Resolution - 8042•
RESOLUTION NO. 8042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, APPROVING DEVELOPMENT PLAN NOS. 16, REVISION 1 AND
23, REVISION 1, UNCLASSIFIED USE PERMIT NO. 337 (A THRU R) AND
VARIANCE NO. 886 (A THRU R) AND CERTIFYING THE NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT THEREFOR. (Summerwood
Garden Homes)
THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES
RESOLVE AS FOLLOWS:
WHEREAS, there was filed with the City of West
Covina, a verified application on the forms prescribed in
Chapter 26, Article VI of the West Covina Municipal Code,
requesting approval of two development plan revisions, eighteen
unclassified use permits and eighteen variances to convert
duplexes to condominiums, on that certain property generally
described as follows:
Tract No. 31987 as per map recorded in Book 899,
Pages 88 through 91, Tract No. 32375 as per map
recorded in Book 915, Pages 9 through 11 and
Tract No. 33271 as per map recorded in Book 877,
Pages 93 through 94 of Maps, in the Office of the
Los Angeles County Recorder; and
WHEREAS, hearings on said applications were duly
noticed and conducted by the Planning Commission on May 20,
1987, and June 3, 1987, at which time the applications were
denied; and
WHEREAS, the action of the Planning Commission
appealed to the June 22, 1987, City Council meeting for hearing
and consideration; and
WHEREAS, after proper legal notice, the City Council
held a hearing on said appeal on June 22, 1987; 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 Development
Plan revisions, Unclassified Use Permits and
Variances for the purpose of converting 28 duplexes
to eighteen condominium projects totaling 56 units at
the above location in the PCD-1 Zone.
2. Said cases were filed in conjunction with Tentative
• Parcel Map Nos. 18246 through 18262 and 18346.
Approval of said cases is contingent upon approval of
the parcel maps filed in conjunction with said cases.
3. The original Development Plan Nos, 16 and 23 projects
• were approved under Woodside Village Master Plan text
development standards for attached single-family
residences.
4. Condominium conversion is subject to the development
standards of the condominium (MF-8) Zone.
5. The applicant is requesting variances on the eighteen
conversion projects to allow site sizes of less than
• the required two -acre minimum and the counting of
recreational leisure space with less than a minimum
horizontal dimension of 50 feet.
6. The applicant is also requesting variances to allow
garages to open directly onto a street for Variance
No. 886 (e) and Unclassified Use Permit No. 337 (e)
(Parcel Map No. 18250) and Variance No. 886 (f) and
Unclassified Use Permit No. 337 (f) (Parcel Map
No. 18251)
7. Setback variances are requested on individual sites
as follows:
Variance No.
Project No.
Parcel Map
(reference)
Var 886 (a)
UUP 337 (a)
PM 18246
Var 886 (b)
UUP 337 (b)
PM 18247
Var 886 (c)
UUP 337 (c)
PM 18248
Var 886 (d)
UUP 337 (d)
PM 18249
Var 886 (e)
UUP 337 (e)
PM 18250
Var 886 (f)
UUP 337 (f)
• PM 18251
Var 8,86 (g)
'UUP 337 (g)
PM 18252
Var 886 (h)
UUP 337 (h)
PM 18253
Setback
Front: 16 ft. min./17.9 ft. average
Side: 12.5 ft.
Side: 13 ft.
Front: 13 ft. min./16 ft. average
Side: 11 ft., Rear: 13 ft.
Side: 13 ft., Rear: 13 ft.
Front: 15 ft. min./17 ft. average
Side: 7.5 ft., Rear: 15 ft.
Side: 5 ft.
Side: 13 ft., Rear: 13 ft.
Front: 15 ft. min./17 ft. average
Side: 13 ft.
(2)
Var 886
(i)
UUP 337
(i)
Side:
13
ft.
Pm 18254
is
Var 886
(j)
UUP 337
(j)
Front:
12
ft.
min./13.9 ft. average
PM 18255
Side:
13
ft.,
Rear: 15 ft.
Var 886
(k)
Front:
17
ft.
min./18.9 ft. average
UUP 337
(k)
Side:
13
ft.,
Rear: 15 ft.
PM 18256
•
Var 886
(1)
Front:
10
ft.
min./14 ft. average
UUP 337
(1)
Side:
11
ft.
PM 18257
Var 886
UUP 337.(m)
(m)
Front:
10
ft.
min./18 ft. average
Side:
7 ft.
PM 18258
Var 886 (n) Side: 13 ft., Rear: 11.5 ft.
UUP 337 (n)
PM 18259
Var 886 (o) Side: 11 ft.
UUP 337 (o)
PM 18260
Var 886 (p) Side: 12 ft.
UUP 337 (p)
PM 18261
Var 886 (q) Front: 13 ft. min./17 ft. average
UUP 337 (q) Side: 13 ft., Rear: 15 ft.
PM 18262
Var 886 (r) Front: 15 ft. min./17 ft. average
UUP 337 (r) Side: 13 ft.
PM 18346
8. Findings necessary for approval of development
plans:
a. In reviewing the revised development plan, it has
been found that consideration has been given and
restrictions imposed to the extent necessary to
permit the same degree of enjoyment of the
subject property, but subject to the same degree
of protection of adjoining properties, as would
be accorded in normal circumstances by the
standard restrictions imposed by the MF-8 Zone.
b. The proposed development plan revision, will not
• depreciate property values in the vicinity or
interfere with the use or enjoyment of property
in the vicinity or endanger the public peace,
health, safety or general welfare.
(3)
9. Findings necessary for approval of unclassified use
permits:
• a. The proposed condominium conversion at this
location is desirable in that it will contribute
to the general well being of the community by
providing the opportunity for the purchase of
affordable housing.
b. A conversion from single ownership of duplex
• dwelling units that creates no physical change
will not be detrimental to the health, safety,
peace or general welfare of persons residing or
working in the vicinity or injurious to property
or improvements in the vicinity.
C. The previously approved and physically unchanged
development in which the site is located
demonstrates that the site is adequate in size
and is so shaped to accommodate the use and to
adjust the use with the land and uses in the
neighborhood and make it compatible thereto.
d. The site abuts streets that have access to
Shakespeare Drive, a collector street adequate in
width and improvements to carry traffic
generations typical of condominiums to Nogales
Street, a principal arterial. Street patterns
guarantee that such generations will not be
channeled through residential areas on local
residential streets.
e. Granting of an unclassified use permit that does
not change the density or physical
characteristics of a previously approved
development deemed to be consistent with the
General Plan will not adversely affect the
General Plan or any other plan adopted by the
City or any other government agency.
10. Findings necessary for approval of a variance for a
site size of less than two acres:
a. There are exceptional and extraordinary
circumstances which apply to the subject
properties in that:
i. When all applications are considered
together, the overall area of the
properties totals 4.49 acres, excluding
common areas.
• ii. They are a portion of an existing community
which totals 27.69 acres.
iii. They would remain members of the master
Summerwood Garden H.O.A. ensuring financial
stability and continued maintenance.
(4)
b. The granting of this variance is necessary to
protect a substantial property right otherwise
denied the property in that due to the previous
• subdivision, the variance is necessary to allow
individual single-family home ownership, a right
enjoyed by others throughout the City.
c. The granting of this variance would not be
materially detrimental or injurious to property
or improvements in the vicinity because no
physical alterations to the property or operation
of the A.O.A. are proposed.
• d. The granting of this variance will not adversely
affect the General Plan as no change in intensity
of use is proposed. Granting of the variance
would further the goals of the housing element of
the General Plan by providing affordable home
ownership opportunities.
11. Findings necessary for approval of a variance for the
counting of recreational leisure space with less than
the minimum horizontal dimensions of fifty feet, for
garages opening directly upona public street and for
setbacks of less than that required in the MF-8 Zone:
a. Exceptional and extraordinary circumstances exist
in that the properties were developed as duplex
dwellings designed to have the character of
single-family dwellings approved under the
standards of the Woodside Village Master Plan
Text. No physical change is proposed to
Development Plan Nos. 16 and 23, approved
February 2, 1977, and October 19, 1977,
respectively. The regulations of the MF-8 Zone
were designed to govern projects with
multiple -family characteristics.
b. Granting of this variance is necessary for the
preservation of property rights that are
Possessed by single-family attached and detached
dwellings developed throughout Woodside Village,
the same vicinity, and PCD-1, the same zone as
this project.
C. Granting of a variance that has been found to
have exceptional circumstances and is necessary
for the preservation of property rights enjoyed
by others will not be detrimental to the public
welfare or injurious to the property or
improvements in the vicinity.
d. Zoning regulations are implemental tools of the
• General Plan. Approval of a variance processed
through a public hearing as prescribed by the
zoning regulations, shown to have exceptional
circumstances, shown to be necessary for the
preservation of property rights and shown not to
be detrimental, implements the General Plan and
therefore, will not adversely affect the General
Plan.
(5)
12. Based upon the findings of an initial study, it has
been determined that the proposed project will not
have significant impact on the environment. A
Negative Declaration of Environmental Impact has been
prepared for the proposed project pursuant to the
• requirements of the California Environmental Quality
Act of 1970.
NOW, THEREFORE, BE IT RESOLVED, that the City Council
does hereby APPROVE the subject Development Plan revisions,
Unclassified Use Permits and Variances and the Negative
Declaration of Environmental Impact is hereby CERTIFIED,
subject to the provisions of the West Covina Municipal Code,
• provided that the physical development of the herein described
property shall conform to said Plans and the following
conditions which, except as otherwise expressly indicated,
shall be fully performed and completed or shall be secured by
bank or cash deposit satisfactory to the Planning Director
before the use or occupancy of the property is commenced and
before a Certificate of Occupancy is issued, and the violation
of any of which shall be grounds for revocation of said
Development Plans, Unclassified Use Permits, and Variances by
by the Planning Commission or City Council. The Development
Plans, Unclassified Use Permits, and Variances 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 these Development
Plans, Unclassified Use Permits, and Variances as stated below:
1. Comply with Study Plan "A", dated May 20, 1987.
2. Comply with all requirements of the MF-8 Zone, except
where modified by variance.
3. The Covenants, Conditions, and Restrictions of the
project shall be submitted to the City Attorney for
his approval prior to the sale of any units.
4. The developer shall draft a Prospective Homebuyer's
Awareness Package (PHAP). Such package shall
include:
a. A standardized cover sheet developed by the
Planning Department.
b. Zoning and General Plan information.
C. School information.
d. Special assessment district information.
e. A copy of the Covenants, Conditions, and
Restrictions (CC & R's) applicable to the tract.
. f. Any additional information deemed necessary by
the Planning Department, Planning Commission or
City Council for the full disclosure of important
information. The draft PHAP shall be submitted
to the Planning Director prior to the sale of any
units.
5. Engineering Department requirements:
a. Comply with all conditions contained in Planning
Commission Resolution No. 567.
(6)
b. 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.
•
c. Prior to approval of a final map, the following
requirements shall be satisfied:
An itemized cost estimate for all on -site
and off -site improvements to be
constructed, except buildings, shall be
submitted to the 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.
6. Fire Department requirements:
No requirements.
7. Police Department requirements:
No requirements.
8. Building Department requirements:
a. All units to be totally independent on utilities
use.
b. All construction to meet standards of the
applicable construction codes of the City.
FINALLY RESOLVED, that the City Clerk shall certify to the
adoption of this Resolution.
ATTEST:
ADOPTED AND APPROVED this 22nd day of June, 1987.
C' Clerk
Mayor
(7)
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 22nd day of June, 1987.
AYES: Councilmember: Tennant, Bacon, Shearer, Chappell
ABSTAIN: Councilmember: None
NOES: Councilmember: Planners
• ABSENT: Counilmember: None
APPROVED AS TO FORM:
City Attorney
•
Cit Jerk
(8)