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Resolution - 5455RESOLUTION NO. 5455 A RESOLUTION OF THE CITY COUNCIL OF THE • CITY OF WEST COVINA GRANTING A VARIANCE (Variance Application No. 739 - Novarro Construction Company). The City Council of the City of West Covina does resolve as follows: SECTION 1. It is hereby found and determined that the application of Novarro Construction Company to develop a 7.71- acre parcel consisting of portions of Lots 13 and 22 of Tract No. 3546 as filed in Book 40, Pages 82 and 83 of Maps in the Office of the County Recorder of the County of Los Angeles, with a variance from standards of Section 9229 of the West Covina Municipal Code (Hillside Overlay Zone) to authorize a higher density than would otherwise be permitted in the Hillside Overlay Zone, was duly made, that a hearing thereon was duly held by the Planning Commission after legal notice thereof, that the Planning Commission granted said variance by its Resolution No. 4-77-2727, that said action was called up by the City Council and the City Council held a hearing thereon after legal notice thereof. SECTION 2. It is hereby found'by the City Council that: • a. There are exceptional circumstances appli- cable to the property which distinguish it from other properties in the Hillside Overlay Zone in that.the average slope from one end of the property to the other is 7/ and the development will have the appearance of a 7/ sloping subdivision. b. The granting of the variance is necessary for the preservation and enjoyment of a'.substantial property right possessed by other property in the same.:vicinity and zone in that the areas immediately to the west and north are developed with 20,000 square foot lots. r C. The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located.. d. The granting of the variance will not adversely affect the General Plan and the development will be consistent with the densities specified in the General Plan for the area in which the property is located. SECTION 3. A variance is hereby granted as applied for in Variance Application No. 739. It is granted upon the following conditions, the violation of any one of which shall be grounds for the revocation of the variance by the Planning Commission and the • City Council. This variance shall not be effective for any purpose until the property described in Variance Application No. 739 is annexed to the City of West Covina and the owner of the property or his duly authorized representative has filed in the office of the Planning Department an affidavit stating that he is aware of and accepts all of the following conditions of this variance: 1. Comply with Tentative Tract No. 33360, dated April 20, 1977.. 2. Comply with,all standards of the'Municipal Code except where modified by variance by the • Planning Commission. 3. Park fees shall be paid to the City of West Covina pursuant to Section'9134 of the Municipal Code prior to the issuance of any permit. 4. Prior to the issuance of any building permit, a development plan showing types and locations of all proposed dwelling units shall be filed for review by the Planning Commission. 5. Developer shall draft a Prospective Homebuyer's Awareness Package (PHAP),. Said package shall include, but not be limited to, information concerning: a. Current zoning, General Plan and applicable specific plans.- b. Schools. C. Special assessment districts. d. Covenants, conditions and restrictions (C.C.&R.'s) applicable to the tract. • e. 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 Plan- ning Director prior to recordation of the final map. 6. Engineering Department Requirements: a. Applicant shall comply with all conditions contained in Planning Commission Resolution No. 567. b. Sanitary sewers shall be provided. C. The required street improvements shall include that portion of "A'.' Street contiguous to subject property. d. The required street dedication shall include that portion of "A" Street contiguous to subject property. • e. A final grading and drainage plan showing existing and proposed elevations and drainage structures shall be submitted for the approval of the Building and Engineering Departments prior to recordation of the final map. f. Adequate provision shall be made for accept- ance and disposal of surface drainage entering the property from adjacent areas. g. Parking lot and driveway improvements on private property shall.comply with Planning Commission Resolution No. 2513 and be constructed to the City of West Covina,Standards. h. Applicant shall install street lights with underground wring and provide the necessary • trenching and backfill. i. The proposed subdivision shall conform to Article IX Chapter 1 - Subdivisions of the West Covina Municipal Code. j. Applicant shall conform with Planning Commission Resolution No. 2519 for private streets. k. A maintenance district guaranteeing the mainte- nance of the private street, the sewage pumping system and appurtenant facilities may be required by the Planning Director and the City Engineer. 1. Parking shall be prohibited on the private street. M. Four -foot wide sidewalks shall be constructed along the private street adjacent to curb on both sides of the street within the tract. Sidewalks shall be provided on the west side from Lot 13 to Cameron Avenue. 7. Fire Department Requirements . • Four fire hydrants as shown on tentative tract map. SECTION 4. An Environmental Impact Report for the project has been certified in connection with the application for a change of zone upon the same parcel (Zone Change No. 512) and has been found to have been prepared in accordance with the requirements of the California Environmental Quality Act of 1970 and the State Guidelines adopted pursuant thereto. SECTION 5. The City Clerk shall certify to the adoption of this resolution. 1977. .y APPROVED AND ADOPTED this 9th day of TVa, Mayor ATTEST: • City Clerk . -3- I HEREBY CERTIFY that the above and foregoing Resolution No. 5455 was duly passed and adopted_by the City,Council of the City of West Covina at its regular meeting held on�the 9th day • of May 1977, by the following vote, to wit:. AYES: Councilmen: Miller, Chappell, Tice, Browne, Shearer. NOES: Councilmen: None ABSENT: Councilmen: None City Clerk APPROVED AS TO FORM: ,f: f �I(/i City Attorney • -4-