Resolution - 9375RESOLUTION NO. 9375
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA UPHOLDING THE DECISION OF THE
PLANNING COMMISSION AND PLANNING DIRECTOR AND
APPROVING A PLANNING DIRECTOR'S MODIFICATION TO
CONDITIONAL USE PERMIT NO. 474.
WHEREAS, the Planning Commission approved Precise Plan No. 794, Rev.
5 on October 10, 1995, allowing for the construction of a 16 screen multiplex theater,
up to 22,700 square feet of restaurant area, a parking structure, and surface parking
lot on a site consisting of approximately 9.4 acres in area; and
WHEREAS, the subject property is located within the "Regional Commercial
(R-C)" zone on that property generally described as follows:
Parcels 6, 7, 8, 9, and 10 of Parcel Map No. 18981 in Book 212. Pages 73 to
76 inclusive of parcel maps, recorded November 4, 1988 in the official
records of Los Angeles County as instrument no. 88-1785764; and
WHEREAS, the Planning Commission, at a duly authorized public hearing on
May 14, 1996, authorized the Planning Director to approve a Planning Director's
Modification (PDMOD) to Precise Plan No. 794, Revision 5, after considering a
number of proposed minor modifications to the project; and
WHEREAS, the Planning Director approved a PDMOD to Conditional Use
Permit No. 474 on July 19, 1996, to confirm the CUP is in conformance with the
precise plan as modified by the Planning Commission Authorized PDMOD on May
14, 1996; and
WHEREAS, Sanborn Theatres, Inc. filed an appeal of the Planning Director's
July 19, 1996 action; and
WHEREAS, the Planning Commission considered the appeal at a duly
noticed public hearing on August 27, 1996, at which the Planning Commission
upheld the decision of the Planning Director and approved the PDMOD; and
WHEREAS, Sanborn Theatres, Inc. filed an appeal of the Planning
Commission's August 27, 1996, action; and
WHEREAS, this appeal has been noticed as required by the West Covina
Municipal Code (WCMC) and other laws for modification of a CUP, and
WHEREAS, studies and investigation made by the City Council and in its
behalf reveal the following facts:
1. The modifications include an increase from 16 to 18 theaters, an
increase from 4,000 to 4,008 seats, an increase in building area from
81,000+ to 95,932± square feet, an increase of 10 to 15+ feet in
building height in order to accommodate the stadium seating, an
increase in the size of the parking structure from 567 parking spaces
to 605+ spaces, the reduction in restaurant building area from 22,700
• square feet to 15,000 square feet, and miscellaneous minor
alterations to the site plan including the vacation of a portion of State
Street. The applicant also requested approval of a variance for the
use of on -street (off -site) parking on Glendora Avenue to meet a
portion of the parking requirement for the project. The variance
(Variance No. 1008) was not appealed.
2. The proposed project is consistent with the general plan designation
and zoning classification of Regional Commercial.
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Appeal of PDMOD to CUP-474
Edwards Theatres Circuit, Inc.
October 1. 1996 - Page 2
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3. The project, as revised, continues to meet or exceed the development
standards of the R-C zone except where addressed by variance.
NOW THEREFORE, the City Council does resolve as follows:
1. The Planning Director appropriately granted the PDMOD for the
following reasons:
a) the PDMOD does not adversely affect the public interest as the
modification consists of a minor conforming change to a CUP
which the Planning Commission already has found will provide
needed facilities and jobs; and
b) the PDMOD does not adversely affect the interests of
neighboring property owners as it is a minor conforming
change to a CUP which the Planning Commission already
approved without opposition from neighboring owners, and
c) the PDMOD does not alter any plan for use of the property in
any manner not previously approved by the Planning
Commission; and
d) the PDMOD does not affect any other conditions of, approval
than those set out.
2. The Planning Commission acted within their purview in upholding the
decision of the Planning Director in his July 19, 1996 action
3. The Planning Director acted within the authority granted to him by the
Planning Commission at the duly advertised public hearing held on
May 14, 1996, in that the Planning Director's Modification to
Conditional Use Permit did not authorize any other project changes
beyond those considered in the public hearing and addressed in the
Addendum to the Previously Certified Environmental Impact Report.
4. The action of the Planning Director in approving the Planning
Director's Modification to Conditional Use Permit No. 474 was a
bookkeeping measure to clarify that the approved modifications
addressed in the Planning Director's Modification to Precise Plan No.
794, Revision 5 also included the factor of internal consistency
between the precise plan and conditional use permit.
5. The actions taken by the Planning Director are within the perameters
of authority granted to him by the adoption of Planning Commission
Resolution No. 5-96-4352 and as referenced by Sections 26-236 and
26-251 of the West Covina Municipal Code.
6. The Addendum to the EIR as certified by the Planning Commission on
May 14, 1996, by the adoption of Resolution No. 5-96-4350 clearly
addresses the physical changes associated with the approved
Planning Director's Modification to Conditional Use Permit No. 474, as
the project modifications were the same as those considered as a part
of the Planning Director's Modification to Precise Plan No. 794,
Revision No. 5. Therefore, the previously Certified Addendum to the
Environmental Impact Report, which was prepared for the project
revisions pursuant to Section 15164 of the California Environmental
Quality Act of 1970 (CEQA), adequately addressed any potential
changes in environmental impacts and thus no additional
environmental analysis was warranted.
J
A
Appeal of PDMOD to CUP-474
Edwards Theatres Circuit, Inc.
October 1, 1996 - Page 3
7. That the approval of the conditional use permit is subject to the
following conditions:
a. Comply with Study Plan "A", dated May 14, 1996, as revised.
b. Comply with Exhibits 1 - 3, dated May 14, 1996, as revised.
C. Comply with the conditions of approval as enumerated in
Planning Commission Resolution Nos. 10-95-4325, 10-95-
4326, 10-95-4327, and 10-95-4328.
8. That the City Clerk shall certify to the adoption of this resolution.
ATTEST:
ADOPTED AND APPROVED this 1 st day of October, 1996
i
Mayor
City Cle4
Expiration Date
October 1, 1997
If not used.
I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that
the foregoing resolution was adopted by the City Council of the City of West Covina,
at a regular meeting held on the 1st day of October, 1996, by the following vote, to
wit:
AYES: Herfert, Manners, McFadden, Touhey
NOES: None
ABSENT: None
ABSTAIN: Wong
( G'�ttLYt 9nl< 3Zu
City Clerk.
APPROVED AS TO FORM:'
(t(-. fi(�dn
City Attorney
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