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Resolution - 8153RESOLUTION NO. 8153 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING PLANNING COMMISSION RESOLUTION NO. 1-88-3586, DENYING TENTATIVE PARCEL MAP NO. 19157 (J. GIBAS) . WHEREAS, there was filed with the City of West Covina, a certified application on forms prescribed in Chapter 26, Article VI • of the West Covina Municipal Code requesting approval of a Tentative, Parcel Map for the creation of two parcels from an existing 21,250 square foot lot on that certain property described as follows: The northeast 85 feet of the southwest 610 feet of the northwesterly 250 feet of Lot 88 of E. J. Baldwin's second subdivision of a portion of the Rancho La Puente, in the City of West Covina, as per map recorded in Book 7, Page 7, of Maps, in the Office of the County Recorder of Los Angeles. WHEREAS, this tentative parcel map is categorically exempt, class 15, from the requirements of CEQA as a minor land division on a site that has an average slope of less than 20% and has not been involved in a division of a larger parcel within the previous two years; and WHEREAS, hearings on said application were duly noticed and conducted by the Planning Commission on January 6, 1988, at which time the application was denied; and WHEREAS, the action of the Planning Commission was appealed by the applicant after proper legal notice to the February 8, 1988, City Council meeting for hearing and consideration; and WHEREAS, studies and investigations made by the City Council and in its behalf reveal the following facts: 1. The application is requesting approval for Tentative Parcel Map No. 19157, which would have created two lots from an existing 21,250 square foot parcel. 2. Appropriate findings for approval of a Tentative Parcel 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 physically 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 is not likely to cause serious public health problems. Page - 2 n LJ 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. NOW, THEREFORE, the City Council of the City of West Covina does resolve as follows: 1. On the basis of the evidence presented, both oral and documentary, the City Council makes the following findings: Of the necessary seven (7) findings required to be met before a variance may be granted, only e, f, and g, have been met insomuch as: a. Indiscriminant approval of flag lots within the City of West Covina is not in conformance with the promotion of the "Suburban Residential" character designation of the General Plan. b. The design of the proposed map and related street improvements on Willow Avenue is not consistent with the "Suburban Residential" land use designation of the West Covina General Plan, in that the character of the neighborhood would be altered, which would result in the deterioration of the neighborhood. Many of the lots on the south side of Willow Avenue are of similar size and could possibly be subdivided. This would create an undesirable precedent and could result in overbuilding of the vicinity.and a resultant strain on the infrastructure. C. The site is not physically suitable for the type of development of lots fronting on a public street. The proposed flag lot would create a different housing pattern on the street, and would create an undesirable precedent. d. The site is not physically suitable for the type of development in that many of the lots on the south side of Willow Avenue are of a similar size and could possibly be subdivided. This would create an undesirable precedent which would alter the character of the neighborhood and result in its deterioration. e. The creation of two single-family residential lots, which will result in the construction of one additional residence on the site and street . improvements on North Willow Avenue, will not cause substantial environmental damage or substantially and avoidably injure fish, wildlife or their habitat as the site is not environmentally sensitive and is located within an existing urbanized area. f. The proposed'map and improvements are not likely to cause serious health problems as provisions have been • made to allow each lot access to a public sanitary sewer system and all applicable public health and building codes shall be adhered to. g. The design of the proposed map and related improvements will not conflict with any easements acquired by the public for access through or use of the subject site. Page 3 • 2. The City Clerk shall certify to the adoption of this Resolution. . ADOPTED AND APPROVED this 8th day of February, 1988 • Mayor ATTEST: I, hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 8th day of February, 1988 AYES: Councilmembers: Bacon, Manners, Chappell NOES: Councilmembers: None ABSENT: Councilmembers: Tennant, Shearer City'Clerb APPROVED AS TO FORM: 7 , City Attorney • C J