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.
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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.
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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).
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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.
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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
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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.
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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.
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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.
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•
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.
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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.
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•
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