Resolution - 2021-80RESOLUTION NO. 2021-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP NO. 83166 AT 1024 W.
WORKMAN AVENUE
WHEREAS, there was fled 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 8.05-acre site into 119 residential lots on that certain property described as:
Assessor's Parcel Numbers 8457-029-906, in the records of the Los Angeles County
Assessor; and
WHEREAS, a precise plan has been submitted for the approval to construct a 119-unit
residential development (47 detached two-story units ranging fiom 1,465 to 2,125 square feet, and 72
three-story attached townhome-style units in ten buildings, ranging from 1,214 sq. ft. to 1,822 sq. ft.),
internal drive aisles, common open space, guest parking spaces, and other associated incidental
improvements on the 8.05-acre site; and
WHEREAS, a General Plan Amendment has been submitted to amend the land use
designation of the property located at 1024 W. Workman Avenue (former Vincent 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-31: Vincent Place Specific Plan; and
WHEREAS, the Planning Commission, upon giving the required notice, did on May 25,
2021, conduct duly noticed pubic hearings to consider said application and voted to recornmend
the City Council's approval of the above stated application; and
WHEREAS, the City Council upon giving the required notice, did on July 20, 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:
1. The applicant is requesting approval of a tentative tract map to allow the subdivision of a
the 8.05-acre site into a total of 119 residential lots.
2. The proposed project includes a precise plan for the development of 119 residential units
(47 detached two-story units and 72 attached three-story townhome style units), internal
drive aisles, common open space, guest parking spaces, and other associated incidental
improvements on the 8.05-acre site.
3. Appropriate findings for approval of 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.
E 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. The proposed map is consistent with the generalplan and any applicable adopted
specific plans.
An amendment to the City's General Plan land -use map to change the designation of
the site from Civic:Schools (S) to Neighborhood —Medium (NM). As noted in
Finding A for the General Plan Amendment, the project is consistent with a number
of Goals, Policies and Actions of both the General Plan and the proposed Vincent
Place Specific Plan.
b. The design or improvement of the proposed subdivision is consistent with the
general plan and applicable adopted specific plans.
As documented in Section III of the report, the project conforms to the proposed
General Plan designation of Neighborhood —Medium (NM), and the standards of the
proposed Vincent Place Specific Plan, and all other applicable development standards
in the Zoning Code.
c. The site is physically suitable for the type of development.
The proposed project site is 8.05 acres, flat and is physically suitable for the proposed
project and adequate to accommodate the size and shape of the buildings, parking and
all required development standards set forth in the Vincent Place Specific Plan and
the West Covina Municipal Code. The site is served by all necessary utilities.
Appropriate mitigation measures and conditions of approval will ensure that the site
is improved in a manner consistent with City standards.
d. The site is physically suitable for the proposed density of development.
The proposed project type is consistent in form with style recommended by the
proposed Vincent Place Specific Plan. The proposed development will be accessible
from driveways along Workman Avenue and Vincent Avenue. The site is 8.05 acres
and, as conditioned, is physically suitable for the proposed project and adequate to
accommodate the size and shape of the buildings, 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
14.8 units per acre. Additionally, there is a condition that requires that CC&Rs be
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 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.
The site consists of an 8.05-acre parcel developed with school buildings, parking and
landscaping. No known endangered, threatened or rare species or habitats, or
designated natural communities, wetlands habitat, orwildlife dispersal, ormigration
corridors are present on site. A mitigated negative declaration was prepared for the
project, which included required mitigation measures for Biological Resources,
Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Noise,
Transportation, Tribal Cultural Resources, and Utilities and Set -vice Systems, to
ensure that the project will not cause substantial environmental damage or 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.
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. 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 beprovided, and these will be substantially
equivalent to ones previously acquired by thepublic.
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 Vincent and
Workman Avenues.
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 authori7ed representative) has filed at the office of the Conununity
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 authori7ed 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 tentative tract map No. 83166 subject to the
following conditions:
PLANNING DIVISION
1. Comply with plans reviewed by the City Council on July 20, 2021
2. That the project complies with all requirements of the Vincent Place Specific Plan and all
other applicable standards of the West Covina Municipal Code.
3. Approval of this vesting tentative tract map is contingent upon, and shall not become
effective unless and until, approval of Precise Plan No. 20-06, General Plan Amendment No.
20-02 and Zone Change No. 20-03.
4. These conditions of approval shall be printed on or attached to the working drawings
submitted to the Building Division for approval.
5. The approved use shall not create a public nuisance as defined under Section 15-200 of the
West Covina Municipal Code.
6. "the approved use shall be in compliance with the Noise Ordinance (Chapter 15).
7. The applicant shall sign an affidavit accepting all conditions of this approval.
8. 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 Vesting Tentative
Tract Map. The City will promptly notify the applicant of any such claim, action or
proceeding against the City and will cooperate fully in the defense.
9. 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.
10. That any proposed change to the approved vesting tentative tract map shall be reviewed by
the Planning, Public Works, Fine and Police Departments, and the written authorization of
the Community Development Director shall be obtained prior to implementation.
11. The proposed subdivision shall conform to West Covina Municipal Code Chapter 20 -
Subdivisions.
12. 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.
13. 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 those sections of
the CC&R's implementing conditions 14 and 15 below shall be enforceable by the City and
may not be modified without the express written consent of 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/Registrar's Office
shall be provided to the Planning Division.
14. The CC&R's shall include the following:
a) No addition of habitable space is permitted.
b) No permanent ground floor patio covers are permitted.
c) The parking or storage of recreation vehicles, such as RVs, boats, trailers, fifth wheels,
ATVs, etc, is prohibited.
d) Parking on driving aisles is prohibited.
e) Garages shall be used to park vehicles.
fl Trash storage areas in the garages shall be permanently utilized for storing the trash and
recycling containers.
g) All exterior maintenance of the common interest structures will be the responsibility of
the Homeowner's Association (HOA), including perimeter walls, garage doors,
windows, exterior architectural materials and roof.
h) Cleanup of graffiti is the responsibility of the HOA.
i) The homeowner's association shall allow individual unit owners to install a CCTV
system without invading the privacy of neighbors.
j. The homeowner's association shall establish a parking permit program for the guest
parking spaces and work with a local towing company to enforce the properties
parking regulations.
k. The homeowner's association shall ensure that the perimeter trees are maintained to
not encroach on the neighboring adjacent single-family residential properties.
1. Require trash cans to be stored in the units and out of public view within 24 hours
after trash pick up.
in. Require garages to be used for vehicle parking.
n. Revisions to the CC&Rs shall require City Council approval.
15. The HOA shall be responsible for maintenance of the following: all streets, curbs, and
gutters, utilities (sewer and storm drain), perimeter walls, the Workman, Vincent and Garvey
Avenue street frontages (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, and entrance.
16. 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
Division. Such package shall include:
a) A standardized cover sheet as approved by the Planning Division.
b) Zoning and General Plan information.
c) School information.
d) Special assessment district information.
e) Utility providers.
0 A copy of the Covenants, Conditions and Restrictions (CC&Rs) applicable to the project.
g) Any additional information deemed necessary by the Planning Division, Planning
Commission, or City Council for the full disclosure of pertinent information.
17. The applicant shall sign an affidavit accepting all conditions of this approval.
18. ENGINEERING REQUIREMENTS
a. 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.
b. A soils report is required.
c. 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.
d. 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.
e. Monumentation of tract map boundaries, street centerlines, and lot boundaries is required
if the map is based on a field survey.
f All conditions fiom City Departments and Divisions shall be incorporated into the tract
map prior to submitting the tract map for review.
g. 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.
h. Proof of Tax clearance shall be provided at the time of tract map review submittal.
i. 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.
j. 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.
k. 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 20th day of July, 2021.
APPROVED AS TO FORM
Thomas P. Duarte
City Attorney
ATTEST
Lisa Sh • ick
Assis City Clerk
I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do
hereby certify that the foregoing Resolution No. 2021-80 was duly adopted by the City Council of
the City of West Covina, California, at a regular meeting thereof held on the 20th day of July,
2021, by the following vote of the City Council:
AYES:
Castellanos, Diaz, Lopez-Viado,Tabatabai, Wu
NOES:
None
ABSENT:
None
ABSTAIN:
None
Lisa She ck
Assistatfl City Clerk