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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 2