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Resolution - 2006-76RESOLUTION NO. 2006-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DENYING TENTATIVE TRACT MAP NO. 63638 ON APPEAL OF PLANNING COMMISSION ACTION TENTATIVE TRACT MAP NO. 63638 •NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Thanh Kevin Lam and Jack Lee LOCATION: 1007 S. Orange Avenue WHEREAS, there was filed with this Council a verified application on forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code, a request for approval of a tentative tract map to subdivide subdivide the 1.08-acre site into 4 single-family residential on that certain property described as: Assessor's Parcel Nos. 8468-008-034, in the records of the Los Angeles County Assessor; and WHEREAS, the proposed tentative tract, with an overall density of 3.7 dwelling units per acre, is consistent with the proposed General Plan designation and zoning classification of the site; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 81h day of August, 2006 conduct a duly advertised public hearing as prescribed by law; and WHEREAS, the Planning Commission did adopt Resolution No. 05-5153 approving the application; and WHEREAS, on August 18, 2006, an appeal of the Planning Commission action was filed by Carole Reyes; and WHEREAS, the City Council did, on the 51h day of September, 2006, conduct duly advertised public hearings 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 the City Council and in its behalf reveal the following facts: The applicant is requesting approval of a tentative tract map to allow the subdivision of 1.08 acres into four single-family lots for housing purposes. 2. Findings necessary for approval of a tentative tract 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 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. I. That the design of the subdivision or the type of improvements are not likely to cause serious public health problems. Resolution No. 2006-76 September 5, 2006 • 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. 3. 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: C. The site consists of a 1.08-acre lot surrounded by residential homes on all sides. The creation of a cul-de-sac with a private street and subdivision results in the approval of lots that are not physically suitable for this type of development as compared to neighboring properties. 2. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, the tentative tract map is denied subject to the provisions of the West Covina Municipal Code. PASSED AND APPROVED on this 5`h day September 2006. Mayor teve ierfe t ATTEST: City Clerk Lauri✓ 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 5`h day of September 2006, by the following vote of the City Council: AYES: Lane, Sanderson, Herfert NOES: None ABSTAIN: Touhey ABSENT: Hernandez EXPIRATION DATE: September 5, 2008 if not used. APPROVED AS TO FORM: 14& A -)Z- I City Attomey old Alvarez-Glasman