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Resolution - 8007RESOLUTION NO.8007 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DENYING THE APPEAL OF GENERAL PLAN AMENDMENT NO. 1986-2 ( LAND USE ELEMENT) , EAST HILLS SPECIFIC PLAN AMENDMENT NO. 2, ZONE CHANGE NO. 600, PRECISE PLAN NO. 793 AND TENTATIVE TRACT MAP NO. 45098 AND CERTIFYING THE ENVIRONMENTAL IMPACT REPORT AS IT RELATES THERETO. (Planning Commission Resolution No. 1-87-3495) • The City Council of the City of West Covina, California, does'resolve as follows: WHEREAS, there was filed with the City a request for the City of West Covina to reconsider the land -use designation of the property described below as set forth in the General Plan and the East Hills Specific Plan; and WHEREAS, there was filed with the City verified applications on the forms prescribed in Chapter 26, Article VI, of the West Covina Municipal Code, requesting a zone change from "Residential -Agricultural (R-A), Area District III" to "Medium Density Multiple Family (MF-15)" and approval of a precise plan of design and tentative tract map for the physical development of 29 condominium units on that certain property generally described as follows: Portion of Lot 4 of Tract No. 24411 in the County of Los Angeles, State of California, as per map recorded in Book 631, Page 36 of Maps, in the Office of the County Recorder of said County; also those portions of Lots 94 and 95 of Tract No. 930, in the City of West Covina, as per map recorded in Book 17, Pages 36 and 39 of Maps, in the Office of the County Recorder of said County; and WHEREAS, the Planning Commission at a duly noticed public hearing on November 21, 1986, reviewed the applicant's original requests for a General Plan Amendment and an East Hills Specific Plan Amendment for redesignation of the subject property from "Suburban Density Residential" to "Medium -High Density Residential"; for a zone change from "Residential -Agricultural (R-A), Area District III" to "MF-20"; and for a precise plan of design for 36 apartment units; and WHEREAS, the Planning Commission expressed concern with the density and design of the project as proposed at the November 21, 1986, public hearing, requested that the project be redesigned as condominiums at a lower density and with building heights limited to two stories; and • WHEREAS, the Planning Commission, at a duly noticed public hearing on January 21, 1987, adopted a resolution denying Precise Plan No. 793 (as revised) and Tentative Tract Map No. 45098, and recommending to the City Council denial of General Plan Amendment No. 1986-2 (Land Use Element), East Hills Specific Plan Amendment No. 2, Zone Change No. 600 and recommending certification of the Environmental Impact Report as it relates thereto; and WHEREAS, on February 5, 1987, the applicant appealed the decision of the Planning Commission to the City Council of West Covina; and i WHEREAS, on February 23, 1987, the City Council of the City of West Covina, California, conducted a duly advertised public hearing on General Plan Amendment No. 1986-2 (Land Use Element), • East Hills Specific Plan Amendment No. 2, Zone Change No. 600, Precise Plan No. 793 (as revised), Tentative Tract Map No. 45098 and the Environmental Impact,Report relating thereto and has concluded that the proposed amendments are increased with the goals and policies of the City's adopted General Plan and East Hills Specific Plan and that the findings necessary for approval of a General Plan amendment, an East Hills Specific Plan amendment and a zone change have not been met, to wit: • a. The Council finds that conditions have not changed sufficently to warrant a change of zone to MF-15, or a change in the General Plan and East Hills Specific Plan land -use designation from "Suburban Density Residential" to "Medium Density Residential". b. The Council finds that the proposed General Plan and East Hills Specific Plan Amendments and the Zone Change will affect adjoining property as to value and precedent and will be detrimental to the area for the following reasons: i. The proposed density of the project is too high for the site and location, since the site abuts single-family homes and a lower -density condominium project. ii. The environmental setting warrants consideration of ,a density of 8 to 10 dwelling units per acre. iii. The proposed density would add to the congestion of the area, which already has several large higher -density apartment projects. iv. The project as proposed is not consistent with the type or quality of condominium units in the City or in that area; the size of the proposed units is not comparable to the.single-family homes in the neighborhood. ' V. The project as proposed is too intense for the site and situation. vi. The MF-8 Zone, as described in Sections 26-436 et seq, in the West Covina Municipal Code is a more appropriate zone and density for this site and situation. C. The Council finds that the change in zone to MF-15 and the change in the General Plan and East Hills Specific Plan designations to "Medium Density Residential (8.1-15.0 units/acre)" for this site is not, in the interest or furtherance of the general public welfare due to the inappropriateness of 'such a high -intensity land -use within an area distinctly suburban in character. d. The approval of such'a zone change, General Plan and East Hills Specific Plan Amendments is not consistent with the policies of those plans, which include, but are not limited to, the preservation of existing housing and the development of land -uses compatible with such housing. e. In reviewing the precise plan, the Council finds that not enough consideration ',has been given to the design and not enough restrictions imposed to protect and be compatible with adjoining and existing properties. f. The Council finds that the number of units and density of the proposed precise plan is detrimental to the general welfare of other property owners in the vicinity and interferes with the use and enjoyment of such property. g. Upon reviewing the proposed tentative tract map, the Council finds that: i. The proposed map is not consistent with applicable general and specific plans. ii. That the design or improvement of the proposed • subdivision is not consistent with applicable general or specific plans. iii. That the site is physically unsuitable for the density of the proposed development, due to the topography and proximity of the site to land -uses of a dissimilar and sensitive nature. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of West Covina, California, does hereby deny General Plan Amendment No. 1986-2 (Land Use Element), East Hills Specific Plan Amendment No. 2, Zone Change No. 600, Precise Plan No. 793 (as revised) and Tentative Tract Map No. 45098 and does certify the Environmental Impact Report as it relates thereto as being in compliance with the requirements of the California Environmental Quality Act of 1970 (CEQA), as amended. FINALLY RESOLVED, that the City Clerk shall certify to the adoption of this Resolution. 1987. ATTEST: ADOPTED AND APPROVED this 9th day of March l CityCle k�� I, hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 9thday of f4arch , 1987. AYES: Councilmembers: Tennant, Bacon, Manners, Chappell, Shearer • NOES: Councilmembers: None ABSENT: Councilmembers: None City Clerk APPROVED AS TO FORM: City Attorney