Loading...
HomeMy Public PortalAbout08. Architectural Commission Appeal - Motel 6Claremont City Council Agenda Report File #: 4467 TO: ADAM PIRRIE, CITY MANAGER FROM: BRAD JOHNSON, COMMUNITY DEVELOPMENT DIRECTOR DATE: NOVEMBER 22, 2022 RIIR_IFCT- Item No: 8. Reviewed by: City Manager: AP Finance Director: NB APPEAL OF ARCHITECTURAL COMMISSION APPROVAL OF ARCHITECTURAL AND SITE PLAN REVIEW #22-A07 FOR A PROPOSED LANDSCAPE PLAN AT 840 SOUTH INDIAN HILL BOULEVARD - APPELLANT: BHUVNESHWARI CORPORATION DBA MOTEL 6, SAPNESH AMIN. SUMMARY On October 26, 2022, the Architectural Commission, by a 6-0 vote, approved Architectural and Site Plan Review #22-A07 for a proposed landscape plan for the Motel 6 property at 840 South Indian Hill Boulevard (the "AC Approval"). The AC Approval is subject to twenty-five conditions (A through Y). The resolution memorializing the AC Approval is included with this report as Attachment 1. On November 7, 2022, legal counsel for Bhuvneshwari Corporation, d/b/a Motel 6 ("Motel 6") submitted an appeal of Motel 6's AC Approval. A copy of Motel 6's appeal is included with this report as Attachment 2. Motel 6's appeal asserts objections to two distinct City actions - (1) The administrative citations the City issued to Motel 6 in April of 2022 relating to the condition of the landscaping on the Motel 6 property; and (2) The AC Approval of Motel 6's proposed landscape plan. The first action (i.e., Code enforcement) was not within the Architectural Commission's purview and is outside the scope of this appeal. The vast majority (arguably all) of Motel 6's objections in the appeal before the City Council relate to the first action. The second action (i.e., the AC Approval) is the only action at issue in this appeal. CLAREMONT Page 1 of 16 Printed on 11/17/2022 powered by LegistarTM Staff's response to each concern identified in the appeal and additional reports and information used by the Architectural Commission in reaching its decision are contained in this report. As set forth in more detail below, staff recommends the City Council deny the appeal and affirm the decision of the Architectural Commission. It is important to note that, although there are broader quality -of -life issues occurring on and around the Motel 6 property, this appeal only relates to Motel 6's landscape plan. The City's Community Improvement and Police Department personnel are working with Motel 6 on Code enforcement and law enforcement issues, and the City's Planning Commission and Police Commission are currently studying the City's options for a new or revised motel ordinance to help the City address broader health, safety, and welfare issues associated with freeway motels. Those broader issues were outside the scope of the Architectural Commission's review of Motel 6's application for a landscape plan and are outside the scope of this appeal. Staff recommends that the City Council adopt a resolution denying the appeal of and affirming the Architectural Commission approval of Architectural and Site Plan Review #22-A07 (Attachment 7). RECOMMENDATION Staff recommends that the City Council: A. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, DENYING THE APPEAL OF AND AFFIRMING THE ARCHITECTURAL COMMISSION'S APPROVAL OF ARCHITECTURAL AND SITE PLAN REVIEW #22-A07 FOR A PROPOSED LANDSCAPE PLAN AT 840 SOUTH INDIAN HILL BOULEVARD; and B. Find this item is not subject to environmental review under the California Environmental Quality Act (CEQA). ALTERNATIVES TO RECOMMENDATION In addition to the recommendation, there are the following alternatives A. Continue the item. B. Find that significant new evidence has been presented and, by minute motion, refer the matter back to the Architectural Commission for reconsideration. C. Grant the appeal and amend one or more of the following: (1) the landscape plan that was approved by the Architectural Commission; (2) the Architectural Commission's findings; and/or (3) one or more of the Architectural Commission's conditions of approval. Depending on the nature and extent of the amendments, this may require the City Council to continue the hearing to give staff time to prepare a revised resolution. D. Grant the appeal and reverse the Architectural Commission's decision by determining that the project does not meet one or more of the required design review criteria for approval, and specifically identify why the criteria cannot be met. This alternative will require the City Council to continue the hearing to give staff time to prepare a revised resolution. It will result in Motel 6 needing to submit a new application for an Architectural and Site Plan Review for a landscape plan that complies with the City's design review criteria, commercial landscaping standards, and water -efficient landscaping standards. FINANCIAL REVIEW This appeal has taken staff time to review the appeal, prepare and review this report, and prepare CLAREMONT Page 2 of 16 Printed on 11/17/2022 powered by LegistarTM and circulate the agenda. This additional staff cost is estimated to be $5,000, much of which are legal fees. These costs will be paid by the applicant/appellant (Motel 6). ANALYSIS Background The Motel 6 property is located at 840 South Indian Hill Boulevard, directly south of the 1-10 Freeway. It includes a motel (on the northern part of the property) and a tennis club (on the southern part of the property). It is surrounded by the 1-10 Freeway to the north, single-family residences to the east and south, and commercial uses (restaurants and a gas station) to the west along Indian Hill Boulevard. oil '_ t T �•F r.1`.�A� Motel 6 Property The land use entitlements for the Motel 6 property date back to 1969 when the City's Planning Commission ("PC") approved Conditional Use Permit #1101 for a motel and an adjacent automobile service station. In 1970, the City's Architectural Commission ("AC") approved a site plan and design features for the motel, and in 1971, the City's Planning Division approved a landscape plan for the motel. A copy of the original approved landscape plan for the motel was Attachment B to the Architectural Commission's Agenda Report. (See Attachment 3.) Among other landscaping, it required approximately seven trees (Canary Island Pine and Evergreen Pear) and 48 Oleander shrubs along the eastern property line of the northern motel portion of the Motel 6 property. CLAREMONT Page 3 of 16 Printed on 11/17/2022 powered by LegistarM 1971 Approved Landscape Plan for Motel (Excerpt depicts eastern property line) In 1973, the AC approved Site Plan Review #6302 for the tennis club on the southern portion of the Motel 6 property. Staff was unable to locate the 1973 landscape plan for the areas surrounding the tennis courts; however, the minutes from the May 23, 1973 AC meeting indicate that the tennis club's landscape plan required "dense landscaping" along the eastern and southern property lines to screen the tennis courts and their lighting from adjacent residences. (See Attachment 5.) Claremont's Commercial Landscaping Standards In 1978, the City Council approved commercial landscaping standards through the adoption of Ordinance 78-38. Those standards are codified in Chapter 8.22 of the City of Claremont Municipal Code. Among other things, those standards require: • Section 8.22.002 - "All commercial landscaping areas" must "be planted with suitable plants, shrubs, grass, ground cover and trees as may be required by the Architectural Commission or the department of community development." • Section 8.22.004 - "Plantings" must be "replaced as needed in accordance with the approved landscaping plan" and "modifications to the approved landscaping plan" are "subject to review and approval by the department of community development or the Architectural Commission." • Section 8.22.005 - "[W]eeds, trash and debris" must be "removed from the landscaped area." • Section 8.22.006 - "Failure to maintain any commercial landscaping shall be considered a public nuisance." In accordance with the State of California's Water Conservation in Landscaping Act (AB 1881) (Gov. Code §§ 65591 et seq.), the City Council adopted Water Efficient Landscape Requirements in 2010 through the adoption of Ordinance No. 2010-02. Those requirements are codified in Chapter 16.131 of the City of Claremont Zoning Code. Section 16.131.030 of that Chapter requires that "prior to installation, a landscape documentation package shall be submitted to the City for review and CLAREMONT Page 4 of 16 Printed on 11/17/2022 powered by LegistarM approval of all landscape projects..." and requires "[t]he landscape documentation package shall include a certification by a professional appropriately licensed in the State of California stating that the landscape design and water use calculations have been prepared by or under the supervision of the licensed professional and are certified to be in compliance with the provisions of this chapter and the guidelines." Finally, Chapter 16.154 of the City's Zoning Code imposes numerous Environmental Protective Standards. Section 16.154.060 of that Chapter requires "yards" to "be maintained in a manner which is compatible with and which does not have a detrimental effect on adjacent or nearby property" and specifically identifies the following as a "detrimental and/or unsightly condition" - "junk, trash, or debris" and "[v]egetation that is diseased, dead, or presents a danger to the public." Condition of Landscapinq on Motel 6 Property Due in large part to neglect, the condition of the areas designated for landscaping on the Motel 6 property have degraded significantly over the years. The irrigation system has fallen into disrepair or been turned off, causing most vegetation to die. Motel 6 (or contractors for Southern California Edison, with Motel 6's permission) have removed and "topped" trees without authorization from the City. Since at least February of 2021, the areas designated for landscaping along Motel 6's eastern property line, northern property line, and southern property line, and the areas surrounding the tennis courts on all sides have been largely bare. The lack of required landscaping has resulted in an unsightly condition. Trash and debris regularly collect in bare planter areas, and there is inadequate screening, particularly along the eastern property line that abuts residential properties. This does not comply with the approved landscape plans for the property (from 1971 and 1973), nor the City's current landscaping standards and has resulted in numerous complaints from members of the community. Photographs of the current condition of Motel 6's landscaping were included as Attachment D to the Architectural Commission's Agenda Report. (See Attachment 3.) F Code Enforcement Actions - Administrative Citations & Pending Appeal After numerous warnings and years of effort to gain voluntary compliance, in April of 2022, the City issued administrative citations to Motel 6 primarily for violations of the City's commercial landscaping requirements. To cure these violations, Motel 6 needed to submit an application for a landscape plan that complies with the City's current standards for commercial landscaping, including its water - efficient landscape requirements and the City's architectural review criteria. CLAREMONT Page 5 of 16 Printed on 11/17/2022 powered by LegistarM Motel 6 has filed an appeal to challenge the administrative citations the City issued. The City's appeal process for administrative citations is set forth in Chapter 1.14 of the Claremont Municipal Code. It requires appeals to be heard by a hearing officer (not the City Council or any City Commission). Motel 6's appeal was heard by a hearing officer on August 9, 2022, and the hearing officer's decision is pending. The administrative citations for Code violations were not within the Architectural Commission's purview and are outside the scope of this appeal. AC Approval of Motel 6's Landscape Plan In April of 2022, Motel 6 submitted an application for Architectural and Site Plan Review of a landscape plan prepared by a licensed landscape architect (Soltis) for the Motel 6 property ("Version 1.0"). The new plan would re -landscape the property with drought -resistant and low-water usage trees and plants and require the installation of a new automatic irrigation system with a higher efficiency level, including drip systems. City staff requested some changes to Motel 6's original submittal, which Motel 6 agreed to, and its landscape architect incorporated into a revised submittal ("Version 2.0"). For example, Motel 6's original refined submittal (i.e., Version 1.0) would have to use bamboo along the east property line, but at the request of a neighboring resident, Motel 6 revised its plan (i.e., Version 2.0) to use Indian Laurel Fig Hedge Shrub (Ficus M. Nitida-Column) instead. The landscape plan that Motel 6 submitted to the AC for approval (i.e., Version 2.0) is Attachment C to the AC's Agenda Report. (See Attachment 3.) The plan the AC ultimately approved included additional changes ("Version 3.0"). The differences between Version 2.0 (Motel 6's revised submittal) and Version 3.0 (approved by AC) are discussed below. • Eastern Property Line (next to residences): Version 2.0 required that 20 Indian Laurel Fig Hedge Shrub (Ficus M. Nitida-Column) in 24-inch box size be used to screen the motel property from neighboring residences. With proper installation and irrigation, this hedge -row should grow quickly in height. Version 2.0 called for this screening vegetation to run from the northeast corner of the property down the eastern property line to the northern edge of tennis courts (i.e., in the middle of the property). In Version 2.0, the area between the tennis courts and the neighboring residences (discussed in the next bullet point) would not receive this screening treatment. Version 3.0 (approved by AC) extended this screening treatment all the way down the eastern property line to the southern border of the property. It also required the landscape areas between the parking stalls and the fence to be widened (which would require the size of the parking stalls to be reduced) and increased the size of the Indian Laurel Fig Hedge Shrub (Ficus M. Nitida-Column) from 24-inch box size to 36-inch box size. (See Attachment 1, Condition B.) • Tennis Court Landscape Areas: City Ventures, a Southern California -based residential townhome builder, is currently in escrow to purchase the tennis court area of the Motel 6 property to re -develop this area into a residential use. Motel 6 requested that, as a temporary (interim) condition, the City accept bark mulch for the areas surrounding all of the tennis courts, including the setback and parkway areas along American Avenue (next to residences). Version 2.0 would have allowed for this, subject to a condition of approval that the interim period not exceed 24 months. CLAREMONT Page 6 of 16 Printed on 11/17/2022 powered by LegistarTM Version 3.0 (approved by AC) reduced the interim period from 24 months to 12 months and required that mulch be replenished or replaced after the initial six months. (See Attachment 1, Condition G.) • Northern Property Line (next to 1-10 Freeway): Versions 2.0 and 3.0 both require four evenly spaced Water Gum trees to be installed to assist with additional screening of the freeway views. Pacific Mist Manzanita and Desert Spoon shrubs will be installed between the trees. • Central Open Space/Pool Area: Versions 2.0 and 3.0 both require new re -design of this central landscape court surrounding the pool area with a combination of larger format shade trees south of the pool (three 36-inch box Camphor, one 48-inch box Engelmann Oak), a series of medium-sized trees east and west of the pool (seven 24-inch box Desert Museum Palo Verdes, two 24-inch box Eastern Redbuds), and north of the pool (nine 24-inch box Eastern Redbuds). This central landscape court also includes three semi -circular planter areas with Waxleaf Privet shrubs to provide privacy to the pool area, Pacific Mist Manzanita shrubs, and waterwise Kurapia turf for groundcover areas. Version 3.0 also includes a requirement that the empty swimming pool be filled immediately. (See Attachment 1, Condition Y.) • Main Entry: Versions 2.0 and 3.0 both require the main entrance area to be enhanced by retaining the one large existing Queen Palm tree, adding five, 24-inch box Queen Palm trees, and removing all existing Ficus trees. The Palm entry focal point would surround all sides of the porte-cochere as an entry statement to the motel lobby area. • Parking Areas: Versions 2.0 and 3.0 are the same. With the exception of four existing parking lot finger tree wells within the easterly parking lot area, all remaining Ficus Trees in the finger wells throughout the parking lots will be replaced with 24-inch Brisbane Box (Lophostemon Confertus) trees. Two 48-inch box Englemann Oaks will also be planted within two larger landscape planter areas in the eastern parking lot area as identified on the attached plan. • Trash Enclosure (northeast corner of Property: A trash enclosure is currently located on the northeast corner of the property next to residences. A former property owner modified the original trash enclosure area by erecting an unpermitted wooden storage structure and created a smaller trash enclosure area with a six-foot high wood fence. Because the revised enclosure does not meet City standards and in response to neighboring property owners' complaints about the odor, noise, cleanliness, and safety of the trash enclosure being directly across from their backyards, staff initially requested that the owner relocate and construct a new trash enclosure along the midpoint of the north property line. Motel 6 did not agree to move the trash enclosure on the basis that it was cost prohibitive to pour new concrete footings in a different location. As a result, Version 2.0 would have allowed the trash enclosure to stay in its current location but required the unpermitted storage area to be removed and the trash enclosure to be re -constructed to the dimensions required by the City's prior approvals with the new enclosure brought up to date with the current City standards. At the AC hearing, several residents reiterated their concerns about the location of the trash enclosure. Among other concerns, they commented that: CLAREMONT Page 7 of 16 Printed on 11/17/2022 powered by LegistarTM o They can smell the trash enclosure from their backyards-, o Debris blows out of the enclosure into their yards-, o The enclosure attracts rats and other vermin-, o The enclosure needs to be emptied frequently, including very early in the morning, and it is very noisy and disruptive-, and o People are climbing the trash enclosure to jump over the wall and access their backyards. In response, Version 3.0 (approved by AC) requires the trash enclosure to be moved from the northeast corner of the property (next to residences) to the northwest corner of the property (next to the freeway). (See Attachment 1, Conditions I & J.) ANIL I - "I ' �" e Attachment D to Attachment 3 • Dry Well: Versions 2.0 and 3.0 are the same. A dry well is designed on the north side of the existing storage shed in the northeast corner of the property (near the existing trash enclosure) to mitigate existing drainage issue that occurs during rain events. • Roof -Mounted Lighting: Without permits or other City approvals, former ownership of the Motel 6 property installed roof -mounted area lights throughout the metal mansard roof system on all three motel buildings. This type of light fixture creates light pollution on the entire property and has been a source of complaints over the years. Versions 2.0 and 3.0 both include a condition of approval that the property owner remove all roof -mounted area lights and return to a parking area lighting system to the freestanding lighting approved in Motel 6's prior design review approvals. (See Attachment 1, Condition D.) Attachment D to Attachment 3 • Colored Lighting on Front Entry Porte-Cochere Columns: The owners have also installed blue - colored bulbs at the front entry porte-cochere columns which are not consistent with Motel 6's design review approvals. The owners initially agreed to return the bulb color to a more CLAREMONT Page 8 of 16 Printed on 11/17/2022 powered by LegistarM traditional color within a range of a less saturated or bright color. Versions 2.0 and 3.0 both include a condition of approval limiting all exterior fixtures to a maximum color temperature rating of 3,000 Kelvin. (See Attachment 1, Condition D.) This warmer color and narrow spectrum help reduce dark skies impacts as well as health impacts to humans (Blue light, light with Kelvin ratings higher than 3,000 Kelvin in evenings can affect human circadian rhythms). The more traditional color of lighting is also important to improve safety and accessibility for people with vision impairments (e.g., at night, steps, and contrasting colors are less visible when the lighting is blue). Attachment D to Attachment 3 A representative for Motel 6 (Sapnesh "Sam" Amin) and Motel 6's landscape architect (Chris Soltis) attended the AC's hearing on Motel 6's proposed landscape plan on October 26, 2022 and provided public comment. The AC approved Version 3.0 of the landscape plan by a 6-0 vote. A copy of the approval resolution is included in Attachment 1. Motel 6's Appeal of its AC Approval On November 7, 2022, legal counsel for Motel 6 (Anju Multani) submitted an appeal of the AC Approval. A copy of Motel 6's appeal is included with this report as Attachment 2. Section 16.321.020 (C) of the Claremont Zoning Code requires an appeal to "set forth alleged inconsistency or non- conformity with procedures or criteria set forth in or pursuant to this title" (i.e., the Zoning Code). Staff recommends the City Council reject the appeal and affirm the decision of the AC on the basis that the appeal does not meet this threshold requirement. Staff's responses to the objections raised in the appeal are set -forth in the table below. It is important to note that Motel 6 did not raise these objections before or during the hearing on the AC approval. In addition to the procedural defect noted above, staff recommends the City Council reject the appeal and affirm the decision of the AC because none of these objections are valid bases to overturn the AC decision. Appeal (Direct Quotes) City's Response 1. Pa. 1 last : The citations were This is outside the scope of this appeal. The issued by City with a list of the administrative citations were not within the purview violations, in a conclusory manner. of the Architectural Commission. Motel 6 has The verbiage of the alleged separately appealed the administrative citations, violations was not provided to and that appeal is pending. Owner. Owner was required to correct the alleged violations "immediately." CLAREMONT Page 9 of 16 Printed on 11/17/2022 powered by LegistarTM 2. P . 2 first : The citations on the See response to objection #1 above. dates they were issued were in violation of 1.14.030 (A), (B). The Codes alleged to be violated are vague and vest discretion in the City that can be arbitrarily and capriciously determined. 3. Pa. 2 first : None of the citations Section 8.22.003 of the Claremont Municipal Code listed 8.22.003 as a violation. Yet, states "[a]II plantings required shall be irrigated by the City has considered irrigation an approved sprinkling system." Consistent with as an issue to be remedied by this Section, the AC Approval requires Motel 6's Owner. landscaping to be irrigated by an approved sprinkling system. The fact that the City did not issue administrative citations to Motel 6 for not having an approved irrigation system does not eliminate or change this requirement. 4. P . 2 first : Owner was not Section 8.22.008 provides an opportunity to afforded an opportunity of appeal appeal a nuisance abatement order relating to the pursuant to 8.22.008. condition of commercial landscaping. The City has not issued a nuisance abatement order to Motel 6. The procedure for appealing administrative citations is in Chapter 1.14, and the procedure for appealing the AC Approval is in Chapter 16.321. Motel 6 has availed itself of both of those appeal procedures. 5. P . 2 first : City changes the time Like the previous objection, this objection is limits for pursuing an appeal. referencing the deadline and procedures for an Owner was informed he has 10 appeal of a landscaping -related nuisance days to submit an appeal to City abatement order. (CIVIC § 8.22.010.) As noted Council, but the Code provides for above, the City has not issued a nuisance 15 days of the mailing of the abatement order to Motel 6. See response to decision. (8.22.010). City has not objection #4 above. The deadline to appeal the complied with the provisions of this AC Approval was 10 days. (CMC § 16.321.010 Code section. (B).) 6. P . 2 second : City misled The City disputes this, but it is outside the scope of Owner with assurances that this appeal. See response to objection #1 above. citations would not be issued as Owner was working to remedy the alleged violations. CLAREMONT Page 10 of 16 Printed on 11/17/2022 powered by LegistarTM 7. Pci. 2 third IT. City's The City cannot provide a meaningful response to communications with Owner were this objection. The appeal does not disclose which ambiguous. City's communications requirements the City purportedly changed, nor imposed changing requirements. does it provide the Attachments it references. (Attachment 13. page 51; Nevertheless, the City disputes that any of its Attachment 14, page 65, 66 requirements "changed" or were "ambiguous." [illegible] There are many ways Motel 6's landscape plan could meet the City's requirements for commercial landscaping (Chapter 8.22), requirements for water -efficient landscaping (Chapter 16.131), and architectural review criteria (§ 16.300.060). City staff worked with Motel 6 and its landscape architect for many months to assist Motel 6 in understanding its options. 8. P . 2 fourth : City considered The City cannot provide a meaningful response to biased and unfounded statements this objection, and it appears to relate to the from residents. (Attachment 16, administrative citations (not the AC Approval). If page 90) so, then this objection is outside the scope of this appeal. See response to objection #1 above. The appeal does not disclose which "biased" comments that the AC or City staff purportedly considered. Staff's recommendations and proposed findings were based on staff's personal observations of the site (not on statements from residents). 9. P . 2 fifth : City indicated it had The Agenda Report and staff presentation for the been communicating with Owner AC did not reference the length of time the City for over two years. There is no communicated with the Owner about the condition evidence to support the claim. of Motel 6's landscaping. This information had no (Attachment 18, page 105 bearing on the AC Approval. 10. Pa. 2 sixth : There was no issue The administrative citations are outside the scope of trees indicated in the Citations of this appeal. See response to objection #1 issued. (CIVIC 1.14.026 above. In addition, the Code Section referenced in this objection (§ 1.14.026) relates to City -owned trees (such as City street trees). To staff's knowledge, Motel 6 did not remove or damage any City -owned trees - it removed and/or damaged its own trees. 11. P . 2 seventh : The letter from The February 24, 2022 letter referenced in this City dated 2/24/22 also violates objection is one of many written warnings the City CIVIC 1.14.030 (A) and (B) provided to Motel 6 before resorting to (Attachment ; 8. page 105) The 6 administrative citations. The appropriate time to violations listed were to be raise concerns about those written warnings was corrected within 14 days to 43 in connection with Motel 6's appeal of the citations. days. The time frame elected by The administrative citations are outside the scope the City had no rationale basis. of this appeal. See response to objection #1 The issues posed and the dates above. for correction imposed an undue burden and hardship on Owner. CLAREMONT Page 11 of 16 Printed on 11/17/2022 powered by LegistarTM 12. P . 2 eighth : A subsequent See responses to objections #1 and #11 above. 'notice' of violations (which notice is not in conformance with the CIVIC was dated March 2, 2022 (Attachment 19, page 107). There is no clarification of what were the supplementary violations, and who reported them to City. The notice to Owner is inadequate. 13. Pa. 2 ninth : On March 10, 2022, See responses to objections #1 and #11 above. via email, City listed numerous other claimed violations. This email violates CIVIC 1.14.026. (Attachment 21, page 109). Owner requested clarification of the ongoing transmissions of ever increasing violations. (Attachment 21. page 110) 14. Pa. 2 tenth : On March 10, 2022, See responses to objections #1 and #11 above. City sent a communication, noting other issues of alleged violations. No Code sections were cited. Arbitrary dates for compliance were imposed. (Attachment 22, page111) 15. Pa. 2 last : RD, on behalf of City staff's communications with Motel 6's Owner, emailed City on 4/5/2022. contractor (RD Duran) in April of 2022 had no City did not consider this evidence. bearing on the AC Approval. (Attachment 24, page 135) City claimed the email from RD went into a spam folder. 16. P . 3 first : Jerssey Ardila City staff's communications with Motel 6's civil communicated with City to get engineer (Ms. Ardila) had no bearing on the AC information on how to effectuate Approval. corrections. Ms Ardila noted that she was a civil engineer who was working on the property together with RD (Attachment 31, page 157) 17. P . 3 first : City refused to The City disputes this. See response to objection provide guidance on how #7 above. The City provided guidance that compliance could be achieved. resulted in at least two versions of the landscape plan that complied with the City's requirements (i.e., Versions 2.0 and 3.0). 18. P . 3 second : City refused to The City disputes this, but it is outside the scope of acknowledge the issues and this appeal. See response to objection #1 above. restrictions caused by the pandemic. CLAREMONT Page 12 of 16 Printed on 11/17/2022 powered by LegistarTM 19. P . 3 third : City would not The landscape plan Motel 6's contractor (RD) provide guidance on what species submitted in April of 2022 did not comply with the of trees were acceptable. Yet, City's Codes for a variety of reasons. For example, when a plan was submitted, City it was not prepared by a licensed landscape rejected the proposal on the architect (or any other "professional appropriately grounds that " ... proposed species licensed in the State of California"). (CIVIC § of trees .. is inappropriate." There 16.131.030.) Staff's email notified Motel 6 that "the as no clarification of why the proposed species of tree for the east property species was inappropriate. This line" (i.e., next to a wall and residences) "is communication occurred on April inappropriate." RD's landscape plan proposed 19, 2022 by email. City then Pinus canariensis (Canary Island Pine) and imposed new requirements for the Koelreuteria bipinnata (Chinese Flame) in the trees. narrow landscape area between the parking stalls and the wall on the eastern property line. Canary Island Pines planted in narrow 3 foot planter areas have proven problematic throughout the Claremont area. Issues include adjacent hardscape damage due to insufficient planter space. The City did not impose "new" requirements for trees. As noted above, there are many ways Motel 6's landscape plan could meet the City's requirements for commercial landscaping (Chapter 8.22), requirements for water efficient landscaping (Chapter 16.131), and architectural review criteria (§ 16.300.060). City staff worked with Motel 6 and its landscape architect for many months to discuss Motel 6's options. See response to objection #7 above. 20. P . 3 third : The notice regarding See responses to objections #1 and #11 above. these requirements was not in conformance with CIVIC 1.14.030. (Attachment 36, page 168) 21. Pa. 3 fourth : On October 26, This paragraph appears to be provided as 2022 the Architectural Commission background information. The appeal does not held a meeting. The Commission specify which "further requirements," if any, Motel imposed further requirements for 6 objects to. Owner. 22. P . 3 fifth : SCE removed trees The City acknowledges that some of the trees under their authority. along the eastern property line were removed by Southern California Edison in February of 2022. Other trees were removed by Motel 6. Ultimately, the identity of the person or entity responsible for removing the trees does not change the fact that the current condition of Motel 6's landscaping does not comply with its 1970s landscaping approvals nor the City's current Code. The AC Approval would bring the landscaping into compliance. CLAREMONT Page 13 of 16 Printed on 11/17/2022 powered by LegistarTM 23. P . 3 fifth : SCE or others This is a private dispute between Motel 6, installed cameras on the pole Southern California Edison, and a neighboring which intrudes upon the privacy property owner that is outside the scope of this rights of Owner appeal. The City does not have jurisdiction over Southern California Edison's utility poles. 24. P . 3 sixth : The Codes, as The appeal does not identify which Codes or worded, are vague and overbroad. ordinances Motel 6 contends are "vague and They are not clearly or specifically overbroad." Motel 6's licensed landscape architect defined. This allows the vesting of (Mr. Soltis) used the Codes to prepare a unbridled discretion in the City, landscape plan that staff supported (Version 2.0), allowing for interpretation as it and the AC ultimately approved the plan with suits the needs of the City. minor modifications (Version 3.0). The City did not Manhattan Sepulveda, Ltd. v. City have "unbridled discretion" - the landscaping of Manhattan Beach (1994) 22 standards and architectural review criteria are Cal.AppAth 865 The vagary of the outlined in Chapters 8.22 and 16.131, and Section ordinances allows for prejudicial 16.300.060 of the Claremont Municipal Code. abuse of discretion. 25. P . 3 seventh : Abuse of This is a general statement of law with no discretion is established if the explanation of how it relates to any of the City's respondent has not proceeded in actions. The appeal does not allege that the City the manner required by law, the "has not proceeded in the manner required by order or decision is not supported law," nor does it allege that the AC's decision by the findings, or the findings are approving Motel 6's Architectural and Site Plan not supported by the Review "is not supported by the findings" or that evidence."' (Doe v. University of the AC's findings are "not supported by the Southern Califomia(2018) evidence." If the AC's decision was not supported 28Cal.App.5th 26, 34; see Code by the findings or if the findings were not Civ. Proc., §1094.5 (b); Lateef vs supported by evidence, then the AC would have City of Madera (2020) 45 CA5th been required to deny Motel 6's application. 245. 26. P . 3 eighth : Appellant refers to Mr. Weiser (legal counsel for Motel 6) did not and incorporates the constitutional provide any letters in connection with the AC arguments raised by Frank Weiser Approval. He provided at least two letters in as counsel for Owner in his letter connection with Motel 6's appeal of its to City. administrative citations. The City responded to those letters in connection with that appeal process. Mr. Weiser's letters and the City's responses to them are outside the scope of this appeal. See response to objection #1. 27. P . 3 last : All of the above are Most of the objections in the appeal challenge grounds for an appeal of the Motel 6's administrative citations, not the AC Commission's decision of Approval. Only the objections to the AC Approval 10/26/2022. are grounds for appeal. 28. P . 3 last : Owner has not been As noted above, the hearing on the administrative served with any decision from the citations is still pending. The hearing officer has hearing officer and therefore not issued his decision yet. reserves his right to appeal any such decision, or proceed to the appropriate legal forum. CLAREMONT Page 14 of 16 Printed on 11/17/2022 powered by LegistarTM Date of Appeal Hearinq Section 16.321.020(E) of the Claremont Zoning Code requires that an appeal "be forwarded to the City Council for a hearing at their next available meeting, considering notice requirements, or a later date if the applicant agrees." (Underlining added.) The pending appeal suspends the action being appealed (CIVIC § 16.321.020(D)); as a result, the AC Approval and its associated compliance deadlines will not go into effect until this appeal is resolved. Motel 6's legal counsel requested the hearing be postponed until, at the earliest, February 14, 2023, to accommodate her availability. Staff gave this request careful consideration, but the deteriorated condition of Motel 6's landscaping is having ongoing significant negative impacts on the residents of neighboring homes and the surrounding community. In addition, at the AC hearing, Motel 6's owner (Mr. Amin) acknowledged that he has stopped watering the existing landscaping in anticipation of it being replaced in the very near future. Under these circumstances, staff determined a delay of more than two months was not appropriate. Staff made sure Motel 6's legal counsel was aware that the appeal hearing will be after close of business and that she can appear by Zoom or telephone. If the City Council would like to grant this request, it has the ability to continue the hearing "by vote of the City Council." (CIVIC § 16.321.020 (E).) LEGAL REVIEW The appeal and this staff report have been reviewed and approved by the City Attorney. RELATIONSHIP TO CITY PLANNING DOCUMENTS Chapter 16.321 of the Claremont Zoning Code allows any person aggrieved by any decision, of a Commission to file an appeal of such action. Appeals of Commission decisions are reviewed by the City Council. CEQA REVIEW The landscape plan is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15304(b) (Class 4) for Minor Alterations to Land, in that the project entails the replacement of existing landscaping with new water -efficient landscaping. Therefore, no further environmental review is necessary. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Copies of the appeal as well as the project plans are available for review at the Public Counter at City Hall. In addition, notice of this meeting was mailed to properties within 700 feet of the subject property. A copy of this report has been sent to the Appellant and its legal counsel, and other interested parties. Submitted by: Prepared by: Brad Johnson Alisha Patterson Community Development Director City Attorney CLAREMONT Page 15 of 16 Printed on 11/17/2022 powered by LegistarTM Attachments: 1 - 10/26/22 AC Resolution Approving Architectural and Site Plan Review #22-A07 2 - Motel 6's Appeal of AC Approval of Architectural and Site Plan Review #22-A07 3 - AC Agenda Report for Architectural and Site Plan Review #22-A07 A - Draft Approval Resolution B - 1971 Landscape Plan C - Proposed Landscape Plan D - Photos of Current & Past Conditions 4 - 10/26/22 Staff Presentation on Architectural and Site Plan Review #22-A07 5 - 10/26/22 Minutes of the Architectural Commission's Hearing on Architectural and Site Plan Review #22-A07 6 - 1973 Minutes of the Architectural Commission's Hearing on Landscape Plan for Tennis Club 7 - Draft City Council Resolution Denying Appeal and Affirming AC Approval CLAREMONT Page 16 of 16 Printed on 11/17/2022 powered by LegistarTM ATTACHMENT 1 RESOLUTION NO. 2022-11 A RESOLUTION OF THE ARCHITECTURAL COMMISSION OF THE CITY OF CLAREMONT, CALIFORNIA, APPROVING ARCHITECTURAL AND SITE PLAN REVIEW #22-A07, PROPOSED LANDSCAPE PLAN AT 840 SOUTH INDIAN HILL BOULEVARD — APPLICANT — BHUVNESHWARI CORPORATION WHEREAS, on April 18, 2022, the applicant filed a request to re -landscape all existing landscape areas; and WHEREAS, 840 South Indian Hill Boulevard contains an existing two-story motel constructed in 1972; and WHEREAS, the property is located in the Commercial Freeway District (CF). Under the CF District, motels are a conditionally permitted use and intended to provide for a concentration of major commercial uses such as hotels, service stations, restaurants, auto sales, and big box retail uses that are dependent on their exposure to large volume freeway traffic, and uses that are related to and serve the needs of the motoring public; and WHEREAS, on October 13, 2022, a notice of public hearing regarding the Architectural Commission review of the design of the proposed project was mailed to owners of and residents of properties located within a 700-foot radius of the subject site; and WHEREAS, the Architectural Commission held a public hearing on October 26, 2022, at which time all persons wishing to testify in connection with the proposal were heard and said proposal was fully studied. NOW, THEREFORE, THE CLAREMONT ARCHITECTURAL COMMISSION DOES HEREBY RESOLVE: SECTION 1. The Architectural Commission has determined that the proposal is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15304(b) (Class 4) for Minor Alterations to Land, in that the project entails the replacement of existing landscaping with new water efficient landscaping. Therefore, no further environmental review is necessary. SECTION 2. The Architectural Commission finds that the review criteria of Section 16.300.060.A of the Claremont Municipal Code (CMC) can be met in regards to the above - described project as follows: A. Conformity with Development Standards - The proposed project is in conformity with all development standards for the Commercial Freeway (CF) zoning district as follows: Setbacks: There are only front and street side yard building setbacks of 10 feet required in the CF zone. The existing buildings meet the required setbacks therefore, the proposed project is in conformity with the zone's setback requirements. The non -conforming parking lot perimeter landscape areas do not meet the minimum five feet required today, however this is considered a legal, non -conforming condition that may be retained. Architectural Commission Resolution No. 2022-11 Page 2 2. Building Height: The existing building heights are below the maximum 30-foot height allowed for a building or structure in the CF zoning district. This project only deals with landscaping replacement. 3. Parking: The proposed parking complies with the parking requirements in effect at the time it was constructed in 1972. B. General Plan Consistency - The proposed project is consistent with the following goals/policies of the Claremont General Plan: 1. Pursue Code enforcement actions to advance proper maintenance of homes, buildings, yards, and neighborhoods in all areas of the City (Policy 2-2.3); in that the proposed project is the result of code enforcement action taken by the City to repair damaged trees, landscaped areas, replace solid waste enclosure and exterior lights that do not comply with City standards, and provide for proper landscape screening to adjacent land uses such as the single family homes along Drake Avenue and American Avenue. 2. Enforce property maintenance standards to help ensure neighborhoods are kept up, recognizing that property taxes generate significant revenue to the City. (Policy 3-1.7); in that the proposed project is the result of the City requesting the property owner to bring the property maintenance and landscaping up to established City standards. 3. Minimize noise from property maintenance equipment, construction activities and other non -transportation noise sources by enforcing designated construction and maintenance hours (Policy 6-12.3); in that the project has been conditioned to respect the noise levels and allowed construction hours in commercial zones adjacent to single family residential zones. C. Compatibility of Form with Surrounding Development — There are no new proposed buildings that will unduly interfere, nor visually dominate the existing development pattern of the surrounding motel property; however, the augmented landscape plan is intended to bring the landscaping on the site to a level similar to other commercial properties in the City. D. Compatibility of Quality with Surrounding Development — The proposed project features a well -considered landscape design theme that employs high -quality materials that reflect the drought conditions the City is currently experiencing and planning ahead for global warming conditions and the need for more sustainable landscape designs with lower irrigation requirements. E. Internal Consistency of Design — The replacement landscaping and required improved lighting features are internally consistent with the motel use. F. Privacy — The new landscaping proposed with the project will return privacy screening to the adjacent residential uses adjacent to the east property line, which was allowed to deteriorate and be removed over past years. G. Internal Circulation - The circulation patterns, which have served the motel use for nearly fifty years, will remain in place and not be altered as part of the project. H. Sustainability — The proposed landscape and irrigation modifications will enhance the landscape while substantially reducing water usage for outdoor landscape areas. A completely new irrigation system, including drip irrigation will replace the existing Architectural Commission Resolution No. 2022-11 Page 3 inefficient system. Trees and plant materials will be removed and replaced with drought tolerant materials in consideration of global warming conditions being experienced across the State. The enhanced landscaping and climate appropriate plants are intended to thrive and provide larger canopies that will increase shade on the site and reduce the heat-island effect. Tree Preservation — Existing mature trees will be removed with this project, however the majority of these existing trees were pruned and trimmed over many years in an inappropriate manner that has destroyed their canopy and branch structure. The large California Redwood and Southern Magnolia trees are high water usage species with little canopy and are currently dying due to lack or water. Proposed tree species are anticipated to thrive in the local climate and provide a larger canopy over time. J. Light and Air — No new structures are being proposed with this project this project consists of landscaping, irrigation, and lighting replacement. K. Environmental Protections - The proposed development has been reviewed pursuant to the requirements of the California Environmental Quality Act (CEQA), for the reasons stated above in Section A. L. Health and Safety - The visual effect of the development from view from adjacent public streets and neighborhoods will not be detrimental to the public interest, health, safety, convenience, or welfare. It features a re -designed landscape palette that is appropriate in design and water usage consistent with the other re -landscaping projects around the City of Claremont. The new screen hedge -row along the eastern property line will return a privacy screen once in place for the adjacent single family homes backyards. SECTION 3. The Architectural Commission hereby approves Architectural and Site Plan Review #22-A07 based on the review criteria as outlined in Sections A and B above, subject to the following conditions of approval: A. This approval is for the proposed re -landscaping of the existing Motel 6 property consisting of approximately 6 acres, as depicted on the project plans. B. The eastern property line parking lot planter area shall be widened to allow for 36 inch sized Ficus M. Nitida (Indian Laurel Fig) Hedge, spaced five feet on center. The landscape plan shall be revised to include the entirety of the east property line with the new 36 inch box hedge row, spaced 5 feet on center. C. This approval is valid for six months from the date of Architectural Commission action. If landscape and irrigation permits are not issued, or a time extension has not been granted during this time frame, this approval shall automatically expire without further action by the City. The Director of Community Development is authorized to grant a six- month extension upon written request from the applicant that there were unavoidable delays. D. Prior to final approval of the landscape and irrigation installation, the applicant shall submit a photometric plan indicating the removal of all roof mounted area lights and the installation of new free standing light standards and pedestrian level lighting fixtures. All exterior fixtures are limited to a maximum color temperature rating of 3,000 Kelvin. Area and parking lot lighting shall consist of new decorative light standards not exceeding 15 Architectural Commission Resolution No. 2022-11 Page 4 feet in height. All exterior lighting shall conform to City lighting standards particularly those relating to light pollution and glare and be purpose oriented lighting fixtures. E. Within 10 calendar days of this approval, all non-traditional, decorative colored exterior light bulbs shall be replaced with traditional colored white light bulbs subject to review and approval of the Community Development Director, or designee. Within 60 days the sconce porte-co-chere column light fixtures shall be replaced with mid-century modern light fixtures with functional illumination -oriented lights in a color and intensity acceptable to the Community Development Director, or designee. F. All landscape and parking lot areas shall be kept free of weeds, trash, debris on a regular basis. G. If demolition work for re -development of the tennis courts does not commence within 12 months of the date of this approval, the applicant shall submit a separate landscape & irrigation plan for consideration of all existing landscape planters surrounding and between the courts, including the public parkway along American Avenue. Bark Mulch during the 12 months shall be maintained in a weed free and trash free condition. Bark Mulch shall be replenished or replaced after the initial 6 months. K The applicant shall remove the unpermitted shed located in the northeast corner of the property and return the area to its originally sized trash enclosure area. Prior to final inspection of the landscaping, irrigation, and lighting features, plans for a new trash enclosure shall be submitted to the City for review and approval. The new trash enclosure shall be relocated and constructed at the northwest corner of the parcel. J. Prior to a final approval of all landscaping, irrigation, and replacement lighting, the reconstructed trash enclosure and fence/gate system along American Avenue shall be completed and inspected by the Planning, Engineering, Building and Community Services staff members assigned to this project. K. The final landscape and irrigation plan shall comply with the State's Model Water Efficient Landscaping Ordinance (MWELO). L. Ascertain and comply with all requirements of the City's Building Division, including the submittal of complete architectural, electrical, landscaping plans duly wet stamped and signed by a licensed architect or designer. M. The construction documents submitted for plan check shall be in substantial conformance with the Architectural Commission approval. N. Ascertain and comply with the requirements of the Los Angeles County Fire Department. O. Pay all applicable permit and development review fees as established by City ordinances and resolutions. Architectural Commission Resolution No. 2022-11 Page 5 P. During re -landscaping operations, the applicant shall implement best available control measures (BACMs) to minimize nuisance levels of construction activity emissions such as dust, emissions, and off -site impacts. BACMs shall include but are not limited to the following: 1. Water all active construction areas at least twice daily. 2. Cover all haul trucks or maintain at least two feet of freeboard. 3. Pave or apply water four times daily to all unpaved parking or staging areas. 4. Sweep or wash any site access points within 30 minutes of any visible dirt deposition on any public roadway. 5. Cover or water twice daily any on -site stockpiles of debris, dirt, or dusty material. 6. Suspend all operations on any unpaved surface if winds exceed 25 mph. 7. Hydro -seed or otherwise stabilize any cleared area which is to remain inactive for more than 96 hours after clearing is completed. 8. Require 90-day low-NOx tune-ups for off -road equipment. 9. Limit allowable idling to 5 minutes for trucks and heavy equipment. 10. Encourage carpooling for construction workers. 11. Limit lane closures to off-peak travel periods. 12. Park construction vehicles off traveled roadways. 13. Wet down or cover dirt hauled off -site. 14. Wash or sweep access points daily. 15. Encourage receipt of material during non -peak traffic hours. 16, Sandbag construction sites for erosion control. Q. Ensure the following measures are observed during all construction -related activities for the project: 1. The hours of construction operation are limited to the hours from 7:00 a.m. to 8:00 p.m., Monday to Saturday. No construction activity is allowed on Sundays and federal holidays. Architectural Commission Resolution No. 2022-11 Page 6 2. Staging areas shall be located away from any existing residences as determined by the Building Official. 3. All construction equipment shall use properly operating mufflers. R. During the course of all on -site grading and construction activity, the applicant shall employ adequate dust control measures in accordance with the California Building Code, SCAQMD, and City requirements to minimize fugitive dust. S. Noise sources associated with construction activities shall not exceed the noise levels as set forth in Section 16.154.020(f) of the Claremont Municipal Code. T. To ensure compliance with the provisions of this Architectural Commission design approval, a final inspection is required from the Planning Division when work has been completed. The applicant shall inform the Planning Division and schedule an appointment for such an inspection. U. Upon final inspection, the City will commence a 30-day lighting level review of all, exterior lights. If illumination levels, glare, or other applicable issues are found to be excessive, the applicant will be directed to modify the lighting as necessary to be at an acceptable level. V. Noncompliance with any condition of this approval shall constitute a violation of the City's Municipal Code. Violations may be enforced in accordance with the provisions of the administrative fines program of Chapter 1.14 of the Claremont Municipal Code. W. The applicant/owner, by utilizing the benefits of this approval, shall thereby agree to defend at its sole expense any action against the City, its agents, officers, and employees because of the issues of such approval. In addition, the applicant/owner shall reimburse the City et al for any court costs and attorney fees that the City et al may be required to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant/owner of its obligation hereunder. X. Failure to comply with any of the conditions, including design issues as shown on plans reviewed and approved by the City of Claremont, may result in failure to obtain a building final and/or a certificate of occupancy until full compliance is reached. The City's requirement for full compliance may require minor corrections and/or complete demolition of a non -compliant improvement, regardless of costs incurred, where the project does not comply with design requirements and approvals that the applicant agreed to when permits were pulled to construct the project. Y. The existing outdoor swimming pool and spa shall be re -filled immediately with water and kept filled with water and maintained throughout the year for use by motel guests. Weekly chemical measurements, additives and cleaning shall be strictly adhered to. Section 4. The Architectural Commission Chair shall sign this resolution and the Commission's secretary shall attest to the adoption thereof. Architectural Commission Resolution No. 2022-11 Page 7 Passed, approved, and adopted this 26th day of October, 2022. itectural Commission Chair ATTEST: rchitectural Co mis on Secretary STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF CLAREMONT ) I, Carrissa Roque, Administrative Assistant of the City of Claremont, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 2022- 11 was adopted by the Architectural Commission of said City of Claremont at a regular meeting of said Commission held on October 26, 2022, by the following vote: AYES: Commissioners NOES: Commissioners: ABSTENSIONS: Commissioners: ABSENT: Commissioner: 00'm L _ Administrativ�Assistai� City of Claremont Bennett, Castillo, Cervera, Neiuber, Perri, and Spivack None None None 0 'Ilk i' APPEAL OF DECISIONS CITY OF CLAREMOI\- �► �+ DEPARTMENT OF COMMUNITY DEVELOPMEN-7 to 207 HARVARD AVENUE, P. O. BOX 886- �Q CLAREMONT, CA 91711-0880 U (909) 399-5470 APPELLANT INFORMATION ATTACHMENT 2 HPPEAL OF DrKISIOR6- #22-i)0 h10 EL 6 11-07-21322 /02.33 P1" ECECr V]E�, 2,000.00 q b NOV 0 7 2022 CITY CLERK CITY OF Gk.F-EMONT Name of Appellant: Bhuvneshwari Corporation dba Motel 6, Sapnesh Amin Address: 840 S Indian Hill Blvd, Claremont CA 917' : Phone Number: 909-621-4831 Date: 11 /07/202c APPEAL INFORMATION Application Number: #22-A07 10/26/2022 Appeal of: Staff Decision Planning Commiss'Or1 Architectural Commission Please describe the specific decision being appealed and state the reasons for this appeal. Appeals shall set =orih alleged inconsistency or non -conformity with procedures or criteria set forth in City codes. if additional :Meets are necessary, piease attach them to tl Please see attachment regarding appeal Appellant's Signature FEES Project Proponent M 1/2 of the application fee Fixed Fee Projects Hourly Fee Projects Continuation of hourly fee (appeal deposit required) Other Interested Persons Icomf rn rn ?,eceived By: Date: f C's- L -� Fixed Fee: Hourly Deposit: 1 I° r. 113 -.r 0 r.5 r- r- r. +.i n ra c:; CP � w m r r� 3 Ow RECEIVED NOV Q 7 2022 CITY CLERK CITY OF CLAREMONT LAWOFFICES OF AID JU N LT.ANI P.O. Box 6821, Fullerton, California 92834 Telephone: (562) 644-3127; Email: Molt ni(:iw Lei l',►l�ot}.rc►nF November 7, 2022 Attachment to rho e d iroln the Decision/Resolution ution of the !Vchitectuial Commission Dated 10/26/2022 Resolution #22-A07 Property at: 840 South Indian. Hill Boulevard — Motel 6, Claremont, California Property omen: B `.rneshwari Corporation Htstoncal ers GIIVe 1. Start nr* on or about April 12, 2022, City of Claremont (iiereina€ler "City") issued e citations, indicating violaations of Claremont Munictntl.l Code r'Clvl . A. CAC 6705 for violations of CMC 8.22.002. 8.22.004. 8?2.005. 9.22.006. 16.154.06", 16.131.030. Fine imposed was $100.0(! 3. CAC 6707, issued April 13, 2022, for the same violations noted on CAC 6705. Fine mvosed was $200.00 C,. CAC 6709, issued April 19, 2022, for the same violations noted on CAC 6705. Fine imposed was $500.00 The citations at issue concerned landscape and irrigation. Owner submitted a landscaping plan to City about two months after the issuance of the citations. City commented on the plans on July 12, 2022. Citations The citations were issued by City with a list of the violations, in a conclusory manner. The verbiage of the alleged violations was not provided to Owner. Owner was required to correct the alleged violations "immediately." Basis for a ea? the citations on the dates they were issued were in violation of 1.14.030 (A), (B). "-:c Codes alleged to be violated are vague and vest discretion in the City that can be nitxaniy and capaciously determined. one or the citations listed 8.22.00 3 as a violation. Yet, the City has considered irrigation as an issue to be remedied by Owner Owner was not afforded an opportunity of appeal pursuant to 8.22.00 City changes the time limits for pursuing an appeal. Owner was informed he has 1 to na-, . to submit an appeal to City C'ounc.iI- lint the Code provides for 15 days of (he maiin�4 the decision. (8.22.010)• City has not complied with the provisions of this Code section. City misled Owner �N ith assurances that citations would not be issued as Owner was working to remedy the allege violations. City's con-imunications with O%�ne:r were ambiguous. City's communications imposee3 changing recitcirenients. (Attachment 13, page 51, Attachment 14, page 65. 66 City considered biased and unfounded statements from residents. (Attachment 16, page ap) City indicated it iiad been communicating with Owner for over two _years. There is no evidence to support the claim. (Attachment 18, page 105 There was no issue of trees indicated in the Citations issued. (CMC 1.14.026 he letter from City dated 2/24/22 also violates CMC 1.14.030 (A) and (B) (Attachment 8. page 105) ,rho 6 violations listed were to be corrected within 14 days to 43 days. The ime ironic elected by the City had no rationale basis. The: issues posed. and the: dates for correction imposed an undue burden and hardship on Owner. A sus Sequent `notice' of violations (which notice is not in conformance with the CTVI[C1 was dated March 2, 2022 (Attachment 19, page 107). There is no clarification of what. were the supplementary violations, and who reported them to City. The notice to Owner is inadequate. On March 10, 2022, via email, City listed numerous other claimed violations. This email violates CMC 1.14.026. (Attachment 21, page 109). Owner requested clarification of the ongoing transmissions of ever increasing violations. (Attachment 21. page 110) On March 10, 2022, City sent a communication, noting other issues of alleged violations. No Code sections were cited. Arbitrary dates for compliance were imposed. (Attachment 22, page 111) RD, on behalf of Owner, entailed City on 4/5/?022. Cite did not consider this evidence. (Attachment 24, page 135) City claimed the email from RD went into a spans folder. 2 Jerssey Ardila communicated with City to get information on how to effectuate corrections. Ms Ardila noted that she was a civil engineer who was working on the property together with RD (Attachment 31, page 157) City refused to provide guidance on how compliance could be achieved. City refused to acknowledge the issues and restrictions caused by the pandemic. City would not provide guidance on what species of trees were acceptable. Yet, when a plan was submitted, City rejected the proposal on the grounds that "...proposed species of trees ..is inappropriate." There was no clarification of why the species was inappropriate. This communication occurred on April 19, 2022 by email. City then imposed new requirements for the trees. The notice regarding these requirements was not in conformance with CMC 1.14.030. (Attachment 36, page 168) On October 26, 2022 the Architectural Conmdssion held a meeting. The Commission imposed further requirements for Owner SCE removed trees under their authority. SCE or others installed cameras on the pole which intrudes upon the privacy rights of Owner. The Codes, as worded, are vague and overbroad. They are not clearly or specifically defined. This allows the vesting of unbridled discretion in the City, allowing for interpretation as it suits the needs of the City. Manhattan Sepulveda, Ltd. v. City of Manhattan Beach (1994) 22 Cal.App.4th 865 The vagary of the ordinances allows for prejudicial abuse of discretion. Abuse of discretion is established if the respondent has not proceeded in the many:= - required by law, the order or decision is not supported by the findings, or the findings arc not supported by the evidence.' "(Doe v. University of Southern Califomia(2018 8Cal.App.5th 26, 34; see Code Civ. Proc., §1094.5 (b); Lateef vs City of Madera (2020) 45 CA5th 245. Appellant refers to. and incorporates the constitutional arguments raised by Frank Weise- as counsel for Owner in his letter to Cit-. All of the above are grounds for an appeal of the Commission's decision of 10/26/2022. Owner has not been served with any decision from the hearing officer and therefore reserves his right to appeal any such decision, or proceed to the appropriate legal forum. Very truly yours, �< W O i i CX- OF ANJL' MULTANI By: A ' for Appellant N ATTACHMENT 3 �0 -% Claremont Architectural Commission 1c UKSS Agenda Report . , . 9 p File #: 4424 Item No: 3. TO: ARCHITECTURAL COMMISSION FROM: BRAD JOHNSON, COMMUNITY DEVELOPMENT DIRECTOR DATE: OCTOBER 26, 2022 Reviewed by: Finance Director: N/A SUBJECT: ARCHITECTURAL AND SITE PLAN REVIEW #22-A07, PROPOSED LANDSCAPE PLAN AT 840 SOUTH INDIAN HILL BOULEVARD - MOTEL 6 SUMMARY The property owners of Motel 6 have submitted a landscape plan to replace damaged trees, dead and dying trees, and previously removed trees, shrubs, and groundcovers. The proposed plan addresses the majority of the six -acre site. The proposed plan responds to neighbor complaints and City staff observations of a lack of long-term maintenance and inappropriate pruning activities throughout the site. In particular, recent and past removals of mature trees along the eastern property line have resulted in the loss of privacy and screening to the adjacent single-family neighborhood on Drake Avenue. The landscape architect for this project has taken into account the current drought conditions of our region and is recommending a variety of replacement drought resistant tree and planting materials. Although there are broader quality of life issues occurring on and around the Motel 6 property, this application only relates to Motel 6's landscaping (and related irrigation and landscaping). The City's Planning Commission and Police Commission are currently studying the City's options for a new or revised motel ordinance to help the City address broader health, safety, and welfare issues associated with freeway motels. They will be meeting as a joint body in the coming weeks to discuss local regulations to address broader issues in the general area of Indian Hill Boulevard and the 1-10 Freeway. Those broader issues are outside the scope of the Architectural Commission's review of this application for a landscape plan. RECOMMENDATION Staff recommends that the Architectural Commission adopt A RESOLUTION OF ARCHITECTURAL COMMISSION OF THE CITY OF CLAREMONT, CALIFORNIA APPROVING ARCHITECTURAL AND SITE PLAN REVIEW #22-A07, PROPOSED LANDSCAPE PLAN AT 840 SOUTH INDIAN HILL CLAREMONT Page 1 of 6 Printed on 10/20/2022 powered by LegistarTM BOULEVARD - MOTEL 6. ALTERNATIVES TO RECOMMENDATION In addition to the staff recommendation, there are the following alternatives: A. Continue the item for additional information or redesign of the proposal. B. Approve the project with additional or revised conditions of approval. C. Express the intent to deny the request, specifically identifying the design review criteria that cannot be met and continue the matter to a future Commission meeting for adoption of a denial resolution. FINANCIAL REVIEW The staff cost to prepare this report and administer this project is estimated at $2,405, and is reimbursed by the applicant. ANALYSIS Background After the Planning Commission approved Conditional Use Permit #1101 on October 21, 1969, the Architectural Commission (AC) approved the site plan and design features of the Rodeway Inn, on April 29, 1970. The approvals included a motel and an adjacent automobile service station. On October 28, 1970, the AC considered landscaping, signs, luminaires, color samples, and other details of the project (A&SPR #6216). Planning Staff recommended at this meeting that the landscape plans for the motel portion of the site be delayed to allow for additional revisions and refinements. On January 13, 1971, this motel project was presented again with revisions to the site and site feature plans, landscape, and signage. Staff again had concerns with the landscape buffer along the east property line and felt a heavier buffer of landscape was necessary. The AC ultimately delegated the landscape plan approval to Planning Division staff. Attached as Attachment B is the original approved landscape plan approved by staff on January 30, 1971. On May 23, 1973, the AC approved Site Plan Review #6302 approving the Rodeway Inn Tennis Club. The Tennis Club included 11 courts, a deck area, and 27 new parking spaces, and a future clubhouse. Commissioners at that time had concerns related to adequate landscaping features along the south and east sides of the tennis courts relative to screening of the proposed court fencing and proposed overhead court lighting system. Staff was unable to locate a record of the 1973 approvals for landscape plans surrounding the tennis courts. The condition of many aspects of the Motel 6's property, including its landscaping and irrigation, has been in an unacceptable state of disrepair for many years. Throughout this time, the City has been working with both current and former owners of the Motel 6 property to gain voluntary compliance with the City's standards. The City's Community Improvement Division recently imposed formal deadlines for action to be taken to improve the condition of the Motel 6 property, including pavement resurfacing, painting, and quiet zone signage for the parking area adjacent to the neighbors to the east. These formal deadlines also included a requirement that Motel 6 bring its landscaping and irrigation into compliance with the City's standards for commercial landscaping. Because landscaping along the eastern property line provides critical screening between the Motel 6 and neighboring residential properties, the lack of appropriate landscaping has been a key source of complaints from the community. The current ownership purchased this parcel approximately four years ago and is CLAREMONT Page 2 of 6 Printed on 10/20/2022 powered by LegistarTM now working diligently with the Community Development Department to correct many years of lack of maintenance. Neighbors to the east of the motel have filed numerous complaints with the City which included gas leaf blower noise, outdoor smoking, nighttime light pollution, unpermitted removal of mature trees, utility -related tree trimming and removal of mature trees, inappropriate topping and pruning of mature trees, and criminal activities. The complaints about landscaping and outdoor lighting relate to this application. As noted above, the Planning Commission and Police Commission are currently studying ways to address other neighborhood issues and will be meeting as a joint body in the coming weeks to discuss criminal activity and broader quality of life issues in the general area of Indian Hill Boulevard and the 1-10 Freeway. Open Space Areas and Landscapinq The City initially focused mostly on the eastern edge of the parcel due to the increased number of complaints. On February 17, 2021, Southern California Edison (SCE) recently began removing ten to twelve large Eucalyptus Trees along this narrow easterly landscape planter and nearby planters. SCE has taken a more aggressive tree trimming and removal approach over the last three years due to numerous fire and wildfire related incidents with their overhead transmission lines. Due to a miscommunication between SCE's contractor, the property management/ownership, and the City, major tree removals occurred at a time when the City was requesting more screening, not less. Prior owners of the motel had also removed numerous other trees along the east property line planter area. The prior owners attempted to mitigate past tree removals on this east side by raising the height of their block wall with a topper fence constructed of vinyl fencing material. The northerly two-thirds of the wall now measures approximately ten feet in height measured from the Motel 6 perimeter landscape planter. This east property line planter ranges from 3'- 2" to 3' - 6" which is more appropriate for a shrub screen rather than a tree screen treatment. The proposed landscape plan calls for a screen material consisting of 20, Indian Laurel Fig Hedge Shrub (Ficus M. Nitida-Column) 24" box size. This hedge -row should grow quickly in height, with proper installation and irrigation, and is located along this wall between the tennis courts and the trash enclosure to the north (295 linear feet). The majority of the existing landscaping is oriented around a large central open space/pool area surrounded by the three separate hotel building wings. This central landscape area currently includes five of the seven original Coast Redwoods (24"-32" diameter, 70' tall). However, three of the five appear to be recently deceased, due to irrigation systems being shut off nearly three months ago. Three of the original 16 Southern Magnolia trees also currently occupy this central landscaped area. The Magnolia trees have been inappropriately trimmed and one of the three is also deceased due to lack of watering. The existing turf has also died due to lack of irrigation. The owners intent to replace all of the on -site landscaping with more drought resistant and low water usage trees and plants (Attachment C). The owners will install a new automatic irrigation system with a higher efficiency level, including drip systems as part of this project. The landscape architect has proposed a new re -design of this central landscape court surrounding the pool area with a combination of larger format shade trees south of the pool (three 36" box Camphor, one 48" box Engelmann Oak), a series of medium sized trees east and west of the pool (seven 24" box Desert Museum Palo Verdes, two 24" box Eastern Redbuds), and north of the pool, (nine 24" box Eastern Redbuds). This central landscape court also includes three, semi -circular CLAREMONT Page 3 of 6 Printed on 10/20/2022 powered by LegistarTM planter areas with Waxleaf Privet shrubs to provide privacy to the pool area, Pacific Mist Manzanita shrubs, and waterwise Kurapia turf for groundcover areas. The landscape planter at the main entry to the hotel originally included two Willow Pittosporum trees which were later replaced with Queen Palm Trees. The proposal is to enhance the main entrance area by retaining the one large existing Queen Palm tree, adding five, 24-inch box Queen Palm trees, and removing all existing Ficus trees. The Palm entry focal point would surround all sides of the porte -cochere as an entry statement to the motel lobby area. With the exception of four existing parking lot finger tree wells within the easterly parking lot area, all remaining Ficus Trees in the finger wells throughout the parking lots will be replaced with 24" Brisbane Box (Lophostemon Confertus) trees. Two 48" box Englemann Oaks will also be planted within two larger landscape planter areas in the eastern parking lot area as identified on the attached plan. A dry well is designed on the north side of the existing storage shed in the northeast corner of the site to mitigate existing drainage issue that occur during rain events. Along the northern property line planter along the 1-10 Freeway, four evenly spaced, and Water Gum trees will be installed to assist with additional screening of the freeway views. Pacific Mist Manzanita and Desert Spoon shrubs will be installed between the trees. Other Issue Areas City staff identified and discussed with the property owners several extraneous property compliance issues worth noting. These issue areas include the following: Trash enclosure condition; Tennis court landscape areas; American Avenue exposure; and existing exterior lighting bulbs and fixtures, which have been modified over time without receiving approval from Planning Staff. A past property owner has modified the original trash enclosure area by erecting an unpermitted wooden storage structure and created a smaller trash enclosure area with a six foot high wood fence. Because the revised enclosure does not meet City standards, staff requested that the owner re- locate and construct a new trash enclosure along the midpoint of the north property line. This request was made to be sensitive to the adjacent residential property owners to the east. The property owner has not been willing to accept the added cost of this request. Staff is requiring at a minimum that the enclosure be re -constructed in the area of the unpermitted storage building to meet current City standards. City Ventures, a Southern California based residential townhome builder is currently in escrow to purchase the tennis court area of this parcel to re -develop this area into a residential use. The motel owner has requested that the City accept bark mulch for the areas surrounding all of the tennis courts, including the setback and parkway areas along American Avenue. Staff considers this request reasonable at this time, based on the due diligence being pursued by City Ventures for a new project which would necessitate their own landscape plan on this acreage. A condition of approval is proposed for a period not to exceed 24 months to allow for the bark mulch to exist as an interim solution. Currently a wood fence/gate facing American Avenue exists to prevent access to the dirt area between the tennis courts and an SCE easement east of the courts. This existing fence is unattractive and should be replaced with a higher quality fencing system. The owners have proposed a four -foot -high chain link fence/gate system. Staff has added a condition of approval that this be vinyl coated chain link as an interim condition for the same 24-month period. CLAREMONT Page 4 of 6 Printed on 10/20/2022 powered by LegistarTM Past ownership of the site installed roof mounted area lights throughout the metal mansard roof system on all three motel buildings. Staff was not able to identify any permits allowing this type of light fixture which creates light pollution on the entire property and has been a source of complaints over the years. Staff is requesting through a condition of approval that the property owner remove all roof mounted area lights and return to a parking lot and area lighting system that includes freestanding decorative light standards as proposed and approved in past years. The owners have also installed blue colored bulbs at the front entry porte-cochere columns which are not consistent with past approvals throughout the City of Claremont. The owners have agreed to return the bulb color back to a more traditional color within a range of a less saturated or bright color. Staff has included a condition of approval limiting all exterior fixtures to a maximum color temperature rating of 3,000 Kelvin. This warmer color and narrow spectrum help reduce dark skies impacts as well as health impacts to humans (Blue light, light with Kelvin ratings higher than 3,000 in evenings can affect human circadian rhythms). Staff Comments Staff is supportive of the proposed landscape plan finding that it does a good job of adding a quick growing privacy screen back to the east property line to once again protect the privacy of neighbors along Drake Avenue. Staff is disappointed that major mature California Redwood trees and Southern Magnolia trees have been allowed to die and must now be removed but notes that both species have high water requirements and are not suited for the local climate. The landscape architect has chosen replacement tree species that are more drought appropriate, more appropriate for future drought conditions and the acceptance that reducing water usage for outdoor landscaping is a paramount issue for major portions of California. The following are items that staff would encourage the Commission to consider as they review this project for final approval: • Consider whether or not the request by the neighbor for a new screen wall of 20 Indian Laurel Fig (Ficus Microcarpa Nitida) shrubs in a 24" box size is appropriate for the most problematic landscape issue area. • Consider a requirement to either move the existing trash enclosure area away from the existing adjacent residential neighbors or return the trash enclosure to its original size and upgraded to current standards and dimensions. • Consider the appropriateness of allowing shredded wood mulch throughout all landscape areas surrounding the existing tennis courts and a vinyl coated chain link fence for a period of 24 months while the owner concludes escrow with a proposed townhome developer. CEQA REVIEW The project proposal is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15304(b) (Class 4) for Minor Alterations to Land, in that the project entails the replacement of existing landscaping with new water efficient landscaping. Therefore, no further environmental review is necessary. PUBLIC NOTICE PROCESS The agenda and staff report for this item have been posted on the City website and distributed to interested parties. If you desire a copy, please contact the City Clerk's Office. CLAREMONT Page 5 of 6 Printed on 10/20/2022 powered by LegistarTM Submitted by: Brad Johnson Community Development Director Attachments: A - Draft Approval Resolution B - 1971 Approved Landscape Plan C - Proposed Landscape Plan D - Photos of Current & Past Conditions CLAREMONT Page 6 of 6 Printed on 10/20/2022 powered by LegistarM ATTACHMENT A RESOLUTION NO. 2022- A RESOLUTION OF THE ARCHITECTURAL COMMISSION OF THE CITY OF CLAREMONT, CALIFORNIA, APPROVING ARCHITECTURAL AND SITE PLAN REVIEW #22-A07, PROPOSED LANDSCAPE PLAN AT 840 SOUTH INDIAN HILL BOULEVARD — APPLICANT — BHUVNESHWARI CORPORATION WHEREAS, on April 18, 2022, the applicant filed a request to re -landscape all existing landscape areas; and WHEREAS, 840 South Indian Hill Boulevard contains an existing two-story motel constructed in 1972; and WHEREAS, the property is located in the Commercial Freeway District (CF). Under the CF District, motels are a conditionally permitted use and intended to provide for a concentration of major commercial uses such as hotels, service stations, restaurants, auto sales, and big box retail uses that are dependent on their exposure to large volume freeway traffic, and uses that are related to and serve the needs of the motoring public; and WHEREAS, on October 13, 2022, a notice of public hearing regarding the Architectural Commission review of the design of the proposed project was mailed to owners of and residents of properties located within a 700-foot radius of the subject site; and WHEREAS, the Architectural Commission held a public hearing on October 26, 2022, at which time all persons wishing to testify in connection with the proposal were heard and said proposal was fully studied. NOW, THEREFORE, THE CLAREMONT ARCHITECTURAL COMMISSION DOES HEREBY RESOLVE: SECTION 1. The Architectural Commission has determined that the proposal is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15304(b) (Class 4) for Minor Alterations to Land, in that the project entails the replacement of existing landscaping with new water efficient landscaping. Therefore, no further environmental review is necessary. SECTION 2. The Architectural Commission finds that the review criteria of Section 16.300.060.A of the Claremont Municipal Code (CMC) can be met in regards to the above - described project as follows: A. Conformity with Development Standards - The proposed project is in conformity with all development standards for the Commercial Freeway (CF) zoning district as follows: 1. Setbacks: There are only front and street side yard building setbacks of 10 feet required in the CF zone. The existing buildings meet the required setbacks therefore, the proposed project is in conformity with the zone's setback requirements. The non -conforming parking lot perimeter landscape areas do not meet the minimum five feet required today, however this is considered a legal, non -conforming condition that may be retained. Architectural Commission Resolution No. 2022- Page 2 2. Building Height: The existing building heights are below the maximum 30-foot height allowed for a building or structure in the CF zoning district. This project only deals with landscaping replacement. 3. Parking: The proposed parking complies with the parking requirements in effect at the time it was constructed in 1972. B. General Plan Consistency - The proposed project is consistent with the following goals/policies of the Claremont General Plan: 1. Pursue Code enforcement actions to advance proper maintenance of homes, buildings, yards, and neighborhoods in all areas of the City (Policy 2-2.3); in that the proposed project is the result of code enforcement action taken by the City to repair damaged trees, landscaped areas, replace solid waste enclosure and exterior lights that do not comply with City standards, and provide for proper landscape screening to adjacent land uses such as the single family homes along Drake Avenue and American Avenue. 2. Enforce property maintenance standards to help ensure neighborhoods are kept up, recognizing that property taxes generate significant revenue to the City. (Policy 3-1.7), in that the proposed project is the result of the City requesting the property owner to bring the property maintenance and landscaping up to established City standards. 3. Minimize noise from property maintenance equipment, construction activities and other non -transportation noise sources by enforcing designated construction and maintenance hours (Policy 6-12.3); in that the project has been conditioned to respect the noise levels and allowed construction hours in commercial zones adjacent to single family residential zones. C. Compatibility of Form with Surrounding Development — There are no new proposed buildings that will unduly interfere, nor visually dominate the existing development pattern of the surrounding motel property; however, the augmented landscape plan is intended to bring the landscaping on the site to a level similar to other commercial properties in the City. D. Compatibility of Quality with Surrounding Development — The proposed project features a well -considered landscape design theme that employs high -quality materials that reflect the drought conditions the City is currently experiencing and planning ahead for global warming conditions and the need for more sustainable landscape designs with lower irrigation requirements. E. Internal Consistency of Design — The replacement landscaping and required improved lighting features are internally consistent with the motel use. F. Privacy — The new landscaping proposed with the project will return privacy screening to the adjacent residential uses adjacent to the east property line, which was allowed to deteriorate and be removed over past years. G. Internal Circulation - The circulation patterns, which have served the motel use for nearly fifty years, will remain in place and not be altered as part of the project. H. Sustainability — The proposed landscape and irrigation modifications will enhance the landscape while substantially reducing water usage for outdoor landscape areas. A completely new irrigation system, including drip irrigation will replace the existing inefficient system. Trees and plant materials will be removed and replaced with Architectural Commission Resolution No. 2022- Page 3 drought tolerant materials in consideration of global warming conditions being experienced across the State. The enhanced landscaping and climate appropriate plants are intended to thrive and provide larger canopies that will increase shade on the site and reduce the heat-island effect. Tree Preservation — Existing mature trees will be removed with this project, however the majority of these existing trees were pruned and trimmed over many years in an inappropriate manner that has destroyed their canopy and branch structure. The large California Redwood and Southern Magnolia trees are high water usage species with little canopy and are currently dying due to lack or water. Proposed tree species are anticipated to thrive in the local climate and provide a larger canopy over time. J. Light and Air — No new structures are being proposed with this project this project consists of landscaping, irrigation, and lighting replacement. K. Environmental Protections - The proposed development has been reviewed pursuant to the requirements of the California Environmental Quality Act (CEQA), for the reasons stated above in Section A. L. Health and Safety - The visual effect of the development from view from adjacent public streets and neighborhoods will not be detrimental to the public interest, health, safety, convenience, or welfare. It features a re -designed landscape palette that is appropriate in design and water usage consistent with the other re -landscaping projects around the City of Claremont. The new screen hedge -row along the eastern property line will return a privacy screen once in place for the adjacent single family homes backyards. SECTION 3. The Architectural Commission hereby approves Architectural and Site Plan Review #22-A07 based on the review criteria as outlined in Sections A and B above, subject to the following conditions of approval: A. This approval is for the proposed re -landscaping of the existing Motel 6 property consisting of approximately 6 acres, as depicted on the project plans. B. The existing trees identified for retention on the project plans shall be retained and preserved in place in the new landscaping for the project. These trees include the four existing Ficus Trees located in the easterly parking lot area which provide a second layer of screening to the adjacent neighborhood to the east. C. This approval is valid for six months from the date of Architectural Commission action. If landscape and irrigation permits are not issued, or a time extension has not been granted during this time frame, this approval shall automatically expire without further action by the City. The Director of Community Development is authorized to grant a six- month extension upon written request from the applicant that there were unavoidable delays. D. The applicant shall submit a photometric plan indicating the removal of all roof mounted area lights and the installation of new free standing light standards and pedestrian level lighting fixtures. All exterior fixtures are limited to a maximum color temperature rating of 3,000 Kelvin. Area and parking lot lighting shall consist of new decorative light Architectural Commission Resolution No. 2022- Page 4 standards not exceeding 15 feet in height. All exterior lighting shall conform to City lighting standards particularly those relating to light pollution and glare. E. Within 10 calendar days of this approval, all blue colored and other non-traditional, decorative colored exterior light bulbs shall be replaced with functional illumination - oriented lights in a color and intensity acceptable to the Community Development Director, or designee. F. All landscape and parking lot areas shall be kept free of weeds, trash, debris on a regular basis. G. If demolition work for re -development of the tennis courts does not commence within 24 months of the date of this approval, the applicant shall submit a separate landscape & irrigation plan for consideration of all existing landscape planters surrounding and between the courts, including the public parkway along American Avenue. Bark Mulch during the 24 months shall be maintained in a weed free and trash free condition. Bark Mulch shall be replenished or replaced after the initial 12 months. H. The applicant shall remove the unpermitted shed located in the northeast corner of the property and return the area to its originally sized trash enclosure area. Prior to final inspection of the landscaping, irrigation, and lighting features, plans for a new trash enclosure shall be submitted to the City for review and approval either in its current location or midway along the northern property line. J. Prior to a final approval of all landscaping, irrigation, and replacement lighting, the reconstructed trash enclosure and fence/gate system along American Avenue shall be completed and inspected by the Planning, Engineering, Building and Community Services staff members assigned to this project. K. The final landscape and irrigation plan shall comply with the State's Model Water Efficient Landscaping Ordinance (MWELO). L. Ascertain and comply with all requirements of the City's Building Division, including the submittal of complete architectural, electrical, landscaping plans duly wet stamped and signed by a licensed architect or designer. M. The construction documents submitted for plan check shall be in substantial conformance with the Architectural Commission approval. N. Ascertain and comply with the requirements of the Los Angeles County Fire Department. O. Pay all applicable permit and development review fees as established by City ordinances and resolutions. P. Prior to the commencement of construction activities, the applicant shall install protective fencing around the four existing trees to be retained on the site. Architectural Commission Resolution No. 2022- Page 5 Q. During re -landscaping operations, the applicant shall: 1. Implement best available control measures (BACMs) to minimize nuisance levels of construction activity emissions such as dust, emissions, and off -site impacts. BACMs shall include but are not limited to the following: a. Water all active construction areas at least twice daily. b. Cover all haul trucks or maintain at least two feet of freeboard. C. Pave or apply water four times daily to all unpaved parking or staging areas. d. Sweep or wash any site access points within 30 minutes of any visible dirt deposition on any public roadway. e. Cover or water twice daily any on -site stockpiles of debris, dirt, or dusty material. f. Suspend all operations on any unpaved surface if winds exceed 25 mph. g. Hydro -seed or otherwise stabilize any cleared area which is to remain inactive for more than 96 hours after clearing is completed. h. Require 90-day low-NOx tune-ups for off -road equipment. Limit allowable idling to 5 minutes for trucks and heavy equipment. Encourage carpooling for construction workers. k. Limit lane closures to off-peak travel periods. Park construction vehicles off traveled roadways. M. Wet down or cover dirt hauled off -site. n. Wash or sweep access points daily. o. Encourage receipt of material during non -peak traffic hours. P. Sandbag construction sites for erosion control. R. Ensure the following measures are observed during all construction -related activities for the project: a. The hours of construction operation are limited to the hours from 7:00 a.m. to 8:00 p.m., Monday to Saturday. No construction activity is allowed on Sundays and federal holidays. Architectural Commission Resolution No. 2022- Page 6 b. Staging areas shall be located away from any existing residences as determined by the Building Official. c. All construction equipment shall use properly operating mufflers. S. During the course of all on -site grading and construction activity, the applicant shall employ adequate dust control measures in accordance with the California Building Code, SCAQMD, and City requirements to minimize fugitive dust. T. Noise sources associated with construction activities shall not exceed the noise levels as set forth in Section 16.154.020(f) of the Claremont Municipal Code. U. To ensure compliance with the provisions of this Architectural Commission design approval, a final inspection is required from the Planning Division when work has been completed. The applicant shall inform the Planning Division and schedule an appointment for such an inspection. V. Upon final inspection, the City will commence a 30-day lighting level review of all, exterior lights. If illumination levels, glare, or other applicable issues are found to be excessive, the applicant will be directed to modify the lighting as necessary to be at an acceptable level. W. Noncompliance with any condition of this approval shall constitute a violation of the City's Municipal Code. Violations may be enforced in accordance with the provisions of the administrative fines program of Chapter 1.14 of the Claremont Municipal Code. X. The applicant/owner, by utilizing the benefits of this approval, shall thereby agree to defend at its sole expense any action against the City, its agents, officers, and employees because of the issues of such approval. In addition, the applicant/owner shall reimburse the City et al for any court costs and attorney fees that the City et al may be required to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant/owner of its obligation hereunder. Y. Failure to comply with any of the conditions, including design issues as shown on plans reviewed and approved by the City of Claremont, may result in failure to obtain a building final and/or a certificate of occupancy until full compliance is reached. The City's requirement for full compliance may require minor corrections and/or complete demolition of a non -compliant improvement, regardless of costs incurred, where the project does not comply with design requirements and approvals that the applicant agreed to when permits were pulled to construct the project. Section 4. The Architectural Commission Chair shall sign this resolution and the Commission's secretary shall attest to the adoption thereof. Passed, approved, and adopted this 26th day of October, 2022. Architectural Commission Chair Architectural Commission Resolution No. 2022- Page 7 ATTEST: Architectural Commission Secretary CO LLJ S i N pK U ti� byd-4-Yc a n� [tL Q V i♦ Q�N 3 e 3 JN � F i,utJkrY3r�btiM��FazYzQ hhIlvYtu"�riil lLu�khd±"d �iw�gA1g<4d u<uougO��°133r° 1zki�kS1Np�3d`0:o<7e'd8&Fgo8b��'�d ��tl "•��:3<LLi='Lu tvydr,E£! 3yyYya4l1(.. ��•r°,° "`l/ir,- � 'pS4'83SNN3tlp_�. d� tO1 N,tl13' tr�4m �yr������F` ' 9i�I°II 0. dHos�f lduIlI ��Z�azs_� 1�pX� �c-g��i���I.''.I 7 n�III'4 niaS„ 1iIFlIIi a�Ybsy %IllII�II x` '1i1��eH3390v iiIII'IiW 'a N l S 3 d y It i2l `a'kk �wB Roo- �f 17413k v IU 4 2 f'Ak!I� p get ycyl'!11 . �14qAAVe° sa.}F�I Iljl1,IIoo"azAW4ofiI l�'l.dfa P. H a �II�IIi S. Hrt I � baI�I o s _ In &Ma wm- ;IIfi(IIIII �I�1}IIII : I�( 1 _o i k Y j t. 7.3,f_.._ 0 2 § � < d`�wNno Lg �. % O« <_ • an�ne�N��m'#e! :)|�.•( ; 913ow !§§z | !SH Mill 1BBO01B�kO1 ��u 2 §§ | , ! |);|! � • § M ],;•,HIM ; ;!!! c!'1 �• m f s VO `1NOW3NV-1D N w$$ a ONVA31f1O9 IIIH NCIGNI 'S 0178 g w F o J ((� �/�J m 9131OW Zzz a ® a s F y Iwo, rom g EL Z J. .0—.9 �t IN o F me 0 o N = ltlfiO3, 8 w NIH' 4 3f _ www �wwwww w/'OOOOi�i� �iOiwiwiwiwiwi�,Oi ♦�♦ a■i■�ii���iii��►imp _- o.❖.❖.❖ o•.o❖ ►d❖' - ♦w ��OOOOOi 9 Gil'/•i,�L ��1�, i1 � �. 'I' tv lad Z-`WA r;r fir 14. JK- W-,:%" IV I LAIMAI&-, Kv, Fix Ac 0i ke. Ap� APR lo, Nor 40 40 0211712022 08:52 y&�{ J� � � � � �� � /� � 2 ,���r£�r2,2 � .� <, � ag . ƒa2«i �� »� � d��22� /� ? -» : ,� a� / \� <� � �` °- , 2 \ »* \ � aim 1 Alif. AL&I• Aft &LO , ..+ r v �T. J 404 AN • r dP v t �f.unmuumm...,.,......n.,.�w, � W. jj IIIII I II[ _-- A v_ F I r7m let — Lot ems`-•- I P motet, N •rt 4� � 1 �a '-._ I _ `��� Gam: IN I� Motel ndscape Plan Architectural Commission October 26, 2022 loop— M ntp I A Pa rrp l to'; L. 833-495 '*806 AL kk— Sao r. Id V 1 � 1 B60 JJ1 a8b J41 � {_ Ir—, 1 I 1 J 3 • 6.1 Acre Site • CF Zoning District • Dependence on Fwy Exposure Motel 6 landscape Plan • Submittal Required by Cit • Loss of Trees &other plat • Broader Quality of Life Is,-; • 1969 & 1970 Approvals • 1973 Tennis Courts AC A • Code Enforcement/Coma Pr 422-A07 I Oct 26, 2022 Other Community Complaints • Use of Gas Powered Leaf Blowers (Noise/Dust) • Obtrusive Nighttime Lighting Spillage over Property Lines • Noise associated with motel guests in east parking lot • Proposed Development of Tennis Courts to Townhomes • Code Enforcement/Community Improvement Focus oa SED DRAW —P & DRY W -GDETER RUN C— SELO Tut CA -CM bkl— AT ,HEFT -2 U 5TwG 31OMGE , D RL-1— .. BE A — .- 1. --L.1 S­ . C— Of --T - ex= DI t. i i T77-1 4 TALL CRAM —FENCE 9 DfTA& AT S "T L-.' SHRUB LEGEND $Sorm a z < z I.-: 80 W,3 2 -i Lu uJ iaaoU CONCEPTUAL PLANTING PLAN TREE LEGEND SYM. BOTANI ML NAME COMMON NAME SLZE QTY. W UCOLS CERCIDIUMX'DESERTMUSEUM' DESERT MUSEUMPALOVERDE 24"BOX 9 M./L. CERCIS CANADENSIS EASTERN REDBUO 24" BOX M. L CINNAMOMUMCAMPHORA CAMPHOR TREE 36"BOX 3 5 M./L M. COCOS PLUMOSA QUEEN PALM 24" BOX UGUSTRUM JAPONICUM'TEXANUM' WAXLEAF PRIVET 1S GAL 7 M./L. LOPHOSTEMON CONFERTUS BRISBANE BOX 24" BOX 13 M./L. QUERCUS ENGELMANNII ENGELMANN OAK 48" BOX 3 M./L. TRISTANLA LAUTINA WATER GUM 24" BOX 4 M. L. 0 FICUS MICROCARPA NITIDA IHDIAN LAUREL FIG 24" BOX I M./L O FICUS M. NITIDA-COLUMN HEDGE INDIAN LAUREL FIG 24" BOX 20 M./L. EXISTING TREES- THIN OUT CROWNS TO REESTABUSH BRANCHING SHRUB LEGEND SYM_ BOTANICAL NAME COMMON NAME SIZE QTY. WLICOLS ARCTOSTAPHYLCIS'PACIFIC MIST PACIFIC MIST MANZANITA �5'O.C. SGAL 837 SF L. ARCTOTHECA CALENDULA CAPE DANDELION FLAT 4797 SF M./L " CERASTIUM TOMENTOSUM SNOW -IN -SUMMER FLAT 4861 SF M./L DASYLIRION WHEELERI DESERT SPOON S GAL 32 EA L KURAPIA GRASS +=3=. 3' THICK D.G -DESERT GOLD 12.768 SIP LAYER 0-3" SHREDDED WOOD MULCH APPLY TO ALL PLANTING AREA 40.827 S LOCAL BOULDERS We 1,50 EA 1X4 BEND -A -BOARD, BROWN 453 LF landscape Plan • Central Courtyard :l 3 :mot ! , s .r "• •,�. sir � k � � � e--r= -A07 I Oct 26, 2022 G40— � oL1 �n E W M11PI4�d111p �IpMN spy -� Z Q Z Q Ui U Of Q I 10 Neighborhood Issues with Motel 6 • Privacy Screening along Motel East Property Line 2117122 - - 4 Mid- -44-160,60 ARM nt'�o r�lo oL1 �n 1897 -A07 I Oct 26, 2022 Neighborhood Issues with Motel 6 • Regrowth of Inappropriate Trimming Neighborhood Issues with Motel 6 • Trash Enclosure & Pool Ile V, low VFW -A07 I Oct 26, 2022 Ont IM 199 East Property Line Interface 0o a� co w :• jib- C CO w Title I Date Neighborhood Issues with Motel 6 • Additional Wall Topper Vinyl Fencing 2015 PROPOSED DRAIN SUMP t DRY WELL TO DETER RUN OFF SEE DETAIL CATCH BASIN AT SHEET L-2 EXISTING STORAGE SHED RECONSTRUCT TO BE A TRASH ENCLOSURE AND TO CURRENT STANDARDS a CITY OF CLARFIAONT STANOARDS s1%% do, 1%i� o�� MNA � 4� PROI m4x I I L1\ Title I Date n., _ Iw: L 1,. • Existing Trash Enclosure Location/Condition • American Ave Parkway and Setback Area Landscape • Wood Fence Facing American Ave • Flood Lights Mounted Mansard Metal Roof Perimeter Y�t'Cp IR97 American Avenue facing fence Neighborhood Issues with Motel 6 • Miscellaneous Light Standards & Area Lights *ft6 -A07 I Oct 26, 2022 0 nt��o uw Igo �e,7 - Title I Date IR97 'v .. .. - , 1: * ". " . . ATTACHMENT 5 Architectural Commission Minutes October 26, 2022 Page 3 Professional Building; seconded by Commissioner Castillo; and, carried on a roll call vote as follows: AYES: Commissioner— Bennett, Spivack NOES: Commissioner - None ABSTAIN: Commissioner - None ABSENT: Commissioner— None Castillo, Cervera, Neiuber, Perri, and Chair Neiuber noted that this decision can be appealed within ten calendar days. 3. Architectural and Site Plan Review #22-A07. Proposed Landscape Plan at 840 South Indian Hill Boulevard — Motel 6 This item starts at 00:27:08 in the archived video. Community Development Director Johnson presented a PowerPoint presentation and answered Commissioner questions regarding: A) the trash enclosure; B) lighting; C) types of trees/landscaping; D) irrigation; and E) parking areas. The project applicant provided additional information regarding the trash location and lighting. The applicant also answered Commissioner questions regarding the lighting and the relocation of the trash enclosure. Chris Soltis, Landscape Architect, spoke about the catch basin and answered Commissioner questions regarding: A) the lighting; B) relocation of the trash enclosure; C) the location of a Southern California Edison transformer; D) water use; and E) trees/landscaping. Chair Neiuber invited public comment. Darvin Gomez spoke to the plan not including enough attention to the tennis court area and believes the plan should include screen bushes along the eastern boundary of property near the homes on Drake Avenue. He also suggested further landscaping along America Avenue and urged the City to require more landscaping in that area. Mr. Gomez also spoke about the tennis courts potential sale and future development. Ramon Cota spoke about his property's location near the dumpster area and the rodent issues associated. He understands the expense, but the upkeep of property and business must be handled by the responsible party. Virginia spoke about the need to move the trash enclosure due to the smell and rat problems. She shared concerns about the length of time new landscaping will need to grow and provide coverage. She believes more screen cover is needed. She proposed that the property be torn down and allow the police department to build a police station at the location. Jim Keith shared concerns about the removal of trees, how they were removed, and the time it will take for new trees and landscaping to grow to a height that will provide Architectural Commission Minutes October 26, 2022 Page 4 screening. He also shared concerns about how the existing landscaping died and the way it was watered. Mr. Keith also addressed inconsistencies in Discover Claremont that lists features and amenities such as a pool that are not currently available at Motel 6. Joe shared his support for his neighbors and urged the Commission to consider the requests to move the trash enclosure. Feels that it is a shame that the property has been neglected and said it should be maintained. He reiterated Mr. Keith's statements that the trees died due to the water being shut off. Joe shared hope that future Ficus trees will not be cut down by the owner or Edison. Bryan Trunik, via Zoom, expressed concerns for rats, rodents, and cockroaches next to the garbage area, which spills into neighboring backyards and properties. He explained that the existing trash area was never built to code and that he provided Community Development Director Johnson with the Los Angeles County codes. He also mentioned that the trash is picked up multiple times a day making a lot of noise at varying hours of the day, sometimes very early. He asked that trash enclosure be relocated away from residential homes and built to code. Mr. Trunik also expressed screening concerns due to height of the proposed landscaping, the existing Eucalyptus and Ficus trees, and the maintenance of the new landscaping. Additionally, he spoke to the problem of crime and the need for more detail in the proposed landscape plan. Heather Gomez, via Zoom, shared concerns about privacy, security, and lighting. She shared an incident where motel guest was looking directly into her backyard and detailed problems with motel residents throwing things over fence onto her property. Also, people have attempted to jump the fence onto her property as well. She requests an amendment to extend the wall -top privacy screen further south along Drake Avenue beyond what is proposed to create an additional barrier for security and privacy. Reiterated concerns from other speakers regarding compliance from property owners. Asked what the oversight will be for enforcement of current owner's compliance for enforcing proposed plan. David Shearer, Director of Claremont Heritage via Zoom, suggested that property is historic because it was designed by David Underwood. Mr. Shearer spoke to the former beauty of the landscaping and offered that revisiting the previous landscape design might address current resident concerns. He also shared that this historic property deserves attention and ability to shine. There were no additional requests to speak. Community Development Director Johnson shared additional information relating to questions and concerns from public comment regarding increasing landscaping on eastern side, water use, the empty swimming pool, and adjustments to the mulch refresh timeline. He also indicated that three fines were issued by the City to the property owner and that the property owner's attorney filed appeals that have not yet been concluded. He then explained that the property is one of City's highest priority code enforcement cases and will continue to be in the months and years to come and will be handled by Community Improvement Staff. One of the conditions of approval Architectural Commission Minutes October 26, 2022 Page 5 for the plan being presented tonight is if demolition of the tennis courts does not occur within 24 months, an entirely new landscape plan will need to be submitted for court area. Community Development Director Johnson answered Commissioner comments regarding the fines or consequences for code violations, the amount of fines, the tennis courts and clubhouse, the historical significance of the building, and clarification of any existing and proposed electrical transformers. Chris Soltis, Landscape Architect, was asked to answer additional Commissioner questions regarding Ficus hedge size, growth, scouring, and water run-off. The project applicant addressed water use and current drought -related restrictions for use of sprinkler systems. He also noted that, since this landscape plan is already in the works, he did not want to waste water irrigating a soon to be removed landscape. Commissioner Bennett shared concern for the eastern boundary of the property and the problems with rodent and pest control that are impacting neighboring residents. He also indicated that the landscaping of the property needs more attention, especially along the east property line. Commissioner Cervera agreed with Commissioner Bennett's comments regarding the owner's responsibility to maintain landscaping and trees. He shared concerns with the tree removal that has already occurred and wants to see the property owner re- establish landscaping along the entirety of the eastern property line. He then noted the need to further improve storm water catchment on the site to avoid a burden to the storm drain system. Commissioner Perri proposed a review of the site plan to address lighting and widening and moving the trash enclosure. Commissioner Spivack agreed with her fellow Commissioners regarding the loss of trees and the need to widen tree planter areas, relocate the trash enclosure, resolve the lighting issues, and address the lack of landscaping on the eastern side of the property. She shared concerns about the height of wall being lower on eastern side of property adjacent to the tennis courts. This provides opportunity for people to jump over the wall. She also suggested that mulching be done at least every six months and wanted to make sure that the Ficus hedge proposed by architect be approved by Edison. Commissioner Castillo agreed with her fellow Commissioner's comments and believes that the trash enclosure should be moved. She would like to add Ficus trees along entire eastern boundary of property and do more than mulch along American Avenue. She shared concerns about when or if a developer will purchase tennis courts and clubhouse area. She stated it is a shame that the neighbors have had to deal with these problems and that the proposed housing developer should work out the landscaping improvements as part of their negotiations. Ms. Castillo suggested this item be continued in order to get a new plan that encompasses more solutions. Architectural Commission Minutes October 26, 2022 Page 6 Chair Neiuber agreed with his fellow Commissioners and suggested that the Commission make additions to existing plan/resolution rather than continuing the item to a later meeting and noted that the neighbors have waited long enough these problems to be addressed. He then clarified that if the tennis court area was not redeveloped within 24 months, a new and separate landscape plan would need to be prepared. He also proposed approving the project with several conditions of approval to be added to the resolution. After further discussion regarding the proposed added conditions, the consensus of the Commission was to revise the resolution to include following conditions: • Widen the planter on the east side of property to allow larger 36-inch hedge trees to be planted and extend this hedge landscaping for the entire length of the eastern property border, including the area adjacent to the tennis courts. • Move the trash enclosure from current location adjacent to homes and place it further west, preferably at the northwest corner of the property. • Refill the currently empty swimming pool as soon as possible. ® Remove all non -code compliant lighting fixtures and replace with code compliant lighting as described in Condition of Approval D. • Revise Condition of Approval G to require full landscaping within 12 months and replenishment of temporary bark mulch cover after 6 months. Commissioner Castillo moved that the Architectural Commission adopt Resolution No. 2022-11 of the Architectural Commission of The City of Claremont, California, Approving Architectural and Site Plan Review #22-A07, Proposed Landscape Plan at 840 South Indian Hill Boulevard — Motel 6 as amended; seconded by Commissioner Perri; and, carried on a roll call vote as follows: AYES: Commissioner— Bennett, Castillo, Cervera, Neiuber, Perri, and Spivack NOES: Commissioner - None ABSTAIN: Commissioner - None ABSENT. Commissioner— None Chair Neiuber noted that this decision can be appealed within ten calendar days. ADMINISTRATIVE ITEMS - NONE REPORTS This item starts at 02:48:07 in the archived video. Commission Commissioner Comments Chair Neiuber shared that the electrical boxes around the City look great. Architectural Commission Minutes October 26, 2022 Page 7 Commissioner Castillo let the Commission know that there is a possibility of a Phase 2 for more art being added to utility boxes and transformers in the City. Chair Neiube'r shared that the motel building is not on the local register, but that any building of a certain age or associated with a certain architect, architectural movements, historical events, etc. may be considered historic, even if not on a register. Staff Briefing on Council Meetings Principal Planner Veirs reported on items of interest from the previous City Council meetings. Briefings on Other Items There were no items to report. Upcoming Agendas and Events Principal Planner Veirs described items expected to come before the Commission at the November 9, 2022 meeting. ADJOURNMENT Chair Neiub r adjourned the meeting at 10:01 p.m. Chair`_ ATTEST: oama", thiv, Administrativ Ass taut ATTAQHMENT 6 • M S OF THE ARCHITECTURAL CCMMISSION COUNCIL C A10ER CLAREMONT, CALIFORNIA INay.23, 1973 The regular meeting of the Architectural Commission was, called to order by Acting Chairman Makow at 7:40 p.m. PRESENT: Acting Chairman Makow, Commission Members 'Fig, Schoen, Esterline, LaBarbera) V ALSO PRESENT: Associate Planner Stambler. ABSENT: Commission Members Abbott, Tipping LATE ARRIVALS: None EARLY DEPARTURES: None MINUTES OF MEETING Minutes approved as mailed. OF MAY 9, 1973: SIGN REVIEW. 815 W. FOOTHILL BOULEVARD. APPLICANT - COUNTRY CLUB BARBER SHOP Associate Planner Stambler stated that this sign has been resubmitted because the previous staff report contained an error with regard to the size of the signs adjacent to this sign and the copy has been changed, specifically, the word "Shop" has been changed to "Salon". The applicant has provided justifications which were not included in staff report last time. The style of lettering and colors are the same. Staff is concerned with the size of the sign and recommends 2 1/2 feet instead of three feet and also recommends a reduction in the amount. of copy. These points were mentioned to the applicant. However, he wanted to come back with the sign as is. W. Makow said the sign was denied because of it's being oversized, poorly executed and not in conformance with the surrounding signs. He asked the Commissioners if they feel the same way about the graphics, to say "Salon" instead of "Shop"? Mr. LaBarbera stated he spoke with the applicant and felt that the copy "Men's Hair Styling" refers to a specialty and he could see justification for it. The applicant is now specializing in styling and has a place in back of his shop partitioned off with special chairs. Seeing it again, I have no,objection to the graphics. They will be in line with the other signs. The adjacent signs are 2 1/2 feet and 3 feet and his sign will only•be"3" more on the top and bottom. I -even made some measurements myself. Mrs. Schoen said the graphics are the problem in that it looks amateurish. Associate Planner Stambler said if you cannot make a decision, we can ask the applicant to submit a better rendering of what is intended. Mr. Makow asked what the colors are. Associate Planner Stambler answered, red, white and blue as submitted previously. Mr. Makow said he is very confident there are other more effective solutions to the graphics on this sign. Do you know who prepared this particular sketch? Associate Planner Stambler said she did not know. There was a sign company working with the applicant at the time of the last meeting. However, when the applicant came in with the sketch, he did not have a sign company. Now, I believe he does have one. Mrs. Schoen said if you have a poorly executed sign, this reflects on the business, in the same way a good looking sign also reflects the quality of his business. Associate Planner Stambler said many times people do not know what an adequate rendering is. Mrs. Goldberg said she just cannot tell from the sketch and graphics on the sketch what the sign is going to look like. I do not understand from the rendering what the letter style is. Mr. Makow said if it was done by a.professional sign maker, it would still not be good, because it would be crowded. If they are solid letters, rather than line letters, they will have a different look. W. LaBarbera made a motion and Mr. Esterline seconded the motion to table the item. The application was unanimously tabled. i A.C..- 5/23/73 Page 1 of 10 Mr. Esterlin d he is d •ig to vote against the moti 'e are asked to accept a rendering � is incomT,.Lete and which has been put ,,efore staff can review it. This renders an injustice to other applicants who come here with prepared material. Mr. LaBarbera said your comments are very well taken. The applicant, however, was unfortunately mislead somewhere else. In all fairness to the applicant, I think it is proper under the circumstances to approve this. I am satisfied that it is a proper _ rendering. Mrs. Goldberg'said she feels the applicant would have been here initially but for an unfortunate error, and that we should consider the application at this time. It does make more work for us and double time. I do feel this is the second time this sign has cane up before us and if we can get the matter approved, this is the procedure we -should follow. The motion.failed. Mr. Esterline moved to table the matter until the next.meeting with the request the applicant provide a complete rendering along the lines we discussed here. Mrs. Schoen seconded. Mr. Makow said the Commission does not have an objection to the size nor the general graphics. The applicant should submit a rendering of the sign that is more complete so that it can be reviewed by staff. It will help us judge better. The question was called and the motion passed. /V O JL,, j Ool, 6 / 1 ? / -7 3 Mr. —LaBarbera -suggested that he have the sign maker bring an exact sign rendering in and show the size of each letter and the size of the can and the spacing exactly what it is going to look like, and you will have a better chance for it. If you need any advice, stop by the Planning office and they can show you how it should be presented. Mr. Makow acknowledged the presence of Mr. Walter Methner, representing Marie Callender's, and explained the action taken by the Commission. Mr. Methner said the reason he wanted more height was for the pedestal. He likes the pedestal shorter. Mr. Callender does not like signs. I am disappointed that you rejected my sign. If you will give me permission to put it up for three months, I will take it down if you do not like it. He then asked if he could come in with a new pedestal. j Dtr. Makow said the procedures of this Camuission.are if you have a substantial change from your original presentation, you can bring it in any time. Mrs. Goldberg said it is a very handsome sign. Mr. Methner said he would come in with a better sign he was sure the Commission would approve. I ARCHITECTURAL $ SITE PLAN REVIEW #6302, APPLICANT - RODEWAY INN TENNIS CLUB•, 840 S. INDIAN HILL BLVD., TENNIS COURTS Associate Planner Stambler described the request for approval of a tennis club as an addition to the Rodeway Inn complex. The proposed club will be located on the vacant property that is south of the Rodeway Inn and east of the Beef 'n Barrel Restaurant and the Mobil Service Station. The plan indicates 11 courts, a deck area and 27 new parking spaces. The courts are in two rows, one with four courts and the other , with seven. A landscaped walkway is situated between the two rows, with two small seating areas. These seating areas will- be textured concrete. The applicant states they would want a 12 foot fence. They feel a black chain link would be very attractive. The material for the decks is redwood. The paved area between Courts 8 and 9 Has intended to be an entrance from American Ave. However, not it will be an enclosed practice area. Mr. Makow asked if the whole thing is going to be enclosed, and whether the number of parking spaces provided is adequate. Associate Planner Stambler said yes to both questions. She stated that many users will be motel guests and .would not require an additional space. A.C. - 5/23/73 Page 9 of 10 Mrs. Goldbe ted thei is a lot of concrete and thA sties have not been estioned the amount of setback and lanab ping. She asked how preserved. Sk wide is the area between the courts and American Ave. 1, i` i i Mr. Makow said he believes it is pretty good size width wise.. They can have nice shrubs. The drawing is not to scale, but the area is 15 feet wide. Mrs. Goldberg said she thinks they should have a solid fence 12' high. The chain link would not screen the lights at night. Mr. Makow said if the plants grow up, they will screen most of the fence. Do you have details of the lighting. Associate Planner Stambler said not yet, but that Director Hightower has talked to the architect about the lighting. The hours of operation are not after 10 p.m. A condition of use is that the two parcels have to be tied together into one. They would have to go through a rerecordation procedure. Mr. Makow said it doesn't really have to do with us and we feel we should not make it a condition. You will not give them a permit unless they do tie the parcels together. We stay away from those areas which are in the jurisdiction of other bodies. Mr. Makow asked Mrs. Goldberg -what she thought about tieing it to any condition if we move to approve the application. Mrs. Goldberg said if you want to put it in, we can treat it as superfluous. Mr. LaBarbera suggested the application be approved as submitted with all the conditions set forth in the staff report. Mr. Makow stated he is having great concern over the parking situation. These courts are intended for use by private members as well as for motel guests. A business the size of the motel, one or two courts would be plenty. If the applicant desires more courts and wants to invest money in them„ he=c-an-tle—i-t later-. This may be an extensive 73 tennis club, and I think 27 extra parking spaces are not adequate. I really think we are going to have a lot of parked cars on American Ave. Mr. LaBarbera said the spillover would be into the motel complex and restaurant. If the two were ever divided, the proposal would have to be reviewed again. Mr. Makow said it will not come up to us again. With regard to the planters, I know the staff will not approve little junipers and other plants. He asked staff if it is too much of a burden on staff to tell the applicant he must have -five gallon rather than one gallon plants. Associate Planner Stambler responded, no, but it always helps if the applicant is aware in advance of the Commission's concern that there be dense landscaping. Mr. Makow said he has a strong concern about the planting on the south and east side of the tennis courts. Mrs. Goldberg moved and Mr. Esterline seconded that the tennis courts be approved, w �T-k The motion passed unanimously. REPORTS Associate Planner Stambler reported on two letters, one from City Attorney lin. G.Bergman and the other a letter from Mr. Keith F.,Mul.rooney, City Manager on the Council's review of the appeal by Mr. Makow regarding the use of. redwood headers in lieu of concrete curbs. She stated that the Commission should think about the possibility of a Code revision and that staff would prepare a recommendation for the Commission to review, probably at the next meeting. ADJOUR'v ffNTT On motion made, seconded and carried, the meeting was adjourned a 10:40 M. ATTEST:' / _ Y ram Ma ow, Acting Chairman kArchitectural Commission A.C. - 5/23/73 Page 10 of 10 ATTACHMENT 7 RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, DENYING THE APPEAL OF AND AFFIRMING THE ARCHITECTURAL COMMISSION'S APPROVAL OF ARCHITECTURAL AND SITE PLAN REVIEW #22-A07 FOR A PROPOSED LANDSCAPE PLAN AT 840 SOUTH INDIAN HILL BOULEVARD — APPLICANT & APPELLANT — BHUVNESHWARI CORPORATION DBA MOTEL 6, SAPNESH AMIN WHEREAS, Bhuvneshwari Corporation, d/b/a Motel 6 ("Motel 6") filed an application for Architectural and Site Plan Review #22-A07 to re -landscape all existing landscape areas on its property located at 840 South Indian Hill Boulevard (the "Property"); and WHEREAS, the Property is located in the City's Commercial Freeway District (CF) where motels are a conditionally permitted use; the CF District is intended to provide for a concentration of major commercial uses such as hotels, service stations, restaurants, auto sales, and big box retail uses that are dependent on their exposure to large volume freeway traffic, and uses that are related to and serve the needs of the motoring public; and WHEREAS, the northern part of the Property contains a two-story motel constructed in or around 1972, and the southern part of the Property contains a tennis club constructed in or around 1973; and WHEREAS, in or around 1971, the City's Architectural Commission ("AC") approved a landscape plan for the motel portion of the Property, and in or around 1973, the AC approved a landscape plan for the tennis club portion of the Property; and WHEREAS, there are residential neighborhoods directly to the east and south of the Property; and WHEREAS, among other things, the 1970s landscape plans for the Property require dense landscaping along the eastern and southern property lines to screen the motel and tennis club uses from surrounding homes; and WHEREAS, over the years, most of the landscaping on the Property has been damaged, died, and/or been removed, including the landscaping along the eastern and southern property lines that was required to screen the Property from surrounding homes; and WHEREAS, approval of Architectural and Site Plan Review #22-A07 will allow Motel 6 to re -landscape the Property in a manner that complies with the City of Claremont's current standards for commercial landscaping (set forth in Chapter 8.22 of the Claremont Municipal Code ["CMC"]) and water efficient landscape requirements (set forth in Chapter 16.131 of the CMC) and will replace landscaping needed to screen the motel and tennis club from surrounding homes; and WHEREAS, on October 26, 2022, the AC held a public hearing on proposed Architectural and Site Plan Review #22-A07; in advance of that hearing, courtesy notices were mailed to owners of and residents of properties located within a 700-foot radius of the Property; and WHEREAS, at the AC's October 26, 2022 meeting, all persons wishing to comment in Resolution No. 2022- Page 2 connection with Architectural and Site Plan Review #22-A07 were heard, and the proposal was fully studied; and WHEREAS, at the AC's October 26, 2022 meeting, Motel 6's owner (Sapnesh "Sam" Amin) testified that Motel 6 recently stopped irrigating the Property and allowed the existing vegetation (including several large California Redwood trees) to die in anticipation of the Property being re -landscaped in the very near future; and WHEREAS, after considering the staff report, staff presentation, the Applicant's presentation, and all written and verbal public comment, the AC voted 6-0 (with one vacancy) to approve Architectural and Site Plan Review #22-A07, subject to conditions of approval, and the AC's decision is memorialized in AC Resolution No. 2022-11 (the "AC Approval"); and WHEREAS, on November 7, 2022, the City Clerk received an appeal of the AC Approval from legal counsel for Motel 6; and WHEREAS, per Section 16.321.020(D) of the CMC, Motel 6's appeal automatically suspended the AC Approval; and WHEREAS, in accordance with Section 16.321.020(E) of the CMC, Motel 6's appeal was forwarded to the City Council for a hearing at the City Council's next available meeting (i.e., November 22, 2022); and WHEREAS, legal counsel for Motel 6 requested the appeal hearing be postponed until, at the earliest, February 14, 2022 to accommodate her availability; however, because Motel 6 is no longer irrigating the Property, the condition of its landscaping is declining rapidly and is having ongoing significant negative impacts on the residents of neighboring homes and the surrounding community; as a result, staff determined that under these unique circumstances, postponing the appeal hearing by more than two months was not appropriate; and WHEREAS, on November 22, 2022, the City Council held a public hearing on Motel 6's appeal of its AC Approval; in advance of that hearing, courtesy notices were, again, mailed to owners of and residents of properties located within a 700-foot radius of the Property; and WHEREAS, at the City Council's November 22, 2022 meeting, all persons wishing to comment in connection with the appeal of the AC Approval were heard, and the appeal and underlying proposal were fully studied; and WHEREAS, the City Council has considered the full record for this appeal, which includes, without limitation, AC Resolution No. 2022-11, Motel 6's appeal, the staff report (including its attachments), the staff presentation, the Applicant's presentation (if any), and any and all written and verbal public comment on the AC Approval and Architectural and Site Plan Review #22-A07. NOW, THEREFORE, THE CLAREMONT CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein. Resolution No. 2022- Page 3 SECTION 2. The City Council affirms the Architectural Commission's determination that the AC Approval is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15304(b) (Class 4) for Minor Alterations to Land, in that Architectural and Site Plan Review #22-A07 entails the replacement of existing landscaping with new water efficient landscaping and returning certain other parts of the Property to compliance with prior approvals and City Codes. Therefore, no further environmental review is necessary. SECTION 3. Subject to the conditions of approval set forth below in Section 5 and based on substantial evidence in the record, the City Council affirms the Architectural Commission's determination that the review criteria of Section 16.300.060(A) of the Claremont Municipal Code (CIVIC) can be met in regards to the AC Approval as follows: A. Conformity with Development Standards - The AC Approval is in conformity with the standards for commercial landscaping in CIVIC Chapter 8.22, the standards for water efficient landscaping in CIVIC Chapter 16. 131, and all development standards for the Commercial Freeway (CF) zoning district as follows: 1. Setbacks: There are only front and street side yard building setbacks of 10 feet required in the CF zone. The existing buildings meet the required setbacks therefore, the proposed project is in conformity with the zone's setback requirements. The non -conforming parking lot perimeter landscape areas do not meet the minimum five feet required today; however, this is a legal, non- conforming condition that may be retained. 2. Building Height: The existing building heights are below the maximum 30-foot height allowed for a building or structure in the CF zoning district. The AC Approval only deals with landscaping replacement. It makes no changes to building heights. 3. Parking: The proposed parking complies with the parking requirements in effect at the time the existing uses were approved and constructed in the early 1970s. B. General Plan Consistency - The AC Approval is consistent with the following goals/policies of the Claremont General Plan: 1. Pursue Code enforcement actions to advance proper maintenance of homes, buildings, yards, and neighborhoods in all areas of the City (Policy 2-2.3) — Motel 6 submitted an application for Architectural and Site Plan Review #22-A07 in response to code enforcement action taken by the City to replace trees that were damaged and/or removed (particularly along the eastern and southern property lines next to homes), bring landscaped areas (which are currently largely bare) into compliance with current commercial landscaping and water efficient landscaping standards, replace a solid waste enclosure and exterior lights that do not comply with City standards nor prior approvals, and provide for proper landscape screening to adjacent land uses such as the single family homes along Drake Avenue and American Avenue. 2. Enforce property maintenance standards to help ensure neighborhoods are kept up, recognizing that property taxes generate significant revenue to the City. (Policy 3-1.7) — Over many decades, the condition of the Property has fallen into Resolution No. 2022- Page 4 disrepair. The AC Approval will restore the property maintenance and landscaping to established City standards. 3. Minimize noise from property maintenance equipment, construction activities and other non -transportation noise sources by enforcing designated construction and maintenance hours (Policy 6-12.3) — The AC Approval has been conditioned to respect the noise levels and allowed construction hours in commercial zones adjacent to single family residential zones. C. Compatibility of Form with Surrounding Development — There are no new proposed buildings that will unduly interfere, nor visually dominate the existing development pattern of the surrounding motel property; however, the augmented landscape plan is intended to bring the landscaping on the site to a condition similar to other commercial properties in the City. D. Compatibility of Quality with Surrounding Development — The AC Approval features a well -considered landscape design theme that employs high -quality materials that reflect the drought conditions the City is currently experiencing and planning ahead for global warming conditions and the need for more sustainable landscape designs with lower irrigation requirements. E. Internal Consistency of Design — The replacement landscaping is internally consistent with the motel use. In addition, requiring Motel 6 to replace unpermitted, roof -mounted lighting with ground -mounted lighting that complies with the Property's prior lighting approvals. F. Privacy — The new landscaping proposed with the project will return privacy screening to the adjacent residential uses along the eastern and southern property lines, which has deteriorated and been removed over past years. G. Internal Circulation - The circulation patterns, which have served the motel use for nearly fifty years, will remain in place and not be altered as part of the project. H. Sustainability — The proposed landscape and irrigation modifications will enhance the landscape while substantially reducing water usage for outdoor landscape areas. A completely new irrigation system, including drip irrigation will replace the existing inefficient system. Trees and plant materials will be removed and replaced with drought tolerant materials in consideration of global warming conditions being experienced across the State. The enhanced landscaping and climate appropriate plants are intended to thrive and provide larger canopies that will increase shade on the site and reduce the heat-island effect. Tree Preservation — Existing mature trees will be removed with this project; however the majority of these existing trees were pruned and trimmed over many years in an inappropriate manner that has destroyed their canopy and branch structure. The large California Redwood and Southern Magnolia trees are high water usage species with little canopy and are currently dying due to lack or water. The proposed tree species are anticipated to thrive in the local climate and provide a larger canopy over time. J. Light and Air — This project does not propose any development that will impinge on neighbors' existing access to light or use of prevailing winds for natural ventilation, or cast a shadow over an existing solar energy system (active or passive). Resolution No. 2022- Page 5 K. Environmental Protections - The proposed project has been reviewed pursuant to the requirements of the California Environmental Quality Act (CEQA) (see Section 2 above) and for compliance with CIVIC Chapter 16.154's environmental protection standards. Implementation of this project will help return the Property to compliance with CIVIC Section 16.154.060, which requires "yards" to "be maintained in a manner which is compatible with and which does not have a detrimental effect on adjacent or nearby property" and specifically identifies the following as a "detrimental and/or unsightly condition" — "junk, trash, or debris" and "[v]egetation that is diseased, dead, or presents a danger to the public." L. Health and Safety - The proposed project will improve the visual effect of the Property from view from adjacent public streets and neighborhoods and that visual effect will not be detrimental to the public interest, health, safety, convenience, or welfare. It features a re -designed landscape palette that is appropriate in design and water usage consistent with the other re -landscaping projects around the City of Claremont. The new screen hedge -row along the eastern property line will return a privacy screen once in place for the adjacent single family homes backyards. SECTION 4. The City Council hereby denies Motel 6's appeal of the AC Approval on each of the following independent bases: A. With respect to the AC Approval, Motel 6's appeal does not "set forth" any "alleged inconsistency or nonconformity with procedures or criteria set forth in or pursuant to this title" (i.e., the Zoning Code), as required by CIVIC Section 16.321.020(C). Instead, the appeal focuses almost entirely on Code enforcement activities that were outside the purview of the AC, were not considered by AC in connection with the AC Approval, and are not a valid basis for an appeal to the City Council pursuant to CIVIC Chapter 16. 321, such as the notices of violation and administrative citations the City issued to Motel 6. The procedure for an appeal of the City's administrative citations is set forth in CIVIC Chapter 1.14. Motel 6 has filed such an appeal separately, and it is currently pending. B. The objections Motel 6 raised in its appeal letter (which, again, largely relate to Code enforcement activities that were outside AC's purview) do not provide any valid basis to reverse the AC Approval. As set forth above in Section 3, the City Council affirms the AC's findings on Architectural and Site Plan Review #22-A07. SECTION 5. Based on the review criteria outlined above and substantial evidence in the record, the City Council hereby affirms the AC's approval of Architectural and Site Plan Review #22-A07, subject to the following conditions of approval: A. This approval is for the proposed re -landscaping of the existing Motel 6 property consisting of approximately 6 acres, as depicted on the project plans. B. The eastern property line parking lot planter area shall be widened to allow for 36 inch sized Ficus M. Nitida (Indian Laurel Fig) Hedge, spaced five feet on center. The landscape plan shall be revised to include the entirety of the east property line with the new 36 inch box hedge row, spaced 5 feet on center. Resolution No. 2022- Page 6 C. This approval is valid for six months from the date of Architectural Commission action. If landscape and irrigation permits are not issued, or a time extension has not been granted during this time frame, this approval shall automatically expire without further action by the City. The Director of Community Development is authorized to grant a six- month extension upon written request from the applicant that there were unavoidable delays. D. Prior to final approval of the landscape and irrigation installation, the applicant shall submit a photometric plan indicating the removal of all roof mounted area lights and the installation of new free standing light standards and pedestrian level lighting fixtures. All exterior fixtures are limited to a maximum color temperature rating of 3,000 Kelvin. Area and parking lot lighting shall consist of new decorative light standards not exceeding 15 feet in height. All exterior lighting shall conform to City lighting standards particularly those relating to light pollution and glare and be purpose oriented lighting fixtures. E. Within 10 calendar days of this approval, all non-traditional, decorative colored exterior light bulbs shall be replaced with traditional colored white light bulbs subject to review and approval of the Community Development Director, or designee. Within 60 days the sconce porte-co-chere column light fixtures shall be replaced with mid-century modern light fixtures with functional illumination -oriented lights in a color and intensity acceptable to the Community Development Director, or designee. F. All landscape and parking lot areas shall be kept free of weeds, trash, debris on a regular basis. G. If demolition work for re -development of the tennis courts does not commence within 12 months of the date of this approval, the applicant shall submit a separate landscape & irrigation plan for consideration of all existing landscape planters surrounding and between the courts, including the public parkway along American Avenue. Bark Mulch during the 12 months shall be maintained in a weed free and trash free condition. Bark Mulch shall be replenished or replaced after the initial 6 months. H. The applicant shall remove the unpermitted shed located in the northeast corner of the property and return the area to its originally sized trash enclosure area. Prior to final inspection of the landscaping, irrigation, and lighting features, plans for a new trash enclosure shall be submitted to the City for review and approval. The new trash enclosure shall be relocated and constructed at the northwest corner of the parcel. J. Prior to a final approval of all landscaping, irrigation, and replacement lighting, the reconstructed trash enclosure and fence/gate system along American Avenue shall be completed and inspected by the Planning, Engineering, Building and Community Services staff members assigned to this project. K. The final landscape and irrigation plan shall comply with the State's Model Water Efficient Landscaping Ordinance (MWELO). Resolution No. 2022- Page 7 L. Ascertain and comply with all requirements of the City's Building Division, including the submittal of complete architectural, electrical, landscaping plans duly wet stamped and signed by a licensed architect or designer. M. The construction documents submitted for plan check shall be in substantial conformance with the Architectural Commission approval. N. Ascertain and comply with the requirements of the Los Angeles County Fire Department. O. Pay all applicable permit and development review fees as established by City ordinances and resolutions. P. During re -landscaping operations, the applicant shall implement best available control measures (BACMs) to minimize nuisance levels of construction activity emissions such as dust, emissions, and off -site impacts. BACMs shall include but are not limited to the following: 1. Water all active construction areas at least twice daily. 2. Cover all haul trucks or maintain at least two feet of freeboard. 3. Pave or apply water four times daily to all unpaved parking or staging areas. 4. Sweep or wash any site access points within 30 minutes of any visible dirt deposition on any public roadway. 5. Cover or water twice daily any on -site stockpiles of debris, dirt, or dusty material. 6. Suspend all operations on any unpaved surface if winds exceed 25 mph. 7. Hydro -seed or otherwise stabilize any cleared area which is to remain inactive for more than 96 hours after clearing is completed. 8. Require 90-day low-NOx tune-ups for off -road equipment. 9. Limit allowable idling to 5 minutes for trucks and heavy equipment. 10. Encourage carpooling for construction workers. 11. Limit lane closures to off-peak travel periods. 12. Park construction vehicles off traveled roadways. 13. Wet down or cover dirt hauled off -site. 14. Wash or sweep access points daily. Resolution No. 2022- Page 8 15. Encourage receipt of material during non -peak traffic hours. 16. Sandbag construction sites for erosion control. Q. Ensure the following measures are observed during all construction -related activities for the project: The hours of construction operation are limited to the hours from 7:00 a.m. to 8:00 p.m., Monday to Saturday. No construction activity is allowed on Sundays and federal holidays. 2. Staging areas shall be located away from any existing residences as determined by the Building Official. 3. All construction equipment shall use properly operating mufflers. R. During the course of all on -site grading and construction activity, the applicant shall employ adequate dust control measures in accordance with the California Building Code, SCAQMD, and City requirements to minimize fugitive dust. S. Noise sources associated with construction activities shall not exceed the noise levels as set forth in Section 16.154.020(f) of the Claremont Municipal Code. T. To ensure compliance with the provisions of this Architectural Commission design approval, a final inspection is required from the Planning Division when work has been completed. The applicant shall inform the Planning Division and schedule an appointment for such an inspection. U. Upon final inspection, the City will commence a 30-day lighting level review of all, exterior lights. If illumination levels, glare, or other applicable issues are found to be excessive, the applicant will be directed to modify the lighting as necessary to be at an acceptable level. V. Noncompliance with any condition of this approval shall constitute a violation of the City's Municipal Code. Violations may be enforced in accordance with the provisions of the administrative fines program of Chapter 1.14 of the Claremont Municipal Code. W. The applicant/owner, by utilizing the benefits of this approval, shall thereby agree to defend at its sole expense any action against the City, its agents, officers, and employees because of the issues of such approval. In addition, the applicant/owner shall reimburse the City et al for any court costs and attorney fees that the City et al may be required to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant/owner of its obligation hereunder. X. Failure to comply with any of the conditions, including design issues as shown on plans reviewed and approved by the City of Claremont, may result in failure to obtain a building final and/or a certificate of occupancy until full compliance is reached. The City's Resolution No. 2022- Page 9 requirement for full compliance may require minor corrections and/or complete demolition of a non -compliant improvement, regardless of costs incurred, where the project does not comply with design requirements and approvals that the applicant agreed to when permits were pulled to construct the project. Y. The existing outdoor swimming pool and spa shall be re -filled immediately with water and kept filled with water and maintained throughout the year for use by motel guests. Weekly chemical measurements, additives and cleaning shall be strictly adhered to. SECTION 6. The Mayor shall sign this resolution and the City Clerk shall attest to the adoption thereof. PASSED, APPROVED, AND ADOPTED this 22nd day of November, 2022. Mayor, City of Claremont ATTEST: City Clerk, City of Claremont APPROVED AS TO FORM: City Attorne , ity of Claremont