Resolution - 2014-46RESOLUTION NO. 2014-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE
PLANNING COMMISSION AND APPROVING CONDITIONAL USE
PERMIT NO.14-07
CONDITIONAL USE PERMIT NO. 14-07
CATEGORICAL EXEMPTION
APPLICANT: Luisa Nuno for Sage Motorsports, LLC
LOCATION: 2505 E. Garvey Avenue North
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 to:
operate a new automobile dealership
on that certain property described as:
Assessor's Identification No. 8453-015-030, as listed in the records of the office of the
Los Angeles County Assessor; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 24'h
day of June, 2014, conduct a duly advertised public hearing as prescribed by law; and
WHEREAS, the Planning Commission did adopt Resolution No. 14-5619 approving the
application; and
WHEREAS, on the 71h day of July, 2014, an appeal of the Planning Commission action
was filed by a Anthony Kim of Briggs Law Corporation; and
WHEREAS, the City Council did, on the 21 sc day of October, 2014, 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 mad�by this Council and in its behalf reveal the
following facts: /
1. The applicant is requesting approval of a conditional use permit to allow an operation of
an automobile dealership for the sale of new vehicles.
2. The applicant is requesting a Planning Director's Modification to paint the existing a
6,730-square foot retail building and modify the parking lot.
3. Findings necessary for approval of a conditional use permit:
a. That the proposed use at a 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 health, safety, peace, or general welfare of 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 other features necessary to adjust such use with the land and uses in
the neighborhood and make it compatible thereto.
Resolution No. 2014-46
Page 2
d. That the site abuts streets and highways adequate in width and improvements to
carry traffic generations typical of the proposed use and that the street patterns of
such a nature exist as to guarantee such generations will not be channeled through
residential streets on local residential streets.
e. That 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 the California Environmental Quality Act (CEQA), the proposed project is
considered to be categorically exempt (15303 Class 3, New Construction or Conversion
of Small Structures) since the project involves modifications to an existing building and
site.
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 remodeling of the existing retail building will allow a new
automobile dealership and outdoor display area. The proposed project meets or
exceeds all applicable Municipal Code requirements. The site is in an urban area,
surrounded by an automobile dealership to the north and east, the San Bernardino
Freeway to the south and residential and children's day care to the west. A
landscape planter that complies with the required six-foot minimum dimension is
provided along the westerly property line adjacent to residential property.
b. The proposed new vehicles sales use is compatible with surrounding uses. The
site is adjacent to a vacant automobile dealership to the north and east of the
subject property. The project is designed to accommodate efficient vehicular
circulation on -site without creating any impacts on adjacent properties.
Conditions, including restrictions on hours of operation, parking, repair of
vehicles, and prohibition of a public address system have also been placed on the
project approval to ensure the proposed use does not result in an impact on
adjacent properties.
C. The project site is 27,980 square feet in area. The existing building is 6,730 square
feet. As designed, the project meets or exceeds all applicable development standards
of the West Covina Municipal Code. Further, conditions have been placed on the
project approval to mitigate any potential impacts on surrounding properties.
d. The project site abuts Garvey Avenue North, designated a "Collector" in the
City's General Plan, which is designed to carry through traffic and provide access
to the site. Granting the conditional use permit will not adversely affect or be
inconsistent with the General Plan as the project is designed and conditioned, and
will result in an expansion of the economic opportunities and shopping
opportunities while addressing the sensitivity of the existing community. The
proposed new vehicle auto dealership will provide an additional service for the
community.
e. The proposed use is consistent with the "Medium Commercial" designation of the
General Plan and the zoning of the site. Granting the conditional use permit will not
adversely affect the General Plan, and will be consistent therewith, because the
project as designed and conditioned will result in expansion of economic
opportunities while addressing sensitivity of the existing nearby commercial and
residential uses.
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. 14-07 is approved.
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
Resolution No. 2014-46
Page 3
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.
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.
5. That the approval of a conditional use permit is subject to the following conditions:
a. Comply with Site Plan reviewed by the City Council on October 21, 2014.
b. 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.
C. The conditional use permit is for a new Lotus car dealership. Primary -use used car
dealerships are not allowed under this approval.
d. Review by the Planning Commission of the operation shall be required every six (6)
months for a period of one (1) year, beginning on the date of the start of operation of
the use. During this review, the Planning Commission shall consider noise
generation, security issues, and other nuisances generated by the use and its affect on
nearby commercial businesses and residential properties, and shall determine if
additional restrictions, conditions, or physical changes are needed in order to
mitigate these effects to protect the public interest and or neighboring properties.
Commercial delivery of vehicles shall not be permitted between the hours of 5:00
p.m. and 9:00 a.m.
f. Hours of operation of the car dealership shall be 9:00 a.m. to 7:00 p.m.
g. Hours of operation for the service portion shall be 8:00 a.m. to 6:00 p.m.
h. No exterior public address or amplification devices shall be installed or utilized at
the site.
i. Repairing of vehicles on the exterior of the site is prohibited.
j. Minor repair of vehicles is allowed, including tire replacement, brake
replacement, oil changes, and vehicle tuning adjustments.
k. Major vehicle repair on the subject property is prohibited.
1. Washing or detailing of vehicles on site is prohibited.
In. Painting of vehicles on site is prohibited.
n. The exterior storage of inoperable vehicles is prohibited.
o. For sale vehicles shall not be parked in the employee or customer parking spaces.
For sale vehicles shall only be parked in the designated area according to the site
plan reviewed by the City Council on October 21, 2014.
P. Pennants, banners, amplifiers are prohibited without the approval of a temporary
use permit.
q. Licenses and permits as required in Chapter 14 of the West Covina Municipal
Code shall be obtained prior to the start of the operation of the use.
r. The approved use shall not create a public nuisance as defined under Section 15-
200 of the West Covina Municipal Code.
Resolution No. 2014-46
Page 4
S. That approval of this conditional use permit shall be valid for a period of one
year, if not used in accordance with the requirements as outlined in Section 26-
253 of the West Covina Municipal Code.
t. That any proposed change to the approved site plan, floor plans, or elevations be
reviewed by the Planning, Public Works, Fire, and Police Departments, and that
written authorization of the Planning Director shall be obtained prior to
implementation.
U. The applicant shall comply with all applicable health and safety codes.
V. The applicant shall indemnify, hold harmless and defend the City Of West Covina
(City), its agents, officers, and employees from any claim, action, proceeding or
damages against the City, its agents, officers, or employees to attack, set aside,
void, or annul the approval by the City of this project. Further, the applicant shall
indemnify, hold harmless and defend the City Of West Covina (City), its agents,
officers, and employees from any claim, action, proceeding or damages against
the City, its agents, officers, or employees arising out of the action, inaction or
negligence of the applicant, its employees, officers, agents, contractors,
subcontractors, successors or assigns in planning, engineering, constructing or in
any manner carrying out the project or any improvements required for the project.
The indemnity shall be contained in a written document approved by the City
Attorney.
6. The City Clerk shall certify as to the passage of this Resolution.
APPROVED AND ADOPTED on this 21St day of October 2014
Mayor Steve Her e
ATTEST:
City Clerk Nic olas S. Lewis
I, NICKOLAS S. LEWIS, 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 21St day of October 2014, by the
following vote of the City Council:
AYES:
NOES:
ABSENT:
Spence, Sykes, Toma, Warshaw, Herfert
None
City Clerk Ni kolas S. Lewis
None
ABSTAIN: None
APPROVED AS TO FORM:
G
City AttoKiey Kimberly Hall Barlow