Resolution - 9092•
RESOLUTION NO. 9092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA AFFIRMING THE DECISION
OF THE PLANNING COMMISSION TO APPROVE
CONDITIONAL USE PERMIT NO. 457 (Zelman Retail
Partners).
WHEREAS, there was filed with the Planning Commission a verified application on
the forms prescribed by the Commission requesting approval of an unclassified use
permit under the provisions of Chapter 26, Article VI of the West Covina Municipal
Code, requesting approval of an conditional use permit to permit the following use:
A 45 seat outdoor seating area in conjunction with a 20,000± square foot
commercial retail use,
on that certain property described as follows:
Los Angeles County Assessor's Parcel No. 8474-11-936; and
WHEREAS, the hearing on said application was duly noticed and conducted by
the Planning Commission on the 8th day of March, 1994, at which time the
application was approved; and
WHEREAS, the action of the Planning Commission was appealed after proper
legal notification to the City Clerk on March 24, 1994; and
WHEREAS, the hearing of the appeal was duly noticed for the City Council
meeting of April 19, 1994, at which time the hearing was continued to the meeting
of May 17, 1994; and
WHEREAS, studies and investigations made by the City Council and in its behalf
reveal the following facts:
1. The Planning Commission approved a request for the approval of an conditional
use permit to allow a 45 seat outdoor seating area in conjunction with a
20,000± square foot commercial retail business.
2. Approval of the conditional use permit allows for the establishment of 45 seats
in an 800 square foot outdoor seating area for a cappuccino bar.
3. The applicant is also requesting approval of a precise plan to allow the
construction of a 95,000± square foot commercial retail center, of which, the
proposed outdoor seating area will be in conjunction with.
4. The project meets or exceeds all development standards of the Regional
Commercial (R-C) Zone.
5. The project is consistent with the "Regional Commercial" land use designation
of the General Plan and the Central Business District Redevelopment Area.
6. Findings necessary for approval of an conditional use permit are as follows:
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.
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Resolution No.
CUP 457
Zelman Retail Partners
May 17 1994 - Page 2
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 the street patterns of such a nature exist as to guarantee that such
generation 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, or any other adopted plan of the City.
7. An initial study prepared for the subject project has disclosed that the proposed
project will not have a significant effect on the environment because mitigation
measures have been incorporated into the project's design and as conditions
of approval. 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 findings for approval of a precise plan of design:
a. The proposed outdoor seating area is intended as an accessory use to
the adjacent 20,000± square foot commercial retail space. The outdoor
seating area is not intended as a separate restaurant space. The seating
area is proposed as an amenity to the proposed retailer which will allow
for a cappuccino bar and seating area. Since the proposed outdoor
seating area complies with all the applicable code standards, is designed
to complement the proposed retail use, and diversifies the variety of uses
on the site, the use will contribute to the general well being of the
community.
b. The proposed outdoor seating area will not be detrimental to the health,
safety, peace and general welfare of persons in the vicinity or injurious
to property or improvements in the vicinity as the outdoor seating area
• is proposed in conjunction with a 20,000± square foot commercial retail
space and will provide a wider variety of services. The proposed outdoor
seating area consists of 45 seats and comprises 800 square feet in area.
Overall, the outdoor seating area equates to less than 1 % of the total
building area and is designed in a manner to provide an aesthetically
pleasing seating area.
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Resolution No.
CUP 457
Zelman Retail Partners
May 17, 1994 - Page 3
• C. The site is adequate in size and shape to accommodate the proposed
outdoor seating area. The proposed outdoor seating area is intended to
operate accessory to a 20,000± square foot commercial retail space
and does not have a separate customer entrance. The seating area is
only accessible via the adjacent retail space. The unclassified use permit
is being processed concurrently with an application for a precise plan to
construct a 95,000± square foot shopping center in addition to the
800± square foot outdoor seating area. The proposed development
meets and exceeds all applicable standards of the West Covina Municipal
Code.
d. The subject site abuts, Garvey Avenue South (a Minor Arterial), at
westerly terminus of State Street (a Minor Arterial). A traffic study was
prepared as a part of the Negative Declaration of Environmental Impact.
The traffic study concludes that the streets are of adequate width and
improvements to accommodate the projected trip generations. The
traffic study, prepared by WPA Traffic Engineering, Inc. dated January
27, 1994, indicates that the Level of Service (LOS) on the adjacent road
system is at an acceptable level with the proposed project. the project
is anticipated to generate no more than 7,800 vehicle trips per day with
a total of 520 PM peak hour trips. The LOS was determined at five area
intersections and in all cases, the LOS was acceptable. The worst case
was LOS D at the intersections of Vincent Avenue/Garvey Avenue South
and Vincent Avenue/West Covina Parkway.
e. The proposed outdoor seating area in conjunction with the proposed
commercial retail center, diversifies the retail opportunities in the
community. The outdoor seating area adds an amenity to the proposed
20,000± square foot retail space. The development in general, is in
compliance with the adopted General Plan of the City and the Central
Business District Redevelopment Area.
2. That pursuant to all of the evidence presented, both oral and documentary, and
further based on the findings above, Conditional Use Permit No. 457 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 conditional 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 cash deposit satisfactory to the Planning Director
before the use or 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 conditional use permit by the Planning
Commission or City Council.
3. The conditional use permit shall not be effective for any purpose until the
• owner or 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 conditional use permit 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 City Council Resolution No. 8690.
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Resolution No.
CUP 457
Zelman Retail Partners
May 17, 1994 - Page 4
4. The costs and expenses of any enforcement activities, including, but not limited
to, attorneys' fees, caused by the applicant's violation of any condition
imposed by this approval or any provision of the West Covina Municipal Code
shall be paid by the applicant.
5. That the approval of the conditional use permit is subject to the following
conditions:
a. Comply with Study Plan "A", dated May 17, 1994.
b. Comply with Exhibit Nos. 1-4, dated May 17, 1994.
C. Comply with all applicable standards of the West Covina Municipal Code,
particularly Chapter 26, Article X and Planning Commission Resolution
No. 2513.
d. No live entertainment is allowed in conjunction with the proposed use.
e. Review of the operation permitted by the conditional use permit is
required every six (6) months for a period of one (1) year, beginning on
the date of the start of operation of the use, and may be reviewed once
every three (3) years thereafter.
f. Engineering Department Requirements:
No requirements
g. Building Department Requirements:
Comply with all requirements of the following Codes of the City
and State:
a). 1990 Uniform Building Code
b). 1990 Uniform Plumbing Code
c). 1990 Uniform Mechanical Code
d). 1991 National Electric Code
e1. Title 24, State of California
Energy/Insulation Regulations
and Handicapped Persons Standards
f). West Covina Security Ordinance
h. Fire Department Requirements:
No requirements
• i. Police Department Requirements:
No requirements
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Resolution No.
CUP 457
Zelman Retail Partners
May 17, 1994 - Page 5
6. That the City Clerk shall certify to the adoption of this resolution.
ADOPTED AND APPROVED this 17th day of May 1994
��/ Mayor
ATTEST:
r
City Cle&
Expiration Date
May 17, 1995
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 17th day of May 1994. That, thereafter,
said Resolution was duly adopted on the 17 day of May,' 94by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Manners, Touhey, Herfert, McFadden
None
None
Wong
APPROVED AS TO FORM:
City Attorney
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