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Resolution - 5340RESOLUTION NO. 5340 A RESOLUTION OF THE CITY COUNCIL OF THE CITY . OF WEST COVINA GRANTING A VARIANCE (VARIANCE APPLICATION NO. 728-C, H. BRUBAKER) The City Council of the City of West Covina does resolve as follows: SECTION ONE: It is hereby found and determined that the application of C. H. Brubaker to develop three lots of land with a variance from certain standards of the West Covina Municipal Code on that certain parcel of property generally described as 1. 992 acre portion of Lot 9, Tract No. 2371, Book 23, Pages 98 and 99 of Maps, in the R-A (Residential Agricultural) Zone, Area District III, was duly made, that hearing thereon was duly held by the Planning Commission after legal notice thereof, that the Planning Commission denied said variance by its Resolution No. 9-76- 2680, that said action was appealed to the City Council and the City Council held a hearing thereon after legal notice thereof. SECTION TWO: It is hereby found by the City Council that: (a) There are exceptional circumstances applicable to the property which distinguish it from other properties in • the same area in that the lot size of the developed pro- perty in the immediate area is substantially less than that proposed and because of the development of adjacent properties, it is impossible to provide ak,20 foot access strip to the subject property without a reduction in lot width. (b) The subject property is not capable of development unless a variance to an 80 foot lot width is granted. (c) The granting of the variance will not be materially detri- mental to the public welfare inasmuch as it will permit the development of the property in conformance with the standards existing in the immediate vicinity. (d) A. granting of the variance will not adversely affect the General Plan. SECTION THREE: A. variance is hereby granted as applied for in Variance Application No. 728. It is granted upon the following conditions; the violation of any one of which shall be grounds for the revocation of this variance by the Planning Commission and the City Council. This variance shall not be effective for any purpose until the owner of the property or his • duly authorized representative has filed in the office of the Planning Depart- ment an affidavit stating that he is aware of and accepts all of the following conditions of this variance: 1. Comply with Parcel Map No. 7109, dated September 15, 1976. 2. Conform to all requirements of the R-A zone, Area District III, except where modified by variance. 3. A. park fee shall be paid to the City of West Covina on Parcels • 1 and 2 prior to the issuance of building permits pursuant to Section 9134 of the West Covina Municipal Code. 4. Engineering Department Requirements: a. Applicant shall comply with all conditions contained in Planning Commission Resolution No. 567. b. Sanitary sewers shall be provided. i c. A. final grading and drainage plan showing existing and proposed elevations and drainage structures shall be sub- mitted for the approval of the Building and Engineering Departments prior to issuance of a building permit. d. Adequate provision shall be made for acceptance and dis- posal of surface drainage entering the property from adjacent areas. e. Parking lot and driveway improvements on private prop- erty shall comply with Planning Commission Resolution No. 2513 and be constructed to the City of West Covina Standards. f. Applicant shall install street lights with underground wiring and provide the necessary trenching and backfill. g. The development shall conform to Article IX Chapter 1 - Subdivisions of the West Covina Municipal Code. 5. Fire Department Requirements: Install one (1) steamer hydrant at northwest corner of Parcel 1, east of existing driveway. SECTION FOUR: Parcel Map No. 7109 as file_ d with the Engineer- ing Department is hereby approved. SECTION FIVE: The City Council hereby finds that the development for which this variance is granted will not adversely affect the environment of the area and that the Negative Declaration Environmental Impact prepared by the Planning Department has been prepared in accordance with the California Environmental Quality Act of 1970 and the State Guidelines and is hereby approved. • re s olution. SECTION SIX: The City Clerk shall certify to the adoption of this -2- Adopted and approved this 25th day of October, 1976. ATTEST:., • Mayor City Clerk I hereby certify that the foregoing resolution was duly adopted by the City Council of the City of West Covina at a regularmeeting thereof held on the 25th day of October, 1976, by the following vote of the Council: AYES: Councilmen: Miller, Shearer, Tice, Browne NOES: Councilmen: None • • ABSENT: Councilmen: Chappell APPROVED AS TO FORM: Gam` _._ City Clerk City A.ttorn -3-