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Resolution - 9093RESOLUTION NO. 9093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY F WEST COVINA, CALIFORNIA AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO APP E VARIANCE NO. 993. (Zelman Retail Partners) .WHEREAS, there was filed with the Planning Commission a verified application on the forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code, requesting approval of a variance for sign area and location on that certain property generally 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 the variance to allow an 810± square foot attached sign which exceeds the maximum allowable sign area and identifies the site and all tenants within the development. 2. The proposed variance has been filed in conjunction with a precise plan to allow the construction of a 95,000± square foot commercial retail center. 3. The proposed sign is necessary to allow the property owner the same property rights as other large freeway oriented commercial retail centers. 4. With the exception of sign area and location, the proposed sign meets and exceeds all other requirements of the underlying zone. 5. The project is consistent with the General Plan Designation of Regional Commercial. 6. The project is located in the Central Business District Redevelopment area and is consistent with the designation of Regional Commercial. 7. Appropriate findings for approval of a variance are as follows: a. That there are exceptional or extraordinary circumstances not applicable generally to the other property or class of use in the same vicinity and zone. • b. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question. C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which property is located. 061 1-94/C:CC/CCZLV993.RES/BD/srg • Resolution No. Variance No. 993 Zelman Retail Partners May 17 1994 - Page 2 d. That the granting of such variance shall be consistent with the adopted General Plan and any applicable Specific Plans. 8. This project is a Categorical Exemption pursuant to Section 15311, Class 11 (Accessory Structures), in that it involves the construction of a 52-foot tall attached wall sign consisting of 810± square feet in area at a proposed commercial retail center. 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 Variance No. 993: a. There are exceptional circumstances not generally applicable to other uses in the same vicinity or zone as the proposed retail development is situated between multi -story office developments on the northeast and southwest. In addition, the site is irregularly shaped and is adjacent to the 1-10 Freeway, Garvey Avenue South, State Street and a private road accessing the Lakes office buildings which limits the development design alternatives. The proposed scale and type of retail development relies heavily on freeway visibility. The proposed sign, located at the north end of the proposed development, addresses the freeway at the only viable location to provide clear visibility of the sign. As a result of the limited freeway exposure, due in large part to the existing office buildings and parking structures, the proposed sign comprises space to identify all three tenants in the center. The most desirable method for providing freeway visibility is to cluster the tenant signage into one sign. As a result of identifying all three tenants, the sign exceeds the maximum allowable sign area. b. The variance is necessary for the preservation and enjoyment of a substantial property right as the adjacent office developments obstruct views of the development from the freeway. In addition, the shape of the site coupled with the unusual street frontage onto a private drive leading to the lakes office buildings, State Street and Garvey Avenue South limit the development design alternatives. The proposed sign consists of signage space to identify the center, as well as, all three proposed tenants. In order to provide signage for the center and tenants, the sign exceeds the maximum allowable area of 150 square feet for the single tenant space on which the sign is located. The proposed sign consists of 810± square feet in area. Other businesses along the freeway corridor have been afforded the right to identify their businesses through variance approvals for freestanding signs and wall signs off of the tenant lease space. C. The proposed sign will not be materially detrimental to property or improvements in the vicinity and zone as the sign is proposed to be located at the north end of the retail center and faces the 1-10 Freeway. Further, the proposed sign is intended to identify the Lakes project as a whole, as well as the individual tenants of the proposed retail center. The sign is designed as a part of the building and acts as an architectural enhancement. The architectural style of the sign is consistent with the buildings 061 1-94/C:CC/CCZLV993.RES/BD/srg Resolution No. Variance No. 993 Zelman Retail Partners May 17, 1994 - Page 3 . d. The granting of a variance to allow an 810± square foot sign which exceeds the maximum allowable sign area and is located off of the tenant lease space, will not adversely affect the general plan. The proposed sign promotes the economic prosperity of the shopping center and the community as a whole which fulfills the objectives identified in the Economic Development Element of the General Plan and the Central Business District Redevelopment Area Plan. 2. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, Variance No. 993 is approved subject to the following conditions: a. Comply with Study Plan "A", dated May 17, 1994. b. Comply with Exhibits 1-4, dated May 17, 1994. C. Comply with the development standards of the "Regional Commercial" (R-C) zone and all applicable provisions of the West Covina Municipal Code. 3. That the City Clerk shall certify to the adoption of this resolution. ADOPTED AND APPROVED this 17th day of May 1994 %f��r�A► ATTEST: Expiration Date May 17, 1995 If not used. 061 1-94/C: CC/CCZLV 993. R ES/BD/srg • Resolution No. Variance No. 993 Zelman Retail Partners May 17 1994 - Page 4 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,' 94 by the following vote, to wit: AYES: Manners, Touhey, Herfert, McFadden NOES: None ABSENT: None ABSTAIN: Wong City Clerk APPROVED AS TO FORM: &G:ia,-aA-rz,vi.r�o City Attorney Y 061 1-94/C CC/CCZLV 993. R ES/BD/srg