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Resolution - 9416RESOLUTION NO. 9416 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING THE APPEAL OF CERTAIN CONDITIONS OF CONDITIONAL USE PERMIT NO. 479 AND APPROVING CONDITIONAL USE PERMIT NO. 479, AS AMENDED. CONDITIONAL USE PERMIT NO. 479 CATEGORICAL EXEMPTION APPLICANT: Tott's Restaurant (Dennis McConaughy) LOCATION: 2646 East Garvey Avenue South (within the Country Club Center) WHEREAS, there was filed with this Commission a verified application on the forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code, requesting the approval of a conditional use permit to allow the operation of a restaurant with alcohol service, dancing, and indoor recreational center (darts). on that certain property described as: Assessor's Parcel No. 8480-016-003, as listed in the records of the office of the Los Angeles County Assessor; and (2646 East Garvey Avenue South, West Covina, California) WHEREAS, the Planning Commission conducted a public hearing on the application on January 28, 1997; and WHEREAS, based on appropriate findings, the Planning Commission approved Conditional Use Permit No. 479 subject to certain condition to mitigate potential negative impacts; and WHEREAS, on February 12, 1997, the applicant appealed the Planning Commission's decision to the City Council requesting that certain conditions of approval be amended; and WHEREAS, the appeal hearing was scheduled for consideration at the March 4, 1997; and WHEREAS, the City Council of the City of West Covina, has considered the evidence presented by the Planning Department, the Planning Commission, and other interested parties at said public hearing; and WHEREAS, the City Council, upon giving the required notice, did on the 4'h day of March, 1997, conduct a duly advertised public hearing; and WHEREAS, the oral and documentary evidence considered in connection with the application reveal the following facts: 1. The subject site is a 3.73 acre site occupied by a retail shopping center. 2. The project has been designed in a manner sensitive to surrounding land uses. Z:/cc/resosjj/c479ccrs. doc Resolution No. Appeal of Conditional Use Permit No. 479 Tott's Restaurant @ 2646 East Garvey Avenue South March 4, 1997 - Page 2 3. Approval of this project will not be detrimental to adjacent properties. 4. The project is consistent with the subject site's land use designation of "Service & Neighborhood Commercial" as stated in the West Covina General Plan. • 5. Findings necessary for approval of a conditional use permit: 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. b) That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace or general welfare or 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 such 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 conditional use permit will not adversely affect the General Plan of the City, or any other adopted plan of the City. 6. The project is a Categorical Exemption, Class 1 (Section 15301: Existing Facilities), pursuant to the requirements of the California Environmental Quality Act of 1970 (CEQA), since the project consists of a minor alteration of an existing structure involving an expansion of less than 2,500 square feet to the building and a negligible expansion of the use beyond that previously existing. WHEREAS, on the basis of the evidence presented, both oral and documentary, the City Council of the City of West Covina finds as follows: a) The proposed restaurant with alcohol service, dancing and games is both necessary and desirable at the proposed location in order to broaden the number of entertainment opportunities for residents in the community. The subject location is appropriate for such commercial operations due to its location along the 1-10 Freeway Corridor and its proximity to the Eastland Center shopping complex. The subject location is ideal for the proposed use since no residential properties are located nearby. b) The proposed use will not be detrimental to the health, safety, peace or general welfare or persons residing or working in the vicinity or injurious to property or improvements in the vicinity due to conditions on the operation that will mitigate any potential adverse affects. Consistent with the City's requirement which permits alcohol service only when in conjunction with a "bona fide eating place," food service shall be provided during all hours of operation. A security program is required, to the satisfaction of the Police Chief and the Planning Director, that will provide for security and safety measures inside the building as well as within the portions of the parking lot within a defined "security area". Several other conditions have been incorporated into the project to ensure that negative impacts are not Z:/cc/resosjj/c479ccrs.doc Resolution No. Appeal of Conditional Use Permit No. 479 Tott's Restaurant @ 2646:East Garvey Avenue South March 4. 1997 - Page 3 generated. These conditions include limiting hours of operation, requiring food service, prohibiting interior partitions, limits on non -dining activities, prohibiting persons under 21 years of age after 9 p.m., and requiring stated periodic reviews. Furthermore, the project will minimize potential traffic hazards at the site by defining driveways with striping. These conditions • combined with the security program should mitigate any potential adverse impacts. c) The site is adequate in size and shape to accommodate the proposed use. The site is occupied by a 29,080 square foot shopping center with over 190 parking spaces. The site has been used for restaurant and/or nightclub uses before. The site does not meets the landscaping and parking design standards of the "Medium Commercial (C-2)" zone it is located on. Minor modifications to the parking lot are needed however to comply with Federal and State Law accessibility requirements. d) The proposed use will not channel traffic through local residential streets since vehicular access to the site is provided by two arterial streets, Citrus Street and Garvey Avenue South, of adequate width and design to handle traffic generations from the proposed use. The site also has direct freeway access onto the 1-10 Freeway. Furthermore, the site is located along a commercial corridor separated from residential uses by a flood control channel which serves as a buffer. e) Approval of this project will not adversely affect the West Covina General Plan nor the West Covina Redevelopment Plan since the proposed use is consistent with the "Service Commercial" land use designation, of both plans. NOW THEREFORE, the City Council of the City of West Covina, California, does resolve as follows: SECTION NO. 1: That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, the appeal of the Planning Commission's January 28, 1997 approval of Conditional Use Permit No. 479 is and Conditional Use Permit No. 479 is approved subject to the following conditions: a) Comply with Study Plan "A," dated January 28, 1997, except where otherwise noted by these conditions. b) Comply with Exhibit No. 1 and No. 2, dated January 28, 1997, except where otherwise noted by these conditions. c) Comply with all requirements of the "Medium Commercial (C-2)" Zone and all other applicable standards of the West Covina Municipal Code, particularly Chapter 28, Article X, with where otherwise noted by these conditions. d) Any proposed change to the approved site plan, floor plan, or elevations must first be reviewed by the Planning, Building, Fire, Police, and Redevelopment Agency and shall require the written authorization of the Planning Director prior to implementation. e) Review by the Planning Commission of the operation shall be 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 once every two (2) years thereafter. During this review, the Planning Commission shall consider noise generation, security issues, and other nuisances by the use and its affect on adjacent residential properties, and shall determine if additional Z: /cc/resosjj/c479ccrs.doc Resolution No. c Appeal of Conditional Use Permit No. 479 Toll's Restaurant @ 2646 East Garvey Avenue South March 4, 1997 - Page 4 restrictions, conditions, or physical are needed in order to mitigate these effects. f) The conditional use permit may be revoked, amended and suspended by the Planning Commission under the provisions of Section 26-253 of the • West Covina Municipal Code. g) The project shall not create a public nuisance as defined under Section 15- 200 of the West Covina Municipal Code. Pre -operation conditions h) Prior to the issuance of a building permit, obtain the approval of a Planning Director's Modification to Precise Plan No. 176 to make the following changes to the plans: i) Provide a revised site plan that is drawn to scale and accurately represents improvements at the site. ii) Provide a revised elevations with a revised color scheme to the satisfaction of the Planning Director, and an alternative material for the proposed patio enclosure that is of a more durable material (e.g. metal or canvas) than corrugated fylon-type material. This material must meet minimal fire rating standards (must be Class A or B fire rating). Provide ICBO Number to verify this. iii) Reduce with striping the width of the northwest driveway from 60 feet to 30 feet to enhance traffic safety. i) Mechanical equipment shall not be exposed to view from all sides or shall be screened from all views in a manner that is architecturally compatible with -the main building. Plans and elevations indicating the type of equipment and method of concealment shall be submitted to the Planning Director for review and approval prior to the issuance of building permits. j) All antennae and antennae support structures shall be placed and installed in a manner which screens at least 75 percent of the antennae when viewed from ground level from the public right-of-way and any screening shall architecturally compatible with the main building. Plans and elevations indicating the type of equipment and method of concealment shall be submitted to the Planning Director for review and approval prior to the issuance of permits. k) Signs are not a part of this approval. Obtain a sign permit from the Building and Engineering Department subject to approval by the Planning Department. I) Prior to the start of operations, obtain a business license for the restaurant use, dancing activity, and for each game of skill and science (including billiard tables) as required by Chapter 14 of the West Covina Municipal Code. Operation conditions m) The business owner and manager of the establishment shall be strictly accountable for compliance with all conditions imposed as part of this conditional use permit, whether or not the owner or manager are personally present at the location. As stated in Section 26-684.2(i) of the West Covina Municipal Code, no person in charge or assisting in the conduct of a use Z/cc/resosjj/c479ccrs.doc Resolution No. Appeal of Conditional Use Permit No. 479 Toll's Restaurant @ 2646 East Garvey Avenue South March 4, 1997 - Page 5 with dancing shall permit any person to enter, to be in, or to remain on the premises who is intoxicated, boisterous, or disorderly. n) A copy of this resolution shall be kept at the front counter at all times and available for review by public safety personnel and other authorized City • staff. Z: /cc/res osjj/c479ccrs. doc Resolution No. Appeal of Conditional Use Permit No. 479 Totl's Restaurant @ 2646 East Garvey Avenue South March 4, 1997 - Page 6 o) The site shall comply with the requirements of the California Department of Alcoholic Beverage Control (ABC) and shall be maintained in a manner consistent with the definition of a "bona fide eating place" as defined by Section 23038 of the California Business and Professions Code. ' p) A food menu and food service shall be available for customers in the during all hours of operation. The menu shall consist of a variety of foods. q) The hours of operation of the business shall be limited to 8:00 a.m. through 1:30 a.m., Monday through Sunday. No person shall be permitted in the building after 1:30 a.m., except regular employees performing necessary maintenance. r) No person under the age of 21 years shall be permitted to remain in or enter the subject building (including the patio dining area) between 9 p.m. and closing. s) Signs stating "No one under 21 years of age is allowed after.9 p.m.", in minimum one -inch letters, shall be posted at conspicuous locations at the front counter, behind the west bar counter, and at the front door, to the satisfaction of the Planning Director. t) Accessory uses shall be regulated as follows: i) A maximum of two darts or other games of skills or science, three billiard tables, and three video arcade machines shall be permitted. No additional number of games of skill or science shall be permitted unless the necessary authorization from the Planning Director or Planning Commission is obtained. Live entertainment (including karaoke (sing -a -long) machines) shall not be permitted at any time unless the necessary authorization from the. Planning Director or Planning Commission is obtained. iii) The site shall comply with Section 26-685.4300 regarding adult - oriented businesses and activities. iv) Partitions separating uses shall not be erected without prior written authorization from the Planning Director. u) Doors of the building shall be kept closed at all times when the doors are not in use in order to minimize noise impacts onto adjacent properties. v) The site shall not create any loud and unnecessary noise as defined in Section 15-85 of the West Covina Municipal Code. w) Building and Engineering Department requirements: i) Parking lot and driveway improvements shall comply with Planning Commission Resolution No. 2513 and be constructed to the City of West Covina Standards.. Z:/cc/resosjj/c479ccrs.doc Resolution No. Appeal of Conditional Use Permit No. 479 Toll's Restaurant @ 2646 East Garvey Avenue South March 4. 1997 - Page 7 ii) Comply with all requirements of the following Codes of the City and State: a) 1994 Uniform Building Code b) 1994 Uniform Plumbing Code • c) 1994 Uniform Mechanical Code d) 1993 National Electric Code e) Title 24, State of California Energy/ Insulation Regulations and Handicapped Persons Standards f) West Covina Security Ordinance x) Fire Department requirements: i) Minimum 25-foot access drives around commercial development. ii) Interior drives shall provide circulation around complex and vehicle access within 150 feet of any building or portion thereof. iii) Provide approved plans for kitchen hood fire extinguishing system and test system. iv) Post occupant load signs in the main dining area, patio dining area, and dance floor. v) Provide emergency lighting systems per UBC Section 1012. vi) Provide lighted exit signs per UBC Section 1013. vii) Properly mark and designate all access roads/ accessways as fire lanes per City of West Covina Engineering Department standards. viii) Obtain a separate Fire Department permit to operate a public assembly prior to occupancy. y) Police Department requirements: i) Prior to issuance of building permits, the applicant shall obtain the approval of a security program from the Police Department and Planning Department. The applicant shall submit two (3) copies of a proposed security plan to the Police Department and Planning Department each for review. This program may include, but not be limited to, the following at the discretion of the Police Chief and the Planning Director: a) The name of the liability company and statement of the amount of insurance. b) The type of uniforms and weapons for security personnel to distinguish them from patrons. c) Agreement to cooperate with the Police Department and Fire Department. d) Prohibition of admission charges except as specifically permitted by the Police Department. e) Minimum number of security personnel per specific time periods. f) Method of enforcing alcohol restrictions for minors. Z:/cc/res osjj/c479ccrs. d oc Resolution No. Appeal of Conditional Use Permit No. 479 Tott's Restaurant @ 2646 East Garvey Avenue South March 4 1997 - Page 8 g) Method of parking management and enforcement in order to discourage loitering and lingering. h) Agreement to conduct security measures for at least half an hour after closing time. ii) The proposed modification to the patio dining area shall be completed prior to final clearance of building occupancy or business license. iii) Unsupervised school -age children shall not be permitted on the premises during normal school hours. Z) Redevelopment Agency requirements: No requirements. SECTION NO. 2: The City Clerk shall certify to the passage of this resolution. PASSED AND APPROVED THIS 4th day of March, 1997. Mayor ATTEST: City Cler STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF WEST COVINA ) I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing resolution was adopted and passed at a regular meeting of the city Council on the 4th day of March, 1997, by the following vote. q AYES: NOES: ABSENT: DATE: EXPIRATION DATE: Herfert, McFadden, Touhey Manners, Wong Irtm March 4, 1997 March 4, 1998 City Clerk APPROVED AS TO FORM: C�fi icake" , City Attorney Z:/cc/resosjj/c479ccrs.doc