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Resolution - 2006-83RESOLUTION NO.2006-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PRECISE PLAN NO. 06-12 ON APPEAL OF PLANNING COMMISSION ACTION PRECISE PLAN NO. 06-12 CATEGORICAL EXEMPTION •APPLICANT: Stephan Mkhitarian LOCATION: 709 N. Sunset Avenue WHEREAS, there was filed with this Council a verified application on forms prescribed by the Council, a request for a precise plan to remodel an existing 1,118 square -foot building to include a convenience store, on that certain property generally described as: Assessor's Parcel Number 8458-003-010, in the records of the Los Angeles County Assessor; and WHEREAS, consistent with this request the applicant requested a conditional use permit for the operation of a service station; and WHEREAS, the Planning Commission upon giving the required notice did on the 261h day of September, 2006 conduct a duly advertised public hearing as prescribed by law to consider said application; and WHEREAS, the Planning Commission did adopt Resolution No.06-5171 approving the application; and WHEREAS, on September 29`h, 2006 an appeal of the Planning Commission action was filed by Davinder Singh; and WHEREAS, the City Council did, on the 6`h day of October, 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 applicant is requesting approval of a precise plan for the remodel of an existing 1,118 —square foot service station to include a convenience store and a conditional use permit for the operation of a service station. 2. This precise plan application is submitted in conjunction with a request for approval of Conditional Use Permit No. 06-10, to allow for the operation of a service station. 3. 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 is 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. Resolution No. 2006-83 October 17, 2006 4. Pursuant to Section 15303 of the California Environmental Quality Act (CEQA), the proposed project is considered to be Categorically Exempt (Class 3, New Construction of Small New Facilities) in that it consists of remodeling an existing service station. NOW, THEREFORE, the City Council of the City of West Covina does resolve as follows: • SECTION 1. On the basis of evidence presented, both oral and documentary, the City Council makes the following findings: a. The proposed project meets or exceeds all applicable Municipal Code requirements, including but not limited to, setbacks, parking spaces, landscaping and building coverage. Additionally, the project has been designed in conjunction with the requirements of the Engineering Division, Building Division, and Fire Department. The project proposes landscaping around the perimeter of the site boundaries adjacent to the surrounding street right-of-ways and neighboring properties. The landscaping will serve to soften the visual appearance of the proposed buildings and parking areas. The proposed project is compatible with the surrounding land uses with regards to the proposed uses and architecture. b. The proposed project will not depreciate property values or 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 within a commercial area, and the general compatibility of the project with the surrounding area. The site consists of a corner lot and has two street frontages. The remaining property boundaries are adjacent to multi -family residential and retail. The project has been designed in conjunction with the requirements of the Engineering Division, Building Division, and Fire Department. c. As stated, the project proposes to remodel an existing 1,118-square foot service station and garage for use as a convenience store. The building is improved with a metal frame and has a flat roof. Two existing driveway approaches are located on Puente Avenue and two approaches are located on Sunset Avenue. The existing driveways will accommodate circulation through the site. Both streets are designed to accommodate high traffic volumes. The establishment of the service station and convenience store will not increase parking demand beyond the proposed parking supply. The Municipal Code requires one parking space per 250 square feet for the convenience store. The proposed convenience store requires five parking spaces. New landscaping is proposed along the interior property lines adjacent to the parking area. A total of 1,638 square feet of landscaping will be located on the site, covering nine percent of the property. The Zoning Code requires a minimum of eight percent landscaping coverage. SECTION 2. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, Precise Plan No.06-12 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. 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. 2 Resolution No. 2006-83 October 17.2006 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 October 17, 2006. b. Comply with all applicable sections of the West Covina Municipal Code. c. Comply with all requirements of the "Neighborhood Commercial" (N-C) Zone. d. Color treatment shall be added on the front and side elevations of the building, per Planning Director approval. e. Additional lighting shall be added to the rear of the building in compliance with the City's Parking Lot Design and Lighting Standards, per Planning Director approval. f. The parking layout shall be redesigned to locate parking spaces as close to the entrance of the building as possible, per Planning Director approval. g. Landscaping such as vines shall be placed along all sides of the walls at the rear of the property and planters shall be placed along the front and sides of the building per Planning Director approval. h. Any proposed change to the approved site plan and floor plans shall be first considered by the Planning Department, Engineering Department, Building Division, and Fire Department, and shall require the written authorization of the Planning Director prior to implementation. i. Prior to the issuance of building permits, the applicant shall submit detailed landscaping and irrigation plans to the Planning Director for review and approval. Said plans shall include the type, size, and quantity of landscaping materials, as well as a fully automatic comprehensive irrigation system. The plans shall comply with the City's standards for water efficiency. 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 building permit final. j. All mechanical equipment not shown on the approved Study Plan shall be screened from all views in a manner that is architecturally compatible with the buildings on which they are mounted. 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. k. Prior to the issuance of building permits the applicant shall demonstrate, to the satisfaction of the Planning Director, that all roof mounted mechanical equipment is placed behind a permanent parapet wall and is completely restricted from all ground level views, pursuant to Section 26-568 of the Municipal Code. 1. A site illumination/photometric plan shall be submitted to and approved by the Planning Department prior to,the issuance of grading plans including the provision of • adequate lighting in the rear of the property. All exterior lighting shall be hooded and directed so as to reflect away from adjoining properties. m. All new utilities shall be placed underground. n. Provide a trash enclosure pursuant to Municipal Code Section 26-517. A trellis roof cover shall be included to screen the enclosure from public views. 3 Resolution No. 2006-83 October 17.2006 o. This entitlement does not include approvals for any signs. All signage shall conform to the provisions of the West Covina Municipal Code and shall require review and approval by the Planning Department. p. Engineering Division Conditions: • 1. Comply with all conditions contained in Planning Commission Resolution No. 567. 2. Nine -foot wide sidewalks (with trees in tree wells) shall be constructed along Sunset Avenue and five-foot wide sidewalks with trees in tree wells shall be constructed along Puente Avenue. 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. The existing driveways are required to be reconstructed to meet these 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 be 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. 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 Storm • water/Urban run-off pollution control. q. Building Division Conditions: 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: 4 Resolution No. 2006-83 October 17, 2006 a. Accessible path of travel to entrances from the public sidewalk. Clearly show connection to public sidewalk. b. All sidewalks and curb within any pedestrian path of travel shall be made accessible by use of curb ramps. Clearly show ADA walkway to the restrooms and building entrance c. Accessible parking shall be located at each main entrance. Show min 8 R wide • ADA parking loading zone. d. All employee areas shall be accessible including behind counters and attendants. e. Restrooms shall be ADA accessible. 3. Comply with City Parking standards. 4. 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. 5. All new on -site utility service lines shall be placed underground. 6. Sanitation District Industrial waste approval or waiver is required. (310)945-8200. Floor shall drain to the sewer. There shall be no discharge to the storm drain from the site other than rainwater r. Fire Department Conditions: 1. All new construction.and tenant improvement (T.I.) projects shall require a knox box to be installed at a location determined by the Fire inspector. The box shall contain the properties master key for emergency operations for fire department personnel only. Applications are available •from Fire Administration. Installation shall be completed before the construction final inspection. 2. Fire Department access around the structure shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of 13 feet 6 inches. 3. An approved number or address must 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 height for commercial property of contrasting colors to the background. SECTION 6. The City Clerk shall certify as to the passage of this Resolution. . PASSED and APPROVED on this 17`h day October, 2006. ATTEST: • City Clerk"La 'e Carrico E Resolution No. 2006-83 October 17.2006 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 17"i day of October 2006, by the following vote of the City Council: AYES: Hernandez, Lane, Touhey, Herfert • NOES: Sanderson ABSENT: None ABSTAIN: None City Clerk Laurie earrico'/ EXPIRATION DATE: October 17, 2007 if not used. APPROVED AS TO FORM: 4*5W City Attomey old Alvarez-GGlasman 0