Sec. 26-303. - Waiver of disapproval of maps.

No map shall be disapproved when the failure of the map is solely a result of a technical and inadvertent error which, in the determination of the Community Development Director or designee for tentative parcel maps, Planning Commission for tentative tract maps, and the City Council for final maps, does not materially affect the validity of the map. Upon such a finding, disapproval of the map shall be waived.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 44, 3-18-25)

Sec. 26-304. - Assignment of responsibilities upon review.

(a)

Community Development Director action on tentative parcel maps and urban lot splits. The Community Development Director or their designee shall have the following responsibilities in addition to those otherwise assigned responsibilities:

(1)

Review and approve tentative parcel maps and urban lot splits in accordance with the provisions of the subdivision map act and this chapter.

(2)

Make findings that tentative parcel maps, together with the provisions for their design and improvement, are consistent with the General Plan and/or any specific plans of the City.

(3)

Make findings justifying approval or denial of parcel maps as such findings are specified in this chapter.

(4)

Make findings for parcel maps relating to the waste discharge from proposed subdivisions and the requirements prescribed by a California regional water quality control board as such findings are specified in this chapter.

(b)

City Engineer action on lot line adjustments, lot mergers, and certificates of compliance. The City Engineer shall have the following responsibilities in addition to those otherwise assigned responsibilities:

(1)

Review and approve lot line adjustments, lot mergers, and certificates of compliance in accordance with the provisions of the subdivision map act and this chapter.

(2)

Make findings justifying approval or denial of a certificate of compliance in accordance with the provisions of this chapter.

(3)

Impose conditions through a conditional certificate of compliance in accordance with the provisions of this chapter.

(c)

Planning Commission action on tentative tract maps and appeals. The Planning Commission shall have the following responsibilities in addition to those otherwise assigned responsibilities:

(1)

Make findings that tentative tract maps, together with the provisions for their design and improvement, are consistent with the General Plan and/or any specific plans of the City.

(2)

Make findings justifying approval or denial of tentative maps as such findings are specified in this chapter and the Subdivision Map Act.

(3)

Make findings for tentative tract maps relating to the waste discharge from proposed subdivisions and the requirements prescribed by a California regional water quality control board as such findings are specified in this chapter and the Subdivision Map Act.

(4)

Appeals of the Community Development Director actions on tentative parcel maps.

(d)

City Council action on final maps and appeals. The City Council shall have the following responsibilities in addition to those otherwise assigned responsibilities:

(1)

Make findings justifying approval or denial of final maps, in accordance with the provisions of the subdivision map act and this chapter.

(2)

Grant or deny appeals of actions of the Planning Commission on tentative parcel maps, tentative tract maps, and vesting tentative maps.

Table 8-1 Assignment of Responsibilities Upon Review

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 45, 3-18-25)

Sec. 26-305. - Appeal of findings by reviewing authorities.

Any interested person can appeal the findings specified in this article to the Planning Commission or City Council in the manner prescribed in the Subdivision Map Act. Appeals shall be accompanied by the fee as set from time to time by resolution of the City Council.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 46, 3-18-25)

Sec. 26-306. - Dedication or irrevocable offers of dedication.

The Planning Commission shall determine the requirements, if any, for dedications or irrevocable offers of dedication concurrent with its approval or conditional approval of tentative maps. Irrevocable offers of

dedication shall not be limited in any manner except as specified in the Subdivision Map Act as to the time or time periods in which the City may accept, reject, terminate, or abandon the offer of dedication. Required dedications or irrevocable offers of dedication shall be by certificate on the final or parcel maps unless the City Engineer finds such procedure to be impractical, in which case, separate instruments may be processed by the City Engineer through the City Council for recordation.

The Planning Commission may require dedications or irrevocable offers of dedications for the following purposes as prescribed in the Subdivision Map Act:

(a)

Streets, alleys, waivers of direct access rights and abutter's rights, drainage, water, sewerage, bicycle paths, equestrian trails, access easements, public utility easements, and such other public easements as may be deemed necessary by the Planning Commission.

(b)

Local transit facilities as prescribed in and restricted by the Subdivision Map Act.

(c)

Parks and recreation as prescribed in this chapter and as prescribed in and restricted by the Subdivision Map Act.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-307. - Reservation of real property for public use.

The Planning Commission shall determine the requirements, if any, for reservations of real property in a subdivision for parks, recreational facilities, fire stations, libraries and/or other public uses concurrent with its approval or conditional approval of tentative maps. Such reservations, if any, shall be imposed in accordance with the provisions of the Subdivision Map Act.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-308. - Parks and recreation.

(a)

Dedications for parks and recreation shall be 3.2 acres per one thousand (1,000) residents of the subdivision. The number of residents of the subdivision for purposes of this section shall be the product of the average household size in the City as disclosed by the most recent available federal census and the number of housing units in the subdivision.

(b)

The land dedicated for parks and recreation shall:

(1)

Be in a location and configuration approved by the Planning Commission.

(2)

Be rough graded, including drainage devices, in accordance with a grading plan approved by the recreation and parks director, Community Development Director or their designee and City Engineer.

(3)

Be fully usable for parks and recreation purposes with the majority of the on-site area being graded at two (2) percent and with areas of grades exceeding twenty (20) percent not being included in the computation of the area required to be dedicated.

(4)

Have all public utilities stubbed out to the site and have all connection charges paid including annexation to the county sanitation district.

(5)

Have all public works improvements installed adjacent to the site.

(c)

In such instances where dedication is not required, in total or in part for subdivision, an in-lieu fee shall be paid. The fee shall be equivalent to the value of the land which would have been dedicated if dedication were required. The value shall be the fair market value of the land if it were to be sold immediately after completion of the full improvements in the subdivision. Fair market value shall be determined in accordance with the following:

(1)

The fair market value as determined by the City Engineer and the Community Development Director or their designee based upon the average anticipated sale prices of the fully improved lots, excluding buildings, in the subdivision; or

(2)

If the subdivider objects to such evaluation, he may at his expense obtain an appraisal of the property by a qualified real estate appraiser approved by each party, which appraisal may be accepted by both if found reasonable; or

(3)

The City Council may determine the fair market value.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-309. - Park fees.

(a)

Every person who constructs a multiple-family residential development or multiple single-family residential lots shall pay a fee as set forth in section 26-309 (parks and recreation) for the purpose of providing park and recreational facilities to serve future residents of such development.

(b)

This section shall apply to all undeveloped multiple-family residential property and to all approved precise plans and/or conditional use permits which have not commenced construction prior to the effective date of this section.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-310. - Required improvements.

The Planning Commission, concurrent with its approval or conditional approval of the tentative tract map, or the Community Development Director concurrent with the approval or conditional approval of the tentative parcel map, shall require the following improvements constructed to the satisfaction of the City Engineer unless specific findings are made that construction of said improvements are unnecessary and impractical:

(a)

Construction of subdivision streets in accordance with the master plan of streets, standard specifications for public works construction, and the City Engineer's standard drawings, including but not limited to asphalt concrete or portland cement concrete pavement, aggregate base, portland cement concrete curbs and gutters, portland cement concrete sidewalks, surface drainage facilities, and portland cement concrete driveway approaches.

(b)

Construction of half of the adjoining portions of exterior streets in accordance with the master plan of streets, Standard Specifications for Public Works Construction, and the City Engineer's standard drawings, except that the minimum width constructed shall be twenty (20) feet, in the same manner as subdivision streets.

(c)

Construction of landscaped and irrigated street median islands.

(d)

Installation of street lighting in accordance with plans and specifications approved by the City Engineer or his duly authorized representative.

(e)

Installation of street trees and of tree wells.

(f)

Irrigation, landscaping and lighting in open space areas and irrigation and landscaping on slopes in accordance with plans and specifications approved by the Community Development Director or their designee.

(g)

Installation of traffic signals at subdivision street intersections where needed as determined by a traffic and engineering study in accordance with plans and specifications approved by the City Engineer.

(h)

Payment of a fair share cost of traffic signals at adjoining exterior street intersections or adjoining exterior street and subdivision street intersections as determined by the City Engineer. The fair share cost is to be computed by the City Engineer based upon the estimated construction cost of the traffic signal, preliminary and construction engineering, materials testing, and contingencies not exceeding twenty (20) percent of estimated construction cost.

(i)

Construction of adequate sewerage, water and drainage systems in accordance with the standards of the City of West Covina, Los Angeles County Flood Control District, Los Angeles County sanitation districts, and local domestic water purveyor to the satisfaction of the City Engineer.

(j)

Installation of public utilities, including mail boxes and cable television trenching, conduit, pull boxes, pedestals and easements.

(k)

Construction of private streets in accordance with City of West Covina standards to the satisfaction of the City Engineer.

(l)

Installation of traffic signing and street name signing in accordance with standards of the City of West Covina to the satisfaction of the City Engineer.

(m)

Installation and/or construction of such other improvements which the Planning Commission finds necessary and practical for the general use of the lot owners and/or to ensure conformity to or implementation of the General Plan and applicable specific plans

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 47, 3-18-25)

Sec. 26-311. - Additional improvements.

The Planning Commission concurrent with its approval or conditional approval of the tentative tract map and the Community Development Director concurrent with the approval or conditional approval of a

tentative parcel map shall require the payment of fees or the submittal of an agreement with approved security for planned drainage facilities as shown on the City's side drainage report, master plan of drainage, or other drainage study as it finds necessary and practical. Such fees or agreements shall be applied and administered in accordance with the provisions of the Subdivision Map Act.

The Planning Commission or Community Development Director also shall also require that any required improvements shall contain supplemental size, capacity or number for the benefit of property not within the subdivision as the Planning Commission finds necessary and practical. Such improvements shall be required to be dedicated to the public as shall be determined.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 48, 3-18-25)

Sec. 26-312. - Preliminary soils report.

A preliminary soils report, prepared by a civil engineer or soils engineer registered in the State of California, and based upon adequate test borings, shall be required for all subdivisions unless waived by the Planning Commission upon finding that no preliminary soil analysis is necessary due to the knowledge that the City has as to the soils qualities of the soils of the subdivision.

If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, the subdivider shall have performed a soils investigation of each lot in any problem area in the subdivision as may be recommended by the preparer of the preliminary soils report and/or as required by the City Engineer or City building official.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-313. - Agreements and security.

A subdivider may enter into an agreement with the City, provided the performance of the agreement is guaranteed by security as indicated in the Subdivision Map Act, in lieu of constructing required improvements prior to approval of final or parcel maps. Deferral of improvements on parcel maps shall include a covenant and a note on the final parcel map that includes an estimated construction cost. The agreement shall be on the form provided by the City Engineer or such other form as is approved by the City Attorney. The period in which the construction is to be completed is one (1) year from the date of execution of said agreement or prior to occupancy of any structure in the subdivision, whichever is sooner, or for such other period of time found to be practical and approved by the City Engineer. The completion time hereinbefore mentioned may be extended by the City Engineer as necessary to ensure orderly and satisfactory completion of required improvements. In no event may said completion be extended for more than four (4) years beyond the initial completion date. The City Engineer is authorized to execute such agreements on behalf of the City.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)