Resolution - 2006-82RESOLUTION 2006-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. 06-10 ON APPEAL OF PLANNING COMMISSION ACTION
CONDITIONAL USE PERMIT NO.06-10
CATEGORICAL EXEMPTION .
APPLICANT: Stephan Mkhitarian
LOCATION: 709 N. Sunset Avenue
WHEREAS, there was filed with this Council a verified application on forms prescribed
by the Council, a request for a conditional use permit to approve the operation of a service
station with a convenience store, on that certain property generally described as:
Assessor's Parcel Number 8458-003-010, in the records of the Los Angeles County
Assessor; and
WHEREAS, consistent with this request, the applicant has submitted a precise plan
application to remodel an existing 1,118-square foot building to include a convenience store and
a conditional use permit for the operation of a service station; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 26`h day
of September, 2006, conduct a duly advertised public hearing as prescribed by law; and
WHEREAS, the Planning Commission did adopt Resolution No.06-5170 approving the
application; and
WHEREAS, on September 29`h, 2006 an appeal of the Planning Commission action was
filed by Davinder Singh; and
WHEREAS, the City Council did, on the 6`h day of October, 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, studies and investigations made by this Council and in its behalf reveal the
following facts:
1. The applicant is requesting approval of a conditional use permit to allow the operation of a
service station with a convenience store.
2. This conditional use permit application is submitted in conjunction with a request for
approval of Precise Plan No.'06-12 for the remodel of a 1,118 square -foot building to
include a convenience store. Additionally, five parking spaces are proposed.
3. Findings necessary for approval of a conditional use permit are as follows:
a. That the proposed use at the particular location is necessary or desirable to provide a
service or facility that 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 said 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.
Resolution No. 2006-82
October 17. 2006
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.
4. Pursuant to Section 15303 of the California Environmental Quality Act (CEQA), the
proposed project is considered to be Categorically Exempt (Class 3, New Construction of
Small New Facilities) in that it consists of the remodeling an existing service station.
. NOW, THEREFORE, the City Council of the City of West Covina does resolve as follows:
SECTION 1: On the basis of evidence presented, both oral and documentary, the City
Council makes the following findings:
a. The project proposes to remodel an existing 1,118-square foot service station for the use
as a convenience store. The building is metal and has a flat roof. The project will
therefore provide the service station with a convenience store.
b. The project is located on a corner lot within an urban area and has frontage on Puente
Avenue and Sunset Avenue. Both streets are designed to accommodate high traffic
volumes. The remaining two sides of the property are located adjacent to retail and
multifamily residential.
c. The proposed project will not be detrimental to the health, safety, peace or general
welfare or persons residing or working in the vicinity due to its location within a
commercial area, and the general compatibility of the project with the of the
surrounding area. The site consists of a corner lot with two street frontages and has
been operating as a service station with repair garage for approximately 40 years.
The proposed convenience store is located in a commercial area and will not impact
surrounding land uses. The project has been designed in conjunction with the
minimum requirements of the Engineering Division, Building Division, and Fire
Department.
d. The existing 1,118-square foot building will be renovated and used as a convenience
store. The establishment of the gas station and convenience store will not increase
parking demand beyond the proposed parking supply. The Municipal Code requires
one parking space per 250 square feet for the convenience store. The 1,118-square
foot building requires five parking spaces.
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e. The project site has frontage on both Puente Avenue and Sunset Avenue. Two
existing driveway approaches are located on Puente Avenue and two approaches are
located on Sunset Avenue. The existing driveways will accommodate circulation
through the site. Both streets are designed to accommodate high traffic volumes.
Given the location of the property within a commercial area, the project will not
result in traffic being channeled through residential areas on local residential streets.
f. The proposed use is consistent with the "Service and Neighborhood Commercial'
designation of the General Plan. The project meets the stated General Plan goal of
"providing for a range of non-residential uses that will ensure a strong economic base
for the City."
SECTION 2. That the approval of the conditional use permit is subject to the following
conditions:
a. Comply with plans reviewed by the City Council on October 17, 2006.
• b. Comply with all requirements of the "Neighborhood Commercial' (N-C) Zone and all
other applicable standards of the West Covina Municipal Code.
c. The operation of the service station shall be in compliance with Municipal Code Section
26-661 (Service Stations).
d. The conditional use permit may be revoked, amended or suspended by the Planning
Commission under the provisions of Section 26-253 of the West Covina Municipal
Code for appropriate cause.
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Resolution No. 2006-82
October 17, 2006
e. The approved use shall not create a public nuisance as defined under Section 15-200 of
the West Covina Municipal Code.
f. The applicant shall comply with all applicable health, safety and building codes.
g. Any proposed change to the approved site plan and floor plans shall be first considered
by the Planning Department, Engineering Department, Building Division, and Fire
isDepartment, and shall require the written authorization of the Planning Director prior to
implementation.
h. Comply with all requirements of the Municipal Code.
i. The sale of alcohol is prohibited.
j. Noise levels shall not exceed 70db(A) at property lines.
k. The subject site is prohibited from holding outdoor sales without the approval of a
temporary use permit.
1. The hours of operation shall be limited to 6:00 a.m, to 10:00 p.m. Monday through
Sunday.
SECTION 3. The City Clerk shall certify as to the passage of this Resolution.
PASSED and APPROVED on this 17`h day October, 2006.
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ATTEST:
City Clerk La 'e 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 17`h day of October 2006, by the following
vote of the City Council:
AYES: Hernandez, Lane, Touhey, Herfert
NOES: Sanderson
ABSENT: None
ABSTAIN: None
City Cler Laurie Carrico
EXPIRATION DATE:
• October 17, 2007 if not used.
APPROVED AS TO FORM:
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CCity �kttorney ofAlvarez- I sman