Resolution - 2005-73RESOLUTION NO. 2005-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO.
62858 ON APPEAL OF PLANNING COMMISSION ACTION
•TENTATIVE PARCEL MAP NO. 62858
CATEGORICAL EXEMPTION
APPLICANT: Alfonso & Mary Diaz
LOCATION: 1125 S. Willow Avenue
WHEREAS, there was filed with this Commission, 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 a 20,508-square foot parcel into two single-family residential parcels,
on that certain property described as:
Assessor's Parcel No. 8468-001-014, as listed in the records of the office of the Los Angeles
County Assessor; and
WHEREAS, the Planning Commission upon giving the required notice did on the 251h day
of October, 2005, conduct duly advertised public hearings as prescribed by law to consider said
application; and
WHEREAS, consistent with this request, the applicant has requested a General Plan
amendment from "Service & Neighborhood Commercial" to "Low Medium Residential" (4.1 to
8.0 dwelling units per acre); and
WHEREAS, the Planning Commission did adopt Resolution No. 05-5070 recommending
denial of the General Plan amendment and Westside Area Plan amendment; and
WHEREAS, the Planning Commission did adopt Resolution No. 05-5071 denying the
tentative parcel map; and
WHEREAS, on October 28, 2005, an appeal of the Planning Commission action was
filed by Alfonso and Mary Diaz; and
WHEREAS, the City Council did, on the 15`h day of November, 2005, conduct a duly
advertised public hearing as prescribed by law, and considered evidence presented by the
Planning Commission, Planning Department, and other interested parties; and
WHEREAS, studies and investigations made by this City Council and in its behalf reveal
the following facts:
1. The applicant is requesting the approval of a tentative parcel map to subdivide a 20,508-
square foot lot into two single-family residential lots on property zoned "Single -Family
Residential" (R-1), Area District I.
is2. The project is consistent with the subject site's proposed General Plan land use
3. Findings necessary for approval of a tentative parcel map:
a. That the proposed map is consistent with applicable general.
b. That the design or improvements of the proposed subdivision is consistent with
applicable general and specific plans.
Resolution No. 2005-73
November 15, 2005
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C. That the site is 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.
4. Pursuant to the California Environmental Quality Act (CEQA), the proposed project is
considered to be categorically exempt (Class 15, Section 15315 — Minor Land Divisions)
in that it consists of a subdivision of a certain property in an urban area into two parcels.
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:
a. The proposed two -parcel subdivision is consistent with the General Plan
designation of "Low Medium Residential' (4.1-8.0 units per acre) given that the
proposed density of 4.2 units per gross acre complies with the density proposed to
be prescribed in the General Plan. Moreover, the proposed parcel dimensions are
consistent with the zoning standards and similar to other lots within the
neighborhood.
b. The proposed design results in two lots, each of which meets all the requirements
of the Municipal Code for "Single -Family Residential' (R-1), Area District 1.
Future improvements of the lots will be subject to the regulations of the West
Covina Municipal Code.
C. The site is physically suitable for residential development with lot sizes in excess
of the requirements for the "Single -Family Residential' (R-1), Area District I.
Adjacent parcels have been developed at similar lot sizes. The site is relatively
level and will accommodate single-family houses in compliance with all
development standards.
d. The proposed subdivision design results in two rectangular lots, each of which
contains at least 20 feet of street frontage and adequate automobile access. There
are no topographical or biological constraints to development known. Thus there
are no physical constraints to development of the site, which can readily support
residential development at the proposed density level.
e. The site is located within a mature urbanized area and currently has a single -story,
single-family house with a detached garage. The design of the subdivision creates
two separate parcels and permits a single-family dwelling on each lot. This
project will not cause substantial environmental damage or substantially and
avoidably injure fish, wildlife or their habitat.
f. The size and design of the proposed parcels, namely the creation of two single-
family residential lots of 7,504 square feet and 13,004 square feet, is not expected
to create any 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
will not conflict with any existing easements.
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Resolution No. 2005-73
November 15, 2005
2. That pursuant to all of the evidence presented, both oral and documentary, and further
based on the findings above, this Tentative Parcel Map No. 62858 is approved.
3. That the tentative parcel 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
conditional use permit 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 a tentative parcel map is subject to the following conditions:
a) Comply with plans reviewed by the City Council on November 15, 2005.
b) The proposed house plans shall be reviewed by the Planning Department Sub -
Committee prior to submission for plan check.
c) Comply with all requirements of the "Single -Family Residential" (R-1), Area
District I and all other applicable standards of the West Covina Municipal Code.
d) Any and all future utilities shall be installed underground.
e) The approval of this Tentative Parcel Map shall be valid for 24 months. The
applicant may apply for a 12-month extension based on the Subdivision Map Act.
f) Recordation of the Final Map with the Los Angeles County Recorder shall be
required prior to the issuance of a building permit for new houses.
g) That any proposed change to the approved tentative tract map shall be reviewed
by the Planning, Public Works, Fire and Police Departments, and the written
authorization of the Planning Director shall be obtained prior to implementation.
h) The applicant shall sign an affidavit accepting all conditions of this approval.
i) Garages shall incorporate a minimum interior clear space of 20 feet by 20 feet.
j) Comply with all applicable sections of the West Covina Municipal Code.
k) The location of the electrical transformers and other mechanical equipment shall be
approved by the Planning Director prior to issuance of the grading permit.
1) The developer shall comply with all requirements of the Los Angeles County
Sanitation District.
m) All new utilities shall be placed underground prior to issuance of Certificate of
Occupancy. All relocated on -site utility service lines shall be underground when
the cost or square footage of an addition or alteration exceeds 50% of the existing
value or area. (WCMC 23-273).
n) That any proposed change to the approved tentative parcel map shall be reviewed
by the Planning, Public Works, Fire and Police Departments, and the written
authorization of the Planning Director shall be obtained prior to implementation.
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Resolution No. 2005-73
November 15, 2005
o) The applicant shall indemnify, hold harmless and defend the City Of West Covina
(City), its agents, officers, and employees from any claim, action, proceeding or
damages against the City, its agents, officers, or employees to attack, set aside,
void, or annul the approval by the City of this case file. Further, the applicant
shall indemnify, hold harmless and defend the City Of West Covina (City), its
agents, officers, and employees from any claim, action, proceeding or damages
against the City, its agents, officers, or employees arising out of the action,
inaction or negligence of the applicant, its employees, officers, agents,
contractors, subcontractors, successors or assigns in planning, engineering,
constructing or in any manner carrying out the project or any improvements
required for the project. The indemnity shall be contained in a written document
approved by the City Attorney.
p) All existing trees shall be shown on the grading plans.
q) The proposed subdivision shall conform to West Covina Municipal Code Chapter 20
— Subdivision.
Engineering Division Requirements:
r) Comply with all conditions contained in Planning Commission Resolution No.
567.
s) Sanitary sewers shall be provided to each "lot" in compliance with Municipal
Code Chapter 23, Article 2, and to the satisfaction of the City Engineer.
t) The required street improvements shall include that portion of Willow Avenue
contiguous to subject property.
u) Five-foot wide sidewalk with trees in tree wells shall be constructed along Willow
. Avenue adjacent to curb.
v) Adequate provision shall be made for acceptance and disposal of surface drainage
entering the property from adjacent areas.
w) 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.
x) 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 Department and Engineering Division.
b) Arrangements for the installation of streetlights with underground wiring
shall be made with Southern California Edison Company. At the time of
installation, the applicant shall provide the necessary trenching and
backfill. Submit two sets of the subdivision and/or development plans to
the Engineering Division, Traffic and Lighting Section, to be used for
designing the street lighting system.
c) An itemized cost estimate for all on -site and off -site improvements to be
constructed (except buildings) shall be submitted to the Engineering
Division for approval. Based upon the approved cost estimates, required
fees shall be paid and improvement securities for all on -site and off -site
improvements (except buildings) and 100% labor/material securities for
all off -site improvements shall be posted prior to final approval of the
plans.
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Resolution No. 2005-73
November 15, 2005
y) The proposed subdivision shall conform to West Covina Municipal Code Chapter
20 - Subdivisions.
z) Comply with all regulations of the Los Angeles Regional Water Quality Control
Board and Article H of Chapter 9 of the West Covina Municipal Code concerning
Stormwater/Urban Run-off Pollution control.
• aa) A park dedication in -lieu fee shall be paid to the City of West Covina prior to
approval of final subdivision map.
Fire Department Requirements:
bb) Provide a note on the plans indicating that any structure in excess of 150 feet from
a water supply required for fire protection, measured to the rear of the structure,
must be provided with an additional on -site fire hydrant. In accordance UFC,
Section 103.1.2, residential sprinklers, may be accepted as an alternative means of
protection. A minimum of 3 sets of drawings must be submitted separately to the
Fire Department for review and approval. Drawing approval must be obtained
before work begins. UFC. Section 903.
cc) An acceptable substitution for Note 1. could be a Fire Department access road.
Plans shall be submitted for review and approval prior to construction. Access
roads shall have an unobstructed width of not less than 20 feet and an
unobstructed vertical clearance of not less than 13 feet 6 inches. All parts of the
buildings exterior wall shall be within 150 feet of an approved fire department
access road. UFC, Section 901.
dd) If installed, gated access to the property is required to have a card reader installed
which will open the gate automatically, for emergency personnel, with a master
card.
cc) All Fire Department fees shall be reviewed, approved and paid at Fire
Administration (if there is a balance) before construction final or issuance of
temporary occupancy.
o Plan Review
o Expedite plan review or inspections
o Fire protection inspections in excess of 2 inspections.
o All construction inspections
o Non -Compliance fees
o Additional accumulated fees related to the above item.
Building Division Requirements:
ff) All Conditions of Approval as approved by the Planning Commission shall appear
as notes on the plans submitted for building plan check and permits.
gg) The area appears to me in an area mapped by the California Division of Mines
and Geology as having potential for seismic induced landslide/liquefaction. A
soils and geology report is required to address the potential for and mitigation
measures of any seismic induced landslide/liquefaction.
hh) Sanitation District Industrial waste approval or waiver is required. (310) 945-8200
ii) The minimum required driveway width is 12 feet.
is The
Each lot shall drain separately to the street. No cross lot drainage is permitted.
The existing driveway does not appear to comply.
kk) Clarify and specify the setback distance from the existing patio to the proposed
property line. Will the Patio be modified to comply? If so it shall be done prior
to recordation of the map.
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Resolution No. 2005-73
November 15, 2005
11) Existing concrete driveway approach shall be removed and a new approach
installed per City standards.
mm) Show any and all easements and use of easement.
nn) Provide adequate back up for all garages.
• oo) The new garage shall be built and finaled prior to demolition of the carport.
pp) The Carport shall be demolished prior to recordation of the final map.
qq) Final map shall be recorded prior to the issuance of any foundation or building
permit.
rr) All new on -site utility service lines shall be placed underground.
PASSED AND APPROVED on this 15"' day November 2005.
Mayor Shelley Sanderson
ATTEST:
— jwl�,,yi /L - L.; �_
Ci y Clerk Laurie Carrico
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing resolution was duly adopted by the City Council of the City of West Covina,
California, at a regular meeting thereof held on the 15`h day of November 2005, by the following
vote of the City Council:
AYES:
Herfert, Hernandez, Miller, Wong, Sanderson
NOES:
None 0
ABSENT:
None
ABSTAIN:
None /IA ^
'City Clerk Laurie Carrico
APPROVED AS TO FORM:
4 &AS 7-n 4 `_—
City ttome; Arno d Alvarez-Glasman
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