Resolution - 9305RESOLUTION NO. 9305
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, DENYING TENTATIVE TRACT MAP NO.
52117. (South Hills Homes Partnership - Sunrise Road at Hillside
Drive)
WHEREAS, there was filed with the City, a verified application on the forms
40 prescribed in Chapter 26, Article VI of the West Covina Municipal Code, requesting
approval of a tentative tract map on that certain property generally described as
follows:
Lots 17 through 23 inclusive, of Tract No. 33656, in the City of West
Covina, County of Los Angeles, State of California as shown on map
filed in Book 979, Pages 5 through 9 inclusive of maps, together with
sunrise road as shown on said tract, said maps in the office of the
County Recorder of said county; and
WHEREAS, the proposed tentative tract map for condominium purposes,
consists of seven residential lots and one open space lot for private street purposes;
and
WHEREAS, the proposed tentative tract map for condominium purposes, does
not propose new residential units, a change in the density of development, nor a
change in the type of development; and
WHEREAS, the proposed tentative tract map is being requested primarily to
facilitate the conversion of the public street into a private street andto allow for the
installation of a fence and security gate system across the street, thereby creating a
private, gated community.
WHEREAS, the Planning Commission conducted a public hearing on the
application on January 23, 1996, at which time the Commission received public
testimony; and
WHEREAS, based upon the public testimony received at the public hearing the
Planning Commission found that the proposed subdivision would result in an
undesirable change of character of the residential neighborhood by segregating
portions of a single-family residential, custom home, development; and
WHEREAS, the Planning Commission found that the approval of the proposed
tentative tract map could result in a deterioration of the established sense of
community; and
WHEREAS, on March 4, 1996, the applicant appealed the Planning
Commission's decision to the City Council; and
WHEREAS, the appeal hearing was scheduled for consideration at the April 2,
1996, City Council hearing but was continued to the meeting of May 7, 1996, based
on a request by the applicant; and
WHEREAS, the City Council of the City of West Covina, has considered the
evidence presented by the Planning Department, the Planning Commission, and other
• interested parties at said public hearing; and
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South Hills Homes Partnership
Tentative Tract Map No. 52117
May 7: 1996 - Page 2
WHEREAS, the oral and documentary evidence considered in connection with
the application reveal the following facts:
1. The proposed subdivision would result in an undesirable change of
character of the residential neighborhood by segregating portions of a
single-family residential, custom home, development.
2. The approval of the proposed tentative tract map could result in a
deterioration of the established sense of community.
3. Findings necessary for approval of a tentative tract 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 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.
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. The
Planning Commission may approve a map if it finds alternate
easements will be provided if substantially equivalent to
previously acquired easements by the public.
4. This project is a Categorical Exemption pursuant to Section
15301, Class 1 (Existing Facilities) of the California
Environmental Quality Act of 1970, as amended, in that it
involves the conversion of seven existing single-family residential
lots into condominium lots without any significant change to the
physical development of the site.
WHEREAS, on the basis of the evidence presented, both oral and
documentary, for Tentative Tract Map No. 52117, the City Council finds that
the following findings cannot be made for approval:
a. The proposed tentative tract map is not consistent with applicable general
• and specific plans in that it will alter the character of the neighborhood,
which undermines one of the primary goals of the Land Use Element of
the city's General Plan. The Land Use Element goal is to "preserve the
essential residential character of West Covina- A City of Beautiful Homes".
The proposed map will result in the creation of a gated community within
the larger single-family residential neighborhood, thus altering the general
character of the neighborhood and setting a precedent for the future
which would further erode the sense of a neighborhood within the
community.
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South Hills Homes Partnership
Tentative Tract Map No. 52117
May 7. 1996 - Page 3
b. The design or improvement of the proposed subdivision is not consistent
with applicable general and specific plans. The applicant is requesting
approval of a tentative tract map for condominium purposes to allow for
conversion of Sunrise Road from a public to private street. The objective
is to facilitate the installation of a fence and security gate system across
the street right-of-way. The creation of a private street is allowed through
the approval of a tentative tract map for condominium purposes as
provided for in Planning Commission Resolution No. 9-89-3768 (Private
Streets). However, the creation of the private street and proposed fence
and gate, will alter the character of the neighborhood by creating a gated
community that will result in the physical and social division of the
neighborhood which is in conflict with the goals and policies of the City's
Land Use Element of the General Plan. Specifically, the character of the
development will be in conflict with the goal to "preserve the essential
residential character of West Covina- A City of Beautiful Homes".
C. The site is not physically suitable for the proposed type of development
given the low density of development within the rolling landscaped hillside
that exists in the vicinity of the subject site. The proposed subdivision
consists of an 8-lot subdivision for condominium purposes. The
condominium subdivision is not intended to allow for a significant change
in the physical development of the site. The existing residences are
intended to remain and no new units are proposed beyond that currently
allowed by code. The subject site and surrounding residential
neighborhood was developed in the early 1980's with single-family
residential homes at a maximum density of one unit per acre. Upon
receiving citizen input and considering the information presented by
Planning Department Staff, the Commission has determined that the
approval of the proposed subdivision for the purpose of creating a gated
community within an established residential neighborhood, could result in
the deterioration of the sense of community that currently exists in the
vicinity of the subject site. The approval to gate off one cul-de-sac could
set an undesirable precedent that could result in a further deterioration of
the sense of community. Therefore, the proposed subdivision is not
consistent with the goals and policies of the General Plan which puts
forth the goal to "Preserve the essential residential character of West
Covina - A City of Beautiful Homes."
NOW THEREFORE, the City Council of the City of West Covina, California, does
resolve as follows:
SECTION NO. 1: That pursuant to all of the evidence presented, both oral
and documentary, and further based on the failure to make the required
findings above, the City Council affirms. the decision of the Planning
Commission and Tentative Tract Map No. 52117 is denied.
SECTION NO. 2: The City Clerk shall certify to the passage of this
resolution.
• PASSED -AND APPROVED THIS 7th day of May, 1996
/0
" -
Mayor
ATTEST:
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•
South Hills Homes Partnership
Tentative Tract Map No. 52117
May 7. 1996 - Page 4
City Clerk
STATE OF CALIFORNIA 1
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA 1
I Janet Berry, City Clerk of the City of West Covina, do hereby certify that the
foregoing resolution was adopted and passed at a regular meeting of the City Council
on the 7th day of May, by the following vote.
AYES: Herfert, Manners, McFadden, Touhey
NOES: Wong
ABSENT:- None
DATE: May 7, 1996
APPROVED AS TO FORM:
City Attorney
J
City Clerk
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