the precise plan shall not be .effective for any purpose until the. owner of the property involved (or a duly authorized representative) has filed at the office of the. Planning Director, his affidavit stating he is aware of, and accepts, all conditions of this precise plan as set forth below. Additionally, no permits shall be issued until the owner of the property involved (or a duly authorized representative) pays all costs associated with the processing of this application pursuant to City Council Resolution No. 8690. 4. The costs and expenses of any enforcement activities, including, but not limited to attorneys' fees, caused by the applicant's. violation of any condition imposed by this approval or any provision of the West Covina Municipal Code shall be paid by the applicant. Z:\Case Files\PP\2007\PP 07-07 Foothill Transit\CC2.2. I OTP Reso Apprvl.doc Resolution No. Precise Plan No. 07-07 & Tre*oval Permit No 08-05. February 2, 2010 - Page 4 5. That the approval of the precise plan is subject to the following conditions: a. Comply with plans reviewed by the City Council on February 2, 2010. b. Comply with all applicable sections of the West Covina Municipal Code. C. Comply with all requirements of the "Regional Commercial" (R-C) Zone. d. A minimum 12-foot turn -around shall be provided on the top deck of the parking structure and at the basement level of the parking structure. The turn -around area shall include pavement marking and signage. e. All parking spaces shall be a minimum of 8.5 feet by 18 feet. f. A Phasing Plan shall be submitted with construction plans as part of the plan check process. The phasing plan shall clearly indicate the type of construction to be completed during each phase and shall include information. on parking and. landscaping installation. If phases require the. provision of offsite ,parking, information on the number and location of offsite parking shall be provided. In addition, a copy of the lease agreement for offsite parking shall be submitted prior to building permit issuance for each phase, g. A minimum five-foot landscape area shall be provided along Lakes Drive per West Covina Municipal Code section 26-577. h. A bus shelter or cover shall be provided on the property in the vicinity of the bus stop on Lakes Drive to provide shelter for patrons waiting for a bus. The. but" shelter shall be designed to compliment the architecture of the buildings at the site and shall be included in the construction plans submitted for plan check. i. Parking spaces that are at right angle (or nearly right. angle) corners shall be separated by at least two feet to ensure adequate access to each of the spaces, per the Planning Department. j. A Transit Restructuring Study shall be submitted detailing the bus route changes and bus stop changes. The Study shall be submitted to the satisfaction of the Planning Department prior to the issuance of any building permits. k. If bus stops are not relocated to reduce pedestrian movement across Vincent Avenue and Lakes Drive/Plaza Drive, a pedestrian bridge will be required to reduce impacts to the intersection. 1. Bus stops on Vincent Avenue or Lakes Drive serving the Park and Ride Structure shall not be relocated without the approval of the City of West Covina. In. A pedestrian access shall be included to allow access to the commercial property to the east of the subject property. n. Revise surface parking to provide landscape fingers on the end of the double -row of parking in the center of the surface parking area. o. The approved use shall not create a public nuisance as defined under Section 15- 200 of the West Covina Municipal Code. P. The approved use shall be in compliance with the Noise Ordinance (Chapter 15). q. This precise plan approval shall become null and void if building permit. is not obtained within one (1) year of the date of this approval. r. The applicant shall sign an affidavit accepting all conditions of this approval. ZACase Files\PP\2007\PP 07-07 Foothill Transit\CC2.2.10\PP Reso Apprvl.doc Resolution No. • Precise Plan -No. 07-07 &.Tree Removal Permit No 08-05 February 2, 2010 - Page 5 S. All new gutters and downspouts shall not project from the vertical surface of the building pursuant to Section 26-568 (a) (3). t. The existing.30-inch screen wall along the Lakes Drive frontage shall remain. If removed, a 36-inch screen wall shall be provided per Section.26-575. u. Any bollards proposed at the site shall be decorative bollards, per Planning Department approval. V. All new ground -mounted, wall -mounted and/or roof -mounted equipment not shown on the approved plans, shall be screened from all views, in a manner that is architecturally compatible with the main building. 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. W. 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. X. 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. Y. 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. Z. 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. aa. That prior to final building permit approval, a detailed landscape and irrigation plan be submitted for all planted areas to be affected by project. 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. bb. Significant .trees removed shall be replaced at a ratio of two 24-inch box trees for each significant tree removed. cc. Clinging vines shall be installed on all retaining or freestanding walls to assist in deterring graffiti. dd. Graffiti -resistant coatings shall be used on all walls, fences, sign structures, or similar structures to assist in deterring graffiti. ee. Any graffiti that appears on the property during construction shall be cleaned or removed. on the same business day. ff. . All existing trees shall be shown on the grading plan. The plan shall clearly indicate what trees are to be preserved and what trees are to be removed. gg. 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. ZACase Files\PP\2007\PP 07-07 Foothill Transit\CC2.2:10\PP Reso Apprvl.doc. Resolution No. Precise Plan No. 07-07 & Tree0oval Permit No 08-05 February 2, 2010 - Page 6 hh. 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: ii. In the event that the availability of parking is negatively impacted, the Planning Commission shall review the precise plan for the use and may, at its discretion, modify or impose new conditions or suspend or revoke the precise plan pursuant to Section 26-253 of West Covina Municipal Code. J. Any sidewalk; hardscape or parking facility, with potholes, broken, raised or depressed sections, large cracks, mud and/or dust, accumulation of loose material,. faded or illegible pavement striping or other deterioration shall be repaired. kk. Parking lots or other paved areas with a cracked, broken or otherwise deteriorating surface, in excess of ten (10) percent of the surface area shall be considered a nuisance and shall be repaired. 11. All new utilities shall be placed underground prior to issuance of Certificate of Occupancy. 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. mm. 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 case file. 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 file or any improvements'required for the case file. The indemnity shall be contained in a written document approved by the City Attorney. nn. The ATM canopy shall be a color consistent with the colors of the PNR facility. oo. Should significant safety or aesthetic issues arise due to maintenance or operation of the ATM, the City of West Covina may require that the ATM(s) be removed. pp. Comply with California Financial Code Section 13040, in relation to the illumination, construction and operation of ATM's. qq. In case that the automated teller machines cease to function or the use of the bank is abandoned, the ATM(s) structure and all equipment associated 'shall be removed within 30 days of the discontinuance of the use. In addition, the site shall be paved or improved to the approval of the Planning Department. A private lease for a facility located on private property is encouraged to include terms for equipment removal, since the property owner shall be ultimately responsible for removal of the structure, equipment, and restoration of the site. rr... That any proposed change to the approved site plan, floor plan or elevations be reviewed by the Planning, Building, Fire and - Police Departments and the Redevelopment Agency and that the written authorization of the Planning Director shall be obtained prior to implementation. ss. All approved materials and colors shall be clearly indicated on the plans. tt. The applicant shall meet any, and all monitoring or reporting requirements necessary to ensure compliance with the mitigation measures contained in the Negative. ZACase Files\PP\2007\PP 07-07 Foothill Transit\CC2.2.10\PP Reso Apprvl.doc Resolution No. + , Precise Plan No. 07-01 & Tree Removal Permit No 08-05 February 2, 2010 - Page 7 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. uu. Comply with the mitigation measures as outlined in the Initial Study/Environmental Assessment dated December 2008 as follows: 1. The project will implement the following requirements of SCAQMD _ Rule 403: • Apply nontoxic chemical , soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for 10 days or more). • Water active sites at least twice daily. (Locations where grading is to occur, will.be thoroughly watered prior to earthmoving.) • All trucks hauling dirt, sand, soil, or other loose materials are to be covered, or should maintain at least 2 feet of freeboard (vertical space between the top of the load and top of the trailer) in accordance with the requirements of California Vehicle Code (CVC) Section 23114. • Traffic speeds on all unpaved roads shall be reduced to 15 miles per hour (mph) or less. 2. The project will also implement the following additional dust suppression measures in the CEQA Handbook: • All excavating and grading operations shall be suspended when wind speeds (including instantaneous gusts) exceed .25 miles per hour (mph). • All streets shall be swept once a day if visible soil materials are carried to adjacent streets (recommend water sweepers with reclaimed water). • All on -site surfaces to be paved shall be paved as soon as feasible, watered. periodically, or chemically stabilized. • The area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times. 3. The Construction Contractor shall select. the construction equipment used on site based on low emission factors and high energy efficiency. The Construction Contractor shall ensure that construction grading plans include a. statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. 4. The Construction Contractor shall utilize electric or diesel -powered equipment in lieu of gasoline -powered engines where feasible. 5. The Construction Contractor shall time the construction activities so as to not interfere with peak -hour traffic and minimize obstruction of through traffic lanes adjacent to the site; if necessary, a flagger shall be retained to maintain safety adjacent to existing roadways. 6. The Construction Contractor shall support and encourage ridesharing and transit incentives for the construction crew. 7. Prior to issuance of any grading or building permit, the project plans and specifications shall be reviewed and approved by the City Planning Department for inclusion of a statement that construction equipment shall be shut off when not in use and not idle for more than 15 minutes. 8. Prior to issuance of any grading or building permit, the project plans and specifications shall be reviewed and approved by the City Planning Department, for inclusion a statement that queuing . of trucks on and off site ZACase Files\PP\2007\PP 07-07 Foothill Transit\CC2.2.10\PP Reso Apprvl.doc Resolution No. Precise Plan No. 07-07 & Tree9oval Permit No 08-05. February 2, 2010 - Page 8 shall be limited to periods when necessitated by grading or construction activities. 9. Prior to issuance of any certificate of occupancy, the applicant shall demonstrate that building lighting uses energy efficient light bulbs (compact fluorescent or equivalent efficiency) to the satisfaction of the City Planning Department. 10. A landscaping plan shall be prepared for the project and reviewed and approved by the City Planning Department as part of the Precise Plan review process. Any required trees required to be replaced and the replacement trees shall be indicated on the landscape plan. 11. If human remains are encountered, State Health and Safety Code . Section 7050.5 states that no further disturbance shall. occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be Native American, the County Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify, a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains. and items associated with Native American burials. 12. Prior to commencement of construction activities, a noise control plan shall be prepared by an acoustical engineer. The plan shall include: • . An inventory. of construction equipment used during daytime and nighttime • Estimate projected construction noise levels • Locations and types of measures that may be needed to meet specified noise limits • Periodic noise monitoring at strategic locations during construction • Alternatives to pile driving shall be considered • Changing of the timing or sequence of the noisiest operations (particularly pile driving), where feasible, to avoid sensitive times of the day including nighttime and/or off-peak construction hours, pending approval by the City • Whenever possible, use of noise control devices such as equipment mufflers, enclosures, and barriers, and stage construction operations away from businesses 13. The project shall comply with the City of West Covina's noise ordinance, as it relates to construction activities and noise abatement. The. plan shall be submitted to the City of West Covina Planning Department for review and approval as part of plan check requirements. . 14. As part of the site planning process with the City, Foothill Transit will coordinate with the City to design safety and security components for the parking structure. Other security methods may be considered, including increased security patrols, as deemed appropriate to the City Planning .Director and Police Chief. 15. Prior to occupancy of the parking structure, Foothill Transit will work with the City of West Covina to implement operational and design improvements to the South Vincent Avenue/Lakes Drive intersection. Acquisition of additional right-of-way (ROW) will be completed by Foothill Transit and deeded to the City for public street ROW use. Z:\Case Files\PP\2007\PP 07-07 Foothill Transit\CC2.2.I OTP Reso Apprvl.doc Resolution No: • Precise Plan No. 07-07 & Tree Removal Permit No 08-05 February 2, 2010 - Page 9 16. Prior to construction of the parking structure, Foothill Transit will work with Caltrans regarding the encroachment permit and proposed second dedicated access lane to the eastbound I-10 ramp. VV. Police Department 1. Provide security patrols through the parking structure, to the satisfaction of the Police Chief. Should safety issues arise; the Police Chief may require more frequent security patrols. 2. Provide video surveillance for each level of the parking structure to the satisfaction of the Police Chief. 3. Sufficient light levels should be provided to enhance safety and allow clearer images on surveillance video. Illumination levels shall be in compliance with the City's Parking Lot Design and Lighting Standards (Structured Parking/Ramps). ww. Fire Department 1. "Conditions of Approval" shall appear on the cover page of the architectural plans under the heading of "Fire Department Notes" and be followed by all required notes for further review. 2. This development shall conform to Title 19 and Title 24 of the California Code of Regulations, 2007 CBC, CEC, CMC, CPC, 2006 International Fire Code, the 2007 California Fire Code and the West Covina Municipal Code. 3. Fire lanes shall be determined by the Fire Department and painted or posted before construction final. Please delineate the proposed fire lanes on the plans. 4. Plans for fire department access roads shall be submitted for review and approval prior to construction. Access roads shall have an unobstructed width of not less than 25 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (WCMC and IFC, Section 503.2.1). All parts of the building's exterior wall shall be within 150 feet of an approved fire department access road. Please show all dimensions on the plans 5. Turn radii for fire department access shall be a minimum of 35' (on -center 12 feet). Approved provisions for the turning radius of fire apparatus shall also be provided when a dead-end access roadway (if applicable) is in excess of 150 feet in length (IFC, Section 503.2.4). 6. Plans and specifications for fire hydrant systems shall be submitted to the Fire Department for review and approval prior to construction. Fire hydrant location and spacing shall comply with IFC, Appendix C and fire flow requirements shall comply with IFC, Appendix B. Fire flow shall comply with the Fire Code requirements, but shall not be less than 1000 gpm for residential projects and 1500 gpm for commercial projects for. the duration of 2 hours. A current letter from the water company shall verify the required fire flow (IFC, Section 508.5). 7. New public and/or on -site fire hydrants may be required. Maximum spacing is 300 feet or 150 feet from the end of a cul-de-sac or dead-end. Show all fire hydrant locations, on a site map, within 300 feet of the project. 8. A water supply system shall be designed and installed, capable of providing the minimum fire flow as required by the Fire Code and verified by the water company. On -site fire hydrants shall be installed as required prior to the construction phase of the development. Plans for the on -site water system shall Z:\Case Files\PP\2007\PP 07-07 Foothill Transit\CC2.2.10\PP Reso Apprvl.doc Resolution No. Precise Plan No. 07-07 & Treelpoval Permit No 08-05 February 2, 2010 : Page 10 be submitted. to the Fire Department for review and approval prior. to construction beginning. 9. Provide this note on the plans:. Provide this note on the plans: Any structure in excess of 150 feet from a water supply required for fire protection, measured to the rear of the structure, must be provided with an additional on -site fire hydrant.. In accordance with IFC, Section 104.9, an approved automatic fire sprinkler system may be accepted as an alternate means of protection. or for an open parking structure, an approved standpipe system w/fire pump will be required. 10. An automatic fire sprinkler system shall be installed. in all new buildings exceeding five thousand (5,000) square feet in floor area (WCMC, Sec.10-27). 11. Sprinkler system plans for new and/or modified systems are permitted separately by the Fire Department and must be approved before work begins. Contact West Covina Fire Department at 626-338-8800 to inquire about plan submittal requirements. 12. Fire alarm/fire sprinkler monitoring system plans for new and/or modified systems are permitted separately by the Fire Department. and must be approved before work begins. Contact West Covina Fire Department at 626-338-8800 to inquire about plan submittal requirements. The following comments are a partial list of requirements for architectural plan submittal. At the time of actual plan submittal, additional comments may be identified. Additionally, at the time of actual architectural submittal, the plans shall comply with the new state and local code adoptions and any revised City Ordinances. 1. Submitted plans must identify the scope of the project, occupancy classification, construction type, total square, footage of the building and whether the building is equipped with an automatic fire sprinkler and/or fire alarm/monitoring system. 2. The Fire Department must be contacted a minimum of 3-5 days in advance to schedule inspections and/or testing. 3. Reproduce a copy of the 2000 UFC Article 87 on the plans. These are fire/life . safety regulations that the contractor must adhere to during construction. 4. Construction barriers to the project shall be provided with a minimum of two (2) exits/entrances for Fire Department response. 5. Provide portable fire extinguishers as required. Start the placement of fire extinguisher, near the exterior exit doors. Mount the fire extinguisher in a visible and accessible location, 3%' to 5' above the finish floor to the handle. Buildings with multiple floors must have at least one fire extinguisher per floor. Extra Hazard (auto repair, warehousing with HPS, flammable liquid usage) Occupancies require "4A60BC" fire extinguishers. :The maximum coverage area is 4,000 sq. ft. per extinguisher 6. The path of exit to and within a building is required to be identified by exit signs conforming to the requirements of the California Building Code. Exit signs are required to be readily visible from any direction of approach. Exit signs are required to be located as necessary to clearly indicate .the direction of egress travel (CBC, Section 1003.2.8). 7. All fire stopping systems shall be installed as detailed in the installation instruction of the listing (CBC, Sections 703, 709 & 710). ZACase Files\PP\2007\PP 07-07 Foothill Transit\CC2.2.10\PP Reso Apprvl.doc Resolution No. w Precise Plan No. 07-01 & Tree Removal Permit No 08-05 February 2, 2010 - Page 11 xx. Engineering Division 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. 3. The required street improvements shall include those portions of Vincent Avenue and.Lakes Drive contiguous to subject property. 4. All. existing concrete driveway approaches and wheelchair ramps shall be removed and reconstructed to meet current ADA requirements. 5. All damaged concrete curbs, gutters, sidewalk, etc., shall be removed and reconstruct per City standard. 6. The developer shall either deposit $62,000 prior to the issuance of building permits or .provide street rehabilitation work up to centerline of all street contiguous to subject property. 7. A variable, width required street dedication shall include that portion of Vincent Avenue 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. Nine -foot wide sidewalks (with trees in tree wells) shall be constructed along Vincent Avenue and Lakes Drive adjacent to property line 9. 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. Prior to (issuance of Building Permit) (approval of a final map); all of the following requirements shall be satisfied:' a) A final, grading and drainage plan showing existing and proposed elevations and drainage structures (and showing existing and proposed on - site and off -site improvements) shall be submittedto 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. c) An itemized cost estimate for all on -site and off -site improvements to be constructed (except buildings) shall be submitted to theEngineering 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. ZACase Files\PP\2007\PP 07-07 Foothill Transit\CC2.2.10\PP Reso Apprvl.doc Resolution No. • Precise Plan No. 07-07 & Tree *oval Permit No 08-05 February 2, 2010 - Page 12 12. Covenant to hold two or more parcels as one shall be recorded with the Los Angeles County Recorder. A copy of the recorded document shall be filed with the City Engineer. 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. yy. Building Division 1. All Conditions of Approval as approved by the City Council shall appear as notes on the plans submitted for building plan check and permits. 2. Building design shall comply with the 2007 California Building Code (CBC). 3. Separate application, plan check, and permit(s) is/are required for: a) Demolition work of any existing building on site b) Signs c) Fire sprinkler systems. Specify on plans "Plans will be submitted for a fire sprinkler system on a separate permit.". d) Plumbing e) Mechanical f) Electrical g) Re -striping and other site work for Bank Building parking lot. 4. Compliance with the State of California Accessibility regulations is required, including: a) Accessible path of travel to entrances from the public sidewalk. Clearly show connection to public sidewalk. b) All sidewalks and curb within any pedestrian path of travel shall be made accessible by use of curb ramps. c) The number of accessible stalls shall be sized per CBC § I I29B. d) Accessible parking shall be located at each main entrance and may be located on the first level only. Level with accessible parking shall be provided with 8'-2" vertical clearance to any obstruction. e) Provide Van Accessible parking stall design with 8' wide loading zones. f) Bank building and parking lot shall be provided with separate accessible parking complying with CBC § I I29B. g) Bus stops shall comply with CBC § 1121B for accessibility, design. h) ATM installation and design shall comply with CBC § 1117B.7 for accessibility design. i) Please clearly define accessible path of travel from ground floor to adjacent streets. Path shall not be shared with vehicular traffic unless specially defined with detectable warning per CBC §-11,33B.8.5. j) Pursuant to CBC § 1114.1.2 requiring that an accessible path of travel shall be provided all areas of any building required to be accessible, vehicle ramps shall be designed at slope no more than 5% or separate accessible ramps shall be designed. k) Relocate accessible stall on gridline A.6 and 17/18 to outside of vehicular traffic path. 5. West Covina Municipal Code requires fire sprinklers for the projects listed below except for open garages as defined by the 2007 California Building Code. WCMC § 7-18,11. a) On all new buildings exceeding five thousand (5,000) square feet in floor area. ZACase Files\PP\2007\PP 07-07 Foothill Transit\CC2.2.10\PP Reso Apprvl.doc Resolution No. 0 Precise Plan No. 07-07 & Tree Removal Permit No 08-6 February 2, 2010 -Page 13 6. Provide design for vehicle barriers meeting the requirements of CBC § 406.2.4. 7. Protected and unprotected openings along East and South side shall be design to comply with CBC § 704. Clearly show compliance to CBC § 704.8 and CBC § 406.3.3.1 at gridline "C" with I F-0" setback. Also, provide calculations for all glazed openings to meet both sections mentioned above. 8. Soil report is required. 9. Exit path at ground level shall be clearly defined. Design exit discharge per CBC § 1024. reconfigure stairs to. direct occupants to the immediate exterior of the building. 10. Provide design to meet accessible means of egress requirement of CBC § 1007. 11. Elevators shall be designed to comply with CBC § 1116B and Chapter 30. 12. It appears that a separate plumbing, mechanical and electrical plan check may be required. Complete plans shall be submitted for review. 13. Oil and grease separate is required and shall be designed per CPC Chapter 10. 14. All walls facing the public right of way shall be landscaped .with shrubs or vines so as to discourage graffiti. 15. All new on -site utility service lines shall be placed underground. WCMC 23- 273. ZZ. Public Works Comments 1. All Conditions of Approval as approved by the City Council shall appear as notes on the plans submitted for building plan check and permits. 2. Sanitation District Industrial waste approval or waiver is required. (310) 945-8200 3: Mechanical ventilation is required for the parking structure unless it is an open parking garage. 4. All block walls facing the public right of way shall be landscaped or planted with vines to discourage. graffiti. 5. Comply with City Parking standards. Dead end aisles not permitted. 6. Widen northbound Vincent from the existing bus turn out to Lakes Drive prior to the issuance of any building permits. 7. Widen northbound Vincent from the main existing driveway on Vincent to the freeway on -ramp.. Obtain a Cal Trans approval and permit prior to the issuance of any building permits. 8. Alignment of the new driveway on Lakes. to be directly across from the existing DW approach on the opposite side of the street is required. 9. 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. 10. All new or relocated on -site utility service lines shall be placed underground. Z:\Case Files\PP\2007\PP 07-07 Foothill Transit\CC2.2.I O\PP Reso Apprvl.doc Resolution No. • Precise Plan No. 07-07 & Treefloval Permit No 08-05 February 2, 2010 - Page 14 11. The developer is responsible for all necessary and . required bus stop improvements such as bus turns out, concrete bus pads, and bus shelters structures and accessories to be built according to the requirement of the Public Works Department. 6. The City Clerk shall certify as to the passage of this Resolution. PASSED AND APPROVED on this 2"d day of February, 2010. ATTEST: Mayor City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF WEST COVINA ) I, Laurie Carrico, City Clerk of the City of West Covina, 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 2od day of February, 2010. AYES: NOES: ABSENT: ABSTAIN: DATE: February 2, 2010 EXPIRATION DATE: February 2, 2011 if not used. APPROVED AS TO FORM: City Clerk City Attorney ZACase Files\PP\2007\PP 07-07 Foothill Transit\CC2.2.10\PP Reso Apprvl.doc A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .WEST COVINA, CALIFORNIA, OVERTURNING THE DECISION OF THE PLANNING COMMISSION AND APPROVING CONDITIONAL USE PERMIT. NO.08-05 CONDITIONAL USE PERMIT NO.08-05 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Roland Cordero (Foothill Transit) LOCATION: 100 S. Vincent 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 conditional use permit to: Operate two drive -through ATM's in conjunction with a bank on -site. Assessor's Parcel No. 8474-007-937 and 8474-007-938 in the records of the Los Angeles County Assessor; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 27th day of January, 2009, the 24th day of March, 2009, the 26t. day of May, 2009, the 14th day of July,.2009; and the 11 th day of August, 2009, conduct duly advertised public hearings as prescribed by law to consider said application; and WHEREAS, on August 11, 2009, the Planning Commission did adopt Resolution No. 06-5192 denying the application; and WHEREAS, on August 25, 2009, an appeal of the Planning Commission was filed by Doran Barnes (Foothill Transit); and WHEREAS,. the City Council did,. on the 151h day of September, 2009, 20th day of October, 2009, 15th day of December, 2009, 191h of January, 2010, and 2nd day of February, 2010, conduct duly advertised public hearings as prescribed by law, and considered evidence presented by the Planning Commission, Planning Department, and other interested parties; and WHEREAS, consistent with this request, a precise plan for the site design and architecture of parking structure and ATM structure has been submitted; and WHEREAS, consistent with this request a tree removal permit has been submitted for the removal of an existing significant tree due to its location in the front setback; and WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts: 1. The applicant is requesting a conditional use permit to allow for two drive -through service aisles for drive -through automatic teller machine (ATM) service. 2. The project consists of a request for a precise plan to allow for the construction of a five - and -a -half -level parking structure on the northerly portion of the lot at. 100 S. Vincent Avenue. The applicant is requesting .a deviation from the Parking Lot Design Standards to provide a turn -around on a dead-end driveway on the top level of the parking structure. 3. The applicant is requesting the removal of one Eucalyptus tree located within the 15-foot front setback along Lakes Drive. Z:\Case Files\CUP\2008\08-05 Drive Thru ATM 100 S Vincent\CC 2.2.1 Mesolution CUP.Apprvl.doc Resolution No. • Conditional Use Permit No. 00 February 2, 2010 - Page 2 4. 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 saiduse 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. 5. The initial study prepared for the project disclosed that the project will not have a significant impact on the environment. Mitigation measures have been incorporated into the project's design and as conditions of approval to reduce impacts on the environment to a less than significant level. A Negative Declaration of Environmental Impact has been prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of West Covina as follows: 1. 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 construction of drive -through lanes to replace the existing drive -through lanes is desirable at the proposed location because it will provide convenient services for residents and customers. The proposed drive -through lanes are offered in conjunction with a bank on the site in the office building. The bank customers are accustomed to having the convenience of drive through automated teller machines. Therefore, allowing for the relocation of the facility somewhere else within the site will ensure that the bank remains competitive in the array of services it offers its current and future customers that bank at the location. (Conditions have been placed on the operation of the facilities to ensure it will not be a detriment to the area.) The parking structure design, location, and proposed lighting and security features will not be detrimental to the health, safety, peace, or general welfare of customers, or persons working in the vicinity. b. The proposed project is compatible with surrounding commercial uses. The site is designed to accommodate efficient vehicular circulation on -site without creating impacts on adjacent properties or public right-of-ways. . C. The subject property is 2.92 acres. As designed, the project meets or exceeds all applicable development standards of the West Covina Municipal Code. Further, conditions have been placed on the project approval to mitigate potential impacts on surrounding properties. d. The. site abuts Vincent Avenue to the west, designated a "Principal Arterial" in the West Covina. General Plan. Vincent Avenue is designed to carry through traffic and provide access to commercial uses in the vicinity. Access to the subject property is via Vincent Avenue and Lakes Drive. The public and onsite circulation system Z:\Case Files\CUP\2008\08-05 Drive Thru ATM 100 S Vincent\CC 2.2.10\Resolution CUP.Apprvl.doc Resolution No. . • Conditional Use Permit No. 08-05 February 2, 2010 - Page 3 have been designed in accordance with established City standards. The Fire Department has reviewed the proposed project to ensure that the project complies with their emergency access requirements. e. The granting of the conditional use permit is consistent with the City's General Plan. The Economic Development. Element calls to "develop and expand the local economy in order to create new employment opportunities, attract new investment and strengthen the tax base of the City and to preserve and strengthen existing development in the City". The proposed project will result in retaining the existing services provided by the bank and therefore, strengthening the existing bank operation by improving the drive through automated teller machines. 2. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, Conditional Use Permit No. 08-05 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 conditional use permit 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 a certificate of occupancy is issued, and the violation of any of which shall be grounds for revocation of said conditional use permit by the Planning Commission or City Council. 3. The .conditional use permit shall not be effective for any purpose until the owner of the property involved (or his 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 conditional use permit as set forth below. Additionally, no permits shall be issued until the owner of the property involved (or a duly authorized representative) pays all costs associated with the processing of this application pursuant to City Council Resolution No. 8690. 4. The costs and expenses of any enforcement activities, including, but not limited to . attorney's 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: 5. That pursuant to all of the evidence presented, both oral and documentary and further based on the findings above, Conditional Use Permit No. 08-05 is approved subject to the following conditions: a. Comply with plans reviewed by the City Council on February 2, 2010.. b. Approval of this conditional use permit is contingent upon the approval of Precise Plan No. 07-07. C. Comply with all other requirements of the "Regional Commercial" (S-C) Zone. d. Should significant safety or aesthetic issues arise due to maintenance or operation of the walk-up or drive -through ATM's, the City of West Covina may require that the ATM(s) be removed. e. Comply with California Financial Code Section 13040, in relation to the illumination, construction and operation of ATM's. f. In case that the automated teller machines cease to function, the ATM(s) structure and all equipment associated shall be removed within. 30 days of the discontinuance of the use. In addition, the site shall be paved or improved to the approval of the Planning Department. A private lease for a facility located on private property is encouraged to include terms for equipment removal, since the property owner shall be ultimately responsible for removal of the structure, equipment, and restoration of the site. Z:\Case Files\CUP\2008\08-05.Drive Thru ATM 100 S Vincent\CC 2.2.10\Resolution CUP.Apprvl.doc Resolution No. Conditional Use Permit No. 00 February 2, 2010 - Page 4 g. In the event that significant safety or aesthetic issues arise due to maintenance or operation of the ATM(s), the Planning Commission may revise existing conditions or impose new conditions. h. 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. j. The conditional use permit may be revoked, amended and suspended by the Planning Commission under the provisions of Section 26-253 of the West Covina ,Municipal Code. k. Licenses and permits as required in Chapter 14. of the West Covina Municipal Code shall be obtained prior to the start of.the operation of the use. 1. The approved use shall not create a public nuisance as defined under Section 15- 200 of the West Covina Municipal Code. in. The approval of this conditional use permit shall be valid. for period of one year, if not used in accordance with the requirements as outlined in Section 26-253 of the West Covina Municipal Code. n. That any proposed change to the approved site plan, floor plans, or elevations be reviewed by the Planning, Public Works, Fire, and Police Departments, and by the Redevelopment Agency, and that written authorization of the Planning Director shall be obtained prior to implementation. o. 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. P. Comply with the mitigation measures as outlined in the Initial Study/Environmental Assessment dated December 2008 as follows: 1. The project will implement the following requirements of SCAQMD Rule 403 • Apply nontoxic chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for 10 days or more). • Water active sites at least twice daily. (Locations where grading is to occur will be thoroughly watered prior to earthmoving.) All. trucks hauling dirt, sand, soil, or other loose materials are to be covered, or should maintain at least 2 feet of freeboard (vertical space between the top of the load and top of the trailer) in accordance with the requirements of California Vehicle Code (CVC) Section 23114. • Traffic speeds on all unpaved roads shall be reduced to 15 miles per hour (mph) or less. 2. The project will also implement the following additional dust suppression measures in the CEQA Handbook: • All excavating and grading operations shall be suspended when wind speeds (including instantaneous gusts) exceed 25 miles per hour (mph). • All streets shall be swept once a day if visible soil materials are carried to adjacent streets (recommend water sweepers with reclaimed water). Z:\Case Files\CUP\2008\08-05 Drive Thru ATM 100 S Vincent\CC 2.2.10\Resolution CUP.Apprvl.doc Resolution No. . Conditional Use Permit No. 08-05 February 2; 2010 - Page 5 0 • All on -site surfaces to be paved shall be paved as soon as feasible, watered periodically, or chemically stabilized. • The area disturbed by clearing,. grading, earthmoving, or excavation operations shall be minimized at all times. 3. The Construction Contractor shall select the construction equipment used on site based on low emission factors and high energy efficiency. The Construction Contractor shall ensure that construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. 4. The Construction Contractor shall utilize electric or diesel=powered equipment in lieu of gasoline -powered engines where feasible. 5. The Construction Contractor shall time the construction activities so as to not interfere with peak -hour traffic. and minimize obstruction of through traffic lanes adjacent to the site; if necessary, a flagger shall be retained to maintain safety adjacent to existing roadways. 6. The Construction .Contractor shall support and encourage ridesharing and transit incentives for the construction crew. 7. Prior to issuance of any grading or building permit, the project plans and specifications shall be reviewed and approved by the City Planning Department for inclusion of a statement that construction equipment shall be shut off when not in use and not idle for more than 15 minutes. 8. Prior to issuance of any grading or building permit, the project plans and specifications shall be reviewed and approved by the City Planning Department, for inclusion a statement that queuing of trucks on and off site. shall be limited to periods when necessitated by grading or construction activities. 9. Prior to issuance of any certificate of occupancy, the applicant shall demonstrate that building lighting uses energy efficient light bulbs (compact fluorescent or equivalent efficiency) to the satisfaction of the City Planning Department. 10. A landscaping plan shall be prepared for the project and reviewed and approved by the City Planning Department. as part of the Precise Plan review process. Any required trees required to be replaced and the replacement trees shall be indicated on the landscape .plan. 11. If human remains are encountered, State Health and Safety Code Section 7050.5. states that no further. disturbance shall occur until the County Coroner has made a. determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined'to be Native American, the County Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. 12. Prior to commencement of construction activities, a noise control plan shall be prepared by an acoustical engineer. The plan shall include: • An inventory of construction equipment used during daytime and nighttime • Estimate projected construction noise levels Z:\Case Files\CUP\2008\08-05 Drive Thru ATM 100 S Vincent\CC 2.2.10\Resolution CUP.Apprvl.doc Resolution No. • Conditional Use Permit No. 084-0 February 2, 2010 Page 6 • Locations and types of measures that may be needed to meet specified noise limits • Periodic noise monitoring at strategic locations during construction • Alternatives to pile driving shall be considered • Changing of the timing or sequence of the noisiest operations (particularly pile driving), where feasible, to avoid sensitive times of the day including nighttime and/or off-peak construction hours, pending approval by the. City • Whenever' possible, use of noise control devices such as equipment mufflers,. enclosures, and barriers, and stage construction operations away from businesses 13. The project shall comply with the City of West Covina's noise ordinance, as it relates to construction activities and noise abatement. The plan shall be submitted to the City of West Covina Planning Department for review and approval as part of .plan check requirements. 14. As part of the site planning process with the City, Foothill Transit will coordinate with the City to design safety and security components for the parking structure. Other security methods may be considered, including increased security patrols, as deemed appropriate to the. City Planning Director and Police Chief. 15. Prior to occupancy of the parking structure, Foothill Transit will work with the City of West Covina to implement operational and design improvements to the South Vincent Avenue/Lakes Drive intersection. Acquisition of additional right-of-way (ROW) will be completed by Foothill Transit and deeded to the City for public street ROW use. 16. Prior to construction of the parking structure, Foothill Transit will work with Caltrans regarding the encroachment permit and proposed second dedicated access lane to the eastbound I-10 ramp. 6. The City Clerk shall certify as to the passage of this Resolution. Z:\Case Files\CUP\2008\08-05 Drive Thru ATM 100 S Vincent\CC 2.2.10\Resolution CUP.Apprvl.doc Resolution No. • • Conditional Use Permit No. 08-05 February 2, 2010 - Page 7 ATTEST: APPROVED on this 2"d day of February, 2010. Mayor City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF WEST COVINA ) .1, Laurie Carrico, City Clerk of the City of West Covina, 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 2rid day of February, 2010. AYES: NOES: ABSENT: - ABSTAIN: DATE: February2, 2010. EXPIRATION DATE: February 2, 2011 if not used. APPROVED AS TO FORM: City Clerk City Attorney Z:\Case Files\CUP\2008\08-05 Drive Thru ATM 100 S Vincent\CC 2.2.10\Resolution CUP.Apprvl.doc STATE CAPITOL P.O. BOX 942849 SACRAMENTO• CA 94249.0049 (916)319.2049 FAX (916) 319-2149 DISTRICT OFFICE 9420TELSTAR AVE., SUITE 103 EL MONTE, CA 91731 (626)450-6116 FAX (626) 450-6117 assemblymeinber.eng ®assembly.ca.gw mmassembly.ca.gov/eng January 13, 201.0 Honorable Shelley Sanderson Mayor, City of West Covina P.Q. Box 1440 West Covina, CA 91793 Dear Mayor Sanderson, Assnanhiv �cZ�furnt�y'�1�x�Itt�ulr>e ;f , ;•. r a; a - of ACHMENT-13 COMMITTEES' CHAIR, TRANSPORTATION BUSINESS AND PROFESSIONS EDUCATION HOUSING AND COMMUNITY DEVELOPMENT LABOR AND EMPLOYMENT SELECT COMMITTEES SELECT COMMITTEE ON INLAND EMPIRE TRANSPORTATION ISSUES SELECT COMMITTEE ON RAIL TRANSPORTATION It is my.understanding that the West Covina City Council will consider voting on a proposal by Foothill Transit to build a parking structure on their property located at 100 South Vincent Avenue at your meeting scheduled for Tuesday, January 19. This structure would be used as a park and ride for Foothill Transit customers. As Chair of the California State Assembly Transportation Committee, I support public transit as a key component to traffic reduction and improved air qualityin.our region. Park and rides are a critical piece of any program to get people out of their vehicles and on to public transit. Foothill Transit is utilizing $11.8 million dollars in Federal Section 5309 Discretionary funds for construction. These funds were obtained from four years of transportation appropriations bills and the most recent six year surface transportation authorization bill. The concerted efforts of Members of Congress and the House of Representatives have provided the necessary leadership and support for Foothill Transit to receive these federal discretionary dollars. I respectfully request that you and your colleagues on the Council approve this much needed project. Your support and assistance in making certain our region and your city will not lose this critical funding is very much appreciated. Please do not hesitate to contact my District Director Daisy Ma at 626 450 6116 with any questions you -may have regarding this.issue. Thank you for your consideration. Sincerely, MIKE ENG Assemblymem er, 49`I' Assembly District ME: ma Printed on Recycled Paper -*fAC H M EN. .14 STATE O8 BOX 94 449 v y �l CHAIR, PUBLIC EMPLOYEES, RETIREMENT SACRAMENTO, CA 94249-0057�� (91916) AND SOCIAL SECURITY BUDGET FAX (916) 319-2157 319-21 Cf1�1�C x L BUSINESS AND PROFESSIONS �' DISTRICT OFFICE HEALTH �i s�rP SUBCOMMITTEES 1520 W. CAMERON AVE. �; BUDGET SUBCOMMITTEE NO.1, HEALTH SUITE 165 :?� AND HUMAN SERVICES WEST COVINA, CA 91790 ���3" CAUCUSES FAX 626) 9604-5310 ED HERNANDEZ, O.D. DEMOCRATIC ASSEMBLYMEMBER, FIFTY-SEVENTH DISTRICT ENVIRONMENTAL Y LAT1N0 January 15, 2010 The Honorable Sherri Lane Councilmember City of West Covina P.O. Box 1440 West Covina, CA 91793 . Dear Councilmember-6am, . It is my understanding that the West Covina City Council will consider voting on a proposal by Foothill Transit to build a parking structure on their property located at 100 South Vincent Avenue at your meeting scheduled for Tuesday, January 19. This structure would be used as a park and ride for Foothill Transit customers. I want to express my support for this project and respectfully request your full and fair consideration of Foothill Transit's proposal. Public transit is a key component to traffic reduction and improved air quality in our region. That is why I authored Assembly Bill 2009 (signed into law last legislative session) to help lower costs for public transit operators like Foothill Transit and in turn keep rates low for their customers. Park and rides facilities like the proposed project are a critical piece of any program to get more people out of their vehicles and on to public transit. Foothill Transit is utilizing $11.8 million dollars in Federal Section 5309 Discretionary funds for construction of this project. These funds were obtained from four years of transportation appropriations bills and the most recent six year surface transportation authorization bill. Congress Member Judy Chu's predecessor Hilda Solis along with House Members Grace Napolitano, Adam Schiff, David Dreier and Gary Miller provided the necessarysupport for Foothill Transit to receive these federal discretionary dollars. Your support and assistance in making certain our region and your city will not lose this critical funding is very much appreciated. Please do not hesitate to contact my District Director Rob Charles at (626) 960-4457 with any questions you may have regarding this issue. Thank you for your consideration. Sincerely, ED HERNANDEZ,.O.D. California State Assemblymember 570 Assembly District . - Printed on Recycled Paper 0 C; NOTICE OF PUBLIC HEARING XCON CITY OF WEST COVINA CITY COUNCIL PURSUANT TO THE LAW AND IN CONFORMANCE WITH THE MUNICIPAL CODE YOU ARE HEREBY NOTIFIED OF A PUBLIC HEARING OF THE CITY OF WEST COVINA CITY COUNCIL. PRECISE PLAN NO.07-07 CONDITIONAL USE PERMIT NO.08-05 TREE REMOVAL PERMIT NO.08-05 NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Roland Cordero (Foothill Transit) LOCATION: 100 S. Vincent Avenue REQUEST: This is an appeal of the August 11, 2009 denial by the West Covina Planning Commission. The project consists of a request for a precise plan to construct a five - and -a -half -level parking structure with 654 parking spaces and 2,000-square foot of" retail space on the northerly portion of the property to replace the existing surface parking lot. The project further consists of a conditional use pen -nit to relocate a two- lane drive -through automatic teller machine and a tree removal permit to remove a tree in the front setback (Lakes Drive). The proposed parking structure would be used for tenants of the office building and for park -and -ride. Pursuant to the California Environmental Quality Act (CEQA) of 1970, a MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT has been prepared indicating that the project will not have a significant effect on the environment. A copy of the Negative Declaration of Environmental hnpact is on file in the Planning Department and Regional Library for examination. Members of the public are invited to make written statements regarding said report prior to the public hearing and to make verbal presentations at the public hearing. THE PUBLIC HEARING WILL BE HELD: PLACE: West Covina City Hall 1444 West Garvey Avenue South City Council Chambers - Level One DATE: December 15, 2009 TIME: 7:00 p.m. If you have any questions, we urge you to contact Jeff Anderson at (626) 939-8423 or Room 208, at City Hall. SubjectFropertp r, :r-- �I i Only through citizen participation can your government build a better City. Date Published: December 3, 2009 BY ORDER OF THE CITY COUNCIL OF THE CITY OF WEST COVINA Z:\Case Files\PP\2007\PP 07-07 Foothill Transit\CC12.15.09\City Council notice of hearing.doc AHEIAV-09-008-L uoipwjsu!,p wawawmp ap sues ®uyLS ®AayAV +!aeyeu dl cds!I!;III woi•Aaane Amr" 91pal el zel.lnsuo- . .!afad q selpe} saganbij� 12/15/09 Public Hearing - Athill Transit Precise Plan 07-07 CCUP 08-05 12 1/09 - Notices mailed/mg 1 8474-007-937 2 8474-007-937 3 8474-007-937 FOOTHILL TRANSIT WASHINGTON MUTUAL RICARDO A SUAREZ DDS INC & ASSOCIATES 100 S VINCENT AVE SUITE 200/201 100 S VINCENT AVE 100 S VINCENT AVE SUITE 404 WEST COVINA CA 91790 WEST COVINA CA 91790 WEST COVINA CA 91790 4 8474-007-937 s 8474-007-937 6 8474-011-028 WORLD FINANCIAL GROUP MONA LISA JEWELERS, INC BEST BUY 100 S VINCENT AVE SUITE 401 100 S VINCENT AVE SUITE 408 950 LAKES DR WEST COVINA CA 91790 WEST COVINA CA 91790 WEST COVINA CA 91790 7 8474-011-028 8 8474-011-028 9 8474-011-028 STARBUCKS COFFE BARNES AND NOBLE BOOK SELLERS DSW SHOE WAREHOUSE 970 LAKES DR 960 LAKES DR 940 LAKES DR WEST COVINA CA 91790 WEST COVINA CA 91790 WEST COVINA CA 91790 10 8474-007-938 118474-010-013 12 8474-010-015 FOOTHILL TRANSIT ELEPHANT BAR RESTAURANT GPL PROPERTY COMPANY LLC 100 S VINCENT AVE SUITE 2001201 200 S VINCENT AVE MAIL ADDRESS: W 6T" ST WEST COVINA CA 91790 WEST COVINA CA 91790 LOS ANGELES, CA 90020 13 8474-010-011 14 8474-010-010 I5 8474-007-034 PACIFIC WESTERN BANK WICKES CENTERMARK PROPERTIES OF WEST COVINA. INC 220 S VINCENT AVE 301 S GLENDORA AVE 112 FASHION PLAZA WEST COVINA CA 91790 WEST COVINA CA 91790 WEST COVINA CA 91790 16 07-034 17 8474-007-034 18 8474-007-034 APLEE BEE'S SPRINT 99c Q BARGAIN 300 S VINCENT AVE 310 S VINCENT AVE 312 S VINCENT AVE WEST COVINA CA 91790 WEST COVINA CA 91790 WEST COVINA CA 91790 19 8474-007-034 20 .8474-007-034 21 8474-007-034 WENDY'S NAIL.SPA SUBWAY GRAND BUFFET 314 S VINCENT AVE 316 S VINCENT AVE 318 S VINCENT AVE WEST COVINA CA 91790 WEST COVINA CA 91790 WEST COVINA CA 91790 22 8474-007-034 23 8474-007-034 24 8474-007-930 VERIZON PLUS SHOE CENTRAL REDEVELOPMENT AGENCY OF WEST COVINA CITY 326 S VINCENT AVE 326 S VINCENT AVE NO ADDRESS AVIALABLE WEST COVINA CA 91790 WEST COVINA CA 91790 25 8474-007-017 26 8474-007-033 27 8474-007-033 76 CONOCOPHILLIPS CENTERMARK PROPERTIES BANK OF AMERICA 105 S VINCENT AVE 112 FASHION PLAZA 150 S CALIFORNIA AVE WEST COVINA CA 91790 WEST COVINA CA 91790 WEST COVINA CA, 91790 28 8474-007-929 29 8474-007-032 30 8474-007-032 REDEVELOPMENT AGENCY OF WEST COVINA CITY CENTERMARK PROPERTIES OF WEST COVINA, INC. BAJA FRESH 1444 WEST GARVEY AVENUE 112 FASHION PLAZA 120 A S CALIFORNIA ST WEST COVINA, CA 91790 WEST COVINA CA 91790 WEST COVINA, CA 91790 T l�aanjeaj 190d Ase3 ao} waded paajp @09LS 31V1dW31 a o /Gant/ as0 1—nQLGnA14=AW1\�Y//1 ! I • Easy Peel Labels i ® See Instruction Sheet ^ l Use Avery@ TEMPLATE 51600 ® b1. Paper for Easy Peel Featured �A' U���l(�5160@ 68474-011-028 31 8474-007-032 32 8474-011-040 WEST COVINA GROUP RETAIL LLC JAMBA JUICE PRIED XIV TRUST-EDWARDS TETARES INC MAIL ADDRESS: 120 B S CALIFORNIA ST 265 S GLENDORA AVE 60 S MARKET ST STE 1120 WEST COVINA, CA 91790 WEST COVINA CA 91790 SAN JOSE, CA 95113 14 8474-010-010 GVD COMMERCIAL PROPERTIES INC MAIL ADDRESS: 1915 E KATELLA AVE, #A ORANGE, CA 92867 15 8474-007-034 CENTERMARK PROPERTIES OF WEST COVINA, INC MAIL ADDRESS: PO BOX 4900 DEPT 357 SCOTTSDALE, AZ 85261 328474-011-040 PRIED,XIV TRUST MAIL ADDRESS: 7132 MIKE CAMPBELL DR KNOXVILLE, TN 37918 11 8474-010-013 GRINSTEIN,ELYSE S CO MAIL ADDRESS: 275 N BREA BLVD BREA. CA 92821 25 8474-007-017 KAYO OIL COMPANY MAIL ADDRESS: PO BOX 1539 PASO ROBLES. CA 92447 hiquettes faciles h peler A Consultez la feuille www.avery.com