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.
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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.
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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:
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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
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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
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