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.
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•
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
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