Resolution - 9694RESOLUTION NO. 9694
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION
AND APPROVING TENTATIVE PARCEL MAP NO.25328.
• WHEREAS, there was filed with this Council a verified application on the forms prescribed
in Chapter 26, Article VI of the West Covina Municipal Code, requesting approval of a tentative
parcel map to:
Subdivide an existing property zoned "Office -Professional" (O-P), "Multiple -Family
Residential" (MF-20) and "Specific Plan No. 4" (SP-4) into two parcels in the "Office -
Professional" (O-P), "Multiple -Family Residential" (MF-20), and "Specific Plan No. 12"
(SP-12) Zones.
on that certain property described as:
Assessor's Parcel No. 8443-002-009, in the records of the Los Angeles County
Assessor; and
WHEREAS, the Planning Commission, at a duly authorized public hearing on the 27"'
day of April, 1999, at which time the hearing was continued to May 11, 1999; and
WHEREAS, on May 11, 1999, the Planning Commission did approve Resolution No. 05-
99-4548 approving Tentative Parcel Map No. 25328; and
WHEREAS, on May 19, 1999, USA Properties Fund, Inc., filed an appeal of the
Planning Commission's May 11, 1999 action to the City Council regarding certain timing issues
relating to approval of the precise plan, the conditional use permit, and the tentative parcel map;
and
WHEREAS, this appeal has been noticed as required by the West Covina Municipal
Code (WCMC) and other laws for modification of a tentative parcel map; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
1. The applicant is requesting approval of a tentative parcel map to allow the subdivision of an
existing property zoned "Office -Professional" (O-P), "Multiple -Family Residential" (MF-
20) and "Specific Plan No. 4" (SP-4) into two parcels in the "Office -Professional" (O-P),
"Multiple -Family Residential" (MF-20), and "Specific Plan No. 12" (SP-12) Zones.
2. The proposed tentative parcel map meets or exceeds the development standards of the
"Office -Professional" (O-P), "Multiple -Family Residential" (MF-20), and "Specific Plan
No. 12" (SP-12) Zones.
3. The project is necessary to complete the orderly subdivision of properties and construction
of public improvements in the neighborhood.
4. The project has been designed in a manner sensitive to surrounding land uses.
• 5. The project will not be detrimental to adjacent properties.
6. The project is consistent with the subject site's land use designations of "Office," "Medium -
High Residential" (15.1-20 DU/Acre), and "Planned Development" as stated in the West
Covina General Plan.
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City Council Resolution No. 9694
Tentative Parcel Map No. 25328
June 1, 1999
Page 2 of 5
7. Appropriate findings for approval of a tentative parcel 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 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 (CEQA) of 1970,
a NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT has been prepared
indicating that although the project could have a significant effect on the environment, there
will not be a significant effect due to mitigating measures.
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, for Tentative Parcel
Map No. 25328, the City Council makes the following findings:
a. The proposed map is consistent with the West Covina General Plan in that the
proposed residential project results in a density of 26.5 dwelling units per acre.
The resulting density, while accounting for development incentives associated
with the establishment of senior adult affordable housing assists in meeting the
goals of the Housing Element of the General Plan to provide a variety of housing
the City's residents and to provide units within the target identified for low-
income housing opportunities.
b. The design or improvement of the proposed subdivision is consistent with
applicable general and specific plans in that the proposal completes the logical
pattern of land division. The proposed subdivision will not serve to confer any
new or additional development rights to the property beyond those that presently
exist. All design aspects of the proposed subdivision are consistent with the
standards and requirements of the West Covina General Plan and Municipal Code
and the proposed specific plan.
C. The gross area of the site is approximately 8.917± acres and has a gentle cross-
1 slope of approximately nine feet from the northeast corner of the property to the
southwest (less than 1 % grade). The proposal meets or exceeds all development
standards (such as: minimum lot area, frontage and depth) related to the
establishment of newly formed properties in each the "Office -Professional" (O-P),
"Multiple -Family Residential" (MF-20) and "Specific Plan No. 12" (SP-12)
Zones. Further, adequate provisions for sufficient land area have been dedicated
within each parcel to accommodate development and preserve setbacks, lot area
and minimum lot dimension requirements that would result in a completed project
that is consistent with surrounding properties. Therefore, the site is physically
suitable for the type of development.
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City Council Resolution No. 9694
Tentative Parcel Map No. 25328
June 1, 1999
Page 3 of 5
d. The gross area of the site is approximately 388,438± square feet (8.917± acres)
which allows for the proposed net land area at: Parcel 1 of 1.816± acres and for
Parcel 2 of 7.101± acres. The resulting density is 26.5 dwelling units per acre for
the proposed development. The density is consistent with the West Covina
General Plan "Planned Development" land use designation when accounting for
• development incentives associated with the establishment of a senior adult
affordable housing project. Further, sufficient land area is proposed for the
maintenance of setbacks for the existing buildings on the site. Therefore, the site
is physically suitable for the proposed density of development.
e. The subject property is located within an urbanized residential neighborhood and
is an infill parcel that was previously developed as a school site. Since the
property is surrounded by residential development, it does not provide migratory
linkage habitat for wildlife. Further, since there is no water course on the property,
it will not be injurious to fish. Therefore, the design of the subdivision is not
likely to cause substantial environmental damage or substantially and avoidably
injure fish, wildlife or their habitat.-
f. The proposed subdivision is an infill development of an existing previously
developed parcel. The_ project is thus not anticipated to cause serious public
health problems.
g. The proposed map does not conflict with any easements acquired by the public.
Access to Parcel 1 is completely provided from public right-of-ways and Parcel 2 is
primarily served from the Badillo Street public right-of-way with secondary access
provided across a reciprocal access easement located on the southern edge of the
hospice property.
2. That pursuant to all of the evidence presented, both oral and documentary, and further
based on the findings above, the decision of the Planning Commission is upheld and
Tentative Parcel Map No. 25328 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 plan 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 City Planner, before the use or occupancy of the
property is commenced and before the Certificate of Occupancy is issued, and the
violation of any of which shall be grounds for revocation of said tentative parcel map by
the Planning Commission or City Council.
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 City
Planner, his affidavit stating he is aware of, and accepts, all conditions of this tentative
parcel 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
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 pursuant to all of the evidence presented, both oral and documentary, and further based
on the findings above, Tentative Parcel Map No. 25328 is approved subject to the following
conditions:
a. Comply with Exhibits 1 and 21, dated May 11, 1999.
b. Approval of this tentative parcel map is contingent upon certification of the
associated Negative Declaration of Environmental Impact by the City Council.
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City Council Resolution No. 9694
Tentative Parcel Map No. 25328
June 1, 1999
Page 4 of 5
C. Comply with the development standards of the "Specific Plan No. 12" (SP-12)
Zone and all applicable provisions of the West Covina Municipal Code.
d. That any proposed change to the approved tentative parcel map be reviewed by
• the Planning, Building, and Engineering Divisions, the Fire and Police
Departments and the Redevelopment Agency and that the written authorization of
the City Planner shall be obtained prior to implementation.
e. Recordation of Final Parcel Map with the Los Angeles County Recorder shall be
required prior to issuance of building permits for Parcel 2.
£ The applicant shall sign an affidavit accepting all conditions of this approval.
g. The proposed subdivision shall conform to West Covina Municipal Code Chapter
20 - Subdivisions.
h. Concurrent with or prior to recordation of the final parcel map, a covenant and
agreement shall be recorded with the County of Los Angeles Registrar/Recorder's
permanently providing a reciprocal access easement between Parcels 1 and 2.
2. That the City Clerk shall certify to the adoption of this resolution.
3. This action by the City Council is final. The appellant may challenge it in a court action
filed within the time frames allowed by law.
ADOPTED AND APPROVED this I` day of June, 1999.
ayor
-- City Clerk
Expiration Date
June 1, 2001
If not used.
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•
City Council Resolution No. 9694
Tentative Parcel Map No. 25328
June 1,1999
Page 5 of 5
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, at a regular meeting held
on the 1" day of June, 1999 by the following vote, to wit:
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
ABSENT: None
APPROVED AS TO FORM:
City Attorney
Attorney
U �
City C ' c
CAWlNDOWS\TEMP\Badillo St E 1950 (TPM Reso.01).doc