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Resolution - 9452• RESOLUTION NO. 9452 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING PRECISE PLAN NO. 767, REVISION 2 (Upholding the decision of the Planning Commission). WHEREAS, the Planning Commission approved Precise Plan No. 767, Revision 2 on March 25, 1997, allowing for the expansion of an existing automobile dealership on a 4.6t acre site in the Service Commercial (S-C) on that certain property generally described as follows: Los Angeles County Assessor's Parcel Numbers 8478-004-039, 905 ; and WHEREAS, on April 14, Penske Automotive Group filed an appeal of the Planning Commission's decision based on concerns over the creation of angled, customer parking within the boundaries of the existing private street and a concern over the parking restricting clear ingress -egress; and WHEREAS, this appeal has been noticed as required by the West Covina Municipal Code (WCMC); and WHEREAS, the City Council did, at a duly noticed public hearing on May 6, 1997, conduct a hearing to consider de novo the approval of Precise Plan No. 767, Revision 2 and the City Council continued the hearing to May 20, 1997 at which time the public hearing was conducted; and WHEREAS, studies and investigations made by,the City Council and in its behalf reveal the following facts: 1. The project consists of a revision to a precise plan to allow the expansion of an existing automobile dealership onto a currently vacant site (previously the LaRonde Apartments) and the 6,864t square foot addition to the existing service building and miscellaneous minor site alterations including the establishment of on - street parking and parking within the private street area. 2. The project as designed with revisions, meets and exceeds the development standards of the "Service Commercial (S-C) Zone". 3. The project with revisions, has been designed in a manner sensitive to surrounding land uses. Revisions include the grading of the site to incorporate a gradual slope transition from south to north and from east to west on the new portion of the site, and the provision of on -site customer parking outside of the private street boundaries. 4. Approval of the requested revision to the precise plan will in no way be detrimental to adjacent properties with the provision of additional on -site customer parking that is designed in a manner that is sensitive to the adjacent, property owner. 5. The project is consistent with the General Plan land use designation of Service . and Neighborhood Commercial. 6. Appropriate findings for approval of a precise plan of design are as follows: a. That consideration has been given and restrictions imposed to the extent necessary to permit the same degree of enjoyment of the subject property, but subject to the same degree of protection of adjoining properties, as would be accorded in normal circumstances, by the standard restrictions imposed by the Municipal Code. z: /cc/resosbd/ap1767rs Resolution 9452.. Appeal of Precise Plan No. 767, Revision 2 May 20, 1997 - 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. 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. 7. 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 project'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 Planning Commission of the City of West Covina does resolve as follows: 1. On the basis of the evidence presented, both oral and documentary, the Planning Commission makes the following findings: a. The proposed project meets the minimum requirements of the "Service Commercial (S-C)" zone. The project consists of the expansion of an existing automobile dealership including a 6,864t square foot addition to the existing service building, and the expansion of outdoor vehicle display and storage area. The expansion area has been designed with conditions of approval, in a manner that is compatible with the existing automobile dealership and the design character of the auto mall. The vacant portion of the project site will be utilized for outdoor vehicle display and will be provided with landscape planters and lighting. The proposed building expansion is designed in a manner that is architecturally compatible with the existing service building. Landscape planting around the building expansion will reduce the mass of the building. The project includes landscaping totaling 13.9% of the site area which exceeds the minimum 8% requirement of the West Covina Municipal Code. b. The site expansion area is surrounded on three sides (east, west, and south) by existing automobile dealerships, and on the north by Garvey Avenue and the San Bernardino (1-10) Freeway. The expansion area will be developed with outdoor display and new car storage area which will facilitate the buildout the planned auto mall area. The applicant has imported soil and elevated the pad height to be consistent with the existing dealership site. . Development of the automobile dealership expansion plans will facilitate the implementation of the Redevelopment Plan and goals and objectives of the General Plan by reusing underutilized properties, expanding the economic base, and establishing orderly land use patterns. The expansion of the service building is located at the south end of the existing service building within the existing automobile dealership site. The building is set back approximately 50 feet from the rear property line and will be buffered by landscaping to soften the appearance of the building. The building architecture is consistent with the existing service z:/cc/resosbd/ap1767rs.doc Resolution 9452 Appeal of Precise Plan No. 767, Revision 2 May 20, 1997 - Page 3 building. The street frontage along Garvey Avenue will be modified by widening the street to conform to existing curb lines along the south side of the street. The abrupt street width transition (change in curb line . location) from the automobile dealership to the west will be softened by the dedication of street right-of-way, thereby reduce the likelihood for traffic conflicts. c The proposed building expansion is located toward the rear of the site, approximately 50 feet from the rear property line. The addition is not readily visible from adjacent roadways, and is somewhat visible from adjacent properties to the east, south and west. The building is designed with the same materials and finishes as the existing service building. The slope to along the south side of the building will be landscaped with a mixture of trees, shrubs and groundcover that, when established, will soften the appearance of the building. The building is consistent in architectural design and detail as other service buildings within the auto mall and is not in a highly visible area, therefore, the design is appropriate. The building and site expansion will be served by existing utility facilities, requiring only minor modifications. 2. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, Precise Plan No. 767, Revision 2 is approved subject to the provisions of the West Covina Municipal Code, provided that the physical development of the herein described property shall conform to said plan and the conditions set forth herein which, except as otherwise expressly indicated, shall be fully performed and completed or shall be secured by bank or cash deposit satisfactory to the Planning Director, before the use or occupancy of the property is commenced and before the Certificate of Occupancy is issued, and the violation of any of which shall be grounds for revocation of said precise plan by the Planning Commission or City Council. 3. That the precise plan shall not be effective for any purpose until the owner of the property involved (or a duly authorized representative) has filed at the office of the Planning Director, his affidavit stating he is aware of, and accepts, all conditions of this precise plan as set forth below. Additionally, no permits shall be issued until the owner of the property involved (or a duly authorized representative) pays all costs associated with the processing of this application pursuant to City Council Resolution No. 8690. 4. That the approval of the precise plan is subject to the following conditions: a. Comply with Study Plan "A", dated, March 25, 1997. b. Comply with Exhibits 1, dated, March 25, 1997. C. Comply with all requirements of the S-C Zone. d. Prior to the issuance of grading permits, the applicant shall submit three copies of detailed landscaping and irrigation plans to the Planning • Department for review and approval. Said plan shall include type, size, and quantity of landscaping materials, as well as, a fully automatic comprehensive watering system in compliance with the City's water efficient landscape requirements. 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 or final Building and Engineering Department clearance. z:/cc/resosbd/ap1767rs.doc Resolution 9452 Appeal of Precise Plan No. 767, Revision 2 May 20, 1997 - Page 4 e. All ground -mounted, wall -mounted and/or roof -mounted equipment not shown on the approved Study Plan, shall be screened from all views, in a manner that is architecturally compatible with the main building. Plans • and elevations indicating the type of equipment and method of concealment shall be submitted to the Planning Director for review and approval prior to the issuance of building permits. f. All utilities shall be installed underground g. The location of new electrical transformers and other mechanical equipment, if not indicated on the approved Study Plan, must be approved by the Planning Director prior to the issuance of building permits. h. Gutters and downspouts shall not project from the vertical surface of the building pursuant to Section 26-568 (a) (3). i. Pole mounted parking lot lighting shall be accurately indicated on the grading plan and shall be located within landscaped or hardscaped area. Pole locations shall be accurately staked prior to installation by the Civil Engineer that prepared the grading plan. j. The approved use shall not create a public nuisance as defined under Section 15-200 of the West Covina Municipal Code. k. 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 or residentially zoned properties. Such screening may include landscaping, fencing, or walls which have been integrated with the design of the building. The revision to the precise plan shall not become effective until the effective date of the Zone Change No. 651. m. Submit a revised site plan for review and approval by the Planning Director clearly indicating that access to off-street, customer parking areas shall not be enclosed by a fence and gate system during business hours. All gate systems, existing and proposed, shall be designed to comply with Planning Commission Resolution No. 05-95-4302. n. Submit a revised site plan for review and approval by the Planning Director and City Engineer clearly depicting that the street dedication and improvements -shall be designed in compliance with the City's mark-up plan and comment letter from Patrick Glover, dated September 13, 1996. (This condition is intended to address the transition at the west end of the site. Other modifications identified in the mark-up drawing, were addressed.) • o. Hassen shall configure and otherwise may utilize in three (3) parallel and six (6) diagonal parking spaces with landscaped end islands as may be required by the City Engineer for traffic safety purposes on the west side of the private street/loop road. This condition and Hassen's compliance therewith shall in no way be interpreted to diminish, impair or limit any rights Hassen or Penske has, z:/cc/resosbd/ap1767 rs. doc Resolution 9452 Appeal of Precise Plan No. 767, Revision 2 May 20, 1997 - Page 5 ` may have, or may have acquired against the other as to the ownership of, use of, or access to the loop road. p. Except where expressly modified by the conditions of this resolution, the . applicant shall comply with the conditions of approval contained in City Council Resolution No. 8246 for Precise Plan No. 767, Revision 1, and Planning Commission Resolution No. 6-83-3244 for Precise Plan No. 767, and Variance No. 837. q. Fencing utilized throughout the site shall be compatible with the building architecture and shall be reviewed and approved by the Planning Department, and Redevelopment Agency for architectural compatibility and location. r. The applicant shall meet any and all monitoring or reporting requirements necessary to ensure compliance with the mitigation measures contained in the Environmental Impact Report as those may be determined by the City, including, but not limited to, entering into an agreement to perform and/or for monitoring and reporting during project construction and implementation. The applicant further agrees it will cease construction of the project immediately upon written notice of a violation of such requirement and that such a provision may be part of any agreement of City and applicant. S. Comply with the mitigation measures as outlined in the Negative Declaration of the Environmental Impact Report dated March 3, 1997 and as follows: Throughout the grading and construction phase, soil shall be kept moist to reduce fugitive dust through a minimum of twice daily watering. ii. The developer shall provide for street sweeping,, as needed, on adjacent roadways to remove dirt dropped by construction vehicles or dried mud carried off by trucks moving dirt or bringing construction materials. iii. All trucks hauling dirt to or from the site will have their loads wet down or covered. iv. All construction equipment to be on -site for more than 60 days will have low NOx emissions tune-ups prior to the commencement of any work. V. During Santa Ana wind conditions with wind speeds exceeding 25 mph, soil disturbance areas shall be watered hourly or active • operations on unpaved surfaces shall be terminated until the wind speeds no longer exceed 25 mph. vi. Construction equipment shall be equipped with properly operating mufflers. vii. During initial construction, delivery of materials and equipment, outdoor operations of equipment, and outdoor use of hammers and z:/cc/resosbd/ap1767rs.doc Resolution 9452 Appeal of Precise Plan No. 767, Revision 2 May 20, 1997 - Page 6 power tools shall be limited to the hours between 7:00 a.m. to 8:00 p. M. . viii. Construction activities and business uses shall comply with the City of West Covina's noise ordinance. ix. Lighting on the site shall comply with the West Covina Parking Lot and Lighting Design Standards to restrict the spillover of light and glare onto adjacent properties. t. Building and Engineering Department requirements: Comply with all conditions contained in Planning Commission Resolution No. 567. ii. The required street dedication shall include that portion of Garvey Avenue, contiguous to the subject property. iii. Construct an 8-foot wide .sidewalk with trees in tree wells along Garvey Avenue pursuant to West Covina Design Standards. iv. Adequate provision shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. V. Parking lot and driveway improvements on private property shall comply with Planning Commission Resolution No. 2513, Revision 6, Parking Lot Design and Lighting Standards and be constructed to the City of West Covina Standards. vi. 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. vii. Prior to the issuance of Building Permits, all of the following requirements shall be satisfied. a.) A final grading and drainage plan showing existing and proposed elevations ad drainage structures (and showing existing and proposed on -site and off -site improvements) shall be submitted to and approved by the Planning Department and the Building and Engineering Department. 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, Revision 6, 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 improvements securities for all on -site and off - site improvements (except buildings) and 100% z:/cc/resosbd/ap1767rs.doc Resolution 9452 Appeal of Precise Plan No. 767, Revision 2 May 20, 1997 - Page 7 labor/material securities for all off -site improvements, shall be posted prior to final approval of the plans. viii. Prior to the issuance of any permits for the proposed • improvements, a covenant to hold two or more parcels as one shall be recorded with the Los Angeles County Recorder. A copy of the recorded document shall be filed with the City Engineer. ix. Comply with all requirements of the following Codes of the City and State: a). 1994 Uniform Building Code b). 1994 Uniform Plumbing Code c). 1994 Uniform Mechanical Code d). Title 24 State of California Energy/Insulation Regulations and Handicapped persons Standards, including route of travel to and from all buildings and from sidewalk. e). 1993 National Electric Code f). West Covina Municipal Code Chapter 7, Article XIV - Building Security X. Prior to the issuance of any permits for the proposed improvements, the existing on -site grading must be brought into compliance with the City's Grading Ordinance and the Uniform Building Code including permit, plan, and a soil engineer's repo rt/certification. U. Fire Department Requirements: i. Provide a minimum 35-foot turning radius for fire department pumper. ii. Provide a minimum of two separate means of ingress, egress for the development, each with a minimum width of 20 feet. iii. Interior drives shall provide circulation around complex and vehicle access within 150 feet of any building or portion thereof. iv. All security gates shall be operated by a Fire Department approved system. V. Provide one Steamer fire hydrant (2.5" x 4" outlets) James Jones model 3700 or approved equal as shown on the site plan. vi. Water system supplying hydrants shall be looped and a minimum 8" in size. The hydrants shall flow a minimum of 1000 gpm actual flow. vii. 300 foot spacing between hydrants. • viii. Fire hydrants on plan to be flushed and painted by contractor or developer before Fire Department acceptance. ix. Both hydrant outlet openings shall form a 45 degree angle with curb face. X. Center of hydrant head outlet openings to be 18 inches - 36 inches above finish grade. z:/cc/resosbd/ap1767rs. d oc Resolution 9452 Appeal of Precise Plan No. 767, Revision 2 May 20, 1997 - Page 8 A. On -site water serviceable hydrants to be provided by the developer before framing is started. Hydrants to be provided as development . progresses supplied with water. 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". V. Redevelopment Agency Requirements: Comply with the Amended and Restated Development, Disposition, and Owner Participation Agreement dated June 13, 1996. ii. Within ten (10) business days after the execution of this resolution, provide the Agency written notice that the quality of the demolition and removal work upon the site is acceptable to the applicant before or after the applicant's authorized or unauthorized use and/or entry upon the site. If such written notice is not made within prescribed time, it is understood and implied the quality of such work is deemed acceptable. iii. Demolish and remove the existing block wall and related debris along the west property line between the expansion area (LaRonde site), and the adjacent property (Saturn Dealership). W. Police Department Requirements: No requirements 3. That the City Clerk shall certify to the adoption of this resolution. ADOPTED AND APPROVED this 20th day of May, 1997. ATTEST: City Clerk Expiration Date May 20, 1998 • If not used. z:/cc/resos bd/ap1767rs. doc Resolution 9452 Appeal of Precise Plan No. 767, Revision 2 May 20, 1997 - Page 9 I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing Resolution was • adopted by the City Council of the City of West Covina, at a regular meeting held on the 20th day of May, 1997, by the following vote, to wit: AYES: Herfert, Howard, Melendez, Touhey, Wong NOES: None ABSENT: None DATE: May 20th, 1997 U City Clerk APPROVED AS TO FORM: City Attor ey z:/cc/resosbd/ap1767rs.doc