Resolution - 8400,0
RESOLUTION NO. 8400
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROVING
UNCLASSIFIED USE PERMIT NO. 387.
(IN-N-OUT BURGER, INC.)
WHEREAS, there was filed with this City a verified
application on forms prescribed in Chapter 26, Article VI of
the West Covina Municipal Code requesting approval of an
unclassified use permit to permit the following use:
A 117 seat drive -through restaurant
on that certain property generally described as follows:
Portions of Lots 95 and 96 of Tract 390, as per map
recorded in Book 17, Pages 38 and 39 of Maps, in the
Office of the Los Angeles County Recorder; and
WHEREAS, the Planning Commission, upon giving the required
notice did on June 21, 1989 and July 5, 1989, conduct a duly
advertised public hearing as prescribed by law to consider said
application; and
WHEREAS, on the 5th day of July, 1989, the Planning
Commission approved the application for Unclassified Use Permit
No. 387; and
WHEREAS, the action of the Planning Commission was
appealed in a timely manner by this City Council, after proper
legal notice to the July 24, 1989, and September 11, 1989, City
Council meeting for hearing and consideration; and
WHEREAS, studies and investigations made by this City
Council and in its behalf reveal the following facts:
1. The applicant is requesting approval of an unclassified
use permit to allow a 117 seat, drive -through restaurant
on a 1.1 acre site at the above location.
2. This unclassified use permit was filed in conjunction with
and is contingient upon approval of Zone Change No. 624.
3. The requested zone change neccessitates the removal of the
Freeway Corridor Overlay Zone since N-C uses are
prohibited by the Overlay standards.
4. Removal of this site from the Freeway Corridor Overlay
Zone is warranted in that the site is in close proximity
to other developments containing retail type uses. Also,
easements across the site render it virtually unusable for
Freeway Corridor Overlay type uses, such as residential or
office.
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• 5. Appropriate findings for approval of an unclassified use
permit:
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.
6. Based upon the findings of an initial study, it has been
determined that the proposed project will not have
significant impact on the environment. A Negative
Declaration of Environmental Impact has been prepared for
the proposed project pursuant to the requirements of the
California Environmental Quality Act of 1970, as amended.
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 finding,
for approval of an unclassified use permit:
a. This facility will contribute to the general well
being of the community by providing dining services
in a pleasant and desirable atmosphere.
b. Located adjacent to the freeway in an area containing
commercial development to the east and west, the
proposed 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.
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• C. The precise plan for this unclassified use permit
demonstrates that the site is adequate in size and
shape, by supplying on -site circulation, surplus
parking, 40% landscaping and all other features
necessary to adjust said use with the land and uses
in the neighborhood and make it compatible thereto.
d. The site fronts on South Garvey Avenue, a freeway
frontage road with direct access to minor arterials,
Citrus and Barranca Streets and their freeway ramps,
any of which is adequate in width to carry traffic
generated by this use. There are no residential
areas or local streets through which traffic will be
channeled.
e. This use is consistent with the zoning, Eastland
Redevelopment Project Area Plan and the General Plan
of the City of West Covina and will not adversely
affect those plans or any other plans of the City or
the adopted plans of any other governmental agency.
2. That pursuant to all of the evidence presented, both
oral and documentary, and further based on the
findings above, Unclassified Use Permit No. 387 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 case deposit satisfactory to the Planning Director
before the use of 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.
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. Approval of this unclassified use permit shall not be
effective until the effective date of Zone Change No.
624, if adopted by the City Council.
b. Comply with Study Plan "A" dated June 21, 1989.
• C. Comply with Exhibits 1 thru 3, (elevations and floor
plans).
d. Comply with all requirements of the N-C Zone.
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• e. Prior to the issuance of building permits, the
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.
Diseased, dead, damaged and/or disfigured plants
shall be replaced as deemed necessary by the Planning
Director. All installation of landscaping and
irrigation shall be completed prior to issuance of a
Certificate of Occupancy.
f. All ground -mounted, wall -mounted and/or roof -mounted
equipment not shown on the approved Study Plan, shall
be screened from all views, including above, 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.
g. All utilities shall be installed underground.
h. The location of the electrical transformers, if not
indicated on the approved Study Plan, must be
approved by the Planning Director.
i. Gutters and downspouts shall not project from the
vertical surface of the building pursuant to Section
26-568 (a) (3).
j. Provide five -and -one-half foot minimum height trash
enclosures pursuant to Section 26-568 of the
Municipal Code. The structures shall be fully
enclosed, and shall be of the same general color and
material finish as the building.
k. A three-foot high masonry wall shall be provided and
maintained on the outside perimeter of the parking
area and drive -through lane except at those points of
ingress and egress for either vehicular or pedestrian
traffic.
1. Hours of operation shall be limited to between
10:30 a.m. and 1:00 a.m. from Sunday through
Thursday; and from 10:30 a.m. to 1:30 a.m. on Fridays
and Saturdays, subject to periodic review by
the Planning Commission. Should the City determine
that these hours of operation have become an
annoyance or nuisance to adjacent properties, the
project shall be returned to the Planning Commission
for further review and adjustment three months from
• the initial date of operation.
M. The following showings required for an unclassified
use permit shall not be violated:
i. 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.
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• ii. 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.
iii. 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, landscaping and any other
features necessary to adjust said use with the
land and uses in the neighborhood and make it
compatible thereto.
iv. 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.
V. That the granting of such unclassified use
permit will not adversely affect the General
Plan or the Woodside Master Plan adopted by the
City, or the adopted plan of any other
governmental agency.
n. The uses permitted by this Unclassified Use Permit
shall be subject to periodic review by the Planning
Commission every six months for an initial two years
from the date of commencement of the use and subject
to subsequent review at least once every three years
thereafter.
o. This Unclassified Use Permit may be revoked, amended
or suspended by the Planning Commission under the
provisions of Section 26-253 of the West Covina
Municipal Code.
p. The applicant shall meet any and all monitoring or
reporting requirements necessary to ensure compliance
with the mitigation measures contained in the Negative
Declaration, as those may be determined by the City,
including but not limited to entering into an
agreement to perform and/or pay for monitoring and
reporting during project construction and
implementation. The applicant further agrees it will
cease construction of the project immediately upon
written notice of a violation of such requirements and
that such a provision may be made a part of any
agreement of City and applicant.
• q. Engineering Department requirements:
i. Comply with all conditions contained in
Planning Commission Resolution No. 567.
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• ii. Sanitary sewers shall be provided to each "lot"
in compliance with Municipal Code Chapter 23,
Article 2, and to the satisfaction of the City
Engineer.
iii. Sidewalks, 7.5-foot wide with trees in tree
wells shall be constructed along Garvey Avenue
adjacent to Barranca to first driveway.
iv. Adequate provision shall be made for acceptance
and disposal of surface drainage entering the
property from adjacent areas.
V. 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.
vi. Water service facilities shall be constructed
to at least meet the requirements for fire flow
established by the City's Fire Department and
the requirements of the subsequent water
purveyor/owner of the facilities.
vii. Prior to issuance of a Building Permit, all of
the following requirements shall be satisfied:
a. A final grading and drainage plan showing
existing and proposed elevations and
drainage structures and showing existing
and proposed on -site and off -site
improvements shall be submitted to and
approved by the Planning, Building and
Engineering Departments.
b. 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.
C. A parking lot lighting plan showing
electrolier types and locations, average
illumination levels, points of minimum
illumation 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.
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• d. 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.
viii. Prior to the issuance of Building permits, the
applicant shall submit for approval a sight
distance study for the proposed driveways.
Building Department requirements
Comply with all requirements of the following Codes of
the City and State:
i. 1985 Uniform Building Code
ii. 1985 Uniform Plumbing Code
iii. 1985 Uniform Mechanical Code
iv. 1987 National Electric Code
V. Title 24 State of California Energy/Insulation
Regulations and Handicapped Persons Standards.
vi. west Covina Security Ordinance.
S. Fire Department requirements:
No requirements.
t. Police Department requirements:
No requirements.
U. Redevelopment Agency requirements:
No requirements.
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•
•
5. That the City Clerk shall certify to the adoption of this
Resolution.
ADOPTED AND APPROVED this llth day of September, 1989.
Mayor
ATTEST:
City Clerk
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 llth day
of September, 1989.
AYES: Councilmembers: Tarozzi, McFadden, Lewis
NOES: Councilmembers: Manners, Bacon
ABSENT: Councilmembers: None
APPROVED AS TO FORM:
City Attorney
EXPIRATION DATE:
September 11, 1990
if not used
►AN
City Clem
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