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Resolution - 2012-4RESOLUTION NO.2012-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OVERTURNING THE DECISION OF THE PLANNING COMMISSION AND APPROVING PRECISE PLAN NO. 11-02 AND TREE REMOVAL PERMIT NO.11-04 PRECISE PLAN NO. 11-02 TREE REMOVAL PERMIT NO. 11-04 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Eric Chen, Creative Design Associates, Inc LOCATION: 1607 West Covina Parkway (Southeast corner of West Covina Parkway and West Garvey Avenue South - Civic Center) WHEREAS, there was filed with this Council a verified application on forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code, requesting approval of a precise plan of design to: Construct a four-story 55,680=square foot medical office building with a surface parking lot and expand the parking lot on the south side of the library On that certain property generally described as: A portion of Assessor's Parcel No. 8474-001-906 as listed in the records of the office of the Los Angeles County Assessor; and WHEREAS, consistent with the request, the applicant has also requested a General Plan amendment to change the land use designation on the subject property from "Public Facilities" to "Service and Neighborhood Commercial"; and WHEREAS, consistent with this request, the applicant has also requested a zone change (No. 11-01) from "Public Building" (P-B) .to "Neighborhood Commercial" (N-C); and WHEREAS, a variance (No. 11-08) from parking requirements has been submitted for the development of the project; and WHEREAS, a tentative tract map (No. 71595) has been submitted, for the subdivision of the lot to allow 39 office condominiums and create a parcel; and WHEREAS, the Planning Commission, upon giving the required notice, did on'the 22°a day of November, 2011, conduct, a duly noticed public hearing to consider the subject application for a precise plan (No. 11-02) and tree removal permit (No. 11-04), at which time the Planning Commission adopted Resolution No. 11-5450 denying the application; and WHEREAS, on December 1, 2011, an appeal of the Planning Commission action was filed by Peichin Lee, CGM Development, Inc; and WHEREAS, the City Council did, on the I01h day of January 10, 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: The project consists of a plan to approve the design and allow the construction of a four- story medical office building with 39 condominium units and a surface parking lot with 218 parking spaces on an approximately 2.69-acre development site. In addition, the project includes the expansion of the parking lot on the south side of the library to 129 parking spaces. 2. The project includes a General Plan amendment to change the land use designation from "Public Facilities" to "Service and Neighborhood Commercial." Resolution No. 2012-4 Page 2 3. The project includes a zone change requesting to change the zone from "Public Building" (P-B) to "Neighborhood Commercial" (N-C). 4. The project includes a precise plan for the architecture and site plan layout for the proposed project and a tree removal permit to remove 15 trees located in the front yard setback. 5. The proposal requires the approval of variance to deviate from parking requirements. 6. The applicant is requesting approval of a tentative tract map to subdivide the building into office condominiums. 7. 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 provisions 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. d. The site is physically suitable for the type, density and intensity of the development being proposed, including vehicle access and circulation, utilities, and the 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 do not interfere with orderly development in the vicinity. 8. Pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, a MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT has been prepared indicating that although the project could have a significant effect on the environment, there will not be a significant effect due to mitigating measures. NOW, THEREFORE, the City Council of the City of West Covina does resolve as follows: On the basis of the evidence presented, both oral and documentary, the City Council makes the following findings: a. The proposed construction consists of a 55,680-square foot medical office building on the northwesterly portion of the Civic Center property. The subject site General Plan Land Use Designation is "Public Facilities." This land use designation restricts uses to governmental facilities such as parks, schools, fire stations, libraries and police facilities. Therefore, a General Plan Amendment is being sought in conjunction with this application to amend the General Plan Land Use Designation from "Public Facilities" to "Service and Neighborhood Commercial." The "Service and Neighborhood Commercial" General Plan Land Use Designation primarily encourages retail opportunities such as shopping centers and other neighborhood and service commercial uses that are compatible with adjacent residential areas. In this case, the proposed medical office building will provide medical services that can be accessible to nearby residential areas and citywide. Specifically, one of the goals of the Service and Neighborhood Commercial calls for "Shopping centers and other neighborhood and service commercial uses should be compatible with adjacent residential areas. " With the General Plan amendment and zone change, the proposed project will be consistent with the General Plan and the zone in which the project is proposed. Resolution No. 2012-4 Page 3 b. The proposed project is comprised of a 55,680-square foot, four-story medical office building and an approximately 88,840-square foot surface parking lot that will provide a total of 218 parking spaces. The proposed project includes the expansion of the existing parking lot located to the south of West Covina Public Library. This parking lot will be expanded into open areas of the County of Los Angeles property and reconfigured to increase the number of parking spaces from 42 to 129. The proposed project meets all the development standards of the "Neighborhood Commercial" zone (setbacks, height, landscaping, etc.), except parking for which a variance is being sought. C. The proposed project is compatible with surrounding commercial uses. The site is designed to accommodate efficient vehicular circulation on -site without creating any impacts on adjacent properties. The subject property is adjacent to government offices including the Library and City Hall, and commercial uses across West Covina Parkway to the west. Conditions of approval, including restrictions on noise sources, light, landscaping, and surface water runoff have been placed on the project approval to ensure that the proposed use does not result in an impact on adjacent properties. d. The project site abuts West Covina Parkway that is designated a "Principal Arterial" in the City General Plan, and Garvey Avenue South, which is designated a "Collector" in the City General Plan. Both West Covina Parkway and Garvey Avenue South are designed to carry through traffic and provide access to the site. A traffic study was submitted for the project indicating that the Pacific Avenue/I- 10 westbound on/off ramps/Garvey Avenue would be negatively affected by the project and providing a new/second northbound left -turn lane could mitigate such impacts. Granting the precise plan will not adversely affect the General Plan and will result in an expansion of the economic opportunities and service opportunities while addressing the sensitivity of the existing community. e. The proposed project is located within the Civic Center complex. The building has been designed with one circular tower at the main entrance of the building and one semi -circular tower facing the corner of West Covina Parkway and Garvey Avenue. Both towers will provide an entry to the building. The towers are designed with anodized aluminum trim and blue glazing. An aluminum canopy will project seven feet from the main tower and six feet from the secondary tower located near the corner of West Covina Parkway and Garvey Avenue. The top of the towers will feature a metal aluminum railing above the glass system. The exterior elevations will incorporate a series of 12" x 14" louver vents above the windows on the first through third floor. The ground floor units facing west will have an aluminum canopy at the front entrance. The finish material is cement plaster. The top floor will be painted in an off-white color (Dunn Edwards "Precious Pearls") and the remaining floors will be painted in a reddish brown color (Dunn Edwards "Spice Cake"). Although the height and architectural design is not similar to the rest of the government related office buildings, the addition of the proposed building would not be detrimental to the Civic Center. Most of the Civic Center buildings along Garvey Avenue do not have much visibility from the street unlike the buildings located along Sunset and West Covina Parkway. The proposed building will complement the buildings located along West Covina Parkway. As such, the architecture, site layout, location, shape, bulk and physical characteristics of the ,proposed development are compatible with the existing and future land uses, and do not interfere with the orderly development in the vicinity 2. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, Precise Plan No. 11-02 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, Resolution No. 2012-4 Page 4 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. 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 January 10, 2012. b) That the project complies with all requirements of the "Neighborhood Commercial" Zone and all other applicable standards of the West Covina Municipal Code. c) Theseconditions of approval shall be printed on the working drawings submitted to the Building Division for review. 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). f) Approval of this precise plan is contingent upon, and shall not become' effective unless and until approval of General Plan Amendment No. 11-01, Zone Change No. 11-01, and Mitigated Negative Declaration of Environment Impact by the City Council. g) This approval shall become null and void if building permit is not obtained within two (2) years of the date of this approval. h) The applicant shall sign an -affidavit accepting all conditions of this approval. i) 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 Community Development Commission and that the written authorization of the Planning Director shall be obtained prior to implementation. j) 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. k) All new gutters and downspouts shall not project from the vertical surface of the building pursuant to Section 26-568 (a) (3). 1) 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. m) The existing parking lot on the north side of the library shall not be demolished until the City has authorized such demolition of the parking lot to proceed. n) All approved materials and colors shall be clearly indicated on the plans. Resolution No. 2012-4 Page 5 o) The office center shall comply with the Transportation and Air Quality Control Measures section of the Municipal Code. The office center shall maintain a Transportation Information Area, preferential carpool/vanpool parking, parking designed to admit vanpools, and bicycle parking. The proposal shall comply with the following minimums. • At least one parking space shall be designated as carpool or vanpool parking at all times to comply with the Transportation and Air Quality Control Measures section of the Municipal Code. At least four bicycle parking spaces shall be available on the site at all times to comply the Transportation and Air Quality Control Measures section of the Municipal Code. p) Areas where a two -foot parking space overhang is utilized shall not be calculated as landscaped area for purposes of complying with minimum landscape requirements. q) The exposed retaining and nonretaining walls shall be of decorative' material (slumpstone, split -faced block, stucco, or as approved by the Planning Director). r) A minimum of 17,938 square feet (15.34 percent) of the development site shall be landscaped. Landscaped area sizes shall be submitted with the Landscape Plans. s) The final paving patterns and textures shall match or be of similar quality to the plans reviewed and approved by the Planning Commission. t) 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. u) 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 Planning Director for review and approval prior to the issuance of building permits. v) 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. w) 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. 11 x) 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 Planning Department and:the City Engineer. y) 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. z) That prior to final building permit approval, a detailed landscape and irrigation plan in compliance with AB 1881 shall be submitted for all planted areas to be affected by 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. All Resolution No. 2012-4 Page 6 damaged vegetation shall be replaced and the site shall be kept free of diseased or dead plant.materials and litter at all times. aa) All trees shall be indicated on the grading plan, including trees on, ornear the property line on adjacent properties. The trees shall be marked as to whether they will be preserved or removed. bb) The City may require an Arborist report from a certified arborist to determine if trees on adjacent properties, at or near the property line, can be preserved, per the Planning Director. cc) A barrier fence shall be installed along the property line, prior to commencement of grading, to restrict access onto City property of construction vehicles. This barrier fencing shall be indicated on the grading plan. dd) Provide 118 new trees within the project site as indicated on the conceptual landscape plan submitted by the applicant. At least 30 of these trees shall be 36- inch box or larger size.. The remainder trees shall be at least 24-inch box. These trees shall be installed north of the public library. ee) At the discretion of the Public Works Department, the applicant shall provide a minimum of 50 24-inch box trees to be .planted at City parks (as indicated on memo provided:by applicant dated December 2, 2011) or an in -lieu fee of $200 per tree. ff) Clinging vines shall be installed on all retaining or freestanding walls to assist in deterring graffiti. gg) Graffiti -resistant coatings shall be used on all freestanding or retaining walls, fences, sign structures, or similar structures to assist in deterring graffiti. hh) Any graffiti that appears on the property during construction shall be cleaned or removed on the same business day. ii) A 36-inch high block wall shall be provided on the outside perimeter of all off- street parking areas abutting a public street. The wall shall be setback a minimum of five feet from the property line. If berming is proposed as identified on the preliminary landscape plan, the proposed berm shall be indicated on the grading plan. A wall or berm shall be provided per Section 26-575 of the WCMC. jj) 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 per the standard Engineering Division plans. If the trash enclosure is visible from a public right-of-way, an architectural cover shall be required. If an architectural cover or an alternate design is required or preferred, then approval of construction details by the Building Division is required prior to construction. kk) All medical waste generated by the businesses at the site shall comply with California Medical Waste Management Act (§117600-118360 of the California Health and Safety Code). 11) Any sidewalk, hardscape or parking facility, with potholes, broken, raised or depressed sections, large cracks, mud and/or dust, accumulation of loose material, faded or illegible pavement striping or other deterioration shall be repaired. mm) 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. nn) Prior to requesting a final inspection, the Planning Department shall inspect the development. Resolution No. 2012-4 Page 7 oo) All new utilities shall be placed underground prior to issuance of Certificate of Occupancy. WCMC 23-273. pp) Recordation of the legal parcel with the Los Angeles County Recorder is required prior to issuance of building permits. qq) 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 application. 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 proposal or any improvements required for the Precise Plan. The indemnity shall be contained in a written document approved by the City Attorney. rr) A declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be prepared by the developer/property owner and submitted to the Planning Director and the City Attorney. The CC&R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed. The CC&R's shall be reviewed and approved by the City and recorded prior to the recordation of the final tract map. Written proof of recordation with the Los Angeles County Recorder/Registrars Office shall be provided to the Planning Department. ss) All parking facilities shall comply with the "Parking Lot Design and Lighting Standards." tt) 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. uu) Approval of this precise plan is contingent upon, and shall not become effective unless and until approval of the Mitigated Negative Declaration of Environment Impact by the City Council. The applicant shall comply with the mitigation measures as outlined in the Mitigated Negative Declaration of the Environmental Impact dated September 2011, and as follows: 1. Prior to issuance of building permits, the City Building Official shall verify. that construction plans submitted by the project proponent reflect use of architectural coatings that include the following: • The content of volatile organic compounds (VOC) in proposed architectural coatings shall not exceed 50 g/1 for interior applications. • The content of volatile organic compounds (VOC) in proposed architectural coatings shall not exceed 100 g/1 for exterior applications. Resolution No. 2012-4 Page 8 This measure shall be verified through standard building inspections in light of the performance standard that emissions of volatile organic compounds from application of interior or exterior coatings shall not exceed the daily emissions thresholds established by the South Coast Air Quality Management District. The applicant shall bear the cost of implementing this mitigation. 2. Prior to issuance of grading permits, the City Building Official shall verify that grading plans submitted by the, project proponent identify the location where exported soil is to be transferred and that the identified location is 10 miles or less from the project site. This measure shall be verified in light of the performance standard that criteria pollutant emissions from soil hauling shall not exceed the daily emissions thresholds established by the South Coast Air Quality Management District. The applicant shall bear the cost of implementing this mitigation. 3. If removal of existing, mature trees occurs at any time during March, April, September, or October, a qualified biologist shall visit the site at least 10 days prior to initiation of removal to determine whether migratory, non -game bird species are actively nesting or present in trees proposed for removal. If no bird nests or species are detected during this survey, then tree removal activities may proceed. If migratory, non -game bird nesting 'or presence is confirmed, tree removal shall be delayed until two weeks after the young have fledged or until the species has fled, as confirmed by a qualified biologist. The results of the biologist's survey shall be reported to the Planning Director. The applicant shall bear the cost of implementing this mitigation 4. Prior to excavation and construction of the Project Site, the prime construction contractor(s) shall be cautioned on the legal and/or regulatory implications of knowingly destroying cultural resources or removing artifacts, human remains, bottles and other cultural materials from the Project Site. 5. If potential archaeological materials are uncovered during grading or other earth moving activities, the contractor shall be required to halt work in the immediate area of the find, and to retain a professional archaeologist to examine the materials to determine whether it is a "unique archaeological resource" as defined in Section 21083.2(g) of the State CEQA Statues. If this determination is positive, the scientifically consequential information shall be fully recovered by the archaeologist. Work may continue outside of the area of the find; however, no further work shall occur in the immediate location of the find until all information recovery has been completed and a report concerning it filed with the City Planning Department. The applicant shall bear the cost of implementing this mitigation. 6. If paleontological materials are uncovered during grading or other earth moving activities, the contractor shall be required to halt work in the immediate area of the find, and to retain a professional paleontologist to examine the materials to determine whether it is a significant paleontological resource. If this determination is positive, the scientifically consequential information shall be fully recovered by the paleontologist. Work may continue outside of the area of the find; however, no further work shall occur in the immediate location of the find until all information recovery has been completed and a report concerning it filed with the City Planning Department. The applicant shall bear the cost of implementing this mitigation. 7. If suspected human remains be encountered during grading or other earth moving activities, the contractor shall be required halt work in the immediate area of the find and to notify the County Coroner, in accordance with Section 7050.5 of the California Health and Safety Code, who must then determine whether the remains are of forensic interest. If the Coroner, with the aid of a supervising archaeologist, determines that the remains are or appear to be of a Native American, he/she shall contact the Native American Heritage Resolution No. 2012-4 Page 9 Commission for further investigations and proper recovery of such remains, if necessary. The applicant shall bear the cost of implementing this mitigation. 8. Off -Site Medical Waste Treatment Facilities, as defined in the California Medical Waste Management Act, shall be prohibited. 9. Appropriate erosion control and drainage devices shall be incorporated to the satisfaction of the Building and Safety Division, such as interceptor terraces, vee-channels, and inlet and outlet structures, as specified by Section 91.7013 of the Building Code. 10. Leaks, drips and spills shall be cleaned up immediately to prevent contaminated soil on paved surfaces that can be washed away into the storm drains. 11. Dumpsters shall be covered and maintained. Uncovered dumpster shall be placed under a roof or cover with tarps or plastic sheeting. 12. All vehicle/equipment maintenance, repair, and washing shall be conducted away from storm drains. All major repairs shall be conducted off -site. Drip pans or drop cloths shall be used to catch drips and spills. 13. The project applicant shall implement stormwater BMPs to retain or treat runoff from a storm event producing 3/ inch of rainfall in a 24-hour period. The design of structural BMPs shall be in accordance with the Development Best Management Practices Handbook, Part B — Planning Activities. A signed certificate from a California Licensed civil engineer or licensed architect confirming the proposed BMPs meet this numerical threshold standard is required. 14. Post development peak stormwater runoff discharge rates shall not exceed the estimated pre -development rate for developments where the increase peak stormwater discharge rate will result in increased potential for downstream erosion. 15. All storm drain inlets and catch basins within, and immediately adjacent to the Project Site, as permitted and approved by the Department of Public Works, must be stenciled with prohibitive language (such as "NO DUMPING — DRAINS TO OCEAN") and/or graphical icons to discourage illegal dumping. Legibility of stencil and signs must be maintained at all times. 16. Materials with the potential to contaminate stormwater must be: (s) placed in an enclosure such as, but not limited to, a cabinet, shed, or similar structure that prevents contact with runoff spillage to the stormwater conveyance system; or (2) protected by secondary containment structures such as berms, dikes, or curbs. 17. Storage areas shall be. paved and sufficiently impervious to contain leaks and spills. 18. An efficient irrigation system shall be designed to minimize runoff, including: drip irrigation for shrubs to limit excessive spray; shutoff devices to prevent irrigation after significant precipitation; and flow reducers. 19. During excavation and grading activities, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturer's standards. Construction contractors shall place all stationary construction equipment so that emitted noise is directed away from the West Covina Library, as feasible. Resolution No. 2012-4 Page 10 20. Construction contractors shall locate equipment staging in areas that will create the greatest distance between construction -related noise sources and the West Covina Library during all project construction. 21. Prior to issuance of building permits, the project shall fund construction of an additional northbound left turn lane at the intersection of Pacific Ave. and I-10 Westbound on/off ramps. This measure shall be reflected on construction drawings submitted to the City. 22. The project's final site plan shall incorporate grading for a future sidewalk and street trees behind the future sidewalk along the Garvey Avenue frontage, in accordance with the City's street improvement specifications. If practical, this sidewalk construction will be coordinated with the Caltrans work related to the I-10 HOV Lane improvements that includes a portion of this sidewalk. vv) Public Works 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. All new on -site utility service lines shall be placed underground. 3. A mitigation fee of $200 per tree is required to fund the replacement of City trees if the Developer does not replace trees on a one to one basis, offsite at other locations. The fee shall be paid prior to the issuance of Building permits and based on the final tally of trees. 4. A ten -foot sidewalk with trees and tree wells is required on Garvey, however, this requirement is waived in -lieu of Caltrans commitment to building a future 5-foot sidewalk on Garvey as part of the HOV lane project. 5. Provide direction signage for the library and civic center. To be approved by the City. An easement may be required. 6. A legal parcel is required. No building permits shall be issued until the map is recorded. 7. Obtain approval from LACO for temporary and permanent parking changes to be negotiated by the CDC in a lease revision with the County. ww) 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) Tenant Improvements b) Grading (see Engineering Division, for requirements) c) Retaining walls (see Engineering Division for requirements) d) Block walls exceeding 6 feet in height e) Signs f) Fire sprinkler/Alarm systems (see Fire Department Prevention Bureau for requirements) g) Plumbing h) Mechanical Resolution No. 2012-4 Page I 1 i) Electrical 4. Complete structural plans with calculations will be required. Submit design for review 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 may be 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. WCMC 23-273. 9. A complete building code analysis is required for plan check. .Address type of construction, occupancy, exiting, allowable areas, allowable heights, etc. All calculations shall be presented on the drawings. 1 10. . Compliance with the State of California Accessibility regulations is required, including: 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) Provide design or accessible exit discharge to Garvey Avenue. c) Accessible parking: i) All parking lots shall be provided with accessible parking stalls pursuant to CBC§ 1129. This is inclusive of all guest and employee lots. ii) Shall be located at each main entrance. Where multiple major entrances occur, accessible parking shall be equally distributed among the entrances. iii) 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. d) All employee areas shall be accessible including behind counters and attendants. e) All restrooms serving the building shall be accessible. f) Drinking fountains, if provide shall be accessible. Drinking fountains (high/low) are required to be. installed. g) . 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. 11. Exiting design shall comply with CBC Chapter 10. Preliminary design will need to be corrected. a) Stairs shall be design to incorporate approved areas of refuge per CBC§ 1007. Resolution No. 2012-4 Page 12 b) Elevators shall be designed as an approved accessible mean of (exit per CBC§ 1007. �i 12. Provide handicap ramp from stair No. 1. Ground floor exits shall be accessible. l 13. Provide Fire Alarms and Detection systems complying with CBC § 907 for Group B and M occupancies with occupant load > 500 or with occupant load > 100 above or below the lowest level of exit discharge. CBC § 907.2.2 and CBC § 907.2.7. li 14. Provide fire sprinklers pursuant West Covina Municipal Code § 71118.13. Design and installation shall comply with NFPA-13 standards. ii 15. Total plumbing fixtures required shall be determined by Cal11 ifornia Plumbing Code (CPC) Table 4-1. Use occupant load specified in CPC Table A of Chapter 4. Occupancy load factor not shown in Table ��A shall be determined using California Building Code Table 1004.1.1. Core and shell construction must provide stub -outs to future tenant spaces if common restrooms do not provide complying fixture counts. 11 16. Install curb, sidewalk or planter in place of wheel stops. If a planter is 11 used, landscaping shall be low groundcover or turf and shall notjiexceed the height of the six-inch curb. 17. All retaining and freestanding walls facing the public right of way shall be landscaped with shrubs or vines so as to discourage graffiti. ii, 18. The final map or other legal land division shall be recorded prioir to the issuance of building permits. xx) Engineering Division 1. Comply with all conditions contained in Planning Commission Resolution No. 567. Which outlined the requirements of grading, street improvement, exterior lighting, water supply, all bonds, trees, landscaping, drainage, and building related improvements, etc. II 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. 'j 4. All damaged concrete curbs, gutters, sidewalk, etc., shall be removed and reconstruct per City standard along West Covina Parkway and,; Garvey Avenue South adjacent to subject property. 5. The developer shall either deposit $30,000 prior to the issuance of building permits or provide street rehabilitation work up to centerline of West Covina Parkway contiguous to subject property. 11 it 6. Adequate provision shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 7. Parking lot and driveway improvements on private property for l this use shall comply with Planning Commission' Resolution No. 2513 and be constructed to the City of West Covina Standards. II 8. All of the following requirements, shall be satisfied: I' Resolution No. 2012-4 Page 13 a) A final grading and drainage plan showing existing and prroposed 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. 1 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 and as requested shall be submitted to and approved by the City Engineer. c) . 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. Ili 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 Recorder. 10. The proposed subdivision shall conform to West Covina Municipal Code Chapter 20 - Subdivisions. 11. 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 concerning Stormwater/Urban Run-off Pollution control. 6. The City Clerk shall certify as to the passage of this Resolution. APPROVED AND ADOPTED on this 10th day of January, 2012. 'Mkyor Michael Touhe ATT T: City'Clerk Laur'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 held thereof on the 1 oth. day of January 2012 by the following vote of the City Council: AYES: Herfert, Lane, Touhey NOES: Sanderson, Sykes ABSENT: None ABSTAIN: None APPROVED AS TO FORM: 4CAttorncy Arriodd Alvarez-Glasman