Resolution - 8753RESOLUTION NO. 8753
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA DENYING THE APPEAL
OF PRECISE PLAN NO. 839, THEREBY AFFIRMING THE
DECISION OF THE PLANNING COMMISSION.
WHEREAS, there was filed with the Planning Commission a
verified application on the forms prescribed in Chapter 26 of the
West Covina Municipal Code, requesting approval of a precise plan
for the construction of a retail shopping center on that certain
property described as follows:
Parcel l of Parcel Map 13964 in the City of West Covina,
County of Los Angeles, State of California as per map
filed in Book 188 Page 98 of Parcel Maps, in the office
of the County Recorder of said County; and
WHEREAS, the hearing on said application was duly noticed and
conducted by the Planning Commission on October 2, 1991, at which
time the application was approved; and
WHEREAS, the action of the Planning Commission was appealed
after proper legal notice"to the November 25, 1991, City Council
meeting for hearing and consideration; and
WHEREAS, studies and investigation made by the City Council
and in its behalf reveal the following facts:_
1. The Planning Commission approved a,precise plan of design to
construct a retail shopping center consisting of a 10,340
square feet of new construction and a 5,400 square feet of
existing restaurant on a 67,864 square feet site. The project
will consist of a total of 15,740± square feet. The site is
in a Service Commercial (S-C) zone.
2. The project meets all relevant sections of the West Covina
Municipal Code.
3. The approval of the requested precise plan will in no way be
detrimental to adjacent properties.
4. The project is consistent with the General Plan of the City.
5. Appropriate findings for approval of a precise plan of design
are as follows:
a. That consideration has been given and restrictions
imposed to the extent necessary to permit the same degree
of enjoyment of the subject property, but subject to the
same degree of protection of adjoining properties, as
would be accorded in normal circumstances, by the
standard restrictions imposed by the Municipal Code.
b. That strict adherence to the development standards of the
applicable zone and the proposed precise plan will not
measurably depreciate property values in the vicinity or
interfere with the use or enjoyment of property in the
vicinity or endanger the public peace, health, safety or
general welfare.
C. That the project is reviewed in terms of its
architectural design, general exterior appearance,
landscaping, color, texture of surface materials and
exterior construction, shape and bulk and other physical
characteristics including location and type of public
utility facilities and is found to facilitate the orderly
development of the precise plan area.
0928-91/C:CC/PP839DEN.YAP/em
Resolution No. 8753
Deny Appeal of PP839
November 25, 1991 - Page 2
6. An initial study prepared for the subject project has dis-
closed that although the proposed project could have a
significant effect on the environment, there will not be a
significant effect in this case because mitigation measures
have been incorporated into the project's design and as
conditions of approval. A Negative Declaration of Environ-
mental 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:
On the basis of the evidence presented, both oral and docu-
mentary, the City Council makes the following findings for
approval of a precise plan of design
The proposed project meets and exceeds the requirements
of the Service -Commercial (S-C) Zone. The project,
consisting of 10,340± square feet of new .retail and an
existing 5,400± square feet of restaurant on a 67,864±
square foot site is appropriate at this location. The
site is adjacent to office professional to the north,
commercial development to the east, railroad right-of-way
to the south, and a McDonald's restaurant to the west.
The project meets and exceeds the setbacks and landscap-
ing requirements and provides the required off-street
parking facilities. The project is not expected to
impede on the enjoyment of property currently held by its
neighboring property owners.
b. The proposed project will not depreciate property values
in the vicinity nor interfere with the use or enjoyment
of property in the vicinity. The project site is
currently a vacant dirt lot in the southern portion of
the site. The existing parking area on the site is in
very poor condition and is substandard in design. As it
exists today, the project is underutilized and does not
meet the development standards for the applicable zone.
The proposed project will utilized an attractive contem-
porary California Mission design and thereby considerably
upgrade the physical appearance of the site. The
development standards applicable for the site are met and
exceeded in the areas of parking and landscaping.
Applicable health and building code requirements are also
met ensuring that the public health,'safety and general
welfare will not be endangered.
Approval of the project will permit construction of a
shopping center on a site that is adequate in size and
configuration to accommodate such a land use. The net
effect will, be an attractive shopping center thereby
creating an appealing southern gateway to the City at the
intersection of Valley Boulevard and Nogales Street.
C. The project will consist mainly of a new 10,340± square
foot retail building which will feature architectural
elements derived from the California Spanish Mission
Style such as red mission tile roof, wood trellis and
barrel vault parapet. The exterior of the new retail
building will be coated with an ivory color plaster on
the north, east and south elevations. The west elevation
will be treated with precision concrete block and split
face concrete block painted to complement the rest of the
building's exterior. The use of different textures on
0928-91/C:CC/PP839DEN.YAP/em
I
Resolution No. 8753
Deny Appeal of PP839
November 25, 1991 - Page 3
the west elevation will provide visual interest and
deemphasize the horizontal length of the building. An
existing five foot wide landscaping planter located on
the adjoining property runs the length of the west
elevation.
The existing 5,400± square foot restaurant located in the
northern portion of the project will remain in its
present physical state. The landscaping and parking
around the perimeter of the restaurant will be
substantially upgraded. New landscaping will be
introduced along the frontage of the restaurant facing
Nogales Street. Currently this area is asphalt. New
landscaping parking bay planters will be located at
selected points around the perimeter of the restaurant.
The entire shopping center will have more than adequate
landscaping provided. The City requires a minimum of
eight (8%) percent of the project site to be landscaped.
The applicant is providing thirteen (13%) percent of the
project site to be landscaped.
2. That pursuant to all of the evidence presented, both oral and
documentary, and further based on the findings above, Precise
Plan No. 839 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 precise
plan 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 the
Certificate of Occupancy is issued, and the violation of any
of which shall be grounds for revocation of said precise plan
by the Planning Commission or City Council.
That the precise plan 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 precise plan as set forth
below. Additionally, no permits shall be issued until the
owner of the property involved. (or a duly authorized
representative) pays all costs associated with the processing
of this application pursuant to Section 26-202 & 203 of the
West Covina Municipal Code.
4. That the approval of the precise plan is subject to the
following conditions:
a.
Comply
with
Study Plan
"A", dated October 2, 1991.
b.
Comply
with
Exhibit 1
(elevations).
C. Comply with all conditions of approval for Precise Plan
No. 839 as enumerated in Planning Commission Resolution
No. 10-91-3993 (Attached as Exhibit 1 and included by
reference).
0928-91/C:CC/PP839DEN.YAP/em
9
CJ
Resolution No. 8753
Deny Appeal of PPS39
November 25, 1991 - Page 4
5: That the City Clerk shall certify to the adoption of this
resolution.
ADOPTED AND APPROVED this 25th day of November, 1991.
ATTEST:
.City Clerk
Expiration Date
November 25, 1992
If not used.
I, Janet Berry, City Clerk of the City of West Covina, do hereby
certify that the foregoing Resolution was regularly introduced and
placed upon its first reading at a regular meeting of the City
Council on the 25th day of November, 1991. That, thereafter, said
Resolution was duly adopted on the 25th day of November, 1991
by the following vote, to wit:
AYES: Jennings, Herfert, Manners, McFadden
NOES: None
ABSENT: Tarozzi
,f
City Clerk
APPROVED AS TO FORM:
City Attorney
0928-91/C:CC/PP839DEN.YAP/em