Resolution - 2006-32RESOLUTION NO.2006-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, DENYING VARIANCE NO. 06-07 ON APPEAL
OF PLANNING COMMISSION ACTION
VARIANCE 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 the installation of a 40-foot tall
freestanding pylon sign with a total sign area of 241 square feet. The sign is also proposed to
have a 120-square foot plasma display electronic readerboard 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 duly advertised public hearings as prescribed by law; and
WHEREAS, the Planning Commission did adopt Resolution No. 06-5122 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, a variance for the construction of a sign that varies from the requirements of
the Municipal Code with relation to signage has been submitted; 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 conditional use permit for the operation of
an unattended business has been submitted; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
1. The applicant is requesting approval of a variance to allow the construction of a 40-foot tall
pylon sign with 241 square feet of signage, including a 120-square foot plasma screen that
operates as an electronic readerboard sign. The sign does not comply with the standards of
the Municipal Code with relation to signage.
2. The applicant is also requesting a precise plan to allow for the construction of an unattended
business that functions as a storage building for a real estate company.
3. 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.
Resolution No. 2006-32
April 18, 2006
c. That granting such variance will not be materially detrimental to the public welfare or
injurious to property or improvements in such vicinity and zone in which property is
located.
d. That granting such variance shall be consistent with the adopted General Plan and any
applicable Specific Plans.
4. 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:
SECTIONI. On basis of evidence presented, both oral and documentary, the City Council
of the City makes the following findings:
a. The subject property is similar in shape and character to the surrounding properties and is
not exceptional. There are no exceptional circumstances related to the size, shape,
configuration, or topography of the subject lot that would otherwise constrain the ability of the
lot to adhere to the requirements of the Municipal Code in relation to signage.
b. The subject property is similar in shape and character to the surrounding properties and is
not exceptional. Therefore, the operation of a readerboard sign that advertises goods and/or
services that are not available onsite constitutes an off -site sign that would not be permitted on
any other sites within the City. The requested variance is not necessary for the preservation and
enjoyment of a substantial property right possessed by other properties in the same vicinity and zone
but which is denied to the property in question.
SECTION 2. That pursuant to all evidence presented, both oral and documentary, and
further based on the findings above, Variance No. 06-07 is denied subject to provisions of the West
Covina Municipal Code.
PASSED AND APPROVED on this 18' day April 2006.
ATTE _L
City Clerk L me Carrico
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, Hernandez, Sanderson
NOES:
Touhey, Herfert
None
•ABSENT:
ABSTAIN:
None
APPROVED AS TO FORM:
/iAl -A-
City Attorney Am/old Alvarez-Glasman
..`
City Clerkl Laurie arrico
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