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Resolution - 8835RESOLUTION NO. 8835 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND DENYING THE APPEAL OF TENTATIVE TRACT MAP NO. 46763. • WHEREAS, there was filed with the Planning Commission a verified application on the forms prescribed in Chapter 20 and Chapter 26 of the West Covina Municipal Code, requesting approval of a tentative tract map on that certain property generally described as follows: That portion of Lot 363 of Tract No. 606, in the City of West Covina, County of Los Angeles, State of California, as per map recorded in Book 15, pages 142 and 143 of maps, in the office of the county recorder of said county, described as follows: Beginning at the most southerly corner of Tract 12505, as per map recorded in Book 337, pages 43 and 44 of aforesaid maps, said corner being a point in the southeasterly line of said Lot 363; thence along said southeasterly line of said lot, south 41 degrees, 30 minutes, 00 seconds west, 700.00 feet; thence parallel with the southwesterly line of said Tract No. 12505, north 48 degrees, 28 minutes, 50 seconds west, 927.71 feet to the northwesterly line of said lot 363; thence along said northwesterly line of said lot, north 41 degrees, 30 minutes, 30 seconds east, 700.00 feet to said southwesterly line of said Tract No. 12505; thence along said southwesterly line, south 48 degrees, 28 minutes, 50 seconds east, 927.61 feet to the point of beginning; and WHEREAS, the Planning Commission upon giving the required notice, conducted a duly advertised public hearing as prescribed by law on the 27th day of January, 1992, to consider said application, as previously proposed, advised the applicant to consider modifying the project and continued the public hearing to the Planning Commission meeting of May 11, 1992, which was continued again to May 26, 1992; and WHEREAS, the Planning Commission, upon giving the required notice, conducted a duly advertised public hearing as prescribed by law on the 26th day of May, 1992, and approved subject application, as modified; and WHEREAS, the action of the Planning Commission was appealed after proper legal notice to the June 16, 1992, 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 applicant is requesting approval of a tentative tract map to subdivide the site into 121 single family lots and additional lots for private streets, a recreation area and landscaped open space. 2. This application is submitted in conjunction with requests for a zone change from "Single -Family Residential (R-1), Area District II" to "Specific Plan No. 711, and a precise plan for the development of 121 patio homes and appurtenant structures. 0367-92/C:CC/TTM46763.APP/em • • Resolution No.8835 Appeal/TTM46763/Tonopah June 16. 1992 - Page 2 3. Appropriate findings for approval of a tentative tract map are as follows: a. That the proposed map is consistent with the General Plan and applicable Specific Plans. b. That the design and improvements of the proposed subdivision are consistent with applicable General and Specific Plans. C. That the site is physically suitable for the proposed 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 are not likely to cause serious public health problems. 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. 4. An initial study prepared for the subject project has disclosed that the proposed project could have a signifi- cant effect on the environment and an Environmental Impact Report (EIR) has been prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. 5. An Addendum to the Final EIR was prepared to assess any additional potential impacts that may result from the proposed project, as modified. 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 for approval of the tentative tract map: a. The proposed tentative tract map is consistent with and aids in the implementation of the "Planned Development" land use designation of the West Covina General Plan. Approval of the map will create 121 single-family condominium lots and additional lots for private streets, a recreation area and landscaped open space that will permit the development of patio homes at a density of approximately 8.96 dwelling units per acre. b. The design of the proposed subdivision and improvements proposed as a part of the subdivision map and Precise Plan No. 822 are consistent with the development standards of the proposed Specific Plan for the site and the "Planned Development" land use designation of the West Covina General Plan. The subdivision and proposed development of the site with 121 single-family homes also aids in 0367-92/C:CC/TTM46763.APP/em Resolution No.8835 Appeal/TTM46763/Tonopah June 16, 1992 - Page 3 the implementation of the goals and policies of the Housing Element of the General Plan by proposing the use of a surplus school site for residential development. • C. The 13.5-acre subject site is physically suitable for the proposed 121-unit patio home development in that the site is generally flat, regularly shaped, has direct access to Sunset Avenue, an arterial street, and is of adequate size to accommodate the proposed development. d. The subject site is suitable for the proposed 121- unit project as it can accommodate the proposed density, while also providing adequate provisions for streets, parking, recreation, landscaping and other improvements in a manner that complies with the proposed Specific Plan and the West Covina Municipal Code. e. An initial study prepared for the subject project has determined that the proposed subdivision map and 121-unit patio home development will not substantially and avoidably injure fish, wildlife or their habitat, as the site was previously developed with an elementary school and is located. within an existing urbanized area. The Environ- mental Impact Report that was prepared for this project also concludes that all potentially significant environmental effects can and will be reduced to a level of insignificance through changes incorporated in the design of the project and implementation of specific mitigation measures. f. The proposed map and improvements are not likely to cause serious health problems as provisions have been made to allow 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 tentative tract map and related improvements do not conflict with easements acquired by the public for access through -or use of the subject site. 2. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, Tentative Tract Map No. 46763 is approved subject to the provisions of the West Covina Municipal Code, provided that the physical development of the herein described property shall conform to said map and the conditions set forth herein 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 the recordation of a final map in the office of the Los Angeles County Recorder, and the violation of any of which shall be grounds for revocation of said Tentative Tract Map by the Planning Commission or City Council. 3. The Tentative Tract Map 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 this Tentative 0367-92/C:CC/TTM46763.APP/em • 6 Resolution No.8835 Appeal/TTM46763/Tonopah June 16. 1992 - Page 4 Tract Map as set forth below. Additionally, no permits shall be issued until the owner of the property involved (or a duly authorized representative) pays all costs associated with the processing of this application pursuant to City Council Resolution No. 8690. 4. The costs and expenses of any enforcement activities, including, but not limited to, attorney's fees, caused by the applicant's violation of any condition imposed by this approval or any provision of the West Covina Municipal Code shall be paid by the applicant. 5. That the approval of the Tentative Tract Map is subject to the following conditions: a. Comply with Tentative Tract Map No. 46763, dated May 26, 1992. b. Comply with all conditions of approval for Tentative Tract Map No. 46763, as enumerated in Planning Commission Resolution No. 5-92-4074 (Attached as Exhibit 1 and included by reference). 6. That the City Clerk shall certify to the adoption of this resolution. ADOPTED AND APPROVED this 16th day of June, 1992. Mayor ATTEST:` City Clerk Expiration Date June 16, 1994 If not used. I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing Resolution was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 16th day of June, 1992. That, thereafter, said Resolution was duly adopted on the 16th day of June, 1992. AYES: Planners, Jennings; Wong NOES: Herfert, 11cFadden ABSENT: None APPROVED AS TO FORM: 0367-92/C:CC/TTM46763.APP/em City Cle P L A N N I N G C O M M I S S I O N RESOLUTION N O. 5-92-4074 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 46763. • TENTATIVE TRACT MAP NO. 46763 ENVIRONMENTAL IMPACT REPORT AND ADDENDUM APPLICANT: Pacific Tonopah, Ltd. LOCATION: 1510 Delvale Street (Former Tonopah School Site) WHEREAS, there was filed with this Commission a verified application on the forms prescribed in Chapter 20 and Chapter 26 of the West Covina Municipal Code, requesting approval of a tentative tract map on that certain property generally described as follows: That portion of Lot 363 of Tract No. 606, in the City of West Covina, County of Los Angeles, State of California, as per map recorded in Book 15, pages 142 and 143 of maps, in the office of the county recorder of said county, described as follows: Beginning at the most southerly corner of Tract 12505, as per map recorded in Book 337, pages 43 and 44 of aforesaid maps, said corner being a point in the southeasterly line of said Lot 363; thence along said southeasterly line of said lot, south 41 degrees, 30 minutes, 00 seconds west,.700.00 feet; thence parallel with the southwesterly line of said Tract No. 12505, north 48 degrees, 28 minutes, 50 seconds west, 927.71 feet to the northwesterly line of said lot 363; thence along said northwesterly line of said lot, north 41 degrees, 30 minutes, 30 seconds east, 700.00 feet to said southwesterly line of said Tract No. 12505; thence along said southwesterly line, south 48 degrees, 28 minutes, 50 seconds east, 927.61 feet to the point of.beginning; and WHEREAS, the Planning Commission upon giving the required notice, conducted a duly advertised public hearing as prescribed by law on the 27th day of January, 1992, to consider said application, as previously proposed, advised the applicant to consider modifying the project and continued the public hearing to the Planning Commission meeting of May 11, 1992, which was continued again to May 26, 1992; and WHEREAS, the Planning Commission, upon giving the required notice, conducted a duly advertised public hearing as prescribed by law on the 26th day of May, 1992, to consider said application,, as modified; and WHEREAS, studies and investigations made by this Commission and in its behalf reveal the following facts: 1. The applicant is requesting approval of a tentative tract map to subdivide the site into 121 single family lots and additional lots for private streets, a recreation area and landscaped open space. 2. This application is submitted in conjunction with requests for a zone change from "Single -Family Residential (R-1), Area District II" to "Specific Plan No. 711, and a precise plan for the development of 121 patio homes and appurtenant structures. 0280-92/C:Plancom/TONOPAH.TTM/em FXHIBIT I Resolution No. 5-92-4074 TTM/46763/Tonopah May 26, 1992 - Paae 2 3. Appropriate findings for approval of a tentative tract map are as follows: a. That the proposed map is consistent with the General Plan and applicable Specific Plans. • b. That the design and improvements of the proposed subdivision are consistent with applicable General and Specific Plans. C. That the site is physically suitable for the proposed 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 are not likely to cause serious public health problems. 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. 4. An initial study prepared for the subject project has disclosed that the proposed project could have a signifi- cant effect on the environment and an Environmental Impact Report (EIR) has been prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. 5. An Addendum to the Final EIR was prepared to assess any additional potential impacts that may result from the proposed project, as•modified. NOW, THEREFORE, the Planning Commission of the City of West Covina does resolve as follows: 1. On the basis of the evidence presented, both oral and documentary, the Planning Commission makes the following findings: a. The proposed tentative tract map is consistent with and aids in the implementation of the "Planned Development" land use designation of the West Covina General Plan. Approval of the map will create 121 single-family condominium lots and additional lots for private streets, a recreation area and landscaped open space that will permit the development of patio homes at a .density of approximately 8.96 dwelling units per acre. b. The design of the proposed subdivision and • improvements proposed as a part of the subdivision map and Precise Plan No. 822 are consistent with the development standards of the proposed Specific Plan for the site and the "Planned Development" land use designation of the West Covina General Plan. The subdivision and proposed development of the site with 121 single-family homes also aids in 0280-92/C:Plancom/TONOPAH.TTM/em I Resolution No. 5-92-4074 TTM/46763/Tonopah May 26, 1992 - Pave 3 the implementation of the goals and policies of the Housing Element of the General Plan by proposing the use of a surplus school site for residential development. c. The 13.5-acre subject site is physically suitable for the proposed 121-unit patio home development in that the site is generally flat, regularly shaped, has direct access to Sunset Avenue, an arterial street, and is of adequate size to accommodate the proposed development. d. The subject site is suitable for the proposed 121- unit project as it can accommodate the proposed density, while also providing adequate provisions for streets, parking, recreation, landscaping and other improvements in a manner that complies with the proposed Specific Plan and the West Covina Municipal Code. e. An initial study prepared for the subject project has determined that the proposed subdivision map and 121-unit patio home development will not substantially and avoidably injure fish, wildlife or their habitat, as the site was previously developed with an elementary school and is located within an existing urbanized area. The Environ- mental Impact Report that was prepared for this project also concludes that all potentially significant environmental effects can and will be reduced to a level of insignificance through changes incorporated in the design of the project and implementation of specific mitigation measures. f. The proposed map and improvements are not likely to cause serious health problems as provisions have been made to allow 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 tentative tract map and related improvements do not conflict with easements acquired by the public for access through or use of the subject site. 2. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, Tentative Tract Map No. 46763 is approved subject to the provisions of the West Covina Municipal Code, provided that the physical development of the herein described property shall conform to said map and the conditions set forth herein 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 the recordation of a final map in the office of the Los Angeles County Recorder, and the violation of any of which shall be grounds for revocation of said Tentative Tract Map by the Planning Commission or City Council. 3. The Tentative Tract Map 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 this Tentative 0280-92/C:Plancom/TONOPAH.TTM/em Resolution No. 5-92-4074 TTM/46763/Tonopah May 26, 1992 - Page 4 Tract Map as set forth below. Additionally, no permits shall be issued until the owner of the property involved (or a duly authorized representative) pays all costs associated with the processing of this application pursuant to City Council Resolution No. 8690. • 4. The costs and expenses of any enforcement activities, including, but not limited to, attorney's fees, caused by the applicant's violation of any condition imposed by this approval or any provision of the West Covina Municipal Code shall be paid by the applicant. 5. That the approval of the Tentative Tract Map is subject to the following conditions: a. Comply with Tentative Tract Map No. 46763, dated May 26, 1992. b. Comply with all requirements of the "Specific Plan No. 7" Zone. C. Approval of Tentative Tract Map No. 46763 shall not be effective until the effective date of Zone Change No. 629. d. Prior to the recordation of the final map, the Covenants, Conditions, and Restrictions for the project shall be submitted to the Planning Director and City Attorney for review. e. Prior to the recordation of the map, the developer shall draft a Prospective Homebuyer's Awareness Package (PHAP), and submit it to the Planning Director for review and approval. Such package shall include: i. A standardized cover sheet developed by the Planning Department. ii. Zoning, General Plan and land use information. iii. School information. iv. Special assessment district information. V. A copy of the Covenants, Conditions, and Restrictions (CC & R'S) applicable to the tract. vi. Any additional information deemed necessary by the Planning Department, Planning Commission or City Council for the full disclosure of important information. f. A six-foot high decorative masonry wall shall be constructed along the southerly property line of the site. Design of said wall shallbe submitted to the Planning Department for review and approval. 'Said wall shall be constructed prior to commencing grading of the site. g. The southerly end of "D" Street shall be redesigned to provide a ten -foot deep landscaped planter area prior to the recordation of the final map. 0280-92/C:Plancom/TONOPAH.TTM/em I b Resolution No. 5-92-4074 TTM/46763/Tonopah May 26, 1992 - Page 5 h. The applicant shall meet any and all monitoring or reporting requirements necessary to ensure compli- ance with the mitigation measures contained in the CEQA resolution prepared for this project, includ- ing but not limited to entering into an agreement to perform and/or pay for monitoring and reporting during project construction and implementation. The applicant further agrees it will cease construction of the project immediately upon written notice of a violation of such requirements and that such a provision may be made a part of any agreement of City and applicant. i. Engineering Department Requirements: i. Sanitary sewers shall be provided to each "lot" in compliance with Municipal Code Chap-. ter 23, Article 2, and to the satisfaction of the City Engineer. ii. Access rights to lots located along the Sunset Avenue frontage shall be dedicated to the City. iii. Five-foot wide sidewalks shall be constructed along Sunset Avenue adjacent to curb. iv. Adequate provision shall be made for accep- tance and disposal of surface drainage enter- ing the property from adjacent areas. V. 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. vi. Water service facilities shall be constructed to at least meet the requirements for fire flow established by the City's Fire Department and the requirements of the subsequent water purveyor/owner of the facilities. vii. Private street improvements shall comply with Municipal Code Chapter 19, Article 8, and Planning Commission Resolution No. 2519. viii. Prior to approval of a final map all of the following requirements shall be satisfied: a. A final grading and drainage plan showing existing and proposed elevations and drainage structures, and showing existing and proposed on -site and off -site improvements, shall be submitted to and approved by the Planning, Building, and Engineering Departments. b. Arrangements for the installation of street lights with underground wiring shall be made with Southern California Edison Company. At the time of installa- tion, the applicant shall provide the necessary trenching and backfill. Submit 0280-92/C:Plancom/TONOPAH.TTM/em Resolution No. 5-92-4074 TTM/46763/Tonopah Mav 26, 1992 - Page 6 two sets of the subdivision and/or precise plan to the Engineering Department, Traffic and Lighting section, to be used for designing the street lighting system. • C. A parking lot lighting plan showing electrolier types and locations, average illumination levels, points of minimum illumination and photometric data in conformance with Planning Commission Resolution No. 2513 and as requested shall be submitted to and approved by the City Engineer and Planning Director. d. An itemized cost estimate for all on -site and off -site improvements to be con- structed (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 (except buildings) and 100% labor/material securities for all off -site improvements, shall be posted prior to final approval of plans. ix. The proposed subdivision shall conform to Municipal Code Chapter 20 - Subdivisions. X. Construct landscaped median in Sunset Avenue from Delvale Street southerly to approximately 100 feet south of the southerly line of the subject property. xi. Drainage from this site shall be conveyed underground to an existing storm drain at Sunset/Fairgrove. j. Fire Department Requirements: i. Provide a minimum of fourteen (14) steamer fire hydrants, (2 1/2" x 4" outlets) - James Jones Model 3700, at locations as specified by the Fire Department. ii. Provide a 300-foot spacing between hydrants. iii. Fire hydrants on plan shall be flushed and painted by contractor or developer before Fire Department acceptance. iv. Both hydrant outlet openings shall form a 45 degree angle with curb face. V. Center of hydrant head outlet openings to be 18" - 36" above finish grade. vi. On -site water serviceable hydrants shall be provided by developer before framing is start- ed. Hydrants, supplied with water, shall be provided as development progresses. vii. Provide access drives with a minimum 25-foot width. 0280-92/C:Plancom/TONOPAH.TTM/em Resolution No. 5-92-4074 TTM/46763/Tonopah May 26, 1992 - Page 7 viii. Provide 35-foot turning radius for pumper. ix. Interior drives shall provide circulation around complex and vehicle access within 150 feet of any building or portion thereof. • X. Provide two means of ingress/egress for development. xi. Recommend steamer hydrant on main artery street corners where commercial developments go in. This is to avoid blocking main streets. xii. Water mains and hydrants shall be installed as per City of West Covina Water Department Standards or AWWA Standards. See C600, "AWWA Standards for Installation of Cast Iron Water Mains", and AWWA Manual M17, "Installation, Operation and Maintenance of Fire Hydrants", and AWWA C503-75 "Wet Barrel Fire Hydrants". xiii. Provide minimum 8-inch looped water main to supply water to fire hydrants. xiv. Provide a minimum 1700 gpm fire flow to site. Each fire hydrant to flow a minimum 1000 gpm fire flow. Fire flow to be verified by letter from water company. xv. All interior roads shall be properly marked as fire lanes per West Covina Engineering requirements. k. Building Department Requirements: i. , Comply with all requirements of the following Codes of the City and State: a). 1988 Uniform Building Code b). 1988 Uniform Plumbing Code c). 1988 Uniform Mechanical Code d). Title 24 State of California Energy/Insulation Regulations and Handicapped Persons Standards West Covina Security Ordinance e). 1990 National Electric Code 1. Police Department Requirements: No requirements. 6. The Secretary is instructed to forward a copy of this Resolution to the applicant, Building and Safety Director and City Council, respectively, for their attention. I 0280-92/C:Plancom/TONOPAH.TTM/em Resolution No. 5-92-4074 TTM/46763/Tonopah May,26, 1992 - Page 8 I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning Commission of the City of West Covina, at a regular meeting held on the 26th day of May, 1992, by the following vote: • AYES: Connolly, Solinger and Chairperson York. NOES: Gordon and Ragan. 11 ABSENT: None. DATE: May 26, 1992 EXPIRATION DATE: May 26, 1994 if not used 0280-92/C:Plancom/TONOPAH.TTM/em Stuart York, Chairperson Planning Commission dA&/ Offf/IATA �/ 1�7 Patricia Haley, Secretafy Planning Commission