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Resolution - 8061i RESOLUTION NO. 8061 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PRECISE PLAN OF DESIGN NO. 801 AND VARIANCE NO. 888 AND CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL • IMPACT THEREFOR. (VINCENT MANNO) THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES RESOLVE AS FOLLOWS: WHEREAS, there was filed with the City of West Covina a verified application on the forms prescribed in Chapter 26, Article VI, of the West Covina Municipal Code, for the physical . development of that property described as follows: Lots 15 and 16 of Tract No. 15061 Map recorded in Book 469, Pages and 6 of Maps, in the Office of the Los Angeles County Recorder; and WHEREAS, hearings on said applications were duly noticed and conducted by the Planning Commission on May 20, 1987, at which time the applications were approved; and WHEREAS, the action of the Planning Commission was appealed to the June 22, 1987, City Council meeting for hearing and consideration; and WHEREAS, after proper legal notice, the City Council held a hearing on said appeal on June 22, 1987; and WHEREAS, studies and investigations made by the City Council and in its behalf reveal the following facts: 1. The applicant is requesting approval of a precise plan of design for 7,931-square foot retail building on a 0.50-acre site in a proposed Neighborhood -Commercial (N-C) Zone. 2. The applicant is requesting approval of a variance from Section 26-577(b) of the West Covina Municipal Code to allow a front setback of 10.5 feet minimum and eleven feet average as opposed to the five-foot minimum and 15-foot average required in the Service -Commercial (S-C) Zone. 3. Except where modified by variance, the precise plan meets or exceeds all requirement of the Neighborhood -Commercial (N-C) Zone. 4. Findings necessary for approval of a precise plan: a. In reviewing the precise plan, it has been found that consideration has been given and restrictions imposed to the extent necessary to permit the same degree of enjoyment of the subject property, but subject to the same degree of protection of adjoining properties, as would be accorded in normal • circumstances by the standard restrictions imposed by the Municipal Code. b. The proposed precise plan will not depreciate property values in the vicinity or interfere with the use or enjoyment of property in the vicinity or endanger the public peace, health, safety, or general welfare. (1) 5. Findings necessary for approval of a variance: • • • a. Exceptional circumstances exist in that street dedication requirements have created a situation where a harmonious design tying in with the building to the north, alignment of the two buildings can only be acomplished by allowing front setback encroachment. b. This variance is necessary in order to develop the site in a manner which is commensurate with other similar developments in the vicinity. C. Granting of a variance that has been found to have exceptional circumstances and is necessary for the preservation of a property right enjoyed by others and will not be detrimental to the public welfare or injurious to the property or improvements in the vicinity. d. Zoning regulations are implemental tools of the General Plan. Approval of a variance processed through a public hearing as prescribed by the zoning regulations, shown to have exceptional circumstances, shown to be necessary for the preservation of a propery right enjoyed by others and is not detrimental, implements the General Plan and therefore, will not adversely affect the General Plan. 6. An initial study has disclosed that, because of its location on a principal arterial, its consistency with the General Plan and conformance to standards and conditions of the Zoning Ordinance, the project will not have a significant effect on the environment, and a Negative Declaration of Environmental Impact has been prepared. NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby APPROVE Precise Plan of Design No. 801 and Variance No. 888 and the Negative Declaration of Environmental Impact is hereby CERTIFIED, subject to the provisions of the West Covina Municipal Code, provided that the physical development of the herein described property shall conform to said Plan and the following conditions which, except as otherwise expressly indicated, shall be fully performed and completed or shall be secured by bank or cash deposit satisfactory to the Planning Director before the use or occupancy of the property is commenced and before a Certificate of Occupancy is issued, and the violation of any of which shall be grounds for revocation of said Precise Plan and/or Variance by the Planning Commission or City Council. The Precise Plan and Variance shall not be effective for any purpose until the owner of the property involved (or his duly authorized representative) has filed at the office of the Planning Director his affidavit stating he is aware of, and accepts, all conditions of this Precise Plan and Variance as stated below: 1. Comply with Study Plan "A", dated May 6, 1987. Comply with Exhibit 1, Elevations. Comply with all requirements of the N-C Zone. Prior to the issuance of building permits, applicant shall submit a detailed landscaping plan to the Planning Director for review and approval. Said plan to include type, size and quantity of landscaping materials, as well as a fully automatic comprehensive watering system. Landscaped areas are to be kept free of litter and diseased or dead plants. (2) 5. All ground -mounted, wall -mounted and/or roof -mounted equipment not shown on the approved Study Plan, shall be screened from public view in a manner that is architecturally compatible with the main building. Plans and elevations indicating the type of equipment and method • of concealment shall be submitted to the Planning Director for review and approval prior to the issuance of building permits. 6. All utilities shall be installed underground. 7. Five -and -one-half foot minimum height trash enclosures to be installed pursuant to Section 26-568 of the Municipal Code. • 8. Gutters and downspouts shall not project from the vertical surface of the building, pursuant to Section 26-568(a)(3). 9. An eight -foot high masonry block.wall shall be constructed along the eastern property line adjacent to residential development. 10. Engineering Department Requirements: a. Comply with all conditions contained in Planning Resolution No. 567. b. Sanitary sewers shall be provided to each "lot" in compliance with Municipal Code Chaper 23, Article 2, and to the satisfaction of the City Engineer. c. The required street dedication shall include that portion of Azusa Avenue (55 foot half street width) contiguous to the subject property. d. Adequate provision shall be made for acceptance and disposal of surface drainage entering the property from adjacent area. e. Parking lot and driveway improvements on private property shall comply with Planning Commission Resolution No. 2513 and be constructed to the City of West Covina Standards. f. Water service facilities shall be constructed to at least meet the requirements for fire flow established by the City's Fire Department and the reqirements of the subsequent water purveyor/owner of the facilities. g. Prior to issuance of a building permit and/or approval of a final map all of the following requirements shall be satisfied: i. A final grading and drainage plan showing existing and proposed elevations and drainage structures and showing existing and proposed • on -site and off -site improvements shall be submitted to and approved by the Planning, Building and Engineering Departments. (3) ii. Arrangements for the installation of street lights with underground wiring shall be made with Southern California Edison Company. At the time of installation, the applicant shall provide the necessary trenching and backfill. Submit two (2) sets of the subdivision and/or development plan to the Engineering Department, Traffic and Lighting Section, to be used for designing the street lighting system. iii. A parking lot lighting plan showing electrolier types and locations, average illumination levels, points of minimum illumination and photometric data in • conformance with Planning Commission Resolution No. 2513 and as requested shall be submitted to and approved by the City Engineer and Planning Director. iv. An itemized cost estimate for all on -site and off -site improvements to be constructed, except buildings, shall be submitted to the Engineering Department for approval. Based upon the approved cost estimates, required fees shall be paid and improvement securities for all on -site and off -site improvements, except buildings, and 100% labor/material securities for all off -site improvements, shall be posted prior to final approval of the plans. Joint use parking and/or access agreement to the satisfaction of the City Engineer and City Attorney shall be recorded with the Los Angeles County Recorder. The proposed subdivision shall conform to Municipal Code Chapter 20 - Subdivisions. k. A parcel map resulting in one lot shall be recorded prior to issuance of a building permit. 1. Parking shall be prohibited on Azusa Avenue adjacent to this development. Such parking prohibition shall become effective at such time as the City shall determine (probably within two years). The applicant/owner/landlord shall inform any prospective tenants of this Condition prior to entering into any lease and/or rental agreement. The landlord shall file with the City Engineer written confirmation from each tenant that they are aware of and will abide by this condition. 11. Building Department Requirements: a. Comply with all requirements of the following Codes of • City and State: i. 1982 Uniform Building Code ii. 1982 Uniform Plumbing Code iii. 1982 Uniform Mechanical Code iv. 1984 National Electric Code V. Title 24 State of California Energy/Insulation Regulations and Handicapped Persons Standards. vi. West Covina Security Ordinance (4) 12. Fire Department Requirements: No requirements. • 13. Police Department Requirements: No requirements. 14. Redevelopment Agency Requirements: No requirements. • 15. Planning Commission requirements: a. No Building or Grading permits shall be granted prior to July 1, 1987. b. No on -site construction work or grading shall commence prior to July 1, 1987. C. The trash enclosure on the site to the north, adjacent to the block wall that will be removed to integrate the parking lots, shall be relocated. Exact relocation of the trash enclosure shall be subject to approval of a Planning Director's Modification of Precise Plan No. 578. 16. City Council Requirements: a. Any business located on the subject site shall be limited to the hours of operation of from 6:00 a.m. to 11:00 p.m. b. The trash enclosure shown on Study Plan "A" shall be relocated to the northwestern portions of the parking lot, and the relocation shall not result in the loss of a parking stall. Exact relocation of the trash enclosure shall be subject to approval of a Planning Director's Modification of Precise Plan No. 801. C. Dense foliage shall be provided in the eight -foot wide landscaping located along the eastern property line. -FINALLY RESOLVED, that the City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this 22nd day of June, 1987. • Mayor ATTEST: City Clerk (5) I, hereby adopted by the City at a regular meeting certify that the foregoing Resolution was duly Council of the City of West Covina, California, thereof held on the 22nd day of June, 1987. 0 AYES: Councilmembers: Tennant, Bacon, Shearer, Planners, Chappell NOES: Councilmembers ABSENT :Councilmembers 0 APPROVED AS TO FORM: None None City Attorney • City Clerk (6)