Resolution - 2005-57RESOLUTION NO. 2005-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO.
62631 ON APPEAL OF PLANNING COMMISSION ACTION
TENTATIVE TRACT MAP NO. 62631
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: Linda Logan, McIntyre Properties
LOCATION: 1838 E. Workman Avenue
WHEREAS, there was filed with this Council a verified application on forms prescribed
in Chapter 26, Article VI of the West Covina Municipal Code, a request for approval of a tentative
tract map to subdivide subdivide the 1.12-acre site into 24 residential air space lots for
condominium purposes on that certain property described as:
Assessor's Parcel Nos. 8454-018-901, in the records of the Los Angeles County
Assessor; and
WHEREAS, the proposed tentative tract map, with an overall density of 21.4 dwelling units
per acre, would be consistent with the proposed General Plan designation and zoning classification
of the site; and
WHEREAS, consistent with the request, the applicant has also requested a General Plan
amendment from "Suburban Residential" (2.1 to 4.0 dwelling units per acre) to "High Density
Residential" (Over 20.0 dwelling units per acre); and
WHEREAS, the applicant has requested a zone change from "Residential Agricultural"
(R-A) to "Multiple -Family Residential" (20 dwelling units per acre) (MF-20); and
WHEREAS, a precise plan for the site plan and architecture has been submitted for the
development of the project; and
WHEREAS, a variance has been submitted to deviate from code requirements including
maximum ground coverage, density, lot width, and minimum dimension requirements for
recreation -leisure space; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 12`h
day of July, 2005 conduct a duly advertised public hearing as prescribed by law; and
WHEREAS, the Planning Commission did adopt Resolution No. 05-5038 approving the
application with a condition that the number of units be reduced to 22; and
WHEREAS, on July 13, 2005, an appeal of the Planning Commission action was filed by
McIntyre Companies; and
WHEREAS, on July 21, 2005, an appeal of the Planning Commission action was filed by
Overton, Lyman and Prince, LLP as representatives of Ziad Alhassen, President of West Covina
Motors, Inc.; and
•WHEREAS, the City Council did, on the 161h day of August, 2005, conduct duly
advertised public hearings as prescribed by law, and considered evidence presented by the
Planning Commission, Planning Department, and other interested parties; and
Resolution No. 2005-57
August 16, 2005
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 tentative tract map to allow the subdivision of
• 1.12 acres into 24 residential "air space" lots for condominium purposes, however, the
Planning Commission adopted a condition reducing the number of units to 22.
2. The project consists of a zone change requesting to change the zone from "Residential
Agricultural' (R-A) to "Multiple -Family Residential' (MF-20).
3. The project consists of General Plan amendment to change the land use designation from
"Suburban Residential" (2.1 — 4.0 dwelling units per acre) to "High Density Residential'
(Over 20.0 dwelling units per acre), however, the Planning Commission recommended a
change in land use designation to "Medium High Density Residential' (15.1 to 20.0
dwelling units per acre).
4. Findings necessary 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 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.
5. Pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970,
a 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:
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 and aids in implementing the proposed "High
Density Residential' land use designation of the West Covina General Plan in that the
proposed residential project results in the development of the proposed residences at a
• density of 21.4 dwelling units per acre (overall). The "High Density Residential'
designation allows densities of over 20.0 dwelling units per acre. The tentative tract
map is also consistent with the development standards of the "Multiple -Family
Residential' (MF-20) Zone, with the exception of the requested variances.
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Resolution No. 2005-57
August 16, 2005
b. The design and improvements of the proposed subdivision and precise plan is
consistent with the general plan. The density approved for the tentative tract map is
consistent with the "High Density Residential" land use designation of the General
Plan allowing a density of more than 20 units per acre. The density proposed through
implementation of the project represents a logical infill between the West Covina
Senior Villas to the east and the automobile dealership to the south and west.
c. The site consists of a 1.12-acre lot surrounded by multi -family apartment uses and an
automobile dealership. Adequate provisions have been incorporated into the design
to accommodate the required development standards of the "Multiple -Family
Residential" (MF-20) Zone, with the exception of the requested variances. The site
has access from Workman Avenue.
d. The gross area of the site is approximately 1.12 acres and allows for the subdivision
of the land into 24 "air space" condominium lots. In addition to the proposed 24
condominium units, the project includes resident parking within garages, eight guest
parking spaces, driveways, landscaping, and recreational amenities. The tentative
tract map is consistent with the development standards of the "Multiple -Family
Residential" (MF-20) Zone, with the exception of the requested variances. 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 1.12-acre parcel that was previously occupied by the Red Cross.
The site is vegetated with grasses and ornamental trees around the property. 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. While there are easements on the property, the existing easements would not be
negatively affected by implementation of the proposed project. Access to the site will
be provided by Workman Avenue.
SECTION 2. That pursuant to all of the evidence presented, both oral and documentary,
and further based on the findings above, Tentative Tract Map No. 62631 is approved for 24 units
as requested by the applicant 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.
SECTION 3. That the tentative tract 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 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. That the approval of the tentative tract map is subject to the following
conditions:
a. Comply with tentative tract map reviewed by the Planning Commission on July 12, 2005.
b. Comply with the development standards of "Multiple -Family Residential" (MF-20) Zone
and all applicable provisions of the West Covina Municipal Code.
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Resolution No. 2005-57
August 16, 2005
c. Approval of this precise plan is contingent upon, and shall not become effective unless and
until certification of the associated Negative Declaration of Environmental Impact, approval
of General Plan Amendment No. 05-01, and Zone Change No. 05-02 by the City Council.
d. 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 Planning Director shall be obtained prior to implementation.
e. Recordation of Final Tract Map with the Los Angeles County Recorder shall be required
prior to issuance of building permits.
f. The applicant shall sign an affidavit accepting all conditions of this approval.
g. The proposed subdivision shall conform to West Covina Municipal Code Chapter 20 -
Subdivisions.
h. The CC&R's shall specify that at such time as the existing service building on the property
line at the automobile dealership to the west is demolished, a block wall shall be constructed
by the applicant/property owner at 1838 E. Workman Avenue.
i. The CC&R's shall specify that the Guest Parking spaces shall be reserved for guests and
shall not be used for parking for residents.
j. 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.
k. At such time as the existing service building on the property line at the automobile
dealership to the west is demolished, a block wall shall be constructed by the
applicant/property owner at 1838 E. Workman Avenue.
1. 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 Tract Map. Further, 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
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 Tract Map or any improvements required
for the Tract Map. The indemnity shall be contained in a written document approved by
the City Attorney.
m. All common areas shall be owned, operated and maintained by the Homeowners
Association.
n. Comply with all requirements of the "Art in Public Places" ordinance, prior to the
issuance of building permits.
• o. 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. Such package shall include:
1. A standardized cover sheet as approved by the Planning Department.
2. Zoning and General Plan information.
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August 16, 2005
3. School information.
4. Special assessment district information.
5. A copy of the Covenants, Conditions and Restrictions (CC & R's) applicable to the
• tract.
6. Any additional information deemed necessary by the Planning Department, Planning
Commission, or City Council for the full disclosure of pertinent information.
p. The applicant shall meet any and all monitoring or reporting requirements necessary to
ensure compliance with the mitigation measures contained in the 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.
q. Comply with the mitigation measures as outlined in the Initial Study/Environmental
Assessment dated June 17, 2005, as follows:
1. Grading and construction shall be designed and implemented in accordance with the
requirements of the City Engineering Department and the Building Department. In
addition, grading and construction shall be completed in accordance with the West
Covina Municipal Code and the Uniform Building Code.
2. The grading and drainage is required to be designed by a registered Civil Engineer
and the project will be required to comply with Standard Urban Stormwater
Mitigation Plans (SUSWMPS). In addition the grading shall be completed in
accordance with the West Covina Municipal Code and the Uniform Building Code.
3. Prior to issuance of a grading permit approval from the Engineering Division of a
grading plan shall be obtained.
4. Fugitive dust control techniques pursuant to SCAQMD RULE 403 shall be
implemented, including but not limited to vigorous wetting procedures of all graded
areas and any stockpiles of loose materials.
5. During construction, water trucks or sprinkler systems shall be used to keep all areas
of vehicle movement damp enough to prevent dust from leaving the site. At • a
minimum this would include wetting down such areas in the later morning and after
work is completed for the day and whenever wind exceeds 15 miles per hour.
6. Roadways shall be swept periodically as determined by the City Engineer and/or
Maintenance Services Superintendent or otherwise cleared of any spilled materials to
assist in minimizing fugitive dust.
7. Trucks importing or exporting earthen materials shall be covered or sprinkled with
water prior to entering public streets.
8. Heavy-duty construction equipment shall be kept on -site when not in operations to
minimize exhaust emissions associated with vehicles repetitiously traveling to and
• from the project site.
9. The number of pieces of equipment operating simultaneously should be minimized
through efficient management practices.
10. Construction equipment shall be maintained in proper tune to reduce exhaust
emissions.
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Resolution No. 2005-57
August 16, 2005
11. Diesel -powered equipment such as booster pumps or generators should be replaced
by electric equipment, if feasible.
12. Landscaping shall be installed on all graded surfaces proposed for landscaping as
soon as feasibly possible after the completion of grading operations.
13. During grading and construction, delivery of materials and equipment, outdoor
• operations of equipment, and construction activity shall be limited to the hours
between 7:00 a.m. and 8:00 p.m.
14. Mechanical equipment to be installed on the site shall be required to operate below 65
dB levels as measured from the nearest property line.
15. Stockpiling and/or vehicle staging areas shall be located as far as practicable from
residential properties.
16. All construction equipment, stationary or mobile, shall be equipped with properly
operating and maintained mufflers.
17. All construction equipment shall be stored on the project site during the construction
phase to eliminate daily heavy-duty truck trips on vicinity roadways.
18. The applicant shall inform residents adjacent to the proposed project of grading
and/or construction activities at least five (5) calendar days prior to the
commencement of said activities.
19. Activities taking place at the subject facility shall comply with the City noise
ordinance.
20. Project construction shall comply with the requirements of the Building Department
and the Uniform Building Code regarding interior noise levels.
21. A lighting plan check shall be conducted to ensure that light does not "spill over"
onto adjoining property. All exterior lighting shall be hooded and directed so as to
reflect away from adjoining properties. The Lighting Plan shall comply with the
Lighting Standards established in Planning Commission Resolution No. 2513,
Revision No. 6.
r. Engineering Division Requirements:
1. Comply with all conditions contained in Planning Commission Resolution No. 567.
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 dedication shall include that portion of Workman Avenue
contiguous to subject property. (Seven foot wide irrevocable offer.)
4. Nine and one -half -foot wide sidewalks with trees in tree wells shall be constructed
along Workman Avenue adjacent to curb.
5. Adequate provision shall be made for acceptance and disposal of surface drainage
entering the property.
• 6. Parking lot and driveway improvements on private property for this use shall comply
with Planning Commission Resolution No. 2513 and be constructed to the City of
West Covina Standards.
7. 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.
8. Prior to the issuance of Building Permits, all of the following shall be satisfied:
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Resolution No. 2005-57
August 16, 2005
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 and
Engineering Departments.
• b. Arrangements for the installation of streetlights 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 sets of
the subdivision and/or development plan to the Engineering Department, Traffic
and Lighting Section, to be used for designing the street light system.
c. A parking lot lighting plan showing electrolier types and locations, average
illumination levels, points of minimum illumination and photometric data in
conformance with planning Commission Resolution No. 2513 and as requested
shall be submitted to and approved by the City Engineer.
d. 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 estimates, required fees shall be paid and
improvement securities for all on -site and off -site improvements (except
buildings) and 100 percent labor/materials securities for all off site improvements
shall be posted prior to final approval of the plans.
9. The proposed subdivision shall conform to West Covina Municipal Code Chapter 20
— Subdivisions.
10. Comply with all regulations of the Los Angeles Water Quality Control Board and
Article H of Chapter 9 of the West Covina Municipal Code concerning
stormwater/urban run-off pollution control.
11. A park dedication in -lieu fee shall be paid to the City Of West Covina prior to
issuance of a Building Permit pursuant to Section 20-40 of the Municipal Code.
12. All on -site drainage devices must drain to a public drainage facility.
13. No parking shall be allowed on Workman Avenue adjacent to the proposed
development.
s. Building Division Requirements:
1. All Conditions of Approval as approved by the City Council shall appear as notes on
the plans submitted for building plan check and permits.
2. Compliance with the State of California Accessibility regulations is required,
including:
a. Accessible path of travel to entrances from the public sidewalk. Clearly show
connection to public sidewalk.
b. All sidewalks and curb within any pedestrian path of travel shall be made
accessible by use of curb ramps.
• c. Common areas, paths and open spaces shall be accessible. (Inside of units is
exempt.)
d. Accessible parking, including at least one eight -foot wide loading zone on the
passenger's side.
3. Fire sprinklers are required.
4. Sanitation District Industrial waste approval is required. (Phone # 310-945-8200)
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Resolution No. 2005-57
August 16, 2005
5. Any development over 1 acre of disturbed land shall file a Notice of Intent (NOI)
obtain a permit from the State Regional Water Quality Board.
6. Provide a detailed Standard Urban Stormwater Mitigation Plan (SUSMP) to
incorporate any best management practices to prevent pollution, trash, litter etc. from
• entering any storm drain, channel or waterway. Covered discretionary projects
include:
• Redevelopment (creating at least 5000 sf new impervious area)
7. SUSMP provisions applicable to all covered projects
• May not increase post -construction runoff where downstream erosion may occur
• Conserve Natural areas
• Minimize pollutants of concern
• Protect slopes and channels
• Provide storm drain stenciling and signage
• Properly design storage and trash areas
• Provide ongoing maintenance of all BMP's
• Infiltrate or treat the volume of a 0.75-inch storm event prior to any discharge to
the storm drain system.
8. All new on -site utility service lines shall be placed underground.
9. Comply with min headroom in powder room.
10. Garage shall have min 20x 20 clear (WH).
11. Side yards may become exit courts and shall comply with UBC exit court requirements.
12. Sidewalks shall be installed to provide complete exit path.
13. Show all sidewalks and street trees.
14. Show distance from centerline of street to property line. Dedication may be required.
15. Turn -around shall be marked as no parking — fire lane.
16. A drainage and grading plans is required. Provisions shall be made for all contributory
drainage. All drainage shall drain to the street or other approved drainage course.
t. Fire Department Requirements:
1. Fire lanes shall be determined by the Fire Department and painted, or posted, before
construction final.
2. An approved number or address must be provided in a position that will be plainly
visible from the street, or road fronting the property. Numbers are required to be a
minimum of six inches in height (commercial property) or three inches in height
(residential property). UFC, Section 901.4.4.
3. Submit a site plan which shows fire apparatus access roads with an unobstructed
• width of not less than 20 feet and a vertical clearance of 13 feet, 6 inches. Cul-de-sac
and turn radiuses shall be a minimum of 35 feet (on -center of 12 feet). Approved
provisions for the turning radius of fire apparatus shall also be provided when a dead-
end access roadway (if applicable) is in excess of 150 feet in length. UFC, Section
902.2.2.
4. New public and/or on -site fire hydrants may be required. Maximum spacing is 300 feet,
or 150 feet from the end of a cul-de-sac or dead-end. Show all fire hydrant locations on
a site map within 300 feet of the project.
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Resolution No. 2005-57
August 16, 2005
5. Plans for fire department access roads shall be submitted for review and approval
prior to construction. Access roads shall have an unobstructed width of not less than
20 feet and an unobstructed vertical clearance of not less than 13 feet, 6 inches. All
parts of the building's exterior wall shall be within 150 feet of an approved Fire
Department access road. UFC, Section 901.
6. Sprinkler system plans for modifications, or for new systems, are permitted separately
by the Fire Department and must be approved before work begins. Submit a
minimum of three sets of drawings. Current fire flow data must be verified by a letter
from the water company.
7. Fire alarm plans for modifications, or for new systems, are permitted separately by
the Fire Department and must be approved before work begins. Submit a minimum
of three sets of drawings.
S. Provide portable fire extinguishers with a minimum rating of 2AIOBC. Locations
shall be determined and equipment mounted before final construction approval.
9. The Fire Department must be contacted a minimum of three to five days in advance
to schedule inspections of testing.
10. This development shall conform with Title 19 and Title 24 of the California Code of
Regulations.
11. Gated access to the property is required to have a card reader installed which will
open the gate automatically, for emergency personnel, with a master card.
PASSED AND APPROVED on this 16`h day August 2005.
Mayor Shelley Sanderson
ATTEST:
City Clerk La4rie Carrico
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do 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 16`h day of August 2005, by the following
vote of the City Council:
AYES:
Herfert, Wong, Sanderson
NOES:
Hernandez, Miller
ABSENT:
None
ABSTAIN:
None
EXPIRATION DATE:
August 16, 2001
•
if not used.
APPROVED AS TO FORM:
O,!/f
City Attorney old Alvarez-Glasman
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