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Resolution - 5633• RESOLUTION NO. 5633 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GRANTING VARIANCE NO. 751 (Sylvan S. Shulman Co.) 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 the Sylvan S. Shulman Company for a variance for the construction of a free-standing shopping center identification sign in excess of 35' in height on a certain parcel of property owned by the City of West Covina within the limits of street right of way for West Garvey Avenue, immediately contiguous to the West Covina Fashion Plaza Shopping Center, was regularly filed with the Planning Department. SECTION 2. Hearings thereon were duly held by the Planning Commission after legal notice theron, the Planning Commission denied said variance by its Resolution No. 12-77-2815, that the variance was called up by the City Council and the City Council held a hearing thereon after legal notice thereof. SECTION 3. It is hereby found by the City Council that: a. The project for which this variance is sought consists of the construction of a minor accessory structure appurtenant to an existing commercial • use, is categorically exempt (Class II) and no Environmental Impact Report or Negative Declara- tion of Environmental Impact is required. b. Findings for a variance to increase the height of a free-standing sign: 1. Exceptional circumstances exist in that the proposed location of the sign is considerably below freeway grade and the design of the San Bernardino Freeway west of the shopping center would impede the visibility of a 35' high sign. 2. The granting of the variance is necessary for the enjoyment of a property right possessed by other property in the same vicinity and zone. Variances for sign height have been granted to similar properties along the San Bernardino Freeway. 3. The proposed structure will be installed in a landscaped area and designed to permit adequate visibility at eye level along Garvey Avenue. The granting of the variance will not -be detri- mental to the public welfare or injurious to • property or improvements in the same vicinity and zone. 4. The granting of the variance will not adversely affect the City's Comprehensive General Plan which designates the site as being appropriate for Regional Commercial development. SECTION 4. A variance is hereby granted as applied for in Variance Application No. 751. It is granted upon the following conditions, the violation of any one of which shall be grounds for the revocation of the variance by the Planning Commission or the City Council. This variance shall not be effective for any purpose until the applicant or his duly authorized representative has filed • in the office of the Planning Department an affidavit stating that he is aware of and accepts all of the following conditions of this variance: a. Comply with Exhibit No. 1 submitted to the City Council by the Planning Director for the design of the sign. The overall height of the sign shall not exceed 50' from ground level. b. The applicant shall obtain the required Encroachment_ Permit from the City Engineer before the sign is erected. SECTION 5. The City Clerk shall certify to the adoption of this resolution. APPROVED AND ADOPTED this 23rd day of January, 1978. Mayor ATTEST: • Ci y Clerk I HEREBY CERTIFY that the foregoing Resolution No. 5633 was duly adopted by the City Council of the City of West Covina at a regular meeting thereof held on the 23rd day of January, 1978, by the following vote of the Council, to wit: AYES: Councilmen: Miller, Chappell, Browne, Tice, Shearer NOES: , Councilmen: None, ABSENT: Councilmen: None APPROVED AS TO FORM: W City Attor tk City Clerk -2-