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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. CIWIND0WS\TEMP\Badi110 St E 1950 (TPM Reso.01).doc 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. C:\WINDOWS\TEMP\Badillo St E 1956 JPM Reso.01).doc 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. C:AWINDOWS\TEMP\Badillo St E 1950 (TPM Reso.01).doc 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. C:AWIND0WS\TEMPVl3adillo St E 1950 (TPM Reso.01).doc • 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