Resolution - 2017-10RESOLUTION NO. 2 0 1 7 — 1 0
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. 16-05
ON APPEAL OF PLANNING COMMISSION ACTION
PRECISE PLAN NO. 16-05
CATEGORICAL EXEMPTION
APPLICANT: LTG South Hills LLC
LOCATION: 1410-1432 S. Azusa Avenue (South Hills Plaza)
WHEREAS, there was filed with this Council, a verified application on the forms prescribed
in Chapter 26, Article VI of the West Covina Municipal Code, requesting approval of a precise plan
to:
Allowing for the remodel of an existing building and accompanying parking lot and
landscaping modifications;
On that certain property described as:
Assessor's Parcel Nos. 8493-040-179 and 8493-040-180, as shown on the latest rolls of
the Los Angeles County Tax Assessor; and
WHEREAS, consistent with this request, the applicant has also requested a conditional
use permit for the operation of a drive-through use in conjunction with the establishment of a fast
food restaurant; and
WHEREAS, consistent with this request, the applicant has also requested an
administrative use permit to allow a Master Plan for outdoor seating; and
WHEREAS, the Planning Commission upon giving the required notice did on the 13 th day
of December, 2016, conduct duly advertised public hearings as prescribed by law to consider said
application; and
WHEREAS, on the 24th day of January, 2017, the Planning Commission did adopt
Resolution No. 17- 5841 denying the application; and
WHEREAS, on January 31, 2017 an appeal of the Planning Commission action was filed by
Loeb & Loeb LLP on behalf of the applicant LTG South Hills LLC ("LTG"); and
City Council Resolution No.
Precise Plan No. 16-05
March 21, 2017- Page 2
WHEREAS, the City Council did, on the 21' day of March, 2017, conduct a duly advertised
public hearing as prescribed by law, and considered evidence presented by the Planning
Commission, Planning Department, and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
1. The project consists of a request for a precise plan for the remodel of a 5,175-square foot
building and accompanying parking lot and landscaping modifications.
2. The applicant is also requesting approval of a conditional use permit to allow for the
operation of a drive-through use in conjunction with the establishment of a fast food
restaurant.
3. The applicant is requesting Administrative Use Permit No. 16-52 to allow a Master Plan
for outdoor seating at 1410-1432 S. Azusa Avenue (South Hills Plaza). The property is
located within the "Neighborhood Commercial" (N-C) Zone.
4. 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.
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.
5. Pursuant to the California Environmental Quality Act (CEQA), the proposed project is
considered to be categorically exempt (Class 1, Existing Facilities) in that it consists of
minor alterations to the site, to the existing structure and the addition of a drive-through.
City Council Resolution No.
Precise Plan No. 16-05
March 21, 2017 - Page 3
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 subject property is designated as "Service and Neighborhood
Commercial" (SNC). Under the General Plan the uses are to be of relative
high intensity and shall be easily accessible. The subject property is located on
the east side of Azusa Avenue, just south of the East Aroma Drive. The
subject property is adjacent to other types of commercial uses. The proposed
precise plan is consistent with the General Plan.
b. The subject property is zoned "Neighborhood Commercial" (N-C). The
proposed remodel of an existing 5,175- square foot retail building to include a
drive-through is consistent with the designated zone of Neighborhood
Commercial (WCMC Sec. 26-597). The proposed use of a restaurant is
allowed by right; the drive-through is allowed as a conditionally permitted
use.
c. The proposed project would not increase impacts to the neighborhood in terms
of traffic, public health, or safety. The proposed restaurant facility will offer
dining opportunities for city residents and visitors. The project site is located
in an area with "Single-Family Residential" (R-1), "Multiple-Family
Residential" (MF-20), and "Neighborhood Commercial" (N-C) uses. The
proposed use of the project site will be complimentary and consistent with the
surrounding uses. The proposed use is similar to the existing uses on site. The
site provides buffers to residential properties to the west, south and east, and
conditions of approval are included to reduce impacts to those properties.
d. Neighborhood Commercial (N-C) uses shall have access to a four-lane or
wider street or highway (WCMC Sec. 26.537-b). The project site is located on
the east side of a principle arterial, South Azusa Avenue (six-lane street),
south of a minor arterial, East Aroma Drive (four-lane street). There are three
vehicular access points which are located on South Azusa Avenue and two
vehicular access points on East Aroma Drive. The project site also provides
sufficient parking for its patrons and employees.
e. The proposed redesign at the South Hills Plaza is compatible with the existing
and future land uses, and does not interfere with the development in the
vicinity. The re-design of the existing retail building maintains an
architectural style that includes mixed facade materials such as plaster, steel-
rod supported awnings, large glass windows, and fabric awnings. The
proposed site modifications for parking and an active open space are also
compatible with the land use. The proposed facility will encourage the
maintenance of aesthetic value to its surrounding land uses.
City Council Resolution No.
Precise Plan No. 16-05
March 21, 2017- Page 4
2. That pursuant to all of the evidence presented, both oral and documentary, and further based
on the findings above, Precise Plan No. 16-05 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.
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 March 21, 2017.
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. Paving materials and treatment shall be provided indicating the type of paving
proposed on the plan check set of plans.
e. All construction shall comply with the provisions of the West Covina Municipal
Code and the requirements of the Engineering and Building Departments.
All ground mounted, wall-mounted and/or roof-mounted mechanical equipment
not shown on the approved Study Plan shall be screened from all view, 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 in the event new
mechanical equipment is proposed at the exterior of the building.
g. Parking spaces shall comply with minimum parking space dimensions of 8'6" by
18'.
City Council Resolution No.
Precise Plan No. 16-05
March 21, 2017 - Page 5
h. The location of electrical transformers or other mechanical equipment, not
indicated on the approved Study Plan, must be approved by the Planning Director.
i. The proposed business shall not constitute a public nuisance as defined under
Section 15-200 of the West Covina Municipal Code.
The approved use shall be in compliance with the Noise Ordinance (Chapter 15).
k. 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.
I. Licenses and permits as required by Chapter 14 of the West Covina Municipal Code
shall be obtained before the start of the operation of the business.
m. Prior to the issuance of building permits, a detailed landscape and irrigation plan in
compliance with AB 1881 and Executive Order B-29-15 shall be submitted to and
approved by the Planning Department for all planted areas to be affected by project.
Said plan shall include type, size, and quantity of landscaping materials to include a
combination of trees, shrubs, and groundcover, as well as a fully automatic
comprehensive watering system. Landscaped 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 Department. All vegetation areas
shall be automatically irrigated and a detailed watering program and water budget
shall be provided. All damaged vegetation shall be replaced and the site shall be
kept free of diseased or dead plant materials and litter at all times. All installation of
landscaping and irrigation shall be completed prior to issuance of a certificate of
occupancy.
n. Any graffiti that appears on the property during construction shall be cleaned or
removed on the same business day.
o. Graffiti-resistant coatings shall be used on all walls, fences, sign structures, or
similar structures to assist in deterring graffiti.
p. Clinging vines shall be installed on all retaining or freestanding walls to assist in
deterring graffiti.
q. 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.
r. 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
City Council Resolution No.
Precise Plan No. 16-05
March 21,2017 - Page 6
shall be submitted to and approved by the Planning Department and the City
Engineer.
S. The Zoning Code gives provisions for up to three one-year extensions to keep
entitlements active. Therefore, prior to December 13, 2017, (if building permits
have not been obtained) you are urged to file a letter with the department
requesting a one-year extension of time. The required submittal is a letter stating
the reasons why an extension is needed, as well as an applicable processing fee.
Please be advised that the applicant will not be notified by the Planning
Department about the pending expiration of the subject entitlement.
t. The applicant shall sign an affidavit accepting all conditions of this approval.
u. That any proposed change to the approved site plan, floor plan or elevations be
reviewed by the Planning, Building, Fire and Police Departments and that the
written authorization of the Planning Director shall be obtained prior to
implementation.
v. 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.
w. 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.
x. All trees shall be shown on the grading plan. The plan shall clearly indicate what
trees are to be preserved and what trees are to be removed. Trees that are
preserved should not be topped but should be pruned to preserve their natural
form.
y. All new gutters and downspouts shall not project from the vertical surface of the
building pursuant to Section 26-568 (a) (3).
z. 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.
aa. All new pole mounted parking lot lighting shall be accurately indicated on the site
plan and shall be located within landscaped or hardscaped area. Pole locations
shall be accurately staked prior to installation by the Engineer.
bb. 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
City Council Resolution No.
Precise Plan No. 16-05
March 21, 2017 - Page 7
materials and a solid architectural cover. Provide construction details prior to
issuance of a building permit.
cc. Landscaping shall be installed on all graded surfaces proposed for landscaping as
soon as feasibly possible after the completion of grading operations.
dd. 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.
ee. The applicant shall indemnify, hold harmless and defend the City of West Covina
(City), its agents, officers, and employees from any claim, action, proceeding or
damages against the City, its agents, officers, or employees to attack, set aside,
void, or annul the approval by the City of this Tract Map. Further, the applicant
shall indemnify, hold harmless and defend the City of West Covina (City), its
agents, officers, and employees from any claim, action, proceeding or damages
against the City, its agents, officers, or employees arising out of the action,
inaction or negligence of the applicant, its employees, officers, agents,
contractors, subcontractors, successors or assigns in planning, engineering,
constructing or in any manner carrying out the Tract Map or any improvements
required for the Tract Map. The indemnity shall be contained in a written
document approved by the City Attorney.
ff. 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.
gg. All new utilities shall be installed underground.
hh. All approved materials and colors shall be clearly indicated on the plans.
A Sign Criteria establishing consistent sign standards for the center shall be
submitted prior to the issuance of building permits. The Sign Criteria shall be
approved prior to the issuance of building permits.
Awnings shall be kept clean and well maintained. Worn or damaged awnings
shall be replaced.
kk. A minimum 12-foot turn-around shall be provided in the parking area to the west
of the building. The turn-around area shall include pavement marking and
signage.
11. Areas where a two-foot parking space overhang is utilized shall not be calculated
as landscape area for purposes of complying with minimum landscape
requirements.
City Council Resolution No.
Precise Plan No. 16-05
March 21, 2017- Page 8
mm. Existing trees on the property should not be topped, but should be pruned to
preserve their natural form.
nn. All approved materials and colors shall be clearly indicated on the plans.
00. Prior to requesting a final inspection by the Building Division, the Planning
Department shall inspect the development.
PP. During construction, the delivery of materials and equipment, outdoor operations
of equipment, and construction activity shall be limited to the hours between
7:00 a.m. and 8:00 p.m.
qq. All outstanding fees and any required development impact fees shall be paid
prior to the issuance of a building permit.
rr. All new gutter and downspouts shall not project from the vertical surface of the
building pursuant to Section 26-568 (a)(3).
ss. Engineering Division Requirements:
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.
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. The required street improvements shall include those portions of Azusa
Avenue, and Aroma Drive contiguous to subject property.
4. All existing concrete driveway approaches and wheelchair ramps shall be
removed and reconstructed to meet current ADA standards.
5. All damaged concrete curbs, gutters, sidewalk, etc., shall be removed and
reconstructed per City standard.
6. The developer shall either deposit $30,000 prior to the issuance of
building permits or provide street rehabilitation work up to centerline of
Aroma Drive contiguous to subject property.
7. Full width sidewalk shall be maintained along Azusa Avenue and Aroma
Drive. Street trees in tree wells shall be installed at the rear of the sidewalk
with irrigation contiguous to property.
City Council Resolution No.
Precise Plan No. 16-05
March 21, 2017- Page 9
8. Adequate provision shall be made for acceptance and disposal of surface
drainage entering the property from adjacent areas.
9. 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.
10. 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) 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.
d). A soil erosion and sediment control plan shall be submitted to and
approved by the Planning Department and Engineering Division.
1 1 . 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.
12. Construct trash enclosure with solid cover in compliance with Los
Angeles Regional Water Quality Control Board requirements.
13. Provide safe path of travel from Azusa Avenue.
tt. Building Division Requirements:
City Council Resolution No.
Precise Plan No. 16-05
March 21, 2017 Page 10
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 2013 California Building Code
(CBC). Projects submitted after 12/22/2016 shall be design in
accordance to the 2016 California Building Code.
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) Demolition work
d) Retaining walls (see Engineering Division for requirements)
e) Block walls exceeding 6 feet in height
0 Signs
g) Fire sprinkler/Alarm systems (see Fire Department Prevention
Bureau for requirements)
h) Plumbing
i) Mechanical
Electrical
4. Complete architectural plans prepared a by State licensed architect will be
required. Submit design for review at formal plans review.
5. Complete structural plans with calculations by State licensed engineer or
architect will be required. Submit design for review at formal plans review.
6. Compliance to California T-24 Energy regulations will be required. Submit
design for review at formal plans review.
7. Compliance to California Green Building Code will be required. Submit
design for review at formal plans review.
8. Separate plumbing, mechanical and electrical plan check will be required.
Submit design for review at formal plans review.
9. A soils and geology report is required to address the potential for and the
mitigation measures of any seismic induced landslide/liquefaction. Soils
report shall address foundation design and site preparation requirements.
10. Los Angeles County Health Department approval is required for
restaurant/kitchen/other food services. - Phone (626) 430-5560.
11. Sanitation District Industrial Waste approval or waiver is required. Please
contact (562) 699-7411, Ext 2900 for additional information.
City Council Resolution No.
Precise Plan No. 16-05
March 21, 2017 - Page 11
12. 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 value
or area. WCMC 23-273.
13. A complete code analysis is required. Address type of construction,
occupancy, exiting, allowable areas, allowable heights, etc. Provide a
summary on the drawing.
14. Compliance with the State of California Accessibility regulations is required,
including:
a) Building entrances shall be provided with an accessible path of travel
connecting the building entrances from the public sidewalk,
accessible parking, and other buildings or essential facilities located
on the site.
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 restrooms serving the building shall be accessible.
d) Aisles and seating shall be accessible.
e) 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 1117B.2.9.2 for text
telephones where there are at least 4 phones on the site.
1.5. West Covina Municipal Code requires fire sprinklers on all new buildings
exceeding five thousand (5,000) square feet in floor area... WCMC § 7-18.13.
16. Total plumbing fixtures required shall be determined by California Plumbing
Code (CPC).
17. If restaurant is proposed, Grease interceptor is required. Design and
installation shall comply with California Plumbing Code.
18. If restaurant is proposed, Type 1 grease duct is required. Provide complete
design per California Mechanical Code.
City Council Resolution No.
Precise Plan No. 16-05
March 21, 2017 - Page 12
pp. Fire Department Requirements:
1. NFPA 13D/13R/13 Fire Sprinkler System.
2. NFPA 72 — Fire Alarm/Fire Sprinkler Monitoring System.
3. NFPA 17/17A Dry/Wet Chemical Extinguishing System.
4. NFPA 10 — Portable Fire Extinguishers.
5. Required Fire Flow of 1500 GPM @20 PSI for 2 hours.
6. Provide/ensure 1 fire hydrant within 250 feet of the property line.
7. Provide a minimum 25-foot fire lane with/without approved turnaround.
8. Additional Fire Department Requirements may be set upon future review of a
full set or architectural plans.
qq. Police Department Requirements
1. Install CCTV system with the following specifications:
a) 960H (960 X 480) recording resolution
H.264 video compression
c) Real-time recording 30 fbs per channel @ 960 H resolution
d) 2048 bit rate
e) Hard disk drive with sufficient number of TB to capture and retain
data for the minimum 30 day preservation period.
0 Fixed cameras with complete coverage of areas that do not
infringe on the privacy of citizens, PTZ (pan, tilt, zoom) optional,
but no more than 180 degrees. Coverage to minimally include all
common areas inside and outside the physical buildings, stairwells
and parking areas.
g) Recordings preserved for a minimum of 30 days (30 day loop
minimum)
h) DVR must contain a USB port for police department personnel to
easily access system and download video
SECTION 1. Based on the evidence presented, both oral and documentary, the City Council
approves Precise Plan 16-05.
City Council Resolution No. 2017-W
Precise Plan No. 16-05
March 21, 2017- Page 13
PASSED, APPROVED AND ADOPTED this 21' day of March, 2017.
Corey arshaw
Mayor
APPROVED AS TO FORM:
Kiniberly HallInatlow
City Attorney
ATTEST:
I, 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 on the 21' day of March, 2017, by
the following vote of City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Johnson, Warshaw, Spence, Wu
Toma
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