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Resolution - 2021-84RESOLUTION NO. 2021-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 83216 AT 1600-1616 W. CAMERON 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 3.25-acre site into 84 multi -family condominium air space lots on that certain property described as: Assessor's Parcel Numbers 8468-015-010 and 8468-015-024, in the records of the Los Angeles County Assessor; and WHEREAS, a precise plan has been submitted for the approval to construct 84 residential condominium units (three-story attached townhome-style units in ten buildings, ranging from 1,210 sq. ft. to 1,796 sq. ft.), internal drive aisles, common open space, guest parking spaces, and other associated incidental improvements on the 3.25-acre site; and WHEREAS, a General Plan Amendment has been submitted to amend the land use designation of the property from "Neighborhood Medium" to "Neighborhood High" to allow for development to occur as indicated on the project plans; and WHEREAS, the Planning Commission, upon giving the required notice, did on June 22, 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 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: The applicant is requesting approval of a tentative tract map to allow the subdivision of a 3.25-acre site into 84 multi -family condominium air space lots. 2. The proposed project includes a precise plan for the development of 84 residential condominium units (84 attached three-story townhome style units, ranging from 1,210 sq. ft. to 1,796 sq. ft.), internal drive aisles, common open space, guest parking spaces, and other associated incidental improvements on the 3.25-acre site. 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. 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 general plan and any applicable adopted specific plans. An amendment to the City's General Plan land -use map to change the designation of the project site from Neighborhood Medium (9 to 20 units/acre) to Neighborhood High (21 to 54 units/acre), would be required in order to develop the site. The proposed project density will be 25.8 units per acre. The proposed General Plan designation of Neighborhood High allows a maximum density of 54 units per acre. The proposed project is consistent with the following General Plan Policies and Actions: Policy 3.3 New growth will complete enhance, and reinforce the form and character of unique West Covina neighborhoods districts and corridors. The project is located on a street in transition. The former Kmart site across the street is vacant. A 3-story tall residential project, Cameron 56, by the same developer was constructed adjacent to the project site. The design of that project is very similar to that of the proposed project. Policy 3.4 Direct new growth to downtown area and the corridors. Adapt economically underused and blighted buildings consistent with the character of surrounding districts and neighborhoods, to support new uses that can be more successful. Provide opportunities for healthy living, commerce employment recreation education culture entertainment civic engagement, and socializing. The project site is in the Downtown Plan. It will be urban infill on a site suitable for residential development, in the style recommended by the Downtown Plan. Policy 3.6 Reduce West Covina's production of greenhouse gas emissions and contribution to climate change, and adapt to the effects of climate change. By promoting infill development, the project creates needed housing without sprawl. This helps reduce impacts to climate change. The proposed project is consistent with the following Housing Element Goals: Goal 2 Provide a variety of housing types to accommodate all economic segments of the City. The project will create new for -sale housing in the downtown at densities designed to more affordable than traditional detached housing. Goal 4 Promote equal housing opportunity for all residents. The project will meet current requirements that ensure new housing is available to anyone who might be interested. Goal 5 Identify adequate sites to achieve housing variety. The project will be an infill development of a site in transition in the downtown area. It will help revitalize the street. It will provide for -sale, attached housing as an alternative to more traditional detached housing forms or attached apartments. The project is also consistent with the following Goals, Policies and Actions of the Downtown Specific Plan: Goal 3 Reinforce the Downtown West Covina brand as a Great Place to Live Work and Play in the San Gabriel Valley. Policy 3.1 Direct new growth in the downtown area to create vibrancy and invest in key public improvements. The project is infill development within the Plan area. It creates new housing and promotes a healthy mix of uses within the area. Goal 6 Make great places by insisting on the highest standards of quality in architecture urban design and landscape architecture. Action 61a Adopt new form -based development code for Downtown area that emphasizes pedestrian orientation integration of land uses treatment of streetscapes as community living spaces. The project complies with the standards of the Downtown Specific Plan. The buildings along Cameron Avenue have pedestrian orientation. The design of the front stoops will help promote an active streetscape. Goal 7 Provide high quality urban housing for a diverse range of income levels. Policy 7.1 Provide a production of a range of housing types that meet the diverse needs of the community. Action 7 1b Facilitate the development of higher intensity and high -quality residential projects with a mix of product and unit types and ownership (a range of affordable housing live -work spaces co -housing opportunities senior housing and assisted living facilities). The project creates infill residential development with high quality architecture. It will provide for -sale housing at a density that should support a more affordable product. It will help to re -invigorate downtown. b. The design or improvement of the proposed subdivision is consistent with the general plan and applicable adopted specific plans. The design and improvements of the proposed subdivision and precise plan are consistent with the General Plan in that the proposed condominium subdivision is compatible with single-family and multi -family residential and commercial uses in the vicinity. The project involves changing the land use designation of the project site from Neighborhood —Medium (NM) to Neighborhood —High (NH) to allow the construction of an 84-unit multiple -family residential development. The project conforms to the standards of the Downtown Specific Plan and all other applicable development standards in the Zoning Code. C. The site is physically suitable for the type of development. The 3.25-acre site is flat and is a size and shape compatible with the proposed development. Residential uses are to the west and southeast; commercial uses are to the north and east. 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 Cameron Avenue. d. The site is physically suitable far the proposed density of development. The proposed project type is consistent in form with style recommended by the Downtown Specific Plan. The proposed development will be accessible from a driveway along Cameron Avenue. The site is 3.25 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 High allows a maximum density of 54 units per acre. The proposed project density will be 25.8 units per acre. Additionally, there is a condition that requires that CC&Its 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 a 3.25-acre parcel developed with office buildings, parking and landscaping. 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 Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Noise, 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. 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 be provided, and these will be substantially equivalent to ones previously acquired by the public. 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 Cameron 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 confonm 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 ttentative tract map No. 83216 subject to the following conditions: PLANNING DIVISION a. Comply with plans reviewed by City Council on July 20, 2021. b. That the project complies with all requirements of the "T-4 General Urban" Zone and Rowhouse-style development as described in the Downtown Specific Plan, and all other applicable standards of the West Covina Municipal Code. C. Approval of this vesting tentative tract map is contingent upon, and shall not become effective unless and until, approval of Precise Plan No. 20-09 and General Plan Amendment No. 20-04. d. These conditions of approval shall be printed on or attached to the working drawings submitted to the Building Division for approval. e. The approved use shall not create a public nuisance as defined under Section 15-200 of the West Covina Municipal Code. f . The approved use shall be in compliance with the Noise Ordinance (Chapter 15). g. The applicant shall sign an affidavit accepting all conditions of this approval. h. 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. 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. j. That any proposed change to the approved vesting 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. k. The proposed subdivision shall conform to West Covina Municipal Code Chapter 20 - Subdivisions. 1. 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 o and p 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. 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. The CC&R's shall include the following: i. No addition of habitable space is permitted. ii. No permanent ground floor patio covers are permitted. iii. The parking or storage of recreation vehicles, such as RVs, boats, trailers, fifth wheels, ATVs, etc, is prohibited. iv. Parking on driving aisles is prohibited. V. Garages shall be used to park vehicles. vi. Trash storage areas in the garages shall be permanently utilized for storing the trash and recycling containers. vii. 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. viii. Cleanup of graffiti is the responsibility of the Homeowner's Association (HOA). ix. The homeowner's association shall ensure that the perimeter trees are maintained to not encroach on the neighboring adjacent single-family residential properties. X. The homeowner's association shall allow individual unit owners to install a CCTV system without invading the privacy of neighbors. xi. 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. xii. Revisions to the sections of the CC&Rs implementing these conditions of approval shall require City Council approval. o. The HOA shall be responsible for maintenance of the following: all streets, curbs, and gutters, utilities (sewer and storm drain), perimeter walls, the Cameron 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. P. Prior to the recording of the final map, 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: i. A standardized cover sheet as approved by the Planning Division. ii. Zoning and General Plan information. iii. School information. iv. Special assessment district information. V. Utility providers. vi. A copy of the Covenants, Conditions and Restrictions (CC&Rs) applicable to the project. vii. Any additional information deemed necessary by the Planning Division, Planning Commission, or City Council for the full disclosure of pertinent information. q. This approval shall become null and void if the building permit is not obtained within two (2) years of the date of this approval. The applicant shall sign an affidavit accepting all conditions of this approval. ENGINEERING DIVISION 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 from 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 parcel 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 final 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 20thday of July, 2021. APPROVE TO FORM Thomas . D rte City Attorney ATTEST Lisa errick Ass' ant City Clerk I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2021-84 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 Sh ck Assista City Clerk