Resolution - 9621I
U
RESOLUTION NO. 9621
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP NO. 25106.
WHEREAS, there was filed with the Planning Commission a verified application,
a request for approval of a tentative parcel map to create a total of eight parcels on that
certain property generally described as:
Assessor Parcel Nos. 8451-016-026, -036, -037, -038, -040, -041, -042, -043, and
-097 as shown on the latest rolls of the Los Angeles County Tax Assessor; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the
I I" day of August, 1998, conduct a duly advertised public hearing to consider the subject
application for a tentative parcel map; and
WHEREAS, at the conclusion of said hearing, the Planning Commission voted to
direct staff to prepare a resolution with appropriate findings to deny Tentative Parcel Map
No. 25106; and
WHEREAS, on the 251h day of August, 1998, the Planning Commission adopted
Resolution No. 08-98-4520, denying Tentative Parcel Map No. 25106; and
WHEREAS, on September 3, 1998, authorized representatives of the Joseph K.
and Inez T. Eichenbaum Foundation filed a written appeal of the Planning Commission's
action to deny Tentative Parcel Map No. 25106 with the City Clerk; and
WHEREAS, the City Council, upon giving the required notice, did on the 6" day
of October, 1998, conduct a duly advertised public hearing to consider de novo the subject
application for a tentative parcel map; and
WHEREAS, studies and investigations made by the City Council and in its behalf
reveal the following facts:
The applicant is requesting approval of a tentative parcel map to approve the
subdivision of four existing commercial parcels into a total of eight commercial
parcels.
2. The project meets or exceeds all pertinent development standards of the "Regional
Commercial" (RC) Zone.
3. The project is consistent with the General Plan land use designation of "Regional
Commercial."
4. Approval of the requested tentative parcel map will not be detrimental to adjacent
properties.
5. The project has been designed in a manner sensitive to surrounding land uses.
6. Findings necessary for approval of a tentative parcel map are as follows:
a. That the proposed map is consistent with applicable general and precise
plans.
b. That the design or improvement of the proposed subdivision is consistent
with applicable general and specific plans.
C. That the site is suitable for the type of development.
Resolution No. 9621
Tentative Parcel Map No. 25106 - Eichenbaum
October 6, 1998 - Page 2
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.
8. Pursuant to the requirements of the California Environmental Quality Act of 1970
(CEQA), this project is a Categorical Exemption, Class 1 (Section 15301: Existing
Facilities), since the project consists of the operation of existing structures
involving negligible or no expansion of use beyond that previously existing. No
Environmental Impact Report or Negative Declaration is required to be filed.
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 Planning
Commission makes the following findings:
a. The proposed eight -parcel subdivision is consistent with the West Covina
General Plan and the land use designation for the site of "Regional
Commercial" given that the proposal results in no significant physical
changes to the property, and results in no significant risk of incurring any
future conflict in development patterns..
b. With the exception of some minor Building Code issues with the existing
structures, the design aspects of the proposed subdivision, including parcel
sizes and dimensions, existing restaurant and hotel development, existing
street and utility improvements, and existing grading are consistent with
the standards and requirements of the West Covina General Plan and
Municipal Code, and the existing Precise Plans of design for each parcel.
C. The site is physically suitable for commercial development, and is
presently fully developed. Moreover, the site is located within an area of
mature development wherein commercial properties have been developed
with similar and greater intensities. Precise Plans of Design have already
been approved for each lot by the City of West Covina, and the existing
development is in conformance with those Precise Plans. Additionally,
Covenants, Conditions, and Restrictions (CC&Rs) to be recorded as a
condition of approval with the map will require joint access, parking, and
maintenance of the parcels.
• d. There are no physical constraints to development of the site, which can
readily support commercial development at intensity levels authorized by
the General Plan. Moreover this map neither proposes nor directly
facilitates further development beyond that currently existing on site.
Proposed CC&Rs to be recorded with the map will allow all eight proposed
parcels to function together for access, parking, and maintenance.
e. The site is located within a mature urbanized area and is completely
developed. Moreover, the design of the subdivision largely follows
Z ACOR E SO SDM\TP M.25106
Resolution No. 9621
Tentative Parcel Map No. 25106 - Eichenbaum
October 6, 1998 - Page 3
existing property and leasehold lines, does not in itself permit or restrict the
design of any future. development, and as such cannot in itself cause
substantial environmental damage or substantially and avoidably injure
fish, wildlife or their habitat.
• f The size and design of the proposed parcels, and the design of existing
improvements are consistent with City standards and requirements, and are
typical of commercial development within the area. CC&Rs to be recorded
with the map ensure the continuing orderly operation and maintenance of
the properties. Further, the proposed design of the parcels are consistent
with the existing improvements and, thus, not anticipated to cause public
health problems.
g. The proposed subdivision does not conflict with any easements acquired by
the public. The proposed parcels are provided access from existing public
streets and from each of the other new parcels via reciprocal access
agreements which are incorporated into CC&Rs required to be recorded
with the map. The subdivision will not interfere with minor utility and
flood control easements that exist on the siie.
2. That pursuant to all of the evidence presented, both oral and documentary, and
further based on the findings above, Tentative Parcel Map No. 25106 is approved
subject to the provisions of the West Covina Municipal Code.
3. That the tentative parcel map shall not be effective for any purpose until the owner of
the property involved (or a duly authorized representative) has filed at the office of
the Planning Director, his affidavit stating he is aware of, and accepts, all conditions
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
attorneys' 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 parcel map is subject to the following conditions:
a. Comply with Tentative Parcel Map No. 25106, dated August 11, 1998.
b. Future construction shall comply with all requirements of the "Regional
Commercial" (RC) Zone and all other applicable standards of the West
Covina Municipal Code.
C. . Any and all future utilities shall be installed underground.
d. In conjunction with the recordation of the parcel map, agreements to hold
Parcels 4 and 5 as one, approved in form and content by the City Attorney,
shall be recorded. These agreements shall require that, prior to the sale of
either parcel, any and all physical improvements necessary to bring structures
• into compliance with the Universal Building Code in regards to their
proximity to property lines will be completed and final building permits from
the City acquired.
e. Prior to recordation of the parcel map, all Covenants, Conditions, and
restrictions (CC & R's) proposed to be recorded shall be submitted to the
Planning Director and City Attorney for review and approval.
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Resolution No. 9621
Tentative Parcel Map No. 25106 - Eichenbaum
October 6, 1998 - Page 4
f. Subject to approval by the State Department of Transportation (CalTrans) on
or before December 31, 1999, the applicant shall design, install, and for the
maintenance period required by CalTrans, maintain landscaping within the
freeway median area situated between Garvey Avenue North and the I-10
Freeway for the entire length of said median area immediately opposite from
• the applicant's property. Said landscaping shall be situated on CalTrans
property and shall be designed and installed to the satisfaction of CalTrans
and the Planning Director. The City shall assist the applicant in working
with CalTrans to prepare the appropriate plans and agreements. The cost to
the applicant to fulfill this condition shall not exceed $100,000. In the event
that this condition has not been fulfilled prior to approval of the final parcel
map, the applicant shall provide the City with a cash deposit, letter of credit,
or bond in the amount of $100,000 to ensure such fulfillment.
g. No later than December 31, 1999, the applicant shall, with the necessary
consent or approval of affected property owners and/or leaseholders, design,
construct, and install a common tenant directory / center identification sign as
set forth in the Covenants, Conditions, and Restrictions (CC&R's). Said sign
shall be subject to approval by the Planning Director and shall be designed in
accordance with the standards and requirements of Article VII, Chapter 26 of
the West Covina Municipal Code (Signs). An agreement shall be established
and recorded for the ongoing maintenance of said sign through the CC&R's
or other appropriate instrument as approved by the City. The cost to the
applicant to fulfill this condition shall not exceed $100,000. In the event that
this condition has not been fulfilled prior to approval of the final parcel map,
the applicant shall provide the City with a cash deposit, letter of credit, or
bond in the amount of $100,000 to ensure such fulfillment.
h. Prior to approval of the final parcel map, the applicant shall cause to be
executed and recorded the attached mutually agreeable amendment to the
declaration of covenant originally recorded on August 23, 1985 by and
between the West Covina Redevelopment Agency (Eastland Tower
Partnership as current successor -in -interest) and Joseph K. Eichenbaum,
Trustee (Joseph K. & Inez Eichenbaum Foundation as current successor -in -
interest). Said amendment provides for the termination of said covenant in
the event grantee's property (i.e. Parcel 1 of Tentative Parcel Map No.
25106) is no longer used for restaurant purposes as defined within said
amendment.
i. Building and Engineering Department requirements:
The proposed subdivision shall conform to West Covina Municipal
Code Section 20 — Subdivisions.
ii. Final building permits, if and as required in condition No. 5.d. above,
shall be issued prior to the transfer or sale of any parcel.
j. Fire Department Requirements:
None.
' k. Poli cc Department Requirements:
None.
1. Redevelopment Agency Requirements:
None.
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Resolution No. 9621
Tentative Parcel Map No. 25106 - Eichenbaum
October 6, 1998 - Page 5
6. The City Clerk shall certify as to the passage of this Resolution.
ADOPTED AND APPROVED this 6"' day o
ATTEST:
City Clerk
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES)
CITY OF WEST COVINA)
I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the
foregoing Resolution was adopted by the City Council of the City of West Covina,
California, at a regular meeting held on the 6" day of October, 1998, by the following
vote:
AYES: Herfert, Howard, Touhey, Melendez
NOES: None
ABSENT: Wong
EXPIRATION DATE:
October 6, 2000
City Clerk
APPROVED AS TO FORM:
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Cl
Recording Requested by and
When Recorded Return to:
Eastland Tower Partnership
100 N. Barranca Avenue, Suite 900
West Covina, CA 91791-1600
AMENDMENT TO DECLARATION OF COVENANT
A Declaration of Covenant was recorded on August 23, 1985 providing
certain parking spaces within a portion of the Parking Structure
directly accessible from Grantee's Property.
Grantee's Property has been and is still used as a restaurant, and
the mutual intent in the granting of the Covenant was that the
parking be available only as long as Grantee's Property continues
the present restaurant use.
The Amendment restates the initial. Covenant with the intent
expressed above and in addition provides for the termination of the
Covenant in the event Grantee's Property is no longer used for
restaurant purposes, as further defined'in this Amendment.
DECLARATION OF COVENANT
This Agreement made this day of , 199_ by and
between Eastland Tower Partnership as successor -in -interest to the
West Covina Redevelopment Agency, hereinafter referred to as
"Grantor," and the Eichenbaum Foundation as successor -in -interest
to Joseph K. Eichenbaum, Trustee under Declaration of Trust for
Joseph K. and Inez W. Eichenbaum dated December 12, 1975, as
amended and restated, hereinafter referred to as "Grantee."
RECITALS
WHEREAS, Grantee is the owner of certain real property, hereinafter
referred to as the "Grantee's Property," located in said City,
County, and State adjacent to the Servient Tenement (described as
Parcels 1 and 2 before and after Parcel Map);
NOW, THEREFORE, in consideration of the foregoing, and for other
good and valuable consideration, receipt of which is hereby
acknowledged:
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Grantor hereby covenants, agrees, and promises that for as long as
Grantee's Property is used for restaurant purposes, those parking
spaces within that portion of the Parking Structure directly
accessible from the Grantee's Property shall remain available for
use by the public on a non-exclusive basis from 5 P.M. to 2 A.M.
seven (7) days a week free of charge for as long as the Parking
• Structure remains in existence and operation. This covenant shall
run with the land for the period set forth above and shall be
binding upon Grantor and its grantees, successors, and assigns.
If at any time Grantee's Property ceases to be used for restaurant
purposes as defined herein, this covenant shall become null and
void, and Grantee shall execute and deliver to Grantor a quitclaim
deed, quitclaiming all right, title and interest to this
Declaration of Covenant and Amendment thereto.
For the purposes of this Amendment, the term "restaurant purpose"
or "restaurant use" shall mean a use of the Foundation property or
any portion thereof as a restaurant equivalent to the existing,
sit-down, indoor immediately adjacent restaurant in operation as of
October 6, 1998.
IN WITNESS WHEREOF, reserving any and all rights, Grantor and
Grantee have executed this Agreement.
GRANTOR
EASTLAND TOWER PARTNERSHIP
GRANTEE
EICHENBAUM FOUNDATION
BY:
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