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Resolution - 9091RESOLUTION NO. 9091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO APPROVE PRECISE PLAN NO. 794, REVISION 4 (ZELMAN RETAIL PARTNERS). ® WHEREAS, there was filed with the Planning Commission, a verified application on the forms prescribed in Chapter 26 of the West Covina Municipal Code, requesting approval of a precise plan for the construction of a retail shopping center on that certain property described as follows: Los Angeles County Assessor's Parcel Number 8474-11-936; and WHEREAS, the hearing on said application was duly noticed and conducted by the Planning Commission on the 8th day of March, 1994, at which time the application was approved; and WHEREAS, the action of the Planning Commission was appealed to the City Council on March 24, 1994; and WHEREAS, the hearing of the appeal was duly noticed for the City Council meeting of April 19, 1994, at which time the hearing was continued to the meeting of May 17, 1994; and WHEREAS, studies and investigations made by the City Council and in its behalf reveal the following facts: 1. The Planning Commission approved a revision to a precise plan to allow the construction of a 95,000± square foot commercial retail shopping center on a 7.09 acre site in the Regional Commercial Zone. 2. The revision to the precise plan is being processed in concurrently with, and is contingent upon a request for approval of an unclassified use permit to establish an outdoor seating area in conjunction with Tenant "A" on the proposed precise plan and a sign variance to allow an attached sign exceeding the maximum allowable sign area and identifying tenants of other lease spaces. 3. The precise plan meets and exceeds all aspects of the Municipal Code 4. The approval of the requested precise plan will in no way be detrimental to adjacent properties. 5. The proposed project is consistent with the Zoning Classification and General Plan Designation of Regional Commercial. 6. The project is located in the Central Business District Redevelopment area and is consistent with the designation of Regional Commercial. 7. Findings necessary for approval of a precise plan of design: 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. i 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. 0618-94/QCC/CCZLP794.RES/BD/srg Resolution No. PP 794, REV. 4 Zelman Retail Partners May 17 1994 - Page 2 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. 8. An initial study prepared for the subject project has disclosed that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures have been incorporated into the projects's design and as conditions of approval. A Negative Declaration of Environmental Impact has been prepared for the proposed project pursuant to the requirements of the California Environmental Quality Act of 1970, as amended. NOW THEREFORE, the City Council of the City of West Covina does resolve as follows: On the basis of the evidence presented, both oral and documentary, the City Council makes the following findings for approval of a precise plan of design: a. The proposed commercial retail center is designed in conformance with all City Zoning Codes and regulations and special consideration has been given to the subject sites relationship to adjacent land uses. Vehicular and pedestrian access to the site has been designed as logical extensions of the existing circulation pattern. Further, a number of conditions of approval have been imposed to integrate the commercial retail center into the proposed site. Examples of conditions of approval include requiring plant materials, light standards, and an architectural style which reflect surrounding development; sensitive placement of roof mounted equipment, loading docks and trash compactors; appropriately located screen walls, and landscape planters. Furthermore, operational conditions of approval have been incorporated to mitigate potential impacts on this adjacent office complex. These conditions include; limiting stereo and alarm installation to the interior of the building, alarm and stereo testing to be conducted in the building with the doors closed or the alarms disconnected between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday, and restricting customer and employee parking within the rear driveway or within the adjacent parking structure. Overall, the cumulative effect of these conditions result in a quality project which sensitively addresses neighboring properties and uses, allows for reasonable use of the site and complies with the City's development standards. b. The proposed project meets or exceeds all requirements of the "Regional - Commercial (R-C)" zone. Further, additional steps were undertaken to ® develop a site design and development in general that is sensitive to the surrounding land uses. As referenced in Finding A, many variables were considered beyond the minimum Code requirements such as placement of landscaping, architectural treatments such as building materials and design, parking lot lighting, a proposed fountain area, etc. Special consideration has been given to the design of the project to ensure against depreciation of property values of in the vicinity. As designed, the project will not endanger the public peace, health, safety and general welfare as it will be constructed in conformance with all applicable Building Codes and project conditions. 0618-94/C: CC/CCZLP794. R ES/BD/srg Resolution No. PP 794, REV. 4 Zelman Retail Partners May 17 1994 - Page 3 C. The proposed commercial retail center is designed to incorporate many elements of the adjacent Lakes office buildings which is designed in a Mayan architectural style. The architecture of the proposed center includes similar building mass and scale, materials, colors, and patterns in addition to splashes of color and other textures. Color treatments are found near the entrances to the proposed tenant spaces. The colors are introduced in the form of a space frame structure with columns and a matching sconce lighting in front of Tenant "B," and canopies in front of Tenants "A" and "C." Around the base of the buildings the architect used split face concrete block which has a rougher texture than the stucco used above. The horizontal line of the building is broken up by the canopy projections and each of the entrances and the changing texture of the building with the patterned reveals. The northwest end of the retail center is designed with an attached sign which incorporates many of the building's architectural elements and materials. In sum, the building's design element contribute to create a quality project which complements the adjacent Lakes office buildings and the development within the Central Business District in general. 2. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, Precise Plan No. 794, Revision 4 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 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 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. 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. 5. That the approval of the precise plan is subject to the following conditions: a. Comply with Study Plan "A" dated May 17, 1994. b. Comply with Exhibit Nos. 1-4, dated May 17, 1994. C. Comply with all applicable standards of the West Covina Municipal Code, particularly Chapter 26, Article X and Planning Commission Resolution No. 2513. d. Gutters and downspouts shall not project from the vertical surface of the building pursuant to Section 26-568(a)(3). 0618-94/C:CC/CCZLP794.RES/BD/srg Resolution No. PP 794, REV. 4 Zelman Retail Partners May 17 1994 - Page 4 e. All ground -mounted, wall -mounted and/or roof -mounted equipment not 0 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 conceal- ment shall be submitted to the Planning Director for review and approval prior to the issuance of building permits. f. All antenna and antenna support structures shall be placed and installed in a manner which screens at least 75 percent of the antenna when viewed from ground level from any adjacent public right-of-way, parks, schools, or residentially zoned properties. Such screening may include landscaping, fencing, or walls which has been integrated with the design of the building. g. Prior to the issuance of building permits, as a part of plan check submittal to the Building and Engineering Departments, submit a plan identifying the location of all roof mounted equipment and a cross section of all mechanical equipment. Special consideration shall be given to the use of compact package units and clustering of the units on the roof to reduce the cluttered appearance on the roof. Said plan shall be subject to the review and approval of the Planning Director. h. Provide trees in tree wells across the front of the buildings between canopy projections. Said trees and tree wells shall be included in the submittal of a landscape and irrigation plan for review and approval. Prior to the issuance of building permits, the applicant shall submit a detailed landscaping plan to the Planning Director for review and approval. Said plan to include type, size, and quantity of landscaping materials, a well as, a fully automatic comprehensive watering system. The plans shall comply with the City's standards for water efficiency and where possible, incorporate plant materials utilized in the adjacent Lakes office development. Landscaping areas are to be kept free of litter and diseased or dead plants. Diseased, dead, damaged and/or disfigured plants shall be replaced as deemed necessary by the Planning Director. All installation of landscaping and irrigation shall be completed prior to issuance of a Certificate of Occupancy. The location of the electrical transformers and other mechanical equipment, if not indicated on the approved Study Plan, must be approved by the Planning Director. k. Pole mounted parking lot lighting shall be consistent in architectural style with that used in the adjacent Lakes office development. Proposed parking lot lighting shall be accurately indicated on the grading plan and shall be located within landscaped or hardscaped areas. Pole locations • shall be accurately staked prior to installation by the Civil Engineer that prepared the grading plan. Bollards proposed at the building entrance shall be architecturally compatible with the development. Provide a minimum six foot height trash enclosure. Said trash enclosure shall be made architecturally compatible with the buildings and shall include a roof structure above to screen the views from the adjacent office buildings and guard against unauthorized dumping. 0616-94/C: C C/CCZLP794. R ES/BD/s rg Resolution No. PP 794, REV. 4 Zelman Retail Partners May 17 1994 - Page 5 • M. Provide minimum 10-foot high screen walls adjacent to the two loading zones. Said walls shall be architecturally consistent with the buildings. n. A three-foot high masonry wall or screening landscaping shall be provided and maintained, along the front of the property, except at the point of ingress and egress for vehicular traffic. o. Prior to the issuance of building permits, the applicant is required to obtain a new sewer easement and abandon the existing sewer easement which currently extends under the northwest portion of the tenant space "C," or resolve the issue to the satisfaction of the Building/Engineering Departments. P. 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 requirements and that such a provision may be made a part of any agreement of City and applicant. q. Merchandise deliveries and truck traffic related to the operation of the commercial development shall be restricted between the hours of 12:00 p.m. to 2:00 p.m. and 4:30 p.m. to 6:30 p.m. r. All aspects of the installation operation in conjunction with Tenant "B" shall be conducted inside the building and shall not spill out into the driveway (Fire Lane). All alarm testing shall be conducted inside the building with the doors shut or with the horn disconnected between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday. No customer or employee vehicles shall be parked within the rear driveway or within the adjacent parking structure. S. Palm trees (Washingtonia robusta) shall be provided along the perimeter of the site abutting the San Bernardino Freeway right-of-way or, within the Freeway right-of-way provided that the developer receive approval to plant the trees from Cal Trans within 9 months of project approval. Said palm trees shall be a minimum of 20 brown trunk height and shall be spaced at 45 feet on center and identified on the approved landscape plan. A maintenance program for all palm trees shall be submitted for review and approval in conjunction with the required landscape and irrigation plans. t. The applicant shall work with the owner and tenants of the Lakes office • complex in conjunction with the Planning Department and Redevelopment Agency Staff in developing a comprehensive sign program that includes signage on the entire Lakes site. Said program shall be forwarded to the Planning Commission for final approval prior to the issuance of a certificate of occupancy. U. A combination of 24 inch and 36 inch boxed specimen trees shall be planted in the landscape area at the northeast corner of the site between the Lakes office building and the rear of Major "A". Said plant materials 0618-94/C: CC/CCZLP794. R ES/BD/s rg Resolution No. PP 794, REV. 4 Zelman Retail Partners May 17 1994 - Page 6 shall be designated on the approved landscape plan which is required as a condition of approval. V. Comply with the mitigation measures as outlined in the Initial Study/Environmental Assessment, prepared on January 19, 1994, as follows. i. Grading/ Submit a grading and drainage Engineering/ Daily on -site Drainage plan to the City Engineer for Building inspection. review and approval prior to Pre -construction issuance of grading permits. All plan check. grading shall comply with Citizen's input. Chapter 9 (Grading Ordinance) and 15 (Noise Ordinance) of the West Covina Municipal Code and Chapters 29 and 70 of the Uniform Building Code. ii. Air Normal wetting procedures or Engineering Daily on -site other palliative measures shall inspections. be followed during construction Citizen's input. activities to reduce fugitive dust emissions in order to meet AQMD Rule 403 requirements. iii. Noise Grading and construction Engineering/ Daily on -site activity shall comply with the Code Enforcement/ inspections. City's grading and noise Police Depts. Citizen's input. ordinances. Requirements include but are not limited to, restricting the hours for excavation, grading and other construction activities between 7:00 AM and 8:00 PM. Also, all construction equipment shall be required to have properly operating and maintained mufflers. iv. Circulation Barriers and warning signs shall Engineering/ Daily on -site be employed where appropriate Planning inspections. to maintain traffic and Departments Citizen's input. pedestrian safety during the grading and construction period. v. Plant life Submit a detailed landscape and Planning Pre -construction irrigation plan to the Planning Department plan check. Department for review and approval prior to the issuance of Building Permits. Said plan shall • include type, size, and quantities of plant materials to be used in said plan. Special consideration should be given to planting around the building to soften the appearance of the structures. 0618-94/C:CC/CCZLP794.RES/BD/srg Resolution No. PP 794, REV. 4 Zelman Retail Partners May 17, 1994 - Page 7 �ght/glare Lighting on the site shall comply Engineering/ with Section 26-519 of the Planning West Covina Municipal Code Department and Planning Resolution No. 2513. vii. Public safety The City Fire Marshal shall Fire Department review all detailed design plans prior to the issuance of building permits. Items to be reviewed include accessibility for emergency fire equipment, adequate interior circulation, and other safety considerations. New fire hydrants shall be provided to service the project and the buildings shall be equipped with fire sprinkler systems pursuant to the City of West Covina Fire Department Standards. Security lighting shall be installed throughout the project. viii. Natural The project shall comply with resources Title 24 of the California Administrative Code. Specifically, the project shall install plumbing fixtures which reduce water usage and loss such as low -volume toilet tanks and flow control devices for faucets. Also, energy efficient electrical and gas mechanical equipment shall be used throughout the project. Trash compactors shall be installed to minimize solid waste bulk. W. Engineering Department requirements: Engineering/ Planning Department Engineering/ Planning Department Building/ Planning Depts Pre -construction plan check. Pre and post construction inspections. Preconstruction plan check. Preconstruction plan check. Post construction inspections. Pre -construction plan check. Comply with all conditions contained in Planning Commission Resolution No. 567. • ii. 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. iii. Adequate provision shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. iv. Parking lot and driveway improvements on private property shall comply with Planning Commission Resolution No. 2513 and be constructed to the City of West Covina Standards. 0618-94/C: CC/CCZLP794. R ES/BD/s rg Resolution No. PP 794, REV. 4 Zelman Retail Partners May 17 1994 - Page 8 V. 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 waster purveyor/owner of the facilities. vi. The required street improvements shall include that portion of Garvey Avenue South, contiguous to the subject property. vii. Full width sidewalks with trees in tree wells shall be constructed along Garvey Avenue South adjacent to curb. viii. Prior to issuance of a Building Permit 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. Arrangements for the installation of street lights 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 plan to the Engineering Department, Traffic and Lighting Section, to be used for designing the street lighting system; or C. A parking lot lighting plan showing electrolier types (in conformance with City Standard Drawing T-33) and loca- tions, 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 b y the City Engineer and Planning Director. d. 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 improvements (except buildings) and 100% labor/ material securities for all off -site improvements, shall be posted prior to final approval of the plans. ix. Joint use parking and/or access agreement to the satisfaction of the City Engineer and City Attorney shall be recorded with the Los • Angeles County Recorder. X. Post all fire lanes pursuant to the Vehicle Code and the City of West Covina Traffic Committee requirements. xi. Prior to issuance of building permits an irrevocable offer of dedication of easements for traffic control devices shall be made to the city for future installation of conduit for traffic signals at the intersection of State Street and South Garvey Avenue. 0618-94/C: CC/C CZLP794. RE S/BD/srg • Resolution No. PP 794, REV. 4 Zelman Retail Partners May 17, 1994 - Page 9 X. Building Department requirements: Comply with all requirements of the following Codes of the City and State: a.) 1991 Uniform Building Code b.) 1991 Uniform Plumbing Code c.) 1991 Uniform Mechanical Code d.) 1990 National Electric Code e.) Title 24, State of California Energy/ Insulation Regulations and Handicapped Persons Standards f.) West Covina Security Ordinance Y. Fire Department requirements: i. Steamer fire hydrants (21/2" x 4" outlets) -James Jones Model 3700 or approved equal. ii. Water system as specified. iii. 300' spacing between hydrants. iv. Fire hydrants on plan to be flushed and painted by contractor or developer before Fire Department acceptance. V. Both hydrant outlet openings shall form a 45o angle with curb face. vi. Center of hydrant head outlet openings to be 18" - 36" above finish grade. vii. On -site water serviceable hydrants to be provided by developer before framing started. Hydrants to be provided as development progresses supplied with water. viii. 35' turning radius for pumper. ix. Minimum 25' access drives around commercial developments. x. Interior drives shall provide circulation around complex and vehicle access within 150' of any building or portion thereof. xi. Two means of ingress, egress for development. xii. Water mains and hydrants to be installed as per City of West Covina Water Department Standards or AWWA Standards. See C600, "AWWA Standard for Installation of Cast Iron Water Mains", and AWWA Manual M17, "Installation, Operation and Maintenance of Fire Hydrants", and AWWA C503-75 "Wet Barrel Fire Hydrants". xiii. Water requirements are as specified. xiv. Automatic fire sprinkler and fire alarm system to be provided. 0618-94/C:CC/CCZLP794. RES/BD/srg Resolution No. PP 794, REV. 4 Zelman Retail Partners May 17 1994 - Page 10 xv. Provide a minimum of six (6) James Jones Model 3700 Fire 40 Hydrants at locations shown on plan. xvi. Water mains supplying water to fire hydrants shall be looped and minimum of 8" in size. xvii. Fire hydrants shall be capable of providing a minimum 100 gpm fire flow. xviii. Provide a minimum of 3000 gpm fire flow to site. xix. All buildings shall have an automatic fire sprinkler system installed. Design and installation shall conform to NFPA #13. xx. All access driveway shall be posted and marked as fire lanes in accordance with West Covina Engineering Department standards. Z. Redevelopment Agency requirements: No requirements. aa. Police Department requirements: No requirements. 6. That the City Clerk shall certify to the adoption of this resolution. ADOPTED AND APPROVED this 17th day of May 1994 M� . ATTEST: • Expiration Date May 17, 1995 If not used. 0618-94/C: CC/CCZLP794. R ES/BD/s rg • Resolution No. PP 794, REV. 4 Zelman Retail Partners May 17, 1994 - Page 11 I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing Resolution was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 17th day of May 1994. That, thereafter, said Resolution was duly adopted on the 17i',day of May,' 94by the following vote, to wit: AYES: Manners, Touhey, Herfert, McFadden NOES: None ABSENT: None ABSTAIN: Wong City Clerk APPROVED AS TO FORM: City Attorney 0618-94/C:CC/CCZLP794.RES/BD/srg