Resolution - 2006-31RESOLUTION NO.2006-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING CONDITIONAL USE PEMIT NO.
06-07 ON APPEAL OF PLANNING COMMISSION ACTION
•CONDITIONAL USE PERMIT NO, 06-07
CATEGORICAL EXEMPTION
APPLICANT: Tanna Real Estate - Corey Patick
LOCATION: 1012 West Garvey Avenue South
WHEREAS, there was filed with the Planning Commission a verified application on forms
prescribed by the Planning Commission, a request for a conditional use permit to allow the
operation of an unattended business that will function as a storage building for a real estate company
on that certain property generally described as:
Assessor's Parcel Numbers 8477-016-017, 8477-016-018 and 8477-016-019
in the records of the Los Angeles County Assessor; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 28`h
day of March, 2006, conduct a duly advertised public hearings as prescribed by law; and
WHEREAS, the Planning Commission did adopt Resolution No. 06-5121 denying the
application; and
WHEREAS, on April 3, 2006, an appeal of the Planning Commission action was filed by
Tanna Real Estate; and
WHEREAS, the City Council did, on the 18`h day of April, 2006, conduct a duly
advertised public hearing as prescribed by law, and considered evidence presented by the
Planning Commission, Planning Department, and other interested parties; and
WHEREAS, concurrent with this application a precise plan for the site plan and
architecture has been submitted for the development of the project; and
WHEREAS, concurrent with this application a variance for the construction of a sign that
varies from the requirements of the Municipal Code with relation to signage; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
1. The project consists of a conditional use permit to allow operation of an unattended business
that will be utilized as a storage building for a real estate business. The project is located in
the "Office Professional" (O-P) Zone.
2. 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
Resolution No. 2006-31
April 18, 2006
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.
• 3. The project is a Categorical Exemption, Class 3 (Section 15303: New Construction or
Conversion of Small Structures) pursuant to the requirements of the California
Environmental Quality Act of 1970 (CEQA) since the project site involves the construction
of a small storage building.
NOW, THEREFORE, the City Council of the City of West Covina does resolve as follows:
SECTION 1. On the basis of the evidence presented, both oral and documentary, the
City Council makes the following findings:
a. The proposed use is an unattended business that will function as a storage building for a real
estate business that will provide an additional service to the community. The facility will
contribute to the general well being of the community by allowing the applicant to store
materials and equipment necessary for refurbishing residential properties that are for sale in
around the City.
b. The operation of the unattended business has design features such as, restrictions on exterior
storage, extensive amounts of landscaping, and limitations on hours of operation. With these
conditions placed on the operation of the storage building the use will not be detrimental to
the health, safety, peace or general welfare of persons residing or working in the vicinity.
c. The site is adequate in size and is so shaped to accommodate said use in that the new 2,387-
square foot storage building is located on an undeveloped parcel. The project design
provides for adequate setbacks, landscaping, circulation, and design features that are
compatible with land uses in the vicinity.
d. The proposed operation of an unattended business as a storage building is not anticipated to
increase traffic generation substantially since the site will be used for storage only and no
patrons will visit the site, nor will any persons be employed on site. Vehicular access to the
subject building is available via Garvey Avenue, a minor arterial.
e. The proposed use is consistent with the "Office Professional" (O-P) Zone and the "Freeway
Corridor Overlay Zone". Additionally, the granting of a conditional use permit for the
operation of an unattended business that functions as a storage building is consistent with the
General Plan.
SECTION 2. That pursuant to all of the evidence presented, both oral and documentary,
and further based on the findings above, this Conditional Use Permit No. 06-07 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 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
conditional use permit by the Planning Commission or City Council.
SECTION 3. That the conditional use permit 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
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.
SECTION 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.
PA
Resolution No. 2006-31
April 18, 2006
SECTION 5. That the approval of a conditional use permit is subject to the following
conditions:
a. Comply with plans reviewed by the City Council on April 18, 2006.
b. Comply with all requirements of the "Office Professional' (O-P) Zone and the "Freeway
• Corridor Overlay" Zone and all other applicable standards of the West Covina Municipal
Code.
c. Any proposed change to the approved site plan or floor plan must first be reviewed by the
Planning, Building, and Fire Departments and shall require the written authorization of the
Planning Director prior to implementation.
d. The approved unattended business will operate as a 2,387-square foot storage building. Any
expansion of the storage building requires a modification to the conditional use permit.
e. The approved use shall not create a public nuisance as defined under Section 15-200 of the
West Covina Municipal Code.
f. The hours of operation shall be limited to 7:00 a.m. to 8:00 p.m. No drop off or pick up of
materials or any other business shall occur outside these hours.
g. 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.
h. No outside storage is permitted per section 26-568 (c). All construction materials,
mechanical equipment and other items, must be stored in a completely enclosed building.
i. The site shall not create any loud and unnecessary noise as defined in Section 15-85 of the
West Covina Municipal Code.
j. The approved use is an unattended, private storage building. The rental or lease of storage
space by the public or other businesses is prohibited.
k. Commercial vehicle storage is prohibited.
1. No storage containers shall be permitted on site at anytime.
m. No portable restrooms shall be permitted on site at anytime.
n. Building Division
1. No restrooms are provided on site. Therefore the occupancy of the building is limited
to occasional loading and unloading.
SECTION 6. The City Clerk shall certify as to the passage of this Resolution.
PASSED AND APPROVED on this 18"' day April, 2006.
• ATTEST:
A
Clerk Laurie Carrico
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Resolution No. 2006-31
April 18, 2006
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing resolution was duly adopted by the City Council of the City of West Covina,
California, at a regular meeting thereof held on the 18`h day of April 2006, by the following vote
of the City Council:
AYES:
Lane, Touhey, Herfert
NOES:
Hernandez, Sanderson
ABSENT:
None
ABSTAIN:
None
APPROVED AS TO FORM:
Ci horn y Arnold Alvarez-Glasman
•
z j LI
City Clerk Laurie Carrico
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