Resolution - 2012-33RESOLUTION NO. 2012-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE
PLANNING COMMISSION TO APPROVE CONDITIONAL USE
PERMIT NO. 12-01
CONDITIONAL USE PERMIT NO. 12-01
CATEGORICAL EXEMPTION
APPLICANT: John Healy For Westfield Eastland Shopping Center
LOCATION: Eastland Mall along Workman Avenue East of the Former CVS Drug
Store
WHEREAS, there was filed with this Council, a verified application on the forms prescribed
in Chapter 26, Article VI- of the West Covina Municipal Code, requesting approval of a conditional
use permit for:
The operation of a remote drive -up ATM with two lanes in conjunction with a bank
On that certain property generally described as:
Assessor's Parcel No. 8451-012-040 in the records of the Los Angeles County
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Assessor; and
WHEREAS, consistent with this request, a precise plan for the construction of a
4,988-square foot bank building was submitted; and
WHEREAS, the Planning Commission upon giving the required notice did, on the 27th day
of March, 2011, conduct a duly advertised public hearing as prescribed by law to consider said
application; and
WHEREAS, the Planning Commission did adopt Resolution No.12-5465 approving the
application; and
WHEREAS, Ion April 9'1', 2012 an appeal of the Planning Commission action was l filed by
the office of Palmieri, Tyler, Wiener, Wilhelm & Waldrons representing 2539 EGAN, LLC, and
Eastland Tower Partnership; and
WHEREAS, the City Council did, on the 1st day of May, 2012, conduct a duly advertised
public hearing as prescribed by law, and considered evidence presented by the Planning
Commission, Planning Department, and other interested parties.
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 the operation of a remote drive -
up ATM with two lanes in conjunction with a bank.
2. The proposed project also consists of a precise plan to allow the construction of a 4,988-
square foot bank building. The proposal also. entails the removal of six trees, and the
reconfiguration of the existing parking lot to accommodate the proposed drive -up ATM,
including the removal of 71 parking spaces.
3. Appropriate findings for approval of a conditional use permit are as follows:
a. That thI e 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 of persons residing or
workiing in the vicinity or injurious to property or improvements in the vicinity.
Resolution No. 2012-33
Page 2
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.
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 construction of a 4,988-square foot bank
building.
NOW, THEREFORE, the City Council of the City of West Covina does resolve as follows:
1. On the basis of the evidence presented, both oral and documentary, the City Council makes
the following findings:
a. The proposed drive -up ATM enables bank customers the ability to do some of their .
banking (make deposits, withdraw cash, etc.) from their vehicles. Thus, the proposal
is desirable and contributes to the general well being of the neighborhood because it
offers an additional convenience to West Covina residents who live in the, vicinity.
b. The proposed drive -up ATM is located more than 50 feet away from any residential
properties, as required by the Municipal Code. Additionally, the proposed bank will
C.
replace an area where excess parking is located within the shopping: center.
Therefore, the proposed drive -up ATM will not adversely affect either + persons
residing or working in the area or property or improvements in the vicinity.
The site for the proposed use currently serves as a shopping center and is adequate in
size and shape to accommodate the proposed drive -up ATM in conjunctionwith the
proposed bank.
The proposed drive -up ATM is located within an existing shopping center located
adjacent to Workman Avenue in the northwesterly parking area of Eastland
Shopping Center. Ingress and egress to the drive -up ATM are provided via existing
driveways on Workman Avenue, as well as existing drive aisles within the shopping
center 1
e. The I
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2. That the appi
posed use is consistent with the "Regional -Commercial" designation of the
Plan. Additionally, the granting of a conditional use permit for the
d use is consistent with the General Plan. Further, one of the goals of the
se Element of the General Plan states, "It is the goal of the City of West
to provide for a range of non-residential uses that will ensure a strong
is base for the City."
of the conditional use permit is subject to the following conditions
a. Comply with the plans reviewed and approved by the City Council on May 1,
2012.
b. Comply with all applicable sections of the West Covina Municipal Code.
C. Comply with all requirements of the "Regional -Commercial" (R-C) zones.
d. Approval of this conditional use permit is contingent upon the approval of Precise
Plan No. 12-01.
Resolution No. 2012-33
Page 3
e. 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.
f. The approved use shall not create a public nuisance as defined under Section 15-
200 of the West Covina Municipal Code.
g. The operation of the drive -up ATM shall comply with the West Covina Noise
h. In case that the automated teller machines cease to function or the use of the bank
is abandoned, the ATM(s) structure and all equipment associated shall be
removed within 30 days of the discontinuance of the use. In addition, the site
shall lie paved or improved to the approval of the Planning Department. A private
lease for a facility located on private property is encouraged to include terms for
equipment removal, since the property owner shall be ultimately responsible for
removal of the structure, equipment, and restoration of the site.
i. Should significant safety or aesthetic issues arise due to maintenance or operation
of the ATM, the City of West Covina may require that the ATM(s) be removed.
j. Comply with California Financial Code Section 13040, in relation to the
illumination, construction and operation of ATMs.
k. In the event that parking/circulation is negatively impacted as a result of the
proposed use, the Planning Commission shall review the conditional use permit
for the use and may, at its discretion, modify or impose new conditions or suspend
or revloke the conditional use permit pursuant to Section 26-253 of the West
Covina Municipal Code.
1. Comply with all conditions of approval of Conditional Use Permit No. 12-01 and
Precise Plan No. 12-01.
in. This Conditional Use Permit No. 12-01 approval shall become null and void if the
proposed use has not commenced within one year of the date of this approval.
n. The
6. The City
ATTE T:
ity Clerk La _ ie Can
shall sign an affidavit accepting all conditions of this approval.
shall certify as to the passage of this Resolution.
AND ADOPTED on this 1 st day of May, 2012.
Resolution No. 2012-33
Page 4
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 held thereof on the 1" day of May, 2012 by the following vote of
the City Council:
AYES: Herfert, Sanderson, Sykes, Touhey
NOES: None .
ABSENT: None
RECUSE: Sotelo
DATE: May 1, 20121
EXPIRATION DATE:
May 1, 2013 if not uses
APPROVED AS TO FORM: .
lasman
V V 14 vvi wv, ,
Clerk Labrie Carrico