Resolution - 8364RESOLUTION NO. 8364
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP NO. 45299 FOR
• CONDOMINIUM PURPOSES.
WHEREAS, there was filed with this Commission a verified
application on forms prescribed in Chapter 20 and Chapter 26,
Article VI of the West Covina Municipal Code requesting
approval of a tentative tract map on that certain property
generally described as follows:
A portion of Lot 9 of Tract 2371, as per map recorded in
Book 23, Pages 98 and 99 of Maps, in the Office of the Los
Angeles County Recorder; and
WHEREAS, a hearing on said applications was duly noticed
and conducted by the Planning Commission, on the 2nd day of
November, 1988, the 7th day of December, 1988, the 1st day of
February, 1989, and the 15th day of February, 1989; and
WHEREAS, on the 15th day of February, 1989, the Planning
Commission denied the application for Tentative Tract Map
No. 45299; and
WHEREAS, the action of the Planning Commission was
appealed, in a timely manner by the applicant, after proper
legal notice to the March 20, 1989, City Council meeting for
hearing and consideration; and
WHEREAS, on March 20, 1989, the City Council referred the
matter back to the Planning Commission; and
WHEREAS, the Planning Commission, upon giving the required
notice did on the 21st day of June, 1989, conduct a duly
advertised public hearing as prescribed by law to reconsider
said application; and
WHEREAS, on the 21st day of June, 1989, the Planning
Commission adopted Resolution No. 6-89-3750, recommending to
the City Council approval of Tentative Tract No. 45299; and
WHEREAS, after proper legal notice, on July 10, 1989, the
City Council conducted a public hearing for consideration of
the Planning Commission's recommendation; and
WHEREAS, studies and investigations made by the City
Council and in its behalf reveal the following facts:
1. The applicant is requesting approval of a six -lot,
five residential lots and a private street lot, division
of land for condominum purposes on a 2.35-acre site at the
above location in the R-A Zone, Area District III.
2. Appropriate findings for approval of a tentative tract map
are as follows:
• a. That the proposed map is consistent with applicable
general and specific plans.
Res. No. 8364
TTM/45299 - Sunbelt/CC/ - Page 2 of 8
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 physiclly 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. The
Planning Commission may approve a map if it finds
alternate easements will be provided if substantially
equivalent to previously acquired easements by the
public.
3. Based upon the findings of an initial study, it has been
determined that the proposed project will not have
significant impact on the environment. A Negative
Declaration of Environmental Impact has been prepared for
the proposed project pursuant to the requirements of the
California Environmental Quality Act of 1970, as amended.
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
for approval of a tentative tract map:
a. That the proposed map is consistent with and aids in
implementing the "Suburban Residential" (2.1 to 4.0
du/ac) land use designation of the West Covina
General Plan. The map contains a density of 2.1
units per acre.
b. That in complying with the regulations of the R-A
Zone, Area District III, the design and proposed
improvements of the tract map are consistent with the
General Plan.
C. That the fact that all parcels meet or exceed all
requirements of the R-A Zone, Area District III,
demonstrates that the site is physically suitable for
• the type of development proposed.
Res. No. 8364
TTM/45299 - Sunbelt/CC - Page 3 of 8
d. That all parcels exceeding the minimum lot sizes of
• the R-A Zone, Area District III, demonstrate that the
site is physically suitable for the proposed density
of the development.
e. That the design and improvements of this subdivision
in a previously developed area will not cause any
substantial environmental damage or injury to
wildlife or its habitat.
f. That the design and improvements of this subdivision,
which complies with all zoning regulations, are not
likely to cause serious public health problems.
g. That the design of this subdivision does not change
or conflict with any easements acquired by the public.
There are no easements on the site.
2. That pursuant to all of the evidence presented, both oral
and documentary, and further based on the findings above,
Tentative Tract Map No. 45299 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 map and the conditions set
forth herein which, except as otherwise expressly
indicated, shall be fully.performed and completed or shall
by secured by bank or cash deposit satisfactory to the
Planning Director before the use or occupancy of the
property is commenced and before the recordation of a
final map in the Office of the Los Angeles County
Recorder, and the violation of any of which shall be
grounds for revocation of said Tentative Tract Map by the
Planning Commission or City Council.
3. The Tentative Tract 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 Tentative Tract
Map as set forth below.
4. That the approval of the Tentative Tract Map is subject to
the following conditions:
a. Comply with Tentative Tract Map No. 45299, dated
July 10, 1989.
b. Comply with all requirements of the R-A Zone, Area
District III.
C. Prior to the recordation of the map, the Covenants,
Conditions, and Restrictions of the project shall be
submitted to the Planning Director and the City
Attorney for review and approval.
Res. No. 8364
TTM/45299 - Sunbelt/CC - Page 4 of 8
d. Prior to the recordation of the map, the developer
• shall draft a Prospective Homebuyer's Awareness
Package (PHAP), and submit it to the Planning
Director for review and approval. Such package shall
include:
i. A standardized cover sheet developed by the
Planning Department.
ii. Zoning and General Plan information.
iii. School information.
iv. Special assessment district information.
V. A copy of the Covenants, Conditions, and
Restrictions (CC & R's) applicable to the tract.
vi. Any additional information deemed necessary by
the Planning Department, Planning Commission or
City Coucil for the full disclosure of important
information.
e. Every effort to preserve existing trees shall be
made.
i. A twelve inch oak tree on Lot 1, an eight
inch, sixteen inch, twenty inch, and a ten
by twelve inch -two prong oak tree on Lot 3,
shall not be removed.
ii. A report from a tree specialist outlining
measures to be taken to preserve trees on
site shall be submitted for review and
aproval of the Planning Director prior to
issuance of a grading permit. Said report
shall designate trees for removal, selective
pruning, and designate measures to protect
root zones of trees to be preserved.
Recommended measures within the report shall
be implemented prior to the issuance of
building permits.
Specimen trees with trunk diameters greater
than six inches at breast height to be
removed by grading shall be replaced on a
basis of two 24-inch box trees per specimen
trees shall be shown on a landscape plan to
be reviewed and approved by the Planning
Director, and shall be installed prior to
occupancy.
iv. An eight -foot block wall shall be provided
along the eastern property line of the
access portion of the private street.
• V. Along the north property line, the developer
shall study and consider setting fencing
material southerly of the property line to
preserve existing trees. If necessary, wood
fencing may be used instead of block walls.
Res. No.8364
TTM/45299 - Sunbelt/CC Page 5 of 8
f. Prior to issuance of building permits, landscaping
and irrigation plans for all private, manufactured
slopes shall be submitted to the Planning Director
for review and approval. Jute matting may be
required on certain 11 to 1 slopes to stabilize the
soil during the landscaping establishment period.
All planting shall be completed and all irrigation
shall be operative prior to final aproval of the
grading. The developer will be responsible for the
maintenance of these landscaped slopes until such
time as the residences these slopes are appurtenant
to, are sold.
g. The applicant shall meet any and all monitoring or
reporting requirements necessary to ensure compliance
with the mitigation measures contained in the .
Negative Declaration, as those may be determined by
the City, including but not limited to entering into
an agreement to perform and/or pay for monitoring and
reporting during project construciton and
implementation. The applicant further agrees it will
cease construction of the project immediately upon
written notice of a violation of such requirements
and that such a provision may be made a part of any
agreement of City and applicant.
h. Engineering Department Requirements:
i. 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.
ii. The required street improvements shall include
that portion of private street contiguous to
subject property.
iii. The required utility easement shall include that
portion of private street (34 foot width)
contiguous to subject property.
iv. Sidewalks, four -feet wide, shall be constructed
along private street adjacent to curb.
V. Adequate provision shall be made for acceptance
and disposal of surface drainage entering the
property from adjacent area.
vi. 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.
vii. Private street improvements shall comply
with Municipal Code Chapter 19, Article 8, and
• Planning Commission Resolution No. 2519.
Res. No.8364
TM/45299 - Sunbelt/CC Page 6 of 8
viii. 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, Building, and Engineering
Department.
b. Arrangements for the installation of street
lights 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 (2) sets of the
subdivision and/or development plan to the
Engineering Department, Traffic and Lighting
Section, to be used for designing the street
lighting system.
C. A street lighting plan showing electrolier
types and locations, average illumination
levels, points of minimum illumation and
photometric data in conformance with
Planning Commission Resolution No. 2513 and
as requested shall be submitted to and
approved by the City Engineer and Planning
Director.
d. An itemized cost estimate for all on -site
and off -site improvements to be constructed,
except buildings, shall be submitted to the
Engineering Department 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.
ix. The proposed subdivision shall conform to
Municipal Code Chapter 20 - Subdivisions.
X. The developer shall create a perpetual Homeowners
Association charged with adequate maintenance of
the private street and any private lighting
system subject to appropriate City review and
enforcement as necessary. The documentation for
compliance with this condition shall be subject
to pre -review and approval of the City Engineer
and City Attorney.
xi. The development shall conform to East Hills
® Specific Plan including private street criteria.
Res. No.8364
TTM/45299 - Sunbelt/CC - Page 7 of 8
i. Fire Department Requirements:
• i. Provide one steamer -type fire hydrant at location
shown on tract map.
ii. Minimum size water main is eight inches and
minimum calculated flow from fire hydrant is
1000 gpm.
iii. Available fire flow required is 1500 gpm.
j. Building Department Requirements:
No requirements.
k. Police Department Requirements:
No requirements.
1. City Council Requirements:
The applicant shall incorporate deed restrictions
into every grant deed, and into the Codes, Covenants,
and Restrictions (CC&R's) of the tract which prohibit
the removal of the trees on the site as referred to
in condition 4.e. above, without the written consent
of the Planning Director of the City of West
Covina, to preserve the privacy of the residents to
the north. Notwithstanding, it shall be the sole
responsibility of the property owner to obtain
timely consent for and removal of any such trees
which threaten to become a hazard due to disease or
other condition.
Res. No.8364
TTM/45299 — Sunbelt/CC — Page 8 of 8
•
ADOPTED AND APPROVED this loth day of July-, 1989
Mayor
ATTEST:
City Clerc
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 held on the 10th day
Of July, 1989.
AYES: Councilmember: McFadden, Manners, Lewis, Bacon
NOES: Councilmember: None
ABSENT: Councilmember: Tarozzi
City erk
APPROVED AS TO FORM:
eft,�aAjLel-& O°- Uj=L\ tcz
C�i-ty Attorney
EXPIRATION DATE
July 10, 1991
if not used