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Resolution - 2021-104RESOLUTION NO.2021-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PRECISE PLAN NO. 20-08 AND TREE REMOVAL PERMIT NO. 21-12 AT 1211 E. BADILLO STREET WHEREAS there was filed with the City, a verified application on the forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code, requesting approval of a precise plan and tree removal permit: Repurpose an existing 177,440 square foot building and parking lot on a 21.22-acre site for use as an Amazon Delivery Station and to remove significant trees on -site; and WHEREAS, a Mitigated Negative Declaration was prepared for the proposed project pursuant to the requirements of the CEQA in support of the finding that there will not be a significant effect on the environment as a result of this project and based on the environmental analyses, with compliance with applicable regulatory requirements and/or the implementation of mitigation measures, the project would have less than significant impacts on humans, as it relates to the following environmental issue areas: aesthetics, agriculture and forestry resources, air quality, energy, GHG emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, tribal resources, utilities and service systems, and wildfire. The proposed project's impacts on the following issue areas would require the implementation of mitigation measures: biological resources, cultural resources, geology/soils, and transportation. All impacts would be avoided or reduced to less than significant levels after mitigation. Therefore, the proposed project would not result in environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly, with the implementation of mitigation measures. All impacts would be less than significant after mitigation; and WHEREAS, the Planning Commission upon giving the required notice did on September 28, 2021 and October 4, 2021, conduct a duly advertised public hearing as prescribed by law to consider said application and recommended that the City Council approve the Precise Plan and Tree Removal Permit; and WHEREAS, the City Council upon giving the required notice, did on October 19, 2021, conduct a duly noticed public hearing to consider the precise plan and tree removal permit applications; and WHEREAS, studies and investigations made by the City Council and on its behalf reveal the following facts: The applicant is requesting approval of a precise plan, general plan amendment, zone change, parcel map, tree removal permit and development agreement to repurpose an existing 177,440 square foot building and parking lot on a 21.22 acre site for use as an Amazon Delivery Station. The project includes a general plan amendment to change the land use designation from Civic: Public Institution to Industrial, a zone change to change the land use designation from SP-11: Faith Community Church to Manufacturing (M-1), a parcel map to combine two existing lots, a tree removal permit to remove significant trees on -site, and a Development Agreement. 2. Appropriate findings for approval of a precise plan of design are as follows: a. The proposed development plans and the uses proposed are consistent with the General Plan and any applicable specific plan. b. The proposed development is consistent with adopted development standards for the zone and complies with all other applicable provision of the Municipal Code. c. Granting the permit would not be detrimental to the public interest, health, safety, and welfare and would not unreasonably interfere with the use or enjoyment of property in the vicinity of the subject property. d. The site is physically suitable for the type, density and intensity of the development being proposed, including vehicle access and circulation, utilities, and the absence of physical constraints. e. The architecture, site layout, location, shape, bulk and physical characteristics of the proposed development are compatible with the existing and future land uses, and do not interfere with orderly development in the vicinity. 3. Based on the analysis and substantial evidence presented in the Mitigated Negative Declaration, the City has determined there are no significant environmental impacts resulting from the proposed project.; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. On the basis of the evidence presented, both oral and documentary, the City Council makes the following findings: a. The proposed development plans and the uses proposed are consistent with the General Plan and any applicable specific plan. The City's General Plan Land Use Element designates the subject property for Civic: Public Institution. The proposed land use designation is Industrial. The development of an Amazon Delivery Station will provide job opportunities for residents and increase business to surrounding businesses. In addition, the property is currently owned by Faith Church which as a nonprofit entity is exempt from paying property tax. An Industrial land use designation will allow the property to be sold for use as an Amazon Delivery Station and the City receive additional property taxes. In addition, the potential loss in sales tax revenues from Amazon will be addressed by the Development Agreement. The project is consistent with the following General Plan policies: • Our Prosperous Community P2.1 Maintain and enhance the City's current tax base • Our Prosperous Community P2.8 Build economic development capacity b. The proposed development is consistent with adopted development standards for the zone and complies with all other applicable provisions of the Municipal Code. The project includes a request for a Zone Change (No. 20-3) from SP-11 — Faith Community Church to Manufacturing (M-1). The proposed project will revitalize and modernize an existing 177,440 square foot building and make improvements to an existing parking lot that surrounds the building on three sides. New light standards with house shields to prevent lighting spill over to adjacent properties including the residential units to the east are proposed. In addition, new water efficient landscaping is proposed. As proposed and conditioned, the project will comply with all development standards within the Manufacturing zone including landscape setbacks from adjacent residential uses, lighting, building height, setbacks, and parking. C. Granting the permit would not be detrimental to the public interest, health, safety, and welfare and would not unreasonably interfere with the use or enjoyment of property in the vicinity of the subject property. The proposed project will repurpose an existing building and parking lot for use as an Amazon Delivery Station. The existing 177,440 square foot building is located in the center of a 21.22 acre site. Residential uses are located north, south, and east of the site. The residential uses located north and south of the site are separated from the property by Badillo Street or San Bernardino Road which are 4-lane streets which will help minimize noise from the facility. In addition, the project includes the construction of two 12 foot high walls around the loading dock area located on the west side of the property to minimize sound to the surrounding properties. The residential units located to the east of the site directly abuts one of the parking lots for the facility. This parking lot will be utilized for delivery van storage as well as a staging area where the vans stage before moving inside the building to load. A 6 foot wide landscape planter will be maintained along the east property line and new screen trees will be added to fill in any gaps in the existing landscape screen on the adjacent property. The Mitigated Negative Declaration prepared for the project studied both traffic noise and on -site operational noise sources such as back-up alarms and determined no significant environmental impact would occur. The project as designed and conditioned will be compatible with the uses within the vicinity and would not be detrimental to the public interest, health, safety, and general welfare and would not unreasonably interfere with the use and enjoyment of property. d. The site is physically suitable for the type, density and intensity of the development being proposed, including vehicle access and circulation, utilities, and the absence of physical constraints. The proposed project will upgrade and modernize an existing building and make improvements to the existing parking lot. The site is accessed from Badillo Street and San Bernardino Road. There are four existing driveways on Badillo Street. The two westernmost driveways on Badillo Street have full access with left turn lanes carved from the landscape median. The other two are restricted to right turns. All three driveways on San Bernardino Road currently have full access, but none feature a left turn lane from San Bernardino Road. The easternmost of these driveways would be restricted to right turns and the middle driveway on West San Bernardino Road would be relocated to the west to operate as an exclusive exit only for delivery vans. The westerly most driveway, on San Bernardino Road, is to be relocated to align with Cutter Way and a new left turn pocket and a traffic light would be installed on San Bernardino Road. This will allow line -haul trucks approaching from the east to move out of traffic lanes before making a left turn into the delivery station. The existing vehicle access points and proposed new traffic light makes the site physically suitable for a parcel delivery station. The project is an infill development and is located within an urbanized area where utility connections are readily available. e. The architecture, site layout, location, shape, bulk and physical characteristics of the proposed development are compatible with the existing and future land uses, and do not interfere mith orderly development in the vicinity. The proposed project will revitalize and modernize an existing building and make improvements to an existing parking lot. All aspects of the site development are compatible with the existing and future land uses and do not interfere with orderly development in the vicinity. All site improvements and the proposed landscaping and will enhance the overall appearance of the site. SECTION 2. Pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, Precise Plan No. 20-08 and Tree Removal Permit No. 21-12 are 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, at the developer's choice, shall be secured by bank or cash deposit or surety bond, satisfactory to the Planning Director, before the use or occupancy of the property is commenced and before the Certificate of Occupancy is issued. SECTION 3. The precise plan shall not be effective for any purpose until the applicant (or a duly authorized representative) has filed at the office of the Planning Director, his/her/its affidavit stating he/she/it is aware of, and accepts, all conditions of this precise plan as set forth below. Additionally, no permits shall be issued until the applicant (or a duly authorized representative) pays all costs associated with the processing of this application pursuant to City Council Resolution No. 8690. SECTION 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. SECTION 5. The City Council approves the precise plan subject to the following conditions: PLANNING DIVISION a. The project shall comply with plans reviewed by the City Council on October 19, 2021 b. These conditions of approval shall be printed on or attached to the working drawings submitted to the Building Division for approval. C. The project shall comply with all applicable standards of the West Covina Municipal Code. d. The approved use shall not create a public nuisance as defined under Section 15- 200 of the West Covina Municipal Code. e. The approved use shall be in compliance with the Noise Ordinance (Chapter 15). f. This approval shall become null and void if the building permit is not obtained within two (2) years of the date of this approval. g. The applicant shall sign an affidavit accepting all conditions of this approval. h. That any proposed change to the approved plans be reviewed by the Planning Division, Engineering Division, Building Division, and Fire and Police Departments and that the written authorization of the Community Development Director shall be obtained prior to implementation. Graffiti -resistant coatings shall be used on all walls, fences, sign structures or similar structures to assist in deterring graffiti. j. Any graffiti that appears on the property during construction shall be cleaned or removed on the same business day. k. All outstanding fees will be due at the time of building permit issuance. 1. 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. in. All approved materials and colors shall be clearly indicated on the plans. n. All new ground -mounted, wall -mounted and/or roof -mounted equipment 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 Community Development Director for review and approval prior to the issuance of building permits. o. The location of new electrical transformers, vaults, antennas, mechanical and all other equipment not indicated on the approved plans must be approved by the Community Development Director prior to the issuance of building permit. Provide construction details prior to issuance of a building permit. P. An outdoor lighting plan showing electrolier types and locations, average illumination levels, points of minimum illumination and photometric data in conformance with Planning Commission Resolution No. 2513 and as requested shall be submitted to and approved by the Planning Division and the City Engineer. q. All parking areas shall comply with requirements of the Parking Lot Design and Lighting standards. r. The paved areas at the site shall be maintained clean and free of oil stains. All paved areas shall be pressure washed as needed to maintain the site in a clean and orderly manner. S. That prior to final building permit approval, a detailed landscape and irrigation plan in compliance with AB 1881 and executive order 13-29-15 shall 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 t. Comply with all requirements of the "Art in Public Places" ordinance (WCMC Chapter 17), prior to the issuance of building permits. Artwork shall be installed or required fee paid prior to issuance of Certificate of Occupancy. U. All trees shall be indicated on the grading plan, including trees on, or near the property line on adjacent properties. The trees shall be marked as to whether they will be preserved or removed. Trees that are preserved should not be topped but should be pruned to preserve their natural form. V. 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. W. Prior to requesting a final inspection, the Planning Division shall inspect the development. X. All new utilities shall be placed underground prior to issuance of Certificate of Occupancy per WCMC 23-273. Y. The applicant shall execute an indemnity agreement, in a form provided by the City and approved by the City Attorney, indemnifying the City against any and all actions brought against the City in connection with the approvals set forth herein. Z. All approved materials and colors shall be clearly indicated on the plans. aa. The Zoning Code gives provisions for up to two one-year extensions to keep entitlements active. Therefore, prior to final approval, (if building permits have not been obtained) you are urged to file a letter with the department requesting a one- year extension of time. The required submittal is a letter stating the reasons why an extension is needed, as well as an applicable processing fee. Please be advised that the applicant will not be notified by the Planning Division about the pending expiration of the subject entitlement. bb. Comply with all applicable mitigation measures listed in the Amazon Delivery Station DAX9 Project Mitigation Monitoring and Reporting Program Initial study and Mitigated Negative declaration. CC. Rooftop mechanical equipment shall be screened in such a way to visually integrate with the building utilizing architectural screening or raised parapets. dd. 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 per the standard Engineering Division plans. If the trash enclosure is visible form the public right-of-way, an architectural cover shall be required. An architectural cover is required and the approval of construction details by the Building Division is required prior to construction. ee. The project shall pay Development Impact Fees of $1.54 per square foot (or current fee) prior to Building permit issuance. ENGINEERING DIVISION gg. The second sheet of building plans, grading plans and/or offsite improvement plans is to list all conditions of approval and to include a copy of the Planning Commission Decision letter. This information shall be incorporated into the plans prior to the first submittal for plan check. hh. The building shall be addressed and an application to assign address shall be filed with Engineering Division prior to plan check submittal. ii. Remove and replace broken and off -grade sidewalk per SPPWC standard plan 113-2, and as directed by the City Engineer or his/her designee. jj. Remove and replace broken and off -grade curb and gutter per SPPWC Standard Plan 120-2, and as directed by the City Engineer or his/her designee. kk. The approved building address(es) shall be painted on the curb to the City's standards as required by the Public Works Inspector before final inspection. 11. Relocate water meter from the sidewalk as directed by the City Engineer or his/her designee mm. If required, install new street lights to match existing street light standards in the street block per County design standards and as directed by the City Engineer or his/her designee. no. Rehabilitate existing AC street pavement along the length of the property frontage to the centerline of the sheet as indicated below, and as directed by the City Engineer or his/her designee: • Install crack seal and Type II slurry on existing AC pavement on Badillo Street, or • Grind existing pavement to a depth of 4" and overlay new AC on San Bernardino Road, or • Pay an in -lieu fee equal to the estimated cost of street rehabilitation based on Los Angeles County Land Development Division Bond Calculation Sheets prior to the issuance of building permits. oo. Should the proposed work generate a cut into any public right of way infrastructure (street, sidewalk, driveway, curb & gutter, etc.): i. street paving shall be along the length of the property frontage to the centerline of the street as directed by the City Engineer or his/her designee. ii. sidewalk reconstruction shall be in accordance with SPPWC Standard Plan 113-2, and as directed by the City Engineer and/or his/her designee. iii. driveway apron reconstruction shall be in accordance with SPPWC Standard Plan 110-2, and as directed by the City Engineer or his/her designee. iv. curb and gutter reconstruction shall be in accordance with SPPWC Standard Plan 111-5 and as directed by the City Engineer or his/her designee. pp. Underground all utility services to the property. qq. Conduct a sewer capacity study of existing sewer facilities that serve the proposed development. The developer shall either pay in -lieu fees equal to the estimated cost (based on Los Angeles County Land Development Division Bond Calculation Sheets) of the proposed development's percentage of design capacity of the existing sewer system prior to the issuance of building permits or provide sewer improvements to deficient sewer segments serving the subject property to the satisfaction of the City Engineer. rr. A geotechnical and soils investigation report is required including infiltration rate at stormwater BMP locations and pavement structural section recommendations, the duties of the soils engineer of record, as indicated on the first sheet of the approved plans, shall include the following: a) Observation of cleared areas and benches prepared to receive fill; b) Observation of the removal of all unsuitable soils and other materials; c) The approval of soils to be used as fill material; d) Inspection of compaction and placement of fill; e) The testing of compacted fills; and i) The inspection of review of drainage devices. ss. The owner shall retain the soils engineer preparing the Preliminary Soils and/or Geotechnical Investigation accepted by the City for observation of all grading, site preparation, and compaction testing. Observation and testing shall not be performed by another soils and/or geotechnical engineer unless the subsequent soils and/or geotechnical engineer submits and has accepted by the Public Works Department, a new Preliminary Soils and/or Geotechnical Investigation. tt. A grading and drainage plan shall be approved prior to issuance of the building permit. The grading and drainage plan shall indicate how all storm drainage including contributory drainage from adjacent lots is carried to the public way or drainage structure approved to receive storm water. uu. Stormwater Planning Program LID Plan Checklist ( Form PC) completed by Engineer of Record shall be copied on the first sheet of Grading Plans. The form can be found at the following link httns•//www.westcovina.orwhome/showdocument?id=l 8427 VV. 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. ww. LID review shall be completed prior submitting grading plans for plan review. Grading plans shall be submitted including the proof of approval of LID or exemption of LID. xx. Prepare a hydrology/hydraulic study of existing and proposed development per the Los Angeles County Hydrology Manual. yy. Project shall be reviewed and approved by the City Traffic Engineer, prior to the issuance of permits. Any improvement measures needed as a result of findings from the traffic study shall be made at the sole cost to the property owner/developer. zz. Required street dedications shall include those portions of roadways 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 to the satisfaction of the City Engineer. aaa. Prior to the final building permit(s) inspection and approval, inspection by Public Works inspector is required. bbb. The access rights to interior lots and private streets from public roadways shall be dedicated to the City to the satisfaction of the City Engineer. ccc. Sidewalks (with trees in tree wells or in parkways) shall be constructed along roadways contiguous to subject property adjacent to curb or R/W line to the satisfaction of the City Engineer. ddd. Adequate provision shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. eee. Water service facilities shall be constructed to at least meet the requirements for fire flow established by the City's Fire Department and the requirements of the subsequent water purveyor/owner of the facilities. fff. Easements contiguous to the street right-of-way shall be granted for utility, street lighting, and traffic signing purposes to the satisfaction of the City Engineer. ggg. Private street improvements shall comply with Municipal Code Chapter 19, Article 8, and Planning Commission Resolution No. 2519. hhh. Prior to (issuance of Building Permit), all of the following requirements shall be satisfied: 1. 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 Department and Engineering Division. 2. Arrangements for the installation of streetlights with underground wiring shall be made with Southern California Edison Company. At the time of installation, the applicant shall provide the necessary trenching and backfill. Submit two sets of the subdivision and/or development plans to the Engineering Division, Traffic and Lighting Section, to be used for designing the street lighting system. 3. 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. iii. Provide will serve letter from the water purveyor that services the project area. BUILDING DIVISION All Conditions of Approval shall appear as notes on the plans submitted for building plan check and permits. kkk. Building design shall comply with the 2020 County of Los Angeles Building Codes and 2019 California Green Building Standards Code and California Energy Code. Plans shall be submitted for plan check and required permits shall be obtained from the Building & Safety Division prior to start of construction. 111. Separate application(s), plan check(s), and permit(s) is/are required for: 1. Tenant Improvements 2. Grading (see Engineering Division for requirements) 3. Demolition work 4. Retaining walls (see Engineering Division for requirements) 5. Required masonry or concrete perimeter walls or trash enclosures 6. Signs 7. Fire sprinkler/Alarm systems (see Fire Department Prevention Bureau for requirements) 8. Plumbing 9. Mechanical 10. Electrical mmm. All tenant improvement work including package conveyor system construction shall be completed with a valid permit and in accordance with applicable Building Regulations. Final building inspection and approvals shall be completed prior to the occupancy of the building. FIRE DEPARTMENT nnn. Based on the preliminary information received, the required Fire Department requirements* for the above -noted project are: 1. NFPA 13 Fire Sprinkler System 2. NFPA Fire Alarm/Fire Sprinkler Monitoring System 3. NFPA 10 Fire Extinguishers 4. Maintain 20 ft. Minimum — Fire APPOARATUS ACCESS ROAD 5. Fire lane identification — Signage. — Painted red curbs and striping must be completed prior to final 6. Premises identification/address numbers must be added and approved by fire code official prior to final 7. Existing or proposed gates and barricades must be provided with a gate card reader if mechanical or a KnoxBox if manual ppp. Additional Fire Department Requirements may be set upon future review of a full set of architectural plans. POLICE DEPARTMENT qqq. Install CCTV surveillance within the complex at all points of ingress/egress, as well as at all of the ingress/egress points from the street since there will be so much vehicle and pedestrian traffic. SECTION 6. The City Clerk shall certify to the adoption of this Resolution and shall enter it into the book of original resolutions. APPROVED AND ADOPTED this 19th day of October, 2021. APPROVED O FORM / Z14 )14� Thomas P. Duai City Attorney ATTEST A�r, Lisa Sherrie c Assistant City Clerk I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2021-104 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 19th day of October, 2021, by the following vote of the City Council: AYES: Castellanos, Diaz, Lopez-Viado, Wu NOES: Tabatabai ABSENT: None ABSTAIN: None isa Sherrick Assistant City Clerk