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Resolution - 2006-22RESOLUTION NO.2006-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DENYING AN EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 53667 ON APPEAL OF PLANNING COMMISSION ACTION • APPEAL OF EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 53667 GENERAL EXEMPTION APPLICANT: South Hills Home Partnership LOCATION: Inspiration Point, south of Hillside Drive WHEREAS, a request was made to extend a tentative tract map as prescribed in the Subdivision Map Act, requesting the extension of a tract map to: Allow the realignment of property lines within a 36-lot tract, vacate the public street known as Inspiration Point, and allow the street to be gated on that certain property described as: Assessor's Parcel Nos. 8493-055-001 through 849-055-010 and 8493-056-001 through 8493-056-027, as listed in the records of the office of the Los Angeles County Assessor; and WHEREAS, the Planning Commission did on the 14`h day of February, 2006, consider the requested extension; and WHEREAS, the Planning Commission did deny the requested extension on a 5-0 vote; and WHEREAS, on February 23, 2006, an appeal of the Planning Commission action was filed by South Hills Home Partnership; and WHEREAS, the City Council did, on the 21s` day of March, 2006, 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 third one-year extension on a revision to a tentative tract map approved by the Planning Commission on January 29, 2002. 2. The revision to the tract map allows for the realignment of property lines on the 36—lot tract and converting the street to a gated, private street. 3. The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the proposed action consists of a code amendment which does not have the potential for causing a significant effect on the environment. • NOW, THEREFORE, the City Council of the City of West Covina does resolve as follows: SECTION1. On the basis of the evidence presented, both oral and documentary, the City Council makes the following findings: a. The Tentative Tract Map was originally approved January 29, 2002, and was twice extended through Jan 29, 2006. The applicant has been given sufficient time to record a final map. The expiration of the tentative map is the result of lack of diligence by the applicant. Resolution No. 2006-22 March 21, 2006 • b. The proposed revision to the tentative tract map is not appropriate as it physically divides the area by creating a gated community on a private street in the middle of a neighborhood of public streets. c. The proposed revision of the tentative tract map may cause inconsistent maintenance of the street, curb and gutter. Because the: street would be a private street, the City would have little authority over the maintenance of the street and vehicular gate. PASSED AND APPROVED on this 21s` day March 2006. �G Mayor Shelley Sanderson ATTEST: ty Clerk La e 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 21" day March 2006, by the following vote of the City Council: AYES: Herfert, Lane, Touhey, Sanderson NOES: Hernandez ABSENT: None ABSTAIN: None City Clerk uric Carrico EXPIRATION DATE: March 21, 2007 if not used. APPROVED AS TO FORM: 27� * 794 — City ttorney Arnold lvarez-Glasman 1` \`,.