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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 3 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 13