Resolution - 2021-37RESOLUTION NO. 2021-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP NO.83134 AT 1651 E. ROWLAND 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 tract map to:
Subdivide the 9.14-acre site into 158 multi -family condominium air space lots on that
certain property described as:
Assessor's Parcel Numbers 8442-018-900, in the records of the Los Angeles County
Assessor; and
WHEREAS, a precise plan has been submitted for the approval to construct a 158 residential
condominium units (66 two -stony single-family residential style detached units: ranging from 1,471
sq. ft. to 1,798 sq. ft. and 92 attached three -stony townhome style units: ranging from 1,310 sq. ft. to
1,721 sq. ft.), internal drive aisles, common open space, guest parking spaces, and other associated
incidental improvements on a 9.14 acre site; and
WHEREAS, a General Plan Amendment has been submitted to amend the land use
designation of the property located at 1651 E. Rowland Avenue (former Pioneer School) from
"Civic: Schools" to "Neighborhood Medium" to allow for development to occur as indicated by
the Specific Plan; and
WHEREAS, a Zone Change has been submitted to change the zoning of the site from
"Single -Family Residential" (R-1) to Specific Plan-30: Walnut Grove Specific Plan; and
WHEREAS, the Planning Commission, upon giving the required notice, did on March 9,
2021 and March 23, 2021, conduct duly noticed public hearings to consider said application and
voted to recommend the City Council's approval of the above stated application; and
WHEREAS, the City Council upon giving the required notice, did on May 4, 2021,
conduct a duly noticed public hearing to consider the tentative tract map application; and
WHEREAS, studies and investigations made by the City Council and on its behalf reveal
the following:
The applicant is requesting approval of a tentative tract map to allow the subdivision of a
the 9.14-acre site into 158 multi -family condominium air space lots.
The proposed project includes a precise plan for the development of a construct a 158
residential condominium units (66 two-story single-family residential style detached units:
ranging from 1,471 sq. ft. to 1,798 sq. ft. and 92 attached three-story townhome style units:
ranging from 1,310 sq. ft. to 1,721 sq. ft.), internal drive aisles, common open space, guest
parking spaces, and other associated incidental improvements on a 9.14 acre site.
3. 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.
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. Neither the design of the subdivision nor the type of improvements are
likely to cause serious public health problems.
g. That the design of the subdivision or the type of improvements will either (i) not
conflict with recorded or adjudged easements, acquired by the public at large, for
access through or use of, property within the proposed subdivision; or (ii) alternate
easements, for access or for use, will be provided, and these will be substantially
equivalent to ones previously acquired by the public.
4. Pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970,
a MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT has
been prepared indicating the project will not have a significant effect on the environment.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. On the basis of the evidence presented, both oral and documentary, the City
Council makes the following findings:
a. An amendment to the City's General Plan land -use map to change the designation
of the project site from Civic: School to Neighborhood Medium (9 to 20 units/acre),
would be required in order to develop the site. The proposed project density will
be 17.29 units per acre. The proposed General Plan designation of Neighborhood
Medium allows a maximum density of 20 units per acre.
The proposed project is consistent with the following General Plan Policies and
Actions:
P2.1 Maintain and enhance the City's current tax base
P2.6 Create a diversity of housing options.
P3.3 New growth will complete, enhance, and reinforce the form and character of
the unique West Covina neighborhoods, districts, and corridors.
The proposed project is consistent with the following Housing Element Goals:
Goal I Maintain and enhance the quality of existing housing and residential
neighborhoods in West Covina.
Goal 2 Provide a variety of housing types to accommodate all economic segments
of the City.
Goal 4 Promote equal housing opportunity for all residents
Goal 5 Identify adequate sites to achieve housing variety.
b. The design and improvements of the proposed subdivision and precise plan is
consistent with the General Plan in that the proposed condominium subdivision is
compatible with single-family residential and commercial uses in the vicinity. The
project involves changing the zoning of the project site from Single -Family
Residential (R-1) to a Specific Plan to allow the construction of a 158 multiple -
family residential development. The West Covina Municipal Code allows for the
creation of a specific plan zone in order to provide greater specificity and flexibility
in carrying out the general plan of the city. As designed, the project is consistent
with the proposed Walnut Grove Specific Plan.
C. The site consists of a 9.14-acre lot surrounded by residential uses to the east, north,
and south, and commercial uses to the north, east, and south. Adequate provisions
have been incorporated into the design to accommodate the required development
standards as specified in proposed Specific Plan. The site has access from Rowland
Avenue.
d. The proposed development will be accessible from two driveways along Rowland
Avenue. The site is 9.14 acres and, as conditioned, is physically suitable for the
proposed project and adequate to accommodate the size and shape of the building,
parking and all required standards of the proposed Specific Plan subject to the
approval of the Zone Change and General Plan amendment. The proposed General
Plan designation of Neighborhood Medium allows a maximum density of 20 units
per acre. The proposed project density will be 17.29 units per acre. Additionally,
there is a condition that requires that CC&Rs are recorded as a part of this project
to ensure orderly operation. The site will be developed in accordance with the
grading and construction requirements of the West Covina Municipal Code and the
City Engineer.
e. The site consists of a 9.14-acre parcel developed with a school campus. No known
endangered, threatened or rare species or habitats, or designated natural
communities, wetlands habitat, or wildlife dispersal, or migration corridors are
present on site. A mitigated negative declaration was prepared for the project,
which included required mitigation measures for Aesthetics, Air Quality,
Biological Resources, Cultural Resources, Energy, Geology and Soils, Hazards and
Hazardous Materials, Hydrology and Water Quality, Noise, Public Services,
Transportation, Tribal Cultural Resources, and Utilities and Service Systems, to
ensure that the project will not cause substantial environmental damage or injure
fish, wildlife, or their habitat.
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
Engineering Division, the Municipal Code, the Uniform Building Code, and other
applicable requirements.
g. There are no easements on the property that would be affected by implementation
of the proposed project. Access to the site will be provided via Rowland Avenue.
SECTION 2. Pursuant to all of the evidence presented, both oral and documentary, and
further based on the findings above, the tentative tract 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 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 Community Development 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 tract map by the Planning Commission or City
Council.
SECTION 3. The tentative tract 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 Community
Development Director, his affidavit stating he is aware of, and accepts, all conditions of this tentative
tract map and precise plan, 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.
SECTION 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.
SECTION 5. The City Council approves the tentative tract map subject to the following
conditions:
Comply with tentative tract map reviewed by the City Council on May 4, 2021.
b. Comply with all applicable sections of the West Covina Municipal Code.
C. These conditions of approval shall be printed on or attached to the working
drawings submitted to the Building Division for approval.
d. Approval of this tentative tract map is contingent upon, and shall not become effective
unless and until approval of Precise Plan No. 20-01, Zone Change No. 20-02, and
General Plan Amendment No. 20-01.
e. The on -street parking spaces shall be indicated on the plans and shall be striped in
accordance with the "Parking Lot Design and Lighting Standards" prior to the final
approval of units.
f. Comply with all requirements of the "Art in Public Places" ordinance, prior to the
issuance of building permits.
g. The applicant shall defend, indemnify, and hold harmless the City of West Covina,
its agents, officers, and employees from any claim, action or proceeding against the
City or its agents, officers, or employees to attack, set aside, void or annul, approval
of this Conditional Use Permit. The City will promptly notify the applicant of any
such claim, action or proceeding against the City and will cooperate fully in the
defense.
h. In the event the City determines that it is necessary to take legal action to enforce
any of the provisions of these conditions, and such legal action is taken, the
applicant agrees to pay any and all costs of such legal action, including reasonable
attorney's fees, incurred by the City, even if the matter is not prosecuted to a final
judgment or is amicably resolved, unless the City should otherwise agree with the
applicant to waive said fees or any part thereof. The foregoing shall not apply if the
permittee prevails in the enforcement proceeding.
i. 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 Community Development Director shall be obtained prior to
implementation.
j. The proposed subdivision shall conform to West Covina Municipal Code Chapter 20
- Subdivisions.
k. The Homeowner's Association (HOA) shall be responsible for maintenance of the
following: all streets, curbs, and gutters, utilities (sewer and storm drain), perimeter
walls, the Rowland Avenue street frontage (including landscaping, sidewalks, and
steps), common interest building exteriors, the public common area at the rear of
the lot, all public landscaping, all sidewalks and site walls, entrance.
A declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be
prepared by the developer/property owner and submitted to the Planning Director
and the City Attorney. The CC&R's shall be signed and acknowledged by all
parties having any record title interest in the property to be developed, and shall
make the City a party thereto, and shall be enforceable by the City. The CC&R's
shall be reviewed and approved by the City and recorded prior to the recordation of
the final tract map. Written proof of recordation with the Los Angeles County
Recorder/Registrars Office shall be provided to the Planning Department.
in. 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.
n. Comply with the mitigation measures as outlined in the Initial Study/Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program.
o. The CC&R's shall include the following:
1. No addition of habitable space is permitted.
2. No permanent ground floor patio covers are permitted.
3. The parking or storage of recreation vehicles, such as RVs, boats, trailers,
fifth wheels, ATVs, etc, is prohibited.
4. Parking on driving aisles is prohibited.
5. Garages shall be used to park vehicles.
6. Trash storage areas in the garages shall be permanently utilized for storing
the trash and recycling containers.
7. All exterior maintenance of the common interest structures will be the
responsibility of the HOA, including perimeter walls, garage doors,
windows, exterior architectural materials and roof.
8. Cleanup of graffiti is the responsibility of the Homeowners Association
(HOA).
P. Prior to the issuance of building permits, the applicant shall draft a Prospective
Homebuyer's Awareness Package (PHAP), and submit it to the Planning Director
for review and approval. Copies of signed copies of PHAP for all lots shall be
submitted to the Planning Department. Such package shall include:
A standardized cover sheet as approved by the Planning Department.
Zoning and General Plan information.
3. School information.
4. Special assessment district information.
5. Utility providers
6. A copy of the Covenants, Conditions and Restrictions (CC&Rs) applicable
to the project.
7. Any additional information deemed necessary by the Plara ing Department,
Planning Commission, or City Council for the full disclosure of pertinent
information.
q. Engineering Division Requirements:
1. A final tract map prepared by or under the direction of a registered civil engineer
or licensed land surveyor shall be submitted to and approved by the City prior to
being filed with the Los Angeles County Recorder.
2. A soils report is required
3. A preliminary tract map guarantee shall be provided which indicates all trust deeds
(to include the name of the trustee), all easement holders, all fee interest holders,
and all interest holders whose interest could result in a fee. The account for this
title report shall remain open until the final tract map is filed with the Los Angeles
County Recorder.
4. Easements shall not be granted or recorded within any area proposed to be
dedicated, offered for dedication, or granted for use as a public street, alley,
highway, right of access, building restriction, or other easements until after the
final tract map is approved by the City and filed with the Los Angeles County
Recorder; unless such easement is subordinated to the proposed dedication or
grant. If easements are granted after the date of tentative approval, a subordination
shall be executed by the easement holder prior to the filing of the final tract map.
5. Monumentation of tract map boundaries, street centerlines, and lot boundaries is
required if the map is based on a field survey.
6. All conditions from City Departments and Divisions shall be incorporated into the
tract map prior to submitting the tract map for review.
7. In accordance with California Government Code Sections 66442 and/or 66450,
documentation shall be provided indicating the mathematical accuracy and survey
analysis of the tract map and the correctness of all certificates. Proof of ownership
and proof of original signatures shall also be provided.
8. Proof of Tax clearance shall be provided at the time of tract map review submittal
9. Upon submittal of the final map for review by the City, a letter signed by both the
subdivider and the engineer shall be provided which indicates that these
individuals agree to submit one (1) blueprints and one sepia mylar and pdf copy
on a CD of the recorded map to the City Public Works Department.
10. A reciprocal easement for ingress and egress, sanitary sewer, utility, drainage,
water shall be provided for each property that does not front on or have direct
access to the public way. Services to each property shall be underground and shall
be located in a trench within this easement.
11. Existing structures shall be demolished prior the approval of the map.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution and shall enter
it into the book of original resolutions.
APPROVED AND ADOPTED on this 4th day of May, 2021.
et •• ..•Mayor
APPROVE S TO FORM ATTEST t
4)� 4thowl--)
Tho as P. D to Lisa Sherri c
City Attorney Assistant ity Clerk
I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do
hereby certify that the foregoing Resolution No. 2021-37 was duly adopted by the City Council of
the City of West Covina, California, at a regular meeting thereof held on the 4th day of May, 2021,
by the following vote of the City Council:
AYES: Castellanos, Diaz, Tabatabai, Wu
NOES: Lopez-Viado
ABSENT: None
ABSTAIN: None
Lisa Sh rick
Assist t City Clerk