Resolution - 2017-12RESOLUTION NO. 2017-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, OVERTURNING THE DECISION
OF THE PLANNING COMMISSION AND APPROVING
ADMINISTRATIVE USE PERMIT NO. 16-52 ON APPEAL OF
PLANNING COMMISSION ACTION
ADMINISTRATIVE USE PERMIT NO. 16-52
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 forms
prescribed by the Council, a request for an administrative use permit to allow a Master
Plan for outdoor seating on that certain property generally described as:
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, as provided for under Municipal Code Section 26-270(c), the
Planning Director elected to transfer the matter of the proposed administrative use permit
directly to the Planning Commission for consideration; and
WHEREAS, a precise plan for the remodel of a 5,175-square foot 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 a
conditional use permit for the operation of a drive-through use in conjunction with the
establishment of a fast food restaurant; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the
13th day of December, 2016 conduct a duly advertised public hearing as prescribed by
law; 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.
Administrative Use Permit No. 16-52
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 the City Council and in its behalf
reveal the following facts:
1. The applicant is requesting an administrative use permit 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.
2. This administrative use permit application is submitted in conjunction with a
request for approval of Precise Plan No. 16-05 to approve the design and allow the
remodel of the 5,175-square foot building.
3. The applicant is also requesting approval of a conditional use permit to allow for the
operation of a drive-through window in conjunction with the establishment of a fast
food restaurant.
4. Appropriate findings for approval of an administrative use permit for a Master Plan
for outdoor seating 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.
e. That the granting of such administrative use permit will not adversely affect
the General Plan of the City, or any other adopted plan of the City.
City Council Resolution No.
Administrative Use Permit No. 16-52
March 21, 2017- Page 3
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, 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 regarding the Master Plan for Outdoor Seating:
a. The proposed Master Plan for Outdoor Seating at this particular site would
provide a service and dining possibilities 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 Master Plan for Outdoor Seating 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 Master Plan for Outdoor Seating 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 canopy trees.
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). 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 administrative 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 restaurant and the site design is consistent
with the General Plan of the City.
City Council Resolution No.
Administrative Use Permit No. 16-52
March 21, 2017- Page 4
2. That pursuant to all of the evidence presented, both oral and documentary, and further
based on the findings above, Administrative Use Permit No. 16-52 is approved
subject to the provisions of the West Covina Municipal Code, provided that the
physical development of the herein described property shall conform to said plan and
the conditions set forth herein which, except as otherwise expressly indicated, shall be
fully performed and completed or shall be secured by bank or cash deposit
satisfactory to the Planning Director, before the use or occupancy of the property is
commenced and before the Certificate of Occupancy is issued, and the violation of
any of which shall be grounds for revocation of said administrative use permit by the
Planning Commission or City Council.
3. That the administrative use permit shall not be effective for any purpose until the
owner of the property involved (or a 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 precise plan 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 the conditional use permit is subject to the following conditions:
a) Comply with plans reviewed by the City Council on March 21, 2017.
b) Comply with all requirements of the "Neighborhood Commercial" (N-C)
Zone and all other applicable standards of the West Covina Municipal
Code, particularly Chapter 26, Article X.
c) Any proposed change to the approved study plans or operational plan must
first be reviewed by the Planning, Building, Fire, Police, and shall require
the written authorization of the Planning Director prior to implementation.
d) A total of 35 outdoor seats will be allowed in conjunction with this
Administrative Use Permit.
e) Each restaurant shall apply for an administrative use permit. Each tenant
shall submit a site plan, floor plan that clearly depicts the seating
arrangement, number of seats, outdoors dining dimensions, railing details,
and any other fixtures (i.e., potted plants), and elevation(s). The purpose of
the Master Administrative Use Permit is to set guidelines on design, and
designated areas where outdoor seating is allowed for each tenant.
Although, an administrative use permit is required for each individual
&dr.)
Johnson, Warshaw, Spence, Wu
Toma
None
None
City Council Resolution No. 2017-12
Administrative Use Permit No. 16-52
March 21, 2017 - Page 5
tenant, no additional notices need to be mailed out as mailing were sent for
AUP 16-52 establishing the master plan. The Planning Department is
responsible for tracking the number of seats approved for each individual
tenant. All administrative use permit applications for outdoor seating shall
be reviewed and approved by LTG South Hills LLC for consistency with the
Master Administrative Use Permit prior to Planning Department submittal.
0 Obtain all required Fire Department, Engineering Division, and Building
Division permits.
SECTION 1. Based on the evidence presented, both oral and documentary, the
City Council approves Administrative Use Permit No. 16-52.
PASSED, APPROVED AND ADOPTED this 21s t day of March, 2017.
APPROVED AS TO FORM:
KinTherly Hall Carlow
City Attorney
ATTEST:
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 21 5t day of
March, 2017, by the following vote of City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Nickolas S. Lev:as
City Clerk , \''