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Resolution - 2006-21RESOLUTION NO.2006-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PRECISE PLAN NO. 04-09 ON APPEAL OF PLANNING COMMISSION ACTION PRECISE PLAN NO.04-09 NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: RHL Design Group, hic. LOCATION: 2700 E. Garvey Avenue South (Crestview Cadillac) WHEREAS, there was filed with this Council a verified application on forms prescribed by the Council, a request for a precise plan requesting approval of a precise plan to increase the showroom floor area, add a multi -story vehicle storage structure and renovate the exterior of the existing dealership building on that certain property generally described as: Assessor's Parcel No. 8480-016-021, as listed in the records of the office of the Los Angeles County Assessor; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 19`h day of January, 2006 conduct a duly advertised public hearing as prescribed by law; and WHEREAS, the Planning Commission did adopt Resolution No. 05-5092 approving the application; and WHEREAS, on December 29, 2005, an appeal of the Planning Commission action was filed by Shelley Sanderson; and WHEREAS, the City Council did, on the 2151 day of February, 2006 and the 21" day of March, 2006, conduct a duly advertised public hearing as prescribed by law, and considered evidence presented by the Planning Commission, Planning Department, and other interested parties; and WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts: 1. The project consists of a request for a precise plan to construct a 75,855-square foot, four- story parking garage and a 4,170-square foot addition to an existing auto dealership (Crestview Cadillac). The site is currently occupied by 34,494-square feet of building space consisting of the auto dealership office, car wash, and paint booth. The project is located in the "Medium Commercial" (C-2) Zone. 2 The project is consistent with the General Plan land use designation of "Service & Neighborhood Commercial" and the zoning classification of "Medium Commercial" (C-2). 3. Approval of the requested precise plan will not be detrimental to adjacent properties as the design was developed with attention directed to the relationship of the project to surrounding land uses. 4. Appropriate findings for approval of a precise plan of design are as follows: . a. That consideration has been given and restrictions imposed to the extent necessary to permit the same degree of enjoyment 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. 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. Resolution No. 2006-21 March 21, 2006 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. 5. The initial study prepared for the project disclosed that the project will not have a significant impact on the environment. Mitigation measures have been incorporated into the project's design and as conditions of approval to reduce impacts on the environment to a less than significant level. A Negative Declaration of Environmental Impact has been prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. NOW, THEREFORE, the City Council of the City of West Covina does 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 project proposes the construction of a 4,170-square foot addition to an existing 34,494-square foot auto dealership office and showroom. The proposal will result in exterior modifications to the existing dealership building and removal of the detached modular office building. Also proposed is a request to construct a 74,211-square foot, three-story, 30-foot high (maximum) parking structure. The applicant is proposing the parking garage to add employee parking and inventory parking. The showroom addition will provide more area to showcase vehicles away from outdoor elements. The parking garage and showroom addition meet or exceed all applicable Municipal Code requirements, including but not limited to, setbacks, parking spaces, landscaping, and building coverage. The project is consistent with the "Medium Commercial" (C-2) Zone. b. The project site consists of a sloped pad with frontage on Garvey Avenue South and the San Bernardino Freeway. The property is an irregular -shaped lot with a rectangular portion facing Garvey Avenue South tapering to a triangular rear yard facing the Walnut Creek Wash. The property is improved with an existing auto dealership building, two body shop buildings, two parts storage buildings, an office building, a service building, paint booth and the showroom and landscaping throughout the site. Therefore, the addition of a showroom area and parking garage will not depreciate property values, interfere with the use or enjoyment of property in the vicinity, or endanger the public peace, health, safety or general welfare, due to its location, and the general compatibility of the project with the retail uses in, the surrounding area. c. The development is found to facilitate the orderly development of the precise plan area. The architectural design of the showroom addition is proposed in a manner that will blend with the existing auto dealership building. The parking garage will be designed with two -foot parapet walls to impede clear view of the vehicles within the garage. A six-foot high parapet wall is proposed along the rear elevation to protect the privacy of neighboring residential uses. At least fifteen trees are proposed along the southern wall of the parking garage to screen the garage from the nearby residential across the Walnut Creek Wash. SECTION 2. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, Precise Plan No.04-09 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. FA Resolution No. 2006-21 March 21, 2006 SECTION 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. 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. That the approval of the precise plan is subject to the following conditions: a. Comply with plans reviewed by the City Council on March 21, 2006. b. Comply with color and material boards. c. Comply with all applicable sections of the West Covina Municipal Code. d. The operation of the facility shall comply with the West Covina Noise Ordinance. e. Comply with all requirements of the "Medium Commercial" (C-2) Zone. f. All construction shall comply with the provisions of the West Covina Municipal Code and the requirements of the Engineering and Building Departments. g. 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. It. Building and parking lot lighting is required to be architecturally integrated with the building design. Standard security wall packs are not acceptable unless they are provided with hooding that is architecturally compatible with the building. i. Employee and customer parking spaces shall be clearly identified as such with signage, pavement stencils, or both. j. Loading or unloading of vehicles shall only occur within the auto dealership property. k. A minimum of 47 employee parking spaces shall be provided on the dealership lot at all times. 1. Any proposed change to the approved site plan shall be reviewed by the Planning Department and the written authorization of the Planning Director shall be obtained prior to implementation. in. 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 Division clearance. n. Trees that will grow to a larger size at maturity shall be planted along the southern wall of the parking garage to block the view of the wall to the residential homes to the south. The trees shall be placed approximately 15 feet apart and shall be a minimum of 15 gallon in size. 3 Resolution No. 2006-21 March 21, 2006 o. All ground -mounted, wall -mounted and/or roof -mounted equipment not shown on the approved Study Plan and exhibits 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. p. All utilities shall be installed underground. q. 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. r. Gutters and downspouts shall not project from the vertical surface of the building pursuant to Section 26-568 (a) (3). s. Building and parking lot lighting is required to be architecturally integrated with the building design. Standard security wall packs are not acceptable unless they are provided with hooding that is architecturally compatible with the building. t. 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. u. The approved use shall not create a public nuisance as defined under Section 15-200 of the West Covina Municipal Code. v. 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. w. No exterior public address or amplification devices shall be installed or utilized at the site. x. The security alarm system shall be upgraded to reduce the noise impacts to neighboring properties. y. Final design plans for areas receiving special paving treatments shall be submitted to the Planning Department for review and approval prior to the issuance of building permits. z. Fencing utilized throughout the site shall be compatible with the building architecture and shall be reviewed and approved by the Planning Department for architectural compatibility and location prior to issuance of building permits. aa. 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 and an architectural cover. Trash enclosures visible from the parking area are required to have a trellis cover. The trash compactor areas as indicated on the approved plans are not required to be covered by a trellis any relocation of these enclosures may require trellis covers. Provide construction details prior to issuance of a building permit. bb. That any proposed change to the approved site plan, floor plan or elevations be reviewed by the Planning, Building, Fire and Police Departments and the Redevelopment Agency and that the written authorization of the Planning Director shall be obtained prior to implementation. cc. All new gutters and downspouts shall not project from the vertical surface of the building pursuant to Section 26-568 (a) (3). dd. Comply with all requirements of the "Art in Public Places" ordinance, prior to the issuance of building permits. 11 Resolution No. 2006-21 March 21, 2006 ee. The applicant shall indemnify, hold harmless and defend the City Of West Covina (City), its agents, officers, and employees from any claim, action, proceeding or damages against the City, its agents, officers, or employees to attack, set aside, void, or annul the approval by the City of this Tract Map. Further, the applicant shall indemnify, hold harmless and defend the City Of West Covina (City), its agents, officers, and employees from any claim, action, proceeding or damages against the City, its agents, officers, or employees arising out of the action, inaction or negligence of the applicant, its employees, officers, agents, contractors, subcontractors, successors or assigns in planning, engineering, constructing or in any manner carrying out the Tract Map or any improvements required for the Tract Map. The indemnity shall be contained in a written document approved by the City Attorney. ff. The applicant shall meet any and all monitoring or reporting requirements necessary to ensure compliance with the mitigation measures contained in the Mitigated 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 requirement and that such a provision may be part of any agreement of City and applicant. gg. Comply with the mitigation measures as outlined in the Mitigated Negative Declaration of the Environmental Impact dated November 15, 2005, and as follows: 1. All grading and construction shall comply with the provisions of the West Covina Municipal Code and the requirements of the Engineering and Building Departments. 2. All conclusions and recommendations of the required Geotechnical Report shall be completed as part of the project review and construction. 3. Vigorous wetting procedures or other dust palliative measures shall be maintained during earth moving operations to minimize fugitive dust emissions in compliance with applicable codes and ordinances pertaining to dust suppression requirements (including SCAQMD RULE 403). 4. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. 5. Roadways shall be swept periodically as determined by the City Engineer and/or Maintenance Services Superintendent or otherwise cleared of any spilled materials to assist in minimizing fugitive dust. 6. Trucks importing or exporting earthen materials shall be covered or, sprinkled with water prior to entering public streets. 7. Heavy-duty construction equipment shall be kept on -site when not in operations to minimize exhaust emissions associated with vehicles repetitiously traveling to and from the project site. 8. The number of pieces of equipment operating simultaneously should be minimized through efficient management practices. 9. Construction equipment shall be maintained in proper tune to reduce exhaust emissions. 10. Diesel -powered equipment such as booster pumps or generators should be replaced by electric equipment, if feasible. 5 Resolution No. 2006-21 March 21, 2006 11. During Santa Ana wind conditions with wind speeds exceeding 15 mph, soil disturbance areas shall be watered hourly or active operations on unpaved surfaces shall, be terminated until the wind speeds no longer exceed 15 mph. 12. Graded surfaces shall be vegetated as soon as feasibly possible after the completion of grading within the construction area. �r 13. Landscaping shall be installed on all graded surfaces proposed for landscaping as soon as feasibly possible after the completion of grading operations. 14. During grading and construction, delivery of materials and equipment, outdoor . operations of equipment, and construction activity shall be limited to the hours between 7:00 a.m. and 8:00 p.m. 15. All construction equipment, stationary or mobile, shall be equipped with properly operating and maintained mufflers. 16. All construction equipment shall be stored on the project site during the construction phase to eliminate daily heavy-duty truck trips on vicinity roadways. 17. The operation of the facility shall comply with the West Covina Noise Ordinance. 18. Landscaping plans shall be submitted to the Planning Department. The landscaping plan shall conform with the approved site plan. Additionally, all areas not requiring paving shall be landscaped. 19. All project landscaping shall be installed prior to occupancy. 20. A lighting plan check shall be conducted to ensure that light does not "spill over" onto adjoining property. All exterior lighting shall be hooded and directed so as to reflect away from adjoining properties. 21. The proposed car wash is required to follow the Standard Urban Stormwater Mitigation Plan (SUSMP) to incorporate any best management practices to prevent pollution, trash, litter etc. from entering any storm drain, channel or waterway. This plan must be approved prior to the public hearing and will become one of the Conditions of Approval per the Building Division. hh. Building Division Requirements: 1. All Conditions of Approval as approved by the Planning Commission shall appear as notes on the plans submitted for building plan check and permits. 2. Compliance with the State of California Accessibility regulations is required, including: a) Passenger loading zone shall have a 60" by 240" minimum access and unloading aisle alongside and parallel to the loading zone, service drop off. b) Accessible path of travel to entrances from the public sidewalk. Clearly show connection to public sidewalk. c) All sidewalks and curb within any pedestrian path of travel shall be made accessible by use of curb ramps. Clearly show all wheelchair path of travel. d) All employee areas shall be accessible including behind counters and attendants. e) Drinking fountains (high/low) are required to be accessible. f) All public telephones shall be accessible. At least one and 25% shall be equipped for hearing impaired, volume control. At least one telephone shall comply with CBC 1117B.2.9.2 for text telephones where there are at least 4 phones on the site. Z Resolution No. 2006-21 March 21, 2006 g) Aisles and seating shall be accessible. 44" min. h) Accessible parking for employees, both covered and uncovered with a clear path of travel. 3. Fire sprinklers are required for any building over 10,000 sf. i 4. The area appears to me in an area mapped by the California Division of Mines and Geology as having potential for seismic induced liquefaction. A soils and geology report is required to address the potential for and mitigation measures of any seismic induced liquefaction. 5. Dead end corridor may not exceed 20' in length. Provide min. 44" exit width. 6. Illuminated exits and exit signs are required to have a second source of power supply for back-up emergency lighting. UBC 1012, 1013. 7. Install curb, sidewalk or planter in place of wheel stops. If a planter is used, landscaping shall be low groundcover or turf and shall not exceed the height of the six-inch curb, for employee or guest parking (not inventory.) 8. Parking structure may require deep footings or obtain approval of LA CO flood control. 9. All new on -site utility service lines shall be placed underground. ii. Fire Department Requirements: 1. This development shall conform with California Code of Regulations Titles 19 and 24, West Covina Municipal Codes and approved standards of installation. 2. New and existing buildings, where connected, shall be provided with fire sprinkler systems. 3. Fire alarm systems shall be installed as required by the Fire and Building Code. 4. Placement of the construction barrier shall be provided with a minimum of 2 entry gates for the Fire Department. 5. Fire Department fees shall be reviewed, approved and paid at Fire Administration (if there is a balance) before construction final or issuance of temporary occupancy. - Plan review - Expedite plan review or inspections. - Fire protection inspections in excess of 2 inspections. - All construction inspections. - Non-compliance fees. - Additional accumulated fees related to the above items. 6. Acceptable methods of alternative protection shall be submitted in writing to the Building and Fire Department and approved before plan approval. 7. The "Conditions of Approval" as required by the Fire Department shall appear on the cover page of the plan submittal for initial review. 8. An updated hazardous materials inventory and management plan for the storage and/or use of flammable, combustible, or hazardous materials shall be included as part of the initial plan review process. 9. Fire lanes shall be painted, or posted, before construction final. Information showing location of all fire lanes must be on the initial drawing submittal to the Building and Safety Department for evaluation. %I Resolution No. 2006-21 March 21, 2006 10. An approved number or address shall be provided in a position that will be plainly visible from the street, or road fronting the property. Numbers are required to be a minimum of 6 inches in height. 11. This project requires the installation of lock boxes. Locations shall be identified by the Fire Dept. and boxes shall be installed, with keys, before construction final. �j 12. If gated access is desired to any part of this property, the gated access is required to have a card reader installed which will open the gate automatically, for emergency personnel, with a master card. 13. New on -site fire hydrants are required for this project. Existing hydrant locations within 300 feet of this project were not shown on this informational package. The water supply system shall be designed and installed, capable of providing the minimum fire flow as required by the Fire Code, and verified by a letter from the Water Department. On -site fire hydrants shall be installed as required prior to the delivery of construction materials to the job site. Plans for the on -site water system shall be submitted and approved by the Fire Department before work begins. The system shall be reviewed, approved and operational before construction materials are delivered to the site. 14. Fire Department access and turn around compliance has not been shown on this informational package. A site plan that shows fire apparatus access roads with an unobstructed width of not less than 20 feet and a vertical clearance of 13'-6". Cul-de- sac and turn radiuses shall be a minimum of 35' (on -center). Approved provisions for the turning radius of fire apparatus shall also be provided when a dead-end access roadway (if applicable) is in excess of 150' in length. An all-weather surface shall be provided before construction materials are delivered to the site. 15. A permit to use the building for the purpose of servicing motor vehicles is required from the Fire Department. All vehicle fuel types must be identified on the plan submittal. This information was missing from the information package submitted through the Planning Department. A statement identifying the fuel types of vehicles to be serviced must be shown on the drawings submitted to the Building and Safety Department for evaluation. If CNG, LNG or hydrogen vehicles will be serviced, additional requirements apply. In addition, service CNG, LNG or hydrogen alternate fuel vehicles requires mechanical ventilation that will exhaust a minimum of I cubic per minute per square foot of garage space. Exhaust inlet openings shall be located within 6 inches of the floor. Exhaust duct openings shall be located to effectively remove vapor accumulations from all parts of the area. System must be independent of the heating and air conditioning systems and must operate continuously. 16. Floors must drain to an approved oil separator or trap discharging to sewers in accordance with the Plumbing code. If an alternate method is considered, an evaluation will be required for spill control in accordance with UBC and UFC requirements. 17. Portable fire extinguishers with a minimum rating of 3A30 BC shall be provided within 50 feet of all portions of the building in the service garage area and 75 feet in all other areas. The locations, and classifications, must be provided on the initial drawing submitted to the Building and Safety Department for evaluation. 18. Rooms, buildings, or areas used for storage, dispensing, use, mixing, or handling of flammable and combustible liquids shall be provided with spill control and secondary containment. Information showing locations of any above ground tank locations were not shown on this informational submittal. This information must be provided with r the initial drawings submitted to the Building and Safety Department for evaluation. 19. Floors in the service garage must be coated with a non -absorbent material. K Resolution No. 2006-21 March 21, 2006 20. If any area may accumulate flammable vapors in basements or pits, the basement or pit must have ventilation designed to prevent accumulation of those vapors. CFC, Section 2902.5. 21. Alterations, or demo, to the area must comply with CFC, Article 87 and CBC, Chapter 33. A copy of the asbestos testing report must be submitted with initial submittal to the Building and Safety Dept. If abatement is required by SCAQMD, an • additional permit from the fire Department is required. 22. Gated access to the property is required to have a card reader installed which will open the gate automatically, for emergency personnel, with a master card. jj. Engineering Division Requirements: 1. Comply with all conditions contained in Planning Commission Resolution No. 567. 2. The required street improvements shall include that portion of Garvey Avenue contiguous to the subject property. 3. Adequate provision shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 4. Parking lot and driveway improvements on private property for this use shall comply with Planning Commission Resolution No. 2513 and be constructed to the City of West Covina Standards. 5. 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. 6. Prior to issuance of 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 Department and Engineering Division. b. 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. c. 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. d. An itemized cost estimate for all on -site and off -site improvements to be constructed (except buildings) shall a submitted to the Engineering Division 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. r 7. Comply with all regulations of the Los Angeles Regional Water Quality Control Board and Article H of Chapter 9 of the West Covina Municipal Code concerning Stormwater/Urban Run-off Pollution control. 8. Provide a Soils Report and submit construction site grading plan. Show sewer connections. Pay all Engineering plan check, inspection and permit fees. E Resolution No, 2006-21 March 21, 2006 SECTION 6. The City Clerk shall certify as to the passage of this Resolution. PASSED AND APPROVED on this 2151 day March 2006. Mayor Shelley Sanderson ATTEST: ity Clerk La 'e Carrico I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 21" day March 2006, by the following vote of the City Council: AYES: Hernandez, Herfert, Lane, Touhey, Sanderson NOES: None ABSENT: None ABSTAIN: None ity Clerk 4aiffie Carrico EXPIRATION DATE: March 21, 2007 if not used. APPROVED AS TO FORM: ,/ 4= Ci Attorne Arn d Alvarez-Glasman 40