Resolution - 2017-43RESOLUTION NO. 2017-43
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. 72097 ON APPEAL OF PLANNING COMMISSION ACTION
TENTATIVE PARCEL MAP NO. 72097
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: Peter Young
LOCATION: 3501 E. Cameron Avenue (APN 8277-047-005)
WT-1EREAS, there was filed with this City 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 1.02 acre site into two single-family lots on that certain property
described as:
Assessor's Parcel Number 8277-047-005 in the records of the Los Angeles County
Assessor; and
WHEREAS, concurrent with this application a variance has been requested to allow the
creation of parcels that vary from the requirements of the Municipal Code with relation to lot
width; and
WHEREAS, the Planning Commission did on the 28 th day of February, 2017, conduct a
duly advertised public hearing to consider the subject application, at which time the Planning
Commission adopted Resolution Nos. 17-5847, 17-5848 and 17-5849 approving the tentative
parcel map, mitigated negative declaration and variance; and
WHEREAS, on March 9, 2017 an appeal of the Planning Commission action was filed by
P.K. Selarieffer LLP; and
WHEREAS, the City Council, upon giving the required notice, did on the 20 th day of June,
2017 conduct a duly advertised public hearing as prescribed by law, and considered evidence
presented by the Planning Commission, Planning Department, State of California Department of
Fish and Wildlife, and other interested parties.
WHEREAS, studies and investigations made by this City Council and in its behalf reveal
the following facts:
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Tentative Parcel Map No. 72097
June 20, 2017 - Page 2
1. The applicant is requesting the approval of a tentative parcel map to subdivide a
1.02 Acre property into two lots as follows: Parcel 1 (21,334.12 sq. ft.), and
Parcel 2 (23,170.01 sq. ft.). The property is located in Area District IV.
2. 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.
3. Pursuant to the requirements of the California Environmental Quality Act
(CEQA) of 1970, a MITIGATED 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. 72097, the City Council makes the following findings:
a. The proposed map is consistent with the "Neighborhood Low" land use
designation of the West Covina General Plan in that the proposed residential
project results in the development of residences at a density of 5.36 dwelling units
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Tentative Parcel Map No. 72097
June 20, 2017 - Page 3
per acre (overall). The "Neighborhood Low" designation allows densities of up to
8.0 dwelling units per acre.
b. The proposed design results in two lots, each of which meets the requirements of
the Municipal Code for "Single-Family Residential" (R-1), Area District IV Zone
with the exception of lot width and side yard setbacks. Future improvements of
the lots will be subject to the regulations of the West Covina Municipal Code.
c. The site consists of a 1.02-acre lot surrounded by residential homes on all sides.
Adequate provisions have been incorporated into the design to accommodate the
required development standards for single-family houses. The site has access
from Cameron Avenue.
d. The proposed subdivision design results in two rectangular shaped lots, each of
which contains at least 20 feet of street frontage with adequate automobile access.
The rear lot is a flag lot that includes access to Cameron Avenue by a 20 foot wide
extension. There are no known topographical or biological constraints to
development. 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 consists of a 1.02-acre parcel that is currently developed with a single
family residence and includes several trees. There are no known endangered,
threatened or rare species or habitats, or designated natural communities, wetlands
habitat, or wildlife dispersal or migration corridors present on site.
f. The proposed map and improvements will have access to a public sanitary sewer
system for the removal and disposal of wastewater, and to other necessary utility
services. The site will be developed in accordance with the standards of the
Public Works Department, the Municipal Code, the Uniform Building Code and
other applicable requirements.
g. There are no known easements on the property that would be affected by
implementation of the proposed project. Access to the site will be provided via
Cameron Avenue.
2. That pursuant to all of the evidence presented, both oral and documentary, and further based
on the findings above, the City Council approves the tentative parcel map 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 Planning Director, 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
map by the Planning Commission or City Council.
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Tentative Parcel Map No. 72097
June 20, 2017 Page 4
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 Planning
Director, his affidavit stating he is aware of and accepts, all conditions of this 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. 72097 is approved subject to the following
conditions:
a. Comply with tentative parcel map reviewed by the City Council on June 20, 2017.
b. Comply with the development standards of "Single-Family Residential" (R-1)
Zone, Area District IV and all applicable provisions of the West Covina Municipal
Code.
c. Submit fence and wall plan constructed of decorative block or wood for review
and approval prior to the issuance of building permits.
d. A fence or wall shall be constructed along the westerly property line adjacent to the
Quail Valley Lane (a private street) to the satisfaction of the Planning Director.
e. The houses on the properties shall be constructed as approved by the City Council
unless alternative plans are submitted and processed as required by the West Covina
Municipal Code.
The proposed detached garage for Parcel 1 shall be constructed prior to recordation
of the parcel map.
g. 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.
h. 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).
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Tentative Parcel Map No. 72097
June 20, 2017 - Page 5
1. Recordation of Final Parcel Map with the Los Angeles County Recorder shall be
required prior to issuance of building permits.
a) The residential new development shall comply with the Development Impact Fees
(Ordinance No. 2286 and Resolution No. 2015-81). Development Impact Fees for
residential development shall be paid for additional units in compliance with the
Municipal Code and adopted fees, estimated at $1,697 per unit.
j The existing ancillary sheds as well as canopy, pool, and concrete slab shall be
demolished prior to the recordation of the subdivision map.
k. The new house shall be limited to one-story.
1. No trees shall be removed until the approval of the grading plan.
m. All trees shall be shown on the grading plan. The plan shall clearly indicate what
trees are to be preserved (Oak trees) and what trees are to be removed.
n. The Oak trees shall be preserved. Any proposal to remove the Oak trees will
require the approval of a tree removal pemiit.
o. Prior to the issuance of building permits, a detailed landscape and irrigation plan
in compliance with AB 1881 and Executive Order B-29-15 shall be submitted to
and approved by the Planning Department for all planted areas to be affected by
project. Said plan shall include type, size, and quantity of landscaping materials
to include a combination of trees, shrubs, and groundcover, as well as a fully
automatic comprehensive watering system. Landscaped areas are to be kept free
of litter and diseased or dead plants. Diseased, dead, damaged and/or disfigured
plants shall be replaced as deemed necessary by the Planning Department. All
vegetation areas shall be automatically irrigated and a detailed watering program
and water budget shall be provided. All damaged vegetation shall be replaced and
the site shall be kept free of diseased or dead plant materials and litter at all times.
All installation of landscaping and irrigation shall be completed prior to issuance
of a certificate of occupancy.
p. The proposed subdivision shall confoun to West Covina Municipal Code Chapter
20 - Subdivisions.
q. 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 Parcel Map. Further, the applicant
shall indemnify, hold harmless and defend the City of West Covina (City), its
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Tentative Parcel Map No. 72097
June 20, 2017 - Page 6
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 Parcel Map or any improvements
required for the Parcel Map. The indemnity shall be contained in a written
document approved by the City Attorney.
r. The applicant shall sign an affidavit accepting all conditions of this approval.
S. The applicant shall meet any and all monitoring or reporting requirements
necessary to ensure compliance with the mitigation measures contained in the
Mitigated Negative Declaration of Environmental Impact as those may be
determined by the City, including, but not limited to, entering into an agreement
to perform and/or for monitoring and reporting during project construction and
implementation. The applicant further agrees it will cease construction of the
project immediately upon written notice of a violation of such requirement and
that such a provision may be part of any agreement of City and applicant.
t. Comply with the mitigation measures as outlined in the Initial Study/Environmental
Assessment dated January 2017.
u. Engineering Division
1. Comply with all conditions contained in Planning Commission Resolution
No. 567, which outlined the requirements of grading, street improvement,
exterior lighting, water supply, all bonds, trees, landscaping, drainage, and
building related improvements, etc.
2. 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.
3. The required street improvements shall include that portion of Cameron
Avenue contiguous to subject property.
4. AR existing concrete driveway approaches shall be removed (if required)
and reconstructed to meet current ADA requirements.
5. All damaged concrete curbs, gutters, sidewalk, etc., shall be removed and
reconstructed per City standard.
6. Eight-foot wide sidewalks shall be maintained along Cameron Avenue
adjacent to curb and install street trees behind sidewalk with irrigation.
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Tentative Parcel Map No. 72097
June 20, 2017- Page 7
7. Adequate provision shall be made for acceptance and disposal of surface
drainage entering the property from adjacent areas.
8. 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.
9. Prior to issuance of Building Permit, 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) 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.
c) A soil erosion and sediment control plan shall be submitted to and
approved by the Planning Department and Engineering Division.
10. The proposed subdivision shall conform to West Covina Municipal Code
Chapter 20 - Subdivisions.
11. Submit proposed subdivision to Los Angeles County for map analysis and
approval.
12. Comply with all regulations of the Los Angeles Regional Water Quality
Control Board and Article 11 of Chapter 9 of the West Covina Municipal
Code concerning Stormwater/Urban Run-off Pollution control.
13. A park dedication in-lieu fee shall be paid to the City of West Covina prior
to approval of final subdivision map. The estimated park fee is $10,950
(438 x 1 lot x $25 per square-foot of a developed lot).
14. Easement in favor of both parcels for the portion of the shared driveway
shall be included on the parcel map.
KiMberly HalYBarlow
City Attorney
ickolas Si. tevhs
City Clerk- "
Resolution No. 2017-43
Tentative Parcel Map No, 72097
June 20, 2017 - Page 8
15. Submittal of grading plans shall include a dump truck route for the
proposed 13.95 cubic yards of soil cut and the proposed 668.59 cubic
yards of soil fill.
v. Building Division
1. Existing lot must construct new covered parking per Zoning Code prior to
approval of parcel map.
2. Existing roof eaves shall be modified to meet current Building Code.
w. Fire Department
1. Please be advised that additional Fire Department requirements may be
applicable to this project. Please contact Fire Administration at (626) 939-
8824.
PASSED, APPROVED, AND ADOPTED this 20th day of June, 2017.
Corey Weshaw
Mayor
APPROVED AS TO FORM: ATTEST:
Resolution No. 2017-43
Tentative Parcel Map No. 72097
June 20, 2017- Page 9
I, 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 on the 20 th day of
June, 2017 by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Johnson, Spence, Toma, Warshaw
None
None
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