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Resolution - 8246RESOLUTION NO. 8246 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION BY APPROVING PRECISE PLAN NO. 767, REVISION NO. 1 (Hassen Imports Partnership) • WHEREAS, there were filed with the City of West Covina, verified applications on forms prescribed in Chapter 26, Article VI, of the West Covina Municipal Code, requesting • approval of a precise plan relating to the construction of an automobile dealership on that certain property generally described as follows: Lots 230, 231, 232, 233, 234, and 235 of Tract No. 18811 as per map recorded in Book 483, Pages 11 to 14 inclusive of Maps and Parcel 1 of Parcel Map No. 14380 as per map recorded in Book 142, Pages 26 and 27 of Miscellaneous Records, both recorded in the Office of the County Recorder, County of Los Angeles, State of California. WHEREAS, the Planning Commission upon giving the required notice, did on July 20, 1988 conduct a duly advertised public hearing as prescribed by law to consider said application, at which time said application was approved; and WHEREAS, Precise Plan No. 767, Revision 1 was called up by the City Council at a duly noticed public hearing on September 15, 1988, at which time the City Council heard Zone Change No. 616 and General Plan Amendment II-88-6 . Final approval of Precise Plan No. 767, Revision 1 is contingent upon the approval of Zone Change No. 616 and General Plan Amendment II-88-6 by the City Council, and WHEREAS, studies and investigations made by the City Council and in its behalf reveal the following facts: 1. The applicant is requesting approval of a Precise Plan for the extension of an existing automobile dealership by adding 1.06 acres of property to be used for employee parking and new car storage. 2. The subject Precise Plan was filed in conjunction with and is contingent upon approvals of General Plan Amendment No. II-88-6, Zone Change No. 616 and Tentative Parcel Map No. 19837. 3. The project meets or exceeds all minimum requirements of the Service -Commercial (S-C) Zone. 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 to 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. • Page 2 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 in that it conforms to or exceeds established standards. • C. That a 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 facilities and is found to facilitate the orderly development of the precise plan area. 5. Based upon the findings of an initial study, an Environmental Impact Report has been prepared for the proposed project pursuant to the requirements of the California Environmental Quality Act of 1970, as amended. Said Environmental Impact Report was previously certified by the City Council. 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 meets the minimum requirements established by the Zoning Ordinance. Landscaping, parking and site coverage exceed the requirements. The project has been designed, in a manner that minimizes the conflicts between commercial and residential uses. The applicant is providing a heavily landscaped area to the rear portion of the property which is adjacent to Norma Avenue. This area will provide an aesthetically pleasing transition from the residential area to the commercial uses. b. The project will not depreciate property values or interfere with the enjoyment of other properties in the vicinity. The project has sucessfully blended into the residential area to the South, while providing this area with a buffer between commercial and residential uses. The project will not interfere with the use or enjoyment of property in the vicinity or endanger the public peace, health, safety or general welfare in that it conforms to or exceeds established standards. • 0 Page 3 • • • • :7 2. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above the Precise Plan of Design No. 767, Rev. 1, 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 precise 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 a 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 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 Precise Plan as set forth below. 4. That the approval of the Precise Plan is subject to the following conditions: a. Comply with Tentative Parcel Map No. 19837 dated July 20, 1988, as amended by the City Council. b. Comply with all applicable standards of the West Covina Municipal Code, particularly Chapter 26, Article X. C. Comply with all the requirements of the CBD Redevelopment Plan. d. Comply with the mitigation measures that are recommended in the Environmental Impact Report as outlined below: i. A block wall of at least six feet in height, constructed of decorative masonry block, shall be constructed in the required land- scaped setback area along Norma Avenue. Said wall shall visually complement the existing block wall along Norma Avenue across Juniper Street. ii. A landscaped setback area a minimum of 15 feet in width from the back of curb shall be provided along the Norma Avenue frontage. This landscaped area shall be a minimum of six feet in width between property line and wall. Page 4 iii. The project shall conform to the specific • plan and structural requirements as approved by the Planning Commission and labeled Study Plan A. • iv. Spotlighting of building walls and land- scaped areas shall be prohibited. All on - site lighting, including pole mounted, shall conform to the requirements of the Municipal . Code. V. Prior to the issuance of a grading permit, the applicants shall submit a security plan which addresses security fencing, lighting and planting. Barbed wire is prohibited. Decorative wrought iron may be used in addition to the six foot masonry block fence for security purposes, subject to the approval of the Planning Director. vi. Landscape and irrigation plans shall be submitted to the Planning Department encompassing the entire site. vii. The applicant shall comply with the City grading ordinance, including required dust control measures. viii. The applicant shall wet all unpaved demolition and construction areas a minimum of twice a day during excavation and grading, and shall comply with SCAQMD District Rule 403. ix. All equipment shall be maintained in a manner as to minimize exhaust emissions. All vehicles shall be shut down when not in use, or when queing for loading/unloading. X. Construction activities shall be scheduled to avoid peak emission period, and shall be curtailed or discontinued during first and second stage smog alerts. xi. The project contractor shall muffle and shield intakes and exhausts, shroud or shield impact tools, and use electric -powered rather than diesel -powered equipment where feasible. xii. Hours of construction shall be limited to • between 8:00 a.m. and 6:00 p.m. xiii. The applicant shall provide public transportation information to project occupants and employees. xiv. All truck operations occurring on Winston Avenue, Norma Avenue, or Stuart Avenue, • shall be limited to the period between 9:00 a.m, and 3:00 p.m. Page 5 xv. The applicant shall provide landscaping in paved vehicle parking areas and auto display areas, around showroom buildings and along the Norma Avenue boundary. • xvi. Follow applicable State Water Quality Control Board recommendations regarding irrigation of landscaping to minimize runoff of water into the storm drainage system and to minimize use of water for irrigation. e. Prior to the issuance of any permits for the work • approved by Precise Plan No. 767, Rev. 1, landscape and irrigation plans for the entire site shall be submitted and approved by the Planning Department. f. All mechanical equipment located on the site shall be shown on the landscape plan and shall be screened to satisfaction of the Planning Director. g. Relocate the existing fence located adjacent to the northeast corner of the service building to the south side of the service building. h. In lieu of street trees, the applicant shall plant six 24-inch box trees on site, adjacent to the public right of way. Said trees shall be spaced approximately 35 feet on center. i. The trash enclosure adjacent to the southwest corner of the service building shall be completed and maintained in good repair at all times. j. The designated customer parking area shall be for customer use only. The storage or display of auto- mobiles, or employee parking in the designated customer parking area is prohibited. k. Except where expressly altered by this approval, the project shall be subject to all conditions of approval of the original Precise Plan No. 767, Rev. 1, approved by the Planning Commission on June 1, 1984. (Exhibit 1) 1. Engineering Department Requirements i. Comply with all conditions contained in Planning Resolution No. 567. ii. The required street improvements shall in- clude those portions of Norma Avenue, L repair and replace driveway approaches) contiguous to subject property. • iii. The required street dedication shall include that portion of Garvey Avenue contiguous to subject property. Page 6 V. The access rights from Norma Avenue shall be dedicated to the City. V. Side walks five feet wide shall be • constructed along Garvey Avenue adjacent to curb. vi. Adequate provision shall be made for accept- . ence and disposal of surface drainage enter- ing the property from adjacent areas. • vii. Parking lot and driveway improvements on private property shall comply with Planning Commission Resolution No. 2513 and be con- structed to the City of West Covina Standards. viii. Water service facilities shall be constructed to at least meet the require- ments for fire flow established by the City's Fire Department and the requirements of the subsequent water purveyor/owner of the facilities. ix. Prior to issuance of any permit and/or 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 submitted to and approved by the Planning, Building and Engineering Departments. 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 and Planning Director. C. An itemized cost estimate for all on -site and off -site improvements to be constructed, except buildings, shall be submitted to the Engineering Department for approval. Based upon the approved cost estimates, required fees shall be paid and improvement securities for all • on -site and off -site imrovements, except buildings, and 100% labor/material securities for all off -site improvements, shall be posted prior to final approval of the plans. • Page 7 X. In response to the mitigation measure in the Environmental Impact Report concerning hydrology, the developer shall pay a fair • share of the cost of designing and constructing at least a 30 inch storm drain with inlets, in addition to the existing drain, to drain the intersection of Hillward Street and Walnut Creek Parkway into the Walnut Creek Channel. The fair share shall • be based upon the drainage from the entire Precise Plan site which flows to Hillward Street and Walnut Creek Parkway in proportion to the total drainage flowing into this intersection. The fair share shall be paid prior to issuing any permits. M. Fire Department Requirements No requirements. n. Building Department Requirements No requirements. o. Police Department Requirements No requirements. p. Planning Commission Requirements i. That adjacent property owners have the option to request that the wallimmediately adjacent to their property be increased to a maximum of eight (8) feet overall, to insure privacy. q. City Council requirements: a. The applicant shall enter into an agreement with the City for the maintenance of the required landscaping on Norma and Winston Avenues outside the decorative masonry wall. As part of the maintenance agreement, the applicant shall annually deposit with the City in advance, an amount equal to the estimated cost of landscape maintenance for the coming twelve-month period as estimated by the City. The applicant, shall pay the actual cost of landscaping maintenance as invoiced by the City. Any deposit amount in excess of actual cost shall be refunded to the applicant. Any amount due the City in excess of the annual deposit shall be paid to the City within thirty (30) days of invoice. • b. The applicant shall grant a permit to the City to enter upon their property along Norma and Winston Avenues as necessary to perform maintenance of the facilities as encompassed by the above mentioned agreement. 0 Page 8 • C. The block wall along Norma and Winston Avenues shall be of decorative masonry block, six (6) feet in height, measured from the highest adjacent grade. It may be topped with wrought iron, if necessary for security purposes. The block wall shall be covered with vines. . d. A landscaped setback area of twenty (20) feet in width from the backs of the curb shall be provided along Norma and • Winston Avenues. e. In addition to the existing right-of-way, there shall be a ten (10) foot wide easement for sidewalk purposes dedicated to the City along Norma Avenue and/or Winston Avenue adjacent to this development/subdivision. f. A four (4) foot wide meandering sidewalk shall be constructed along Norma Avenue and/or Winston Avenue adjacent to this development/subdivision, which ties into the existing sidewalk. g. Landscape and irrigation shall be designed and installed to City standards. There shall be a ninety (90) day plant establishment period following satisfactory completion of the landscape and irrigation and prior to the beginning of routine maintenance. h. The applicant shall enter into an agreement with the City for maintenance of the landscaping per previous condition. • • Page 9 5. The City Clerk shall certify to the adoption of this Resolution. • ADOPTED AND APPROVED this 10th day of October, 1988. . Mayor ATTEST: City Clerk I, hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the loth day of October , 1988. AYES: Councilmember: Lewis, Bacon, Manners NOES: Councilmember: Tarozzi, McFadden ABSENT: Councilmember: None City Clem APPROVED AS TO FORM: a tie o�- Wq nL�, ity Attorney 0 0