Resolution - 8164RESOLUTION N0. 8164
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, APPROVING UNCLASSIFIED
USE PERMIT NO. 344, REVISION 1, TO ADD A FIRE
EXIT AND INCREASE THE BUILDING CODE MAXIMUM
• OCCUPANCY IN A RESTAURANT HAVING DANCING AND
LIVE ENTERTAINMENT IN THE GENERAL -COMMERCIAL
(C-2) ZONE. (Wings Restaurant)
WHEREAS, there was filed with the City of West Covina,
verified applications on the forms prescribed in Chapter 26,
Article VI, of the West Covina Municipal Code, requiring
approval of an unclassified use permit revision, relating to
the addition of a fire exit and the increase of the Building
Code maximum occupancy for live entertainment and dancing in
conjunction with a restaurant on that certain property
generally described as follows:
Parcel 1 of Parcel Map No. 12265 in the City of
West Covina, as per Map recorded in Book 127,
Pages 79 and 80 of Maps in the Office of the
Los Angeles County Recorder; and
WHEREAS, hearings on said application were duly
noticed and conducted by the Planning Commission on February
3, 1988, at which time the application was approved; and
WHEREAS, the action of the Planning Commission was
appealed to the March 14, 1988, City Council meeting for
hearing and consideration; and
WHEREAS, studies and investigations made by this
Commission and in its behalf reveal the following facts:
1. The applicant is requesting approval of a revision to
an unclassified use permit to add a fire exit and
increase the Building Code maximum occupancy for live
entertainment to be operated in conjunction with a
cabaret dance restaurant in an existing 98,954-square
foot office building at the above location in a
General -Commercial (C-2) Zone.
2. Dancing and live entertainment in conjunction with a
restaurant at this location was previously approved
and is subject to the conditions of approval of
Unclassified Use Permit Nos. 298 and 344
• respectively.
3. The development in which this use is located meets or
exceeds all requirements of the C-2 Zone.
•
Page 2
4. Parking provided exceeds the estimated daytime
demands of the office complex and restaurant by seven
• stalls.
5. Parking provided meets the estimated nightime demands
of the dance -related area of 249 stalls.
• 6. As provided in the development standard for dance
facilities, Section 26-684.2(d), the maximum
occupancy permitted is two persons per parking space
• provided on the site.
7. The maximum occupancy permitted for this under zoning
regulations is 498 persons.
8. The Building Code maximum occupancy upon addition of
the proposed fire exit has been increased from 268
persons.
9. The maximum occupancy should be restricted to that of
the zoning regulations or the Building Code,
whichever is less.
10. Appropriate findings for approval of an unclassified
use permit are as follows:
a. That the proposed use at the particular location
is necessary or desirable to provide a service or
facility which will contribute to the general
well being of the neighborhood or community.
b. That such use will not, under the circumstances
of the particular case, be detrimental to the
health, safety, peace or general welfare of
persons residing or working in the vicinity or
injurious to property or improvements in the
vicinity.
C. That the site for the proposed use is adequate in
size and is so shaped as to accommodate said use,
as well as all yards, spaces, walls, fences,
parking, loading, landscaping, and any other
features necessary to adjust said use with the
land and uses in the neighborhood and make it
compatible thereto.
d. That the site abuts streets and highways adequate
in width and improvements to carry traffic
generations typical of the proposed uses and that
street patterns of such a nature exist as to
guarantee that such generations will not be
channeled through residential areas on local
residential streets.
e. That the granting of such unclassified use permit
will not adversely affect the General Plan of the
City, any other adopted plan of the City, or the
adopted plan of any other governmental agency.
11. This project is a revision of Unclassified Use Permit
No. 344 for which a Negative Declaration of
Environmental Impact has been previously certified.
Page 3
NOW, THEREFORE, the City Council of the City of
West Covina does resolve as follows:
• 1. On the basis of the evidence presented, both oral and
documentary, the City Council makes the following
findings:
a. The cabaret dance facility will contribute to the
• general well being of the community by providing
a variety of recreation in a pleasant and
desirable atmosphere.
• b. As part of an office complex with its own on -site
parking provided and through the adherence to the
conditions of this unclassified use permit, this
use will not be detrimental to the health,
safety, peace or general welfare of persons
residing or working in the vicinity or injurious
to property or improvements in the vicinity.
C. The use will be conducted in a cabaret dance
restaurant located in an office building
previously approved and deemed to be of adequate
size and shape, meeting all regulations of the
City of West Covina to insure that this accessory
use and the main use that it supports are
compatible with the surrounding neighborhood.
d. The site is located on a freeway frontage road
with access from Citrus and Barranca Streets,
both adequate in width to carry traffic generated
by this use. Traffic will not be channeled
through residential areas on local residential
streets.
e. The proposed use is consistent with the C-2 Zone,
a less intense zone than Service -Commercial (S-C).
It is also consistent with the East Hills
Specific Plan and the Eastland Redeveloment Plan
designation of Service -Commercial. Granting of
an unclassified use permit for a use that is
consistent with the General Plan and all other
adopted plans will not adversely affect those
plans.
2. That pursuant to all of the evidence presented, both
oral and documentary, and further based on the
findings above Unclassified Use Permit No. 344,
Revision 1, is approved subject to the provisions of
the West Covina Municipal Code, provided that the
physical development of the herein described property
shall conform to said unclassified use permit and the
conditions set forth herein which, except as
•
otherwise expressly indicated, shall be fully
performed and completed or shall be secured by bank
or cash deposit satisfactory to the Planning Director
before the use or occupancy of the property is
commenced and before a Certificate of Occupancy is
issued, and the violation of any of which shall be
grounds for revocation of said Unclassified Use
Permit by the Planning Commission or City
Council.
Page 4
•
•
u
0
ATTEST:
3. That the Unclassified Use Permit 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 Unclassified
Use Permit as set forth below.
4. That the approval of the Unclassified Use Permit is
subject to the following conditions:
a. Comply with Study Plan "A", dated
February 3, 1988.
b. Comply with all conditions of approval of
Unclassified Use Permit No. 344, Resolution
No. 5-87-3521, except where superseded by
conditions of this resolution.
C. The permitted occupancy or total number of
patrons to enter the premises shall be restricted
to 498 persons, or to the Building Code maximum
occupancy, whichever is less.
d. Final design of the proposed staircase shall be
subject to approval of a Planning Director's
Modification.
e. Building Department requirements:
i. Install panic hardware on the main
exit door.
ii. Provide two circuits (or equivalent) to all
required exit signs and exit lighting.
iii. Provide emergency lighting and upgrade the
west exit system through the court yard and
elevator lobby (exit sign and exit way
lighting, emergency lighting and panic
hardware).
iv. Comply with all applicable construction
codes adopted by the City of West Covina.
ADOPTED AND APPROVED this 14th day of March, 1988
i'u." /` .
City Clerk
•
Mayor
Page 5
I, hereby certify that the foregoing Resolution was duly
adopted by the City Council of the City of West Covina, California,
.at a regular meeting thereof held on the 14th day of March, 1988
• by the following vote:
• AYES: Councilmember: Tennant, Bacon, Chappell
NOES: Councilmember: Manners
ABSENT: Councilmember: None
APPROVED AS TO FORM:
e� 44,-"�c
City Attorney
0
City Cler}