02-05-2002 - Zone Change #01-05 - Negative Declaration of Environmental Impact• City of West Covina
*Memorandum
TO: Andrew G. Pasmant, City Manager AGENDA
and City Council
FROM: Douglas N. McIsaac, Planning Director ITEM NO. B-1
DATE February 5, 2002
SUBJECT: ZONE CHANGE NO.01-05
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
SUMMARY: The zone change is being proposed in conjunction with a re -subdivision of a
4.8-acre site into eleven single-family residential lots (increased from nine
lots) located at 2750-2808 E. Cortez Street. Specifically proposed is a zone
change of a 0.2-acre portion of the site from "R-A" (Residential
Agricultural), Area District V to "R-1" (One -Family Residential), Area
District III.
BACKGROUND:
The subject property is a 4.8-acre site located at 2750 and 2808 E. Cortez Street. The
property is currently comprised of two parcels, the parcel at 2750 E. Cortez Street is 2.9
acres in size and the parcel at 2808 E. Cortez Street is 1.9 acres in size.. The property is
located midway between Barranca Street and Citrus Street, on the south side of Cortez
Street. The property contains a substantial number of trees and a watercourse that runs
near the westerly property line.
In 1997, Tentative Tract Map No. 51600 was approved to subdivide the site into a total of
nine lots along with a new cul-de-sac street extending into the property from Cortez
Street. That tentative tract map is still valid and the applicant has the ability to move
forward with a nine -lot project.
Prior to the 1997 subdivision, the easterly property at 2808 E. Cortez Street was zoned
"R-A" Area District V (which requires a minimum lot size of 40,000 square feet), and the
westerly property at 2750 E. Cortez Street was zoned "R-l" Area District III (which
requires a minimum lot size of 14,400 square feet. In order to facilitate the creation of
two new lots on the southerly portion of the 2808 property, the zoning of those two
proposed lots was changed to "R-l" Area District III, which has a smaller minimum lot
size requirement. With this zone change, only Lot 9 of Tentative Tract Map No. 51600
(the northerly portion of the 2808 property) continued to remain zoned "R-A" Area
District V, with a size of 49,589 square feet.
On January 15, 2002, the Planning Commission voted to approve Tentative Tract Map
No. 51600 (revised) to subdivide the property into eleven lots, Variance No. 01-08 to
allow for the reduction of lot depth in one lot and the reduction in lot width of two lots,
and Tree Removal Permit No. 14 to allow for the removal of 16 trees identified as
significant. The Planning Commission recommended to the City Council approval of
Zone Change No. 01-05, and certification of the Negative Declaration of Environmental
Impact. A related application, Variance No.. 02-01, requesting a reduction of the required
front yard setback to allow an existing single-family house on the 2750 E. Cortez parcel
to remain, was approved by the Planning Commission on January 29, 2002.
DISCUSSION:
Currently, the westerly property at 2750 E. Cortez Street and the southerly portion of the
property at 2808 E. Cortez Street are zoned "R-l" Area District III, which requires a
minimum lot size of 14,400 square feet. The northerly portion of the property at 2808 E.
Cortez Street is zoned "R-A," Area District V, which requires a minimum lot size of
40,000 square feet.
In proposing to re -subdivide the property to create two additional lots (mostly on the
westerly parcel), 7,105 square feet of area is being taken from the westerly and southerly
portions of the parcel at 2808 E. Cortez Street to facilitate the creation of these two new
Z:\Case Files\ZONE CHANGE\2001\01-05\Cc Staff Report2.5.02.doc
Zone Change No. 01-05 •
February 5, 2002 — Page 2-
lots. Since this area will now become a part of smaller -sized lots less than 40,000 square
feet in size, it is necessary to change the zoning of these two small strips of land from "R-
A" Area District V to "R-l" Area District III. Lot 9 of Tentative Tract Map No. 51600
(Revised) will be reduced in size from 49,589 square feet to 42,484 square feet, but will
still be . in excess of the 40,000-square foot minimum requirement for the "R-A" Zone,
Area District V.
FISCAL IMPACT:
The proposed zone change is not anticipated to have a significant fiscal impact.
PLANNING COMMISSION DISCUSSION AND RECOMMENDATION:
On January 15, 2002, the Planning Commission voted 5-0 to recommend approval of the
proposed Zone Change No. 01-05 and certify the Negative Declaration of Environmental
Impact, and to approve Tentative Tract Map No. 51600 (revised), Variance No. 01-08,
and Tree Removal Permit No. 14. The Commission felt that the inclusion of two
additional lots was acceptable and would not pose any more impacts to the surrounding
neighborhood. The Commission added conditions to require additional landscaping and
directed staff to ensure that the design of the proposed homes would be compatible with .
the surrounding neighborhood. On January 29, 2002, the Planning Commission approved
a related application, Variance No. 02-01, on a 4-0 vote.
RECOMMENDATION:
The Planning Commission and staff recommend that the City Council adopt the
following resolution and introduce the following ordinance:
A RESOLUTION OF THE AONO NCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, CERTIFYING THE NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR
TENTATIVE TRACT MAP NO. 51600, ZONE CHANGE NO. 01-05,
VARIANCE NO. 01-08 AND TREE REMOVAL PERMIT NO. 14,
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT OF 1970, AS AMENDED.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO.01-05.
Prepared by:
jSy�lvjiaa7dez
Planning Assistant
Reviewed and approved by:
Douglas
ZACase Files\ZONE CHANGE\2001\01-05\Cc Staff Report2.5.02.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, CERTIFYING THE NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR
TENTATIVE TRACT MAP NO.51600, ZONE CHANGE NO.01-05,
VARIANCE NO. 01-08 AND TREE REMOVAL PERMIT NO. 14,
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT OF 1970, AS AMENDED.
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: Michael Fuerst
LOCATION: 2750-2808 E. Cortez Street
WHEREAS, there was filed with this City a verified application on forms
prescribed in Chapter 26, Article VI of the West Covina Municipal Code requesting the
approval of a tentative tract map, zone change and tree removal permit for the purposes of
subdividing two existing single-family residential lots into a total of none single-family
residential lots on that property generally described as:
Assessor Parcel Nos. 8482-006-001 and 8482-006-002 as shown on the latest rolls
of the Los Angeles County Assessor; and
WHEREAS, the proposed project is considered a "project" pursuant to the terms
of the California Environmental Quality Act (CEQA); and
WHEREAS, an initial study was prepared for said project; and
WHEREAS, based upon the findings of the initial study, it was determined that
although the proposed project could have a significant impact on the environment, there
will be none in this case due to mitigation measures that have been incorporated into the
project's design or required as conditions of approval; and
WHEREAS, it was determined that the proposed project will not have a signif cant
on the environment and will not individually or cumulatively have an adverse effe11
ct on
wildlife resources, as defined in Section 711.2 of the California Fish and Game Code; and
WHEREAS, a Negative Declaration of Environmental Impact was prepared for the
proposed project pursuant to the requirements of the California Environmental Quality
Act of 1970, as amended, and mitigation measures are included in said Negative
Declaration in support of the finding that all potential impacts can. be reduced to a level of
insignificance; and
WHEREAS, the Planning Commission, upon giving the required notice, did o11
n the
15th day of January 2002, conduct a duly advertised public hearing as prescribed by, law
to consider said application, at which time the Planning Commission adopted Resolution
No. 02-4712, recommending to the City Council certification of the Negative Declaration
of Environmental Impact for Tentative Tract No. 51600, Zone Change No. 01-05,
Variance No. 01-08 and Tree Removal Permit No. 14; and
WHEREAS, the City Council did, on the 5th day of February 2002, conduct a duly
advertised public hearing as prescribed by law to consider said applications i and
environmental documents, and considered evidence presented by the Planning
Commission, Planning Department, and other interested parties.
Z:\CaseFiles\TRACTMAP\2ool\TTM51600\CC\NegDecRESOLUTION N O.doc
City Council Resolution No.
TT51600, ZC 01-05, VAR 01-08 and TRP 14
February 5 - Page 2
NOW, THEREFORE, the City Council of the City of West Covina does hereby
resolve as follows:
1. After receiving and considering all determinations, studies, documents, and
recommendations, as well as other appropriate public comments, the Planning
Commission of the City of West Covina hereby recommends to the City Council
that it certify the Negative Declaration of Environmental Impact subject to
compliance with the mitigation measures that are recommended in the Negative
Declaration of Environmental Impact as outlined below:
Env>ronmental
d' ImpactsDept
Mrt>gat><on Measures
Monttor>tn
(Agency'
Monitoring °
Methods `
Water
Submit a grading and drainage plan to the
Bldg./Eng. Dept.
Pre -
City Engineer for review and approval.
and Planning
construction
Prior to approval of the grading plan, a
Dept.
plan check.
hydrological analysis of the site shall be
submitted to and approved by the City
Engineer demonstrating that the project
and the projected development of single-
family residences thereon will not result
in any net increase in the amount of
surface water runoff into the natural
drainage course along the southwesterly
boundary of the site.
As part of the final grading plan, provide
necessary drainage devices as required by
the Building and Engineering Department
to ensure protection of engineered slopes.
As a mitigation measure, a hydrological
analysis will be required to be submitted
to and approved by the City Engineer
demonstrating that there will be no net
increase in the amount of surface water
runoff directed into the natural drainage
course.
The project is required to implement the -
Standard Urban Stormwater Mitigation
Plans (SUSMPS) standards. These
standards require residential subdivisions
of more than 10 units to minimize
pollutant runoff and ensure that runoff
discharge does not exceed
predevelopment rates. The grading and
drainage will be required to be designed
by a registered Civil Engineer to
determine compliance with SUSMPS.
Air/Noise
Throughout the grading and construction
Planning Dept.
Pre -
phase, soil shall be kept moist to reduce
Bldg./Eng. Dept.
construction
ZACase Files\TRACT
MAP\2001\TTM 51600\CC\NegDec R E S O L U T 10 N
N O.doc
City Council Resolution No.
TT51600, ZC 01-05, VAR 01-08 and TRP 14
February 5 - Page 3
fugitive dust and otherwise comply with
plan check, on -
South Coast Air Quality Management
site inspections,
District Rule 403 (Fugitive Dust).
and citizen
During Santa Ana wind conditions with
input.
wind speeds exceeding 25 mph, soil
disturbance areas shall be watered hourly
or active operations on unpaved surfaces
shall be terminated until the wind speeds
no longer exceed 25 mph.
All trucks hauling dirt to or from the site
shall have their loads wet down or
covered.
Energy and
Energy conservation measures that meet
Building and
Pre -
Mineral
the minimum requirements of Title 24 of
Engineering
construction
Resources
the California Code of Regulations, shall
Dept.
plan check.
be incorporated into any building
construction.
Biological
For all significant (minimum six-inch
Planning Dept.
Pre -
Resources
caliper) California Live Oak (Quercus
construction
agrifolia) trees to be preserved, the
plan check.
following measures shall be observed
during construction:
On -site
a. Install six-foot high barricade
inspections.
fencing at dripline of trees. Such
fencing is to be installed prior to any
grading or construction activities and
is to remain in good condition
throughout construction.
b. No trenching or grade changes shall
occur inside the dripline of protected
trees.
C. Keep all construction equipment and
materials outside the driplines of
protected trees.
d. No irrigation shall be permitted
within the driplines of protected
trees.
Within 90 days of the completion of
grading, a minimum of two 15-gallon
Quercus agrifolia trees and one 36-inch
box container size tree (species to be
approved by the Planning Director) shall
be planted for each significant Quercus
agrifolia tree removed. Similarly, a
minimum of two 15-gallon and one 24-
inch box container size trees (species to be
approved by the Planning Director) shall
Z:\CaseFiles\TRACTMAP\2001\TTM51600\CC\NegDecRESOLUTION
N O.doc
City Council Resolution No.
TT51600, ZC 01-05, VAR 01-08 and TRP 14
February 5 - Page 4
be planted for all other significant trees
removed. A planting plan showing the
location and method of planting said trees
shall be submitted to the Planning
Department for review and approval to
provide a reasonable degree of screening
from surrounding residences.
Trees shall not removed until all building
permits have been cleared.
II'I
Noise
Grading and construction activity shall
Planning Dept./
On -site
comply with the City's grading and noise
Bldg. Eng.
inspections.
ordinances. Requirements include, but are
Dept./
not limited to, restricting excavation,
Code
Citizen input.
grading, and other construction activities
Enforcement
to the hours between 7:00 a.m. and 8:00
p.m. Also, all construction equipment,
stationary or mobile, shall be required to
have properly operating and maintained
mufflers.
Mechanical equipment to be installed on
the site shall be required to operate below
65 dB levels as measured from the nearest
property line.
Planning Dept.
Aesthetics
Submit a detailed landscaping an
d p g
Pre-
irrigation plan to the Planning Department
construction
for review and approval. Said plan shall
plan check.
include the type, size, and quantities of
plant materials to be utilized, which shall
On -site
be designed to provide a reasonable
inspections.
degree of screening from surrounding
residences. Landscaping and irrigation
plans shall be designed in compliance
with the water efficiency landscape
standards contained in the West Covina
III
Municipal Code.
2. Non-compliance with the aforementioned mitigation measures as by '';II the
monitoring department/agency and any measures taken to correct said non-
compliance shall be immediately reported to the Planning Department on the City
of West Covina Monitoring Checklist Form (Attachment I); and
3. The applicant agrees to implement the aforementioned mitigation measures {'and
monitoring or reporting requirements; and
4. Failure to comply with any aforementioned mitigation measures and/or1I
monitoring
or reporting requirements will result in a written notice of violation from the City
to the applicant at which time the City may order that all or a portion of pre -
construction, construction, post -construction activity or project implementation
must cease until compliance is reached; and
Z:\Case Files\TRACT MAP\200]\TTM 51600\CC\NegDec R E SOLUTION N O.doc
City Council Resolution No.
TT51600, ZC 01-05, VAR 01-08 and TRP 14
February 5 - Page 5
5. The California Environmental Quality Act (CEQA) and State and local guidelines,
rules, regulations, and procedures adopted pursuant thereto permits the City of
West Covina to impose any fees or charges associated with implementingthe
above monitoring program upon the applicant; and
6. The City Clerk shall certify as to the passage of this Resolution.
PASSED AND APPROVED on the 5`h day of February, 2002.
i�
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, Janet Berry, City Clerk of the City of West Covina, do hereby certify thatl, the
foregoing Resolution was duly adopted by the City Council of the City of West Covina,
California, at a regular meeting held on the 5t'day of February, 2002.
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM:
City Attorney
City Clerk
Z:\Case Files\TRACT MAP\2001 \TTM 51600\CC\NegDec R E S O L U T I O N N O.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY , COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, APPROVING ZONE CHANGE NO.01-05
ZONE CHANGE NO.01-05
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: Michael Fuerst
LOCATION: 2750-2808 E. Cortez Street
WHEREAS, there was filed with the City a verified application on the forms prescribed
in Section 26-153 and 26-199 of the West Covina Municipal Code, for the reclassification from:
"R-A" (Residential -Agricultural) Zone, Area District V to "R-l" (One -Family
Residential) Zone, Area District III (Exhibit 1)
on that certain property generally described as:
Assessor's Parcel No. 8482-006-001 and 8482-006-002, in the records of the Los
Angeles County Assessor; and
WHEREAS, the proposed zoning of "R-1", Area District III, with a minimum required lot
size of 14,400 square feet, is consistent with the existing General Plan land use designation for the
site of "Suburban Residential," with a density designation of 2.1 to 4.0 dwelling units per acre; and
WHEREAS, the proposed zone change maintains consistency between the General Plan and
Zoning Map; and
WHEREAS, said zone change has also been requested to facilitate the construction of an
eleven lot subdivision; and
WHEREAS, a tentative tract map for the subdivision has been submitted for the
development of the project; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 15th day
of January, 2002, conduct a duly advertised public hearing as prescribed by law, at which time the
vote of the Planning Commission adopted Resolution 02-4711 recommending approval to the City
Council of Zone Change 01-05; and
WHEREAS, studies and investigations made by the City Council and in its behalf reveal
the following facts:
1. The applicant is requesting approval of a zone change from "R-A" (Residential -
Agricultural), Area District V to "R-1" (Single -Family Residential), Area District
III..
2. The applicant is requesting the zone change to facilitate the subdivision of the
subject property from two lots into eleven lots, thereby changing the lot line of an
existing property which is also the boundary of the zoning districts.
3. Findings necessary for approval of a zone change are as follows:
a. There are changed conditions since the existing zoning became effective
to warrant other or additional zoning.
b. The proposed change of zone Will not adversely affect adjoining property
as to value or precedent and will not be detrimental to the area.
ZACase Files\ZONE CHANGE\2001\01-05\ORDINANCE NO.doc
Ordinance No. •
Zone Change No. 0 1 -05
February 5, 2002 - Page 2 of 4
C. A change of zone will be in the interest or furtherance of the public health,
safety, and general welfare.
d. The approval of such a change of zone will not adversely affect the
comprehensive General Plan so adopted by the City.
e. The approval of such a zone change is consistent with the General Plan or
applicable. specific plans.
4. Pursuant to the requirements of the California Environmental Quality Act
(CEQA) of 1970, a NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT has been prepared indicating that although the project could have a
significant effect on the environment, there will not be a significant effect due to
mitigating measures.
WHEREAS, based on the evidence, both oral and documentary, the City Council finds as
follows:
a. Through the proposed subdivision, the property lines will be adjusted. Currently,
the western and southern property lines of the property located at 2808 E. Cortez
Street, also serves as the boundary line between the "R-1" zone and the "R-A"
zone. The proposed subdivision would create a situation where the property lines
and zone boundaries are not in the same location. Therefore, conditions have
changed so as to warrant the change of zone.
b. The proposed change of zone will not significantly affect the surrounding
properties as the area to be change is.0.2 acres and will not affect the density of
the project.
c. The zone change will change two small slivers of land from "R-A" to "R-1"
within an area that is suitable for such and which will not conflict with other
surrounding uses.
d. The proposed subdivision and zone change does not conflict with any established
policies within the West Covina General Plan and will further promote the goal of
the General Plan to "preserve the essential residential character of West Covina."
e. The existing General Plan land use designation for the site is "Suburban
Residential," with a density range of 2.1 to 4.0 dwelling units per acre. The
proposed subdivision and rezoning is therefore consistent with the General Plan
land use designation for the area.
NOW, THEREFORE, the .City Council of the City of West Covina, California, does
hereby ordain as follows:
SECTION NO. 1: Based on the evidence presented, and the findings set forth, Zone
Change No. 01-05 is hereby found to be consistent with the City's General Plan and the
land uses permitted within said zone classification.
SECTION NO. 2: A Negative Declaration of Environmental Impact has been prepared in
accordance with the California Environmental Quality Act of 1970, as amended.
SECTION NO. 3: The City Council does hereby approve Zone Change No. 01-05
(Exhibit 1).
SECTION NO. 4: The City Clerk shall certify as to the passage of this Ordinance and
shall cause the same to be published as required by law.
ZACase Files\ZONE CHANGE\2001\01-05\ORDINANCE NO.doc
Ordinance No. •
Zone Change No. 01-05
February 5, 2002 - Page 3 of 4
PASSED AND APPROVED on this 5th day of February 2002.
ATTEST:
Mayor
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing
Ordinance No. was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 5th day of February, 2002. That, thereafter, said Ordinance
was duly adopted and passed at,a regular meeting of the City Council on the day of
'2002.
AYES:
NOES:
ABSENT:
ABSTAIN:
DATE:
City Clerk
APPROVED AS TO FORM:
City Attorney
Z:\CasePiles\ZONECHANGE\2001\01-05\ORDINANCE NO.doc
1 ZONE CHANGE NO.01-05
EXHIBIT 1
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INDICATES SITE OR AREA RECLASSIFIED
FROM: "RESIDENTIAL AGRICULTURAL" (R-A) AREA DISTRICT V'
TO: "SINGLE FAMILY RESIDENTIAL" (R-1) AREA DISTRICT III
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CEQA INITIAL STUDY FORM
1. Project Title:
Tentative Tract No. 51600 (Revised)
Zone Change No. 01-05
Variance No. 01-08
Tree Removal Permit No. 14
2. Lead Agency Name and Address:
City of West Covina
1444 W. Garvey Avenue South
West Covina, CA 91790
3. Contact Person and Phone Number:
Sylvia Hernandez, (626) 814-8422
4. Project Location:
2750-2808 E. Cortez Street
West Covina, CA
5. Project Sponsor's Name and Address:
Michael Fuerst
2121 W. Garvey Avenue North
West Covina, CA 91790
6. General Plan Designation
Suburban Residential (2.1 — 4.0 dwelling units per acre)
7. Existing Zoning R-A.(Residential-Agricultural), Area District V
R-1 (One -Family Residential), Area District III
Proposed Zoning: R-1 (One -Family Residential), Area District III
R-A (Residential -Agricultural), Area District V
8. Redevelopment Plan Designation:
None
9. Description of Project:
The project consists of the subdivision of a 4.83-acre site composed of two single-family residential lots into
a total of eleven single-family residential lots, and the construction of a new cuI-de-sac street off Cortez
Street to provide access to the lots. This is a revision to a previously approved Tentative Tract Map to
subdivide the site into a total of nine lots. The two single-family residences that currently exist on the site
are proposed to remain and occupy two of the proposed lots. Grading will be limited to that necessary for
construction of the proposed -street, and the grading of driveway approaches for the new lots. Ten of the
eleven lots are proposed to vary in size from 14,431 square feet to 17,188 square feet, with the tenth lot
proposed to be 42,484 t square feet.
Also proposed to facilitate this project is a zone change to change the zoning of a 0.8-acre portion of the site
from R-A (Residential -Agricultural), Area District V to `.`R-1" (One -Family Residential), Area District III.
A tree removal permit is proposed to permit the removal of a number of California Live Oak and other trees
on the site that are considered to be "significant" trees pursuant to the City's Tree Preservation Ordinance.
A variance is proposed to allow a reduction in lot depth for one lot and a reduction in lot width for:'two other
lots.
10. Surrounding Land Use and Setting: (Briefly describe the project's surroundings.)
The site is located within a mature residential neighborhood consisting of relative large single-family lots.
Most of the lots to the east and north of the site are very large, varying in size from one-half acre to more than
an acre in size. Lots to the west and southwest are more conventional single-family residential lots, with sizes
generally between 13,000 and 17,000 square feet. The campus of South Hills High School adjoins the site directly to the south.
11. Other public agencies whose approval is required (e.g. permits, financing, approval, or participation `-
agreement).
None
Z:\Case Files\TRACT MAP\2001\TTM 51600\CEQA INITIAL STUDY FORM.doc
CEQA Initial Study 2750-2808 ECortez TT 51600, ZC 01-05, TRP 14, VAR 01-08
. Street December 27 2001 - Pa e 2
12. Sources consulted in preparing Initial Study.
City of West Covina Municipal Code ,
City of West Covina General Plan
Guide to the California Environmental Quality Act (CEQA)
State of California Planning, Zoning, and Development Laws
South Coast Air Quality Management District CEQA Air Quality Handbook
International Transportation Engineers' Trip Generation Manual, 5t' Edition
Tree Evaluation, 2750 E. Cortez Street, Tucker's Tree Works, December 9, 1996
CEQA Initial Study TT 51600, ZC 01-05, TRP 14, VAR 01-08
2750-2808 F (^ArtP7 StrP_Pt nPr'Pmhcr Pane
Environmental Factors Potentially Affected
Environmental factors checked below would be potentially affected by this project, involving at least one impact
that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
1. Land Use and Planning 7. Biological Resources 13. Aesthetics
2. Population and Housing 8. Energy and Mineral Resources 14. Cultural Resources
3. Geological Problems 9. Hazards 15. Recreation
4. Water 10. Noise Public Services 16. Mandatory Findings of
Significance
5. Air Quality 11. Public Services
6. Transportation/ 12. Utilities and Service System
7. Circulation
Determination
(To be completed by the Lead Agency).
On the basis of this initial evaluation:
❑ I found that the proposed project COULD NOT have a significant effect on the environment and
NEGATIVE DECLARATION will be prepared. a
aI find that although the proposed, project could have a significant effect on the environment,
not be a significant effect in this case because the mitigation measures described on an attached sheet
have been added to the project. A NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
❑ I find that the proposed project MAY have a significant effects on the environm
ent, ment, but at least one
effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards,
and 2) has been addressed by mitigation measures based on the earlier analysis as described on
attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless
mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed.
❑ I find that although the proposed project could have a significant effect on the environments there
WILL NOT be a significant effect in this case because all potentially significant effects (a) have been .
adequately addressed in an earlier EIR pursuant to applicable standards and (b) have been avoided or
mitigated pursuant to that earlier EIR ,.including revisions to the project design or mitigation measures
that are imposed upon the proposed project.
Signature Date
Printed Name City of West Covina
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0
i.
CEQA Initial Study TT 51600, ZC 01-05, TRP 14, VAR 01-08
2750-2808 E. Cortez Street December 27 2001 - Page 4
Instructions for the Evaluation of Environmental Impacts
L A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the
information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is
adequately supported if the referenced information sources show that the impact simply does not apply to
projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact' answer should
be explained where it -is based on project -specific factors as well as general standards (e.g. the project will not
expose sensitive receptors to pollutants, based on a project -specific screening analysis).
2. All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as
well as project level, indirect as well as direct, and construction as well as operational,impacts.
3. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant. If
there are one or more `Potentially Significant Impact' entries when the determination is made, and EIR is
required.
4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures
has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead
agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than
significant level (mitigation measures from section 17, "earlier analyses," may be cross referenced).
S. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, as effect has
been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses
are discussed in Section 17 at the end of the checklist.
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CEQA INITIAL STUDY CHECKLIST
Yes
WOULD THE PROPOSAL RESULT IN THE PotentiUnless Less Than
al
FOLLOWING ENVIRONMENTAL EFFECTS: Impact Significant Mitigation Significant
Impact Inc. Impact
1. LAND USE AND PLANNING:
A. Conflict with the general plan designation or X
zoning?
B. Conflict with applicable environmental plans
or policies adopted by agencies with
jurisdiction over the project? X
C. Be incompatible with existing land use in the X
vicinity?
D. Affect agricultural resources or operations
(e.g. impacts to soils or farmlands, or
impacts from the incompatible land uses)? X
E. Disrupt or divide the physical arrangement
of an established community (including a
low-income or minority community)? X
2. POPULATION AND HOUSING:
A. Cumulatively exceed official regional or local X
population projections?
B. Induce substantial growth in an area either
directly or indirectly (e.g. through projects in
an undeveloped area or extension of major X
infrastructure)?
C. Displace existing housing, especially X
affordable housing?
3. GEOLOGICAL PROBLEMS:
A. Fault Rupture? X
B. Seismic ground shaking?
X
C. Seismic ground failure, including X
liquefaction?
D. Seiche, tsunami, or volcanic hazard?
X
E. Landslides or mudflows? X
F. Erosion, changes in topography or unstable
soil conditions from excavation, grading, or
fill? X
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Yes
WOULD THE PROPOSAL RESULT IN THE
FFOLLOWING ENVIRONMENTAL EFFECTS:
Potential
No Potential Unless Less Than
Impact Significant Mitigation Significant
G. Expansive soils?
Impact Inc. Impact
X
H. Subsidence of the land?
X
I. Unique geologic or physical features?
X
4. WATER.
A. Changes in absorption rates, drainage
patterns, or the rate and amount or surface
runoff?
X
B. Exposure of people or property to water
related hazards such as flooding?
X
C. Discharge. into surface water or other
alteration of surface water quality
q tY (e.g.
X
temperature, dissolved oxygen or turbidity)?
D. Changes in the amount of surface water in
any water body?
X
E. Changes in currents, or the course or
X
direction of water movements?
F. Change in the quantity of ground waters,
either through direct additions or
withdrawals, or through interception of an
X
aquifer by cuts or excavations or through
substantial loss of groundwater recharge or
capability?
G. Altered direction or rate of flow of
X
groundwater?
H. Impacts to groundwater quality?
X
I. Substantial reduction in the amount of
groundwater otherwise available for public
water supplies?
X
5. AIR QUALITY:
A. Violate any air quality standard or contribute
to an existing or projected air quality
violation?
X
B. Expose sensitive receptors to pollutants?
X
C. Alter air movement, moisture, or
temperature, or cause any change in
climate?
X
D. Create objectionable odors?
X
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2750-2808 E. Cortez Street
December 27 2001 - Page 7
Yes
WOULD THE PROPOSAL RESULT IN THE
FOLLOWING ENVIRONMENTAL EFFECTS:
No Potential PotentialUnless Less Than
-
Impact Significant Mitigation Significant
6. TRANSPORTATION/CIRCULATION:
Impact Inc I Impact
A. Increased vehicle trips or traffic congestion?
X
B. Hazards to safety from design features (e.g.
sharp curves or dangerous intersections) or
incompatible uses (e.g. farm equipment)?
X
C. Inadequate emergency access or access to
X
nearby uses?
D. Insufficient parking capacity on -site or off
X
site?
r7. BIOLOGICAL RESOURCES:
A. Endangered, threatened or rare species or
their habitats (including but not limited to
plants, fish, insects, animals, and birds)?
X
B. Locally designated species (e.g. heritage
X
trees)?
C. Locally designated natural communities (e.g.
X
oak forest, coastal habitat, etc.)?
D. Wetlands habitat (e.g. marsh, riparian, and
X
vernal pool)?
E. Wildlife dispersal or mitigation corridors?
X
8. ENERGY AND MINERAL RESOURCES:
A.. Conflict with adopted energy conservation
X
plans?
B. Use non-renewable resources in a wasteful
X
and inefficient manner?
C. Result in the loss of availability of a known
mineral resource that would be of future
value to the region and the residents of the
X
State?
9. HAZARDS:
A. A risk of accidental explosion or. release of
hazardous substances (including, but not
limited to: oil, pesticides, chemicals, or
X
radiation)?
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. Cortez Street December 27 2001 - Pa e 8
Yes
WOULD THE PROPOSAL RESULT IN THE Potential
Than
FOLLOWING ENVIRONMENTAL EFFECTS: Impact Significant Mitigation FS!ignifficantl Unless Less
Impact Inc.act
B. Possible interference with an emergency
response plan or emergency evacuation
plan?
X
C. The creation of any health hazard or
X
Potential health hazard?
D. Exposure of people to existing sources of
X
potential health hazards?
E. Increased fire hazard in areas with
X
flammable brush, grass, or trees?
10.NOISE:
A. Increases in existing noise levels?
X
B. Exposure of people to severe noise levels?
X
11.PUBLIC SERVICES:
A. Fire protection?
X
B. Police protection?
X
C. Schools?
X
D. Other governmental services?
X
E. Maintenance of public facilities, including
roads?
X
12.UTILITI.ES AND SERVICE SYSTEMS:
A. Power or natural gas?
X
B. Communications systems?
X
C. Local or regional water treatment or
distribution facilities?
X
D. Sewer or -septic tanks?
X
E. Storm waste disposal?
X
F. Solid waste disposal?
X
G...Local or regional water supplies?
X
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CEQA Initial Study
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December 27 2001 - Pa e 9
Yes
WOULD THE PROPOSAL RESULT IN THE
FOLLOWING ENVIRONMENTAL EFFECTS:
Potential
No Potenfia'I Unless Less Than
Impact Significant
Mitigation Significant
Impact Inc. Impact
13-AESTHETICS:
A. Affect the scenic vista or scenic highways?
X
B. Have a demonstrable negative aesthetic
X
effect?
C. Create light or glare?
X
14.CULTURAL RESOURCES:
A. Disturb paleontological resources?
X
13. Disturb archaeological resources?
X -
C. Affect historical resources?
X
15.RECREATION:
A. Increase the demand for neighborhood or
regional parks or other recreational facilities?'
X
B. Affect existing recreational opportunities?
X
FINDINGS OF
F16.MANDATORY
SIGNIFICANCE:
A. Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self-sustaining
X
levels, threaten to eliminate important
examples of the major periods of California
history or prehistory?
B. Does the project have the potential to
achieve short-term, to the disadvantage of
long-term, environmental goals?
X
C. Does the project have impacts that are
individually limited, but cumulatively
considerable? (`Cumulatively considerable"
means that the incremental effects of a
project are considerable when viewed in
X
connection with the effects of past projects,
the effects of othercurrent projects, and the
effects of probable future projects.)
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CEQA Initial Study
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750 December 27 2001 - Pa a 10
Yes
WOULD THE PROPOSAL RESULT IN THE
FOLLOWING, ENVIRONMENTAL EFFECTS:
T
al
Unless
ss
Impact
Significant
=eLie
D. Does the project have environmental effects
Impact
which will cause substantial adverse effects
on human beings, either directly or
X
indirectly?
EXPLANATION OF RESPONSES
LAND USE AND PLANNING
NO IMPACT
I.A.-E. The basic single-family residential use of the property is not proposed to be changed. The
subdivision will, however, modify the density of the residential use of the property from 0.4 units
per acre to 2.3 units per acre. The proposed density is still at the low end the Suburban Residential
General Plan land use designation (2.1 — 4.0 units per acre). Ten of the eleven proposed lots will
range from 14,431 square feet to 17,188 square feet. These lots are consistent in size with existing
lots to the west along the south side of Cortez Street and to the southwest along Larkwood Street.
The tenth proposed lot will maintain a larger size of 42,484t square feet, which is consistent with
the estate -sized lots to the east and north.
POPULATION AND HOUSING
NO IMPACT
2.A.-C. The project consists of the subdivision of two exiting single-family residential lots into eleven lots,
thereby creating the opportunity for the construction of nine additional single-family residences.
At an average household size of 3.3 persons, nine additional residences are estimated to produce
an increased population of approximately 30 persons. Insofar as the proposed project is a
resubdivision of existing over -sized lots and is surrounded by existing development, the project
will not serve to induce further development or population growth beyond that produced by the
project itself.
GEOLOGICAL PROBLEMS
NO IMPACT
3.A,C.-I. Except as noted above, there are no known significant -eological problems or constraints on or in
the immediate vicinity of the site The site is generally level and a major portion of it has been
previously developed.
YES LESS THAN SIGNIFICANT IMPACT
3.13. Southern California is a seismically active area and any new housing development will subject
persons to the potential for exposure to seismic ground shaking. Construction of the units in
compliance with the standards of the Uniform Building Code will provide an acceptable level of
protection from the hazards of potential seismic activity.
WATER
YES POTENTIAL UNLESS MITIGATION INCORPORATED
4.A.-D,F. By virtue of constructing a new cul-de-sac street and nine new building sites, the project will
result in the creation of new areas of impervious surfaces that will serve to increase the amount of
surface runoff produced. The most significant issue with respect to water runoff is the impact on
the natural drainage course that drains in a southeasterly to northwesterly direction along the .
southwesterly boundary of the site, draining into a storm drain inlet at Cortez Street. According to
neighborhood residents, this drainage course has been subject to erosion during significant rainfall
events.
According to the project engineer, the proposed subdivision will not result in any net increase in
the amount of surface runoff water directed into the natural drainage course. Homes constructed
on Lots I through 5 could be designed to direct some or most of the runoff from roof areas and
other impervious surfaces toward the natural drainage course. Any additional water runoff
generated by this circumstance, however, will be more than offset by the fact that the new cul-de-
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sac street will serve to intercept surface runoff from the majority of the site area that currently
flows into the natural drainage course, and instead direct it to Cortez Street. As a mitigation
measure, a hydrological analysis will be required to be submitted to and -approved by the City
Engineer demonstrating that there will be no net increase in the amount of surface water runoff
directed into the natural drainage course.
Storm drain facilities in Cortez Street are adequate to accommodate the incremental increase in
runoff produced by the project. The creation of new impervious surfaces will also result in a small
decrease in the amount of groundwater absorption; however, this impact considered to be
insignificant.
The project is required to implement the Standard Urban Stormwater Mitigation Plans
(SUSWMPS) standards. These standards require residential subdivisions of more than 10 units to
minimize pollutant runoff and ensure that runoff discharge does not exceed predevelopment rates.
The grading and drainage design will be required to be designed by a registered Civil Engineer
and reviewed by the City Engineer to determine compliance with SUSWMPS.
NO IMPACT
4.E, G-I.. The project is not of the nature or magnitude that would significantly affect the amount, quality,
rate, or direction of groundwaters or result in other water -related hazards. The project will not
expose people or property to a significant flooding hazard as the City of West Covina is within a
Zone "D" flood plain designation, which does not require the implementation of a flood plain
management plan.
The project will not expose people or property to a significant flooding hazard as the City of West
Covina is within a Zone "D" flood plain designation, which does not require the implementation
of a flood plain management plan. The project will not result in a change in the current or the
direction of water movements, nor result in the altered direction or flow of ground water.
IMPACT
NO
AIR QUALITY
S.A.-D. According to the South Coast Air Quality Management District CEOA Air uglify Handbook, the
established threshold for potentially significant air quality impacts produced by single-family
residential projects is 166 units. The proposed project, which will provide for the construction of
eight new single-family residences, is far below this threshold level. The proposed project is not
considered to be a "sensitive receptor," nor is the project located in the vicinity of any facilities
known to produce toxic emissions.
TRANSPORTATION/CIRCULATION
YES LESS THAN SIGNIFICANT IMPACTS
6.A. For single-family residential projects, the Institute of Transportation Engineers (ITE) manual
establishes a trip generation rate of 9.55 weekday trips per unit. At this ratio, the resulting trip
generation for the nine additional single-family residences would be 86 trips per average weekday.
Cortez Street, which is designated as a secondary arterial, is designed and has sufficient capacity
to accommodate the additional trips anticipated to be generated by this project.
The two existing single-family lots that comprise the site currently take. access directly from
Cortez Street. Three of the eleven proposed lots in the project would continue to take direct access
from Cortez Street, while the other eight lots will take access off a new cul-de-sac street
CY
connecting to Cortez Street. Insofar as Cortez Street supports similar single-family residential
development along its entire length (with a combination of direct access driveways and connecting
local streets), the proposed project will not significantly alter traffic movements or. the flow of
traffic along Cortez Street.
NO IMPACT
6.B.-D. The public and private streets servicing the project have been designed in accordance with
established City standards. The Fire Department has reviewed the proposed project and
determined the emergency access to be adequate.
.BIOLOGICAL RESOURCES
NO I_ MPACT
TA., C.-E. While the 4.8-acre site is developed with two single-family residences, it currently supports large
areas of natural open space. The site features undulating"
gsouthsloped terrain with moderate to dense
course extends along the
tree cover. A natural drainage westerly property line of the site.
Trees and natural vegetation within the area of the drainage course are particularly dense. Despite
these existing conditions, the proposed development is not anticipated to significantly impact
biological resources. While the site supports several acres of natural open space, it is entirely
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surrounded by developed areas and does not constitute part of a larger natural habitat area. While
the development will result in the loss of some habitat area, there are no known endangered,
threatened, or rare species that exist on the site. Furthermore, the project has been designed to
leave most of the area of the lots in an unaltered, ungraded state, with new homes proposed to be
constructed to conform with the natural terrain. In particular, the natural drainage course area will
be left undisturbed.
YES POTENTIAL UNLESS MITIGATION INCLUDED
7-13• Through a field survey and evaluation performed by a certified arborist, a total of 198 trees were
identified on the site. Of these, a total of 42 trees were determined to be "significant" pursuant to
the City's Tree Preservation Ordinance, 34 of which are California Live Oak trees (Quercus.
agrifolia). The applicant is requesting approval to remove sixteen of the 42 significant trees (38%)
which are situated within the alignment of the proposed street or within the area proposed to be
ultimately developed with homes. Specific effort was made by the applicant to minimize the
number significant trees (and trees in general) to be removed. The applicant's arborist has made
several recommendations for the replacement of Oak trees to be removed and for protecting trees
to be preserved during construction. These will be incorporated as mitigation measures.
ENERGY AND MINERAL RESOURCES
NO IMPACT
S.A.-C. There are no significant known deposits of minerals on the site. All buildings will be required to
be constructed in compliance with Title 24 of the Uniform Building Code, which requires use of
energy efficient equipment and fixtures. In addition, landscaping and irrigation plans will be
reviewed to ensure implementation of water efficient measures and the use of drought tolerant
plant materials.
HAZARDS
NO IMPACT
9.A.-E. The residential design and characteristics of the project are not of the nature that will produce any
significant health or safety hazards.
NOISE
YES POTENTIAL UNLESS MITIGATION INCORPORATED
10.A. Short-term noise impacts may occur during construction. Compliance with the City's construction
and noise ordinances will mitigate potential noise impacts. Mitigation measures include, but are
not limited to: restricting excavation, grading, and other construction activities to daytime hours.
NO IMPACT
10.B. Upon occupancy, existing noise ordinances will ensure that acceptable noise levels are maintained.
PUBLIC SERVICES
YES LESS THAN SIGNIFICANT IMPACT
11.A.-E. The addition of nine housing units and an estimated 30 persons will create a small incremental
increase in the demand for public services. The magnitude of this increase, however, is not
anticipated to substantially degrade the level or quality of services provided.
UTILITIES AND SERVICE SYSTEMS
YES LESS THAN SIGNIFICANT IMPACT
12.A.-G. The addition of nine housing units will create a minor increase in the demand for utilities and
service systems. All necessary on -site infrastructure facilities will be constructed prior to
occupancy of any units. Off -site infrastructure facilities are available and possess sufficient
capacity to serve the development. All utility and service providers have the available capacity
and capability to extend service to the project.
AESTHETICS'
NOI— MPACT
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13.A. The proposed lots are not in a location where their development upon them would result in the
obstruction of any openly available scenic vistas.
YES, POTENTIAL UNLESS MITIGATED r
13.13. The project will ultimately result in the development of nine new single-family homes on the site.
As these homes are not being proposed as part of this subdivision, the exact extent of their
aesthetic impact cannot be determined at this time. Single-family homes by themselves are not
generally considered to be aesthetically offensive. The construction of homes in this location,
however, may disrupt views of open space and/or partially impede upon the visual privacy of
some neighboring homes. The City of West Covina does not have any standards or requirements
prohibiting or protecting against the visual intrusion of new single-family homes. A mitigation
measure, however, will be included to require the incorporation of landscaped screening into the
design of new homes to minimize the extent of any visual intrusion that might be created.
YES LESS THAN SIGNIFICANT IMPACT
13.C. The project will produce new lighting in the form of street lights and outdoor accessory lighting.
The impacts are not considered to be significant and any specific lighting impacts can be mitigated
through compliance with Planning Commission Resolution No. 2513 and West Covina Municipal
Code Section 26-570.
CULTURAL RESOURCES
NO IMPACT
14.A.-C. There are no known historically or culturally significant structures, objects, or buildings associated
with the site.
RECREATION
YES. LESS THAN SIGNIFICANT IMPACT
15.A. The addition of nine housing units and an estimated 30 persons will create a small incremental
increase in the demand for parks and recreational facilities. Mitigation will be provided through
the payment of park in -lieu fees by the developer that will assist in providing and enhancing
public park facilities.
NOI— _IMPACT
15.B. The proposed project will not displace or otherwise directly affect any existing recreational
opportunities.ZD
MANDATORY FINDINGS OF SIGNIFICANCE
NO IMPACT
16.A. Based on the relatively limited size of the project, the project is not considered to have the
potential to degrade the quality of the environment.
16.B. The project is compatible in its character, design, and density with other surrounding
development. As such, the project is not expected to be detrimental to any Ion— term
environmental goals.
16.C. The site is located within a mature urbanized area within which opportunities for future
development are relatively limited. It is therefore not anticipated that the proposed project will
generate any significant cumulative impacts.
16.D. The typical residential characteristics of the project are not of the nature or magnitude that would
cause substantial adverse effects on human beings.
MITIGATION MEASURES
Prior to approval of the grading plan, a hydrological analysis of the site shall be submitted to and approved
by the City Engineer demonstrating that the project and the projected development of single-family
residences thereon will not result in any net increase in the amount of surface water runoff into the natural
drainage course along the southwesterly boundary of the site.
2. Prior to approval of the grading plan, a detailed landscaping and irrigation plan for the manufactured slope
areas shall be submitted to the Planning Department for review and approval. Said plan shall specify the
type, size, and quantities of plant materials to be .utilized. Landscaping and irrigation plans shall be
designed in compliance with the water efficiency landscape standards contained in the West Covina
Municipal Code.
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3. As part of the final grading plan, provide necessary drainage devices as. required by the Public Works
Department to ensure protection of engineered slopes.
4. Throughout the grading and construction phase, soil shall be kept moist to reduce fugitive dust.
5. All trucks hauling dirt to or from the site shall have their loads wet down or covered.
6. During Santa Ana wind conditions with wind speeds exceeding 25 mph, soil disturbance areas shall be
watered hourly or active operations on unpaved surfaces shall, be terminated until the wind speeds no
longer exceed 25 mph. .
7. Energy conservation measures that meet the minimum requirements of Title 24 of the California Code of
Regulations, shall be incorporated into any building construction.
8• Grading and construction activity shall comply with the City's grading and noise ordinances.
Requirements include, but are not limited to, restricting excavation, grading, and other construction
activities to the hours between 7:00 a.m. and 8:00 p.m. Also, all construction equipment, stationary or
mobile, shall be required to have properly operating and maintained mufflers.
9. Mechanical equipment to be installed on the site shall be required to operate below 65 dB levels as
measured from the nearest property line.
10. For all significant (minimum six-inch caliper) California Live Oak (Quercus agrifolia) trees to be
preserved, the following measures shall be observed during construction.
a. Install six-foot high barricade fencing at dripline of trees. Such fencing is to be installed prior to
any grading or construction activities and is to remain in good condition throughout construction.
b. No trenching or grade changes shall occur inside the dripline of protected trees.
C. Keep all construction equipment and materials outside the driplines of protected trees.
d. No irrigation shall be permitted within the driplines of protected trees.
IL Within 90 days of the completion of grading, a minimum of two 24-inch.box Quercus.agrifolia trees and
two 24-inch box container size tree (species to be approved by the Planning Director) shall.be planted for
each significant Quercus agrifolia tree removed. A planting plan showing the location and method of
planting said trees shall be submitted to the Planning Department for review and approval to provide a
reasonable degree of screening from surrounding residences.
12. Prior to the issuance of building permits for the construction of new single-family residences, landscaping
and irrigation plans shall be submitted to the Planning Department for review and approval. Said plans
shall specify the type, size, and location of landscaping materials to be utilized, which shall be designed to
provide a reasonable degree of screening from surrounding residences. Landscaping and irrigation plans
shall be designed in compliance with the water efficiency landscape standards contained in the West
Covina Municipal Code.
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Aw� RECEIVED71��
DECII
PLANNING /:. DEPT.
��Be�ieye in America
December 28, 2001
Planning Commission of West Covina
West Covina City Hall
1444 West Garvey Avenue South
West Covina, CA 91790
Re: Conditional Use Permit No. 01-15
Dear Sirs:
We are the owners of the property immediately west and recommend that the city
approves the proposed use.
Sincerely
The Brutucao Family
P. O. BoX 3848, Anaheim, California 92803 Office (714) 772 - 7396
RECEIVED
JAN 15 2002
PLANNING DEPT.
West Covina Planning Commission January 15, 2002
West Covina City Hall
1444 West Garvey Avenue South
In Reference to:
Zone Change No. 01-05
Tentative Tract Map No. 51600
Variance No. of-o8
Tree Removal Permit No.14
To all concerned:
My wife and I have lived at 2714 East Larkwood Street almost 25 years.
One primary reason we chose our particular home was the fine view of the San
Gabriel Mountains with Mt. Baldy framed atop a variety of trees. Also, we have
enjoyed the quiet environment that large lot, low density communities afford.
The families living on Larkwood within the project area feel a special sense of
space. Most of the homes that backup to the land under discussion have
,swimming pools and the families enjoy a great deal of quiet privacy.
Most likely the Fuerst family can identify with those living around them
regarding the peaceful nature of our area. As they submit their plan to the city, we
would hope that the planning commission would consider the various effects on
families around the project area.
From my perspective, the impact of this plan could put downward pressure on
the property values. At least the view from my living room window would be less
appealing. I suggest that any effect on property values would be proportionate to
the number and size of trees removed from the property. According to the tract
map, Larkwood is approximately 507 feet in elevation while the highest elevation
on the Fuerst property is almost 530 feet. By removing a substantial number of
trees, especially on the southern perimeter, raw ground would be in clear view
from my advantage point.
It would be quite shocking if the city of West Covina would permit the removal
of any California Oak trees, some of which are over 30 inches in diameter. These
trees as I understand, are protected under California State law.
We can't imagine anyone'living around these beautiful old oak trees for many
years and then having them destroyed to gain a profit.
Sincerely,
Charles and Patricia Shaw
2714 East Larkwood Street
J
AGENDA
ITEM NO.C-5
DATE: 01/15/02
PLANNING DEPARTMENT STAFF REPORT
TENTATIVE TRACT NO.51600 (Revised)
ZONE CHANGE NO.01-05
VARIANCE NO.01-08
TREE REMOVAL PERMIT NO. 14
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: Michael Fuerst
LOCATION: 2750 — 2808 E. Cortez Avenue
(between Citrus Street and Barranca Street)
I. DESCRIPTION OF APPLICATION
The project proposes to subdivide a 4.83-acre site composed of two single-family
residential lots into a total of eleven single-family residential lots, and the
construction of a new cul-de-sac street off Cortez Street to provide access to the
lots. This is a revision to a previously approved Tentative Tract Map to subdivide
the site into nine lots. The two single-family residences that currently exist on the
site will continue to remain and occupy two of the proposed lots. Grading will be
limited to that necessary for construction of the proposed street, and the grading
of driveway approaches for the new lots. Ten of the eleven lots are proposed to
vary in size from 14,431 square feet to 17,188 square feet, with the tenth lot
proposed to be 42,484 f square feet.
The project requires the granting of the following entitlements:
(1) a zone change to change a 0.2-acre portion of the property from "Residential
Agricultural" (R-A) Zone, Area District V to "Single -Family Residential" (R-
1) Zone, Area District III;
(2) a tentative tract map to subdivide a 4.83-acre site composed of two single-
family residential lots into a total of eleven single-family residential lots,
(3) a variance for the reduction in lot depth for one lot and the reduction of the
lot width for two lots; and
(4) a tree removal permit for the removal of 16 existing trees identified
as significant under the City's Tree Preservation Ordinance.
II. STAFF RECOMMENDATION
Staff recommends that the Planning Commission adopt resolutions approving
Tentative Tract Map No. 51600, Variance No. 01-08 and Tree Removal Permit
No. 14, and adopt resolutions recommending to the City Council approval of
Zone Change No. 01-05 and certification of the Negative Declaration of
Environmental Impact.
III. ENVIRONMENTAL DETERMINATION
The project will not have a significant impact on the environment because
mitigation measures have been incorporated into the project's design and as
conditions of approval. A Negative Declaration of Environmental Impact has
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been prepared pursuant to the requirements of the California Environmental
Quality Act (CEQA) of 1970, as amended.
IV. HISTORY
The 2:9-acre parcel at 2950 E. Cortez Street has continued to remain
unsubdivided and developed with only one home while adjacent property to the
west has undergone subdivision for typical single-family residential lots. The 1.9-
acre parcel at 2808 E. Cortez Street constitutes the westerly end of a "finger" of
an area of large lots on the south side of Cortez Street that were developed while
unincorporated and subsequently annexed into the City in 1980.
V. SUMMARY OF DATA
STANDARD
PROPOSED
N
REQUIRED/ALLOWED
Site Area
Gross
4.83 acres
General Plan Density
2.1 units / acre
4.0 units / acre
Lot Area,
Lot 1
15,904 sq. ft.*
14,400 sq. ft.
Lot 2
14,448 sq. ft.*
«
Lot 3
17,188 sq. ft.*
GG
Lot 4
14,520 sq. ft.
GC
Lot 5
14,431 sq. ft.
«
Lot 6
14,467sq. ft.
Li
Lot 7-
15,543 sq. ft.
«
Lot 8
14,485 sq. ft.*
GG
Lot 9
42,484 sq. ft.
40,000 sq. ft.
Lot 10
14,645 sq. ft.
14,400 sq. ft.
Lot 11
14,548 sq. ft.
«
Lot Depth
Lot 1
109 ft.*
125 ft.
11
Lot 2
154 ft.
«
Lot 3
203 ft.
(G
Lot 4
162 ft.
«
Lot 5
145 ft.
«
Lot 6
178 ft
«
Lot 7
161 ft.
«
Lot 8
159 ft.
«
Lot 9
263 ft.
No Standard
Lot 10
145 ft.
125 ft.
Lot 11
148 ft.
125 ft.
Lot Width
Lot 1
140 ft.
90 ft.
Lot 2
94 ft.
G(
Lot 3
87 ft.*
cc
Lot 4
91 ft.
64
Lot 5
100 ft.
«
Lot 6
81 ft.*
(C
Lot 7
90 ft.
46
Lot 8
94 ft.
CG
Lot 9
163 ft.
No Standard
Lot 10
123 ft.
90 ft..
Lot 11
99 ft.
«
* Denotes Variance request for lot width or lot depth reduction
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Surrounding Zoning and Land Use:
North: R-1 (A.D. III), R-A (A.D
Residences
III), Cortez Street, Single -Family
South: R-1, (A.D. III), South Hill High School, Single -Family
Residences
East: R-A (A.D. V), Single -Family Residences
West: R-1 (A.D.1II), Single -Family Residences
General Plan Designation: "Suburban Residential' (2.1 — 4.0 dwelling
units per acre)
Not of Public Hearing have been mailed to 53 owners and occupants of
property within 300 feet of the project site.
VI. PROJECT DESCRIPTION AND ANALYSIS
The applicant is requesting approval of a tentative tract map to subdivide a 4.8-
acre site into a total of eleven single-family residential lots.
The site is currently comprised of two large lots. The westerly lot at 2750 E.
Cortez Street is 2.9 acres in size and is improved with a 1,300-square foot home
built in 1914. A notable feature on this lot is a natural drainage course that
extends along and just inside of the southwesterly property line. The existing
home sits near the easterly property line near the top of a slope area and sits about
25 feet above the elevation of the drainage course and Cortez Street. Access to
the house is provided via an asphalt driveway that connects with Cortez Street
near the westerly property line. The large majority of this lot is undeveloped,
supporting a considerable number of natural trees and shrubs.
The easterly lot at 2808 E. Cortez Street is 1.9 acres in size and supports a
considerably larger home of 4,600 square feet along with accessory buildings, a
swimming pool, and stable. While this lot also supports considerable natural
vegetation, a greater portion of this lot has been developed or altered from its
natural state.
Under the proposed subdivision, both of the two existing residences would be
retained and accommodated on two of the new proposed lots. The existing home
at 2750 E. Cortez would be accommodated on Lot 10 (approx. 14,645 square
feet), while the larger home at 2808 E. Cortez would be accommodated on Lot 9,
the largest of the proposed lots at 42,484 square feet.
The subdivision' therefore proposes to create nine new single-family building
sites. Seven of the new building sites would be located on the 2750 E. Cortez
parcel, with two new building sites proposed to be created from the rear portion of
the 2808 E. Cortez parcel.
To provide access to nine of the new lots, a new 330f foot long cul-de-sac street
is proposed to be constructed into the site from Cortez Street. Lots 1 and 9 will
continue to take access directly from Cortez Street. Lots 2 and 11 will also have
frontage on Cortez Street, but will be required to take access from the cul-de-sac
street in order to minimize the number of driveways onto Cortez Street.
The proposed street will climb approximately 22 feet in elevation over its 330-
foot length, equating to an average grade of 6.9 percent. As the steeper portion of
the natural terrain is near the beginning of the street near Cortez Street, cut slopes
will need to be graded on both sides of the street near its base, transitioning near
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the top to a cut slope on the easterly side of the street and a fill slope on the
Westerly side. The most substantial grading for the street will occur adjacent to
Lot 10 and Lot 11, where a 2:1 slope of 15 feet in height and 30 feet in length will
be required. This slope may also be altered with the realignment of lots and
realignment of the street.
The only other grading proposed to be undertaken in conjunction with the
subdivision is to grade driveway aprons for the nine lots on the cul-de-sac street.
The applicant is not proposing to create level building pad areas for future homes.
Instead, the applicant proposes to construct the homes in conformance with the
natural terrain, using terraced designs that step down the natural slopes.
On the basis of the Planning Department's analysis and issues raised by the public
in 1997, several pertinent issues have been identified related to the proposed
subdivision. These are discussed below.
Lot Sizes
The single-family residential area within which the site is located presents some
unique characteristics. It is a mature area with lots that are relatively large, but
which also vary considerably in size from one-third acre to almost two acres.
Because of these disparities in lot sizes, it is difficult to state that there is one
prevailing lot size or character of development within the area. In order to
determine average lot sizes in the surrounding area, staff in 1997 analyzed the
surrounding properties.
The evaluation found that two basic trends in lot sizes exist., Within the areas
which are directly west of the site along the south side of Cortez Street and
Larkwood Street, the average lot sizes are under 17,000 square feet. On average,
therefore, the lot sizes in this area are comparable to those being proposed within
Tentative Tract No. 51600 (average of 15,018 square feet).
Also, along the north side of Cortez Street and the south side of the street, east of
the site, lot sizes are substantialIy larger, with averages ranging from about 30,000
to 49,000 square feet. Within Tentative Tract No. 51600, proposed Lot 9 (42,484.
square feet) would continue to remain consistent with these larger lot sizes.
Part of the difficulty in drawing definitive conclusions regarding the
comparability of the lot sizes within Tentative Tract No. 51600 is that the site
straddles the current dividing line between the "R-1," Area District III zoned area
to the west and the "R-A," Area District V zoned area to the east. The zoning of
the site itself is currently split between "R-1" (the 2.9-acre westerly parcel) and
"R-A" (the 1.9-acre easterly parcel). In proposing to subdivide what are currently
the two largest lots in the entire area into a multiple number of more typically -
sized "R-1" lots, the development of the site would be generally consistent with
other "R-l" development to the west. In doing this, however, it will constitute a
deviation from the larger semi -rural or estate sized "R-A" lots to the east.
Traffic
With the creation of nine new single-family building sites, it is estimated that the
proposed project will ultimately generate 86 new trips per day on Cortez Street.
This equates to an average of an additional 3.7 trips per hour over an 18-hour
period of the day. These additional 86 trips will enter and exit Cortez Street from
the new cul-de-sac street as two lots will continue to take direct access from
Cortez Street as currently occurs.
No current traffic counts exist for this segment of Cortez Street; however, it is
known that the street is currently operating well below its design capacity. With
only nine lots taking access off the cul-de-sac street, there would not be sufficient
warrant demands for the placement of a stop sign at the street's intersection with
Cortez Street. The occurrence of uncontrolled intersections between short cul-de-
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46
sac streets and a collector street (such as Cortez Street) is common throughout the
City and is considered to be acceptable traffic engineering practice.
Comments were made during the original consideration of this project regarding
the increase in traffic on this segment of Cortez Street and the impact on safety on
account of curves on Cortez Street. The more significant of these curves is east of
the site. It has a radius of 380 feet and begins to curve approximately 265 feet
east of the centerline of the proposed street. There is, however, a distance of
approximately 375 feet between the proposed cul-de-sac street and the point
where the line -of -sight is interrupted by this curve.
A more gradual curve with a radius of 530 feet begins to curve approximately 110
feet west of the centerline m of the proposed street. The curve, however, is so
gradual that there is no perceptible break in the line -of -sight from the proposed
street to Citrus Street. While residents have previously spoken of the increased
safety hazard that these curves present, the location of the proposed street in
relation to these curves does not violate accepted traffic engineering standards for
line of sight distances, particular for a local street supporting seven lots.
Additionally, records have not shown there to be an abnormally high rate of
accidents along this segment of Cortez Street.
Construction of Future Homes
While the construction of new homes is not technically under consideration as
part of the proposed tentative tract map, the visual and aesthetic impact of future
homes is an issue of concern to the surrounding neighborhood. The applicant has
indicated that it is their intent for members of their family to construct custom -
designed single-family homes on several of the proposed lots for their own
residency. The remaining lots will likely be held for sale and development on an
individual basis.
The maximum size for any new homes to be built on one of the proposed lots
(with the exception of the already developed Lot 9) is 3,999 square feet, with a
height limit of two stories and 25 feet. Homes designed within these limits do not
require any discretionary review with respect to their design or appearance. The
applicant has indicated that the homes that they plan to construct will be designed
to be integrated with the natural terrain of the site terracing downward on slope
areas.
During the previous tentative tract map review in 1997, some of the neighborhood
concern regarding potential new homes was received from property owners on
Larkwood Street, whose rear yards abut the rear of Lots 1-6 of the proposed tract.
In some cases, the top of these proposed lots are situated up to ten feet higher in
elevation than the homes on the opposite side of the drainage course on Larkwood
Street. On account of this, some of these residents had previously expressed
concerns about visual impacts and the loss of privacy in their back yards.
An opportunity to provide some visual and aesthetic relief exists through retaining
trees and providing landscaped screening. A fairly dense cover of trees and
natural vegetation does exist within the vicinity of the natural drainage course,
which would actually lie within the rear yard setbacks of Lots 1-6. These trees
and vegetation will also provide an effective landscaping screen.
In order to further mitigate the potential impacts of new homes, staff is proposing
to require that landscape plans be approved for new homes within the subdivision.
This review will be used to ensure that landscaping (including specimen -sized
trees) be strategically planted to minimize visual and aesthetic impacts.
Significant trees proposed to be removed will also be replaced on the site at a
two -to -one ratio.
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Natural Drainage Course
As stated, a minor natural drainage course extends through the site just inside of
the southwesterly boundary. As shown on the tentative tract map, the center line
of the drainage course generally runs from 10 to 15 feet east of the property line.
Field investigation, however, revealed that the rear fences of the adjoining lots on
Larkwood Street may extend closer than this distance to the drainage course.
Field investigation did not reveal any visible signs of significant erosion or
property damage caused by the drainage course. Adjoining property owners,
however, have expressed concerns regarding the potential for damage to occur
and that additional runoff from the proposed project could contribute to this
potential. Field observations found that some residents may have placed concrete
and dirt at the rear of their properties to extend their yards closer to the drainage
course.
The drainage from Lots 1, 3, 4, 5 and 6 will likely be designed to be directed into
the drainage course. With the development of new homes and other impervious
surfaces on these lots, more runoff water would be generated from these areas.
The proposed street, however, will serve to intercept runoff from the easterly
portion of the site and direct it into Cortez Street and away from the drainage
course. The applicant's civil engineer has claimed that this circumstance will
offset any increase in runoff produced by the lots on the westerly side, thereby
producing no net increase in the amount of water runoff flowing into the drainage
course. A condition has been included that will require a hydrological study to be
performed that will conclusively demonstrate this.
It should be noted that the majority of the water running through this drainage
course is generated off -site from upstream sources to the south. Runoff water is
generated from sources including South Hills Country Club, entering the site from
South Hill High School. Water includes irrigation runoff as well as storm runoff.
In this regard, runoff from the subject site contributes very little in comparison to
runoff from off -site sources.
Precedent for Future Subdivisions
Regarding the previous submittal, among the comments received from
neighboring residents is that this proposal may establish a precedent for the
subdivision of other large single-family lots in the area.. In response, staff views
this proposed subdivision as a unique situation that is not replicated by other lots
within the surrounding area.
These circumstances pertain principally to the westerly lot at 2750 E. Cortez
Street. This lot is unique compared to other surrounding lots in terms of its size
(2.9 acres), its frontage along Cortez Street (525 feet), its triangular configuration,
and the fact that is currently developed with only a modest -sized house situated
along the side of the lot. By virtue of these circumstances, the lot provides the
necessary amount of undeveloped area for the extension of a street into the site.
Tentative Tract Map
Issues regarding the tentative tract map are primarily related to the conformity of
the map with the General Plan and zoning, the ability to construct and provide
necessary improvements and infrastructure, the design of proposed improvements,
and the suitability of the site to accommodate the proposed development. The
project has been reviewed with respect to all of these issues, and it has been
determined that the proposed tentative tract map meets all of the minimum City
standards and requirements.
The proposed overall density of the project of 2.1 dwelling units per acre, is
consistent with the designated density range for the "Suburban Residential"
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General Plan land use designation of 2.1 to 4.0 dwelling units per acre. The
proposed lot sizes meet the specified respective minimums for the "R-l" Zone,
Area District III and the "R-A" Zone, Area District V.
The proposed cul-de-sac street will have a right-of-way width of 42 feet with
curb -to -curb paving width of 32 feet, which will accommodate two travel lanes
and on -street parking on both sides of the street. The average grade of the street
as it ascends upward from Cortez Street is approximately 7 percent. The City's
maximum allowed grade for residential streets is 15 percent.
Grading of the site will be necessary in order to construct the proposed street as
designed. In particular, cut areas will need to be graded near the beginning of the
road near Cortez Street in order for the street to traverse through a significant
uphill slope area in that portion of the site. Grading of the building sites,
however, is proposed to be limited to that needed for driveway aprons. The
applicant has indicated that it is their intention to construct homes to be integrated
with the natural topography without the use of level building pads. Conditions of
approval will be included to require that this grading scheme be generally
followed by future lot owners.
Even with these restrictions on future grading, sufficient and suitable areas will be
available for the development of single-family homes on the proposed lots. As
discussed elsewhere, the applicant has made application for the removal of a
number of "significant" trees on the site that are located within the area of the
proposed street and possibly within the area needed for the construction of future
homes. Even with this, a large majority of the numerous trees on the site will
continue to be preserved. Conditions will also be imposed to ensure that future
lot owners comply with City requirements for preservation of "significant" trees.
Findings necessary for approval of a tentative tract map are as follows:
a. That the proposed map is consistent with applicable general and specific
plans.
The proposed eleven -lot subdivision is consistent with the West Covina
General Plan and the land use designation for the site of "Suburban
Residential" with a designated density range of 2.1 to 4.0 dwelling units
per acre. The creation of eleven lots with a total net area of 4.83 acres
equates to a density of 2.3 dwelling units per acre.
b. That the design or improvement of the proposed subdivision is consistent
with applicable general and specific plans.
All of the design aspects of the proposed subdivision, including lot sizes
and dimensions, street and utility improvements, and proposed grading
schemes are consistent with the standards and requirements of the West
Covina General Plan and Municipal Code.
C. That the site is suitable for the type of development.
The site is characterized by mildly sloping terrain with a small natural
drainage course traversing along the southwesterly boundary.
Considerable natural vegetation and a number of mature. trees continue to
exist on the site. Even with these characteristics, the site is physically
suitable for low density single-family residential development. The site is
located within an area of mature development wherein single-family
homes have been developed within a similar physical setting.
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d. That the site is physically suitable for the proposed density of
development.
Even with the physical characteristics of the site identified above, the size,
configuration, and location of the proposed lots are such that they are
capable of accommodating single-family residential development without
undue impacts. Development will not be permitted to occur within the
vicinity of the natural drainage course, traversing along the southwesterly
boundary of the site; and conditions will be placed on the subdivision to
minimize grading, require landscaped screening for new homes, and
requiring approval for the removal of "significant" trees.
e. That the design of the subdivision or the proposed improvements are not
likely to cause substantial environmental damage or substantially and
avoidably injure fish, wildlife or their habitat.
While the site currently supports several acres of natural open space, it is
entirely surrounded by areas of mature development and does not
constitute part of.a larger natural habitat area. While the development will
result in the loss of some natural open space, there are no known
endangered, threatened, or rare species that exist on the site. Furthermore,
the project has been designed to leave_ portions of the proposed lots in an
unaltered and ungraded state, with new homes proposed to be constructed
to conform to the natural terrain. The natural drainage course on the site
will be left undisturbed.
f. That the design of the subdivision or the type of improvements are not
likely to cause serious public health problems.
The size and design of the proposed lots, and the type and design of
proposed improvements (including sanitary sewer and other utility
improvements) are consistent with all City standards and requirements,
and are typical of single-family residential development within the area.
The design of the subdivision or the type of improvements are therefore
not anticipated to cause serious public health problems.
g. That the design of the subdivision or the type of improvements will not
conflict with easements acquired by the public for access through or use of
property within the proposed subdivision.
The proposed subdivision does not conflict with any easements acquired
by the public. The proposed lots are provided access from existing or
proposed public streets and thus do not require access easements. The
subdivision will not interfere with minor utility and flood control
easements that exist on the site.
Zone Change
The western and southern portions of the property are currently zoned "R-1,"
Area District III, requiring a minimum lot area of 14,400 square feet. The eastern
portion of the property (2808 E. Cortez Street) is zoned "R-A, " Area District V
and requires a minimum lot size of 40,000 square feet.
Since the property at 2808 E. Cortez Street was annexed to the City in 1980, the
property line between this parcel and the adjacent parcel at 2750 E. Cortez has
represented the dividing line between "R-A," Area District V zoning and "R-1,"
Area District III zoning. The proposed revision of the subdivision adjusts the
western and southern property lines of the property located at 2808 E. Cortez
Street. Since this property line also represents the dividing line between -the two
zones, a zone change is necessary so as not to divide a single property into two
different zoning designations. The areas to be rezoned are narrow portions of
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land along the western and southern property lines of 2808 E. Cortez Street. The
total land area proposed for rezoning is 0.2 acres.
Findings necessary for approval of a zone change are as follows:
a. There are changed conditions since the existing zoning became effective to
warrant other or additional zoning.
Through the proposed subdivision, the property lines will be adjusted.
Currently, the western and southern property lines of the property located
at 2808 E. Cortez Street, also serves as the boundary line between the "R-
1" zone and the "R-A" zone. The proposed subdivision would create a
situation where the property lines and zone boundaries are not in the same
location. Therefore, conditions have changed so as to warrant the change
of zone.
b. The proposed change of zone will not adversely affect adjoining property
as to value or precedent and will not be detrimental to the area.
The proposed change of zone will not affect significantly affect the
surrounding properties as the area to be change is 0.2 acres and will not
affect the density of the project.
C. A change of zone will be in the interest or furtherance of the public health,
safety, and general welfare.
The zone change will change two small slivers of land from "R-A" to "R-
1" within an area that is suitable for such and which will not conflict with
other surrounding uses.
d. The approval of such a change of zone will not adversely affect the
comprehensive General Plan so adopted by the City.
The proposed subdivision and zone change does not conflict with any
established policies within the West Covina General Plan and will further
promote the goal of the General Plan to "preserve the essential residential
character of West Covina."
e. The approval of such a zone change is consistent with the General Plan or
applicable specific plans.
The existing General Plan land use designation for the site is "Suburban
Residential," with a density range of 2.1 to 4.0 dwelling .units per acre.
The proposed subdivision and rezoning is therefore consistent with the
General Plan land use designation for the area.
Variance
The applicant requests the approval of a variance for the reduction of the lot depth
and the lot width for the following:
Lot
Proposed
Required
Proposed
Required
Proposed
Required
Area (sq.
Area (sq.
Lot
Lot
Lot
Lot
ft.)
ft.)
Depth
Depth
Width
Width
(ft.)
(ft.)
(ft.)
(ft.)
1
15,904
14,400
109*
125
140
90
3
17,188
14,400
203
125
87*
90
6
14,467
14,400
178
125
81 *
90
* Indicated the reductions requested in the, variance
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The three subject lots meet all required zoning standards except those indicated
above. The minimum lot size in the "R-l" zone is 14,400 square feet. All three
of the lots where variances are proposed comply with lot area minimums. Due to
the unusual shape of the three subject properties, the applicant is requesting a
variance from lot depth standards for Lot 1 and from lot width standards for Lots
3and 6.
Findings necessary, for approval of a variance are as follows:
a. That there are exceptional or extraordinary circumstances not applicable generally
to the other property or class of use in the same vicinity and zone.
There are exceptional circumstances that apply to the subject property that do not
apply to all other properties in the vicinity and zone in that the property once
divided will require the construction of a new cul-de-sac to provide access to Lots
2, 3, 4, 5, 6, 7, 8 and 10. The subject lots are in compliance with the required lot
area, but due to their unique shape, the required lot depth is not met for Lot 1 and
lot width is not met for Lots 3 and 6.
b. That such variance is necessary for preservation and enjoyment of a substantial
property right possessed by other property in the same vicinity and zone but which is
denied to the property in question.
The variance is necessary to provide the lot width for Lot 1 and the lot depth for
lots 3 and 6. All three lots are in compliance with other zoning standards and two
of the lots exceed the required lot area by over one thousand square feet. The
subject lots are unique in shape as compared to surrounding properties.
C. That granting such variance will not be materially detrimental to the public welfare
or injurious to property or improvements in such vicinity and zone in which property
is located.
The granting of a variance to allow for a "reduction in lot depth for Lot 1 and lot
width for Lots 3 and 6 will not be materially detrimental to the public welfare or
injurious to the property or improvements in such vicinity and zone in that other
residential properties within the vicinity have been developed. The granting of a
variance to allow for a reduction in lot depth for Lot 1 and lot width for Lots 3
and 6 will not be materially detrimental to the public welfare or injurious to the
property or improvements in such vicinity and zone in that the lots will be
conditioned to be subdivided to allow contour grading. and require additional
landscaping.
d. That granting such variance shall be consistent with the adopted General Plan and
any applicable Specific Plans.
The existing General Plan land use designation for the site is "Suburban
Residential," with a density range of 2.1 to 4.0 dwelling units per acre. With the
lots meeting the required lot size and a slight reduction in the required width and
depth the proposed variance is therefore consistent with the General Plan land use
designation for the area.
Tree Removal Permit
Pursuant to the City's Tree Preservation Ordinance (West Covina Municipal Code
Section 26-288 et. seq.), approval of a tree removal permit must first be obtained
before certain types of trees (referred to as "significant" trees) may be removed:
According to the Tree Preservation Ordinance, "significant" trees include any tree
within a street setback area that has a caliper (diameter) of twelve inches or
greater, or any Oak or Sycamore tree anywhere on the site with a caliper of six
inches or greater.
ZACase Files\TRACT MAP120011TTM 516001Staff Report.doc
TTM 51600, ZC 01-05, 01-08, TRP No. 14
January 15, 2002 - Page
It is not the intent of the City's Tree Preservation Ordinance to prohibit
reasonable requests for the development of private property where it may be
necessary for trees to be removed in order to do so. Rather, the ordinance is
intended to provide a mechanism to ensure that "significant" trees are not
removed when other viable options are available for the location of structures,
and/or the preservation or relocation of the subject tree(s).
As previously stated, much of the subject site still remains in an unaltered state
and supports moderate to dense areas of natural tree coverage. In designing the
proposed subdivision and identifying areas for likely future development, the
applicant has attempted to act prudently with respect to preserving as many of the
existing trees on the site as possible. Any subdivision and development of the
site, however, will almost certainly entail the need to remove some trees.
A comprehensive tree survey of the site was completed by a certified arborist.
This survey concluded that there is currently a total of 198 trees on the site with a
caliper of six inches or greater. Of these, 68 trees (34 percent) are proposed to be
removed in order to accommodate the subdivision improvements and the ultimate
development of nine new building sites.
Of the 194 total trees, 38 trees are considered to be "significant." Of these, 30
trees are California Live oak trees (Quercus agrifolia). Most importantly, of the
38 "significant" trees, a total of sixteen trees are proposed to be removed through
the approval of a tree removal permit. . Of these sixteen trees,. twelve are
California Live Oak trees. The specific trees proposed to be removed area are as
follows:
Tree
Survey #
7
51
55
66
68
72
85
90
103
106
130
132
135
189
191
Location
Lot 1
Street R-O-W
Lot 8
Street R-O-W
Street R-O-W
Lot 11
Lot 1 I
Lot 11
Lot 11
Lot 11
Street R-O-W
Street R-O-W
Lot 7
Lot 4
Lot 4
Lot 3.
Common Name
Calif. Live Oak
--Calif Live Oak
Calif. Life Oak
Calif. Live Oak
Evergreen Ash
Evergreen Ash
Calif. Live Oak
Calif. Live Oak
Evergreen Ash
Evergreen Ash
Calif. Live Oak
Calif. Live Oak
Calif. Live Oak
Calif. Live Oak
�Calif'Live Oak
Live Oak
Botanical Name
Quercus agifolia
Quercus agrifolia
Quercus agrifolia
Quercus agrifolia
Fraxinus udehi
Fraxinus udehi
Quercus agrifolia
Quercus agrifolia
Fraxinus udehi
Fraxinus udehi
Quercus agrifolia
Quercus agrifolia
Quercus agrifolia
Quercus agrifolia
Quercus agrifolia
Quercus agrifolia
Height -
Caliper
60'
29"
20'
8"
35'
9"
50'
34"
45'
27"
45'
34"
30'
8"
25'
8"
30'
12"
50'
14"
17'
14"
45'
27"
25'
7"
35'194
18' 1
6
As shown by the table above, five of the sixteen "significant" trees proposed to be
removed are located within the right-of-way of the proposed street. The eleven
other trees are located on Lots 1, 3, 4, 7, 8 and 11 within the portion of those lots
that would almost certainly be needed for the accommodation of homes on those
lots. A condition has been included requiring that the eleven trees within the lot
areas not be removed until building permits are issued for construction of houses
upon their respective lots.
While it will be necessary for the above -referenced trees to be removed to
accommodate subdivision and development of the site as proposed, most of the
larger -sized "significant" trees on the site will be preserved. A condition of
approval and mitigation measure has been included requiring a two -for -one
replacement of "significant" Oak trees to be removed. In addition, no trees
ZACase Files\TRACT MAP\2001\TTM 51600\Staff Report.doc
TTM 51600, ZC 01-05,` R 01-08, TRP No. 14
January 15, 2002 - Pae
("significant" or otherwise) will be removed from the vicinity of the natural
drainage course.
VII. STAFF RECOMMENDATION
Staff recommends that the Planning Commission adopt resolutions approving
Tentative Tract Map No. 51600, Variance No. 01-08 and Tree Removal Permit
No. 14, and adopt resolutions recommending to the City Council approval of
Zone Change No. 01-05, and recommending certification of the Negative
Declaration of Environmental Impact.
- - 411� Y
S Hernandez
Planning Assistant
REVIEWED AND APPROVED:
ZACase Files\TRACT MAPX2001MM 51600\Staff Report.doc
PLANNING COMMISSION
RESOLUTION NO.02-4711
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF WEST COVINA, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF ZONE CHANGE NO.01-05.
ZONE CHANGE NO. 01-05
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: Michael Fuerst
LOCATION: 2750-2808 E. Cortez Street
WHEREAS, there was filed with this Commission a verified application on the
forms prescribed by the Planning Commission, a request for a zone change from:
"R-A" (Residential -Agricultural) Zone, Area District V to "R-1" (One -Family
Residential) Zone, Area District III (Exhibit 1)
on that certain property generally described as:
Assessor's Parcel No. 8482-006-001 and 8482-006-002, in the records of the Los
Angeles County Assessor; and
WHEREAS, the proposed zoning of "R-1", Area District III, with a minimum
required lot size of 14,400 square feet, is consistent with the existing General Plan land use
designation for the site of "Suburban Residential," with a density designation of 2.1 to 4.0
dwelling units per acre; and
WHEREAS, said zone change has been requested in order to change a 0.2 acre
portion of land along the western and southern property line of Lot 9 from "R-A"
(Residential Agricultural) to "R-1" (Single Family Residential) to allow for the proposed
subdivision of the two lots; and
WHEREAS, the proposed single-family residential use of the property will be
compatible with existing surrounding uses, which include other single-family homes and a
school; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the-
5
1`h day of January, 2002, conduct a duly advertised public hearing to consider the subject
application for a zone change; and
WHEREAS, studies and investigations made by the Planning Commission and in its
behalf reveal the following facts:
1. The applicant is requesting approval of a zone change from "R-A"
(Residential -Agricultural), Area District V to "R-l" (Single -Family
Residential), Area District III.
2. The applicant is requesting the zone change to facilitate the subdivision of
the subject property from two lots into eleven lots, thereby changing the lot
line of an existing property which is also the boundary of the zoning districts.
3. Findings necessary for approval of a zone change are as follows:
a. There are changed conditions since the existing zoning became
effective to warrant other or additional zoning.
Z:\Case Files\TRACT MAP\2001\TTM 516002C Reso.doc
Resolution No. 02-471 1
Zone Change No. 0 1 -05 - Michael Fuerst
January 15, 2002 - Page 2
b. The proposed change of zone will not adversely affect adjoining
property as to value or precedent and will not be detrimental to the
area.
C. A change of zone will be in the interest or furtherance of the public
health, safety, and general welfare.
d. The approval of such a change of zone will not adversely affect the
comprehensive General Plan so adopted by the City.
e. The approval of such a zone change is consistent with the General
Plan or applicable specific plans.
5. An initial study prepared for the proposed project has disclosed that although
the project could have a significant effect on the environment, there will not
be a significant effect in this case because mitigation measures have been
incorporated into the project's design and as conditions of approval. A
negative Declaration of Environmental Impact has been prepared for the
proposed project pursuant to the requirements of the California
Environmental Quality Act (CEQA) of 1970, as amended.
NOW, THEREFORE, the Planning Commission does hereby resolve as follows:
SECTION NO. 1: Based on the evidence presented, both oral and documentary,
the Planning Commission finds as follows:
a. Through the proposed subdivision, the property lines will be adjusted.
Currently, the western and southern property lines of the property located at
2808 E. Cortez Street, also serves as the boundary line between the "R-1"
zone and the "R-A" zone. The proposed subdivision would create a situation
where the property lines and zone boundaries are not in the same location.
Therefore, conditions have changed so as to warrant the change of zone.
b. The proposed change of zone will not affect significantly affect the
surrounding properties as the area to be change is 0.2 acres and will not
affect the density of the project.
C. The zone change will change two small slivers of land from "R-A" to "R-1"
within an area that is suitable for such and which will not conflict with other
surrounding uses.
d. The proposed subdivision and zone change does not conflict with any
established policies within the West Covina General Plan and will further
promote the goal of the General Plan to "preserve the essential residential
character of West Covina."
e. The 'existing General Plan land use designation for the site is "Suburban
Residential," with a density range of 2.1 to 4.0 dwelling units per acre. The
proposed subdivision and rezoning is therefore consistent with the General
Plan land use designation for the area.
SECTION NO.2: Based on the evidence presented, and the findings set forth,
Zone Change No. 01-05 is hereby found to be consistent with the City's General
Plan and the land uses permitted within said zone classification. -
SECTION NO. 3: The Planning Commission hereby recommends that the City
Council approve Zone Change No. 01-05, changing the zoning designation for the
subject property as set forth on the Zoning Map of the City of West Covina from "R-
A" (Residential -Agricultural), Area District V to "R-1" (Single -Family Residential),
Area District III as depicted on Exhibit 1.
Z:\Case Files\TRACT MAP\2001\TTM 516002C Reso.doc
- Resolution No. 02-4711 Pichael
Zone Change No. 01-05 - Fuerst
January 15, 2002 - Page 3
SECTION NO. 4: A Negative Declaration of Environmental Impact has been
prepared in accordance with the California Environmental Quality Act of 1970, as
amended.
SECTION NO. 4: The Secretary shall be instructed to forward a copy of this
Resolution to the City Council for its attention in the manner prescribed by law.
I HEREBY CERTIFY that the foregoing Resolution was adopted by the Planning
Commission of the City of West Covina at a regular meeting held on the 151h day of
January, 2002, by the following vote:
AYES: York, Scheuplein, Lane, Tarozzi, Warshaw
NOES:
ABSENT:
DATE:
/911 9 L r �x ,
trg,�
ZONE CHANGE NO.01-05
EXHIIBIT 1
%mil �i •A..0 �Y.•../ � M.I Ar�Ye
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INDICATES SITE OR AREA RECLASSIFIED
FROM: "RESIDENTIAL AGRICULTURAL" (R-A) AREA DISTRICT V
TO: "SINGLE FAMILY RESIDENTIAL" (R-1) AREA DISTRICT III
INDICATES SITE OR AREA RECLASSIFIED
FROM: "RESIDENTIAL AGRICULTURAL" (R-A) AREA DISTRICT V
TO: "SINGLE FAMILY RESIDENTIAL" (R-1) AREA DISTRICT III
PLANNING COMMISSION
RESOLUTION NO.02-4712
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST
COVINA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
CERTIFICATION OF THE NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR TENTATIVE TRACT MAP NO.51600, ZONE
CHANGE NO. 01-05, VARIANCE NO. 01-08 AND TREE REMOVAL PERMIT
NO. 14, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT OF 1970, AS AMENDED.
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: Michael Fuerst
LOCATION: 2750-2808 E. Cortez Street
WHEREAS, there was filed with this City. a verified application on forms
prescribed in Chapter 26, Article VI of the West Covina Municipal Code requesting the
approval of a tentative tract map, zone change, variance and tree removal permit for the
purposes of subdividing two existing single-family residential lots into a total of eleven
single-family residential lots on that property generally described as:
Assessor Parcel Nos. 8482-006-001 and 8482-006-002 as shown on the latest rolls
of the Los Angeles County Assessor; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the
15th day of. January 2002, conduct a duly advertised public hearing as prescribed by law
to consider said application; and
WHEREAS, the proposed project is considered a "project" pursuant to the terms
of the California Environmental Quality Act (CEQA); and
WHEREAS, an initial study was prepared for said project; and
WHEREAS, based upon the findings of the initial study, it was determined that the
proposed project will not have a significant on the environment and will not individually
or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2
of the California Fish and Game Code; and .
WHEREAS, a Negative Declaration of Environmental Impact was prepared for the
proposed project pursuant to the requirements of the California Environmental Quality
Act of 1970, as amended, and mitigation measures are included in said Negative
Declaration in support of the finding that there will not be a significant effect on the
environment as a result of this project.
NOW, THEREFORE, the Planning Commission of the City of West Covina does
hereby resolve as follows:
1 After receiving and considering all determinations, studies, documents, and
recommendations, as well as other appropriate public comments, the Planning
Commission of the City of West Covina hereby recommends to the City Council
that it certify the Negative Declaration of Environmental Impact subject to
compliance with the mitigation measures that are recommended in the Negative
Declaration of Environmental Impact as outlined below:
ZACase Files\TRACT MAP\2001\TTM 51600\Neg Dec Reso.doc
Resolution No. 02-4712
Negative Declaration
TT51600 / ZC 01-05 / VAR 01-08, TRP 14
.January 15, 2002 - Page 2
Environmental
Mitigation Measures
Monitoring
Monitoring
I. mpacts .
Dept./Agency
Methods
Water
Submit a grading and drainage plan to the Bldg./Eng. Dept. Pre -
City Engineer for review and approval. and Planning construction
Prior to approval of the grading plan, a Dept. plan check..
hydrological analysis of the site shall be
submitted to and approved by the City
Engineer demonstrating that the project
and the projected development of single-
family residences thereon will not result
in any net increase in the amount of
surface water runoff into the natural
drainage course along the southwesterly
boundary of the site.
As part of the final grading plan, provide
necessary drainage devices as required by
the Building and Engineering Department
to ensure protection of engineered slopes.
As a mitigation measure, a hydrological
analysis will be required to be submitted
to and approved by the City Engineer
demonstrating that there will be no net
increase in the amount of surface water
runoff directed into the natural drainage
course.
The project is required to implement the
Standard Urban' Stormwater. Mitigation
Plans (SUSWMPS) standards. These
standards require residential subdivisions
of more than 10 units to minimize
pollutant runoff and ensure that runoff
discharge does not exceed
predevelopment rates. The grading and
drainage design will be required to be
designed by a registered Civil Engineer
and reviewed by the City Engineer to
determine compliance with SUSWMPS.
Air/Noise
Throughout the grading and construction
Planning Dept.
Pre -
phase, soil shall be kept moist to reduce
Bldg./Eng. Dept.
construction
fugitive dust and otherwise comply with
plan check, on -
South Coast Air Quality Management
site inspections,
District Rule 403 (Fugitive Dust).
and citizen
During Santa Ana wind conditions with
input.
whid speeds exceeding 25 mph, soil
disturbance areas shall be watered hourly
or active operations on unpaved surfaces
ZACase Files\TRACT MAP\2001\TTM 51600\Neg Dec Reso.doc
0
Resolution No. 02-4712
Negative Declaration
TT51600 / ZC 01-05 / VAR 01-08, TRP 14
January 15, 2002 - Page 3
shall be terminated until the wind speeds
no longer exceed 25 mph.
All trucks hauling dirt to or from the site
shall have their loads wet down or
covered.
Energy and
Energy conservation measures that meet
Building and
Pre -
Mineral
Resources
the minimum requirements of Title 24 of
Engineering
construction
the California Code of Regulations, shall
Dept.
plan check.
be incorporated into any building
construction.
Biological
For all significant (minimum six-inch
Planning Dept.
Pre -
Resources
caliper) California Live Oak (Quercus
construction
agrifolia) trees to be preserved, the
plan check.
following measures shall be observed
during construction:
On -site
inspections.
a. Install six-foot high barricade
fencing at dripline of trees. Such
fencing is to be installed prior to any
grading or construction activities and
is to remain in good condition
throughout construction.
b. No trenching or grade changes shall
occur inside the dripline of protected
trees.
C. Keep all construction equipment and
materials outside the driplines of
protected trees.
d. No irrigation shall be permitted
within the driplines of protected
trees.
Within 90 days of the completion of
grading, a minimum of two 15-gallon
Quercus agrifolia trees and one 36-inch
box container size tree (species to be
approved by the Planning Director) shall
be planted for each significant Quercus
agrifolia tree removed. Similarly, a
minimum of two 15-gallon and one 24-
inch box container size trees (species to be
approved by the Planning Director) shall
be planted for all other significant trees
removed. A planting plan showing the
location and method of planting said trees
shall be submitted to the Planning
Department for review and approval to
provide a reasonable degree of screening
from surrounding residences.
Z:\Case Files\TRACT MAP\2001\TTM 51600\Neg Dec Reso.doc
Resolution No. 02-4712
Negative Declaration
TT51600 / ZC 01-05 / VAR 01-08, TRP 14
January 15, 2002 --Page 4
Trees shall not be removed until all
building permits have been cleared.
Noise
Grading and construction activity shall
Planning Dept./
On -site
comply with the City's grading and noise
Bldg. Eng.
inspections.
ordinances. Requirements include, but are
Dept./
not limited to, restricting excavation,
Code
Citizen input.
grading, and other construction activities
Enforcement
to the hours between 7:00 a.m. and 8:00
p.m. Also, all construction equipment,
stationary or mobile, shall be required to
have properly operating and maintained
mufflers.
Mechanical equipment to be installed on
the site shall be required to operate below
65 dB levels as measured from the nearest
property line.
Aesthetics
Submit a detailed landscaping and
Planning Dept.
Pre -
irrigation plan to the Planning Department
construction
for review and approval. Said plan shall
plan check.
include the type, size, and quantities of
plant materials to be utilized, which shall
On -site
be designed to provide a reasonable
inspections.
degree of screening from surrounding
residences. Landscaping and irrigation
plans shall be designed in compliance
with the water efficiency landscape
standards contained in the West Covina
Municipal Code.
2. Non-compliance with the aforementioned mitigation measures as by the
monitoring department/agency and any measures taken to correct said non-
compliance shall be immediately reported to the Planning Department on the City
of West Covina Monitoring Checklist Form (Attachment I); and
3. The applicant agrees to implement the aforementioned mitigation measures and
monitoring or reporting requirements; and
4. Failure to comply with any aforementioned mitigation measures and/or monitoring
or reporting requirements will result in a written notice of violation from the City
to the applicant at which time the City may order that all or a portion of pre -
construction, construction, post -construction activity or project implementation
must cease until compliance is reached; and
5. The California Environmental Quality Act (CEQA) and State and local guidelines,
rules, regulations, and procedures adopted pursuant thereto permits the City of
West Covina to impose any fees or charges associated with implementing the
above monitoring program upon the applicant; and
6. TIIC Secretary is instructed to iorNvard a copy of this Resolution to the applicant,
City Engineer, Building and Saioty Director, and City Council, respectively, for
their attention.
Z:\Case Files\TRACT MAP\2001\TTM 51600\Neg Dec Reso.doc
M
•
Resolution No. 02-47.12
Negative Declaration
TT51600 / ZC 0 1 -05 / VAR 01-08, TRP 14
January 15, 2002 - Page 5
I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning
Commission of the City of West Covina, at a regular meeting held on the 15th day of
January, 2002, by the following vote:
AYES: Warshaw, Lane, Scheuplein, York, Tarozzi
NOES:
ABSENT:
DATE: January 15, 2002
William J. Tarozz' irman
Planning Comn &si
Douglas McIsaac, Secretary
PlanniokCommission
Z:\Case Files\TRACT MAP\2001\TTM 51600\Neg Dec Reso.doc
• � Y
PLANNING COMMISSION
RESOLUTION NO.02-4713
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP NO.51600 (REVISED).
TENTATIVE TRACT MAP NO 51500 (REVISED)
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: Michael Fuerst
LOCATION: 2750-2808 E. Cortez Street
WHEREAS, there was filed with this Commission a verified application on the
forms prescribed by the Planning Commission, a request for approval of a tentative tract
map to subdivide two existing single-family residential lots into a total of eleven single-
family residential lots on that certain property generally described as:
Assessor Parcel Nos. 8482-006-001 and 8482-006-002 as shown on the latest rolls
of the Los Angeles County Tax Assessor; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the
15th day of January, 2002, conduct a duly advertised public hearing to consider the
subject application for a tentative tract map; and
WHEREAS, studies and investigations made by the Planning Commission and in
its behalf reveal the following facts:
The applicant is requesting approval of a tentative tract map to approve the
subdivision of two single-family residential lots into a total of eleven single-family
residential lots.
2. The tentative tract map is submitted in conjunction with a request for a zone
change to change the zoning of a 0.2 acre portion of the property from "R-A,"
Area District V to "R-1," Area District III, and a tree removal permit to allow the
removal of a number of mature trees on the site.
3. Approval of the proposed tentative tract map is contingent upon the approval of
the proposed zone change by the City Council.
4. The project meets or exceeds all pertinent development standards of the One -
Family Residential ("R-1 ") Zone, Area District III and the Residential -Agricultural
("R-A") Zone, Area District V.
5. The project is consistent with the General plan land use designation of "Suburban
Residential" (2.1 to 4.0 dwelling units per acre).
6. Approval of the requested tentative tract map will not be detrimental to adjacent
properties.
7. The project has been designed in a manner sensitive to surrounding land uses.
Z:\Case Files\TRACT MAP\2001\TTM 51600\TTM 51600 Reso.doc
Resolution No. 02-4713
Tentative Tract Map No. 51600 - Michael Fuerst
January 15, 2002 - Page 2
8. Findings necessary for approval of a tentative tract map are as follows:
a. That the proposed map is consistent with applicable general and specific
plans.
b. That the design or improvement of the proposed subdivision is consistent
with applicable general and specific plans.
C. That the site is suitable for the type of development.
d. That the site is physically suitable for the proposed density of development.
e. That the design of the subdivision or the proposed improvements are not
likely to cause substantial environmental damage or substantially and
avoidably injure fish, wildlife or their habitat.
f. That the design of the subdivision or the type of improvements are not
likely to cause serious public health problems.
g. That the design of the subdivision or the type of improvements will not
conflict with easements acquired by the public for access through or use of
property within the proposed subdivision.
9. An initial study prepared for the proposed project has disclosed that although the
project could have a significant effect on the environment, there will not be a
significant effect in this case because mitigation measures have been incorporated
into the project's design and as conditions of approval. A negative Declaration of
Environmental Impact has been prepared for the proposed project pursuant to the
requirements of the California Environmental Quality Act (CEQA) of 1970, as
amended.
NOW, THEREFORE, the Planning Commission of the City of West Covina does
resolve as follows:
1. On the basis of the evidence presented, both oral and documentary, the Planning
Commission makes the following findings:
a. The proposed eleven -lot subdivision is consistent with the West Covina
General Plan and the land use designation for the site of "Suburban
Residential" with a designated density range of 2.1 to 4.0 dwehing units
per acre. The creation of nine lots with a total net area of 4.83 acres
equates to a density of 2.3 dwelling units per acre.
b. All of the design aspects of the proposed subdivision, including lot sizes
and dimensions, street and utility improvements, and proposed grading
schemes are consistent with the standards and requirements of the West
Covina General Plan and Municipal Code.
C. The site is characterized by mildly sloping terrain with a small natural
drainage course traversing along the southwesterly boundary. Considerable
natural vegetation and a number of mature trees continue to exist on the
site. Even with these characteristics, the site is physically suitable for`low
density single-family residential development. The site is located within an
area of mature development wherein single-family homes have been
developed within a similar physical setting.
d. Even with the physical characteristics of the site identified above, the size,
configuration, and location of the proposed lots are such that they are
capable of accommodating single-family residential development without
undue impacts. Development will not be permitted to occur within the
vicinity of the natural. drainage course traversing along the southwesterly
boundary of the site; and conditions will be placed on the subdivision to
ZACase Files\TRACT MAP120011TTM 516001TTM 51600 Reso.doc
Resolution No. 02-4713 •
Tentative Tract Map No. 51600 - Michael Fuerst _
January 15, 2002 - Page 3
minimize grading, require landscaped screening for new homes, and
requiring approval for the removing of "significant" trees.
e. While the site currently supports several acres of natural open space, it is
entirely surrounded by areas of mature development and does not
constitute part of a larger natural habitat area. While the development will
result in the loss of some natural open space, there are no known
endangered, threatened, or rare species that exist on the site. Furthermore,
the project has been designed to leave portions of the proposed lots in an
unaltered and ungraded state, with new homes proposed to be constructed
to conform to the natural terrain. The natural drainage course on the site
will be left undisturbed.
f. The size and design of the proposed lots, and the type and design ' of
proposed improvements (including sanitary sewer and other utility
improvements) are consistent with all city standards and requirements, and
are typical of single-family residential development within the area. The
design of the subdivision or the type of improvements are therefore not
anticipated to cause serious public health problems.
g. The proposed subdivision does not conflict with any easements acquired by
the public. The proposed lots are provided access from existing or
proposed public streets and thus do not require access easements. The
subdivision will not interfere with minor utility and flood control
easements that exist on the site.
2. That pursuant to all of the evidence presented, both oral and documentary, and
further based on the findings above, Tentative Tract Map No. 51600 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.
3. That the tentative tract map 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.
That the approval of the tentative tract map is subject to the following conditions:
a. Approval of this tentative tract map is contingent upon the approval of Zone
Change No. 01-05 and certification of the Negative Declaration of
Environmental Impact by the City Council.
b. Comply with Tentative Tract Map No. 51600, dated January 15, 2002.
C. Future construction shall comply with all requirements of the "Single -Family
Residential ("R-1") Zone, Area District III for Lots 1-8 and Lots 10-11 and
the Residential -Agricultural ("R-A") Zone, Area District V for Lot 9, and all
other applicable standards of the West Covina Municipal Code.
d. All utilities shall be installed underground.
e. The approved use shall not create a public nuisance as defined under Section
15-200 of the West Covina Municipal Code.
ZACase Files\TRACT MAP\2001\TTM 51600\TTM 51600 Reso.doc
Resolution No. 02-4713
Tentative Tract Map No. 51600 - Michael Fuersi
January 15, 2002 - Page 4
f. In conjunction with the recordation of the tract map, deed restrictions shall be
recorded for Lots 1-8 requiring that fine grading plans for development of
said lots be reviewed and approved by the Planning Department and the
Public Works Department, and that said plans shall be designed to conform to
the natural topography of the lot to the extent practicable.
g. In conjunction with the recordation of the tract map, deed restrictions'shall be
recorded for Lots 1-8 and Lots 10-11 stating that the removal and pruning of
trees, particularly in conjunction with the development of new homes on the
lots, are subject to the regulations and requirements of Sections 26-288
through 26-295 of the West Covina Municipal Code (Preservation, Protection
and Removal of Trees).
h. In conjunction with the recordation of the tract map, a covenant shall be
recorded for Lots 8 and 9 requiring that the two lots be held together as one
under the same ownership until such time as any and all structural
improvements constructed across the lot line . dividing the two lots are
removed. Said deed restrictions may only be removed with the written
consent of the City Engineer verifying that said structural improvements have
been satisfactorily removed.
In conjunction with the recordation of the tract map, deed restrictions shall be
recorded for Lots 1, 3, 4, 5 and 6 stating that no structures shall be permitted
to be constructed within 15 feet of the flowline of the natural drainage course
on said lots.
j. Prior to the recordation of the tract map, the applicant shall draft a
Prospective Homebuyer's awareness Package (PHAP) and submit it for
review and approval by the Planning Director in conformance with Section
20-32 of the West Covina Municipal Code.
k.. Prior to recordation of the tract map, any Covenants, Conditions, and
restrictions (CC & R's) proposed to be recorded shall be submitted to the
Planning Director for review.
1. The applicant shall meet any and all monitoring or reporting requirements
necessary to ensure compliance with the mitigation measures contained in the
Negative Declaration of Environmental Impact as those may be determined
by the City, including, but not limited to, entering into an agreement to
perform and/or for monitoring and reporting during project construction and
implementation. The applicant further agrees it will cease construction of the
project immediately upon written notice of a violation of such requirement
and that such a provision may be part of any agreement of City and applicant.
M. Prior to issuance of building permits the applicant shall provide a means of
visual screening to the property owner at 2739 E. Cortez Street to mitigate
light and glare impacts caused by the proposed street. A letter from the
applicant describing the resolution of the offer shall be provided prior to the
recordation of the Tract Map describing the results of the offer.
n. Prior to issuance of building permits for any new residences, plans and
elevations shall be submitted for architectural review and approval by the
Planning Director. Approval of said plans shall be based on findings
included in Municipal Code Section 26-401.5. Plans for the new residences
shall only include a partial second story. Residential designs proposed with a
large or full second story shall require architectural review by the Planning
Commission.
o. Comply with the mitigation measures as outlined in the Initial
Study/Environmental Assessment dated December 27, 2001 as follows:
ZACase Files\TRACT MAP\2001\TTM 51600\TTM 51600 Reso.doc
Resolution No. 02-4713 M
Tentative Tract Map No. 51600 - Michael Fuerst
January 15, 2002 - Pape 5
i. Prior to approval of the grading plan, a hydrological analysis of the
site shall be submitted to and approved by the City Engineer
demonstrating that the project and the projected development of
single-family residences thereon will not result in any net increase
in the amount of surface water runoff into the natural drainage
course along the southwesterly boundary of the site.
ii. Prior to approval of the grading plan, a detailed landscaping and
irrigation plan for the manufactured slope areas shall be submitted
to the Planning Department for review and approval. Said plan
shall specify the type, size, and quantities of plant materials to be
utilized. Landscaping and irrigation plans shall be designed in
compliance with the water efficiency landscape standards contained
in the West Covina Municipal Code.
As part of the final grading plan, provide necessary drainage
devices as required by the Building and Engineering Department to
ensure protection of engineered slopes.
iv. Throughout the grading and construction phase, soil shall be kept
moist to reduce fugitive dust.
V. All trucks hauling dirt to or from the site shall have their loads wet
down or covered.
vi. During Santa Ana wind conditions with wind speeds exceeding 25
mph, soil disturbance areas shall be watered hourly or active
operations on unpaved surfaces shall, be terminated until the wind
speeds no longer exceed 25 mph.
vii. Energy conservation measures that meet the minimum requirements
of Title 24 of the California Code of Regulations, shall be
incorporated into any building construction.
viii. Grading and construction activity shall comply with the City's
grading and noise ordinances. Requirements include, but are not
limited to, restricting excavation, grading, and other construction
activities to the hours between 7:00 a.m. and 8:00 p.m.: Also, all
construction equipment, stationary or mobile, shall be required to
have properly operating and maintained mufflers.
ix. Mechanical equipment to be installed on the site shall be required to
operate below 65 dB levels as measured from the nearest property
line.
X. For all significant (minimum six-inch caliper) California Live Oak
(Quercus agrifolia) trees to be preserved, the following measures
shall be observed during construction.
(a) Install six-foot high barricade fencing at dripline of trees.
Such fencing is to be installed prior to any grading or
construction activities and is to remain in good condition
throughout construction.
(b) No trenching or grade changes shall occur inside the
dripline of protected trees.
(c) Keep all construction equipment and materials outside the
driplines of protected trees.
ZACase Files\TRACT MAP\2001\TTM 51600\TTM 51600 Reso.doc
Resolution No. 02-4713 •
Tentative Tract Map No. 5�00 - Michael Fuerst
January 15, 2002 - Page 6
(d) No irrigation shall be permitted within the driplines of
protected trees.
xi. Within 90 days of the completion of grading, a minimum of two
24-inch box container size Quercus agrifolia trees shall be planted
for each significant Quercus agrifolia tree removed. Similarly, a
minimum of two 24-inch box container size trees (species to be
approved by Planning Director) shall be planted for all other
significant trees removed. A planting plan showing the location
and method of planting said trees shall be submitted to the Planning
Department for review and approval to provide a reasonable degree
of screening from surrounding residences.
xii. No Significant Trees shall be removed from any of the lots until
building permits have been issued. Of the sixteen significant trees,
five shall be allowed to be removed in connection with the
construction of the street. The remaining eleven shall remain in place
until a building permit is issued for the construction of a single-family
house on the respective property.
xiii. Prior to the issuance of building permits for the construction of new
single-family residences, landscaping and irrigation plans shall be
submitted to the Planning Department for review and approval.
Said plans shall specify the type, size, and location of landscaping
materials to be utilized, which shall be designed to provide a
reasonable degree of screening from surrounding residences.
Landscaping and irrigation plans shall be designed in compliance
with the water efficiency landscape standards contained in the West
Covina Municipal Code.
n. Building and Engineering Department requirements:
Comply with all conditions contained in Planning Commission
Resolution No. 567.
ii. Sanitary sewers shall be provided to each lot in compliance with
Municipal Code Chapter 23, Article 2, and to the satisfaction of the
City Engineer.
iii. The required street improvements shall include portions .of Cortez
Street and the new street contiguous to the subject property.
iv. The required street dedication shall include those portions of the new
street contiguous to the subject property.
V. The access rights to Lots 2 and 11 from Cortez Street shall be
dedicated to the City.
vi. Four -foot wide sidewalks shall be constructed along the new street
adjacent to the curb.
vii. Adequate provision shall be made for acceptance and disposal. of
surface drainage entering the property from adjacent areas.
viii. Water service facilities shall be constructed to at least meet the
requirements for fire flow established by the City's Fire Department
and the requirements of the subsequent water purveyor/owner of the
facilities.
ix. Five-foot wide easements contiguous to the street right-of-way shall
be granted for utility, street lighting, and traffic signing purposes.
Z:\Case Files\TRACT MAP\2001\TTM 51600\TTM 51600 Reso.doc
Resolution No. 02-4713
Tentative Tract Map No. 51600 - Michael Fuerst -
January 15, 2002 - Page 7
X. Prior to approval of the final map, all of the following requirements
shall be satisfied:
(a) A rough grading shall be submitted for review and approval
by the Planning Department and the Building and Engineering
Department in substantial conformance with' the grading
scheme depicted on Tentative Tract Map No. 51600. Rough
grading and street improvements in conformance with said
plan shall be completed to the satisfaction of the Building and
Engineering department prior to approval of the final map.
This condition may be fulfilled by agreement, easements, and
security to the satisfaction of the City Engineer and the City
Attorney.
(b) A final grading plan showing existing and proposed elevations
and drainage structures (and showing existing and proposed
on -site and off -site improvements) shall be submitted to and
approved by the Planning Department and the Building and
Engineering Department.
(c) Arrangements for the installation of street lights with
underground wiring shall be made with Southern California
Edison Company. At the time of installation, the applicant
shall provide the necessary trenching and backfill. Submit
two sets of the subdivision and/or development plan to the
Building and Engineering Department, Traffic and Lighting
Section, to be used for designing the street lighting system.
(d) An itemized cost estimate for all on -site and off -site
improvements to be constructed '(escaped buildings) shall be
submitted to the Building and Engineering Department for
approval. Based upon the approved cost estimates, required
fees shall be paid and improvement securities for all on -site
and off -site improvements (except buildings) and 100 percent
labor/material securities for all off -site improvements shall be
posted prior to final approval of the plans.
xi. The proposed subdivision shall conform to .West Covina Municipal
Code Section 20 — Subdivisions.
xii. Compliance with the State of California Accessibility regulations is
required, including:
(a). Sidewalks and curb cuts shall be accessible.
xiii. Any building or structure over a property line or within 3 feet shall be
demolished or modified to comply with the building code prior to the
final map. The pool across a property line shall be demolished or an
easement recorded prior to the final tract map.
xiv. Provide. a detailed Standard Urban Stormwater Mitigation Plan
(SUSMP) to incorporate any best management practices to prevent
pollution, trash, litter etc. from entering any storm drain, channel or
waterway. This plan must be approved prior to the public hearing and
will become one of the Conditions of Approval. Covered
discretionary projects include:
(a). 10+ home subdivision
xv. SUSMP provisions applicable to all covered projects
(a). May not increase post -construction runoff where downstream
erosion may occur.
ZACase Files\TRACT MAP\2001\TTM 51600\TTM 51600 Reso.doc
Resolution No. 02-4713
Tentative Tract Map No. 51600 - Michael Fuerst
" January 15, 2002 - Page 8
(b). Conserve Natural areas.
(c). Minimize pollutants of concern.
(d). Protect slopes and channels
(e). Provide storm drain stenciling and signage
(f). Properly design storage and trash areas
(g). Provide ongoing maintenance of all BMP's
(h). Infiltrate or treat the volume of a 0.75-inch storm event prior
to any discharge to the storm drain system.
xvi. All new on -site utility service lines shall be placed underground. All
relocated on -site utility service lines shall be underground when the
cost or square footage of an addition or alteration exceeds 50% of the
existing value area. WCMC 23-273.
xvii. Submit a hydrological study indicating that there will be no net
increase in runoff into the drainage course on the western portion of
the property.
o. Fire Department Requirements: .
i. Provide a minimum of four steamer fire hydrants (2-1/2" x 4" outlets) -
James Jones model 3700 or approved equal at locations shown on
plans.
ii. Water system supplying hydrants shall be looped and a minimum of
eight inches in size. The hydrants shall flow a minimum of 1,000 gpm
actual flow.
iii. Maximum 300-foot spacing between hydrants.
iv. Fire hydrants on plan to be flushed and painted by contractor or
developer before Fire Department acceptance.
V. Both hydrant outlet openings shall form a 45° angle with curb face.
vi. Center of hydrant head outlet openings to be 18" - 36" above finish
grade.
vii. On -site water serviceable hydrants to be provided by developer before
framing started. Hydrants to be provided as development progresses
supplied with water.
viii. Provide a minimum 1500 gpm fire flow to the site. Fire flow shall be
verified by a letter from the water company.
ix. Recommend steamer hydrants on main artery street corners where
commercial developments go in. This is to avoid blocking main
streets.
X. Water mains and hydrants to be installed as per City of West Covina
Water Department Standards or AWWA Standards. See C600,
"AWWA Standards for Installation of Cast Iron Water Mains", and
AWWA Manual M17, "Installation, Operation and Maintenance of
Fire Hydrants," and AWWA C503-75 "Wet Barrel Fire Hydrants."
xi. Provide minimum 20-foot access drives
xii. Provide 35-foot turning radius for pumper.
xiii. Two separate means of ingress and egress for development per
approval of the Fire Department.
J
ZACase Files\TRACT MAP\2001\TTM 51600\TTM 51600 Reso.doc
Resolution No. 02-4713 _
Tentative Tract Map No. 51600 - Michael Fuerst
January 15, 2002 - Page 9
xiv. Interior drives shall provide circulation around complex and vehicle
access within 150 feet of any building or portion thereof.
xv. Specifications for cul-de-sacs shall be per. Building and Engineering
Department requirements.
xvi. On hillside developments, a sprinkler system with manual override
shall be provided on all slopes over 15 feet in height.
xx. Show locations of all existing fire hydrants on plan.
xxi. This development shall conform with all applicable Municipal
regulations, Fire, Building, Mechanical, Electrical, Plumbing codes
and recognized, approved, standards of installation.
xxii. Submit a site plan for review and approval. The site plan shall show
fire apparatus access roads with an unobstructed width of not less than
20 feet, and a turning radius of 40 feet at end of cul-de-sac. Fire
Department access roads shall be designed and maintained to support
the imposed loads of fire apparatus and shall be provided with a
surface so as to provide all-weather driving capabilities. An all-
weather driving surface must be installed before start of combustible
framing. NFPA 1901, UFC 902 and West Covina Engineering
Standards.
xxiii. New public and/or on -site fire hydrants be be required. The
maximum spacing for fire hydrants s 300 feet. Show location of fire
hydrant locations within 300 feet of the tract on the construction
plans. In addition, when any portion of a structure is in excess of 150
feet from a water supply on a public street, as measured by an
approved route around the exterior of the structure from face of curb,
on -site fire hydrants shall be in accordance with UFC, Section
103.1.2) Water mains supplying fire hydrants shall be in accordance
with West Covina Engineering standards and each hydrant must be
capable of supplying a minimum of 1000 gpm. Current fire flow
information must be verified by a letter form the water company.
UFC, Section 103.1.2
xxiv. Premise identification numbers shall be placed in each building in
such a manner as to be plainly visible and legible from the street. The
numbers shall contrast with the background of the building and the
lettering shall be 3" in height.
xxv. Smoke detection shall be installed in conformance with UBC, Section
310.9 Smoke detection shall be interconnected to sound an alarm that
may be heard in all sleeping areas in the dwelling unit where they are
located.
p. Police Department Requirements:
None.
Z:\Case Files\TRACT MAP\2001\TTM 51600\TTM 51600 Reso.doc
Resolution No. 02-4713 •
Tentative Tract Map No. 51600 - Michael Fuerst
January 15, 2002 - Page 10
6. The Secretary is instructed to forward a copy of this Resolution to the applicant,
City Engineer, Fire Marshal, and City Council, respectively, for their attention.
I HEREBY CERTIFY that the foregoing Resolution was adopted by the Planning
Commission of the City of West Covina at a regular meeting held on the 15`h day of
January, 2002, by the following vote:
AYES: Warshaw, Lane, Scheuplein, York, Tarozzi
NOES:
ABSENT:
DATE: January 15, 2002
EXPIRATION DATE: January 15, 2004
4 — - Z4
William J. Taroz ', C ai
Planning Cvm ss' n
K. McIsaac, Secretary
Commission
Z:1Case Files\TRACT MAP120011TTM 516001TTM 51600 Reso.doc
•
•
PLANNING COMMISSION
RESOLUTION NO.024714
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING VARIANCE NO. 01-08, FOR THE REDUCTION
IN LOT DEPTH FOR ONE LOT AND THE REDUCTION OF THE LOT WIDTH FOR
TWO OTHER LOTS, IN ORDER TO ACCOMMODATE A TENTATIVE TRACT MAP
SUBDIVISION OF ELEVEN PARCELS AT 2750 & 2808 CORTEZ STREET
VARIANCE NO.01-08
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT:
Michael Fuerst
LOCATION: 2750 & 2808 Cortez Street
WHEREAS, there was filed with this Commission a verified application on the forms
prescribed in Chapter 26, Article VI of the West Covina Municipal Code, requesting approval of a
variance on that certain property generally described as follows:
Assessor's Parcel No. 8482-006-001 and 8482-006-002, in the records of the Los
Angeles County Assessor; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 151h day
of January 2002 conduct duly advertised public hearings as prescribed by law; and
WHEREAS, studies and investigations made by this Commission and in its behalf reveal
the following facts:
1. The applicant is requesting approval of a.variance for the reduction in lot depth for one lot
and the reduction of the lot width for two other lots, in order to accommodate a tentative
tract map subdivision of eleven parcels at 2750 & 2808 Cortez Street as follows:
Lot
Proposed .
Required
Proposed
Required
Proposed
Required
Area (sq.
Area (sq.
Lot
Lot
Lot
Lot
Depth
Depth
Width
Width
(ft.)
(ft.)
(ft.)
(ft.)
1
15,904
14,400
109*
125
140
90
3
17,188
14,4 00
203
125
87*
90
6
14,467
14,400
178
125
81 *
90
2. The applicant is also requesting approval of a tentative tract map, zone change, and
variance.
3. Appropriate findings for approval of a variance are as follows:
a. That -there are exceptional or extraordinary circumstances not applicable generally to
the other property or class of use in the same vicinity and zone.
b. That such variance is necessary for the preservation and enjoyment of a'substantial
property right possessed by other property in the same vicinity and zone but which is
denied to the property in question.
C. That granting such variance will not be materially detrimental to the public welfare
or injurious to property or improvements in such vicinity and zone in which property
is located.
d. That granting such variance shall be consistent with the adopted General Plan and
any applicable Specific Plans.
ZACase Files\VARIANCE\2001\Var 01-08\Var 01-08 Reso.doc
Planning Commission Resolu*No. 02-4714
Variance No. 01-08
" 2750 & 2808 Cortez Street
January 15, 2002 - Page 2 of 4
4. An initial study prepared for the proposed project has disclosed that although the proposed
project could have a significant effect on the environment, there will not be a significant
effect in this case because mitigation measures have been incorporated into the project's
design and as conditions of approval. A Negative Declaration of Environmental Impact has
been prepared for the proposed project pursuant to the requirements of the California
Environmental Quality Act (CEQA) of 1970, as amended.
NOW, THEREFORE, the Planning Commission of the City of West Covina does resolve as
follows:
1. On basis of evidence presented, both oral and documentary, the Planning Commission
makes the following findings:
a. There are exceptional circumstances that apply to the subject property that do not
apply to all other properties in the vicinity and zone in that the property once divided
will require the construction of a new cul-de-sac to provide access to Lots 2, 3, 4, 5,
6, 7, 8 and 10. The subject lots are in compliance with the required lot area, but due
to their unique shape, the required lot depth is not met for Lot 1 and lot width is not
met for Lots 3 and 6.
b. The variance is necessary to provide the lot width for Lot 1 and the lot depth for lots
3 and 6. All three lots are in compliance with other zoning standards and two of the
lots exceed the required lot area by over one thousand square feet. The subject lots
are unique in shape as compared to surrounding properties.
C. The granting of a variance to allow for a reduction in lot depth for Lot 1 and lot
width for Lots 3 and 6 will not be materially detrimental to the public welfare or
injurious to the property or improvements in such vicinity and zone in that other
residential properties within the vicinity have been developed. The granting of a
variance to allow for a reduction in lot depth for Lot 1 and lot width for Lots 3 and 6
will not be materially detrimental to the public welfare or injurious to the property or
improvements in such vicinity and zone in that the lots will be conditioned to be
subdivided to allow contour grading and require additional landscaping.
d. The existing General Plan land use designation for the site is "Suburban
Residential," with a density range of 2.1 to 4.0 dwelling units per acre. With the lots
meeting the required lot size and a slight reduction in the required width and depth
the proposed variance is therefore consistent with the General Plan land use
designation for the area.
2. That pursuant to all evidence presented, both oral and documentary, and further based on the
findings above, Variance No. 01-08 is approved subject to provisions of the West Covina
Municipal Code, provided physical development of the herein described property shall
conform to said plan and 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 use or occupancy of the property is
commenced and before the Certificate of Occupancy is issued, and violation of any of which
shall be grounds for revocation of said variance by the Planning Commission or City
Council.
3. That the variance 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
Department his affidavit stating he is aware of, and accepts, all conditions of this variance
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
processing this application pursuant to City Council Resolution No. 8690.
4. Costs and expenses of enforcement activities, including, but not limited to attorneys'
fees, caused by applicant violation of any condition imposed by this approval or any
provision of the West Covina Municipal Code shall be paid by applicant.
Z:\Case Fi1es\VARIANCE\2001\Var 01-08\Var 01-08 Reso.doc
Planning Commission Resolu*No. 02-4714 +
•
Variance No. 01-08 -
2750 & 2808 Cortez Street
January 15, 2002 - Page 3 of 4
5. That pursuant to all evidence presented, both oral and documentary, and further based on the
findings above, Variance No. 01-08 for a reduction in lot depth and lot width of the above
mentioned lots is approved subject to the following conditions:
a. Comply with the plans dated January 15, 2002.
b. Comply with all other requirements of the "Residential -Agricultural " (R-A) and
"Single -Family Residential" (R-1) Zone.
C. This approval is effective for a period of one (1) year. All applicable building
permits must be obtained within one (1) year of project approval. -
d. Approval of this variance is contingent upon the approval of Zone Change No. 01-
05, and Tentative.Tract Map No. 51600 (revised) and certification of the Negative
Declaration of Environmental Impact by the City Council.
6. The Secretary is instructed to forward a copy of this Resolution to the applicant, City
Engineer and City Council for their attention.
I HEREBY CERTIFY foregoing Resolution was adopted by the Planning Commission of the City
of West Covina, at a regular meeting held on the 15`h day of January 2002, by the following vote:
AYES: Warshaw, Lane, York, Scheuplein, Tarozzi
NOES:
ABSENT:
DATE: January 15, 2002
EXPIRATION DATE:
January 15, 2003 if not used.
William J.
Planning (
q. McIsaac, Secretary
Commission
Z:\Case Fi1es\VARIANCE\2001\Var 01-08\Var 01-08 Reso.doc
PLANNING COMMISSION
RESOLUTION NO.02-4715
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROVING TREE
REMOVAL PERMIT NO. 14.
TREE REMOVAL PERMIT NO. 14
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: Michael Fuerst
LOCATION: 2750-2808 E. Cortez Street
WHEREAS, there was filed with this Commission a verified application on the
forms prescribed by the Planning Commission, requesting approval of a tree removal
permit on that certain property generally described as:
Assessor Parcel No. 8482-006-001 and 8482-006-002 as shown on the latest rolls
of the Los Angeles County Tax Assessor; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the
15th day of January, 2002, conduct a duly advertised public hearing to consider said
application; and
WHEREAS, studies and investigations made by the Planning Commission and in
its behalf reveal the following facts:
The applicant is requesting approval of a tree removal permit to remove thirteen
trees that deemed "significant trees" pursuant to the City's Tree Preservation and
Protection Ordinance in conjunction with the development of a nine -lot single-
family residential subdivision (Tentative Tract No. 51600). More specifically, the
species and size of the significant trees requested to be removed are:
FTree
Survey #
7
Location
Lot 1
Common Name
Calif. Live Oak
Botanical Name
Quercus agifolia
Height
60'
Caliper
• 29"
51
Street R-O-W
Calif. Live Oak
Quercus agrifolia
20'
8"
55
Lot 8
Calif. Life Oak
Quercus agrifolia
35'
9"
66
Street R-O-W
Calif. Live Oak
Quercus agrifolia
50'
34"
68
Street R-O-W
Evergreen Ash
Fraxinus udehi
45'
27"
72
Lot 11
Evergreen Ash
Fraxinus udehi
45'
34"
85
Lot 11
Calif. Live Oak
Quercus agrifolia
30'
8"
90
Lot 11
Calif. Live Oak
Quercus agrifolia
25'
8"
103
Lot 11
Evergreen Ash
Fraxinus udehi
30'
22"
1 66
Lot 11
Evergreen Ash
Fraxinus udehi
50'
14"
__T3_2
Street R-O-W
Calif. Live Oak
Quercus agrifolia
17'
14"
1130
Street R-O-W
Calif. Live Oak
Quercus agrifolia
45'
27"
135
Lot 7
Calif. Live Oak
Quercus agrifolia
50,
23"
189
Lot 4
Calif. Live Oak
Quercus agrifolia
25'
7"
191
Lot 4
Calif. Live Oak
Quercus agrifolia
35'
7"
194
Lot 3
Calif. Live Oak
Quercus agrifolia
18'
6"
2. The applicant is also requesting approval of a tentative tract map, zone change, and
variance.
ZACase Files\TRACT MAPM017TM 51600\TRP Reso.doc
Resolution No. 02-4715 +
Tree Removal Permit No. 14 - Michael Fuerst
January 15, 2002- Page 2
3. Approval of a tree removal permit is based on evaluation of the following criteria:
a. The condition of the tree(s) with respect to disease, damage, danger of
collapse of all or any portion of the tree(s), proximity to an existing or
proposed primary structure, and interference with utility services, age or
remaining life span and whether or not the tree acts as a host for a plant
which is parasitic to other species of trees which are in danger of being
infested.
b. The number, species, size, and location of existing trees in the area and the
effect of the requested action in terms of providing shade, protection from
wind, air pollution reduction, historic value and scenic beauty upon the
health, safety, aesthetics, and general welfare of the area or neighborhood.
C. Whether or not the removal of the tree(s) is necessary to construct required
improvements within the public street right-of-way or within a flood
control or utility right-of-way.
d. Whether or not the tree(s) could be preserved by pruning and proper
maintenance or relocation rather than removal.
e. The necessity to remove the tree(s) in order to construct improvements
which would allow economic enjoyment of the property.
f. Whether or not such tree(s) constitutes a significant natural resource of the
City, or is designated as a heritage tree.
4. . An initial study prepared for the proposed project has disclosed that although the
proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because mitigation measures have been
incorporated into the project's design and as conditions of approval. A Negative
Declaration of Environmental Impact has been prepared for the proposed project
pursuant to the requirements of the California Environmental Quality Act (CEQA)
of 1970, as amended.
NOW, THEREFORE, the Planning Commission of the City of West Covina does
hereby resolve as follows:
1. On the basis of the evidence presented, both oral and documentary, the Planning
Commission makes the following findings:
a. The removal of sixteen "significant" trees is necessary in order for site to be
subdivided, including the construction of.a new street, and to allow for the
future construction of new single-family homes on the subdivided lots.
b. The large overall number of trees on the site make it extremely difficult to
subdivide. and develop the site without the removal of at least some
"significant" trees from the site.
C. Efforts have been made to minimize the number of "significant" trees needed
to be removed, including avoiding development within the most concentrated
areas of tree growth on the site.
d. The loss of "significant" trees on the site will be mitigated by the planting of
new trees at a ratio of 2:1. -
2. That pursuant to all of the evidence presented both oral and documentary, and further
based on the findings above, Tree Removal Permit No. 14 is approved subject to the
provisions of the West Covina Municipal Code.
ZACase Files\TRACT MAP\2001\TTM 51600\TRP Reso.doc
�r
Resolution No. 02-4715
Tree Removal Permit No. 14 - Michael Fuerst
January 15, 2002- Page 3
3. That the tree removal 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 tree removal 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 the tree removal permit is subject to the following conditions:
a. For all significant (minimum six-inch caliper) California Live Oak
(Quercus agrifolia) trees to be preserved, the following measures shall be
observed during construction.
(1) Install six-foot high barricade fencing at dripline of trees. Such
fencing is to be installed prior to any grading or constriction
activities and is to remain in good condition throughout
construction.
(2) No trenching or grade changes shall occur inside the dripline of
protected trees.
(3) Keep all construction equipment and materials outside the driplines
of protected trees.
(4) No irrigation shall be permitted within the driplines of protected
trees.
b. Within 90 days of the completion of grading, a minimum of two 24-inch box
container size Quercus agrifolia trees shall be planted for each significant
Quercus agrifolia tree removed. Similarly, a minimum of two 24-inch box
container size trees (species to be approved by Planning Director) shall be
planted for all other significant trees removed. A planting plan showing the
location and method of planting said trees shall be submitted to the Planning
Department for review and approval to provide a reasonable degree of
screening from surrounding residences.
C. Comply with all applicable standards and requirements of Division 8, Article
VI, Chapter 26 of the West Covina Municipal Code (Preservation, Protection
and Removal of Trees).
d. No' Significant Trees shall be removed from any of the lots until building
permits have been issued. Of the sixteen significant trees, five shall be
allowed to removed in connection with the construction of the street. The
remaining eleven shall remain in place until a building permit is issued for the
construction of a single family house on the respective property.
6. The Secretary shall be instructed to forward a copy of this resolution to the applicant,
City Engineer, and City Council, respectively, for their attention.
Z:\Case Files\TRACT MAP\2001\TTM 51600\TRP Reso.doc
Resolution No. 02-4715 .�
Tree Removal Permit No. 14 - Michael Fuerst
January 15, 2002- Page 4
I HEREBY CERTIFY that the foregoing Resolution was adopted by the Planning
Commission of the City of West Covina at a regular meeting held on the 15"' day of
January, 2002, by the following vote:
AYES: Scheuplein, Warshaw, Lane, York, Tarozzi
NOES:
ABSENT:
DATE: January 15, 2002
QAJ4&M
William J. Tar7,101
'
Planning Com
i3ougla . McIsaac, Secretary
Pl g Commission
Z:\Case Files\TRACT MAP\2001\TTM 51600\TRP Reso.doc
tapace ueww rur use ur L.uunty 11-ierK uruyi
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SAN GABRIEL VALLEY TRIBUNE
affiliated with
SGV Newspaper Group
1210 N. Azusa Canyon Road
West Covina, CA 91790
STATE OF CALIFORNIA
County of Los Angeles
iE
H
FEB 0 4 2002
CITY CLERK'S OFFICE
CITY OF WEST M/W"
PROOF OF PUBLICATION
(2015.5 C.C.P.)
I am a citizen of the United States, and a resident
of the county aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal clerk of
the printer of SAN GABRIEL VALLEY TRIBUNE, a
newspaper'of general circulation which has been
adjudicated as a newspaper of general circulation
by the Superior Court of the County of Los
Angeles, State of California, on the date of
September 10, 1957, Case Number 684891. The
notice, of which the annexed is a true printed copy,
has been published in each regular and entire issue
of said newspaper and not in any supplement
thereof on the following dates, to wit:
1/25/02
I declare under penalty of perjury that the
foregoing is true and correct.
Executed at West Covina, LA Co. California
this 25 day of JANUARY , 20 02
signature
25
Proof of
NOTICE.OF PUBLIC HEARING
CITY OF WEST COVINA ,FGITY
COUNCIL.-
PURSUANT TO THE.. LAW - Dt"IN
CONFORMANCE WITH. :,.,THE
MUNICIPAL CODE YOU ARE HEREBY
NOTIFIED. OF A. PUBLIC HEARING'OF
THE CITY OF WEST COVINA CITY
;COUNCIL.
ZONE CHANGE NO -01-05
.NEGATIVE 'DECLARATION; „,,,OF
ENVIRONMENTAL IMPACT,:;,Y.:::;,`.;t;`•
F
APPLICANT
,,.,,...-; Michael,F,gerst
-
LOCATION
2750-2808 E Cortez
r �
REQUEST;-,
r".:
The protect consists of'a`request
to change a 0.2 portion.of c' r
property from 'Residential -
'Agricultural" (R-A) Zone, Area
District V to "Single -Family s
Residential• (R-1) Zone, Area
a '� "accomm date. a tentative tract
subd(vision proposal and a
"; request. to approve the, negative
`ieclaration of environmental
impact for the proposal �a
Pursuant to the California Environmental
.Quality `Act (CEQA) of 1970,.. a
NEGATIVE '' DECLARATION
prepared Indicating that the prolect will
not have a. significant effect . on the
environment. A, copy of the Negative
Declaration of* Environmental Impact is
on file in the. Planning Department. and
Regional Library `:for examination.
-Members `of the public are; invited to
make written statements regarding said
report prior to the public hearing and to
make verbal presentations at . the public
hearing. The public review period for -the
Negative Declaration will run from
December 26, 2001 through January 15,
2002.
If You wish to cholienge the action(s)
taken on the request(s), You may be
limited to raising only those issues, which
you (or someone else) raised orally at
this public hearing or in � written
correspondence received,bY the:_CitY:ot or
before the hearing -
PUBLIC HEARING WILL BE HELD:
PLACE:' . West Covina City Halt
'.-1444. West Garvey;'Avenue,
South ..
City Council Chambers
Level One
DATE February 512002
TIME'* '7:00 P.M.
If you haveany `'questions, we urge You to
contact Sylvia Hernandez, at (626) 814-8422
or Room 208, at City Hall.
Only through citizen participation : can
Your government build a better. City.
Publish: January 25, 2002.
San Gabriel Malley Tribune AD #52672
W109SS aasel
0
slagel ssaippV @Au3Av Is
28 8480-015-019
KAVANAUGH JOHN J & RUTH M
2639 E CORTEZ ST
WEST COVINA CA 91791-2907
31 8480-015-008
RODRIGUEZ JESSE
2719 E CORTEZ ST
WEST COVINA CA 91791-2909
34 8480-015-025
DOSSE:Y VAN L & MARY L
2739 E CORTEZ ST
WEST COVINA CA 91791-2909
37 8480-015-029
BALOG BETTY & BETTY F
2815 E CORTEZ ST
WEST COVINA CA 91791-2910
39 8480-015-031
DOYEL DENNIS M & ROBIN J
2833 E CORTEZ ST
WEST COVINA CA 91791-2910
42 8480-015-042
SZU MEI TAO
2816 E ROSEMARY DR
WEST COVINA CA 91791-2231
45 8480-015-022
EBINER ROBERT M & PAULA H
2734 E SUNSET HILL DR
WEST COVINA CA 91791-2233'
LAND DEVELOPMENT CONSULTANTS
JEFF
1050 N TUSTIN AVE
ANAHEIM CA 92807
LAND DEVELOPMENT CONSULTANTS
JEFF
1050 N TUSTIN AVE
ANAHEIM CA 92807
29 8480-015-010
OKADA JOHN T & SADAKO .K
2647 E CORTEZ ST
WEST COVINA CA 91791-2907
32 8480-015-027
MILLER W F & L A
2725 E CORTEZ ST
WEST COVINA CA 91791-2909
35 8480-015-024
GRAHAM CHRISTOPHER B & LISA L
2747 E CORTEZ ST
WEST COVINA CA 91791-2909
30 8480-015-009
YEH HO, THE
2703 E CORTEZ ST
WEST COVINA CA 91791-2909
33 8480-015-026
HAMM BARRY D & TRUST
2731 E CORTEZ ST
WEST COVINA CA 91791-2909
36 8480-015-028
FLORES ANGEL & MARINA
2807 E CORTEZ ST
WEST COVINA CA 91791-2910
38 8480-015-030 38 8480-015-030
BUTLER ROSEMARY I & VIRGIL J OCCUPANT
PO BOX 4102 2825 E CORTEZ ST
COVINA CA 91723-0502 WEST COVINA CA 91791
40 8480-015-040 41 8480-015-041
BAKER RODNEY A & TRUST WINGETT LEONARD
2828 E ROSEMARY DR 2824 E ROSEMARY DR
WEST COVINA CA 91791-2231 WEST COVINA CA 91791-2231
43 8480-015-044
KERCKHOFF ANTON W & NANCY B
429 S EMERALD AVE
WEST COVINA CA 91791-2214
LAND DEVELOPMENT CONSULTANTS
JEFF
1050 N TUSTIN AVE
ANAHEIM CA 92807
LAND DEVELOPMENT CONSULTANTS
JEFF
1050 N TUSTIN AVE
ANAHEIM CA 92807
44 8480-015-023
SEIM DOROTHY D & ROBERT M
2744 E SUNSET HILL DR
WEST COVINA CA 91791-2233
LAND DEVELOPMENT CONSULTANTS
JEFF
1050 N TUSTIN AVE
ANAHEIM CA 92807
LAND DEVELOPMENT CONSULTANTS
JEFF
1050 N TUSTIN AVE
ANAHEIM CA 92807
n091S ao# a}eldwal asn W , slaauq aaaa u100w4Z
W109ss aasel-
1 8482-006-001
FUERST MICHAEL B & MARSHA
2121 W GARVEY AVE N
WEST COVINA CA 91790-2051
3 8482-006-003
ROHDE RUSSELL A & MAUREEN A
2820 E CORTEZ ST
WEST COVINA CA 91791-2940
6 8482-005-900
COVINA VALLEY UNIFIED SCHOOL DIST
519 E BIDILLO
COVINA CA 91723-0502
8 8482-009-009
LIMANSKY'MONIQUE B
712 S INMAN RD
WEST COVINA CA 91791-2920
11 8482-009-001
CROUCH FRANCIS H CROUCH
2702 E LARKWOOD ST
WEST COVINA CA 91791-2926
14 8482-009-004
MILLER HELEN E
2736 E ILARKWOOD ST
WEST COVINA CA 91791-2926
16 8482-007-002
OCCUPANT
2737 E LARKWOOD ST
WEST COVINA CA 91791
19 8482-007-005
GUTIERREZ GREGORY & LISA
2715 E LARKWOOD ST
WEST COVINA CA 91791-2927
22 8482-008-011
OTT ROBERT E & MYRNA J
2645 E LARKWOOD ST
WEST COVINA CA 91791-2925
25 8482-008-006
GONZALEZ PEDRO & FERNANDA
2642 E CORTEZ ST
WEST COVINA CA 91791-2906
1 8482-006-001
OCCUPANT
2750 E CORTEZ ST
WEST COVINA CA 91791
slagel ssaappV ®A213AVO
2 8482-006-002
FUERST MICHAEL & MARSHA
2808 E CORTEZ ST
WEST COVINA CA 91791-2940
4 8482-006-004
ROMANEK THADEUS 1TR & FRANCES
2828 E CORTEZ ST
WEST COVINA CA 91791-2940
6 8482-005-900
SO HILLS H S
645 S BARRANCA ST
WEST COVINA CA 91791
9 8482-009-008
KRAUSE HAROLD P & HARRIET TR
708 S INMAN RD
WEST COVINA CA 91791
12 8482-009-002
SHAW CHARLES & PATRICIA & TRUST
2714 E LARKWOOD ST
WEST COVINA CA 91791-2926
15 8482-007-001
LIN PO SHUI & WEN F
2739 E LARKWOOD ST
WEST COVINA CA 91791-2927
17 8482-007-003
NORRING MICHAEL J & LUANN M
2731 E LARKWOOD ST
WEST COVINA CA 91791-2927
20 8482-008-009
CHACON JESUS JR & LAURA
2711 E LARKWOOD ST
WEST COVINA CA 91791-2927
23 8482-008-012
MILLER MARIE M
2639 E LARKWOOD ST
WEST COVINA CA 91791-2925
26 8482-008-007
GODDARD RICHARD & PATRICIA TR
2650 E CORTEZ ST
WEST COVINA CA 91791-2906
5 8482-006-005
SMITH GUY B JR & PATRICIA A
2834 E CORTEZ ST
WEST COVINA CA 91791-2940
7 8482-007-006
BERNAL A M & NORMA FAM TR
718 S INMAN RD
WEST COVINA CA 91791-2920
10 8482-009-007
MESSMER ROLAND H & MARIAN M
704 S INMAN RD
WEST COVINA CA 91791-2920
13 8482-009-003
MCCLANE CALVIN & LORRAINE TR
2726 E LARKWOOD ST
WEST COVINA CA 91791-2926
16 8482-007-002
ANDERSON HAROLD PHYLLIS FAM T
828 NOGALES ST
ROWLAND HEIGHTS CA 91748-1308
18 8482-007-004
HANSEN ALENE J
2723 E LARKWOOD ST
WEST COVINA CA 91791-2927
21 8482-008-010
MORAGA EDWARD LOLA & FAM TR
2703 E LARKWOOD ST
WEST COVINA CA 91791-2927
24 8482-008-005
MCCANN KE.VIN B & LORRAINE
2634 E CORTEZ ST
WEST COVINA CA 91791-29C6
27, 8482-0087008
WARREN ELA B
2708 E CORTEZ ST
WEST COVINA CA 91791-2908
n, 091S a0l aleldwal ash
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NOTICE OF PUBLIC HEARING
�_WfflCITY OF WEST COVINA CITY COUNCIL
PURSUANT TO THE LAW AND IN CONFORMANCE WITH THE MUNICIPAL CODE YOU ARE HEREBY NOTIFIED
OF A PUBLIC HEARING OF THE CITY OF WEST COVINA CITY COUNCIL.
ZONE CHANGE NO.01-05
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: Michael Fuerst
LOCATION: 2750-2808 E. Cortez Street
REQUEST: The project consists of a request to change a 0.2 portion of a property from "Residential -Agricultural' (R-
A) Zone, Area District V to "Single -Family Residential' (R-1) Zone, Area District III in order to
accommodate a tentative tract subdivision proposal and a request to approve the negative declaration of
environmental impact for the proposal.
Pursuant to the California Environmental Quality Act (CEQA) of 1970, a NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT has been prepared indicating that the project will not have a significant effect on the
environment. A copy of the Negative Declaration of Environmental Impact is on file in the Planning Department and
Regional Library for examination. Members of the public are invited to make written statements regarding said report prior
to the public hearing and to make verbal presentations at the public hearing. The public review period for the Negative
Declaration will run from December 26, 2001 through January 15, 2002.
If you wish to challenge the action(s) taken on the request(s), you may be limited to raising only those issues, which you (or
someone else) raised orally at this public hearing or in written correspondence received by the City at or before the hearing.
THE PUBLIC HEARING WILL BE HELD:
PLACE: West Covina City Hall
1444 West Garvey Avenue South
City Council Chambers - Level One
DATE: February 5, 2002
TIME: 7:00 p.m.
If you have any questions, we urge you to contact Sylvia Hernandez at (626) 814-8422 or Room 208, at City Hall.
Only through citizen participation can your government build a better City.
BY ORDER OF THE
CITY COUNCIL OF THE
CITY OF WEST COVINA