West Covina Municipal Code § 26-312 Preliminary soils report

Definitions related to this article can be found in article I division 4.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

The regulations set forth in this article shall apply to all subdivisions or parts thereof within the City of West Covina and to the preparation of subdivision maps thereof and to other maps or certificates provided for by the Subdivision Map Act. Each such subdivision and each part thereof lying within the City of West Covina shall be made and each such map or certificate shall be prepared and presented for approval as hereafter provided for and required.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Whenever any parcel of land is of such size, design, or shape, or subject to such title limitations of records, or is subject to such topographical conditions or such dominating drainage problems that it is impossible, or impractical in the particular case to conform fully to the provisions of this chapter, the City Engineer may recommend such deviation as may be necessary or expedient to the proper development of the subject property as allowed by state law. In each case of deviation, the City Engineer shall transmit to the Community Development Director or designee with the parcel map and to the Planning Commission with the tentative tract map a written report setting forth each deviation recommended and the reasons therefor.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 43, 3-18-25)

A subdivision or division of land shall conform to the following City standards and requirements:

(a) All adopted General Plan elements and specific area plans.

(b) The master plan of streets.

(c) Standard Specifications for Public Works Construction.

(d) City Engineer's standard drawings.

(e) Any applicable City ordinances and resolutions.

(f) Lot standards as contained in this Code.

(1) Frontage on street. All lots in the subdivision shall have a minimum twenty (20) feet of frontage on a street except that on other than R-1 and/or R-A zoned land an alternate minimum twenty (20) feet wide permanent access easement may be utilized subject to approval of the Planning Commission and/or City Council. Documents necessary to implement an approved permanent access easement shall be subject to review and approval of the City Attorney and shall be recorded concurrently with the final map or parcel map.

(2) Lot dimensions. Lot dimensions shall conform to the standards of development as contained in chapter 26 of this Code or other official plans adopted pursuant to law. Irregularly shaped lots shall be subject to individual approval by the City.

(3) Jurisdictional boundary lines. No lot shall be divided by a county, City or school district boundary line.

(4) Lot side lines. Lot side lines shall be approximately at right angles or radial to the street center line.

(5) Use of flag lots. The standards in this subsection shall only apply to residential flag lots. Residential flag lots may be permitted through a parcel map or tentative subdivision map when they comply with the standards in this section, in addition to any other applicable City standards:

a. Limitation on number of residential flag lots. Flag lots shall not be approved where alternative designs are feasible. To avoid an over-concentration of residential flag lots in any one (1) neighborhood, residential flag lots shall not be allowed where approval of a proposed subdivision would result in flag lots comprising greater than one (1) or ten (10) percent of the number of lots in the immediate neighborhood (whichever is greater). Lots in the immediate neighborhood shall be defined as all lots which would be created by a proposed subdivision plus all residentially-zoned lots lying wholly or partially within three hundred (300) feet of the proposed subdivision.

b. Where a subdivision proposes more than one (1) flag lot a flag lot shall not be located adjacent to another flag lot.

c. Flag lots must have a minimum of twenty (20) feet of frontage on a street. The lot(s) located between the primary portion of the flag lot and the street shall have the minimum feasible depth required to comply with the requirements of chapter 26 of this Code. The accessway serving an infill residential flag lot shall not be included when calculating the required area of that lot.

(6) Cul-de-sacs. Minimum street frontage of thirty-three (33) feet.

(g) Any subdivision that results in a lot without direct access to and from a public street shall dedicate a separate parcel as a private street maintained by the homeowners association. Private streets shall comply with all applicable standards listed in chapter 19, article VIII of this Code.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

In addition to the subdivision report prepared by the state real estate commissioner, the owner, their agent or the subdivider of a residential subdivision containing five (5) or more single-family residences or condominium units shall prepare or cause to be prepared a package of information for distribution to prospective purchasers of homes or units in the subdivision containing the following information:

(a) The zoning applicable to the property being subdivided and to contiguous property.

(b) The text of the land use element of the City's General Plan which is applicable to the subdivision and to contiguous property.

(c) The location of existing and proposed schools which the children of purchasers of property within the subdivision may be expected to attend.

(d) A copy of any conditions, covenants and restrictions which are applicable to property within the subdivision.

(e) Any additional information deemed necessary or appropriate to fully inform prospective purchasers of property within the tract of the conditions which exist within the tract and within contiguous areas.

(f) The owner, his agent or the subdivider shall submit the proposed package of information to the director of planning of the City of West Covina for approval as to form and content. The Community Development Director or their designee may require amendments or the addition of information to the package. A copy of the package as finally approved shall be filed with the director of planning prior to its distribution.

(g) Sales agents of the owner or the subdivider shall deliver a copy of the package of information to each prospective buyer of property within the subdivision, and prior to accepting a deposit on any such property the sales agent shall require the prospective buyer to sign a receipt acknowledging that a copy of the package of information has been delivered to him. The recipient shall contain the sales agent's name, the owner or developer's name, the lot and tract number, the date of the delivery of the information package, and the purchaser's printed name and signature.

(h) Within ten (10) days after the close of escrow on the initial sale of any residence or condominium in the tract, the owner, the developer, or his agent shall file a copy of the receipt for the package of information with the Community Development Director or their designee of the City of West Covina.

(i) The provisions of this section shall be applicable to the initial sale of residences or condominium units in existing tracts or developments, as well as to all tracts or developments hereafter approved within the City of West Covina.

(j) The provisions of this section shall not require the furnishing of any information to a prospective purchaser of property which is contained in the subdivision report prepared by the state real estate commissioner.

(k) The failure of any owner, subdivider or sales agent to obtain the approval of the Community Development Director or their designee of the information package before selling property within the tract or the failure to deliver the package of information and to obtain a receipt therefor from prospective buyers of property shall constitute a misdemeanor punishable in the manner and to the extent provided by law.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

The procedure and practice of all survey work done on any division of land, whether for preparation of a final map or parcel map, shall conform to the standards and details set forth in chapter 15, division 3, of the Business and Professions Code, the Land Surveyor's Act. The allowable error of closure on any portion of a final map or parcel map shall be a minimum of 1/10,000.

In the event that the county engineer, county road commissioner, the state highway engineer, or any City Engineer shall have established the center line of any street or alley in or adjoining a division of land, the final map or parcel map shall show such center line, together with reference to a field book or map showing such center line and the monuments which determine its position. If determined by ties, that fact shall be stated upon the final map or parcel map. Monuments shall be found, set or reset for final maps and parcel maps at least at the following locations, except no additional monuments need to be set for parcel maps prepared from record data:

(a) At all angle points and beginnings and ends of curves on the exterior boundaries of the subdivision or division of land.

(b) At all angle points and beginnings and ends of curves on the exterior boundaries of any and all land dedicated or offered for dedication in fee simple for park or open space purposes.

(c) At the intersections of center lines of streets and at all angle points and beginnings and ends of curves on street center lines.

(d) For each center line intersection monument set, the engineer or surveyor under whose supervision the survey has been made shall furnish to the City Engineer a set of notes showing clearly the ties between such monument and at least four (4) durable distinctive reference points or monuments. Such reference points or monuments may be leads and tacks in sidewalks, or two-inch iron pipe set back of the curb line and below the surface of the ground, or such substitute therefor approved by the City Engineer as appears likely not to be disturbed. The set of center line tie notes shall be filed with the City Engineer within three (3) months of the date required for setting monuments as shown by certification on the final map.

(e) Such set of notes shall be of such quality, form and completeness and shall be on paper of such quality and size as may be necessary to conform to the standardized office records of the City Engineer. All such notes shall be indexed and maintained by the City Engineer as a part of the permanent records of the City Engineer's office.

(f) Whenever the City Engineer has established the center line of a street or alley, such data shall be considered in making the surveys and in preparing the final map, and all monuments found shall be indicated and proper reference made to field books or maps of public record, relating to the monuments. If the points were reset by ties, that fact shall be stated.

(g) City boundaries crossing or adjoining the subdivision or division of land shall be clearly designated and tied in on the final map.

(h) All boundary monuments shall be set prior to recordation of the final map unless extensive grading operations or improvement work makes it impractical to set monuments. If the setting of boundary monuments is deferred, field notes showing the boundary survey and a bond shall be submitted with the final map for checking and guaranteeing that the boundary monuments will be installed. Interior street center line monuments may be set subsequent to recordation of the final map. The final map shall show which monuments are in place and which are to be set. Prior to approval of the final map by the City Council, the subdivider shall submit a written agreement in which he agrees that the monuments so deferred will be set within a specified time, and that the required notes will be furnished within a specified time.

(i) At least one (1) exterior boundary line of the land being subdivided shall be adequately monumented or referenced before the final map is recorded.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Required public improvements shall be constructed in accordance with the following:

(a) The West Covina Municipal Code.

(b) The Standard Specifications for Public Works Construction.

(c) The standards of the City Engineer as approved by resolution of the City Council.

(d) Where applicable the California Building, California Plumbing, California Mechanical Codes as amended and adopted by the City.

Upon completion of the improvements, inspection by the City, and recommendation of the City Engineer, the improvements shall be presented for acceptance by the City Council. Upon acceptance by the City Council the subdivider will be relieved of maintenance responsibility, and the City and/or other appropriate public agencies will assume maintenance of the improvements.

In the case of public open spaces requiring landscaping, irrigation and/or lighting, the subdivider is responsible for a minimum one-year maintenance period after satisfactory completion of the improvements and before acceptance by the City Council. The maintenance period shall be extended for additional periods of time corresponding to any periods of deficient maintenance as determined by the City. Upon completion of the maintenance period and any extensions thereof, inspection by the City, and recommendation of the City Engineer, the improvements shall be presented for acceptance by the City Council. Upon acceptance by the City Council the subdivider will be relieved of maintenance responsibility, and the City and/or other appropriate public agencies will assume maintenance of the improvements.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

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)

(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)

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)

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)

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)

(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)

(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)

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)

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)

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)

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)

The initial and subsequent security furnished by the subdivider may be released in the following manners upon authorization by the City Council:

(a) Completion of all required improvements to the satisfaction of the City Engineer.

(b) Completion of a portion of the required improvements to the satisfaction of the City Engineer and the furnishing of new security by the subdivider for the remaining portion of the required improvements. This procedure will only be initiated at the discretion of the City Engineer, and the new security shall include an estimated amount for any repairs of the previously completed improvements concurrent with the completion of the remainder of the improvements.

(c) The furnishing of new security by the subdivider to replace the initial security.

(d) The furnishing of new security by other person or persons, including assessment districts, which replaces in whole or part the initial security. If replacement is partial, the subdivider shall furnish new security for the portion not replaced.

(e) Such other arrangement or condition at the discretion of and with the approval of the City Engineer may be considered by and authorized by the City Council.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Before approval of a development requiring onsite improvements, the applicant shall enter into a written agreement with the City to construct or install within twelve (12) months of approval all such required improvements as set forth in section 26-314 et seq. (agreements and security) of this Code, which requires security for the agreement. On-site improvements shall include, but not be limited to landscaping, lighting, paving, curbs and drainage devices. Failure to perform under the agreement may lead to revocation of the permit, forfeiture of the security, or any other remedies available to the City.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

The names of streets to appear on final and parcel maps shall be designated by the City Engineer and Community Development Director or their designees. Subdividers may submit suggested names for the City Engineer's and Community Development Director or their designee's consideration. The City Engineer and Community Development Director or their designee shall consider continuity or establishment of naming patterns, phonetic similarity to previously named streets, objectionable or improper connotation, subdivider's desires, and other factors the City Engineer and Community Development Director or their designee find relevant or practical.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

When a subdivision is of a portion of any previously existing lot or lots, the remaining portion or portions of the previously existing lot or lots are remainder parcels and shall be subject to required improvements and dedications as determined by the review authority in accordance to section 26-304 in the same manner as if the remainder parcels were included in the subdivision, including the provisions in this chapter for agreements and security.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 49, 3-18-25)

Maps which have been approved shall not be affected by the adoption of this chapter or amendments thereto, except as follows:

(a) The maps for approved or conditionally approved tentative maps shall conform to the current requirements for parcel maps, tract maps, and final maps at the time of approval.

(b) At the time of consideration of a request to extend the expiration time for a tentative map, such tentative map shall conform to the current requirements for tentative maps; and the Community Development Director, Planning Commission, or City Council may revise or add conditions of approval in accordance with the current requirements for tentative maps.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 50, 3-18-25)