Resolution - 2012-32RESOLUTION NO.2012-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE
PLANNING COMMISSION TO APPROVE PRECISE PLAN NO.12-01
PRECISE PLAN NO. 12-01
CATEGORICAL EXEMPTION
APPLICANT: John Healy For Westfield Eastland Shopping Center
LOCATION: Eastland Mall along Workman Avenue East of the Former CVS Drug
Store
WHEREAS, there was filed with this Council, a verified application on the forms prescribed
in Chapter 26, Articled VI of the West Covina Municipal Code, requesting approval of a precise plan
to:
Allow the construction of a 4,988-square foot bank building on that certain property
described as:
Assessor's Parcel No. 8451-012-040 in the records of the Los Angeles County
Assessor; andl
WHEREAS, consistent with this request, a conditional use permit for operation of a
drive -through has been submitted; and
WHEREAS, the Planning Commission upon giving the required notice did on the 27th day
of March, 2012, conduct duly advertised public hearings as prescribed by law to consider said
application; and
WHEREAS, 1'the Planning Commission did adopt Resolution No.12-5464 approving the
application; and
WHEREAS, on April 9', 2012 an appeal of the Planning Commission action was: filed by
the office of Palmieri, Tyler, Wiener, Wilhelm & Waldrons representing 2539 EGAN, LLC, and
Eastland Tower Partnership; and
WHEREAS, he City Council did, on the lst day of May, 2012, conduct a duly advertised
public hearing as prescribed by law, and considered evidence presented by the Planning
Commission, Planning Department, and other interested parties.
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
1. The project consists of a request for precise plan to allow the construction of a 4,988-
square foot bank building with two walk-up ATMs located in the vestibule of the main
entrance.
2. The applicant is also requesting a conditional use permit (CUP No. 12-01) to allow for
two drive -through service aisles for drive -through automatic teller machines (ATM)
service.
3. Appropriate findings for approval of a precise plan of design are as follows:
a. The proposed development plans and the uses proposed are consistent with the
General Plan and any applicable specific plan.
b. The proposed development is consistent with adopted development standards for
the zone and complies with all other applicable provision of the Municipal Code.
C. Granting the permit would not be detrimental to the public interest, health, safety,
and welfare and would not unreasonably interfere with the use or enjoyment of
property in the vicinity of the subject property.
Resolution No. 2012-32
Page 2
d. The
and
e is physically suitable for the type, density and intensity of the
ment being proposed, including vehicle access and circulation, utilities,
absence of physical constraints.
e. The architecture, site layout, location, shape, bulk and physical characteristics of
the proposed development are compatible with the existing and future land uses,
and to not interfere with orderly development in the vicinity.
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 the construction of a 4,988-square foot bank
building.
NOW, THEREFORE, the City Council of the City of West Covina does resolve as follows:
1. On the basis of the evidence presented, both oral and documentary, the City Council makes
the following findings:
a. The project consists of a request for a precise plan to allow for the construction of a
4,988-square foot building to be occupied by a bank. The site is currently improved
with parking facilities that include approximately 71 parking spaces. The'.existing
71 parking spaces will be removed to accommodate the new development. The
proposed development is a single -story bank building that includes two 'walk-up
ATMs located in the vestibule of the main entrance. Additionally, the applicant is
requesting a conditional use permit for the operation of a remote drive -up ATM with
two lanes. The property is zoned "Regional Commercial" (R-C) Zone. The
"Regional Commercial" land use designation in the General Plan specifies,
"Regional Commercial designation is those areas that should be developed with
facilities of regional significance providing a complete line of shop and store types,
restaurant and entertaining facilities, as well as business and financial services." The
proposed precise plan is consistent with the General Plan.
The proposed use and development is consistent with the City's General Plan since
it will provide a service to the nearby residential areas. In addition, the proposed
project will be located on the northerly portion of the shopping center adjacent to
Workman Avenue. Workman Avenue is an arterial street and therefore, the
proposed bank can also serve residents in the nearby residential areas. One of the
goals of the General Plan Land Use Element is to "Arrange land uses with regard to
the health, safety, convenience, and welfare of the residents of the City." As such,
the proposed project is consistent with the General Plan.
b. The project consists of a proposal to construct a 4,988-square foot bank building.
The applicant is also requesting the approval of a conditional use permit for the
operation of a remote drive -up ATM with two lanes. The project proposes parking
and landscaping improvements. The proposal complies with the requirements of the
"Regional Commercial" (R-C) Zone. Therefore, the proposed project will:or
exceed) all applicable Municipal Code requirements, including but not limited to,
parking spaces, landscaping, and building coverage.
C. The proposed bank building will provide additional banking services in the area.
The site is currently improved with parking facilities. The proposed project will
add to the banking services available to the community. The project will include
landscaping throughout the site. Granting the permit would not be detrimental to
the public interest, health, safety, and welfare and would not unreasonably
interfere with the use or enjoyment of property in the vicinity of the subject
d. Proposed project will be located within a shopping center, which allows for a
wide array of uses including banks. The proposed bank can be accessed from
Workman Avenue and Citrus Street. The shopping center provides several access
points along Workman Avenue, Citrus Street, and Barranca Avenue. The tenant
Resolution No. 2012-32
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2
9
pad is physically suitable for the proposed project and adequate to accommodate
the size, shape, parking and all required development standards set forth in the
West (Covina Municipal Code. The subject site is also located within an
urbanized area where utility connections are readily available.
e. The proposed building is contemporary in Istyle and is designed in accordance
with Chase Bank's new corporate architecture. A tower element on the east
elevation is the tallest portion of the building at 25 feet. The tower element is
designled.with a hip roof and features a medium bronze metal tile roof. The main
entrance of the building is clearly defined by its design. The building will
incorporate brick veneer on all elevations to carry the brick theme that � already
exists (within the shopping center. The operating characteristics of the proposed
bank are compatible with existing and future land uses as long as the conditions of
approval are met all times.
That pursuant to all of the evidence presented, both oral and documentary, and further based
on the findings above, Precise Plan No. 12-01 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.
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.
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 plans reviewed by the City Council on May 1, 2012.
b. Comply with all applicable sections of the West Covina Municipal Code.
C. Comply with all requirements of the "Regional Commercial" (R-C) Zone.
d. The approved use shall not create a public nuisance as defined under Section 15-
200 of the West Covina Municipal Code.
e. The approved use shall be in compliance with the Noise Ordinance (Chapter 15).
R
f... This precise plan approval shall become null and void if building permit is not
obtained within one (1) year of the date of this approval.
g. The applicant shall sign an affidavit accepting all conditions of this approval.
h. All new gutters and downspouts shall not project from the vertical surface of the
building pursuant to Section 26-568 (a) (3).
i. All new ground -mounted, wall -mounted and/or roof -mounted equipment not
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 concealment shall be submitted, to the
Resolution No. 2012-32
Page 4
Director for review and approval prior to the issuance of building
j. The location of new electrical transformers, vaults, antennas, mechanical and all
other equipment not indicated on the approved plans must be approved by the
Planning Director prior to the issuance of building permit. Provide construction
details prior to issuance of a building permit.
k. All new 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 Engineer.
1. 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.
in. 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.
n. That prior to final building permit approval, a detailed landscape and irrigation
plan in compliance with Assembly Bill 1881 shall be submitted for all planted
areas for the project. Plans shall include type, size and quantity of landscape
materials and irrigation equipment. All vegetation areas shall be automatically
irrigated and a detailed watering program and water budget shall be provided.
o. All landscape areas shall be maintained at all times. Damaged vegetation shall be
replacled and the site shall be kept free of diseased or dead plant materials and
litter at all times.
P. Clinging vines shall be installed on all retaining or freestanding walls to assist in
deterring graffiti.
q. Graffiti -resistant coatings shall be used on all walls, fences, sign structures, or
similar structures to assist in deterring graffiti.
r. Any graffiti that appears on the property during construction shall be cleaned or
removed on the same business day.
S. All trees to be removed and preserved shall be shown on the grading plan. The
plan shall clearly indicate what trees are to be preserved and what trees are to be
t. 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 a solid architectural cover. Provide construction details prior to
issuance of a building permit.
U. This approval does not include approval of signs; a separate sign permit shall be
obtained. All signs shall be required to comply with the City of West Covina
Sign Code and the sign criteria of the shopping center.
V. In the event that the availability of parking is negatively impacted, the Planning
Commission shall review the conditional use permit for the use and may, at its
discretion, modify or impose new conditions or suspend or revoke the conditional
use permit pursuant to Section 26-253 of West Covina Municipal Code.
W. Any 'sidewalk, hardscape or parking facility, with potholes, broken, raised or
depressed sections, large cracks, mud and/or dust, accumulation of loose material,
fadedor'illegible pavement striping or other deterioration shall be repaired.
Resolution No. 2012-32
Page 5
X. Parking lots or other paved areas with a cracked, broken or otherwise
deteriorating surface, in excess of ten (10) percent of the surface area shall be
considered a nuisance and shall be repaired.
Y. All new utilities shall be placed underground prior to issuance of Certificate of
Occupancy. All relocated on -site utility service lines shall be underground when
the cost or square footage of an addition or alteration exceeds 50% of the existing
value �or area. WCMC 23-273.
Z. 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, for annul the approval by the City of this case file. 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 file or any improvements required
for the case file. The indemnity shall be contained in a written document approved
by the City Attorney.
aa.. Comply with all requirements of the "Art in Public Places" ordinance (WCMC
Chapter 17), prior to the issuance of building permits. Artwork shall be installed
or required fee paid prior to issuance of Certificate of Occupancy.
bb. The ATM canopy shall be a color consistent with the colors of the building.
CC. Should significant safety or aesthetic issues arise due to maintenance or operation
of thei ATM, the City of West Covina may require that the ATM(s) be removed.
dd. Comply with California Financial Code Section 13040, in relation to the
illumination, construction and operation of ATM's.
ee. In case that the automated teller machines cease to function or the use of the bank
is abandoned, the ATM(s) structure and all equipment associated shall be
removed within 30 days of the discontinuance of the use. In addition, the site
shall be paved or improved to the approval of the Planning Department. A private
lease for a facility located on private property is encouraged to include terms for
equipment removal, since the property owner shall be ultimately responsible for
removal of the structure, equipment, and restoration of the site.
ff. 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.
gg. All approved materials and colors shall be clearly indicated on the plans.
hh. Building Division
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. Building design shall comply with the 2010 California Building Code (CBC)
3. Separate application(s), plan check(s), and permit(s) is/are required for:
a) Grading (see Engineering Division for requirements)
b) Demolition work (for existing building if exist at site)
c) Retaining walls (see Engineering Division for requirements)
d) Signs
e) Plumbing
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ii.
g)
0
Mechanical
Electrical
,te structural plans with calculations will be required. Submit design for
at formal plans review.
5. Compliance to California T-24 Energy regulations will be required. Submit
design for review at formal plans review.
6. Separate plumbing, mechanical and electrical plan check maybe required.
Submit design for review at formal plans review.
7. A soils and geology report is required to address the potential for and
mitigation measures of any seismic induced landslide/liquefaction Soils
report shall address foundation design and site preparation requirements.
8. All new on -site utility service lines shall be placed underground. All relocated
on site utility service lines shall be underground when the cost or square
footage of an addition or alteration exceeds 50% of the existing valuei,or area.
WCMC 23-273.
9. A complete code analysis is required. Address type of construction,
occupancy, exiting, allowable areas, allowable heights, etc. All calculations
shall be presented on the drawings. Justify opening protection per CBC Table
704.8. Provide a summary on the drawing.
10. Compliance with the State of California Accessibility regulations is required,
a. Accessible path of travel to entrances from the public sidewalk and
accessible parking. Clearly show connection from the building entrance
to the public sidewalk/accessible parking. The accessible path shall be:
i. Located outside of the drive aisle (vehicular path)
ii. 48" minimum width
iii. Slope no more than 5% in the direction of travel with cross slope
no more than 2%.
iv. Any curb within a pedestrian path of travel shall be made
accessible by curb ramps.
b. Accessible parking:
i. Shall be located at each main entrance. Where multiple major
entrances occur, accessible parking shall be equally distributed
among the entrances.
ii. Shall be 9 feet wide by 18 feet deep and be provided ° with a
loading and unloading passenger access aisle of 8 feet wide for
Van space and 5 feet wide for regular accessible spaces.
c. All employee areas shall be accessible including behind counters and
attendants.
d. All restrooms serving the building shall be accessible.
e. Aisles and seating shall be accessible.
f. All public telephones, if provided, shall be accessible. At least one and
25% shall be equipped for hearing impaired, volume control. At least
one telephone shall comply with CBC 111713.2.9.2 for text telephones
where there are at least 4 phones on the site.
g. Total plumbing fixtures required shall be determined by California
Plumbing Code (CPC).
,ineering Division
11
1. Comply with all conditions contained in Planning Commission Resolution No.
56',7. Which outlined the requirements of grading, street improvement,
Resolution No. 2012-32
Page 7
lighting, water supply, all bonds, trees, landscaping, drainage, and
related improvements, etc.
2. 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.
3. All existing concrete driveway approaches and wheelchair ramps shall be
removed (if required) and reconstructed to meet current ADA requirements.
4. All damaged concrete curbs, gutters, sidewalk, etc., shall be removed and
reconstruct per City standard.
5.. Adequate provision shall be made for acceptance and disposal of surface
drainage entering the property from adjacent areas.
6. 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.
7. 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
oil the subsequent water purveyor/owner of the facilities.
8. Prior to (issuance of Building Permit) (approval of a final map), 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) and an erosion control plan, ;shall be
submitted to and approved by the Planning Department and Engineering
Division.
b) A geotechnical report prepared by a geotechnical or soils engineer; shall be
submitted to the Engineering Division
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.
9. 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
10. Comply with all regulations of the Los Angeles Regional Water Quality
Control Board and Article II of Chapter 9 of the West Covina Municipal Code
concernina Stormwater/Urban Run-off Pollution control.
jj. Fire
1. Contact the Fire Department for specific requirements.
Resolution No. 2012-32
Page 8
6. The City Cl(
ATTEST:
Clerk
1
shall certify as to the passage of this Resolution.
ROVED AND ADOPTED on this 1st day of May, 2012.
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 held thereof on the 1st day of May, 2012 by the following vote of
the City Council:
AYES: Herfert, Sanderson, Sykes, Touhey
NOES: None
ABSENT: None
RECUSE: Sotelo . f .
City Clerk aurie Carrico
DATE: May 1, 2012
EXPIRATION DATE:
May 1, 2013 if not used.
APPROVED AS TO FORM:
N
Attorney ,<rnoldlAlvarez-Glasman