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Resolution - 5641RESOLUTION NO. 5641 A RESOLUTION OF THE CITY COUNCIL OF • THE CITY OF WEST COVINA GRANTING VARIANCE NO. 756 (Osborne -Maurer). 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 Robert E. Osborne and Robert E. Maurer, Skateland USA, requesting approval of a variance from certain parking standards of the Zoning Ordinance in connection with the proposed development of a 2.4-acre parcel of land described as: Parcel 2 of Parcel Map No. 8330, City of West Covina, all as more particularly described in Variance Application No. 756, was regularly filed with the Planning Department. SECTION.2. Hearings thereon were duly held by the Planning Commission after legal notice -thereof, that the Planning Commission granted said variance by its Resolution No. 1-78-2822, that said action 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: (1) As shown by an actual staff survey, there are circumstances applicable to a roller skating rink that are not applicable to other properties 'or classes of use in the same vicinity (West Covina and Glendora). There are no roller skating rinks in the S-C Zone. The West Covina ice skating rink is in an N-C (Neighborhood Commercial) Zone. The West Covina roller skating rink is in the M-1 (Manufacturing) Zone. (2) A variance is necessary for the preservation of a property right to develop the property and provide only the amount of parking required for the use. (3) Based on actual statistics and observation, the granting of a variance to reduce the number of parking spaces required will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the subject property. (4) The granting of such variance will be consistent • with the adopted General.Plan of the City of West Covina. SECTION 3. A variance is hereby granted pursuant to Variance Application No. 756. 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 owner of the property 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 condi- tions of this variance: A. The construction of approximately 92 parking spaces as shown in the Phase I area of Study Plan "A" shall be completed as a part of the Phase I devel- opment. The construction of the parking spaces in the area shown as Phase II of Study Plan "A" (approximately 58 parking spaces) may be postponed indefinitely unless the Planning Commission or the City Council after notice to the applicant and an opportunity for him to be heard, finds at any time during the first 15 months of the occupancy and operation of the roller skating rink constructed ,f as a part of the Phase I improvements, that the public welfare requires the construction of the additional parking spaces in the area shown as Phase II of Study Plan "A". B. Prior to the issuance of building permits for the Phase I development, the applicant shall post with the City Clerk a faithful performance bond issued by a surety company authorized to transact business • in the State of California, which is approved as to form by the City Attorney. The bond shall run in favor of the City of West Covina and shall by its terms provide that if the applicant does not construct the additional parking spaces in the area shown as Phase II of Study Plan "A" when required to do so by the Planning Commission or the City Council and within the time specified,the face amount of the bond shall either be paid to the City of West Covina upon its demand to be used to defray the cost of construction of the required parking spaces or the bonding company shall immediately award a contract for the construction of such spaces. C. The amount of the bond shall be that amount estimated by the City Engineer to,be sufficient to pay the full cost of constructing the parking spaces in the area shown as Phase II of Study Plan "A." D. The term of the bond shall be for 15 calendar months from and after the date of the occupancy and operation of the roller rink constructed as a part of the Phase I improvements. • SECTION 4. An Environmental Impact Report of the project has been certified in connection with the application for the approval of the variances and precise plan upon the same parcel and has been found to have been prepared in accordance with the requirements of the California Environmental Quality Act of 1970 and the State Guide- lines adopted pursuant thereto and certified by Resolution No. 5591. -2- • SECTION 5. To the extent that the terms and conditions of the variance granted by this resolution are inconsistent with the terms and conditions of the variance granted by Resolution No. 5593, the terms and conditions of the variance granted by this resolution shall control. SECTION 6. The City Clerk shall certify to the adoption of this resolution. ATTEST: Adopted and approved this 13th day of February,;-1978. Mayor City Clerk I HEREBY CERTIFY that the foregoing Resolution No. 5641 was duly adopted by the City Council of the City of West Covina at a regular meeting thereof held on the 13th day of February, 1978, by the following vote of the Council, to wit: AYES: Councilmen: Miller, Chappell, Browne., Shearer. NOES: Councilmen: None • ABSENT: Councilmen:. Tice. APPROVED AS TO FORM: W W City Atto ey • ` City Clerk -3-