Resolution - 2017-11RESOLUTION NO. 2 0 1 7 — 1 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, OVERTURNING THE DECISION
OF THE PLANNING COMMISSION AND APPROVING
CONDITIONAL USE PERMIT NO. 16-08 ON APPEAL OF
PLANNING COMMISSION ACTION
CONDITIONAL USE PERMIT NO. 16-08
CATEGORICAL EXEMPTION
APPLICANT: LTG South Hills LLC
LOCATION: 1410-1432 S. Azusa Avenue (South Hills Plaza)
WHEREAS, there was filed with this Council a verified application on the forms
prescribed by the Commission requesting approval of a conditional use permit under the
provisions of Chapter 26, Article VI of the West Covina Municipal Code, to permit the
following use:
Allow for a drive-through use for a restaurant at the southwest corner of the South
Hills Plaza
On that certain property described as follows:
Assessor's Parcel Nos. 8493-040-179 and 8493-040-180, as shown on the latest
rolls of the Los Angeles County Tax Assessor; and
WHEREAS, a precise plan for the remodel of a 5,175-square foot retail building
and accompanying parking lot and landscaping modifications on the site has been
submitted; and
WHEREAS, consistent with this request, the applicant has also requested an
administrative use permit to allow a Master Plan for outdoor seating; and
WHEREAS, the Planning Commission upon giving the required notice did, on the
13th day of December, 2016, conduct duly advertised public hearings as prescribed by law to
consider said application; and
WHEREAS, on the 24th day of January, 2017, the Planning Commission did adopt
Resolution No. 17- 5842 denying the application; and
City Council Resolution No.
Conditional Use Permit No. 16-08
March 21, 2017, Page 2
WHEREAS, on January 31, 2017 an appeal of the Planning Commission action was
filed by Loeb & Loeb LLP on behalf of the applicant LTG South Hills LLC ("LTG"); and
WHEREAS, the City Council did, on the 21' day of March, 2017, 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:
The applicant is requesting approval of a conditional use permit to allow for the
operation of a drive-through in conjunction with the establishment of a fast food
restaurant in an existing 5,175-square foot retail building.
2. The applicant is requesting a Precise Plan No. 16-05 to approve the design and
allow the remodel of the 5,175-square foot building.
3. The applicant is requesting Administrative Use Permit No. 16-52 to allow a
Master Plan for outdoor seating at 1410-1432 S. Azusa Avenue (South Hills
Plaza). The property is located within the "Neighborhood Commercial" (N-C)
Zone.
4. 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.
City Council Resolution No.
Conditional Use Permit No. 16-08
March 21, 2017, Page 3
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.
5. 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 minor alterations to the
site, to the existing structure and the addition of a drive-through.
NOW, THEREFORE, BE 1T RESOLVED, by the City Council of the City of
West Covina as follows:
1. On the basis of evidence presented, both oral and documentary, the City Council
makes the following findings for approval of a conditional use permit:
a. The proposed drive-through use at this particular site would provide a
service and dining to nearby residents, as well as customers and employees
of other nearby businesses, which will contribute to the general well-being
of the neighborhood or community. The proposed use is in context of the
Neighborhood Commercial Zone and is consistent with the surrounding
uses.
b. The proposed development of the drive-through at a restaurant will not 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. The site for the proposed drive-through use is adequate in size and is
shaped to accommodate the use. The subject property is located on a 9.54-
acre parcel. The subject property will include adequate parking for the
patrons and the employees. As part of the site design, there will be 42,932
square feet of landscaping and the building coverage will be 117,559
square feet. The applicant proposes 456 parking spaces. There are
decorative CMU block walls on the perimeter of property as well as
landscape hedges and trees. The drive-through accommodates 8 vehicles
in the drive-through lane and would not negatively impact any surrounding
streets.
d. The subject property abuts streets and highways adequate in width and
improvements to carry the traffic generated by the proposed use.
Neighborhood Commercial (N-C) uses shall have access to a four-lane or
wider street or highway (WCMC Sec. 26.537-b). The project site is
located on the east side of a principle arterial, South Azusa Avenue (six-
lane street), south of a minor arterial, East Aroma Drive (four-lane street).
City Council Resolution No.
Conditional Use Permit No. 16-08
March 21, 2017, Page 4
There are three vehicular access points which are located on South Azusa
Avenue and two vehicular access points on East Aroma Drive.
e. The granting of the conditional use permit will not adversely affect the
General Plan of the City, or any other adopted plan of the City. The
proposed use of a drive-through and the site design is consistent with the
General Plan of the City.
2. That the approval of the conditional use permit is subject to the following
conditions:
a. Comply with the plans approved by the City Council on March 21, 2017.
b. Comply with all requirements of the "Neighborhood Commercial" (S-C)
Zone and all other applicable standards of the West Covina Municipal Code.
Additionally, comply with all applicable codes.
C. Approval of this conditional use permit is contingent upon the approval of
Precise Plan No. 16-05.
d. That any proposed change to the approved site plan, floor plan, or elevations
be reviewed by the Planning, Building, Fire, and Police Department and that
the written authorization of the Planning Director shall be obtained prior to
implementation.
e. Commercial deliveries shall not be permitted between the hours of 9:00 p.m.
to 7:00 a.m.
f. The drive-through is approved for operation between the hours of 5:00 AM
to 12:00 AM, 7 days a week.
g. The drive-through window shall be located on the south side of the
remodeled retail building.
h. The speaker box for the drive through shall be a minimum of 40 feet from
the west side property line. The drive-through window shall be located on
the north side of the proposed building.
i. The drive through shall provide a minimum of 8 queuing spaces in the drive-
through aisle.
j. Awnings shall be kept clean and well-maintained. Worn or damaged
awnings shall be replaced.
Cit.‘,/ Council Resolution No.
Conditional Use Permit No. 16-08
March 21, 2017, Page 5
k. In the event that noise issues negatively impact neighboring properties or
businesses 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 revoke the conditional use permit pursuant to
Section 26-253 of the West Covina Municipal Code.
1. in the event that availability of traffic/circulation is negatively impacted,
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 revoke the conditional use permit pursuant to Section 26-253
of the West Covina Municipal Code.
m. 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.
n. Licenses and permits as required by the West Covina Municipal Code shall
be obtained prior to the start of the operation of the use for appropriate
cause.
o. The approved use shall not create a public nuisance as defined under Section
15-200 of the West Covina Municipal Code.
P. The applicant shall comply with all applicable health and safety codes.
q. The operation of the facility shall comply with the West Covina Noise
Ordinance.
SECTION I. Based on the evidence presented, both oral and documentary, the City
Council approves Conditional Use Permit No. 16-08.
City Council Resolution No. 2017-11
Conditional Use Permit No. 16-08
March 21, 2017, Page 6
PASSED, APPROVED AND ADOPTED this 21st day of March, 2017.
APPROVED AS TO FORM: ATTEST:
City Clerk
I, 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 on the 21s t
day of March, 2017, by the following vote of City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Johnson, Warshaw, Spence, Wu
Toma
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