Resolution - 6582RESOLUTION NO. 6582
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA,.GRANTING A VARIANCE
(Variance No. 827 - McDonald's Corporation)
The City Council of the'City of West Covina does resolve
• as follows:
SECTION 1. It is hereby found and determined that the
application of McDonald's Corporation for a variance to permit the
construction of a 64.2-square foot per face free-standing sign
standing 15 feet high in the front setback area and installation of
parking directional signs in excess of a.four-foot height on property
located at the southwest corner of Amar Road and Azusa Avenue in the
Neighborhood -Commercial (N-C) Zone and more particularly described
in Variance Application No. 827, was duly made, that a hearing thereon
was duly held by the Planning Commission after legal notice thereof,
that the Planning Commission denied said Variance by its Resolution
No. 6-82-3166, that said action was appealed to the City Council by the
applicant, and the City Council has held a hearing thereon after notice
thereof.
SECTION 2. It is hereby found by the City Council that:
(a) The findings necessary for the granting of a variance
for the 64.2-square foot per face, free-standing sign were met, in that:
1. There are exceptional or extraordinary circumstances
existing on the subject site which do not generally apply
to other properties in the surrounding area. The
restaurant is located on a heavily travelled intersection
from which attention is directed toward three other
• highly advertised shopping centers also located around
the intersection. The present signage (Mansard) permitted
by.Code is not sufficient for traffic to identify the
project and make.a safe entry. In essence, the effective
invisibility of the site, since not re'adily'ihdentified
by a sign proportionate to those of the shopping centers,
constitutes an exceptional or extraordinary circumstances.
2. Such a variance is necessary for the preservation and
enjoyment of a substantial property right enjoyed by other
residences in the.. -same vicinity, but which is denied to
the property in question. The inability to provide
effective project identification by sigriage of similar
style and proportionate size to surrounding centers, would
deny a substantial advertising right possessed by other
property in the same vicinity and zone. A free-standing
sign is necessary to distinquish the project from future
landscaping,development and congestion at the intersection
and to identify the site as a commercial establishment
separate from the three shopping centers.
3. The granting of a variance will not be materially detri-
mental to the public welfare and improvements in the same
Vicinity. The granting of this variance is necessary to
facilitate sufficient response time for traffic travelling
by and persons desiring•to enter the.project site. The
• choice of sign finishes and materials used will be reviewed
by the Planning staff to ensure aethetic compatibility
with the building styles..._
4. The granting of a variance would not adversely affect
the General Plan. The proposed use is consistent with the
General Plan which provides for commercial activity at
this location. /
(b) The applicant has not directed any supporting statements
for a -waiver of parking directional sign height, consequently there are
no findings for approval of a variance for height of parking directional
signs.
SECTION 3. A variance is hereby.granted for the free-standing
sign as applied for in Variance Application No. 827. It is granted
subject to the following conditions, -the violation of any one of which
• shall be grounds for the revocation of this variance by the Planning
Commission or City Council:
1. Comply with Study Plan "A", dated June 2, 1982.
2. Comply with Exhibit No. 1.,
3. Parking,directional signs shall be a maximum of four -feet
in height and comply with'the Code regulations of
Section 26-329.
4. The proposed sign finish colors and building materials
shall be reviewed and approved by the Planning Director
prior to the issuance of a sign permit.
5. All signs shall have interior illumination only, and have
no exposed lighting devices or apparatus.
6.. The findings for the granting of this Variance shall be
complied with and are set forth as follows:
a. There are exceptional or extraordinary circumstances
existing on the subject site which do not generally
apply to other properties in the surrounding area.
The restaurant is located on a heavily travelled
intersection from which attention is directed toward
three other highly advertised shopping centers also
located around the intersection. The present signage
(Mansard) permitted by Code is not sufficient for
traffic to identify the project and make a safe entry.
In essence, the effective invisibility of the site,
since not readily identified by a sign proportionate
to those of the shopping centers, constitutes an
exceptional or extraordinary circumstances.
b. Such a'variance is necessary for the preservation and
enjoyment of a substantial property right enjoyed by
.other residences in the same vicinity, but which is
denied to the property in question. The inability
to provide effective project identification by signage
of similar style and proportionate size to surrounding
centers, would deny a substantial advertising right
possessed by other property in the same vicinity and
zone. A free-standing sign -is necessary to distinquish
the project from future landscaping development and
congestion at the intersection and to identify the
site as a commercial establishment separate from the
three shopping centers.
C. The granting of a variance will not be materially
detrimental to the public welfare and improvements in
the same vicinity. The granting of this variance is
necessary to facilitate sufficient.response time for
which traffic travelling by and persons desiring to
enter the project site. The choice of sign finishes
and materials used will be reviewed by the Planning
staff to ensure aethetic computability with the
building styles.
d. The granting of a variance would not adversely affect
the General Plan. The proposed use is consistent with
the General Plan which provides for commercial activity
at this location.
n
•
C:
7. Flagpole banners may be erected for an initial temporary
period not -to exceed 30 days and shall comply with all
provisions of Section 26-339.
8. This _s:ig.n variance � .is 'granted � to I44cDonk1d s� Corporation
as a part 'of, the' oper.ato:n 'of this site as' a McDoria.7 d's
'restaurant.,.This ;':var.ian,e 'shal`1 become ..null -.and void:
upon: any change in- the: use. o..:.this .site..and/ox:.the :name
of. ..the restaurant.
9`. The Variance shall not be effective for any purpose until
the owner of the property involved (or his duly authorized
representative),has.filed with the Zoning Department an'
affidavit stating that he:.is aware of, and accepts, all
conditions of this Variance.
SECTION 4. The project is a Class I, Categorical..Exemption
which consists of a minor addition to existing facilities and no
Environmental Impact Report or Negative Declaration is required.
SECTION 5... The City Council-h'ereby finds that the improvement
project for which the Variance is granted is categorically exempt under
the provisions of the California.Environmental Quality Act.
SECTION 6. The City Clerk.shall certify to the adoption of
this resolution.
Adopted and approved this 9th y day of August 19 82 .
Mayor
Czty Cler
I hereby certify that the foregoing Resolution was duly
adopted by the City Council of the City of West Covina at a regular
meeting thereof held on the 9th _ day of August 1982.
AYES: Tennant, Chappell, Tice
NOES : . Bacon, Shearer
ABSENT None .
APPROVED AS TO FORM
J
City Attorney
Y f_ZI�C y Cler__ _