The URL can be used to link to this page

12-17-2013 - Government Tort Claim Denials - Item 3.pdfReviewed & Approved by: NAa McKay Director of Finance & Administrative Services City of West Covina MEMORANDUM AGENDA ITEM NO.: 3 DATE: December 17, 20.13 TO: Mayor and City Council FROM: Christopher J. Chung City Manager BY: 1 Nita McKay Director of Finance & Administrative Services SUBJECT: GOVERNMENT TORT CLAIM DENIALS RECOMMENDATION: 1 It is recommended that the City Council deny the following Government Tort Claims, and the laimants and/or their respective attorneys be so notified. William Puklus vs. City of West Covina Celine Chen vs. City of West Covina Anne Kamos vs. City of West Covina Emily Turner vs. City of West Covina Ana Zamora vs. City of West Covina DISCUSSION: After a review of the investigation in these matters, staff and the City's claims administrator, Carl Warren & Company, determined the City was not liable and recommend denial. As you are aware, since all claims should be considered potential lawsuits, it is requested that all Council Members refrain from making specific public comments so as not to prejudice any claim. Specific questions should be referred to the City Attorney. FISCAL IMPACT: Unknown at this time. Prepared by: at88CQ I DIM 061-e--) Debbie Dominguez Safety & Claims Manager City of West Covina Memorandum AGENDA TO: Mayor and City Council ITEM NO. 4 DATE December 17, 2013 FROM: Christopher J. Chung City Manager BY: Shannon A. Yauchzee, Director/City Engineer Public Works Department SUBJECT: AWARD OF BID FOR TRAIL REPAIR WORK AT HERITAGE PARK FUNDED BY LOS ANGELES COUNTY PARK BOND MONIES (PROJECT NO. PP-13209) RECOMMENDATION: It is recommended that the City Council take the following actions: 1. Award the bid to Micon Construction, Inc. in the amount of $97,618.00 as submitted on December 10, 2013, and authorize the Public Works Director/City Engineer and City Clerk to execute an agreement with Micon Construction, Inc. to perform trail improvements at Heritage Park. 2. Appropriate funding in the amount of $140,000 to Capital Improvement Project No. 143.82.8331.7700 as pre-approved from the Los Angeles County Regional Park and Open Space District Prop A Maintenance and Servicing Funds. DISCUSSION: The Safe Neighborhood Parks Proposition of 1992 and 1996 ("The Proposition") was approved by the voters to provide new park projects throughout Los Angeles County. The Heritage Park Trail was one of the projects approved for funding and completed in 2006. Provisions for funds to provide maintenance and services to offset the increasing maintenance costs of this project were also included in the Proposition. The Proposition also included funding for one-time extraordinary maintenance expenses that cannot be anticipated. Therefore, in addition to the annual budgeted ordinary maintenance expenses, an agency may claim eligible extraordinary expenses as they occur, providing that the City has sufficient discretionary funds available for the request. Due to the unusual heavy rain fall over the past few years, the trails have become rutted and erosion on the hillside has caused drainage problems. On March 26, 2013, City staff met with a representative of the Regional Park and Open Space Department to review the project site and scope of work. Listed below is the scope of work for the Los Angeles County project: 1. Install approximately 700 feet of drainage swales. 2. Install irrigation and hydroseed approximately 55,000 feet for erosion control. 3. Repair approximately 1,000 feet of granite trails. 4. Install 30 trail cross drains. On August 12, 2013, a job walk took place at the job site. On December 10, 2013, two (2) bids were submitted to perform the work. The lowest responsive bid was received from Micon Construction, Inc. of Placentia, California in the amount of $97,618.00. The following is a summary of the bids received. N a . Cour= 1- Cd n Placentia Bid Amount $97,618.00 1. Micon Construction, Inc. 2. Green Giant Landscape La Habra $98,000.00 Pending the City Council's approval of this report's recommendations, the anticipated completion date of this project is March 2014. Christopher J. Chung, City Manager And City Council Page 2 — December 17, 2013 ALTERNATIVES: Reject the bids received and direct staff to seek new bids. Since a favorable bid within budget was received, it is unlikely that seeking new bids would reduce costs any further. FISCAL IMPACT: On November 21, 2013, the City received a pre-approval from the Los Angeles County Regional Park and Open Space District for up to $140,000.00. The costs are fully reimbursed once the project is completed and reported to the County. If any of the $140,000 in approved funding is not charged to the project, those funds are not reimbursable and will be lost. A Capital Improvement Program Project No. PP-13209 (Account No. 143.82.8331.7700) has been established for this project. In addition to the $97,618.00 for the construction contract, a sum of $28,312.00 is needed for administration, inspection, and contingencies for a total funding of $125,930.00. Since a favorable bid was received, staff recommends 11,000.00 be allocated to provide additional irrigation and hydroseeding to enhance the stabilization of the slopes to prevent further erosion. There will be no impact to the General Fund. \ 0. I tvm .k.umunt 1. Original Construction Contrace l) 97,618.00 2. Additional Irrigation and Hydroseeding — Change Order (2) 11,000.00 3. Administration, Inspection, and Contingencies (3) 28,312.00 Total 136,930.00 (1) Original construction contract (2) Added scope of project/contract due to a favorable bid. (3) Covers staff time to inspect and manage the project, and contingencies to cover any possible unforeseen conditions or change orders. PrepaWby: Mike J. Shott Public Works Project Supervisor Reviewed/Approved bX: Shannon A. Yauchzee Director/City Engineer Reviewed/Approved by: ZAAGENDA - 20131Award of Bid for Repair Work at Heritage Park PP-13209.doc City of West Covina Memorandum AGENDA TO: Mayor and City Council ITEM NO. 5 DATE December 17, 2013 FROM Christopher J. Chung City Manager BY: Shannon A. Yauchzee Public Works Director/City Engineer SUBJECT: AWARD OF BID FOR CONSTRUCTION OF BUS PADS, CURB AND GUTTER REPAIR, SIDEWALK, AND WHEELCHAIR RAMPS (PROJECT NOS. SP-14103, SP-14104, SP-14105 AND SP-14106) RECOMMENDATION: It is recommended that the City Council accept the bid of Gentry Brothers, Inc. of Irwindale in the amount of $247,096.00 as submitted at the bid opening on November 21, 2013, and authorize the Public Works Director/City Engineer and City Clerk to execute an agreement with Gentry Brothers, Inc. for the work to be done. DISCUSSION: The City of West Covina repairs damaged concrete curb, gutter, sidewalks, and driveway aprons caused by extensive wear and tear, sub-grade settlement, or growth of tree roots and constructs new and upgraded wheelchair ramps each year in an effort to maintain its existing infrastructure. It is required by American Disability Act (ADA) to continually replace or upgrade wheelchair ramps that no longer meet current standards for the mobility of physically challenged individuals. In addition, the City of West Covina constructs new bus pads to reduce asphalt damage caused at bus stops when funds are available. Staff compiled a list of locations to be repaired and/or upgraded as part of the Fiscal Year 2013- 2014 Capital Improvement Program (CIP). Each year the City Council adopts a Capital Improvement Program, which identifies all of the major projects to be undertaken to improve facilities and infrastructure within the City. During the fiscal year, a separate CIP document that reflects the current year program and proposes a program of prioritized projects for the next four to five years is prepared. Capital Projects may be funded from a variety of funds, with the majority of projects funded from restricted funds. The proposed work is budgeted within the 2013-2014 CIP. The work to be performed includes the construction of new bus pads, removal and replacement of existing damaged concrete curb, gutter, sidewalk, driveway aprons, and construction of upgraded concrete wheelchair ramps including all incidental and appurtenant works at various locations citywide. A notice inviting bids for this project was advertised in the San Gabriel Valley Tribune on November 6, and November 13, 2013. In addition, the project was advertised in the Contractor's Green Sheet and Daily Construction Service, which notifies contractors of upcoming projects in Southern California. The bids for this project were opened in the City Clerk's office on November 21, 2013. A total of twelve (12) bids were received, opened, reviewed for errors, and all were determined to be valid. According to State and local law, the project must be awarded to the lowest responsible bidder. The lowest responsive bid was $247,096.00 submitted by Gentry Brothers, Inc. of Irwindale, California. Christopher Chung, City Manager and City Council Page 2— December 17, 2013 The following is a summary of the bids received. N, o. ( ontractor ( 'ii n Irwindale Bid i mount $247,096.00 1. Gentry Brothers, Inc. 2. Premier Developing Services, Inc. Rowland Heigjhts $263,396.00 3. TSR Construction & Inspection Rancho Cucamonga $276,296.00 4. Kalban, Inc. San Valley $292,072.00 5. Mora's Equipment & Construction Rivera $298,540.00 6. ASCI Placentia $320,537.00 7. Grigolla & Sons Construction Co., Inc. Azusa $389,720.00 8. Y & M Construction, Inc. Gardena $392,378.00 9. Unique Performance Const, Inc. Anaheim $408,324.00 10. PTM General Engineering Service, Inc. Riverside $424,014.00 11. CPO Enterprises, Inc. Covina $462,208.00 12. ND Electrical Construction, Inc. Anaheim $673,341.00 If the contract is awarded, the physical work for this project is scheduled to commence in mid January 2014, and is expected to be completed in March 2014. For safety purposes and to facilitate the dropping off and picking up of students, construction will not be permitted adjacent to schools at least 45 minutes before and after the schools' start and finish times. Pursuant to the California Environmental Quality Act Guidelines Section 15302-Class 2, the aforesaid improvements are of a minor nature and, therefore, the project is categorically exempt from the requirements for Environmental Impact Report or Negative Declaration of Environmental Impact Report. ALTERNATIVES: Reject all bids received and re-advertise. Since a favorable bid was received, it is unlikely that seeking new bids would reduce costs any further. FISCAL IMPACT: There will be no impact to the General Fund. Funds were approved as part of the Capital Improvement Program (CIP) budget by the City Council. The funds available for this project are as follows. No. Project 1 o. Funds ‘ccotmt No. 1 mount 1. SP-14103 Proposition C 122.81.8415.7900 $80,000.00 Community Development Block 131.81.8416.7900 $50,000.00 2. SP-14104 Grant (CDBG) Gas Tax 124.81.8416.7900 $50,000.00 3. SP-14105 Transportation Development Act (TDA) Fund 128.81.8417.7200 $50,000.00 4. SP-14106 Community Development Block Grant (CDBG) 131.81.8418.7900 $85,000.00 Total $315,000.00 • Proposition C (Fund 122) — Under Proposition C, the City receives a portion of an additional 1/2 cent sales tax approved for transportation-related programs in Los Angeles County. The funds may be used for certain capital projects or transportation projects similar to those allowed under Proposition A. Projects include street rehabilitation and reconstruction, traffic monitoring systems, congestion management and planning, bus shelter maintenance, and Park-and-Ride lots. • Community Development Block Grant (Fund 131, 225) — This fund accounts for activities of the Community Development Block Grant received from the US. Department of Housing and Urban Development, including monies received from this agency as part of the Federal stimulus program. ZAAGENDA - 2013 \Award of Bid for SP-14103 SP-14104 SP-14105 SP-14106.doc Christopher Chung, City Manager and City Council Page 3 — December 17,2013 • Transportation Development Act (Fund 128) — This fund is received through the County and may only be used for specific transportation development purposes. These funds are generally used by the City for sidewalk rehabilitation and construction and the long-term transportation planning efforts within the City. Project funding will be allocated as follows. No. Item ‘inotinl 1. Bid amount $247,096.00 2. Preliminary Engineering(1) 10,000.00 3. Inspection and Construction Administration' ) 33,194.00 4. Contingencies (Change orders for unknown conditions or additional repairs.)() 24,710.00 Total $315,000.00 (1) Preliminary engineering inspection and construction administration provides City staff cost in administering program funding. (2) Contingencies is estimated at 10% of bid amount is to be approved by City Council as part of Public Works bidding procedures. Contingencies are paid to contractors for overages, unforeseeable conditions, and additional repairs. Reviewed/Approve4 by: Shannon A. Yauchzee Civil Engineering Associate Director/City Engineer Reviewed/Approved by: Attachment No. 1 Location Map for Construction of Bus Pads Attachment No. 2 Location Map for Curb and Gutter Repair, and Construction of Sidewalk Attachment No. 3 Location Map for Construction of Wheelchair Ramps Z:\AGENDA - 2013 \Award of Bid for SP-14103 SP-14104 SP-14105 SP-14106.doc lira II argE.11111111111111 It.'M I WIN EE "IIIIMNIIMI 1127.. 1 I Li n.. ..% . N I A "...111111 31a1Aii inairzP27.- Ain LE boil r km 1 IfrixtIPIMINIffarlholl r uri i1., -.7; ...... zerplurorsi ...., "ffireimpillism PI 'Y'fflitillag d5IMEVI „ a.— LEVAITIltif:574.1,7°_,/,-". t! rifils-7,...j.wwir.i..0%-wometti IiiMIcittelitliitalig" --34" F.. SI .1.• 1141144V1111 PAV:i:411.11,041,311111111;V' IY I 4-.APAitriwiti."".11EU61,41,.....41-7dirt47 jilti""1.1.9111tir I hilin#17, r.LArrrair= linai errni.64 " /71":Net A III, . pli lit-aael TIIMil a ....,ta 1.4- 11=3*-IittiliALL1 i # , . jitlk itli. 7..,...&./.. Noo'7_41 Tit -E4-010p — MI6 vl 1471144' Aigirl c3a _11........ L Lessimr,;=,N.Pc. 1-11m1ThLtim em ILliii:11n12n111•4r N- or Lilj et 4 / -Tli ii 1 i. Legend Bus Pad Locations City Project SP-14103 Attachment No. 1 Construction of Bus Pads Location Map at Various Locations Citywide ?..--416-1115MIEStiviit fir AcrAird Tzmvx_L mil !! &fry *E rdal alrmitrefiraw(illfleiPM $AllriliTritg liiillOggial.19 5tin rs=n 1010.411110,11(li qiiiVi 4,01„,:ir..3111 1"1.11 741S1119,411,40P114-4111111rill ift ErilhiT' - Arl 4te "d` --‘i 1 /Wit It _LI IVAIII 1 , . . i411.4„co.,.16:, -,k 'J 'ILA2.1.tirrai 0541:4Er t-g- . ,"=iii-,, 13tilinill u j .1'17 itkIraisr*Ofiap,' ilij t IMATi ! ir-.'a f4 r-ti - -II ANL .-$A'Tow" 916.1211411... rrf rtiiityl,ipm mes rpm" 4001511#11fill #4.4114.P-77f Ag, rawa==, mom MI= Legend A Curb & Gutter! Sidewalk Locations City Project SP-14104 / SP-14105 Attachment No. 2 Curb & Gutter Repair and Location Map Construction of Sidewalk at Various Locations Citywide c '' T tr74. ,.. 0 ..............„„„,,,,,,,,,,Die. ...3„.,.......:„,,L,„,!re pour PPP 2111111n1[1irlisIi—=iirviirmakth4.01 ......41 put ,ogiN ipppgi fical r"irfejr1-17 A it' asal6,15,„trao,. ii,M ha „Ill—PP 1 " lel "IrtillgA illP ."1- - IFI "am ..., wricgrotth]ilarne' =3,5Fnia* -A,t,),Nt iftr-drur 9atlivicEEE AlaRra irfrnta PRII I ulprrs, ,Imicruo6= 17irk-LIMUUSII nip mom %I C22 5.szir _ 41v Legend Wheelchair Ramp Locations City Project SP-14106 Attachment No. 3 Construction of Wheelchair Ramps at Various Locations Citywide City of West Covina MEMORANDUM AGENDA ITEM NO.: 6 DATE: December 17, 2013 TO: Mayor and City Council FROM: Christopher J. Chung City Manager BY: Shannon A. Yauchzee Public Works Director/City Engineer SUBJECT: APPROVE AND AWARD OF BID FOR BUS STOP ENHANCEMENT PROGRAM (PROJECT NO. SP-14115) RECOMMENDATION: It is recommended that the City Council take the following actions: 1. Approve and award the contract to Malibu Pacific Tennis Court, Inc. of Westlake Village in the amount of $126,625.00 as submitted at the bid opening on November 21, 2013, and authorize the Public Works Director/City Engineer and City Clerk to execute an agreement with Malibu Pacific Tennis Court, Inc. for the work to be done. 2. Appropriate funding in the amount of $70,000 to Capital Improvement Project No. 232.81.8431.7900 as pre-approved from the Foothill Transit Authority's Bus Stop Enhancement Program Grant. DISCUSSION: The City of West Covina has been approved to receive two (2) Foothill Transit Bus Stop Enhancement Program Grants for fiscal years 2012 and 2013,in the amount of $35,000.00 each. These grants are offered annually, on a competitive basis, for the enhancement of bus stop locations to cities where Foothill Transit operates.This grant requires a minimumof 20% ($14,000.00) city-matching funds, which is more than exceeded by City Gas Tax funds.The project consists of purchasing and installing City standard bus shelters, solar panels, Big Belly Solar trashcans, concrete flatwork, and painting of red curbs. The Engineering Division has identified eight (8) locations of high transit ridership serving sites within the City including the West Covina Civic Center, Plaza West Covina, and the Azusa Avenue/Amar Road intersection which has recently been widened(Attachment No. 1). The bus stop locations are selected based on several factors which include but not limited toridership, Foothill Commuter Silver-Streak bus stop routes, and frequently visited locations such as the U.S. Post Office, the Civic Center, and the West Covina mall.Additionally, the project includes the purchase of four (4) bus shelters to be stored at the City's Maintenance Yard for future use in the Caltrans' I-10 Freeway widening project at the Azusa Avenue bus stops along the freeway.Caltrans will install all four shelters. Cahrans contractor will purchase these at a future time and the City will recoup all costs. A notice inviting bids for this project was advertised in the San Gabriel Valley Tribune on November 5, and November 12, 2013. In addition, the project was advertised in the Contractor's Green Sheet and the Daily Construction Service. On November 21, 2013, a total of nine (9) bids were received and checked for errors, and all were determined to be valid. The following is a summary of the bids received. No Contractor :City Bid Amount 1 Malibu Pacific Tennis Courts, Inc. Westlake Village ' $126,625.00 2 Sadie Construction, Inc. Placentia $135,475.00 3 Premier Developing Services, Inc. Rowland Heights $135,897.45 4 ND Electrical Construction, Inc. Anaheim $135,906.00 5 CPO Enterprises, Inc. Covina $148,350.00 6 ABNY General Engineering, Inc. Glendora $153,750.00 PTM General Engineering Service, Inc. Riverside $168,867.00 Gentry Brothers, Inc. Irwindale $177,300.00 Humphrey Constructors Diamond Bar $180,390.00 The lowest responsive bid was $126,625.00 from Malibu Pacific Tennis Courts, Inc. of Westlake Village, California. The Engineering Division has verified that the lowest responsive bidder possesses the appropriate license as well as experienced on projects with similar scope of work. Christopher Chung, City Manager and City Council Page 2 — December 17, 2013 According to State and local law, the project must be awarded to the lowest responsible bidder. If awarded, the project construction will commence by mid January 2014, and will be completed within six to eight weeks. Pursuant to the California Environmental Quality Act Guidelines Section 15302-Class 2, the aforesaid improvements are of a minor nature and, therefore, the project is categorically exempt from the requirements for Environmental Impact Report or Negative Declaration of Environmental Impact Report. ALTERNATIVES: 1. Reject all bids received and re-advertise. Since a favorable bid was received, it is unlikely that seeking new bids would reduce costs any further. Additionally, rejecting bids requires justification to Foothill Transit and could potentially jeopardize the time-sensitive grants. 2. Reduce the scope of work by eliminating some locations from the proposed list. This alternative requires negotiation of a change order or a re-bid and approval by Foothill Transit which in turn will delay the project and potentially jeopardize the time-sensitive grants. FISCAL IMPACT: There will be no impact to the General Fund.The required 20% city-matching fund will be utilized from fund 122(Proposition C). Additional funds from Gas Tax (124) and Proposition C (122) are also required in the amounts below.Funding for this project is as follows: . 2 ..Fup,t4ug .Suuree .,(Squunt: Number Amount . SP-14102 Prop C — 122.81.8414.7900 $50,000.00 2. SP-14115 — Foothill Transit Grants Grant — 232.81.8431.7900 $70,000.00 3. SP-13104 Gas Tax — 124.81.8321.7200 $30,000.00 Total $150,000.00 • Proposition C (Fund 122) — Under Proposition C, the City receives a portion of an additional 1/2 cent sales tax approved for transportation-related programs in Los Angeles County. The fUnds may he used for certain capital projects or transportation projects similar to those allowed under Proposition A. Projects include street rehabilitation and reconstruction, traffic monitoring systems, congestion management and planning, bus shelter maintenance, and Park-and-Ride lots. . Funds to be used to complete the project are as follows: No Item Amount . Construction Cost $126,625.00 2. Construction Management, Testing, and Inspection (1) $11,375.00 3. Contingencies(2) $12,000.00 Total $150,000.00 (1) Preliminary engineering inspection and construction administration would be paid to City staff cost in administering program funding. (2) Contingencies is estimated at 10% of bid amount is approved by City Council as part of Public Works bidding procedures. Contingencies is paid to contractors for overages, unknown conditions, and additional repairs. Prepared by: Oscar Caplin Reviewed/Approved 5y: Shannon A. Yauchzee Civil Engineering Associate Director/City Engineer Reviewed/Approved by: Finance Attachment No. 1 Location Map Attachment No. 2 Bus Shelter Picture IFA „Arai "Mom. "S"En'TM, il .1112111Eif El 171110-=—%re LIZ illtipm if .1-11R77-altigibirrirottin#111 11114 Frilarigga2.1117a1119 * RI IMF • lin ik..74„); eV* A11111 4,p At Irma. a ay. $t" 4(N, al rinlikal IAA • 16-+" FM ..APrrirruir.='. INK jantlii„ Nam mar E.0.141.....114311L Z.- Attachment No. 1 Location Map City Project SP-14115 Bus Stop Enhancement Program Legend Bus Stop Locations A. Sunset Ave south of Plaza Drive. B. Azusa and Amar Intersection - 2 Shelters. C. Valinda Ave south of Glendora. D. Merced Ave east of Orange Ave. E. Merced and Valinda Intersection. F. Cameron Ave west of Fernwood. G. Citrus Ave west of Walnut Creek Pkwy. ATTACHMENT NO. 2 City of West Covina Memorandum TO: Mayor and City Council AGENDA ITEM NO. 7 FROM: Christopher J. Chung City Manager DATE: December 17, 2013 BY: Chris Freeland Deputy City Manager/Community Services Director SUBJECT: CANCELLATION OF JANUARY 7, 2014, CITY COUNCIL MEETING RECOMMENDATION: It is recommended that the City Council cancel the City Council meeting of January 7, 2014, due to the upcoming holidays. DISCUSSION: The City of West Covina is presenting this item for the City Council's consideration and to provide advanced notice to the general public. Per Government Code Section 54955, "The legislative body of a local agency may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the adjournment." City staff is requesting the City Council consider canceling the January 7, 2014, City Council meeting, since City Hall will be closed the .week prior to the City Council meeting, which will reduce the amount of time that staff has to research and prepare staff reports. FISCAL IMPACT: None Prepared By: Chris Freeland Deputy City Manager/Community Services Director City of West Covina Memorandum AGENDA ITEM NO. 8 TO: Mayor and City Council FROM: Christopher J. Chung City Manager DATE December 17, 2013 BY: Chris Freeland Deputy City Manager/Community Services Director SUBJECT: PARTNERSHIP WITH THE GREATER WEST COVINA BUSINESS ASSOCIATION FOR THE 2014 SUMMER CONCERT SERIES RECOMMENDATION: It is recommended that the City Council take the following actions: 1. Approve a partnership with the Greater West Covina Business Association (GWC) to provide the 2014 Summer Concert Series at the Civic Center; and 2. Authorize the City Manager to execute an agreement with the GWC to manage the 2014 Summer Concert Series at a cost not to exceed $15,500, with funds identified in the West Covina Community Services Foundation. DISCUSSION: For the last few years, the Greater West Covina Business Association (GWC) has been fully responsible for all aspects of the Summer Concert Series, from scheduling the bands, marketing of the event, and fundraising to offset the costs of the event through sponsorships and fees from vendors selling their merchandise during the concerts. For the last two years, the City of West Covina partnered with the GWC for the Summer Concert Series at the Civic Center. The partnership has been very successful. The GWC is seeking approval to once again partner with the City for the 2014 Summer Concert Series. The Summer Concert Series will run for six weeks, beginning on Thursday, July 10, 2014, and conclude on August 16, 2014. According to the GWC's proposal (Attachment No. 1), the cost of the Summer Concert Series is as follows: • Entertainment (Six Concerts) $ 6,500 • Audio System $ 4,800 • GWC Administrative Fee to Run Concert Series $ 1,900 • Marketing of Events $ 2.300 Total $15,500 Last year, the GWC generated revenues from business sponsors and selling vendor booth space at the event. Approximately $5,200 was generated, which was shared equally between the City and GWC. The GWC and the City are optimistic that revenues would increase this year, with greater time for the GWC to seek sponsors and vendors. The agreement (Attachment No. 2) includes language that all revenues generated from the 2014 Summer Concert Series will be shared equally (50%-50%) between the City and GWC. The GWC and City staff are presenting this agreement several months early in order to provide the GWC a better opportunity to confirm participation from the bands. Many of them perform in other community concert series and their schedules are already being filled up. Chris Freeland Deputy City Manager/Community Services Director ALTERNATIVES: The City Council has the following alternatives available: 1. Deny GWC's funding request and instruct City staff to manage the 2014 Summer Concert Series. City staff does not recommend this option, as the GWC has proven to successfully manage the Concert Series, obtain sponsorships, and works well with the City. 2. Deny GWC's funding request and not hold the 2014 Summer Concert Series. City staff does not recommend this option, as funding has been made available from a donation from Athens Services for this program. Should the City Council cancel the Summer Concert Series, City Staff would reprogram Athens Services donation to other community events. 3. Provide alternate direction. FISCAL IMPACT: In 2012, the City Council approved a contract extension with Athens Services for waste collection in the community. Within the contract is an annual donation of $20,000 from Athens Services to provide funding for the City of West Covina's Summer Concert Series. Those funds have been deposited into the West Covina Community Services Foundation. The remaining funds are utilized to provide funding for other community events throughout the year. Attachments: Attachment No. 1- Proposed Agreement Between the City and GWC for the 2014 Summer Concert Series Attachment No. 2- GWC 2014 Summer Concert Series Proposal Attachment No. 1 AGREEMENT FOR MANAGEMENT OF THE 2014 WEST COVINA SUMMER CONCERT SERIES This Agreement for the management of the 2014 West Covina Summer Concert Series (herein referred to as "Agreement"), made this 18 th day of December 2013, by and between the City of West Covina, a municipal corporation, herein called "City" and the Greater West Covina (GWC) Business Association, herein called "Consultant". Herein City and Consultant may be jointly referred to as the "Parties" and individually as the "Party". WITNESSETH WHEREAS, City desires to engage Consultant to provide management and delivery of the 2014 West Covina Summer Concert Series; and WHEREAS, Consultant represents that Consultant is willing and able to perform such services hereinafter defined, and its principal representative is authorized to enter into this Agreement on behalf of the GWC. NOW, THEREFORE, in consideration of mutual promises, covenants and conditions herein contained, the sufficiency of which has been established by the Parties, City and Consultant agree as follows: 1. REPRESENTATIVES OF THE PARTIES AND SERVICE OF NOTICE. The representatives of the Parties who are primarily responsible for the administration of the Agreement, and to whom formal notice, demands and communications shall be given, are as follows: A. The principal representative of the City shall be: City of West Covina Attn: Chris Freeland, Deputy City Manager/Community Services Director 1444 West Garvey Avenue West Covina, CA 91790 Telephone: (626) 939-8402 B. The principal representative of the Consultant shall be: Greater West Covina Business Association Attn: Monica Farias-Cabrera 1444 West Garvey Avenue West Covina, CA 91790 Telephone: (626) 290-6151 C. Formal notices, demands and communications to be given hereunder by either Party shall be made in writing and may be affected by personal delivery or by mail D. If the name of the principal representative designated to receive the notices, demands or communications, or the address of such person, is changed, written notice shall be given within five (5) working days of said changes. E. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant's and City's regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the Parties may, from time to time, designate in writing). 2. PURPOSE. City hereby retains the services of Consultant, and Consultant agrees to perform services as follows: A. To promote, coordinate, and manage six (6) City-sponsored Summer Concerts at the Civic Center, beginning on July 10, 2014, through August 16, 2014. B. The Consultant agrees to market and raise funds to offset the cost of the 2014 Summer Concert Series, through corporate sponsorships, advertising, vendor booths, or other means approved by the City. C. Consultant shall ensure that music performed in the Summer Concert Series is performed under the necessary license(s) for live or broadcasted performances of music. TERM. The term of this Agreement shall be for the period of the 2014 concert series, from initial planning to final settlement, which the Parties expect to span from December 18, 2013 through September 30, 2014. 3. INDEPENDENT CONTRACTOR. Consultant is an independent contractor. As such, Consultant shall have no power or authority to incur any debt, obligation, or liability on behalf of City. Neither Consultant, nor its agents, servants, or employees, are servants or employees of City for any purpose whatsoever. Further, Consultant is not entitled to any benefit typically associated with an employee, as such as medical, sick leave, retirement benefit, or vacation benefit, including but not limited to PERS benefits. Consultant is solely responsible for all legal and financial obligations created by Consultant's employees and/or subcontractors, including the taxes, workmen's compensation and any filings or payments required therefor. 4. COMPENSATION. City agrees to pay Consultant, for Consultant's services pursuant to this Agreement, in the amount of $15,500. Said amount shall include Consultant's expenses incurred in management of the 2014 Summer Concert Series, including the amount paid to entertainers. Any additional expenses will be at the sole expense of the Consultant. The Consultant will be paid for expenses and services in two equal payments of $7,750.00 with the first payment due on or before June 1, 2013, and the final payment due on or before July 25, 2014. In no event shall Consultant receive compensation over $15,500, except for Consultant's share of revenue as described in Section 5 of this Agreement. 5. REVENUES. At the end of the series, but not before a final accounting demonstrating that all accounts payable by the Consultant or City relating to the 2014 summer concert series have been satisfied, any and all revenues raised by the Consultant, as a result of fundraising pursuant to Section 2.b. of this Agreement, shall be divided equally between the City and Consultant, with each Party receiving fifty percent (50%) of total revenues raised. On or before Tuesday, September 9, 2014, Consultant shall remit to City the City's full share of revenues raised (50% of total revenues raised), whether or not said revenue has been collected in full from advertisers, vendors, sponsors, etc. Any disputes or inability to collect payment between, and Consultant will be the financial responsibility of the Consultant. City reserves the right to audit Consultant's fundraising records to verify information in the report. Any discrepancy will be Consultant's financial responsibility. Consultant shall not withhold applicable taxes or other unauthorized deductions from payments made to City. 6. INDEMNITY AND INSURANCE A. INDEMNITY. Consultant hereby agrees to protect, indemnify and hold City and its employees, officers, agents and volunteers free and harmless from any and all losses, claims, liens, demands and causes of action of every kind and character including, but not limited to, the amounts of judgment, interests, court costs, legal fees, experts' fees and other expenses incurred by the City arising in favor of any Party, including claims, liens, debts, personal injuries, including employees of the City, death or damages to property, including property of the City, and without limitation by enumeration, all other claims or demands of every character occurring or arising directly out of the negligent acts, errors or omissions by Consultant in the performance of its services under this Agreement, except only such injury to persons or dainage to property due or claimed to be due to the sole negligence of the City. This provision is not intended to create any cause of action in favor of any third party against Consultant or the City, or to enlarge in any way Consultant's liability but is intended solely to provide for indemnification of the City for liability for damages or injuries to third persons or property arising from Consultant's performance hereunder. Consultant's obligations set forth by this Subsection 6.A. shall survive the term of this Agreement. B. INSURANCE. Consultant shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for, and maintain in full force and effect for the duration of this Agreement a policy of comprehensive liability insurance, including both general liability and automobile liability, in which the City is the named insured or is named as an additional insured with the Consultant and shall furnish as Certificate of Liability Insurance to the City before execution of this Agreement by the City. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the protection offered by the policy shall: i. Include the City as the insured or named an additional insured covering the services to be performed under this Agreement, whether liability is attributable to the Consultant or the City. ii. Insure the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with, the Agreement. iii. Provide the following minimum limits: A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. Consultant may file insurance acceptable to the City covering more than one project. iv. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before expiration or cancellation is effective. v. For any claims related to the Agreement, the Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 7. TERMINATION. If for any y reason and at City's sole discretion, Consultant shall fail to fulfill in a timely and proper manner its obligation under this Agreement, or if Consultant shall violate any of the covenants or stipulations of this Agreement, City shall then have the right to terminate this Agreement by giving a five (5) calendar day written notice to Consultant. The notice shall refer to this clause, shall specify the nature of the alleged default, and shall specify the effective date of the termination. If the Summer Concert Series is canceled, Consultant will be entitled to compensation at a rate of $2,583.33 per concert completed. If the Summer Concert Series is canceled by the City, Consultant may be entitled to additional compensation if, prior to cancellation of this Agreement, Consultant has entered into contracts with third parties for services. Any said additional compensation shall be determined at the City's sole discretion. If the Summer Concert Series is canceled by the Consultant, the City is not obligated to provide any additional compensation greater than the $2,583.33 for each completed concert, minus any revenues raised by Consultant and owed to City pursuant to Section 5 of this Agreement. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Agreement. 8. ASSIGNMENT AND SUBCONTRACTING. Neither Party shall assign or subcontract the rights or responsibilities under this Agreement without the express, written consent of the other Party, which may be withheld for any reason or for no reason. 9. RESOLUTION OF DISPUTES. Disputes regarding the interpretation or application of any provisions of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action, at law or in equity, is brought to enforce or to interpret any provisions of this Agreement, the prevailing Party in such action shall be entitled to recover reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded. 10. FORCE MAJEURE. The respective duties and obligations of the Parties hereunder shall be suspended while and so long as performance hereto is prevented or impeded by strikes, disturbances, riots, fire, severe weather, government action, war acts, acts of God, or any other cause similar or dissimilar to the foregoing which are beyond the control of the Party from. whom the affected performance was due. 11. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 12. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions nevertheless will continue in full force and effect without being impaired or invalidated in any way. 13. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. In the event of litigation in a U.S. District Court, exclusive venue shall lie in the Central District of California. 14. WAIVER. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent to or approval of any subsequent act of Consultant or any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 15. HEADINGS. The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. 16. ENTIRE AGREEMENT. This Agreement supersedes any and all other Agreements, either oral or in writing, between the Parties with respect to the subject matter herein. Each Party to this Agreement acknowledges that no representation by any Party, which is not embodied herein, nor any other Agreement, statement or promise not contained in this Agreement shall be valid and binding. Any modification of the Agreement shall be effective only if it is in writing and signed by all Parties. Each Party has cooperated in drafting and preparation of this Agreement. Therefore, this Agreement shall not be construed against any Party on the basis that such Party drafted this Agreement or any provision within it. APPROVED AS TO FORM: Arnold Alvarez-Glasman City Attorney Moniaa Farias-Cabrera CEO of the Greater West Covina Business Association By: TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. ATTEST: CITY OF WEST COVINA By: Nickolas S. Lewis Christopher J. Chung City Clerk City Manager Date: Date: *E; npowang :3.41,1=s' W C The Greater Webt Covitia Itiit A,sociation Attachment No. 2 November 4, 2013 City Council Members: On behalf of the Greater West Covina Business Association (GWC), I would like to thank you for the opportunity to partner with the City to host the Summer Concert Series in 2013. The concerts were a great success and your support was greatly appreciated. It was wonderful to have you present, and engaging the community. The GWC is seeking approval to once again partner with the City for the 2014 Summer Concert Series. The Summer Concert Series will run for six weeks, beginning on Thursday, July 10, 2014, and conclude on August 16, 2014. The estimated cost of the Summer Concert Series is as follows: Entertainment (Six Concerts) Audio System • GWC Administrative Fee to Run Concert Series • Marketing of Events $6,500 (We have a lineup of diverse bands) $4,800 $1,900 $2,300 Total $15,500 Last year, the GWC generated revenues from business sponsors, and selling vendor booth space to the event. Approximately $5,200 in revenue was generated, which was shared equally between the City and GWC. The GWC and the City are optimistic that revenues will increase in 2014 with greater time for the GWC to seek sponsors and vendors. Thank you for your consideration once again, Sincerely, Monica Farias President CEO The Greater West Covina Business Association The Greater West Covina Business Association 1444 W. Garvey Ave. First Floor, West Covina CA 917900626) 939-33500 www.greaterivestcovina.com TO: AGENDA ITEM NO. 9 DATE: December 17, 2013 Mayor and City Council FROM: Christopher J. Chung City Manager City of West Covina Memorandum BY: Chris Freeland Deputy City Manager/Community Services Director SUBJECT: AUTHORIZATION TO APPLY FOR HOUSING-RELATED PARKS PROGRAM FUNDS RECOMMENDATION: It is recommended that the City Council adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA AUTHORIZING APPLICATION FOR HOUSING RELATED PARKS GRANT DISCUSSION: The State of California, Department of Housing and Community Development (HCD) has issued a Notice of Funding Availability (NOFA) dated October 2, 2013 under its Housing-Related Parks (HRP) Program. The HRP Program is designed to encourage cities and counties to develop new residential housing by rewarding those jurisdictions that approve housing affordable to lower- income households and are in compliance with State housing element law. The HRP Program was funded through Proposition 1C, the Housing and Emergency Shelter Trust Fund Act of 2006. The Program awards funds on a per-bedroom basis for each residential unit constructed for very low- and low-income households permitted during the designated Program year. The housing projects must have been constructed between January 1, 2010, and June 30, 2013. Based on the criteria provide by HCD, the only low or very low-income housing development completed by the City of West Covina during this time period is the 65-unit West Covina Senior Villas II (Azusa and Workman). The grant provides a base amount of between $500-$750 per unit constructed, with a bonus of up to an additional $1,975 per unit. Based on the NOFA, City staff estimates that the City of West Covina is eligible to receive between $80,000-$100,000 in one-time park grant funds from the HRP Program, subject to funding availability. Award of funding to be released in early 2014. Funds received from the HRP Program can only be used to construct, rehabilitate, or acquire a capital park asset anywhere in the community. Funds cannot be utilized for maintenance of park facilities or any capital items with a useful life of less than 15 years. Funds cannot be utilized for administrative or design costs for a project. In October 2013, the City Council identified the Orangewood Park Soccer Complex as a priority to receive new Park Dedication Fees (PDF) from new housing projects being constructed in the City. While these funds cannot be used to complete the design and construction drawings for the soccer complex, the funds could be used for construction of the soccer fields or new playground. The grant application requires the City to identify a park project for these grant funds. As such, City staff is recommending that the HRP grant funds if received be utilized to rehabilitate Orangewood Park and for the construction of the new soccer complex. The grant application requires the adoption of the attached Resolution, provided by HCD, to apply for the grant funds and to designate an authorized representative to execute all documents related to the grant (Attachment No. 1). FISCAL IMPACT: None Attachment No. 1: Resolution Reviewed /Approved by: Chris Freeland Deputy City Manager/Community Services Director Management Analyst II RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA AUTHORIZING APPLICATION FOR HOUSING RELATED PARKS GRANT WHEREAS, the State of California, Department of Housing and Community Development (Department) has issued a Notice of Funding Availability dated October 2, 2013 (NOFA), under its Housing-Related Parks (HRP) Program. WHEREAS, The City of West Covina (Applicant) desires to apply for a FIRP Program grant and submit the 2013 Designated Program Year Application Package released by the Department for the HRP Program. WHEREAS, The Department is authorized to approve . funding allocations for the HRP Program, subject to the terms and conditions of the NOFA, Program Guidelines, Application Package, and Standard Agreement. THEREFORE, IT IS RESOLVED THAT: 1. Applicant is hereby authorized and directed to apply for and submit to the Department the HRP Program Application Package released October 2013 for the 2013 Designated Program Year. If the application is approved, the Applicant is hereby authorized and directed to enter into, execute, and deliver a State of California Standard Agreement (Standard Agreement), and any and all other documents required or deemed necessary or appropriate to secure the HRP Program Grant from the Department, and all amendments thereto (collectively, the "HRP Grant Documents"). • 2. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement. Funds are to be used for allowable capital asset project expenditures to be identified in Exhibit A of the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement. Applicant hereby agrees to use the funds for eligible capital asset(s) in the manner presented in the application as approved by the Department and in accordance with the NOFA and Program Guidelines and Application Package. 3. That the Community Services Director is authorized to execute in the name of Applicant the FIRP Program Application Package and the HRP Grant Documents as required by the Department for participation in the HRP Program. APPROVED AND ADOPTED on this 17 th day of December 2013 Mayor Steve Herfert ATTEST: City Clerk Nickolas S. Lewis I, Nickolas S. Lewis, 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 held thereof on the 17th day of December 2013 by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: City Clerk Nickolas S. Lewis APPROVED AS TO FORM: City Attorney Arnold Alvarez-Glasman City of West Covina Memorandum AGENDA TO: Mayor and City Council ITEM NO. 10 DATE December 17, 2013 FROM: Christopher J. Chung City Manager BY: Rick Genovese Interim Fire Chief SUBJECT: AWARD OF PURCHASE, VIDEO CONFERENCING EQUIPMENT FOR THE LOS ANGELES AREA FIRE CHIEFS ASSOCIATION REGIONAL SMART CLASSROOM PROJECT RECOMMENDATION: It is recommended that the City Council take following action. 1. Appropriate $36,410.75 from Account No. 110.32.3210.7160 to purchase video cortferencing equipment in accordance with the pricing and terms secured by the Los Angeles Area Fire Chiefs Association (as shown on the CDW-G, Inc. sales quotation — Attachment No. 1). The City will be reimbursed for the full cost of $36,410.75 for SMART Classroom and be recorded as grant revenue in the General Fund. DISCUSSION: For State Homeland Security Grant Program (SHSGP) 2011, the Los Angeles Area Fire Chiefs Association (LAAFCA) is coordinating a regional SMART Classroom project on behalf of 31 LAAFCA-member fire department agencies. A SMART Classroom is an interactive training platform that utilizes the training resources of multiple agencies within a streamlined network. In turn, this network allows each participating agency to ensure that the training provided follows a standardized curriculum via LAAFCA. The Smart Classroom components, for the purposes of interactive training conferences, will be located at Fire Station No. 4 where fire department classroom training occurs on a daily basis. SMART Classroom Costs Clotottli,enk, _ ( 'i•,,t SMART Classroom Platform (Cisco TelePresence MX300) $14,352.00 Project Management Costs (Attachment No. 2) 11,068.00 Comprehensive 3-Year Hardware/Software Warranty & Support 7,305.75 Mobile Platform Cart (to move and store platform) 1,975.48 Sales Tax on eitu smelt) plus Freight 1,709.52 !"`Pr-1,. r, r::;.;4111.ri;' : is -u:-.,:. , y _:17,•-s.,4.. 1 ot :11 Co,:t 3&,.41Q 75, The West Covina Fire Department will piggyback purchase through CDW-G. CDW-G was previously awarded a contract via competitive bid by the Beverly Hills Fire Department (a LAAFCA member) for the system design/installation at multiple LAAFCA SMART Classroom facilities. LAAFCA leveraged the Beverly Hills contract to procure the best possible price amongst vendors qualified to meet all specifications of the SMART classroom project. Because of CDW-G' s unique familiarity with the LAAFCA SMART Classroom network, CDW- G would provide an advantage by ensuring smooth network connectivity, compatibility, and consistency with SMART Classroom at other LAAFCA-member fire departments. This would help to limit any delays associated with configuring the LAAFCA SMART Classroom network. ZACity Council Staff Reports120131SMART CLASSROOM GRANT.cloc Reviewed/ loved by: Rick Genovese Interim Fire Chief Mayor and City Council Page 2 — December 17. 2013 FISCAL IMPACT: Costs associated with purchasing the equipment will be reimbursed by the County of Los Angeles, per the conditions of the SHSGP 2011 Grant. The quotation for the total cost of the project is $36,410.75, and is to be reimbursed by SHSGP 2011 Grant funds. Reviewed/Approved by: .i.L1 Finance Attachment No. 1: SMART Classroom Sales Quotation for City of West Covina Attachment No. 2: CDW-G SMART Classroom Statement of Work ZACity Council Staff Reports120131SMART CLASSROOM GRANT.doc 23,633.23 240.05 1,469.47 SUBTOTAL FREIGHT TAX ATTACHMENT Nth 1 CDWG-com DU. 594429 BILL TO: MICHAEL LIONGSON 9355 CIVIC CENTER DR SHIP TO: WEST COVINA FIRE DEPARTMENT Attention To: ATTN CHIEF WHITHORN 1815 S AZUSA AVE Accounts PayabIe BEVERLY HILLS , CA 90210-3427 WEST COVINA , CA 91792-1506 Contact: MICHAEL LIONGSON 310.281.2709 Customer P.O. 4 WEST COVINA SHSGP 2011 QUOTE -0T11-"WriPERrf't.-1; 1-11.P.PKG11/1ETH CISCO DIRECT CTS-MX300-55-K9 Mfg#: CTS-MX300-55-K9 Contract MARKET CISCO SMARTNET ESS SUPP 8X5XNBD Mfg#: CON-ECON-IVIX30055K Contract: MARKET CISCO DIRECT CTS-MX300-CART= Mfg#: CTS-MX300-CART= Contract: MARKET 3 1 1 2604026; 26520 50 2823042: 14,352_00 14,352_00 7,305.75 1,975.48 2,435.25 1,975_48 CDVV Government 230 North Milwaukee Ave. Vernon Hills, IL 60061 Fax: 847.968.1552 Please remit payment to: CIDW Government 75 Remittance Drive Suite 1515 Chicago, IL 60675-1515 This quote is subject to CDW's Terms and Conditions of Sales and Service Projects at http://www.cdw.comicontentiterms-conditions/product-sales.asp For more information, contact a CDW account manager. ATTACHMENT NO. 2 STATEMENT OF WORK Project Name: Smart Classroom — LAA_FCA — SHSGP 2011 Seller Representative: Rich Adams 866.224.6449 rich_arlainc@cd-wg.cona Customer Name:• . City of West Covina (CA) cW Affiliate: CDW Government LLC SOW Effective Date: April 23, 2013 Solution Architect: James Adams Version: 1.0 This statement of work ("Statement of Work" or "SOW") is made and entered into this April 23, 2013 (the "SOW Effective Date") by and between the undersigned, CDW Government LLC ("Provider", "Seller" and "we") and City of West Covina (CA) ("Customer" and "you"). PROJECT DESCRIPTION PROJECT SCOPE The purpose of this SOW is to provide implementation of Video Conference systems to enable the location to participate in the LAAFCA Smart Classroom network. Subject to the other provisions of this SOW, Seller will perform the following services: I. Determine business needs regarding Video Conference and document a plan and design 2. Participate in planning and design meetings with the City IT and Fire Dept participants. 3. Implement and Configure the appropriate Cisco video unit and accessories using the Smart Classroom infrastructure 4. Integrate the Cisco Video codec to any additional audio/visual components deemed necessary in the planning and design 5. Perform on-premise end-user training on how to use installed equipment 6. Perform on-premise end-user training on how to use LAACFA smart classroom infrastructure for training purposes 7. Perform Final testing and sign off of installed equipment S. Provide site adrnin and end-user documentation KNOWLEDGE TRANSFER AND TRAINING Seller will provide up to three (3) hours of training / knowledge transfer on the use of the installed equipment and LAAFCA smart classroom infrastructure. The end—user training includes basic utilization and demonstration on the following features: • Dialing Procedures for point to point, or multi-party conferences • Using the Directory • Camera Movements, Self View • How to use a second camera* • Storing and Accessing Camera Presets 1-10 • Microphone & Volume Control • Far End Camera Control or MCU layout control • Selecting Video Sources • How to hook up a PC o Sharing your PC screen when not in a conference (just using the external display) o Sharing a PC screen in a conference Proprietary and Confidential rage Version 1_0, Template 130215-121115 Drafted by Sant Josefowski, REQ10059 • Basic Menu Functions • Functions within a Multi-site (Training) call • How to Record a call, and how to publish the recording (t if authorized) • What to do / Who to call if you have a problem (t customer's process) • Etiquette Tips (what to wear, where to look, etc.) *Not all features available on all endpoints In addition Seller will provide documentation for the Site Admin and End-users. CUSTOMER RESPONSIBITA TIES Customer is responsible for the following: 1. Provirlin . network connectivity to the LAAFCA infrastructure, cutrently hosted at City Of Beverly Mils 2. Providin adequate bandwidth for Ffigh Definition Video conferencing (1 - 1.5mbps) from the implementation site. 3. Ensuring that the network connection and electrical power outlets are provided at the locations specified in the design meetings. 4. Provide configuration of frewall to accommodate passage of video traffic. 5. Ensure the attendance of appropriate personnel, who have authorization to approverimplement any changes needed, for design review and final acceptance meetings. 6. Provide all network addressing requirements, passwords, VLAN information, etc., in order to implement the solution_ PROJECT ASSUMPTIONS 1. West Covina is designated as a 'small' non-teaching site for the purposes of the LAAFCA Smart Classroom project, and as such will have only a self-contained stand-alone video conferencing unit, Cisco MX-300, (not full room AV) implemented. 2. Customer will provide network ports and AC power connections in the location(s) as required. 3. Customer will provide resources to configure Brewall rules between the room and Beverly Hills network equipment 4. All cables will be concealed on a best effort basis, but no in-wall, surface raceway or other structured cabling or cable management is included. OUT OF SCOPE Tasks outside this SOW include, but are not limited to: 1. Structured Cabling 2. Electrical (AC) wiring. Services not specified in this SOW are considered out of scope and will be addressed with a separate SOW or Change Order. Proprietary and Confidential Page 2 Version 1.0, Template 130215-121115 Drafted by Sam Josefow7ki, REQ10059 ITEM(S) PROVIDED TO CUSTOMER The following will be provided to Customer by the completion of this project. Table 1 —Item(s) Provided to Customer Item Description Format Bill of Materials Hardware and software versions required if necessary to meet Video Conference best practice/requirements. PDF Training Materials Printed or electronic training materials for administrators and end users. PDF Test Plan Detailed Video Conference endpoint Test Plan PDF Project Plan Detailed Project Plan as discussed during this engagement PDF Issue Logs Any reports related to issues including TAC cases. PDF PROJECT SCHEDULING Customer and Seller, who will jointly manage this project, will together develop timelines for an anticipated schedule ("Anticipated Schedule") based on Seller's project management methodology. Any dates, deadlines, timelines or schedules contained in the Anticipated Schedule, in this SOW or otherwise, are estimates only, and the Parties will not rely on them for purposes other than initial planning. TOTAL FEES The total fees due and payable under this SOW ("Total Fees") include both fees for Seller's performance of work ("Services Fees") and any other related costs and fees specified in the Expenses section ("Expenses"). Unless otherwise specified, taxes will be invoiced but are not included in any numbers or calculations provided herein. Seller will invoice for the Total Fees. SERVICES FEES Services Fees hereunder are FIXED FEES, meaning that the amount invoiced for the Services will be $11,068.00. The invoiced amount of Services Fees will equal the amount of fees applicable to each completed project milestone, as specified in Table 2. Table 2— Services Fees , Project Milestones Percentage Completion of Work 100% $11,068.00 Totals 100% $11,068.00 EXPENSES Neither travel time nor direct expenses will be billed for this project. Upon execution of this SOW, travel will be scheduled to occur no less than two (2) weeks after the date of Customer's request for travel. Should Customer request that travel be expedited, Customer will be billed for any additional travel and expense costs that apply. Proprietary and Confidential Page 3 Version LO, Template 130215-121115 Drafted by Sam Josefowski, REQ10059 CUSTOMER-DESIGNATED LOCATIONS Seller will provide Services benefiting the locations specified on the attached Exhibit ("Customer-Designated Locations"). PROJECT-SPECIFIC TERMS 1. Customer is responsible for providing all physical and communications access, privileges, environmental conditions, properly functioning hardware and software, qualified personnel, project details, rnateTial information, decisions/directions, and personnel and stakeholder interviews that are reasonably necessary to assist and accommodate Seller's performance of the Services ("Customer Components"). 2. Seller is not responsible for delays in performance directly caused by the unavailability of the Customer Components and will have the right to invoice Customer, with prior written notice, for time Seller personnel is thereby idled or to reassign Seller personnel to work unrelated to this SOW and the services hereunder. 3. Customer will provide in advance and in 'writing, and Seller will follow, all applicable Customer safety and security rules and procedures. 4. Customer will secure and maintain the confidentiality of all Seller personnel information. 5. When Services are performed at a Customer-Designated Location, the site will be secure; Seller is not responsible for lost or stolen equipment. 6. This SOW can be terminated by either party without cause upon at least fourteen (14) days' advance written notice. Proprietary and Confidential Page 4 Version Id, Template 130215-121115 Draft. by Sam Josefowski., PEQ10059 SOW TERMS AND CONDITIONS CONTACT PERSON(S) Each Party will appoint a person to act as that Party's point of contact ("Contact Person") as the time for performance nears, and will communicate that person's name and information to the other Party's Contact Person. The Customer Contact Person is authorized to approve materials and Services provided by Seller, and Seller may rely on the decisions and approvals made by the Customer Contact Person (except that Seller understands that Customer may require a different person to sign any Change Orders amending this SOW). The Customer Contact Person will manage all communications with Seller, and when Services are performed at a Customer-Designated Location, the Customer Contact Person will be present or available. The Parties' Contact Persons shall be authorized to approve changes in personnel and associated rates for Services under this SOW. PAYMENT TERMS Except as otherwise agreed by the Parties, Customer will pay invoices containing amounts authorized by this SOW within thirty (30) days of receipt. Any objections to an invoice must be made to the Seller Contact Person within fifteen (15) days after the invoice date. EXPIRATION AND TERMINATION This SOW expires and will be of no force or effect unless it is signed by Customer, transferred in its entirety to Seller so that it is received within thirty (30) days from the date written on its cover page, and then signed by Seller, except as otherwise agreed by Seller. CHANGE ORDERS This SOW may be modified or amended only in a writing drafted by Seller, generally in the form provided by Seller and signed by both Customer and Seller ("Change Order"). Each Change Order will be of no force or effect until signed by Customer, transferred in its entirety to Seller so that it is received within thirty (30) days from the date on its cover page and then signed by Seller, except as otherwise agreed by Seller. In the event of a conflict between the terms and conditions set forth in a fully executed Change Order and those set forth in this SOW or a prior fully executed Change Order, the terms and conditions of the most recent fully executed Change Order shall prevail. MISCELLANEOUS This SOW shall be governed by Seller's "Terms and Conditions of Product Sales and Service Projects", accessed via the "Terms & Conditions" link at www.cdwg.com (the "Agreement"). If there is a conflict between this SOW and the Agreement, then the Agreement will control, except as expressly amended in this SOW by specific reference to the Agreement. References in the Agreement to a SOW or a Work Order apply to this SOW. This SOW and any Change Order may be signed in separate counterparts, each of which shall be deemed an original and all of which together will be deemed to be one original. Electronic signatures on this SOW or on any Change Order (or copies of signatures sent via electronic means) are the equivalent of handwritten signatures. This SOW is the proprietary and confidential information of Seller. Proprietary and Confidential Version 1.0, Template 130215-121115 Drafted by Sam Josefemai, RE Q10059 SIGNATURES In acknowledgement that the parties below have read and understood this Statement of Work and agree to be bound by it, each party has caused this Statement of Work to be signed and transferred by its respective authorized representative. CDW Government LLC By: signature Name: Title: Date: Mailing Address: 230 N. Milwaukee Ave. Vernon Hills, IL 60061 IZ] A purchsqe order for payment hereunder is attached_ El A purchase order is not required for payment hereunder. ZI The following PSM tins given approval: Eric Rivard City of West Covina (CA) By: signature Name: Title: _ Date: Mailing Address: Street: City/ST/ZIP: Billing Contact: Street: City/ST/ZIP: 120813 Standard Proprietary and Confidential Version 1.0, Template 130215-121115 Drafted by Sau dosefowski, REQ10059 Page 6 f;11' EXHIBIT A. CUSTOMER-DESIGNA IED LOCATIONS Seller will provide Services benefiting the following locations ("Customer-Designated Locations"). Table 3 — Customer-Designated Locations Locatiim(s) ' Se iii(s) West Covina Fire Department 1815 S. Azusa Ave., West Covina CA 0 Assessment 0 Configuration 0 Design 0 Implementation 0 Knowledge Transfer 0 Project Management 0 Staff Augmentation 0 Support 0 Training 0 Custom Work Proprietary and Confidential Page 7 Version 1 0, Template 130215421115 Drafted by Sara Josefowski, REQ10059 Ciry of West Covina Memorandum AGENDA TO: Mayor and City Council FROM: Christopher J. Chung City Manager BY: Jeff Anderson Planning Director ITEM NO. 11 DATE: December 17, 2013 SUBJECT: ZONE CHANGE NO. 13-03 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Jay Deckard and Phil Becerra, Warmington Residential LOCATION: 502 and 520 South Lark Ellen Avenue (Formerly St. Martha's Episcopal Church and Dove Day School) RECOMMENDATION: The Planning Commission and Planning staff recommend that the City Council adopt the following resolution: 1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ZONE CHANGE NO. 13-03, TENTATIVE TRACT MAP NO. 72320 AND TREE -REMOVAL PERMIT NO. 13-05 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. The Planning Commission and Planning staff further recommend that the City Council introduce the following ordinance: 2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING ZONE CHANGE NO. 13-03 DISCUSSION: Warmington Residential ("Applicant") is proposing a 45-unit single-family residential development on a 5.7-acre site. The subject property is the former St. Martha's Episcopal Church (the church has been vacant since April, 2013) and Dove Day School located on the east side of Lark Ellen Avenue, north of Larkwood Street. The Applicant is in the process of acquiring the properties and has obtained permission from the owners to proceed with the entitlement process. The buildings on these properties would be demolished to accommodate the proposed development. The subject property is triangular in shape and tapers toward the rear of the property. The site is bounded by the Walnut Creek Wash, single-family homes, and a church (South Hills Church of Christ) to the north, single and multi-family residences to the east, single- family residences to the south along Larkwood Street and to the west across Lark Ellen Avenue. The applicant's request consists of the following entitlements: 1) Zone Change from "Single-Family Residential" (R-1) to "Specific Plan 26" (SP-26); 2) A Tentative Tract Map to subdivide the 5.7-acre site into 56 lots of which 45 are single-family lots and six common lots for streets and open space. The proposed lots range between 2,805 and 9,657 square feet in size. 3) A Tree Removal Permit to remove a California Sycamore and two other trees that the Municipal Code defines as significant trees within the front setback to allow for the grading and construction of the project. ZACase Files\TRACT MAP\2013\72320 520 S Lark Ellen Ave 45 Unit\CC\Council Staff Report.doc Zone Change No. 13-03 502 and 520 South Lark Ellen Avenue December 17, 2013 - Page 2 The Planning Commission is granted the authority to approve the Tentative Tract Map and the Tree Removal Permit, while the City Council has the authority to approve the Zone Change. The final reviewing body (in this case the City Council) approves the environmental documentation. The Planning Commission approved the Tentative Tract Map and Tree Removal Permit on October 22, 2013, and no appeal to the City Council was filed. In addition, the Planning Commission recommended the Zone Change and the environmental documentation (Negative Declaration of Environmental Impact) to the City Council. For a more thorough discussion on the project design, see the Planning Commission Staff Report (Attachment 3). Proposed Site Layout and Architecture The Applicant is proposing 45 two-story detached single-family houses. A vehicular security gate is proposed at the entry to the development on Lark Ellen Avenue. A 7,761-square foot open space located in the center of the site will provide a play structure, barbeque grills, picnic tables with shade structures, benches, and an open turf area directly east of the picnic area for the enjoyment of the residents within the development. Each single-family house will include a two- car garage and driveway with space to park two additional vehicles. In addition, a total of 24 parking spaces are provided as guest parking spaces along the private streets within the development. A total of 204 parking spaces are provided for the 45 dwelling units (45 x 4 + 24 = 204). The 204 parking spaces equate to four-and-a-half (4.5) parking spaces per unit. -For comparison, the Municipal Code requires four (4) parking spaces per unit for single-family houses. For condominiums the required parking is two-and-a-quarter (2.25) parking spaces per unit. All units are proposed with a minimum of three bedrooms. The proposal includes three unit types. Unit sizes range from 2,097 square feet to 2,470 square feet (each including a 400-square foot garage). Plan 1 does not include a den. Plan 2 includes a den and Plan 3 units include an option for a fourth bedroom or a den. To provide for an aesthetically pleasing design, the project incorporates two architectural styles, Spanish and California. Each architectural style also includes three different elevations. The Spanish style architecture features concrete barrel tile roofs, stucco exteriors, Spanish-style clay piping, decorative wrought iron planters on the second story, window shutters, quatrefoil accents and wood trim windows. The California style architecture features flat concrete tile roofs, stucco exteriors, stone fascia, hardy plank siding, window shutters and wood trim windows. In addition, each front elevation provides a small front porch or covered entry area. The color scheme for the units is variations of beige, brown and other earth tone colors. (Each of the architectural elevations is depicted in the plans indicated as Attachment 13.) The proposed development includes enhanced privacy features for all the homes along the southerly property line to address privacy impacts to the rear yards of houses on Larkwood Street. The Applicant has designed the side elevation on each house facing the southerly property line with ornamental translucent fixed windows or wood louvered panel shutters. In addition, a condition of approval was included with the Tentative Tract Map requiring a row of trees along the southerly property line to provide a greater amount of privacy for the rear yard areas of the houses on Larkwood Street. The proposed tract map would subdivide the property into 51 lots, including 45 residential condominium lots. The remaining lots would accommodate vehicle access, internal circulation and open space. The lot sizes will range from 2,805 to 9,657 square feet. The Applicant is proposing four-foot side yard setbacks with the side yard being granted through an easement to one of the adjacent properties. The location of the garden walls will give the impression that there is a zero lot line between properties. A decorative six-foot tall perimeter wall will be constructed along Lark Ellen Avenue with a 15-foot wide landscape area between the wall and the street. A six-foot tall vinyl fence is proposed along the southerly property line. A Homeowner's Association (HOA) will be formed and CC&R's (Covenants, Codes, and Restrictions) created to regulate the HOA. The HOA would be responsible for maintaining all common areas, including driveways, guest parking spaces, and open space. ZACase Files\TRACT MAP\2013\72320 520 S Lark Ellen Ave 45 Unit\CC\Council Staff Report.doc Zone Change No. 13-03 502 and 520 South Lark Ellen Avenue December 17, 2013 - Page 3 General Plan The site and surrounding properties have a General Plan Land Use Designation of "Residential Low Medium." This designation allows up to eight units per acre. As the proposed project has a density of 7.9 units per acre, the proposal is in compliance with the General Plan. Therefore, a General Plan Amendment is not necessary. Based on the characteristics of the surrounding land uses and the intensity of the proposed development, the project is consistent with the goals and policies contained in the General Plan as follows: • Housing Element, Goal 2: "Provide a variety of housing types to accommodate all economic segments of the City." Policy 2.4: "Provide high quality housing for current and future residents at all income levels to achieve a "balanced" community." • Housing Element, Goal 4: "Promote equal housing opportunity for all residents." Policy 4.4: "Encourage housing construction or alteration to meet the needs of residents with special needs such as large families, the elderly and disabled" • Housing Element, Goal 5: "Identij) Adequate Sites to Achieve Housing Variety." Policy 5.1: "Provide a range of residential development types in West Covina, including low density single-family homes, moderate density townhomes, higher density multi-family units, and residential/commercial mixed use in order to address the City's share of regional housing needs." • Land Use Element, Goal 4: "Arrange land uses with regard to the health, safety, convenience and welfare of the residents of the City." Pursuant to State Law, the City is required to have an updated Housing Element for each planning period. The planning period is determined by the State. For the Housing Element update planning period 2008-2014, the City's Housing Element is current and has been certified by California Department of Housing and Community Development (HCD). The Housing Element establishes goals for the construction of housing units during the planning period. The City of West Covina was allocated 2,462 units through the Regional Housing Needs Assessment (RHNA) for the 2008-2014 planning period. The City has recently completed the next Housing Element update (2014-2021). State law requires that jurisdictions provide their fair share of regional housing needs. Through the Regional Housing Needs Assessment (RHNA) each city is allocated its fair share of new housing units. The City of West Covina was allocated 831 units for 2014-2021 planning period. The construction of 45 units will assist the City in meeting the City's fair share of regional housing units as required by State law. Zone Change The proposed development would require a zone change to change the zoning designation for the residential units from "Single-Family Residential (R-1)" Area District IIA to "Specific Plan No. 26" (Cadanera Specific Plan). The current zoning designation on the subject properties as well as properties to the south and west allows 4.6 units per acre. Properties to the north and east (across the wash) are allowed 5.8 units per acre. A specific plan is a planning document allowed by State law as a means of implementing the City's General Plan. A Specific Plan is prepared on sites to tailor the development standards (parking, setbacks, driveway length, garage size, etc.) ZACase Files\TRACT MAP\2013\72320 520 S Lark Ellen Ave 45 Unit\CC\Council Staff Report.doc Zone Change No. 13-03 502 and 520 South Lark Ellen Avenue December 17, 2013 - Page 4 and to establish the physical improvements required for the development (open space area, landscaping, wall and fences, building architecture, etc.). A specific plan identifies policies and actions that support and facilitate desired development within the project area. The proposed Specific Plan is included in Attachment 2. Mitigated Negative Declaration of Environmental Impact A Mitigated Negative Declaration (MND) was prepared in conformance with the California Environmental Quality Act (CEQA). To assist in the preparation of the MIND, a number of technical studies were prepared including a Traffic Study, Historic Resources Evaluation, Tree Survey, and Phase I Environmental Site Assessment. The project related impacts would be less than significant with mitigations incorporated. A list of mitigation measures is included in Attachment 1. Mitigation measures include requirements for lighting, procedures in case of archaeological discoveries, paleontological discoveries, grading, hazardous materials, and hydrology and water quality. A traffic study prepared by KOA Corporation (July, 2013) was submitted for the project to assess potential traffic impacts. The study analyzed seven intersections to determine if there were any traffic impacts to the intersections. The findings of the traffic study indicate that the proposed 45-unit single-family residential project would generate approximately 34 am peak hour trips (within the 7:00 am to 9:00 am time period) and 45 p.m. peak hour trips (within the 4:00 pm to 6:00 pm time period). The project is estimated to generate 428 daily trips, including the 34 am peak hour trips and 45 pm peak hour trips. The traffic study analysis volume indicate that existing am peak hour bi-directional traffic volumes on the adjacent segment of Lark Ellen Avenue would increase from 1,169 to 1,202 vehicles, a 2.9 percent increase, and that existing pm peak hour traffic volumes would increase from 1,173 to 1,218 vehicles, a 3.8 percent increase. The study indicates that the proposed project will not create a significant traffic impact at any of the seven study intersections. As part of the MIND, Architectural Historian consultants (ASM Affiliates) prepared a Historic Resources Evaluation Report for St. Martha's Episcopal Church. The church building was constructed in 1959 in the Mid-Century Modern architectural style. The Historic Resources Evaluation Report analyzed each of the buildings on the church property as well as those on the Dove Day Care property. Research was completed, including archival research, field survey, historic context and site-specific history. All buildings were evaluated for their eligibility for designation on the local and state level (as an individual historic resource or contributor to a historic district), in accordance with the National Register of Historic Places and the California Register of Historical Resources, as a City of West Covina Landmark and under CEQA. The report concludes that the buildings are not historic resources and are not eligible for historic resource designation under any of the protocols mentioned above. A total of five letters were received prior to the Planning Commission meeting from concerned individuals in regards to the perceived historic nature of the existing church building, after the 20-day review period had ended. A response to the letters was prepared by ASM Affiliates and is attached as Attachment 9. An Errata document has also been attached as Attachment 11 to correct statements in the Mitigated Negative Declaration regarding the storm drain. The document would correct the misstatement that the proposed storm drain would drain into the Walnut Creek Channel and replace it with the correct statement that it will discharge onto Lark Ellen Avenue. PLANNING COMMISSION REVIEW AND ACTION: The Planning Commission held a public hearing regarding this matter on October 22, 2013. During the public hearing, opponents of the project presented their concerns regarding the density of the project, a suggestion that 20 units on the site would be preferable and blend into the neighborhood better, concern with increased traffic, traffic conditions at Service Avenue and Lark Ellen Avenue, a preference for single-story houses to preserve the existing houses views, and the opinion that the church building was a historical resource. The Planning Commission discussed the project layout, circulation, guest parking, the protection of the privacy of the single-family properties to the South, and the construction phasing. At the conclusion of the hearing, the Commission voted 4-0 (Holtz ZACase Files\TRACT MAP\2013\72320 520 S Lark Ellen Ave 45 Unit\CC\Council Staff Report.doc Zone Change No. 13-03 502 and 520 South Lark Ellen Avenue December 17, 2013 - Page 5 absent) to approve the tentative tract map and tree removal permit as well as to recommend approval of the zone change, and Mitigated Negative Declaration to the City Council. The primary reasons cited by the Planning Commission for approving the project included improvement to the area and that the project was well designed. PROJECT BENEFITS: The approval and construction of the 45-unit single-family residential development would provide the following benefits: • The proposed housing project meets the goals and policies in General Plan and Housing Element as stated on page 3 of this report. • The City has completed an update to the Housing Element for the current planning period (2014-2021). In order for the City to be in compliance with the Regional Housing Needs Assessment (RHNA) the city is required to accommodate 831 residential units. This 45 unit residential project will assist the City in achieving its fair share of regional housing units. • The project will provide open space (14,577 square feet) and amenities for the residents who live in the development. • The proposed houses feature architectural details such as stone fascia on the front elevations, hardy plank siding, window shutters, Spanish-style clay piping, decorative wrought iron planters on the second story, shutters, and quatrefoil accents. • The project is in full compliance with CEQA (California Environmental Quality Act). • The church property is currently vacant and in a blighted condition with undeveloped property and abandoned buildings with outdated structures. • The proposed development eliminates existing blight and can be a catalyst in the area encouraging adjacent property owners to improve their properties and buildings. • Additional residential population creates new revenues as new residents will shop and dine in the City. • The density of the project is similar to other approved Specific Plans in the City such as Pacific Park on Aroma Drive, Sunset Walk on Sunset Avenue, and Waverly on Valinda (currently under construction). • The design with smaller lot sizes reduces the land cost per unit and provides for more affordable units than a dwelling unit on a typical single-family property. More families can be accommodated on the same amount of land. OTHER CONSIDERATIONS: • The new residential units will potentially increase service calls for Police and Fire. • The traffic from the project may change the traffic pattern in the area as traffic generation for houses is different than traffic generation for the previous church and child day care. • Parks and service programs could be impacted base on additional resident visits to parks and participation in Community Service programs. • General Plan Land Use Designation allows up to 8 units per acre, current zoning allows 4.6 units per acre and proposed project is 7.9 units per acre. ZACase Files\TRACT MAP\2013\72320 520 S Lark Ellen Ave 45 UniACC\Council Staff Reportdoc Prepared by: Ron Garcia Associate Planner RchieWed/Approved by: Jeff Anderson, MCP Planning Director Zone Change No. 13-03 502 and 520 South Lark Ellen Avenue December 17, 2013 - Page 6 CONCLUSION The subject property has been utilized for religious purposes and as a day care for several decades. The subject property is primarily surrounded by single-family residences and a church. The site is adjacent on the easterly property line with a multi-family development. The use that is most compatible with the surrounding uses is therefore a single-family use. The proposed project is in compliance with the General Plan Land Use Designation and density. Therefore, a General Plan Amendment is not required. The density of the development is consistent with the surrounding single-family properties. The proposed development, as designed, would not comply with the development standards as set forth in the Municipal Code. Therefore, the applicant is proposing a zone change to from single family to Specific Plan, allowing the lots to be developed with smaller lot sizes. The applicant has designed the residential units to reduce privacy impacts to the neighboring properties by providing landscape buffers and opaque windows on the second story windows in specific locations. The applicant is providing common open space areas for the benefit of the project residents. Lastly the applicant is providing 4.5 parking spaces per unit. While the proposal for the subject property will be different than the previous use of the property, the proposed single-family development is consistent and compatible with the surrounding uses. FISCAL IMPACT: It is estimated that the development of 45 residential units will generate $33,075 annually in property taxes for the City's general fund. The developer will pay a park in-lieu fee estimated at $492,750 and will be required to pay an in-lieu fee or install artwork at an estimated value of $52,000. The project will also create new sales tax revenues from the creation of construction jobs and residents. Attachments: Attachment 13 — Draft Mitigated Negative Declaration of Environmental Impact Resolution Draft Zone Change Ordinance for Approval Planning Commission Staff Report dated October 22, 2013 Planning Commission Minutes dated October 22, 2013 Planning Commission Resolution No. 13-5535, Mitigated Negative Declaration of Environmental Impact Planning Commission Resolution No. 13-5536, Zone Change No. 13-03 Planning Commission Resolution No. 13-5537, Tentative Tract Map No. 72320 Specific Plan Comparison Chart Letters of Concern/ASM Response Letter dated October 22, 2013 Petition signatures provided to the Planning Commission on October 22, 2013 Errata to the Mitigated Negative Declaration of Environmental Impact Compact Disc of the Initial Study/Mitigated Negative Declaration (Available for review by the public at the Library, Police Department and Planning Department) Development Plans (Available for review by the public at the Library, Police Department and Planning Department) Attachment 1 — Attachment 2 — Attachment 3 — Attachment 4 — Attachment 5 — Attachment 6 — Attachment 7 — Attachment 8 — Attachment 9 — Attachment 10 — Attachment 11 — Attachment 12 — ZACase Files\TRACT MAP\2013\72320 520 S Lark Ellen Ave 45 Unit\CC\Council Staff Report.doc ATTACHMENT 1 RESOLUTION NO. • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR CITY COUNCIL APPROVAL ZONE CHANGE NO. 13-03 TENTATIVE TRACT MAP NO. 72320 AND TREE REMOVAL PERMIT NO. 13-05 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Jay Deckard and Phil Becerra, Warmington Residential LOCATION: 502 and 520 S. Lark Ellen WHEREAS, there was filed with this City verified applications on forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code requesting the approval of a zone change, a tentative tract map, and tree removal permit to allow the development of a 45-unit residential develOpment on certain properties generally described as: Assessor Parcel No. 8486-002-008 and 8486-002-009 as shown on the latest rolls of the Los Angeles County Tax Assessor; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act (CEQA); and WHEREAS, an initial study was prepared for said project; and WHEREAS, based upon the findings of the initial study, it was determined that the proposed project will not have a significant impact on the environment and will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the California Fish and Game Code; and WHEREAS, a Mitigated Negative Declaration of Environmental Impact was prepared for the proposed project pursuant to the requirements of the California Environmental Quality Act of 1970, as amended, and mitigation measures are included in said Negative Declaration in support of the finding that there will not be a significant effect on the environment as a result of this project. WHEREAS, the Planning Commission, upon giving the required notice, did on the 22nd day of October, 2013 conduct a duly advertised public hearing to consider the subject application, at which time the Planning commission adopted Resolution No. 13-5535 recommending approval to the City Council; and NOW, THEREFORE, the City Council of the City of West Covina does hereby resolve as follows: 1. After receiving and considering all determinations, studies, documents, and recommendations, as well as other appropriate public comments, the Planning Commission of the City of West Covina hereby certifies the Mitigated Negative Declaration of Environmental Impact, subject to compliance with the mitigation measures that are recommended in the Mitigated Negative Declaration of Environmental Impact as set forth in Exhibit A. 2. Non-compliance with the aforementioned mitigation measures as by the monitoring department/agency and any measures taken to con-ect said non-compliance shall be ZACase Files\TRACT MAP\2013\72320 520 S Lark Ellen Ave 45 Unit\CC\Neg Dec Reso.doc immediately reported to the Planning Department on the City of West Covina Monitoring Checklist Form. 3. The applicant agrees to implement the aforementioned mitigation measures and monitoring or reporting requirements. 4. Failure to comply with any aforementioned mitigation measures and/or monitoring or reporting requirements will result in a written notice of violation from the City to the applicant at which time the City may order that all or a portion of pre- construction, construction, post-construction activity or project implementation must cease until compliance is reached. 5. The California Environmental Quality Act (CEQA) and State and local guidelines, rules, regulations, and procedures adopted pursuant thereto permits the City of West Covina to impose any fees or charges associated with implementing the above monitoring program upon the applicant. APPROVED AND ADOPTED on this 17' day of December, 2013. Mayor Steve Herfert ATTEST: City Clerk Laurie Carrico STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF WEST COVINA I, Nickolas S. Lewis, City Clerk of the City of West Covina, 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 17 th of December, 2013. AYES: NOES: ABSENT: ABSTAIN: City Clerk APPROVED AS TO FORM: City Attorney Arnold Alvarez-Glasman ZACase Files\TRACT MAP\2013\72320 520 S Lark Ellen Ave 45 Unit\CONeg Dec Reso.doc EXHIBIT A Mitigation Monitoring and Reporting Program Mitigation Measure Action Required. Monitoring Responsibility Timing Status of Implementation Aesthetics AES-1 Outdoor lighting shall be designed and installed with downcast shielding to reduce light impacts on adjacent properties, Lighting controls required by mitigation measure AES-1 shall be included in the contract specifications for each building constructed within the project site. Building and Safety Prior to issuance of building permit AES-2 Prior to issuance of a certificate of occupancy the applicant shall submit a lighting plan, including a photometric plan, to the Planning Department and Engineering Division for review and approval to ensure that new lighting will not "spill over" onto adjacent properties. Lighting controls required by mitigation measure AES- 2 shall be included in the contract specifications for each building constructed within the project site. Building and Safety Prior to issuance of building permit Cultural Resources CR-1 In the event that archaeological resources are uncovered on the project site during grading or other construction activities, the developer must notify the West Covina Planning Department immediately and work must stop within a 100-foot radius until a qualified archeologist to be approved by the City, has evaluated the find. Construction activity may continue unimpeded on other portions of the project site. If the find is determined by the qualified archeologist to be a unique archeological resource, as defined by Section 2103.2 of the Public Resources Code, the site shall be treated in accordance with the provisions of Section 21083.2 of the Public Resources Code. If the find is determined not to be a unique archeological resource, no further action is necessary and construction may continue. The applicant shall bear the cost of implementing this mitigation. These requirements shall be included in construction documents. Planning Department Prior to issuance of grading permits CR-2 If paleontological resources are uncovered during excavation of the project site, the City of West Covina Planning Department shall be notified immediately and work must stop within 100 feet of the find to allow a qualified paleontologist to appropriately remove the find. The applicant shall bear the cost of implementing this mitigation. These requirements shall be included in construction documents. Planning Department Prior to issuance of grading permits Impact Sciences, Inc. Lark Ellen Mitigation Monitoring and Reporting Program 1183.001 October 2013 Mitigation Measure Action Required Monitoring Responsibility • Timing Status of Implementation Cultural Resources (continued) CR-3 If during excavation of the project site human remains are discovered, the steps described in State CEQA Guidelines Section 15064.5(e) shall be followed. The applicant shall bear the cost of implementing this mitigation. These requirements shall be included in construction documents. Planning Department Prior to issuance of grading permits (1) There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: (A) The coroner of the County in which the remains are discovered must be contacted to determine that no investigation of the cause of death is required, and (B) If the coroner determines the remains to be Native American: 1. The coroner shall contact the Native American Heritage Commission within 24 hours. 2. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American. 3. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98, or (2) Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. The applicant shall bear the cost of implementing this mitigation. (A) The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission. (B) The descendant identified fails to make a recommendation; or (C) The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Impact Sciences, Inc. 2 Lark Ellen Mitigation Monitoring and Reporting Program 1183.001 October 2013 - Mitigation Measure Action Required Monitoring Responsibility Tinting • Status of Implementation Geology and Soils GEO-1 The project shall be designed and constructed in accordance with the requirements of Chapter 16 (Structural Design) of the 2010 California Code of Regulations, Title 24, Part 2, Volume 2 (based on the International Building Code, Chapter 16, Section 1613 — Earthquake Loads), the West Covina Municipal Code, and accepted engineering practices. Review the project engineering plans to ensure requirements are incorporated into the engineering plans. Department of Public Works Prior to issuance of grading and engineering plans. GE0-2 Prior to start of soil-disturbing activities at the site, the project applicant shall obtain a General Permit for Discharges of Storm Water Associated with Construction Activity to comply with the National Pollution Discharge Elimination System (NPDES), to control erosion and pollution during construction of the project. The project applicant shall prepare and submit a Storm Water Pollution Prevention Plan (SWPPP) to be administered throughout project construction. The SWPPP must list Best Management Practice (BMP) features that the discharger (project applicant) will use to protect storm water runoff. Prior to issuance of any grading or building permits, the City of West Covina Department of Public Works shall approve the SWPPP. Review the project engineering plans to ensure that requirements are incorporated into the engineering plans. Department of Public Works Prior to issuance of grading and engineering plans. GEO-3 The project applicant shall prepare and implement a Standard Urban Storm Water Mitigation Plan (SUSMP) in accordance with the requirements of the West Covina Municipal Code to ensure that storm water runoff is managed for water quality concerns through implementation of appropriate and applicable best management practices (BMPs). Prior to issuance of any grading or building permits, the City of West Covina Department of Public Works shall approve the SUSMP. Review the project engineering plans to ensure that requirements are incorporated into the engineering plans. Department of Public Works . Prior to issuance of grading and engineering plans. GE0-4 All unpaved demolition and construction areas shall be wetted during excavation, grading and construction, and temporary dust covers shall be used to reduce dust emissions and meet South coast Air Quality Management District Rule 403. Wetting could reduce fugitive dust by as much as 50 percent. These requirements shall be included in construction plans. Department of Public Works Prior to issuance of grading permit. GE0-5 The project applicant or general contractor shall keep the construction area sufficiently damped to control dust caused by construction, hauling and at all times provide reasonable control of dust caused by wind. These requirements shall be included in construction plans. Department of Public Works Prior to issuance of grading permit. GEO-6 All materials transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust and spillage, These requirements shall be included in construction plans. Department of Public Works Prior to issuance of grading permit. GEO-7 All clearing, earthmoving, or excavation activities shall be discontinued during period of high winds (i.e., greater than 15 mph), so as to prevent excessive amounts of fugitive dust. These requirements shall be included in construction plans. Department of Public Works Prior to issuance of grading permit. . Impact Sciences, Inc. 3 Lark Ellen Mitigation Monitoring and Reporting Program 1183.001 October 2013 Mitigation: Measure Action Required Monitoring Responsibility Timing Status of : Implementation Geology and Soils (continued) GEO-8 Prior to issuance of grading permits, the project applicant shall submit to the City Engineering Division detailed plans demonstrating that all earthwork and grading, structural foundations, on-grade slabs, retaining walls, paving, temporary excavations and backfill, and surface drainage shall be designed and constructed consistent with the recommendations provided in the project geotechnical study. These requirements shall be included in construction plans. Department of Public Works Prior to issuance of grading permit. Hazards and Hazardous Materials HAZ-1 Asbestos and lead-based paint surveys shall be conducted on the buildings to be demolished prior to the start of construction. In the event that asbestos and lead-based paint are detected, they shall be abated in accordance with all applicable rules and regulations. Abatement activities shall be completed to the satisfaction of the appropriate regulatory agency(ies) prior to issuance of demolition permits for the proposed project. Abatement of asbestos shall be conducted in accordance with SCAQMD Rule 1403, Asbestos Emissions from Demolition/Renovation Activities. Review of test results Planning Department Prior to issuance of the demolition permit. HAZ-2 After project site grading and before construction of residential structures, soil samples shall be taken at the sites indicated as subject to Dieldrin contamination in the Phase II environmental site assessment. If the soil samples indicate the presence of Dieldrin in concentrations above the screening threshold of 0.035 parts per million, contaminated soils shall be removed and disposed of in accordance with applicable regulations. Review of test results Planning Department Prior to issuance of building permit Hydrology and Water Quality HID-1 Appropriate erosion control and drainage devices shall be incorporated to the satisfaction of the Building Division, such as interceptor terraces, berms, vee-channels, and inlet and outlet structures. Review of grading and drainage plans. Department of Public Works Prior to issuance of grading permit HYD-2 All waste shall be disposed properly. Use appropriately labeled recycling bins to recycle construction materials including: solvents, water-based paints, vehicle fluids, broken asphalt and concrete, wood, and vegetation. Nonrecyclable materials/wastes shall be taken to an appropriate landfill. Toxic wastes must be discarded at a licensed regulated disposal site. These requirements shall be included in construction documents Planning Department Prior to issuance of grading permit HYD-3 Leaks, drips and spills shall be cleaned up immediately to prevent contaminated soil on paved surfaces that can be washed away into the storm drain. These requirements shall be included in construction documents Planning Department Prior to issuance of grading permit HYD-4 Where truck traffic is frequent, gravel approaches shall be used to reduce soil compaction and limit the tracking of sediment into streets. These requirements shall be included in construction documents Planning Department Prior to issuance of grading permit Impact Sciences, Inc. 4 Lark Ellen Mitigation Monitoring and Reporting Program 1183.001 October 2013 Mitigation Measure Action Required Monitoring Responsibility Timing Status of ' Implementation HYD-5 All vehicle/equipment maintenance, repair, and washing shall be conducted away from storm drains. All major repairs shall be conducted off-site. Drip pans or drop cloths shall be used to catch drips and spills. These requirements shall be included in construction documents Planning Department Prior to issuance of grading permit Hydrology and Water Quality (continued) HYD-6 The project applicant shall implement stormwa ter BMPs to retain or treat the runoff from a storm event producing 0.75 inch of rainfall in a 24-hour period. The design of structural BMPs shall be in accordance with the Development Best Management Practices Handbook, Part B - Planning Activities. A signed certificate from a California licensed civil engineer or licensed architect that the proposed BMPs meet this numerical threshold standard is required. Review of grading plans Department of Public Works Prior to issuance of grading permit HYD-7 Post development peak stormwater runoff discharge rates shall not exceed the estimated pre-development rate for developments where the increase peak stormwater discharge rate will result in increased potential for downstream erosion. Review of grading plans Department of Public Works Prior to issuance of grading permit HYD-8 Any connection to the sanitary sewer shall have authorization from the Bureau of Sanitation. Review of project plans Bureau of Sanitation Prior to issuance of grading permit HYD-9 Materials with the potential to contaminate stormwater must be: (1) placed in an enclosure such as, but not limited to, a cabinet, shed, or similar structure that prevents contact with runoff spillage to the stormwa ter conveyance system; or (2) protected by secondary containment structures such as berms, dikes, or curbs. These requirements shall be included in construction documents Planning Department Prior to issuance of grading permit HYD-10 Storage areas shall be paved and sufficiently impervious to contain leaks and spills, These requirements shall be included in construction documents Planning Department Prior to issuance of grading permit HYD-11 All storm drain inlets and catch basins within, and immediately adjacent to the Project Site, as permitted and approved by the Department of Public Works, must be stenciled with prohibitive language (such as "NO DUMPING — DRAINS TO OCEAN") and/or graphical icons to discourage illegal dumping. Legibility of stencil and signs must be maintained at all times. Review of project plans Department of Public Works As needed/on going HYD-12 An efficient irrigation system shall be designed to minimize runoff, including: drip irrigation for shrubs to limit excessive spray; shutoff devices to prevent irrigation after significant precipitation; and flow reducers. Review of grading plans Department of Public Works Prior to issuance of grading permit Impact Sciences, Inc. 5 Lark Ellen Mitigation Monitoring and Reporting Program 1183.001 October 2013 Mitigation Measure. Action Required Monitoring : . Responsibility Timing Status Of Implementation Noise NOI-1 To the extent feasible, construction activities shall be scheduled so as to avoid operating several pieces of heavy equipment simultaneously, which causes high noise levels, These requirements shall be included in construction documents and verified during grading and construction. Department of Building and Safety Prior to issuance of grading permits and during grading and construction. NOI-2 The construction staging area shall be located as far as feasible from •sensitive receptors. These requirements shall be included in construction documents and verified during grading and construction. Department of Building and Safety Prior to issuance of grading permits and during grading and construction. NOI-3 All construction equipment shall be stored on the project site during the construction phase to eliminate daily heavy-duty truck trips on vicinity roadways. These requirements shall be included in construction documents and verified during grading and construction. Department of Building and Safety Prior to issuance of grading permits and during grading and construction. NOI-4 Project construction shall comply with the requirements of the Building Department and the California Building Code regarding interior noise levels, These requirements shall be included in construction documents and verified during grading and construction. Department of Building and Safety • Prior to issuance of grading permits and during grading and construction. NOI-5 Noise-generating equipment operated at the project site shall be equipped with the most effective noise control devices, i.e., mufflers, lagging, and/or motor enclosures. All equipment shall be properly maintained to assure that no additional noise, due to worn or improperly maintained parts, would be generated. These requirements shall be included in construction documents and verified during grading and construction. Department of Building and Safety Prior to issuance of grading permits and during grading and construction. NOI-6 The project shall be in compliance with the West Covina Municipal Code Noise Ordinance Sections 15-83 through 15-86. These requirements shall be included in construction documents and verified during grading and construction. Department of Building and Safety Prior to issuance of grading permits and during grading and construction. Public Services (Fire) FIRE-1 Prior to issuance of a Certificate of Occupancy, the project applicant shall obtain approval from the West Covina Fire Department that the project complies with all applicable City codes and regulations pertaining to fire protection as required by the West Covina Fire Department. Review of project plans by West Covina Fire Department Fire Department Prior to issuance of a Certificate of Occupancy Impact Sciences, Inc. 6 Lark Ellen Mitigation Monitoring and Reporting Program 1183.001 October 2013 ATTACHMENT 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING ZONE CHANGE NO. 13-03 ZONE CHANGE NO. 13-03 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Jay Deckard and Phil Becerra, Warmington Residential LOCATION: 502 and 520 South Lark Ellen Avenue (Formerly St. Martha's Episcopal Church) WHEREAS, there was filed with the City a verified application on the forms prescribed in Section 26-153 and 26-199 of the West Covina Municipal Code, for the reclassification from: "Single-Family Residential (R-1)" to "Specific Plan No. 27 (Cadanera Specific Plan)" on a portion of that certain property generally described as follows: Assessor Parcel No. 8486-002-008 and 8486-002-009 as shown on the latest rolls of the Los Angeles County Tax Assessor; and WHEREAS, the proposed zone change is requested to provide consistency between the General Plan and Zoning Map, and to establish zoning standards for the subject project; and WHEREAS, said zone change application is requested to allow for the development of 45 single-family dwelling units; and WHEREAS, a tentative tract map (No. 72320) has been submitted for the subdivision of 45 lots to be developed with 45 single-family dwelling units; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 22'1 day of October, 2013, conduct a duly noticed public hearing to consider the subject application for a Zone Change, at which time the Planning Commission adopted Resolution No. 13-5536 recommending approval of the application; and WHEREAS, the City Council did, on the 17th day of December, 2013, conduct a duly advertised public hearing as prescribed by law, and considered evidence presented by the Planning Commission, Planning Department, and other interested parties; and WHEREAS, studies and investigations made by the City Council and in its behalf reveal the following facts: 1. The project consists of a development plan for the construction of 45 single-family dwelling units on a 5.7-acre parcel. 2. The project includes a zone change requesting to change the zone from "Single-Family Residential (R-1)" to "Specific Plan No. 27 (Cadanera Specific Plan)" that allows for 45 single-family residential units on a portion of the subject property. 3. The applicant is requesting approval of a tentative tract map to subdivide the site into 51 parcels. Forty-five lots would be developed with dwelling units and the remaining six lots would provide for a private street and common open space. 4. Findings necessary for approval of a zone change are as follows: ZACase Files\TRACT MAP\2013\72320 520 S Lark Ellen Ave 45 UnilACC\ZC Ord.doc Ordinance No. Zone Change No. 13-03 December 17, 2013- Page 2 a. There are changed conditions since the existing zoning became effective to warrant other or additional zoning. b. The proposed change of zone will not adversely affect adjoining property as to value or precedent and will not be detrimental to the area. c. A change of zone will be in the interest or furtherance of the public health, safety, and general welfare. d. The approval of such a change of zone will not adversely affect the comprehensive General Plan so adopted by the City. e. The approval of such a zone change is consistent with the General Plan or applicable specific plans. 5. Pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, a MITIGATED 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. WHEREAS, based on the evidence, both oral and documentary, the City Council finds as follows: , a. The proposed zone change will facilitate the development of a small-lot single-family project that allows for a density of 7.9 units per acre within Specific Plan 27. Since the last General Plan update in 1985, the housing market has changed to provide different types of housing to accommodate the population growth as well as to provide diverse housing that meets the population needs. Since most cities within the San Gabriel Valley are built out, most new residential projects are infill development in underutilized sites or in a mixed-use setting. Allowing different type of housing and flexibility of development standards, Cities can continue to provide new housing to accommodate the growing population and meet their fair share of regional housing. Therefore, the City did not envision allowing parcels smaller than 6,000 square feet in area. As such, there are changed conditions since the existing zoning became effective to warrant changes in relaxing the more traditional development standards established in the 1980s when the City was rapidly developing. b. An environmental study, in compliance with CEQA, has been prepared determining that mitigation measures are required. The mitigation measures serve to prevent adverse impact on the future project to be constructed on the site, surrounding land uses, and service systems. In addition, the proposed zone change will not adversely affect adjoining property value and will not be detrimental since the area is improving by redeveloping an underutilized site that contains vacant buildings. c. The City of West Covina's Regional Housing Needs allocation (RHNA) for the 2008-2014 planning period had been determined by SCAG to be 2,462 units including 631 units for very-low income households, 388 units for low income households, 417 units for moderate-low income households and 1,026 units for above moderate households. However, the city has adopted 2014-2021 Housing Element Update and the goals and objectives remain the same. In recent years, ZACase Files\TRACT MAP\2013\72320 520 S Lark Ellen Ave 45 Unit\CC\ZC Ord.doc Ordinance No. Zone Change No. 13-03 December 17, 2013- Page 3 the City has built higher density units primarily for senior citizens only. Although the proposed units are not considered affordable units as units being subsidized by any public funding mechanism, the 45 single family residential units would be potentially more affordable than the traditional units on larger parcels. In addition, the project provides an additional housing type that is a cluster design and provides the privacy and/or security of being a gated community. The Housing Element of the General Plan calls for "exploring opportunities for new residential development within those areas of the City occupied by vacant or underutilized, obsolete commercial and industrial uses." The Specific Plan would take advantage of redeveloping a site that is an underutilized site and vacant religious buildings and is primarily surrounded by single-family residential development. As such, the change of zone will be in the interest of the public health, safety, and general welfare. d. The policies and objectives of the Specific Plan comply with the "Residential Low Medium" land use designation for the subject site in the General Plan, and the provisions for design and improvements comply with the implementation policies and objectives of the Specific Plan. The General Plan establishes densities for the different residential land use designations. The Specific Plan would allow the subject site to be developed at a density of 8 units per acres, which is consistent with the density allowed in the General Plan Use Designation for "Residential Low Medium." As such, the proposed zone change will not adversely affect the comprehensive General Plan of the City. e. The approval of such zone change is consistent with the General Plan land use designation of "Residential Low Medium". The proposed land use designation allows for a density range of 4.1 to 8 units per acres. The proposed project is 7.9 units per acre and is consistent with the development standards set forth in the Specific Plan No. 27 (Cadanera Specific Plan). NOW, THEREFORE, the City Council of the City of West Covina, California, does resolve as follows: SECTION NO. 1: Based on the evidence presented, and the findings set forth, the above Zone Change No. 13-03 is hereby found to be consistent with the City's General Plan and the land uses permitted within said zone classification. SECTION NO. 2: The Planning Commission does hereby recommend to the City Council that it approve Zone Change No. 13-03, adopting the specific plan text as set forth in Exhibit A and changing the zoning designation for subject property as set forth on Exhibit B and amending the Zoning Map of the City of West Covina. SECTION NO. 3: The Secretary is instructed to forward a copy of this Resolution to the City Council for its attention in the manner prescribed by law. ZACase Files\TRACT MAP\2013\72320 520 S Lark Ellen Ave 45 Unit\CC\ZC Ord.doc Ordinance No. Zone Change No. 13-03 December 17, 2013- Page 4 APPROVED AND ADOPTED on.this 17th day December, 2013. Mayor Steve Herfert ATTEST: City Clerk Laurie Carrico STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF WEST COVINA I, Nickolas S. Lewis City Clerk of the City of West Covina, 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 17th day of December 2013. AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM: City Clerk Nickolas S. Lewis City Attorney Arnold Alvarez-Glasman ZACase Files\TRACT MAP\2013\72320 520 S Lark Ellen Ave 45 Unit\CC\ZC Ord.doe EXHIBIT A Cadanera Specific Plan City of West Covina September 2013 Cadanera A Planned Community Prepared for: City of West Covina 1444 West Garvey Avenue West Covina, CA 91790 Applicant: Warmington Residential California 3090 Pullman Street Costa Mesa, CA 92626 Prepared by: D33 Design & Planning, Inc. 31866 Camino Capistrano San Juan Capistrano, CA 92675 Phone: (949) 230-4537 Fax: (949) 544-0427 Specific Plan Consultant Team: JZMK Partners Malefyt Land Planning Cadanera Specific Plan September 2013 Table of Contents Executive Summary ES.1 Introduction ES.2 Residential Area ES.3 Specific Plan Components Section 1.0 Plan Overview 1.1 Introduction 1.1.1 Project Context 1.2 Specific Plan Objectives 1.3 Project Location 1.4 Authority for the Specific Plan 1.5 General Plan Consistency Section 2.0 Land Use 2.1 Land Use Plan 2.2 Land Use Summary Section 3.0 Project Phasing 3.1 Phasing Policies Section 4.0 Development Standards 4.1 General Provisions 4.2 Development Standards 4.2.1 Residential Development Standards 4.3 Residential Development Standards 4.3.1 Floor Plans 4.4 Residential Parking Requirements 4.4.1 Location of Parking Spaces 4.4.2 Vehicle Access 4.4.3 Design and Improvements 4.5 Community Preservation/Maintenance Section 5.0 Design Guidelines/Requirements 5.1 Purpose and Intent 5.2 Single Family Design Guidelines/Requirements 5.2.1 Architectural Style 5.2.2 Materials 5.2.3 Roofs 5.2.4 Windows 5.2.5 Gutters and Downspouts 5.2.6 Exterior Lighting 5.3 Accessory Elements 5.3.1 Trash 5.4 Non-Architectural Elements 5.4.1 Mechanical Equipment 5.4.2 Meters 5.5 Perimeter Security ES-1 ES-1 ES-1 1 1 1 1 2 2 7 7 13 15 15 15 15 15 15 15 15 16 16 20 20 20 20 20 21 21 21 21 21 21 21 21 22 Cadanera Table of Contents Specific Plan September 2013 i Table of Contents Section 6.0 Landscape Design Standards & Guidelines 6.1 Residential Landscape Design Standards and Guidelines 6.2 Lark Ellen Avenue Landscape Character 6.3 Community Open Space Area 6.4 Landscaping 6.5 Entry Monument Lighting 6.6 Walls and Fences 6.7 Landscape Plans 6.8 Irrigation Design 6.9 Landscape Maintenance 6.10 Pedestrian Linkages (Street and Walkways) 6.11 Plant Palette Section 7.0 Signage 7.1 Signs 7.1.1 Signage Design Guidelines Section 8.0 Infrastructure, Utilities and Public Services 8.1 Purpose and Intent 8.2 Vehicle Circulation 8.3 Grading 8.4 Standard Urban Stormwater Mitigation Plan (SUSMP) 8.5 Storm Drain Plan 8.6 Sewer Plan 8.7 Water Plan 8.8 Utilities 8.9 Public Services 8.10 Subdivision Section 9.0 Implementation and Administration 9.1 Infrastructure and Public Services Financing 9.2 Application Processing 9.3 Specific Plan Modifications/Minor Adjustments 9.4 Interpretation 42 42 42 42 43 43 43 43 43 43 44 48 48 49 49 49 49 49 50 50 50 50 51 53 53 53 53 Cadanera Table of Contents Specific Plan September 2013 LIST OF EXHIBITS Exhibit 1 Vicinity Map 2 Aerial Map 3 Proposed Land Use Plan 4 Existing Zoning Map 5A Conceptual Site Plan 5B Technical Site Plan 5C Typical Lot 6 Phasing Plan 7 Residential - Development Standards 8A Conceptual Floor Plans (1st Floor) 8B Conceptual Floor Plans (2nd Floor) 9A Plan 1 - Spanish - Standard Elevations 9B Plan 1 - Spanish - Enhanced Privacy Elevations 90 Plan 1 - California - Standard Elevations 9D Plan 1 - California - Enhanced Privacy Elevations 10A Plan 2 - Spanish - Standard Elevations 10B Plan 2 - Spanish - Enhanced Privacy Elevations 100 Plan 2 - California - Standard Elevations 100 Plan 2 - California - Enhanced Privacy Elevations 11A Plan 3 - Spanish - Standard Elevations 11B Plan 3 - Spanish - Enhanced Privacy Elevations 11C Plan 3 - California - Standard Elevations 11D Plan 3 - California - Enhanced Privacy Elevations 12A Proposed Color Scheme - Spanish (Scheme 1) 12B Proposed Color Scheme - Spanish (Scheme 2) 12C Proposed Color Scheme - Spanish (Scheme 3) 12D Proposed Color Scheme - California (Scheme 1) 12E Proposed Color Scheme - California (Scheme 2) 12F Proposed Color Scheme - California (Scheme 3) 12G Proposed Color Schemes - Matrix 13 Conceptual Landscape & Wall Plan 14 Proposed Entry Monument & Wall Details 15 Lark Ellen Avenue Street Scene 16 Tentative Tract Map Page 5 6 8 9 10 11 12 14 17 18 19 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 45 46 47 52 Cadanera Table of Contents Specific Plan September 2013 Executive Summary ES.1 INTRODUCTION The Cadanera Specific Plan addresses approximately 5.76 acres of land located within the City of West Covina. The regional context and local setting of the Cadanera Specific Plan are illustrated in Exhibits 1 and 2 (Vicinity and Aerial Maps), on pages 5 and 6 of the Specific Plan document. Cadanera is a single family detached community designed to create a livable community compatible with the traditional development characteristics of West Covina. The Specific Plan as illustrated in the Site Plans (Exhibit 5A and 5B) combines the 45 unit residential neighborhood with a passive open space area offering an opportunity for social gathering within an open space setting. The guiding design principles for the community include the following: • Traditional "Spanish" and "California" architectural design; however not limited to. • Sustainable development practices addressing energy efficiency. The proposed development shall be comprised of 7 Phases. Cadanera shall be developed in 7 phases: Phase 1 ("M" on Phasing Plan) shall be the construction of the Models (lots 1 - 3) as well as the infrastructure of the site, Phase 2 (1 on the Phasing Plan) shall be the construction of lots 38 - 45, Phase 3 (2 on the Phasing Plan) shall be the the construction of lots 7 - 12, Phase 4 (3 on the Phasing Plan) shall be the construction of lots 13 - 15 and 33 - 37, Phase 5 (4 on the Phasing Plan) shall be the construction of lots 16 - 19 and 29 - 32, Phase 6 (5 on the Phasing Plan) shall be the construction of lots 20 - 28, and Phase 7 ("BO" on the Phasing Plan) shall b the construction of lots 4 - 6 where the Model parking is located during construction of areas 1 - 6. See Exhibit 6 for Phasing Plan. The project shall require a Zone Change, adoption of the Specific Plan, and Tentative Tract Map approvals. ES.2 RESIDENTIAL AREA Single family residential neighborhood areas are designed in keeping with the above principles resulting in the following: • Designed at a human scale and oriented to pedestrian activity. • Provide single family detached housing within the City of West Covina. • Provide an enjoyable outdoor experience through the passive open space area. • Provide rich traditional "Spanish" and "California" design elements throughout the residential community. ES.3 SPECIFIC PLAN COMPONENTS Cadanera Specific Plan September 2013 ES-1 Executive Summary The Cadanera Specific Plan is organized into the following sections: • Section 1 - Plan Overview The plan overview serves to acquaint the reader with the project setting, a general description of the project proposal, the goals and policies of the Specific Plan, the Specific Plan objectives, and General Plan consistency. • Section 2 - Land Use The Land Use section describes the existing zoning and land uses and what the specific plan is proposing to change them to. • Section 3 - Project Phasing This section describes the project phasing including location and order. • Section 4 - Development Standards This section provides the developmental standards. It covers the setbacks, parking requirements, maximum lot coverage, maximum building height and minimum landscaping and open space requirements, as well as the permitted and prohibited uses. • Section 5 - Design Guidelines/Requirements The design guidelines include graphic representations and text to guide the architecture of the Cadanera community. • Section 6 - Landscape Design Standards and Guidelines This section provides graphic representation of the landscape design standards of the community, touching on every detail. • Section 7 - Signs The signs section covers the signage throughout the community such as home address and entrance monumentation. • Section 8 - Infrastructure, Utilities and Public Services This section discusses the technical information regarding necessary infrastructure such as vehicle circulation, grading of the site, storm drainage, water and sewer plans, public services, etc. • Section 9 - Implementation and Administration This section covers Specific Plan implementation through plan check, timing of improve-ments, maintenance responsibilities, and any amendments or adjustments that may be needed. Cadan era Specific Plan September 2013 ES-2 Executive Summary Plan Overview 1.1 INTRODUCTION The Cadanera Specific Plan is a 5.76 acre single family development. The purpose of the Cadanera Specific Plan is to ensure compatibility of the project with the existing neighborhood surrounding the site and propose a residential component to create a high quality environment. Future development shall be consistent with the Specific Plan regulations for land use, design standards, infrastructure, utilities, and public services; and construction shall be consistent with the current California Building Code (CBC). 1.1.1 PROJECT CONTEXT The project site consists of a 5.76 acre parcel with the current General Land Use Designa-tion of Residential Low Medium (RLM) with an allowable density of 4.1 - 8.0 dwelling units to the acre. The site is currently zoned R-1 (Residential Single Family) allowing a maximum of 1.0 dwelling unit per lot. The two parcels that together make the 5.76 acre site are currently utilized by a residence, preschool/school (Dove Day School), a church (Saint Martha's Episcopal Church), parish hall, classroom building, office building, and a modular building. The northwest portion of the property is a day school/preschool and a residence. The south-west and central portion of the property is the church,parish hall, classroom building, office building, modular building, parking area and a basketball court. The eastern portion of the site is a grassy field with a playground area. 1.2 SPECIFIC PLAN OBJECTIVES The Cadanera Specific Plan is intended to fulfill the following objectives: • To provide a quality community with cohesive design. • To provide single family housing opportunities within the City of West Covina for the general population. 1.3 PROJECT LOCATION The project is located in the northwestern portion of the City of West Covina. Specifically at 502 & 520 South Lark Ellen Avenue. See Exhibits 1 through 4 for project location, Land Use designation and Zoning information. 1.4 AUTHORITY FOR THE SPECIFIC PLAN The Cadanera Specific Plan is established through the authority granted to the City of West Covina by California Government Code, Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 (Specific Plans). A specific plan is a legislative planning tool, regulatory in nature, and serves as zoning law for the property involved. Development plans, site plans, and tentative tract/parcel maps must be consistent with both the specific plan and the City's General Plan. Cadanera I. Plan Overview Specific Plan September 2013 1 According to the California Government Code (Section 65451), a specific plan shall contain the following elements: a. A specific plan shall include text and a diagram that specify all of the following detail: 1. The distribution, location, and extent of the uses of land, including open space within the area covered by the plan. 2. The proposed distribution, location and extent, and intensity of major components of public and private transportation, sewage, water, drain-age, solid waste disposal, energy and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. 3. Standards and criteria by which development will proceed and standards for the conservation, development, and utilization of natural resources, where applicable. 4. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary paragraphs 1 and 2. A Specific Plan shall include a statement of its relationship to a general plan. Section 1.5 below discusses the relationship of the Cadanera Specific Plan to the City of West Covina's General Plan. 1.5 GENERAL PLAN CONSISTENCY Per the California Government Code, Section 65454 "Consistency with the General Plan," the Cadanera Specific Plan must be consistent with the City of West Covina's General Plan. The Governor's Office of Planning and Research defines consistency with a General Plan as "a program or project that will further the objective and policies of the General Plan." As required by state law, this section provides an assessment of consistency with the City's goals and objective of the current General Plan. The framework for this assessment is the list of the City's goals and objectives drawn from the Housing Element and Land Use Element. The goals and objective are presented in upper case letter and italics. The discussion following the goals and objective outlines the Specific Plan's conformance to these goals and objectives. The Cadanera Specific Plan shall serve to implement the following General Plan Goals: • Housing Element - Goal 1: "To provide all residents of West Covina with opportunities to live in decent, safe, sanitary, and energy-efficient housing at costs they can reasonably afford." Cadan era I. Plan Overview Specific Plan September 2013 2 Strategies: • The City will encourage the construction of a wide variety of new housing to meet the needs of all residents. The City will also examine local standards, regulations and requirements to determine their impact on development costs and recommend appropriate adjustments to reduce these costs. The Cadanera Specific Plan shall implement this goal by providing single family home in a well designed community, compatible with the surrounding neighborhoods, and design to meet all energy and building codes to create a decent, safe and sanitary community. • Housing Element - Goal 2: "To ensure equal access to housing to all persons, regardless of sex, age, race, marital status, ethnic background, handicap, source of income, or other characteristics." Strategies: • Programs & activities will be undertaken to encourage equal housing opportunities for everyone and to ensure enforcement of fair housing laws. The Cadanera Specific Plan shall implement this goal by allowing anyone, regardless of sex, age, race, marital status, ethnic background, handicap, source of income, or any other characteristic to live within the community. • Housing Element - Goal 3: "To assure that West Covina's housing stock is preserved, well-maintained, and of sound quality through maintenance, conservation, and rehabilitation programs." Strategies: • The City will undertake the enforcement of the Property Maintenance Ordinance which is intended to preserve existing residential, as well as nonresidential structures in attractive, safe and sanitary conditions. The City will enforce local zoning, housing, fire and building codes to maintain safe and decent housing. The Cadanera Specific Plan shall implement this goal by ensuring that the community shall have a Homeowner's Association program to regulate the maintainance of the community. • Land Use Element - Goal 1: "Preserve the essential residential character of West Covina - a city of beautiful homes." Strategies: • The City has developed a series of action programs to implement housing construc-tion, preservation, and conservation goals. The Cadanera Specific Plan shall implement Residential Development Standards to ensure that the Cadane'ra community is that of beauty. Cadanera I. Plan Overview Specific Plan September 2013 3 • Land Use Element - Goal 2: "Arrange land uses with regard to the health, safety, con- venience and welfare of the residents of the City." Strategies: • The City of West Covina's zoning map shows the land uses arranged in regards to the health, safety, convenience and welfare of the residents of the City. The Cadanera Specific Plan shall implement this goal by rezoning the site from R-1 to Specific Plan which will allow single family homes to be built at a maximum density of 8.0 dwelling units to the acre versus the maximum 1.0 dwelling unit per lot under the R-1 zoning. Cadanera I. Plan Overview Specific Plan September 2013 4 Vicinity Map EXHIBIT- 1 Cadanera I. Plan Overview Specific Plan September 2013 5 Aerial Map EXHIBIT- 2 Cadanera I. Plan Overview Specific Plan September 2013 6 Land Use 2.1 LAND USE PLAN The Specific Plan seeks a maximum density of 8.0 dwelling units per acres and developable lot sizes varying from 2,800 square feet to 10,240 square feet. The minimum lot dimension allowed by the Specific Plan is 41'-4" lot width and 67'-10" in depth. The Cadanera Specific Plan is currently zoned Residential Single Family (R-1) allowing a maximum of 1.0 dwelling unit per lot and designated Residential Low Medium (RLM) within the West Covina General Plan. The zoning shall be changed from Residential Single Family to Specific Plan. 2.2 LAND USE SUMMARY The 5.7 acre development shall consist of a "Specific Plan" land use component. The residential development shall consist of two-story single family residence totaling 45 units, with passive open space areas. Cadanera II. Land Use Specific Plan September 2013 7 Existing: Residential Single Family Proposed: Specific Plan 6,;19415"rt=3.7:91 ,4?vroc•-,47. Proposed Land Use Plan EXHIBIT -3 Cadanera IL Land Use Specific Plan September 2013 8 Existing Zoning Map Legend Residential R-A- Residential Agriculture R-1 - Residential Single Family MF-8 - Residential 8 du/ac MF-15 - Residential 15 du/ac MF-20 - Residential 20 du/an MF-45 - Residential 45 du/ac Commercial and Industrial . N-C - Neighbohood Commercial S-C - Service Commercial R-C - Regional Commercial C-2 - Medium Commercial C-3 - Heavy Commercial NM 0-P - Office Professional M-1 - Manufacturing I-P - Planned Industrial Public Use P-B - Public Building O-S - Open Space Master Plans and Specific Plans PCD-1 - Planned Community Develoment SP - Specific Plan Overlays : Outdoor Uses Overlay Zone Hillside Overlay Zone Civic Center Overlay Zone City Boundary EXHIBIT- 4 Cadanera IL Land Use Specific Plan September 2013 9 Parking 90 (2 Covered Spaces/Unit) 90 (2 Driveway Spaces/Unit) 24 (0.53 Guest Spaces/Unit) Total Parking 204 Spaces Ratio 4.53 Spaces/Unit Conceptual Site Plan Site Summary 5.76 Acres 45 Units 7.8 DU/Acre EXHIBIT- 5 II. Land Use Cadanera Specific Plan September 2013 10 PLAN I Technical Site Plan PLAN I CALIFORNIA PLAN I - SPAN'S FRONT ELEVATIONS - NOT TO SCALE EXHIBIT- 5B Cadanera Specific Plan September 2013 11 IL Land Use • EASEMENT RECIPROCAL USE EASEMENT 91,1 RECIPROCAL USE EASEMENT 466 SE RECIPROCAL USE —x PRIVATE AREA AIR CONDITIONER ROOF OVERHA NG (1,-0. MAX.) GATE SEMI-PRIVATE AREA X , I I ,—FENCE AIR CONDITIONER 1 I \i /—•FENCE I PLAN 3 PLAN 1 PLAN 2 'GATE CH/BIT- 5C Cadanera II. Land Use Specific Plan September 2013 12 IR CONDITIONER ...„1:4191.13.r..arr BORe/eZ60.11. ji.=:s AT DV) 1=0.1. NUM 10.1.11. .1.0. 1.113.1.013u.N.F.17451.--- I IRRAROORIF.../... WALL PROTECTION AT RAVE FOR ILLUSTRATIVE PURPOSES ONLY Typical Lot Project Phasing 3.1 PHASING POLICIES The following policies are intended to ensure that the Cadanera Specific Plan shall provide the essential infrastructure and services to support each phase of development. See Exhibit 6, Phasing Plan, (following page) for Cadanera Specific Plan project phasing. • All new development shall provide the appropriate level of public improvements, services and utilities to adequately serve the proposed uses for each phase of development. Confirmation by the Public Works department of adequate facilities shall be provided prior to the issuance of building permits. • Cadanera shall be developed in 7 phases: Phase 1 ("M" on Phasing Plan) shall be the construction of the Models (lots 1 - 3) as well as the infrastructure of the site, Phase 2 (1 on the Phasing Plan) shall be the construction of lots 38 - 45, Phase 3 (2 on the Phasing Plan) shall be the the construction of lots 7 - 12, Phase 4 (3 on the Phasing Plan) shall be the construction of lots 13 - 15 and 33 - 37, Phase 5 (4 on the Phasing Plan) shall be the construction of lots 16 - 19 and 29 -32, Phase 6 (5 on the Phasing Plan) shall be the construction of lots 20 - 28, and Phase 7 ("BO" on the Phasing Plan) shall be the construction of lots 4 - 6 where the Model parking is located during construction of areas 1 - 6. See Exhibit 6 for Phasing Plan. • If needed, temporary on-site private streets and drive aisles shall be provided subject to the approval of the Public Works and Fire Departments. • Each undeveloped phase shall be maintained in a weed free condition. Cadanera III. Project Phasing Specific Plan September 2013 13 Phasing Plan EXHIBIT-6 III. Project Phasing Cadanera Specific Plan September 2013 14 Development Standards 4.1 GENERAL PROVISIONS A. Any situations not specifically addressed by the Cadanera Specific Plan, shall be subject to the West Covina Municipal Code (Chapter 26, Zoning), as long as such regulations are not in conflict with the intent and the objectives of the Cadanera Specific Plan as defined in Section 1.2. 4.2 DEVELOPMENT STANDARDS The development standards for Cadanera is described in Exhibit 7 on page 16. 4.2.1 RESIDENTIAL DEVELOPMENT STANDARDS •The development standards within Exhibit 7 shall be used in conjunction with the single family design guidelines/requirements contained in Section 4.3 and Exhibits 7 - 13G. 4.3 RESIDENTIAL DEVELOPMENT STANDARDS 4.3.1 FLOOR PLANS There shall be two minimum floor plan types, varying square footages; ranging from a mini- mum of approximately +1,400 square feet to +2,800 square feet. Refer to Exhibit 8A - 8B for the conceptual floor plans. 4.4 RESIDENTIAL PARKING REQUIREMENTS This section shall be considered the "Master Parking Requirements" for the Cadanera Specif- ic Plan. The project shall provide a minimum of 4.5 parking spaces per unit; 2 garage spaces per unit plus 2 driveway spaces, and 0.5 open/guest parking spaces per unit. 4.4.1 LOCATION OF PARKING SPACES Each unit shall have a minimum of two designated covered parking space provided within an attached garage, two spaces shall be provied within the driveway, and the additional guest parking shall be evenly distributed throughout the site. Refer to Exhibit 7 for the Residential Development Standards. 4.4.2 VEHICLE ACCESS Access to the project site shall be through a gated entry off of Lark Ellen Avenue. The entry shall comply with the Security Gate Standards. Interior access shall be allowed via private streets and driveways. Cadanera IV. Development Standards Specific Plan September 2013 15 4.4.3 DESIGN AND IMPROVEMENTS All parking areas shall be surfaced with or paved with porous asphalt concrete, concrete, or other surface approved by the City Public Works Department, and shall thereafter be maintained in good condition. 4.5 COMMUNITY PRESERVATION/MAINTENANCE Cadanera shall have a private Homeowner's Association. The association shall provide maintenance of all private common area improvements, landscape, entry gate, fence and wall repairs. Cadanera IV. Development Standards Specific Plan September 2013 16 Residential - Development Standards CRITERIA LOT SIZE Minimum Lot Area: Minimum Lot Width: Minimum Lot Depth: MINIMUM SETBACKS Front Setback Open (Porch): Front Setback (Living): Rear Setback (Excluding Lot 22): Rear Setback (Lot 22): Rear Setback to Patio Cover: Side Setback: Height: Building Lot Coverage (max. percent): Minimum Drive Aisle Width: Required Parking Spaces: Required Guest Parking Spaces: Garage Dimension: Minimum Driveway Length (Excluding Lots 22, 24 and 25): Minimum Driveway Length (Lot 22): Minimum Driveway Length (Lot 24): Minimum Driveway Length (Lot 25): Standard Driveway Stall Dimension: Standard Parking Stall Dimension: Parallel Parking Stall Dimension: Permitted Uses: Prohibited Uses: EXHIBIT- 7 SPECIFIC PLAN 2,800 Square Feet (0.06 Acres) 41'-4" 67'-10" 4'-0" minimum 10,-0" minimum 10,-0" minimum 8'-6" minimum 3'-0" minimum 4'-0" minimum 25'-0" maximum (finished grade to top of ridge line) 60% (Gross Area) 20'-0" (28'-0" including parallel spaces) 4 spaces total (2 covered) 0.5 spaces per unit 20'-0" x 20'-0" (interior dimensions) 20'-0" (from garage door to property line) 18'-1" (from garage door to property line) 19'-6" (from garage door to property line) 19'-2" (from garage door to property line) 8'-0" x 20'-0" (16' x 20' for 2 spaces) 9'-0" x 18'-0" 8'-0" x 22'-0" Single family residential units. All of which are not stated as Permitted Uses. Cadanera Specific Plan September 2013 17 IV. Development Standards Po, 4 -ter (Cr, 4.4 11 7 crfr....1 714 =‘: 'a:7T- • • EXHIBIT- BA IV. Development Standards Cadanera Specific Plan September 2013 18 ACG' .1 7 nn.,13'117,12jATie0. rbra••• Conceptual Floor Plans (1st Floor) o nix. t1H cli [1:136 \14 241. ESA be, tbeIKe Conceptual Floor Plans (2nd Floor) EXHIBIT - BB IV. Development Standards Cadanera Specific Plan September 2013 19 Design Guidelines / Requirements 5.1 PURPOSE AND INTENT The purpose of this section is to ensure that all development within the Cadanera Specific Plan shall conform to high standards of design quality. The following guidelines/require- ments seek to establish a design framework for the project. They are intended to guide and inform to the same extent that they shall require or restrict. The architectural style used for the Cadanera Specific Plan is defined as "Spanish" and "California" the architecture is mindful of the influence of this style in the surrounding areas of West Covina. Sections 5.2 through 5.4.2 below shall provide guidelines and requirements for the residential development. 5.2 SINGLE FAMILY DESIGN GUIDELINES / REQUIREMENTS The residences within Cadanera are envisioned as traditional "Spanish" & California" style homes; however not limited to. Access shall be through a gated entry off of Lark Ellen Ave- nue. The following design guidelines shall help create a cohesive community through archi- tecture, landscaping, and site planning. The exhibits shall provide graphic examples incor- porating the guidelines/requirements into the project. Also refer to the Residential Development Standards (Exhibit 7) for detailed information. 5.2.1 ARCHITECTURAL STYLE All elevations shall be similar to the elevations enclosed, incorporating building forms, mass- es, roof design and authentic details and accent features that are consistent with the archi- tectural style of the elevation. Refer to Exhibits 9A through 11D for conceptual elevations, both Spanish and California architectural styles, and Exhibits 12A - 12G for proposed color schemes per style. Lots 28, 29, 32, 33, 37, 38, 41, 42, and 45 shall have an enhanced side condition for privacy to the adjacent existing property owners. Refer to Exhibit 9B, 9D, 10B, 10D, 11B and 110 for those elevations. 5.2.2 MATERIALS All surface treatments or materials shall be designed to appear as an integral part of the design, and not merely applied. All materials and colors shall wrap architectural elements and terminate at inside corners. 5.2.3 ROOFS A variety in roof forms, ridge and eave heights, and direction of hips or gables shall be required to avoid a monotonous roofscape as viewed from neighborhood streets, open space, etc. Roof pitch shall range from 2:12 to 6:12. Roof overhangs shall be a maximum of twelve inches and shall comply with the California Building Code. Roof materials should consider authenticity of style while balancing economical necessities. Fascia elements should be consistent with the architectural style of the building. Cadanera V. Design Guidelines/Requirements Specific Plan September 2013 20 Skylights and or solar panels are permitted. Skylight and or solar panel framing material shall be colored to match the adjoining roof. White "bubble" skylights are not permitted. 5.2.4 WINDOWS Window details, including header, sill and trim elements shall be consistent with the architectural style of the building. Window shapes and mullion patterns shall be consistent with the architectural style of the building. The shape and size of shutters shall be compatible with the window opening. 5.2.5 GUTTERS AND DOWNSPOUTS Exposed gutters and downspouts shall be colored to either match or complement the surface to which they are attached. 5.2.6 EXTERIOR LIGHTING Bollard lights shall be permitted in open space areas. Carriage lights could be permitted and shall be consistant with the architectural style of the building. 5.3 ACCESSORY ELEMENTS 5.3.1 TRASH Resident trash containers shall be stored in the garage of each unit. An area within the garage must be allocated to house a trash, recycling, and yard waste receptacle. This area must be outside of the minimum parking space dimensions. The trash containers shall be wheeled out to the designated area on the driveway apron on trash collection day . For those containers not reachable by the trash collection vehicle, the bins shall be placed on the nearest curb for trash collection day only. Outdoor trash enclosures are prohibited. 5.4 NON-ARCHITECTURAL ELEMENTS 5.4.1 MECHANICAL EQUIPMENT No mechanical equipment (air-conditioning, heating units, etc.) shall be mounted on, or attached to, any pitched roof. They may be located within either the side yard or the rear yard, outside of the setbacks. Such equipment is not permitted in the front yard or the yard within public view of the street. Mechanical devices such as exhaust fans, vents, and pipes shall be painted to match adjacent roof and wall surfaces. 5.4.2 METERS Natural gas meters shall be mounted onto the external wall of the building. Builder shall contact the utility provider for minimum clearances. Electrical meters shall be mounted onto the external wall of the building. Builder shall contact the utility provider for minimum clearances. Cadanera V. Design Guidelines/Requirements Specific Plan September 2013 21 5.5 PERIMETER SECURITY The development will include a new boundary fence or wall (or combination thereof) along the perimeter of the site. The southern boundary will utilize 6' high solid vinyl fence along the southern boundary. All existing fencing and block walls will remain in place to maintain full privacy to the existing neighborhood. The western boundary shall utilize a a 6' high stucco block wall with stone pilasters along the western edge. The western edge also has 6' high security gates opened by the residents. The northern boundary shall utilize a 3' block stucco wall with 3' high open vinyl fence. Privacy wall/fence heights shall be a minimum of 6'-0" from grade. Cadanera V. Design Guidelines/Requirements Specific Plan September 2013 22 Plan 1 - Spanish - Standard Elevations FRONT ELEVATION LEFT ELEVATION Da01111111831114111ELLIM fflo-rotert 1.7,..{ &Tann... occoryart Cul mai 10 ma...TPA mmtna Clocomnm mem. swan. move. Olo.t1 EXHIBIT -9A V. Design Guidelines/Requirements RIGHT ELEVATION REAR ELEVATION Cadanera Specific Plan September 2013 23 Plan 1 - Spanish - Enhanced Privacy Elevations FRONT ELEVATION LEFT ELEVATION RIGHT ELEVATION (SOUTH-FACING) REAR ELEVATION EXHIBIT- 98 VMPI(191141,111.411F(SIQ inm•narnsmat M.o.= santuunctanz Ch.mn, Danno.: EmAnutala,Ninusc B Nan gwatatont•r0..1 ono! I NOTE: Enhanced Privacy Condition shall ONLY apply to Lots 28, 29, 32, 33, 37, 38, 41, 42, and 45 for privacy to the adjacent existing property owners. Cadanera V. Design Guidelines/Requirements Specific Plan September2013 24 Plan 1 - California - Standard Elevations FRONT ELEVATION LEFT ELEVATION tilown•annwo D.,xct,mx• ED.,=IguiltaruaL EXHIBIT- 9C V. Design Guidelines/Requirements RIGHT ELEVATION REAR ELEVATION Caclanera Specific Plan September 2013 25 Plan 1 - California - Enhanced Privacy Elevations FRONT ELEVATION LEFT ELEVATION RIGHT ELEVATION (SOUTH-FACING) EXHIBIT- 90 MeLBECEBIALIZIEEta IlInvanan Dux. tam nmer up. man3 13+.Irocrz Da. nwseec NOTE: Enhanced Privacy Condition shall ONLY apply to Lots 28, 29, 32, 33, 37, 38, 41, 42, and 45 for privacy to the adjacent existing property owners. Cadanera V. Design Guidelines/Requirements Specific Plan September 2013 26 FRONT ELEVATION Plan 2 - Spanish - Standard Elevations rammuymmuzz. 41.•tms 111.<n.m.sr...2 It=7.4 H=rrtOZOLo.... EXHIBIT - 10,1 C3...'••••=•••. V. Design Guidelines/Requirements REAR ELEVATION Cadariera Specific Flen September 2013 27 FRONT ELEVATION RIGHT ELEVATION (SOUTH-FACING) Plan 2 - Spanish - Enhanced Privacy Elevations 1=0112.81121181-1.PMEt pice•ftuns.us Finea.m. El==z3 'EXHIBIT- 10B D'"""'".n. V. Design Guidelines/Requirements REAR ELEVATION NOTE: Enhanced Privacy Condition shall ONLY apply to Lots 28, 29, 32, 33, 37, 38, 41, 42, and 45 for privacy to the adjacent existing property owners. Cadanera Specific Plan September 2013 28 Plan 2 - California - Standard Elevations FRONT ELEVATION RIGHT ELEVATION LEFT ELEVATION REAR ELEVATION allauxudenateuann 0=7, ,EXHIBIT- 10C V. Design Guidelines/Requirements Cadanera Specific Plan Seplember2013 29 LEFT Cadanera ELEVATION FEBIDELLIMMILLEGEM Elcomarn prat asm Mumaecom.accuccrani wmun.1 Et=nnZ. JEXHIBIT - 100 REAR ELEVATION NOTE: Enhanced Privacy Condition shall ONLY apply to Lots 28, 29, 32, 33, 37, 38, 41, 42, and 45 for privacy to the adjacent existing property owners. Plan 2 - California - Enhanced Privacy Elevations FRONT ELEVATION RIGHT ELEVATION (SOUTH-FACING) V. Design Guidelines/Requirements Specific Plan September 2013 30 FRONT ELEVATION RIGHT ELEVATION REAR ELEVATION Plan 3 - Spanish - Standard Elevations LEFT ELEVATION EMICHLMERIALIEGEM Onatn.. lactucycsa.mrtwarn.1 umina El.oans. N ftMOJO - 11A •• V. Design Guidelines/Requirements nIP Cadanera Specific Ran September 2013 31 RIGHT ELEVATION (SOUTH-FACING) (EXHIBIT-11B 123902thaffliSUEZte to.arrlYa.0 Ounnnu 1517:41. OZeZn.".lenuannavont haa.... LEFT ELEVATION Plan 3 - Spanish - Enhanced Privacy Elevations FRONT ELEVATION V. Design Guidelines/Requirements REAR ELEVATION NOTE: Enhanced Privacy Condition shall ONLY apply to Lots 28, 29, 32, 33, 37, 38, 41, 42, and 45 for privacy to the adjacent existing property owners. Cadanera SpedficPlan September 2013 32 FRONT ELEVATION LEFT ELEVATION REAR ELEVATION Plan 3 - California - Standard Elevations tr, RIGHT ELEVATION IFXHIBIT - //C EM:11.031161MIBLISMISI Elmmertinnt Pow rm. El c..mst occe larun mnnn D vace Tx. 3E1 vmmw,coon. 111...fraonco Elam rm.. EJftway EIK(0..71111 EIKOMM111121.1t Cadanera V. Design Guidelines/Requirements Specific Plan September2013 33 RIGHT ELEVATION (SOUTH-FACING) LEFT ELEVATION 12M114.593211.-ILEUM 0....totown..tmeu 13.4.nm EXHIBIT-ISO a""4"."'"4 CI"'"""'"" V. Design Guidelines/Requirements REAR ELEVATION NOTE: Enhanced Privacy Condition shall ONLY apply to Lots 28, 29, 32, 33, 37, 38, 41, 42, and 45 for privacy to the adjacent existing property owners. Cadanera Specific Plan September 2013 34 Plan 3 - California - Enhanced Privacy Elevations FRONT ELEVATION Proposed Color Scheme - Spanish Scheme 1 Roof Printed colors may not be 100% accurate EXHIBIT- 12A Cadanera V. Design Guidelines/Requirements Specific Plan September 2013 35 Garage Fascia / Trim Accent Roof Proposed Color Scheme - Spanish Scheme 2 Stu cco Printed colors may not be 100% accurate EXHIBIT- 12B Cadanera V. Design Guidelines/Requirements Specific Plan September 2013 36 Proposed Color Scheme - Spanish Scheme 3 Stucco Roof Printed colors may not be 100% accurate EXHIBIT- 12C Cadanera V. Design Guidelines/Requirements Specific Plan September 2013 37 Roof VeitiNtiN. Stone Proposed Color Scheme - California Scheme I Stucco Printed colors may not be 100% accurate EXHIBIT- 12D Cadanera V. Design Guidelines/Requirements Specific Plan September 2013 38 Roof Stone Proposed Color Scheme - California Scheme 2 Stucco Printed colors may not be 100% accurate EXHIBIT- 12E Cadan era V. Design Guidelines/Requirements Specific Plan September 2013 39 Roof Stone Proposed Color Scheme - California Scheme 3 Printed colors may not be 100% accurate EXHIBIT- 12F Cadanera V. Design Guidelines/Requirements Specific Plan September 2013 40 Proposed Color Schemes - Matrix Color Schemes Merlex Stucco Fascia/Trim Accent Garage Door Stone Roof Tile Spanish - 1 P-124 SW 6062 Rugged Brown SW 6069 French Roast SW 6095 Toasty 3702 Calabar Blend Ivory Powder Spanish -2 P-174 SW 6076 Turkish Coffee SW 6230 Rainstorm SW 6089 Grounded 3606 Vallejo Range Desert Beige Spanish-3 P-100 SW 6104 Kaffee SW 6166 Eclipse SW 6125 Craft Paper 3605 San Benito Blend Glacier White California- 1 P-1527 SW 6083 Sable SW 6208 Pewter Green SW 6096 Jute Brown Eastern Mt. Ledge Chablis 5552 Canyon Gray Iron Mountain California -2 P-1661 SW 7014 Eider White SW 7047 Porpoise SW 7014 Eider White Italian Villa Provo Canyon Grey 5686 Pewter Blend Titanium California -3 P-2007 SW 6111 Coconut Husk SW 6097 Sturdy Brown SW6123 Baguette Old World Ledge Burnt Oak 5634 Kings Canyon Blend Butterscotch Stucco Manufacturer: Merlex Stucco Paint Manufacturer: Sherwin Williams Roofing Manufacturer: Eagle Roofing Stone Manufacturer: Coronado Stone EXHIBIT -12G Cadanera Specific Plan September 2013 41 V. Design Guidelines/Requirements Landscape Design Standards & Guidelines 6.1 RESIDENTIAL LANDSCAPE DESIGN STANDARDS AND GUIDELINES All landscape plans and graphic designs, such as entry monumentation, shall conform to the guidelines as set forth herein, and shall be subject to review and approval by the City of West Covina. 6.2 LARK ELLEN AVENUE LANDSCAPE CHARACTER Lark Ellen Avenue Landscape Character shall consist of the following: • Enhanced Entry — Where the new gated entry is introduced into the existing landscape buffer, all necessary improvements shall be made to repair and replace any damaged trees or shrubs so that the character of the landscape buffer remains intact. • Enhanced Main Entry — The entrance into Cadanera shall feature enhanced plantings and project signage. See Exhibits 13 - 15. 6.3 COMMUNITY OPEN SPACE AREA The Community Open Space Area shall consists of the following: • Picnic area — This area shall be located east of the entry gate and shall provide barbeque grills, picnic tables with a shade structure and benches on a concrete pad, for the use of residents within the development. • Open Turf Area (Field) — This area of the open space shall be turf and situated just ease of the play structure. This area acts as a active open space area. It is provided for general use. • Play Structure — This active play area shall be designed for the children of the community and is provided for general use. • All connecting walkways shall be minimum of 4'-0" wide and designed to meet ADA Accessibility Design Standards. 6.4 LANDSCAPING Planting designs shall be compatible between both the neighboring residential community and the nearby commercial environment. Trees shall help to create the structural backbone to the project. Tree selection shall help to set the landscape tone and shall be organized by primary function (i.e. Street tree, Streetscape, Entry specimen trees, Accent trees, Screening trees etc.). Shrub and groundcover plantings shall also be organized using similar concepts (i.e. background shrub, upright accent shrub, flowering perennial border, screening hedge, etc.). Low water use plants shall be utilized in the plant palette. All trees, shrubs and groundcovers shall be grouped based off of water requirements and irrigated appropriately. See Plant Palette and the Conceptual Landscape Master Plan (Section 6.11 and Exhibit 13) for more detailed information. Cadanera VI. Landscape Design Standards & Guidelines Specific Plan September 2013 42 6.5 ENTRY MONUMENT LIGHTING Intensely "hot" or bright lighting shall be avoided at the entry monument. Lighting fixtures shall be selected and located appropriately to avoid unwanted glare. 6.6 WALLS AND FENCES All existing and proposed 6' masonry walls facing the public way shall have vines or land- scaping to deter graffiti. All proposed perimeter 6' masonry walls shall be CMU covered with stucco. Please refer to the Conceptual Wall Plan and Wall Details (Exhibits 13 - 15). 6.7 LANDSCAPE PLANS All landscaping shall comply with Division 1 - Water Efficient Landscaping (Section 26- 750.1100) of the West Covina Municipal Code. A landscape architect licensed in California shall be retained to prepare planting and irrigation plans for all public areas. 6.8 IRRIGATION DESIGN Irrigation for both public and private landscapes shall be designed to be as water efficient as possible. All irrigation systems shall be controlled using automatic controllers designed to properly apply water to plant materials given the sites soil conditions, evapotranspiration rates, and shall have automatic rain shut off devices. Spray systems shall have low-volume, matched—precipitation nozzles fitted on pop-up bodies that are outfitted with pressure com- pensating devices and integral check valves. Hydrozones will be developed to control the water to specific plant material and adhere to environmental conditions. Pop-up bodies will be specified in areas that may experience pedestrian traffic such as walkways and separa- tion between turf and shrub beds. Standard 12" high risers will be specified for areas next to building and where foot traffic will not be encountered. The on-site irrigation system being entirely private and maintained by the planned HOA. 6.9 LANDSCAPE MAINTENANCE All landscaping with in the residential boundaries of Cadanera, including the common areas, street trees, lighting, and irrigation systems, shall be maintained by the private Homeowner's Association. 6.10 PEDESTRIAN LINKAGES (STREET AND WALKWAYS) Pedestrian pathways are organized to promote hierarchy of circulation relative to location and use. Theses circulation paths lead users to front doors of the residence. A 4' sidewalk shall be provided adjacent to the curb and flanked by a planting area that provides ample grow space for trees and enhanced landscaping. These walks are to be specified as con- crete. • Pedestrian walkways shall be clearly marked where they cross vehicular drives and roadways. Cadanera VI. Landscape Design Standards & Guidelines Specific Plan September 2013 43 6.11 PLANT PALETTE The following legend gives reference to possible species used for specific conditions shown on specific plan exhibits (i.e. Large accent tree). Other drought tolerant trees and shrubs shall be permitted; this is only a sample of drought tolerant planting that could be used. Aloe 'Blue Elf' Agapanthus `Tinkerbell' Bougainvillea rosenka Carissa 'Green Carpet' (Natal Plum) Carpenteria californica (Bush Anemone) Erigeron karvinskianus (Santa Barbara Daisy) Hemerocallis aurantiaca (Day Lily) Lantana 'Gold Rush' Liriope muscari (Big Blue Lily Turf) Liriope spicata 'Silver Dragon' Leucophyllum frutescens (Texas Ranger) Mahonia aquifolia (Oregon Grape) Mahonia lomarifolia Mahonia repens (Creeping Mahonia) Nandina domestica (Heavenly Bamboo) Rhapiolepsis ballerina 'Canyon Pink' Teucrium chamaedrys (Germander) Trachelospermum jasminiodes (Star Jasmine) Westringia 'Morning Light' (Coast Rosemary) Cadanera VI. Landscape Design Standards & Guidelines Specific Plan September 2013 44 : -.4: • I- I- 111111 / 11 1 _. I i I k: • -id qvilel I/ / • !i • • • Lit; 4/;_';,LI • .;11.•,4‘. -.'!!! • , 4,! • [Ti .17-1 - I !!••••ri:_-it,i1 1:•P 117-1 ;;•1: _1st?, ..! _ ;•:,!, „ 1.[L,11.1 •:',;;•.!; • I I I I II 11111111 1!I • 11 Conceptual Landscape & Wall Plan Front Elevation of Entry . • , EXHIBIT-13 Cadanera Specific Plan September 2013 45 VI. Landscape Design Standards & Guidelines - I - i I I Plan View of Entry • 111.. In. 10. 1.1,111. • 11 If J, 1 !- '' — -4 i , uni 11111 1. • .1 Entry Signage II Section thru Entry Signage 6' High Solid Vinyl Fence 6' High Open Vinyl Fence iii iii I n•• .1.1 II, 111,1" -..,111111.1:1 .•.111 11111- / 3 Proposed Entry Monument & Wall Details L.0 CO lEXHIBIT - 14 Cadanera VI. Landscape Design Standards & Guidelines Specific Plan September 2013 46 Lark Ellen Avenue Street Scene IDCHIBIT - 15 Cadanera VI. Landscape Design Standards & Guidelines Specific Plan September 2013 47 Signage 7.1 SIGNS The sign regulations shall apply to the entire residential component of Cadanera. The sign program for the project shall be intended to provide tasteful, consistent signage within the project. 7.1.1 SIGNAGE DESIGN GUIDELINES The residential addresses shall be displayed as backlit numbers. Exhibit 14 (page 42) is a graphic representation of what the entry monument could look like. The entry monument shall be constructed per the construction documents submitted. The street signage shall be mounted onto poles in the appropriate locations; preferably mounted to stop sign or light poles where permitted. Cadan era VII. Signage Specific Plan September 2013 48 Infrastructure, Utilities and Public Services 8.1 PURPOSE AND INTENT The purpose of this chapter is to identify the infrastructure, utilities and public services required to serve the Cadanera Specific Plan. Any development within the specific plan area shall pay it's fair share of traffic mitigation measures required by the traffic study. The following exhibits and text shall discuss infrastructure improvements for vehicle circulation, grading, storm drain, sewer, water, utilities, public services, perimeter security, site access and subdivision of the property. 8.2 VEHICLE CIRCULATION The tentative tract map (Exhibit 17) shows access and required improvements along Lark Ellen Avenue as well as the onsite 25' wide private driveways for internal circulation throughout the project. A 48' radius cul-de-sac is proposed at the end of the private driveway to serve the site and provide for Fire Department turnaround. Proposed entry gate will be designed to comply with City of West Covina standards. 8.3 GRADING Proposed grading of the site is intended to comply with City of West Covina requirements. Site development includes retaining walls and fences along Walnut Creek on the northerly property boundary that do not exceed 4' in height with a view fence. All walls and yard fences will comply with City of West Covina requirements. The site generally drains from east to west. 8.4 STANDARD URBAN STORMWATER MITIGATION PLAN (SUSMP) The Standard Urban Stormwater Mitigation Plan was developed as part of the municipal stormwater program to address stormwater pollution from new developments and redevelopment projects. The proposed site improvements are intended to comply with the City of West Covina and County of Los Angeles' water quality Standard Urban Stormwater Mitigation Plan requirements and shall include an infiltration device to clean the stormwater first flush before discharging from the project. 8.5 STORM DRAIN PLAN A private storm drain system located within the driveway is proposed to discharge onto Lark Ellen Avenue. Onsite flows shall be treated prior to discharging from the site. The tentative tract map (Exhibit 16) shows the proposed storm drain improvements and location of the proposed infiltration device. Cadanera VIII. Infrastructure, Utilities, and Public Services Specific Plan September 2013 49 8.6 SEWER PLAN Sewer service for the project shall be provided through the City of West Covina. The project shall convey sewage through onsite 8" PVC sewer lines and 4" PVC laterals which shall tie into the existing sewer main line within Lark Ellen Avenue. The tentative tract map (Exhibit 17) shows the layout of the proposed sewer improvements. 8.7 WATER PLAN Suburban Water shall provide water to serve the project. The onsite water system shall be a minimum 8" water line that shall provide both domestic and fire service to the site. The tentative tract map (Exhibit 16) shows the layout of the proposed water improvements. 8.8 UTILITIES A. Electricity: Southern California Edison (SCE) shall provide electric service to the project area and shall extend service to the project in accordance with rules and policies for extension of service on file with the California Public Utilities Commission. B. Natural Gas: The Southern California Gas Company shall provide natural gas service to the project at the time contractual arrangements are made in accordance with Gas Company policies and extension rules and policies for extension of service on file with the California Public Utilities Commission. C. Telephone Service: Verizon provides telephone service to the project area and shall extend service to the project in accordance with extension rules and policies for extension of service on file with the California Public Utilities Commission. D. Cable TV: Charter Communications provides cable service within the City of West Covina and shall provide service at the time contractual arrangements are made. E. Internet Access: Both Verizon or Charter Communications offer Internet service within the project area and shall provide service at the time contractual arrangements are made. F. Solid Waste: Athens Services shall provide solid waste collection service for the project. The resident trash bins shall be wheeled out from their designated space within the garage to the curb or driveway apron on trash collection day. 8.9 PUBLIC SERVICES A. Fire: Fire protection services shall be provided by the City of West Covina Fire Department. Fire Station #1, located at 819 South Sunset Avenue, is the closest station in proximity to the site. The Mitigated Negative Declaration for the project (once completed) shall provide adequate fire protection service for the project pursuant to Section 1.4 of this document. Cadanera VIII. Infrastructure, Utilities, and Public Services Specific Plan September 2013 50 B. Police: The City of West Covina Police Department shall be responsible for public safety and general law enforcement within the city, including patrol services, traffic enforcement and criminal investigations. The Mitigated Negative Declaration for the project shall provide adequate police service for the project pursuant to Section 1.4 of this document. C. Schools: School services will be provided by the West Covina Unified School District. The following schools will serve the project: Cameron Elementary School, Edgewood Middle School and West Covina High School. Pursuant to Government Code Section 65995, the project will be required to offset impacts to the school system by paying a mandatory fee per square foot. D. Public Library: The West Covina Library is part of the County of Los Angeles Public Library and is located near City Hall; at 1601 West Covina Parkway. E. Community & Recreation: The City of West Covina Community Services Department manages park facilities and provides recreation programs to City residents. Currently, there are 12 developed neighborhood parks and five developed community parks that have a total of 122 and 77 acres of park space, respectively. 8.10 SUBDIVISION Tentative Tract Map 72320 (Exhibit 16) proposes 45 single family residential lots (Lots 1 - 45) and 6 open space/driveway lots (Lots A - F) serving the project that will be maintained by a Home Owners Association. Cadanera VIII. Infrastructure, Utilities, and Public Services Specific Plan September 2013 51 IACRCD .„ /3/441,1117/.410 1. LARKWOOD STREET I I n smIN 114.17+1 la et ler wa.r Sr•Va - GENERAL NOTED 1 LEGELID: 1 .19t IS,LIN a ....we, ••TR san. (33.4 YAll ni.9.1. atga "ertl" b"rIller o in, RTA1237.P112;211, 11.1 PROJECT DATA: 17:111,FSHATI•EZ WAT,M9V41.11= I rtt-•:. SECTON FXHIBIT -16 VIII. Infrastructure, Utilities and Public Services DEVELOPER: • sac ADDRESS: • :in.= SGLE1,413. LESM. DESCRIPTION - 1ERM1,-.M7644 ASSESSOR 5 FARCE,. Mk :22:00V,10: MAJOR LAND DIVISION TENTATIVE TRACT MAP No. 7232o MECITYO•vaST Mark COMM OROS ANGELFS.S7A7E Of CAISOM11, Cadanera Specific Plan September 2013 52 SERVICe - • - - AVENUE 1 : B & E ENGINEERS "14,1111:1,,Z%0 Int =T. 6,6 t.1 ounIca, r Tentative Tract Map Implementation and Administration 9.1 INFRASTRUCTURE AND PUBLIC SERVICE FINANCING Pursuant to the California Government Code, Section 65451(a) (4), the following describes the financing measures or programs necessary to finance the infrastructure and service requirements to support the Cadanera Specific Plan. A. Infrastructure: All private infrastructure improvements shall be funded entirely by the developer of the project. Public improvements shall be conditioned to be completed by the developer as determined appropriate by the City. The developer shall pay any applicable fees to the City of West Covina or other agencies if required for connection and/or capacity expansion fees (or other similar fees). The City of West Covina shall ensure and the Developer shall install adequate facilities available to serve the project prior to the issuance of an occupancy permit for any portion of the project consistent with the phasing policies described in Section 3.1 and Exhibit 6. B. Public Services: Consistent with the City of West Covina's requirements or mitigation measures identified in the Mitigated Negative Declaration, the project developer shall be required to pay fees or contribute to public service facilities on a pro rata share based on the project impacts to public services. Confirmation that the project has met it's fair share contribution to public services shall be required prior to the issuance of a building permit or occupancy permit, as determined by the Public Works Director. 9.2 APPLICATION PROCESSING At the time of the adoption of the Cadanera Specific Plan, concurrent applications shall be approved for overall site development through General Plan Amendment, Zone Change and Tentative Tract Map. The Application Processing Section is intended to provide the regulatory framework for any subsequent entitlements that shall be required and that is consistent with the West Covina Municipal Code. All other ordinances and sections of the City of West Covina Municipal Code shall also apply, unless such standards are inconsistent with the provisions of the Cadanera Specific Plan in which case the Specific Plan shall apply. 9.3 SPECIFIC PLAN MODIFICATIONS / MINOR ADJUSTMENTS In order to provide flexibility to the project review process, the Planning Department, without a public hearing, may approve through a Planning Director's Modification any minor adjustments to the project of a development standard for yards, setbacks and its architecture. 9.4 INTERPRETATION The Planning Director of the City of West Covina, or their designee, shall have the responsibility to interpret the provisions of the Cadanera Specific Plan. Cadanera Specific Plan September 2013 53 VIIII. Implementation and Administration EXHIBIT B ZONE CHANGE NO. 13-03 Change the zoning from "Single Family Residential" to Specific Plan No. 27 (Cadanera) ZACase Files\TRACT MAP\2013\72320 520 S Lark Ellen Ave 45 Unit\CC\ZC Exhibit B.doc ATTACHMENT 3 AGENDA •ITEM NO. 2 DATE: October 22, 2013 PLANNING DEPARTMENT STAFF REPORT ZONE CHANGE NO. 13-03 TENTATIVE TRACT. MAP NO. 72320 TREE REMOVAL PERMIT NO. 13-05 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Jay Deckard and Phil Becena, Warmington Residential LOCATION: 502 and 520 South Lark Ellen Avenue (Formerly St. Martha's Episcopal Church) I. DESCRIPTION OF APPLICATION Applicant proposes the construction of 45 single-family homes on a 5.7-acre property. The houses would be comprised of three-bedroom homes that will each include two driveway parking spaces and two garage spaces. A total of 204 parking spaces would be provided. Access to the site would be provided via a gated entrance on Lark Ellen Avenue. Staff is recommending approval of the construction of 45 single-family homes. ZACase Files\TRACT MAP\2013\72320 520 S Lark Ellen Ave 45 Unit\PC \Staff Report.doc ZC 13-03, TIM 72320, TRP 13-05 502 and 520 South Lark Ellen Avenue— Cadanera Specific Plan October 22, 2013 - Page 2 IL BACKGROUND The project site consists of St. Martha's Episcopal Church parcel that contains a church, parish hall, classroom building, office building, modular building, parking area, and basketball court. The site was developed between 1958 and 1985. The second parcel located in the northwest portion of the project site is the Dove Day School/Preschool and residence. The parcel contains a residence, three buildings, and a playground. The Dove residence was developed in 1954 and the day school was built in 1965 and expanded several times in 1971, 1978, and 1986. These buildings are vacant and will be demolished to accommodate the proposed development. A grass field, playground, and basketball courts will also be removed. The site contains trees that would be removed as part of the proposed project. A tree survey submitted by the applicant states that the trees at the site are olive, windmill palm, fruitless mulberry, bald cypress, walnut, carrotwood, jacaranda, California Sycamore, blue gum, camphor, Indian laurel fig, and evergreen ash. Two of these trees are located within the front yard setback of the project and are not on the City's list of protected trees. The California Sycamore is a significant tree as defined in the Municipal Code. Therefore, the applicant has submitted a tree permit to remove these trees. The applicant held a connnunity meeting on April 27, 2013, to inform the surrounding neighbors of their proposal to construct a single-family residential development. ITEM DESCRIPTION ZONING AND GENERAL PLAN "Single-Family Residential" (R-1) and Residential Low Medium SURROUNDING LAND USES AND ZONING North: Walnut Creek Wash and "Single-Family Residential" (R-1); single-family houses and South Hills Church of Christ South: "Single-Family Residential" (R-1) single-family houses East: "Single-Family Residential" (R-1) and "Multi- Family Residential" (MF- 20); Single-family houses and multi-family units West: "Single-Family Residential" (R-1) single-family houses CURRENT DEVELOPMENT St. Martha's Episcopal Church, Dove Day School/Preschool and residence 502 and 520 South Lark Ellen Avenue LEGAL NOTICE Legal notice was published in the San Gabriel Valley Tribune, posted at City Hall, the library, and Police Department, and was mailed to 224 owners and occupants of properties located within 300 feet of the subject site. ZACase Files\TRACT MAP \2013 \72320 520 S Lark Ellen Ave 45 Unit\ PC\Staff Report.doc ZC 13-03, TIM 72320, TRP 13-05 502 and 520 South Lark Ellen Avenue— Cadanera Specific Plan October 22, 2013 - Page 3 III. SUMMARY OF DATA STANDARD EXISTING PROPOSED REQUIREMENTS OF SPECIFIC PLAN AREA DISTRICT IIA Site Area 5.7 Acres 2.31 Acres 1.0 Acre (Minimum) N/A Density -- 7.9 Units Per Acre -- 4.1-8.0 Units Per Acre (Zoning Code) Lot Size Minimum Maximum Average -- 2,805 SF 9,657 SF 3,743 SF 2,800 SF -- 9,450 SF -- Setbacks: Front Side Distance Between Buildings Rear Rear Setback for Patio Cover -- -- -- -- -- 10 Feet 4 Feet 8 Feet 10 Feet 3 Feet 10 Feet 4 Feet 8 Feet 10 Feet 3 Feet 25 Feet 5 Feet 10 Feet 25 Feet 5 Feet Lot Coverage -- 60 Percent 60 Percent 35 Percent Building Height -- 25 Feet 25 Feet 25 Feet Parking Guest Parking -- -- 2 Covered and 2 Uncovered Parking Spaces per Unit 0.5 Parking 2 Covered and 2 Uncovered Parking Spaces per Unit 24 Street Parking 2 Covered and 2 Uncovered Parking Spaces per Unit ZACase Files\TRACT MAP \2013\72320 520 S Lark Ellen Ave 45 Unit\PC\Staff Report.doc ZC 13-03, TIM 72320, TRP 13-05 502 and 520 South Lark Ellen Avenue— Cadanera Specific Plan October 22, 2013 - Page 4 Space Per Unit Spaces (Private Street) N/A Unit Sizes (including garage) -- 2,097 SF 2,167 SF 2,470 SF N/A 1,100 SF IV. PROJECT DESCRIPTION AND ANALYSIS The applicant is requesting the approval of a residential development project comprised of 45 single-family units. The project proposes to demolish the existing buildings (St. Martha's Episcopal Church and Dove Day School). A Specific Plan is being proposed in conjunction with the project that would provide building design and development standards to govern the development. The applicant's request consists of the following entitlements: 1) Zone Change from "Single-Family Residential" (R-1) to "Specific Plan 26" (SP-26); 2) A Tentative Tract Map to subdivide the 5.7-acre site into 56 lots of which 45 are single- family lots and six common lots for streets and open space. The proposed lots range between 2,805 and 9,657 square feet in size. 3) A Tree Removal Permit to remove a California Sycamore and two other trees within the front setback to allow for the grading and construction of the project The subject property is located in an urbanized area and is approximately 0.5 miles south of the Interstate 10 (San Bernardino) Freeway. The site is bounded by the Walnut Creek Wash, single-family homes and a church (South Hills Church of Christ) to the north, single and multi-family residences to the east, single-family residences to the south along Larkwood Street and to the west across Lark Ellen Avenue. General Plan The site currently has a General Plan Land Use Designation of "Residential Low Medium." This designation allows up to eight units per acre. As the proposed project is less than eight units per acre, the proposal is in compliance with the General Plan. Therefore, a General Plan Amendment is not required. ZACase Files\TRACT MAP \2013 \72320 520 S Lark Ellen Ave 45 Unit\PC\Staff Report.doc ZC 13-03, TTM 72320, TRP 13-05 502 and 520 South Lark Ellen Avenue— Cadanera Specific Plan October 22, 2013- Page 5 Zone Change The subject property is zoned "Single-Family Residential (R-1)" Area District EA. This zoning classification allows for residential development with a minimum lot size of 9,450 square feet. Development with lots at the minimum lot size would allow for 4.6-units per acre. The table in Section III of the staff report compares the applicant's development standards to the City's standards for Area District IIA. The City of West Covina is a built-out city. Most projects in the future will consist of infill projects through lot consolidation or conversion of uses. In this case the applicant proposes to change the former church and day school and residence use to a 45-unit single-family residential development. Therefore, the applicant is requesting to change the current zoning to Specific Plan 26 to adopt different standards to guide development of tho site. A Specific Plan is a planning document allowed by state law as a means of implementing the City's General Plan that focuses on the physical development of a neighborhood, district, or other area. A Specific Plan identifies policies and actions that support and facilitate desired development within the project area. The applicant is proposing the Cadanera Specific Plan to allow for the development of the project. Specific Plan development standards are indicated in the Summary of Data. The Specific Plan text is part of Attachment 2. Tentative Tract Map The tentative tract map proposes to subdivide the 5.7-acre site into 45 single-family lots. The remaining six lots would accommodate a private street and other common areas such as a recreational area in the central portion of the project site. Access to the lots within the subdivision would be provided through a private street with access via a gated entrance on Lark Ellen Avenue. An unnamed private street would run parallel with Lark Ellen Avenue and provide access to 10 lots. The main private street would continue through the project site, curve around the proposed park, and continue to the east end of the project site with three spurs providing access to the lots along the route. A cul-de-sac would be provided near the east end of the project site and would provide a vehicle turn around. The project site has approximately 310 feet of frontage on Lark Ellen Avenue. The City's Master Plan of Streets designates Lark Ellen Avenue as a "Minor Arterial" (four-lane, 80- foot wide right-of-way). Conditions of approval have been included in the resolution requiring the applicant to underground all utilities and construct sidewalk with trees along Lark Ellen Avenue as directed by the City, and to reconstruct all damaged concrete curbs, gutter per City Standard. ZACase Files\TRACT MAP \2013\72320 520 S Lark Ellen Ave 45 Unit\PC\Staff Report.doc ZC 13-03, TIM 72320, TRP 13-05 502 and 520 South Lark Ellen Avenue— Cadanera Specific Plan October 22, 2013 - Page 6 Project Layout and Architecture The subject property is triangular in shape with frontage and road access on Lark Ellen Avenue. The proposed project would be a gated development. The applicant has designed the project to comply with the City's standards for security gates by providing a 25-foot driving aisle (to meet the Fire Department access requirements), a turn-around space and a pedestrian gate. The 25-foot wide private street within the development will accommodate up to 24 on-street parking spaces throughout the site, which will serve as guest parking. The mailboxes for the dwelling unit§ will be located on the easterly end of the cul-de-sac of the project. An open space located in the center of the site will provide a play structure, barbeque grills, picnic tables with shade Structures, benches, and an open turf area directly east of the picnic area for the enjoyment of the residents within the development. A decorative perimeter wall will be constructed along Lark Ellen Avenue. The wall will be a stucco block wall that will be six feet in height. The wall incorporates decorative stucco- faced pilasters with a precast pilaster cap. The pilasters at the entrance will be designed wider with decorative precast concrete wall caps to clearly identify the entrance to the development. In addition, an entry monument wall within the landscape planter will provide a surface to accommodate a sign with the name of the project, "Cadanera". The perimeter wall along Lark Ellen Avenue will also provide a 15-foot wide landscape area to soften the wall and enhance the overall design. The project includes a six-foot tall solid vinyl fence along all interior side yards and the entire southern boundary of the development. Along the northern boundary of the development area abutting the Walnut Creek Wash the proposal is for a three-foot tall combination decorative stucco block wall and three-foot open vinyl fence with a maximum height of six feet. The dwelling units would be two story with an attached two-car garage. All units are designed to provide a total of four parking spaces. Two covered parking spaces will be provided in an enclosed attached garage and two uncovered parking spaces on the driveway. In addition, a refuse area will be provided within the garage to store trash containers for each of the units. The proposed residential units include tankless water heaters in the garage. Tankless water heaters generally are attached to the wall and take very little room and therefore do not diminish the ability to park a vehicle in the garage. Air conditioner units will be located in the rear yard areas. ZACase Files\TRACT MAP \2013\72320 520 S Lark Ellen Ave 45 Unit\PC\Staff Report.doc ZC 13-03, TTM 72320, TRP 13-05 502 and 520 South Lark Ellen Avenue— Cadanera Specific Plan October 22, 2013 - Page 7 Proposed Side Yard Concept The proposed Specific Plan would establish the development standards that are summarized in the Summary of Data above. Historically, when Specific Plan developments are proposed, the Planning Department has recommended consistent minimum development standards. A chart summarizing development standards of other approved projects is attached from 2000 to present (Attachment 4). In discussions with the applicant, staff has recommended the following development standards be met. • Front Yard Setback of 10 feet • Side Yard Setbacks of 5 feet • Rear Yard Setback of 15 feet to habitable structures • Driveways length of 20 feet. As indicated by the attachment, the Planning Commission or City Council has sometimes approved standards less than recommended. The last two tract map projects for single- family units, Sunset Walk and the Brandywine project on Valinda Avenue, have included creative side yard setback concepts. There are also properties in the Woodside Village area that have been developed with a zero lot line. In addition there has been some variety in the standards approved for front yards, rear yards and driveway length. Staff is providing this information to provide a basis of comparison. Side Yard Setback The applicant is proposing the four-foot side yard setback as the standard in the Specific Plan and has designed the development with an eight-foot building separation utilizing the perceived zero lot line concept. In the proposed development seven of the proposed lots include at least a five-foot or greater side yard. The remaining houses are therefore, separated by eight feet. This eight-foot separation would be utilized by 38 of the properties, with the opposing property granting easement rights. This concept allows for homes to be constructed so that eaves extend over perceived property lines. The location of the walls will give the impression that there is a zero lot line between properties. However, the actual property line will be the midpoint between the two units. It is at the discretion of the Planning Commission to approve all setbacks as a part of the Specific Plan approval. Therefore, the Planning Commission can approve the proposed side yard setback utilizing the perceived zero lot line concept. Front Yard Setback Staff generally recommends a 10-foot fi -ont setback. The proposed houses provide open front porches. On four of the lots, the front porch is setback four feet from the front property line. On the remainder of the lots, the front porch is setback .approximately nine feet. ZACase Files\TRACT MAP \2013\72320 520 S Lark Ellen Ave 45 Unit\PC\Staff Report.doc ZC 13-03, TTM 72320, TRP 13-05 502 and 520 South Lark Ellen Avenue— Cadanera Specific Plan October 22, 2013 - Page 8 Rear Yard Setback The Specific Plan indicates a rear setback of 10 feet. One lot, Lot 22, is designed with an eight-foot, six-inch rear yard setback. Of the remaining lots, 19 have setbacks in excess of 18 feet. Driveway Length All but three of the lots (Lots 22, 24, 25) include a driveway length of 20 feet. The lots are located on the north side of the proposed cul-de-sac and due to the irregular shape, and irregular front property line, the applicant is therefore proposing an 18-foot, 1-inch minimum driveway length for those three lots. This will allow the applicant to develop the lots while still complying with the proposed Specific Plan development standards. Phasing The submitted plans indicate that the project will be completed in seven phases. The following indicates the proposed phases: Project Phasing: Phase One • Construction of three model homes located on the northwesterly corner of the site, • Completion of onsite and offsite improvements including perimeter fencing, improvements along Lark Ellen (interior streets will be completed prior to completion of the model homes). Phase Two • Construction of lots 38 through 45 located on the southwesterly corner of the site. Phase Three • Construction of lots 7 through 12 located in the northwest area of the site. Phase Four • Construction of lots 13 through 15 and 33 through 37 located in the northerly and southerly center of the site. Phase Five • Construction of lots 16 through 19 and 29 through 32 located north and southeasterly portion of the property. ZACase Files\TRACT MAP \2013\72320 520 S Lark Ellen Ave 45 Unit\PC\Staff Report.doc ZC 13-03, TTM 72320, TRP 13-05 502 and 520 South Lark Ellen Avenue— Cadanera Specific Plan October 22,2013 - Page 9 Phase Six a Construction of lots 20 through 28 located in the eastern most portion of the property. Phase Seven • Construction of lots 4 through 6 located in the northwest portion of the site and installation of the security gate. The applicant estimates that the construction of the project would take approximately one year. Architecture The project proposes three plans and two architectural design types — Californian and Spanish. Both designs incorporate a roof pitch design of hip or gable. The roof will provide a maximum roof overhang of 12 inches. The roof materials will consist of concrete barrel tile and flat composite tile. The exterior elevations will consist of sand finish stucco. The buildings would feature architectural details such as Spanish-style clay piping, decorative wrought iron planters on the second story, decorative revival dormers, and quatrefoil windows. All windows will be enhanced by foam stucco or wood trim. The front elevations will incorporate stone fascia, hardy plank siding and window shutters to break up the mass and provide a more interesting design. In addition, the front elevation provides a small front porch or covered entry area. The color scheme for the units are a variation of beige, brown and other earth tone colors. The proposal also includes enhanced privacy features for all the homes along the southerly property line. The applicant has designed the side elevation on each home facing the southerly property line with ornamental opaque fixed windows or shutters to provide a greater amount of privacy for the houses and the rear yard areas for the houses on Larkwood Street. The project proposes three floor plans. Plan 1 would consist of a total square footage of 2,097 square feet, including an attached 400-square foot garage. The first floor would provide 764 square feet of habitable space. The interior layout of the first floor would provide an entry area, a den, living room, bathroom, dining room and kitchen. The second floor would provide approximately 933 square feet, that includes a master bedroom with a bathroom, two additional bedrooms and an additional bathroom and a laundry room. Plan 2 would provide a total square footage of 2,167, including an attached 400-square foot garage. The first floor would provide 746 square feet of habitable space. The interior layout of the first floor would provide an entry area, bathroom, den, living room, dining room and kitchen. The second floor would provide approximately 1,021 square feet that includes a master bedroom with a bathroom, two additional bedrooms with a bathroom, and laundry room. ZACase Files\TRACT MAP \2013 \72320 520 S Lark Ellen Ave 45 Unit\PC\ Staff Report.doc ZC 13-03, TIM 72320, TRP 13-05 502 and 520 South Lark Ellen Avenue — Cadanera Specific Plan October 22, 2013 - Page 10 Plan 3 is larger and it would provide a total square footage of 2,470, including an attached 400-square foot garage. The first floor would provide 871 square feet of habitable space. The interior layout of the first floor would provide an entry area, den, bathroom, living room, dining room and kitchen. The second floor would provide approximately 1,199 square feet that includes a master bedroom with a bathroom, two additional bedrooms with a bathroom, a loft that could become an additional bedroom and laundry room. Landscaping Low water use landscaping will be utilized to conserve water and reduce operating costs. Trees and shrubs will be organized by primary function (i.e., street tree, streetscape, entry specimen trees, accent trees, screening trees, etc.). Landscape areas include a 7,761-square foot common open space in the center of the property, 4,115 square feet of landscaping along the front of the site (Lark Ellen Avenue), a landscaped median at the driveway entry, a landscape area north and south of the driveway entry and a 2,083-square foot landscape area on the southeasterly side of the exterior of the cul-de-sac. A hedge (applicant refers to it as "Ligustrum Texanum/Edge Screening") is proposed along the southeasterly property line along Lots 27, 28, and F, in an attempt to provide privacy to the single-family houses on Larkwood Street. Hedges are proposed in areas where screening is appropriate such as adjacent to the common open spaces and on either side of the entry driveway. The proposed project also includes trees, which also have the potential to grow to heights in excess of 30 feet and buffer views from existing residences to the south and east. A condition of approval has been included in the Tract Map Resolution requiring that the Homeowner's Association (HOA) ensure that the proposed trees throughout the site are preserved and maintained over time. A final landscape and irrigation plan are required per the conditions of approval. Tree Removal Permit The project requires the approval of a tree removal permit. The permit is required as there are two Jacaranda trees in the front yard setback that are greater than one foot in diameter. Additionally, there is a California Sycamore tree on the property. Any tree greater than one foot in diameter and located in the front yard setback is classified as significant tree. Sycamore trees (as well as Oak trees) are classified as significant trees, no matter where they are located. A condition of approval has been included in the tract map resolution requiring the replacement of these trees at a 2 to 1 ratio and with 36-inch box trees. ZACase Files\TRACT MAP\2013\72320 520 S Lark Ellen Ave 45 Unit\PC\ Staff Report.doc ZC 13-03, TTM 72320, TRP 13-05 502 and 520. Smith Lark Ellen Avenue — Cadanera Specific Plan October 22, 2013 -Page 11 Conclusion The subject property has been utilized for religious purposes and as a day care for several decades. The subject property is primarily surrounded by single-family residences, but is also adjacent to a religious use and multiple-family residences. The use that is most compatible with the surrounding uses is therefore a single-family use. The proposed project is in compliance with the General Plan Land Use Designation and density. Therefore, a General Plan Amendment is not required. The density of the development is consistent with the sun -ounding single-family properties. The proposed zone change would change the zoning to a Specific Plan, allowing the lots to be developed with smaller lot sizes. The applicant has designed the residential units to reduce privacy impacts to the neighboring properties by providing landscape buffers and opaque windows on the second story windows in specific locations. The applicant is providing common open space areas for the benefit of the project residents. Lastly the applicant is providing 4.5 parking spaces per unit. While the proposal for the subject property will be different than the previous use of the property, the proposed single-family development is consistent and compatible with the surrounding uses. V. ENVIRONMENTAL DETERMINATION The initial study prepared for the project disclosed that the project will not have a significant impact on the environment. Mitigation measures have been incorporated into the project's design and as conditions of approval to reduce impacts on the environment to a less than significant level. A Mitigated Negative Declaration of Environmental Impact (MND) has been prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. ZACase Files\TRACT MAP\2013\72320 520 S Lark Ellen Ave 45 Unit\POStaff Repoitdoc ZC 13-03, TTM 72320, TRP 13-05 502 and 520 South Lark Ellen Avenue— Cadanera Specific Plan October 22, 2013 - Page 12 Traffic A traffic study prepared by KOA Corporation (July, 2013) was submitted for the project to assess potential traffic impacts. In order to evaluate the potential impacts to the local street system, seven intersections were analyzed. The intersections studied included: 1. South Lark Ellen Avenue / South Garvey Avenue 2. South Lark Ellen Avenue / Stuart Avenue 3. Glendora Avenue / West Covina Parkway-Valinda Avenue 4. Valinda Avenue / Service Avenue 5. South Lark Ellen Avenue / Service Avenue (T-intersection with west leg) unsignalized intersection, two-way stop controlled. 6. South Lark Ellen Avenue / Cameron Avenue 7. Azusa Avenue / Cameron Avenue The findings of the traffic study indicate that the proposed 45-unit single-family residential project would generate approximately 34 a.m. peak hour trips and 45 p.m. peak hour trips. The project would add 428 daily trips onto the street system. The current volume of traffic on South Lark Ellen Avenue is 2,516 trips daily. The increase of 63 trips represents a 2.5 percent increase. The study indicates that the proposed project will not create a significant traffic impact at any of the seven study intersections. Air Quality According to the Air Quality Study prepared by Impact Sciences, the construction and operation emissions are below significant regional thresholds. The cumulative short-term, construction-related emissions and long-term, operational emissions from the project will not contribute considerably to any potential cumulative air quality impact because short- term project and operational emissions will not exceed any SCAQMD daily threshold with the incorporation of mitigations measures. The project will require asphalt surface removal, grading and construction, which creates the potential for the generation of fugitive dusts (particulates), which may impact the surrounding properties. Mitigation measures are required to include wetting down soils, chemical stabilization of unattended construction areas, planting vegetative ground cover as soon as possible on construction sites, and physically covering all trucks hauling dirt, sand, or other loose materials to and from the site. ZACase Files\TRACT MAP \2013\72320 520 S Lark Ellen Ave 45 Unit\PC\Staff Report.doc ZC 13-03, TTM 72320, TRP 13-05 502 and 520 South Lark Ellen Avenue— Cadanera Specific Plan October 22, 2013 - Page 13 VI. STAFF RECOMMENDATION Staff recommends that the Planning Commission adopt resolutions recommending approval to the City Council of Zone Change No. 13-03 and certifying the Mitigated Negative Declaration of Environmental Impact, and also adopting a resolution approving Tentative Tract Map No. 72320 and Tree Removal Pennit No. 13-05. REVIEWED AND APPROVED: JiffAnderson, AICP Planning Director Attachments: Attachment 1 - Mitigated Negative Declaration Resolution Attachment 2 — Zone Change Resolution Attachment 3 — Tentative Tract Map Resolution Attachment 4 — Specific Plan Comparison Chart Z:\Case Files\TRACT MAP \2013 \72320 520 S Lark Ellen Ave 45 Unit\PC\ Staff Report.doc Adopted 11/12/13 ATTACHMENT 4 AGENDA DATE: November 12 2013 ITEM NO.: 1 MINUTES REGULAR MEETING OF THE PLANNING COMMISSION CITY OF WEST COVINA Tuesday, October 22, 2013 The regular meeting of the Planning Commission was called to order at 7:00 p.m. in the West Covina Council Chambers. Commissioner Castellanos led the Pledge of Allegiance and the Commission observed a moment of silence. ROLL CALL Present: Blackburn, Castellanos, Menefee and Valles Absent: Holtz City Staff Present: Anderson, Lam, Wong, Garcia and Hernandez APPROVAL OF MINUTES: 1. Regular meeting, September 24, 2013 — The minutes were approved as presented. OTHER MATTERS OR ORAL COMMUNICATIONS None CONSENT CALENDAR None PUBLIC HEARINGS 2. ZONE CHANGE NO. 13-33 TENTATIVE TRACT MAP NO. 72320 TREE REMOVAL PERMIT NO. 13-05 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Warmington Residential California LOCATION: 502 and 520 South Lark Ellen Avenue (formerly St. Martha's Episcopal Church) REQUEST: Construction of 45 single-family homes and open space on a 5.7 acre property. The houses would be comprised of three-bedroom homes that include two driveway parking spaces and two garage spaces. A total of 204 parking spaces would be provided. Access ZAPLANCOMNINUTES\2013 MINUTES\10.22.13 minutes.doc Planning Commission Minutes Page 2— October 22, 2013 to the site would be provided via a gated entrance on Lark Ellen Avenue. Associate Planner Ron Garcia presented the staff report. Vice Chairman Menefee opened the public hearing. PROPONENTS: Phil Bacerra, (applicant), Jason Ficht, Director of Planning with JZMK Partners, Jackie Dunn, Susan Dunn, Ted Forbath, Sandra Austin and Ray Amantour spoke in favor of the project. Mr. Bacerra spoke to the Commission regarding the efforts and neighborhood meeting that was held in April, 2013 with residents in the area. He added that some of the suggestions made by the residents had been incorporated into the project. He also spoke about the historical resources report written by Susan Davis. Mr. Ficht presented a video of the proposed project for the Commission. Commissioner Blackburn asked when the project would begin. Commissioner Castellanos asked about Warmington's contact with the residents in the area, and Commissioner Valles commented that she was present at the meeting in April and the main concern voiced was the second story windows in the proposed homes. Commissioner Valles also commented that residents were also concerned with traffic, and a traffic study was completed. There was also a short discussion regarding the opaque windows on the second floor of the houses closest to the existing single- family neighborhood. Ms. Jackie Dunn spoke regarding the benefits of relocating Dove Day School. She also said that the traffic generated by St. Martha's Church and Dove Day School would be comparable to the traffic generated by proposed development. Ms. Sue Dunn, owner of Dove Day School spoke in favor of the project and added that St. Martha's Church would not be returning to West Covina. Ms. Austin spoke in favor of the residential development saying she prefers to see families living on the property. Mr. Forbath read a letter into the record from the Bishop of Los Angeles John J. Bruno regarding the reasons why St. Martha's Church was closed and said the congregation had merged with Holy Trinity Church nearby due to the age of the building, and the cost of necessary repairs. Mr. Amantour, former member of St. Martha's Church, said that the building is beyond repair and preservation of the building wasn't possible. He also expressed his opinion that this project will enhance the area. ZAPLANCOMM1NUTES\2013 MINUTES\10.22.13 minutes.doc Planning Commission Minutes Page 3 — October 22, 2013 OPPONENTS: Jerry West, David Schwartz, Sharon Anderson, Kyle Dawson, Paula Stefanko, Marcello Vavala and David Morel spoke in opposition. Mr. West said he would prefer 20 single story homes on that lot that would blend in with the existing neighborhood. He also submitted a petition to the Commission to downsize the number of homes in the project. In addition, he expressed his concern with the validity of the traffic study because it was conducted in July. Mr. Schwartz expressed his agreement with Mr. West's comments. He also expressed his concern with the additional traffic generated by the project and spoke about the dangerous conditions that exist on Service Avenue and Lark Ellen Avenue. Ms. Sharon Anderson said she would prefer single story homes to preserve her view of the mountains and privacy. Mr. Dawson said he was concerned about the preservation of the church, the historical significance of the church and the architecture of the church. Ms. Stefanko said she was opposed to the density of the project, the historical significance of the church, and the removal of the trees. Mr. Vavala, representing the Los Angeles Conservancy, said they consider St. Martha's Church a historic resource. He asked that an environmental impact report be considered. He also said a letter submitted by historian Allen Hess said this was a historical site. Mr. Morel stated he was an engineer and pointed out that the plan submitted was not to scale, which could be deceptive. REBUTTAL: Mr. Becerra rebutted the testimony in opposition by saying that there would be fewer homes near the southern property line than the existing homes on Larkwood. He also added that the homes would not entirely block the view of the mountains. With regard to the historic references quoted, he said that these publications were prior to the actual construction of the church. Regarding the traffic impacts, the church and school were generated traffic and this development would not be any worse. He also agreed to the red curb along Larkwood. Planning Director Jeff Anderson clarified that the traffic study was completed in July; however, the traffic counts were gathered in May. In addition, he said that Miguel Hernandez, representing Public Works was present to speak about the process to get permit parking for the neighborhood. Vice Chairman Menefee closed the public hearing. There was a discussion by the Commission regarding this project. Commissioner Blackburn expressed his concern with the cost to repair and maintain the church, and if it would be fair to St. Martha's to require them to do so. He also expressed his concern with traffic in the area and the transients living on the church property at this Z:\PLANCOM\MINUTES\2013 MINUTES\10.22.13 minutes.doc Planning Commission Minutes Page 4 — October 22, 2013 time. Commissioner Castellanos said he was concerned with the traffic in the area, especially near the high school. He agreed that the church and school also generated lots of traffic. He also agreed with Commissioner Blackburn that the restoration of the church would not be feasible, and expressed his belief that the residential development would be the best option. Commissioner Valles suggested that the city and traffic engineer meet to discuss how best to address the traffic congestion in the area. She also expressed her support of the project since the city cannot be stagnant, but must progress. Vice Chairman Menefee asked Mr. Hernandez to explain the process to request permitted parking in the area. Vice Chairman Menefee expressed his support of the project. Motion by Blackburn, seconded by Valles, to approve the project and adopt the following resolutions: Resolution No. 13-5535 recommending to the City Council adoption of the Mitigated Negative Declaration of Environmental Impact, Resolution No. 13-5536 recommending to the City Council approval of Zone Change No. 13-03, Resolution No. 13-5537 approving Tentative Tract Map No. 72320 and Tree Removal Permit No. 13-05. Motion carried 4-0 (Holtz.) Mr. Anderson said that this matter will be scheduled for hearing before the City Council, and notices will be mailed to the residents. 3. CONDITIONAL USE PERMIT NO. 13-11 CATEGORICAL EXEMPTION APPLICANT: Aim Higher, Inc. (Ed David) LOCATION: 1751 East Rowland Avenue REQUEST: Request to allow the operation of a 5.567-square foot adult day care facility for developmentally disabled adults. Associate Planner Ron Garcia presented the staff report. Commissioner Castellanos asked about the previous use of the space. Vice Chairman Menefee expressed his concern with the alley on the west side of the property near Food For Less. Mr. Garcia said that the ingress and egress of the site was considered; however, the clients would be driven to the site by a shuttle so ingress and egress would not be a problem. Vice Chairman Menefee opened the public hearing. PROPONENTS: Joe Ramos and Robert Licone spoke in favor of the project. Commissioner Castellanos said he was concerned with the safety of the clients. Commissioner Valles asked about staff to be employed to care for the clients while they're at the facility. Z:\PLANCOM\MINUTES\2013 MINUTES\ 10.22.13 minutes.doc ATTACHMENT 5 PLANNING COMMISSION RESOLUTION NO.13-5535 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ZONE CHANGE NO. 13-03 TENTATIVE TRACT MAP NO. 72320 AND TREE REMOVAL PERMIT NO. 13-05 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Jay Deckard and Phil Becerra, Warmington Residential LOCATION: 502 and 520 S. Lark Ellen WHEREAS, there was filed with this City verified applications on forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code requesting the approval of a zone change, a tentative tract map, and tree removal permit to allow the development of a 45-unit residential development on certain properties generally described as: Assessor Parcel No. 8486-002-008 and 8486-002-009 as shown on the latest rolls of the Los Angeles County Tax Assessor; and WHEREAS, the Planning Commission upon giving the required notice did on the 22nd day of October, 2013, conduct a duly advertised public hearing as prescribed by law to consider said application. WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act (CEQA); and WHEREAS, an initial study was prepared for said project; and WHEREAS, based upon the findings of the initial study, it was determined that the proposed project will not have a significant impact on the environment and will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the California Fish and Game Code; and Z:\Resos\2013 Resos\13-5535 Neg Dec 502-520 Lark Ellen Warmington Homes.doc Planning Commission Resolution No. 13-5535 Mitigated Negative Declaration for ZC 13-03, TTM 72320 & TRP 13-05 October 22, 2013 — Page 2 WHEREAS, a Mitigated Negative Declaration of Environmental Impact was prepared for the proposed project pursuant to the requirements of the California Environmental Quality Act of 1970, as amended, and mitigation measures are included in said Negative Declaration in support of the finding that there will not be a significant effect on the environment as a result of this project. NOW, THEREFORE, the Planning Commission of the City of West Covina does hereby resolve as follows: 1. After receiving and considering all determinations, studies, documents, and recommendations, as well as other appropriate public comments, the Planning Commission of the City of West Covina hereby certifies the Mitigated Negative Declaration of Environmental Impact, subject to compliance with the mitigation measures that are recommended in the Mitigated Negative Declaration of Environmental Impact as set forth in Exhibit A. 2. Non-compliance with the aforementioned mitigation measures as by the monitoring department/agency and any measures taken to con -ect said non-compliance shall be immediately reported to the Planning Department on the City of West Covina Monitoring Checklist Form. 3. The applicant agrees to implement the aforementioned mitigation measures and monitoring or reporting requirements. 4. Failure to comply with any aforementioned mitigation measures and/or monitoring or reporting requirements will result in a written notice of violation from the City to the applicant at .which time the City may order that all or a portion of pre- construction, construction, post-construction activity or project implementation must cease until compliance is reached. 5. The California Environmental Quality Act (CEQA) and State and local guidelines, rules, regulations, and procedures adopted pursuant thereto permits the City of West Covina to impose any fees or charges associated with implementing the above monitoring program upon the applicant. Z:\Resos\2013 Resos\13-5535 Neg Dec 502-520 Lark Ellen Wannington Hornes.doc Planning Commission Resolution No. 13-5535 Mitigated Negative Declaration for ZC 13-03, TTM 72320 & TRP 13-05 October 22, 2013 — Page 3 I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning Commission of the City of West Covina, at a regular meeting held on the 22 nd day of October, 2013, by the following vote: AYES: Castellanos, Menefee, Valles, Blackburn NOES: None ABSENT: Holtz ABSTAIN: None DATE: October 22, 2013 Gerald Menefee, Chairman Planning Commission Jep Anderson, AICP, Secretary Planning Commission nitesos\2013 Resos\13-5535 Neg Dec 502-520 Lark Ellen Warmington Homes.doc EXHIBIT A Mitigation Monitoring and Reporting Program Mitigation Measure ' .: Action Required . Monitoring Responsibility Timing Status of Implementation Aesthetics AES-1 Outdoor lighting shall be designed and installed with downcast shielding to reduce light impacts on adjacent properties. Lighting controls required by mitigation measure AES-1 shall be included in the contract specifications for each building constructed within the project site. Building and Safety Prior to issuance of building permit AES-2 Prior to issuance of a certificate of occupancy the applicant shall submit a lighting plan, including a photometric plan, to the Planning Department and Engineering Division for review and approval to ensure that new lighting will not "spill over" onto adjacent properties. Lighting controls required by mitigation measure AES- 2 shall be included in the contract specifications for each building constructed within the project site. Building and Safety Prior to issuance of building permit Culhiral Resources CR-1 In the event that archaeological resources are uncovered on the project site during grading or other construction activities, the developer must notify the West Covina Planning Department immediately and work must stop within a 100-foot radius until a qualified archeologist lobe approved by the City, has evaluated the find. Construction activity may continue unimpeded on other portions of the project site. If the find is determined by the qualified archeologist to be a unique archeological resource, as defined by Section 2103.2 of the Public Resources Code, the site shall be treated in accordance with the provisions of Section 21083.2 of the Public Resources Code. If the find is determined not to be a unique archeological resource, no further action is necessary and construction may continue. The applicant shall bear the cost of implementing this mitigation. These requirements shall be included in construction documents. Planifing Department Prior to issuance of grading permits CR-2 If paleontological resources are uncovered during excavation of the project site, the City of West Covina Planning Department shall be notified immediately and work must stop within 100 feet of the find to allow a qualified paleontologist to appropriately remove the find. The applicant shall bear the cost of implementing this mitigation. These requirements shall be included in construction documents. Planning Department Prior to issuance of grading permits Impact Sciences, Inc. 1 Lark Ellen Mitigation Monitoring and Reporting Pmgram 118.3.001 October 2013 Mitigation Measure Action Required Monitoring Responsibility Timing Status of Implementation Cultural Resources (continued) CR-3 if during excavation of the project site human remains are discovered, the steps described in State CEQA Guidelines Section 15064.5(e) shall be followed. The applicant shall bear the cost of implementing this mitigation. These requirements shall be included in construction documents. Planning Department Prior to issuance of grading permits (1) There shall be no further excavation or disturbance of the site or any nearby. area reasonably suspected to overlie adjacent human remains until: (A) The coroner of the County in which the remains are discovered must be contacted to determine that no investigation of the cause of death is required, and (B) If the coroner determines the remains to be Native American: 1. The coroner shall contact the Native American Heritage Commission within 24 hours. 2. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American. 3. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98, or (2) Where the following conditions occur, the landowner or his authorized. representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. The applicant shall bear the cost of implementing this mitigation. (A) The Native American Heritage Commission is unable to identify a' most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission. (B) The descendant identified fails to make a recommendation; or (C) TIT landowner nr Ins authorix.ecl representative rejects Me 1,,,111111Q11l4 0 i;llIl ll C ill., jA.:1-4,,11.1:111t, :Ind Lill, 111,14.41:1Lill11 6y, it,,., Native American Heritage Commission fails to provide measures acceptable to the landowner. Impact Sciences, Inc. 9 Lark Ellen Mitigation Monitoring and Reporting Program 1:183.0(0 October 2013 Mitigation Measure .. Action Required . r. Monitoring . Responsibility Timing Status of Implementation Geology and Soils GEO-1 The project shall be designed and constructed in accordance with the requirements of Chapter 16 (Structural Design) of the 2010 California Code of Regulations, Title 24, Part 2, Volume 2 (based on the International Building Code, Chapter 16, Section '1613— Earthquake Loads), the West Covina Municipal Code, and accepted engineering practices. Review the project engineering plans to ensure requirements are incorporated into the engineering plans. Department of Public Works Prior to issuance of grading and engineering plans. GE0-2 Prior to start of soil-disturbing activities at the site, the project applicant shall obtain a General Permit for Discharges of Storm Water Associated with Construction Activity to comply with the National Pollution Discharge Elimination System (NPDES), to control erosion and pollution during construction of the project. The project applicant shall prepare and submit a Storm Water Pollution Prevention Plan (SWPPP) to be administered throughout project construction. The SWPPP must list Best Management Practice (BMP) features that the discharger (project applicant) will use to protect storm water runoff. Prior to issuance of any grading or building permits, the City of West Covina Department of Public Works shall approve the SWPPP. Review the project engineering plans to ensure that requirements are incorporated into the engineering plans. Department of Public Works Prior to issuance of grading and engineering plans. GEO-3 The project applicant shall prepare and implement a Standard Urban Storm Water Mitigation Plan (SUSMP) in accordance with the requirements of the West Covina Municipal Code to ensure that storm water runoff is managed for water quality concerns through implementation of appropriate and applicable best management practices (BMPs). Prior to issuance of any grading or building permits, the City of West Covina Department of Public Works shall approve the SUSMP. Review the project engineering plans to ensure that requirements are incorporated into the engineering plans. Department of Public Works Prior to issuance of grading and engineering plans. GEO-4 All unpaved demolition and construction areas shall be wetted during • excavation, grading and construction, and temporary dust covers shall be used to reduce dust emissions and meet South coast Air Quality Management District Rule 403. Wetting could reduce fugitive dust by as much as 50 percent. These requirements shall be included in construction plans. Department of Public Works Prior to hiarallCe of grading permit. • GEO-5 The project applicant or general contractor shall keep the construction area sufficiently damped to control dust caused by construction, hauling and at all times provide reasonable control of dust caused by wind. These requirements shall be included in construction plans. Department of Public Works Prior to issuance of grading permit. CEO-6 All materials transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust and spillage. These requirements shall be included in construction plans. Department of Public Works Prior to issuance of grading permit. CEO-7 All clearing, earthmoving, or excavation activities shall be discontinued during period of high winds (i.e., greater than 15 mph), so as to prevent excessive amounts of fugitive dust. These requirements shall be included in construction plans. Department of Public Works Prior to issuance of grading permit. Impact Sciences, Inc. 3 Lark Ellen Mitigation Monitoring and Reporting Program 1183.001 October 2013 Mitigation Measure . • , .. :Aetion Required . : Monitoring Responsibility Timing Status of Implementation Geology and Soils (continued) CEO-8 Prior to issuance of grading permits, the project applicant shall submit to the City Engineering Division detailed plans demonstrating that all earthwork and grading, structural foundations, on-grade slabs, retaining walls, paving, temporary excavations and backfill, and surface drainage shah be designed and constructed consistent with the recommendations provided in the project geotechnical study. These requirements shall be included in construction plans. Department of Public Works Prior to issuance of grading permit. Hazards and Hazardous Materials HAZ-1 Asbestos and lead-based paint surveys shall be conducted on the • buildings to be demolished prior to the start of construction. In the event that asbestos and lead-based paint are detected, they shall be abated in accordance with all applicable rules and regulations. Abatement activities shall be completed to the satisfaction of the appropriate regulatory agency(ies) prior to issuance of demolition permits for the proposed project. Abatement of asbestos shall be conducted in accordance with SCAQMD Rule 1403, Asbestos Emissions from Demolition/Renovation Activities. Review of test results Planning Department Prior to issuance of the demolition permit. HAZ-2 After project site grading and before construction of residential structures, soil samples shall be taken at the sites indicated as subject to Dieldrin contamination in the Phase II environmental site assessment. If the soil samples indicate the presence of DieId rin in concentrations above the screening threshold of 0.035 parts per million, contaminated soils shall be removed and disposed of in accordance with applicable regulations. Review of test results Planning Department Prior to issuance of building permit Hydrology and Water Quality HYD-1 Appropriate erosion control and drainage devices shall be incorporated to the satisfaction of the Building Division, such as interceptor terraces, berms, Vee-channels, and inlet and outlet structures. Review of grading and drainage plans. Department of Public Works Prior to issuance of grading permit 1-IYD-2 All waste shall be disposed properly. Use appropriately labeled recycling bins to recycle construction materials including: solvents, water-based paints, vehicle fluids, broken asphalt and concrete, wood, and vegetation. Nonrecyclable materials/wastes shall be taken to an appropriate landfill. Toxic wastes must be discarded at a licensed regulated disposal site. These requirements shall be included in construction documents Planning Department Prior to issuance of grading permit HYD-3 Leaks, drips and spills shall be cleaned up immediately to prevent contaminated soil on paved surfaces that can be washed away into the storm drain. . These requirements shall be included in construction documents Planning Department Prior to issuance of grading permit HYD-4 Where truck traffic is frequent, gravel approaches shall be used to reduce soil compaction and limit the tracking of sediment into streets, These requirements shall be included in construction CI OCLI ments Planning Department Prior to issuance of grading permit Impact Sciences, Inc. 4 Lark Ellen &litigant», Monitoring and Repm.ting Program 1183.001 October 2013 Mitigation Measure • Action Required , - Monitoring Responsibility. .Timing Status of Implementation HYD-5 All vehicle/equipment maintenance, repair, and washing shall be conducted away from storm drains. All major repairs shall be conducted off-site. Drip pans or drop cloths shall be used to catch drips and spills. These requirements shall be included in construction documents Planning Department Prior to issuance of grading permit Hydrology and Water Quality (continued) HYD-6 The project applicant shall implement stormwa ter BMPs to retain or treat the runoff from a storm event producing 0.75 inch of rainfall in a 24-hour period. The design of structural BMPs shall be in accordance with the Development Best Management Practices Handbook, Part B - Planning Activities. A signed certificate from a California licensed civil engineer or licensed architect that the proposed BMPs meet this numerical threshold standard is required. Review of grading plans Department of Public Works Prior to issuance of grading permit HYD-7 Post development peak stormwater runoff discharge rates shall not exceed the estimated pre-development rate for developments where the increase peak stormwater discharge rate will result in increased potential for downstream erosion. Review of grading plans Department of Public Works Priori° issuance of grading permit HYD-8 Any connection to the sanitary sewer shall have authorization from the Bureau of Sanitation. Review of project plans Bureau of Sanitation Prior to issuance of grading permit HYD-9 Materials with the potential to contaminate stormwa ter must be: (1) placed in an enclosure such as, but not limited to, a cabinet, shed, or similar structure that prevents contact with runoff spillage to the stormwa ter conveyance system; or (2) protected by secondary containment structures such as berms, dikes, or curbs. These requirements shall be included in construction documents Planning Department Prior to issuance of grading permit HYD-10 Storage areas shalt be paved and sufficiently impervious to contain leaks and spills, These requirements shall be included in construction documents Planning Department Prior to issuance of grading permit HYD-11 All storm drain inlets and catch basins within, and immediately adjacent to the Project Site, as permitted and approved by the Department of Public Works, must be stenciled with prohibitive language (such as "NO DUMPING — DRAINS TO OCEAN") and/or graphical icons to discourage illegal dumping. Legibility of stencil and signs must be maintained at all times. Review of project plans Department of Public Works As needed/on going HYD-12 An efficient irrigation system shall be designed to minimize runoff, including: drip irrigation for shrubs to limit excessive spray; shutoff devices to prevent irrigation after significant precipitation; and flow reducers. Review of grading plans Department of Public Works . Prior to issuance of grading permit Impact Sciences, Inc. 5 Lark Ellen Mitigation Monitoring and Reporting Program 1183.007 October 2013 • Mitigation Measure. i Action Required Monitoring Responsibility Timing Status of Implementation Noise NOM To the extent feasible, construction activities shall be scheduled so as to avoid operating several pieces of heavy equipment simultaneously, which causes high noise levels, These requirements shall be included in construction documents and verified during grading and construction. Department of Building and Safety Prior to issuance of grading permits and during grading and construction. NOI-2 The construction staging area shall be located as far as feasible from .sensitive receptors. These requirements shall be included in construction documents and verified during grading and construction. Department of Building and Safety Prior to issuance of grading permits and during grading and construction. NOI-3 All construction equipment shall be stored on the project site during the construction phase to eliminate daily heavy-duty truck trips on vicinity roadways. These requirements shall be included in construction documents and verified during grading and construction. Department of Building and Safety Prior to issuance of grading permits and during grading and construction. NOI41 Project construction shall comply with the requirements of the Building Department and the California Building Code regarding interior noise levels. These requirements shall be included in construction documents and verified during grading and construction. Department of Building and Safety Prior to issuance of grading permits and during grading and construction. NOT-5 Noise-generating equipment operated at the project site shall be equipped with the most effective noise control devices, i.e., mufflers, lagging, and/or motor enclosures. All equipment shall be properly maintained to assure that no additional noise, due to worn or improperly maintained parts, would be generated. These requirements shall be included in construction documents and verified during grading and construction. Department of Building and Safety Prior to issuance of grading permits and during grading and construction. NOI-6 The project shall be in compliance with the West Covina Municipal Code Noise Ordinance Sections 15-83 through 15-86. These requirements shall be included in construction documents and verified during grading and construction. Department of Building and Safety Prior to issuance of grading permits and during grading and construction. Public Services (Fire) FIRE-1 Prior to issuance of a Certificate of Occupancy, the project applicant shall obtain approval from the West Covina Fire Department that the project complies with all applicable City codes and regulations pertaining to fire protection as required by the West Covina Fire Department. Review of project plans by West Covina Fire Department Fire Department Prior to issuance of a Certificate of Occupancy Impact Sciences, Inc. 6 L.arl, Ellen Mitigation Mimitoring and Reporting Program 1183.001 October 2013 ATTACHMENT 6 PLANNING COMMISSION RESOLUTION NO. 13-5536 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE NO. 13-03 ZONE CHANGE NO. 13-03 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Jay Deckard and Phil Becerra, Wannington Residential LOCATION: 502 and 520 South Lark Ellen Avenue (Formerly St. Martha's Episcopal Church) WHEREAS, there was filed with this Commission a verified application on the forms prescribed in Section 26-153 and 26-199 of the West Covina Municipal Code, for the reclassification from: "Single-Family Residential (R-1)" to "Specific Plan No. 26 (Cadanera Specific Plan)" on a portion of that certain property generally described as follows: Assessor's Parcel Number 8486-008-009 and 8486-002-008, in the records of the Los Angeles County Assessor; and WHEREAS, the proposed zone change is requested to provide consistency between the General Plan and Zoning Map, and to establish zoning standards for the subject project; and WHEREAS, said zone change application is requested to allow for the development of 45 single-family dwelling units; and WHEREAS, a tentative tract map (No. 72320) has been submitted for the subdivision of 45 lots to be developed with 45 single-family dwelling units; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 22nd day of October, 2013, conduct a duly noticed public bearing to consider said application; and Z:\Resos\2013 Resos\13-5536 ZC 502-520 Lark Ellen Wannington Homes.doc Planning Commission Resolution No. 13-5536 Zone Change No. 13-03 October 22, 2013- Page 2 WHEREAS, studies and investigations made by the Planning Commission and in its behalf reveal the following facts: 1. The project consists of a development plan for the construction of 45 single- family dwelling units on a 5.7-acre parcel. 2. The project includes a zone change requesting to change the zone from "Single- Family Residential (R-1)" to "Specific Plan No. 26 (Cadanera Specific Plan)" that allows for 45 single-family residential units on a portion of the subject property. 3. The applicant is requesting approval of a tentative tract map to subdivide the site into 51 parcels. Forty-five lots would be developed with dwelling units and the remaining six lots would provide for a private street and common open space. 4. Findings necessary for approval of a zone change are as follows: a. There are changed conditions since the existing zoning became effective to warrant other or additional zoning. b. The proposed change of zone will not adversely affect adjoining property as to value or precedent and will not be detrimental to the area. c. A change of zone will be in the interest or furtherance of the public health, safety, and general welfare. d. The approval of such a change of zone will not adversely affect the comprehensive General Plan so adopted by the City. e. The approval of such a zone change is consistent with the General Plan or applicable specific plans. 5. Pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, a MITIGATED 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. Z:\Resos\2013 Resos\13-5536 ZC 502-520 Lark Ellen Wannington Hornes.doc Plaiming Commission Resolution No. 13-5536 Zone Change No. 13-03 October 22, 2013- Page 3 WHEREAS, based on the evidence, both oral and documentary, the Planning Commission finds as follows: a. The proposed zone change will facilitate the development of a small-lot single- family project that allows for a density of 7.9 units per acre within Specific Plan 26. Since the last General Plan update in 1985, the housing market has changed to provide different types of housing to accommodate the population growth as well as to provide diverse housing that meets the population needs. Since most cities within the San Gabriel Valley are built out, most new residential projects are infill development in underutilized sites or in a mixed-use setting. Allowing different type of housing and flexibility of development standards, Cities can continue to provide new housing to accommodate the growing population and meet their fair share of regional housing. Therefore, the City did not envision allowing parcels smaller than 6,000 square feet in area. As such, there are .changed conditions since the existing zoning became effective to warrant changes in relaxing the more traditional development standards established in 1980s when the City was rapidly developing. b. An environmental study, in compliance with CEQA, has been prepared determining that mitigation measures are required. The mitigation measures serve to prevent adverse impact on the future project to be constructed on the site, surrounding land uses, and service systems. In addition, the proposed zone change will not adversely affect adjoining property value and will not be detrimental since the area is improving by redeveloping an underutilized site that contains vacant buildings. c. The City of West Covina's Regional Housing Needs allocation (RHNA) for the 2008-2014 planning period had been determined by SCAG to be 2,462 units including 631 units for very-low income households, 388 units for low income households, 417 units for moderate-low income households and 1,026 units for above moderate households. However, the city has adopted 2014-2021 RHNA planning period and the goals and objects remain the same. In recent years, the City has built higher density units primarily for senior citizens only. Although the proposed units are not considered affordable units as units being subsidized by any public funding mechanism, the 45 single family residential units would be potentially more affordable than the traditional units on larger parcels. In addition, the project provides an additional housing type that is a cluster design and provides the privacy and/or security of being a gated community. The Housing Element of the General Plan calls for "exploring opportunities for new residential development within those areas of the City occupied by vacant or underutilized, obsolete commercial and industrial uses." The Specific Plan would take advantage of redeveloping a site that is currently occupied by an underutilized site and vacant buildings and is primarily sunounded by single- family residential development. As such, the change of zone will be in the interest of the public health, safety, and general welfare. Z:\Resos\2013 Resos\13-5536 ZC 502-520 Lark Ellen Wannington Homes.doc Planning Commission Resolution No. 13-5536 Zone Change No. 13-03 October 22, 2013- Page 4 d. The policies and objectives of the Specific Plan comply with the "Residential Low Medium" land use designation for the subject site in the General Plan, and the provisions for design and improvements comply with the implementation policies and objectives of the Specific Plan. The General Plan establishes densities for the different residential land use designations. The General Plan Amendment would allow the subject site to be developed at a density of 8 units per acres, which is consistent with the density allowed in the General Plan Use Designation for "Residential Low Medium." As such, the proposed zone change will not adversely affect the comprehensive General Plan of the City. e. The approval of such zone change is consistent with the General Plan land use designation of "Residential Low Medium". The proposed land use designation allows for a density range of 4.1 to 8 units per acres. The proposed project is 7.9 units . per acre and is consistent with the development standards set forth in the Specific Plan No. 26 (Cadanera Specific Plan). NOW, THEREFORE, the Planning Commission of the City of West Covina, California, does resolve as follows: SECTION NO. 1: Based on the evidence presented, and the findings set forth, the above Zone Change No. 13-03 is hereby found to be consistent with the City's General Plan and the land uses permitted within said zone classification. SECTION NO. 2: The Planning Commission does hereby recommend to the City Council that it approve Zone Change No. 13-03, adopting the specific plan text as set forth in Exhibit A and changing the zoning designation for subject property as set forth on Exhibit B and amending the Zoning Map of the City of West Covina. SECTION NO. 3: The Secretary is instructed to forward a copy of this Resolution to the City Council for its attention in the manner prescribed by law. ZAResos\2013 Resos\13-5536 ZC 502-520 Lark Ellen Wannington Homes.doc (Ger Menefee"; Chait Plannitik Commissiod Planning Commission Resolution No. 13-5536 Zone Change No. 13-03 October 22, 2013- Page 5 I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning Commission of the City of West Covina, at a regular meeting held on the 22 nd day of October, 2013, by the following vote: AYES: Castellanos, Menefee, Valles, Blackburn NOES: None ABSENT: Holtz ABSTAIN: None DATE: October 22, 2013 Je knderson, Secretary P arming Commission Z:\Resos\2013 Rcsos\13-5536 ZC 502-520 Lark Ellen Wannington Homes.doc EXHIBIT A Cadanera Specific Plan City of West Covina September 2013 Cadanera A Planned Community Prepared for: City of West Covina 1444 West Garvey Avenue West Covina, CA 91790 Applicant: Warmington Residential California 3090 Pullman Street Costa Mesa, CA 92626 Prepared by: D33 Design & Planning, Inc. 31866 Camino Capistrano San Juan Capistrano, CA 92675 Phone: (949) 230-4537 Fax: (949) 544-0427 Specific Plan Consultant Team: JZMK Partners Malefyt Land Planning Cadanera Specific Plan September 2013 Table of Contents Executive Summary ES.1 Introduction ES.2 Residential Area ES.3 Specific Plan Components Section 1.0 Plan Overview 1.1 Introduction 1.1.1 Project Context 1.2 Specific Plan Objectives 1.3 Project Location 1.4 Authority for the Specific Plan 1.5 General Plan Consistency Section 2.0 Land Use 2.1 Land Use Plan 2.2 Land Use Summary Section 3.0 Project Phasing 3.1 Phasing Policies ES-1 ES-1 ES-1 1 1 1 1 2 2 7 7 13 Section 4.0 Development Standards 4.1 General Provisions 15 4.2 Development Standards 15 4.2.1 Residential Development Standards 15 4.3 Residential Development Standards 15 4.3.1 Floor Plans 15 4.4 Residential Parking Requirements 15 4.4.1 Location of Parking Spaces 15 4.4.2 Vehicle Access 15 4.4.3 Design and Improvements 16 4.5 Community Preservation/Maintenance 16 Section 5.0 Design Guidelines/Requirements 5.1 Purpose and Intent 20 5.2 Single Family Design Guidelines/Requirements 20 5.2.1 Architectural Style 20 5.2.2 Materials 20 5.2.3 Roofs 20 5.2.4 Windows 21 5.2.5 Gutters and Downspouts 21 5.2.6 Exterior Lighting 21 5.3 Accessory Elements 21 5.3.1 Trash 21 5.4 Non-Architectural Elements 21 5.4.1 Mechanical Equipment 21 5.4.2 Meters 21 5.5 Perimeter Security 22 Cadanera Table of Contents Specific Plan September 2013 Table of Contents Section 6.0 Landscape Design Standards & Guidelines 6.1 Residential Landscape Design Standards and Guidelines 6.2 Lark Ellen Avenue Landscape Character 6.3 Community Open Space Area 6.4 Landscaping 6.5 Entry Monument Lighting 6.6 Walls and Fences 6.7 Landscape Plans 6.8 Irrigation Design 6.9 Landscape Maintenance 6.10 Pedestrian Linkages (Street and Walkways) 6.11 Plant Palette Section 7.0 Signage 7.1 Signs 7.1.1 Signage Design Guidelines Section 8.0 Infrastructure, Utilities and Public Services 8.1 Purpose and Intent 8.2 Vehicle Circulation 8.3 Grading 8.4 Standard Urban Stormwater Mitigation Plan (SUSMP) 8.5 Storm Drain Plan 8.6 Sewer Plan 8.7 Water Plan 8.8 Utilities 8.9 Public Services 8.10 Subdivision Section 9.0 Implementation and Administration 9.1 Infrastructure and Public Services Financing 9.2 Application Processing 9.3 Specific Plan Modifications/Minor Adjustments 9.4 Interpretation 42 42 42 42 43 43 43 43 43 43 44 48 48 49 49 49 49 49 50 50 50 50 51 53 53 53 53 Cadanera Table of Contents Specific Plan September 2013 LIST OF EXHIBITS Exhibit 1 Vicinity Map 2 Aerial Map 3 Proposed Land Use Plan 4 Existing Zoning Map 5A Conceptual Site Plan 5B Technical Site Plan 5C Typical Lot 6 Phasing Plan 7 Residential - Development Standards 8A Conceptual Floor Plans (1st Floor) 8B Conceptual Floor Plans (2nd Floor) 9A Plan 1 - Spanish - Standard Elevations 9B Plan 1 - Spanish - Enhanced Privacy Elevations 9C Plan 1 - California - Standard Elevations 9D Plan 1 - California - Enhanced Privacy Elevations 10A Plan 2 - Spanish - Standard Elevations 10B Plan 2 - Spanish - Enhanced Privacy Elevations 10C Plan 2 - California - Standard Elevations 10D Plan 2 - California - Enhanced Privacy Elevations 11A Plan 3 - Spanish - Standard Elevations 11B Plan 3 - Spanish - Enhanced Privacy Elevations 11C Plan 3 - California - Standard Elevations 11D Plan 3 - California - Enhanced Privacy Elevations 12A Proposed Color Scheme - Spanish (Scheme 1) 12B Proposed Color Scheme - Spanish (Scheme 2) 12C Proposed Color Scheme - Spanish (Scheme 3) 12D Proposed Color Scheme - California (Scheme 1) 12E Proposed Color Scheme - California (Scheme 2) 12F Proposed Color Scheme - California (Scheme 3) 12G Proposed Color Schemes - Matrix 13 Conceptual Landscape & Wall Plan 14 Proposed Entry Monument & Wall Details 15 Lark Ellen Avenue Street Scene 16 Tentative Tract Map Page 5 6 8 9 10 11 12 14 17 18 19 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 45 46 47 52 Cadanera Table of Contents Specific Plan September 2013 Executive Summary ES.1 INTRODUCTION The Cadanera Specific Plan addresses approximately 5.76 acres of land located within the City of West Covina. The regional context and local setting of the Cadanera Specific Plan are illustrated in Exhibits 1 and 2 (Vicinity and Aerial Maps), on pages 5 and 6 of the Specific Plan document. Cadanera is a single family detached community designed to create a livable community compatible with the traditional development characteristics of West Covina. The Specific Plan as illustrated in the Site Plans (Exhibit 5A and 5B) combines the 45 unit residential neighborhood with a passive open space area offering an opportunity for social gathering within an open space setting. The guiding design principles for the community include the following: • Traditional "Spanish" and "California" architectural design; however not limited to. • Sustainable development practices addressing energy efficiency. The proposed development shall be comprised of 7 Phases. Cadanera shall be developed in 7 phases: Phase 1 ("M" on Phasing Plan) shall be the construction of the Models (lots 1 - 3) as well as the infrastructure of the site, Phase 2 (1 on the Phasing Plan) shall be the construction of lots 38 - 45, Phase 3 (2 on the Phasing Plan) shall be the the construction of lots 7 - 12, Phase 4 (3 on the Phasing Plan) shall be the construction of lots 13 - 15 and 33 - 37, Phase 5 (4 on the Phasing Plan) shall be the construction of lots 16 - 19 and 29 -32, Phase 6 (5 on the Phasing Plan) shall be the construction of lots 20 - 28, and Phase 7 ("BO" on the Phasing Plan) shall b the construction of lots 4 - 6 where the Model parking is located during construction of areas 1 - 6. See Exhibit 6 for Phasing Plan. The project shall require a Zone Change, adoption of the Specific Plan, and Tentative Tract Map approvals. ES.2 RESIDENTIAL AREA Single family residential neighborhood areas are designed in keeping with the above principles resulting in the following: • Designed at a human scale and oriented to pedestrian activity. • Provide single family detached housing within the City of West Covina. • Provide an enjoyable outdoor experience through the passive open space area. • Provide rich traditional "Spanish" and "California" design elements throughout the residential community. ES.3 SPECIFIC PLAN COMPONENTS Cadanera Specific Plan September 2013 ES-1 Executive Summary The Cadanera Specific Plan is organized into the following sections: • Section 1 - Plan Overview The plan overview serves to acquaint the reader with the project setting, a general description of the project proposal, the goals and policies of the Specific Plan, the Specific Plan objectives, and General Plan consistency. • Section 2 - Land Use The Land Use section describes the existing zoning and land uses and what the specific plan is proposing to change them to. • Section 3 - Project Phasing This section describes the project phasing including location and order. • Section 4 - Development Standards This section provides the developmental standards. It covers the setbacks, parking requirements, maximum lot coverage, maximum building height and minimum landscaping and open space requirements, as well as the permitted and prohibited uses. • Section 5 - Design Guidelines/Requirements The design guidelines include graphic representations and text to guide the architecture of the Cadanera community. • Section 6 - Landscape Design Standards and Guidelines This section provides graphic representation of the landscape design standards of the community, touching on every detail. • Section 7 - Signs The signs section covers the signage throughout the community such as home address and entrance monumentation. • Section 8 - Infrastructure, Utilities and Public Services This section discusses the technical information regarding necessary infrastructure such as vehicle circulation, grading of the site, storm drainage, water and sewer plans, public services, etc. • Section 9 - Implementation and Administration This section covers Specific Plan implementation through plan check, timing of improve- ments, maintenance responsibilities, and any amendments or adjustments that may be needed. Cadanera Specific Plan September 2013 ES-2 Executive Summary Plan Overview 1.1 INTRODUCTION The Cadanera Specific Plan is a 5.76 acre single family development. The purpose of the Cadanera Specific Plan is to ensure compatibility of the project with the existing neighborhood surrounding the site and propose a residential component to create a high quality environment. Future development shall be consistent with the Specific Plan regulations for land use, design standards, infrastructure, utilities, and public services; and construction shall be consistent with the current California Building Code (CBC). 1.1.1 PROJECT CONTEXT The project site consists of a 5.76 acre parcel with the current General Land Use Designa- tion of Residential Low Medium (RLM) with an allowable density of 4.1 - 8.0 dwelling units to the acre. The site is currently zoned R-1 (Residential Single Family) allowing a maximum of 1.0 dwelling unit per lot. The two parcels that together make the 5.76 acre site are currently utilized by a residence, preschool/school (Dove Day School), a church (Saint Martha's Episcopal Church), parish hall, classroom building, office building, and a modular building. The northwest portion of the property is a day school/preschool and a residence. The south- west and central portion of the property is the church,parish hall, classroom building, office building, modular building, parking area and a basketball court. The eastern portion of the site is a grassy field with a playground area. 1.2 SPECIFIC PLAN OBJECTIVES The Cadanera Specific Plan is intended to fulfill the following objectives: • To provide a quality community with cohesive design. • To provide single family housing opportunities within the City of West Covina for the general population. 1.3 PROJECT LOCATION The project is located in the northwestern portion of the City of West Covina. Specifically at 502 & 520 South Lark Ellen Avenue. See Exhibits 1 through 4 for project location, Land Use designation and Zoning information. 1.4 AUTHORITY FOR THE SPECIFIC PLAN The Cadanera Specific Plan is established through the authority granted to the City of West Covina by California Government Code, Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 (Specific Plans). A specific plan is a legislative planning tool, regulatory in nature, and serves as zoning law for the property involved. Development plans, site plans, and tentative tract/parcel maps must be consistent with both the specific plan and the City's General Plan. Cadanera I. Plan Overview Specific Plan September 2013 1 According to the California Government Code (Section 65451), a specific plan shall contain the following elements: a. A specific plan shall include text and a diagram that specify all of the following detail: 1. The distribution, location, and extent of the uses of land, including open space within the area covered by the plan. 2. The proposed distribution, location and extent, and intensity of major components of public and private transportation, sewage, water, drain- age, solid waste disposal, energy and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. 3. Standards and criteria by which development will proceed and standards for the conservation, development, and utilization of natural resources, where applicable. 4. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary paragraphs 1 and 2. A Specific Plan shall include a statement of its relationship to a general plan. Section 1.5 below discusses the relationship of the Cadanera Specific Plan to the City of West Covina's General Plan. 1.5 GENERAL PLAN CONSISTENCY Per the California Government Code, Section 65454 "Consistency with the General Plan," the Cadanera Specific Plan must be consistent with the City of West Covina's General Plan. The Governor's Office of Planning and Research defines consistency with a General Plan as "a program or project that will further the objective and policies of the General Plan." As required by state law, this section provides an assessment of consistency with the City's goals and objective of the current General Plan. The framework for this assessment is the list of the City's goals and objectives drawn from the Housing Element and Land Use Element. The goals and objective are presented in upper case letter and italics. The discussion following the goals and objective outlines the Specific Plan's conformance to these goals and objectives. The Cadanera Specific Plan shall serve to implement the following General Plan Goals: • Housing Element - Goal 1: "To provide all residents of West Covina with opportunities to live in decent, safe, sanitary, and energy-efficient housing at costs they can reasonably afford." Cadanera I. Plan Overview Specific Plan September 2013 2 Strategies: • The City will encourage the construction of a wide variety of new housing to meet the needs of all residents. The City will also examine local standards, regulations and requirements to determine their impact on development costs and recommend appropriate adjustments to reduce these costs. The Cadanera Specific Plan shall implement this goal by providing single family home in a well designed community, compatible with the surrounding neighborhoods, and design to meet all energy and building codes to create a decent, safe and sanitary community. • Housing Element - Goal 2: "To ensure equal access to housing to all persons, regardless of sex, age, race, marital status, ethnic background, handicap, source of income, or other characteristics." Strategies: • Programs & activities will be undertaken to encourage equal housing opportunities for everyone and to ensure enforcement of fair housing laws. The Cadanera Specific Plan shall implement this goal by allowing anyone, regardless of sex, age, race, marital status, ethnic background, handicap, source of income, or any other characteristic to live within the community. • Housing Element - Goal 3: "To assure that West Covina's housing stock is preserved, well-maintained, and of sound quality through maintenance, conservation, and rehabilitation programs." Strategies: • The City will undertake the enforcement of the Property Maintenance Ordinance which is intended to preserve existing residential, as well as nonresidential structures in attractive, safe and sanitary conditions. The City will enforce local zoning, housing, fire and building codes to maintain safe and decent housing. The Cadanera Specific Plan shall implement this goal by ensuring that the community shall have a Homeowner's Association program to regulate the maintainance of the community. • Land Use Element - Goal 1: "Preserve the essential residential character of West Covina - a city of beautiful homes." Strategies: • The City has developed a series of action programs to implement housing construc- tion, preservation, and conservation goals. The Cadanera Specific Plan shall implement Residential Development Standards to ensure that the Cadanera community is that of beauty. Cadanera I. Plan Overview Specific Plan September 2013 3 • Land Use Element - Goal 2: "Arrange land uses with regard to the health, safety, con- venience and welfare of the residents of the City." Strategies: • The City of West Covina's zoning map shows the land uses arranged in regards to the health, safety, convenience and welfare of the residents of the City. The Cadanera Specific Plan shall implement this goal by rezoning the site from R-1 to Specific Plan which will allow single family homes to be built at a maximum density of 8.0 dwelling units to the acre versus the maximum 1.0 dwelling unit per lot under the R-1 zoning. Cad anera I. Plan Overview Specific Plan September 2013 4 Vicinity Map EXHIBIT -1 Cadanera I. Plan Overview Specific Plan September 2013 5 Aerial Map EXHIBIT- 2 Cadanera I. Plan Overview Specific Plan September 2013 6 Land Use 2.1 LAND USE PLAN The Specific Plan seeks a maximum density of 8.0 dwelling units per acres and developable lot sizes varying from 2,800 square feet to 10,240 square feet. The minimum lot dimension allowed by the Specific Plan is 41'-4" lot width and 67'-10" in depth. The Cadanera Specific Plan is currently zoned Residential Single Family (R-1) allowing a maximum of 1.0 dwelling unit per lot and designated Residential Low Medium (RLM) within the West Covina General Plan. The zoning shall be changed from Residential Single Family to Specific Plan. 2.2 LAND USE SUMMARY The 5.7 acre development shall consist of a "Specific Plan" land use component. The residential development shall consist of two-story single family residence totaling 45 units, with passive open space areas. Cadanera IL Land Use Specific Plan September 2013 7 Existing: Residential Single Family Proposed: Specific Plan . . . • if,prirog• Proposed Land Use Plan EXHIBIT- 3 Cadanera II. Land Use Specific Plan September 2013 8 Existing Zoning Map Legend Residential R-A - Residential Agriculture I R-1 - Residential Single Family MF-B - Residential 8 du/ac MF-15 - Residential 15 du/ac MF-20 - Residential 20 du/ac MF-45 - Residential 45 du/ac Commercial and Industrial N-C - Neighbohood Commercial S-C - Service Commercial R-C - Regional Commercial C-2 - Medium Commercial ME C-3 - Heavy Commercial O-P - Office Professional M-1 - Manufacturing RE/4 I-P - Planned Industrial Public Use P-B - Public Building O-S - Open Space Master Plans and Specific Plans PCD-1 - Planned Community Develoment . SP - Specific Plan Overlays Outdoor Uses Overlay Zone I. Hillside Overlay Zone 1-1 Civic Center Overlay Zone City Boundary EXHIBIT -4 Cadanera II. Land Use Specific Plan September 2013 9 Parking 90 (2 Covered Spaces/Unit) 90 (2 Driveway Spaces/Unit) 24 (0.53 Guest Spaces/Unit) Total Parking 204 Spaces Ratio 4.53 Spaces/Unit INeror — E‘• C LARKWOOD -51-1EF Conceptual Site Plan EXHIBIT- 5A II. Land Use Cadanera Specific Plan September 2013 10 PLAN 1 - CALIFORNIA PLAN I FRONT ELEVATIONS - HOT TO SCALE NVAnEvvl 5— n• =7" Cadanera LOT TTPICM NOT TO SCALE altitV Technical Site Plan F., FXHIBIT - 58 IL Land Use Specific Plan Septernber 2013 11 RECIPROCAL USE --\ EASEMENT •In RECIPROCAL USE -\ EASEMENT 520 RECIPROCAL US EASEMENT 100 100 PRIVATE AREA AIR CONDITIONER ROOF OVERHANG (1'-0- MAX.) GATE PORCH GATE GATE • FENCE I \I I AIR CONDITIONERrFERCE ENCE SEMI-PRIVATE AREA FOR ILLUSTRATI RPOSES ONLY PLAN 3 PLAN 1 PLAN 2 IFXHIBIT - 5C Cadanera II. Land Use Specific Plan September 2013 12 leC0i 91.1111114 01.1111.11.1.. VP OV0101.911114 Noorm4 urac 57/A.11051,4 LIMPJAVNINT ONIS17131. Sr E BOSIW.1,11nn nor num.* LAME WM Lunn Kw mum. rAnrqs, 11.141t0 CRE9109 WALL PROTECTION AT CAVE Typical Lot Project Phasing 3.1 PHASING POLICIES The following policies are intended to ensure that the Cadanera Specific Plan shall provide the essential infrastructure and services to support each phase of development. See Exhibit 6, Phasing Plan, (following page) for Cadanera Specific Plan project phasing. • All new development shall provide the appropriate level of public improvements, services and utilities to adequately serve the proposed uses for each phase of development. Confirmation by the Public Works department of adequate facilities shall be provided prior to the issuance of building permits. • Cadanera shall be developed in 7 phases: Phase 1 ("M" on Phasing Plan) shall be the construction of the Models (lots 1 - 3) as well as the infrastructure of the site, Phase 2 (1 on the Phasing Plan) shall be the construction of lots 38 - 45, Phase 3 (2 on the Phasing Plan) shall be the the construction of lots 7 - 12, Phase 4 (3 on the Phasing Plan) shall be the construction of lots 13 - 15 and 33 - 37, Phase 5 (4 on the Phasing Plan) shall be the construction of lots 16 - 19 and 29 - 32, Phase 6 (5 on the Phasing Plan) shall be the construction of lots 20 - 28, and Phase 7 ("BO" on the Phasing Plan) shall be the construction of lots 4 - 6 where the Model parking is located during construction of areas 1 - 6. See Exhibit 6 for Phasing Plan. • If needed, temporary on-site private streets and drive aisles shall be provided subject to the approval of the Public Works and Fire Departments. • Each undeveloped phase shall be maintained in a weed free condition. Cadanera III. Project Phasing Specific Plan September 2013 13 Phasing Plan ( N EXHIBIT- 6 III. Project Phasing Cadanera Specific Plan September 2013 14 Development Standards 4.1 GENERAL PROVISIONS A. Any situations not specifically addressed by the Cadanera Specific Plan, shall be subject to the West Covina Municipal Code (Chapter 26, Zoning), as long as such regulations are not in conflict with the intent and the objectives of the Cadanera Specific Plan as defined in Section 1.2. 4.2 DEVELOPMENT STANDARDS The development standards for Cadanera is described in Exhibit 7 on page 16. 4.2.1 RESIDENTIAL DEVELOPMENT STANDARDS The development standards within Exhibit 7 shall be used in conjunction with the single family design guidelines/requirements contained in Section 4.3 and Exhibits 7 - 13G. 4.3 RESIDENTIAL DEVELOPMENT STANDARDS 4.3.1 FLOOR PLANS There shall be two minimum floor plan types, varying square footages; ranging from a mini- mum of approximately +1,400 square feet to +2,800 square feet. Refer to Exhibit 8A - 8B for the conceptual floor plans. 4.4 RESIDENTIAL PARKING REQUIREMENTS This section shall be considered the "Master Parking Requirements" for the Cadanera Specif- ic Plan. The project shall provide a minimum of 4.5 parking spaces per unit; 2 garage spaces per unit plus 2 driveway spaces, and 0.5 open/guest parking spaces per unit. 4.4.1 LOCATION OF PARKING SPACES Each unit shall have a minimum of two designated covered parking space provided within an attached garage, two spaces shall be provied within the driveway, and the additional guest parking shall be evenly distributed throughout the site. Refer to Exhibit 7 for the Residential Development Standards. 4.4.2 VEHICLE ACCESS Access to the project site shall be through a gated entry off of Lark Ellen Avenue. The entry shall comply with the Security Gate Standards. Interior access shall be allowed via private streets and driveways. Cadanera IV. Development Standards Specific Plan September 2013 15 4.4.3 DESIGN AND IMPROVEMENTS All parking areas shall be surfaced with or paved with porous asphalt concrete, concrete, or other surface approved by the City Public Works Department, and shall thereafter be maintained in good condition. 4.5 COMMUNITY PRESERVATION/MAINTENANCE Cadanera shall have a private Homeowner's Association. The association shall provide maintenance of all private common area improvements, landscape, entry gate, fence and wall repairs. Cadanera Specific Plan September 2013 16 IV. Development Standards Residential - Development Standards CRITERIA LOT SIZE Minimum Lot Area: Minimum Lot Width: Minimum Lot Depth: MINIMUM SETBACKS Front Setback Open (Porch): Front Setback (Living): Rear Setback (Excluding Lot 22): Rear Setback (Lot 22): Rear Setback to Patio Cover: Side Setback: Height: Building Lot Coverage (max. percent): Minimum Drive Aisle Width: Required Parking Spaces: Required Guest Parking Spaces: Garage Dimension: Minimum Driveway Length (Excluding Lots 22, 24 and 25): Minimum Driveway Length (Lot 22): Minimum Driveway Length (Lot 24): Minimum Driveway Length (Lot 25): Standard Driveway Stall Dimension: Standard Parking Stall Dimension: Parallel Parking Stall Dimension: SPECIFIC PLAN 2,800 Square Feet (0.06 Acres) 41'-4" 67'-10" 4'-0" minimum 10'-0" minimum 10'-0" minimum 8'-6" minimum 3'-0" minimum 4'-0" minimum 25'-0" maximum (finished grade to top of ridge line) 60% (Gross Area) 20'-0" (28'-0" including parallel spaces) 4 spaces total (2 covered) 0.5 spaces per unit 20'-0" x 20'-0" (interior dimensions) 20'-0" (from garage door to property line) 18'-1" (from garage door to property line) 19'-6" (from garage door to property line) 19'-2" (from garage door to property line) 8'-0" x 20'-0" (16' x 20' for 2 spaces) 9'-0" x 18'-0" 8'-0" x 22'-0" Permitted Uses: Single family residential units. Prohibited Uses: All of which are not stated as Permitted Uses. EXHIBIT- 7 Cadanera IV. Development Standards Specific Plan September 2013 17 rtyixze. Conceptual Floor Plans (1st Floor) lEXHIBIT- BA IV. Development Standards Cadanera Specific Plan September 2013 18 Conceptual Floor Plans (2nd Floor) 6 4.! 14. FXHIBIT - 8B IV. Development Standards Cadanera Specific Plan September 2013 19 Design Guidelines / Requirements 5.1 PURPOSE AND INTENT The purpose of this section is to ensure that all development within the Cadanera Specific Plan shall conform to high standards of design quality. The following guidelines/require- ments seek to establish a design framework for the project. They are intended to guide and inform to the same extent that they shall require or restrict. The architectural style used for the Cadanera Specific Plan is defined as "Spanish" and "California" the architecture is mindful of the influence of this style in the surrounding areas of West Covina. Sections 5.2 through 5.4.2 below shall provide guidelines and requirements for the residential development. 5.2 SINGLE FAMILY DESIGN GUIDELINES / REQUIREMENTS The residences within Cadanera are envisioned as traditional "Spanish" & California" style homes; however not limited to. Access shall be through a gated entry off of Lark Ellen Ave- nue. The following design guidelines shall help create a cohesive community through archi- tecture, landscaping, and site planning. The exhibits shall provide graphic examples incor- porating the guidelines/requirements into the project. Also refer to the Residential Development Standards (Exhibit 7) for detailed information. 5.2.1 ARCHITECTURAL STYLE All elevations shall be similar to the elevations enclosed, incorporating building forms, mass- es, roof design and authentic details and accent features that are consistent with the archi- tectural style of the elevation. Refer to Exhibits 9A through 11D for conceptual elevations, both Spanish and California architectural styles, and Exhibits 12A - 12G for proposed color schemes per style. Lots 28, 29, 32, 33, 37, 38, 41, 42, and 45 shall have an enhanced side condition for privacy to the adjacent existing property owners. Refer to Exhibit 9B, 9D, 10B, 10D, 11B and 11D for those elevations. 5.2.2 MATERIALS All surface treatments or materials shall be designed to appear as an integral part of the design, and not merely applied. All materials and colors shall wrap architectural elements and terminate at inside corners. 5.2.3 ROOFS A variety in roof forms, ridge and eave heights, and direction of hips or gables shall be required to avoid a monotonous roofscape as viewed from neighborhood streets, open space, etc. Roof pitch shall range from 2:12 to 6:12. Roof overhangs shall be a maximum of twelve inches and shall comply with the California Building Code. Roof materials should consider authenticity of style while balancing economical necessities. Fascia elements should be consistent with the architectural style of the building. Cadanera V. Design Guidelines/Requirements Specific Plan September 2013 20 Skylights and or solar panels are permitted. Skylight and or solar panel framing material shall be colored to match the adjoining roof. White "bubble" skylights are not permitted. 5.2.4 WINDOWS Window details, including header, sill and trim elements shall be consistent with the architectural style of the building. Window shapes and mullion patterns shall be consistent with the architectural style of the building. The shape and size of shutters shall be compatible with the window opening. 5.2.5 GUTTERS AND DOWNSPOUTS Exposed gutters and downspouts shall be colored to either match or complement the surface to which they are attached. 5.2.6 EXTERIOR LIGHTING Bollard lights shall be permitted in open space areas. Carriage lights could be permitted and shall be consistant with the architectural style of the building. 5.3 ACCESSORY ELEMENTS 5.3.1 TRASH Resident trash containers shall be stored in the garage of each unit. An area within the garage must be allocated to house a trash, recycling, and yard waste receptacle. This area must be outside of the minimum parking space dimensions. The trash containers shall be wheeled out to the designated area on the driveway apron on trash collection day . For those containers not reachable by the trash collection vehicle, the bins shall be placed on the nearest curb for trash collection day only. Outdoor trash enclosures are prohibited. 5.4 NON-ARCHITECTURAL ELEMENTS 5.4.1 MECHANICAL EQUIPMENT No mechanical equipment (air-conditioning, heating units, etc.) shall be mounted on, or attached to, any pitched roof. They may be located within either the side yard or the rear yard, outside of the setbacks. Such equipment is not permitted in the front yard or the yard within public view of the street. Mechanical devices such as exhaust fans, vents, and pipes shall be painted to match adjacent roof and wall surfaces. 5.4.2 METERS Natural gas meters shall be mounted onto the external wall of the building. Builder shall contact the utility provider for minimum clearances. Electrical meters shall be mounted onto the external wall of the building. Builder shall contact the utility provider for minimum clearances. Cadanera Specific Plan September 2013 21 V. Design Guidelines/Requirements 5.5 PERIMETER SECURITY The development will include a new boundary fence or wall (or combination thereof) along the perimeter of the site. The southern boundary will utilize 6' high solid vinyl fence along the southern boundary. All existing fencing and block walls will remain in place to maintain full privacy to the existing neighborhood. The western boundary shall utilize a a 6' high stucco block wall with stone pilasters along the western edge. The western edge also has 6' high security gates opened by the residents. The northern boundary shall utilize a 3' block stucco wall with 3' high open vinyl fence. Privacy wall/fence heights shall be a minimum of 6'-0" from grade. Cadanera Specific Plan September 2013 22 V. Design Guidelines/Requirements 17.4. REAR ELEVATION LEFT Inm.oints.m. pro, ...us ELEVATION Plan 1 - Spanish - Standard Elevations FRONT ELEVATION RIGHT ELEVATION s---" 13...,..,••• al...m.4 5 ...... Brume 111.....sneto 67...r. Ax 0......e4 Dr.crern. EntCOID.1411131.1, EXHIBIT- 94 Cadanera 1=BEILLIELME.1.116! Specific Plan September 2013 23 V. Design Guidelines/Requirements FRONT ELEVATION REAR ELEVATION nry, LEFT ELEVATION Plan 1 - Spanish - Enhanced Privacy Elevations RIGHT ELEVATION (SOUTH-FACING) WIflqMITVIAI I Farm sum NOTE: Enhanced Privacy Condition shall ONLY apply to Lots 28, 29, 32, 33, 37, 38, 41, 42, and 45 EXHIBIT- 98 for privacy to the adjacent existing property owners. Cadanera V. Design Guidelines/Requirements Specific Plan September 2013 24 RIGHT ELEVATION Plan 1 - California - Standard Elevations FRONT ELEVATION LEFT ELEVATION F=" Orpnma. PCHIBIT - 90 V. Design Guidelines/Requirements REAR ELEVATION Cadanera Specific Plan September 2013 25 Plan 1 - California - Enhanced Privacy Elevations FRONT ELEVATION LEFT ELEVATION RIGHT ELEVATION (SOUTH-FACING) REAR ELEVATION 130/931T- 90 MUKOMILISEEt E.77.'W''' PI:F=2 miFF: NOTE: Enhanced Privacy Condition shall ONLY apply to Lots 28, 29, 32, 33, 37, 38, 41, 42, and 45 for privacy to the adjacent existing property owners. Cadanera V. Design Guidelines/Requirements Specific Plan September 2013 26 FRONT ELEVATION LEFT ELEVATION REAR- ELEVATION Plan 2 - Spanish - Standard Elevations XI-1181T- RIGHT ELEVATION Wcw.accotnyvnuazmni Bn.nroc 13"."'.° 0nMOVIlt.W.0 CI.ocasoffn. Borsoaam.raw Beemternmarreannorom.m.9 Cadanera V. Design Guidelines/Requirements Specific Plan September 2013 27 FRONT ELEVATION LEFT ELEVATION RIGHT ELEVATION (SOUTH-FACING) Plan 2 - Spanish - Enhanced Privacy Elevations IS030131.323.161.1.13.2 EXHIBIT- 10B Lewin. bun. lak.scoarolnto N./a IVI=M ear can moscnc.o..1 REAR ELEVATION NOTE: Enhanced Privacy Condition shall ONLY apply to Lots 28, 29, 32, 33, 37, 38, 41, 42, and 45 for privacy to the adjacent existing property owners. Cadanera V. Design Guidelines/Requirements Specific Plan September2013 28 LEFT ELEVATION Plan 2 - California - Standard Elevations FRONT ELEVATION RIGHT ELEVATION EL11331111112SEMUESEM 0)=. j<HIBIT - 100 EaK031.0.04,113.nnn V. Design Guidelines/Requirements REAR ELEVATION Cadanera Specific Plan September 2013 29 Plan 2 - California - Enhanced Privacy Elevations FRONT ELEVATION RIGHT ELEVATION (SOUTH-FACING) DMDLUIEEMSLIEGEN/ 11]..narm tn.= ills....... Now: zo, 1:1.**ana 1:1,..ens, Lo.tc..ccnut, Lilwareca,moa M.ranKt. EXHIBIT— 100 W"'""-""'" REAR ELEVATION NOTE: Enhanced Privacy Condition shall ONLY apply to Lots 28, 29, 32, 33, 37, 38, 41, 42, and 45 for privacy to the adjacent existing property owners. Cadanera V. Design Guidelines/Requirements Specific Plan September 2013 30 RIGNT ELEVATION FRONT ELEVATION REAR ELEVATION LEFT ELEVATION Plan 3 - Spanish - Standard Elevations ECEITEICEMEESUMEN2 $„""n,s7. E p(HIBIT - 11,4 ' 11= V. Design Guidelines/Requirements Cadanera Specific Plan September 2013 31 :12 FRONT ELEVATION RIGHT ELEVATION (SOUTH-FACING) O Plan 3 - Spanish - Enhanced Privacy Elevations LEFT ELEVATION Pm, MRIFMAIIR.0 FXHIBIT - 118 REAR ELEVATION NOTE: Enhanced Privacy Condition shall ONLY apply to Lots 28, 29, 32, 33, 37, 38, 41, 42, and 45 for privacy to the adjacent existing property owners. Cadanera Specific Plan September 2013 32 V. Design Guidelines/Requirements FRONT ELEVATION RIGHT ELEVATION LEFT ELEVATION REAR ELEVATION Plan 3 - California - Standard Elevations 123:03121241:1333181.1133120 EXHIBIT- 11O E= ': Cadanera Specific Plan September 2013 33 V. Design Guidelines/Requirements RIGHT ELEVATION (SOUTH-FACING) FRONT ELEVATION !EXHIBIT -11D V. Design Guidelines/Requirements LEFT ELEVATION EMBIDABAMIALIE1220:1 ID....oun ...a IThloartan coma roatosm rAsmai III,...= 111......ntal 13n71110. rawmam Imo-ma.. a...nu. woe. slaastrn. al.muvmseownt REAR ELEVATION NOTE: Enhanced Privacy Condition shall ONLY apply to Lots 28, 29, 32, 33, 37, 38, 41, 42, and 45 for privacy to the adjacent existing property owners. Cadanera specific Plan September2013 34 Plan 3 - California - Enhanced Privacy Elevations Proposed Color Scheme - Spanish Scheme 1 Roof Printed colors may not be 100% accurate EXHIBIT- 12A Cadanera Specific Plan September 2013 35 V. Design Guidelines/Requirements Garage Fascia / Trim Accent Roof Proposed Color Scheme - Spanish Scheme 2 Stucco Printed colors may not be 100% accurate EXHIBIT -12B Cadanera V. Design Guidelines/Requirements Specific Plan September 2013 36 Proposed Color Scheme - Spanish Scheme 3 Stucco Roof . Printed colors may not be 100% accurate EXHIBIT- 12C Cadanera V. Design Guidelines/Requirements Specific Plan September 2013 37 Roof Stone Proposed Color Scheme - California Scheme I Stucco Printed colors may not be 100% accurate EXHIBIT- 12D Cadanera V. Design Guidelines/Requirements Specific Plan September 2013 38 Fascia / Trim Accent Roof Stone Proposed Color Scheme - California Scheme 2 Stucco Garage Printed colors may not be 100% accurate EXHIBIT -12E Cadanera V. Design Guidelines/Requirements Specific Plan September 2013 39 Garage Fascia / Trim Roof Stone Proposed Color Scheme - California Scheme 3 Stucco Printed colors may not be 100% accurate EXHIBIT- 12F Cadanera V. Design Guidelines/Requirements Specific Plan September 2013 40 Proposed Color Schemes - Matrix Color Schemes Merlex Stucco Fascia/Trim Accent Garage Door Stone Roof Tile Spanish - 1 P-124 SW 6062 Rugged Brown SW 6069 French Roast SW 6095 Toasty 3702 Calabar Blend Ivory Powder Spanish - 2 P-174 SW 6076 Turkish Coffee SW 6230 Rainstorm SW 6089 Grounded 3606 Vallejo Range Desert Beige Spanish- 3 P-100 SW 6104 Kaffee SW 6166 Eclipse SW 6125 Craft Paper 3605 San Benito Blend Glacier White California-1 P-1527 SW 6083 Sable SW 6208 Pewter Green ' SW 6096 Jute Brown Eastern Mt. Ledge Chablis 5552 Canyon Gray Iron Mountain California -2 P-1661 SW 7014 Eider White SW 7047 Porpoise SW 7014 Eider White Italian Villa Provo Canyon Grey 5686 Pewter Blend Titanium California -3 P-2007 SW 6111 Coconut Husk SW 6097 Sturdy Brown SW6123 Baguette Old World Ledge Burnt Oak 5634 Kings Canyon Blend Butterscotch Stucco Manufacturer: Merlex Stucco Paint Manufacturer: Sherwin Williams Roofing Manufacturer: Eagle Roofing Stone Manufacturer: Coronado Stone EXHIBIT- 12G Cadanera Specific Plan September 2013 41 V. Design Guidelines/Requirements Landscape Design Standards & Guidelines 6.1 RESIDENTIAL LANDSCAPE DESIGN STANDARDS AND GUIDELINES All landscape plans and graphic designs, such as entry monumentation, shall conform to the guidelines as set forth herein, and shall be subject to review and approval by the City of West Covina. 6.2 LARK ELLEN AVENUE LANDSCAPE CHARACTER Lark Ellen Avenue Landscape Character shall consist of the following: • Enhanced Entry — Where the new gated entry is introduced into the existing landscape buffer, all necessary improvements shall be made to repair and replace any damaged trees or shrubs so that the character of the landscape buffer remains intact. • Enhanced Main Entry — The entrance into Cadanera shall feature enhanced plantings and project signage. See Exhibits 13 - 15. 6.3 COMMUNITY OPEN SPACE AREA The Community Open Space Area shall consists of the following: • Picnic area — This area shall be located east of the entry gate and shall provide barbeque grills, picnic tables with a shade structure and benches on a concrete pad, for the use of residents within the development. • Open Turf Area (Field) — This area of the open space shall be turf and situated just ease of the play structure. This area acts as a active open space area. It is provided for general use. • Play Structure — This active play area shall be designed for the children of the community and is provided for general use. • All connecting walkways shall be minimum of 4'-0" wide and designed to meet ADA Accessibility Design Standards. 6.4 LANDSCAPING Planting designs shall be compatible between both the neighboring residential community and the nearby commercial environment. Trees shall help to create the structural backbone to the project. Tree selection shall help to set the landscape tone and shall be organized by primary function (i.e. Street tree, Streetscape, Entry specimen trees, Accent trees, Screening trees etc.). Shrub and groundcover plantings shall also be organized using similar concepts (i.e. background shrub, upright accent shrub, flowering perennial border, screening hedge, etc.). Low water use plants shall be utilized in the plant palette. All trees, shrubs and groundcovers shall be grouped based off of water requirements and irrigated appropriately. See Plant Palette and the Conceptual Landscape Master Plan (Section 6.11 and Exhibit 13) for more detailed information. Cadanera VI. Landscape Design Standards & Guidelines Specific Plan September 2013 42 6.5 ENTRY MONUMENT LIGHTING Intensely "hot" or bright lighting shall be avoided at the entry monument. Lighting fixtures shall be selected and located appropriately to avoid unwanted glare. 6.6 WALLS AND FENCES All existing and proposed 6' masonry walls facing the public way shall have vines or land- scaping to deter graffiti. All proposed perimeter 6' masonry walls shall be CMU covered with stucco. Please refer to the Conceptual Wall Plan and Wall Details (Exhibits 13 - 15). 6.7 LANDSCAPE PLANS All landscaping shall comply with Division 1 - Water Efficient Landscaping (Section 26- 750.1100) of the West Covina Municipal Code. A landscape architect licensed in California shall be retained to prepare planting and irrigation plans for all public areas. 6.8 IRRIGATION DESIGN Irrigation for both public and private landscapes shall be designed to be as water efficient as possible. All irrigation systems shall be controlled using automatic controllers designed to properly apply water to plant materials given the sites soil conditions, evapotranspiration rates, and shall have automatic rain shut off devices. Spray systems shall have low-volume, matched—precipitation nozzles fitted on pop-up bodies that are outfitted with pressure com- pensating devices and integral check valves. Hydrozones will be developed to control the water to specific plant material and adhere to environmental conditions. Pop-up bodies will be specified in areas that may experience pedestrian traffic such as walkways and separa- tion between turf and shrub beds. Standard 12" high risers will be specified for areas next to building and where foot traffic will not be encountered. The on-site irrigation system being entirely private and maintained by the planned HOA. 6.9 LANDSCAPE MAINTENANCE All landscaping with in the residential boundaries of Cadanera, including the common areas, street trees, lighting, and irrigation systems, shall be maintained by the private Homeowner's Association. 6.10 PEDESTRIAN LINKAGES (STREET AND WALKWAYS) Pedestrian pathways are organized to promote hierarchy of circulation relative to location and use. Theses circulation paths lead users to front doors of the residence. A 4' sidewalk shall be provided adjacent to the curb and flanked by a planting area that provides ample grow space for trees and enhanced landscaping. These walks are to be specified as con- crete. • Pedestrian walkways shall be clearly marked where they cross vehicular drives and roadways. Cadanera VI. Landscape Design Standards & Guidelines Specific Plan September 2013 43 6.11 PLANT PALETTE The following legend gives reference to possible species used for specific conditions shown on specific plan exhibits (i.e. Large accent tree). Other drought tolerant trees and shrubs shall be permitted; this is only a sample of drought tolerant planting that could be used. Aloe 'Blue Elf' Agapanthus Tinkerbell' Bougainvillea rosenka Carissa 'Green Carpet' (Natal Plum) Carpenteria californica (Bush Anemone) Erigeron karvinskianus (Santa Barbara Daisy) Hemerocallis aurantiaca (Day Lily) Lantana 'Gold Rush' Liriope muscari (Big Blue Lily Turf) Liriope spicata 'Silver Dragon' Leucophyllum frutescens (Texas Ranger) Mahonia aquifolia (Oregon Grape) Mahonia lomarifolia Mahonia repens (Creeping Mahonia) Nandina domestica (Heavenly Bamboo) Rhapiolepsis ballerina 'Canyon Pink' Teucrium chamaedrys (Germander) Trachelospermum jasminiodes (Star Jasmine) Westringia 'Morning Light' (Coast Rosemary) Cadanera VI. Landscape Design Standards & Guidelines Specific Plan September 2013 44 FENCING LEGEND „ 1-11v, j." .• I 17' ,v v, • .„; -.14 lig ; - " • I e 4:1 • , L..., • LARK ELLEN AVENUE kb.! ii ;'*1.1.;/.,/f u 111.: •[II ils,21 I r.. . , rt.;•.71; II EXHIBIT- 11 1 ll -I 1 Front Elevation of Entry fir \ N./ Cadanera Specific Plan September 2013 45 in VI. Landscape Design Standards & Guidelines Conceptual Landscape & Wall Plan PLANTING LEGEND 1•1•••1.1/41,1e 11,11 1 hull 1. Proposed Entry Monument & Wall Details ,,, 1111. ..7.111.1. \ 11 11 1 1,1 11.111111,. [ 1 . I r ••:111.11. • 1 4;111 • •• ....:111=1 Entry Signage 7,1, Section hru Entry Signage 6' High Solid Vinyl Fence 6' High Open Vinyl Fence •11.1 1111. 1111 111, IV-1-1111111 1 1•••11.1.11 01-I1 11 • 1111, EXH/BIT- Cadanera VI. Landscape Design Standards & Guidelines Specific Plan September 2013 46 LIJ to —J • • 11 11. II. N.- I - I I - I Plan View of Entry Lark Ellen Avenue Street Scene EXHIBIT -15 VI. Landscape Design Standards & Guidelines Cadanera Specific Plan September 2013 47 Signage 7.1 SIGNS The sign regulations shall apply to the entire residential component of Cadanera. The sign program for the project shall be intended to provide tasteful, consistent signage within the project. 7.1.1 SIGNAGE DESIGN GUIDELINES The residential addresses shall be displayed as backlit numbers. Exhibit 14 (page 42) is a graphic representation of what the entry monument could look like. The entry monument shall be constructed per the construction documents submitted. The street signage shall be mounted onto poles in the appropriate locations; preferably mounted to stop sign or light poles where permitted. Cadanera VII. Signage Specific Plan September 2013 48 Infrastructure, Utilities and Public Services 8.1 PURPOSE AND INTENT The purpose of this chapter is to identify the infrastructure, utilities and public services required to serve the Cadanera Specific Plan. Any development within the specific plan area shall pay it's fair share of traffic mitigation measures required by the traffic study. The following exhibits and text shall discuss infrastructure improvements for vehicle circulation, grading, storm drain, sewer, water, utilities, public services, perimeter security, site access and subdivision of the property. 8.2 VEHICLE CIRCULATION The tentative tract map (Exhibit 17) shows access and required improvements along Lark Ellen Avenue as well as the onsite 25' wide private driveways for internal circulation throughout the project. A 48' radius cul-de-sac is proposed at the end of the private driveway to serve the site and provide for Fire Department turnaround. Proposed entry gate will be designed to comply with City of West Covina standards. 8.3 GRADING Proposed grading of the site is intended to comply with City of West Covina requirements. Site development includes retaining walls and fences along Walnut Creek on the northerly property boundary that do not exceed 4' in height with a view fence. All walls and yard fences will comply with City of West Covina requirements. The site generally drains from east to west. 8.4 STANDARD URBAN STORMWATER MITIGATION PLAN (SUSMP) The Standard Urban Stormwater Mitigation Plan was developed as part of the Municipal stormwater program to address stormwater pollution from new developments and redevelopment projects. The proposed site improvements are intended to comply with the City of West Covina and County of Los Angeles' water quality Standard Urban Stormwater Mitigation Plan requirements and shall include an infiltration device to clean the stormwater first flush before discharging from the project. 8.5 STORM DRAIN PLAN A private storm drain system located within the driveway is proposed to discharge onto Lark Ellen Avenue. Onsite flows shall be treated prior to discharging from the site. The tentative tract map (Exhibit 16) shows the proposed storm drain improvements and location of the proposed infiltration device. Cadanera VIII. Infrastructure, Utilities, and Public Services Specific Plan September 2013 49 8.6 SEWER PLAN Sewer service for the project shall be provided through the City of West Covina. The project shall convey sewage through onsite 8" PVC sewer lines and 4" PVC laterals which shall tie into the existing sewer main line within Lark Ellen Avenue. The tentative tract map (Exhibit 17) shows the layout of the proposed sewer improvements. 8.7 WATER PLAN Suburban Water shall provide water to serve the project. The onsite water system shall be a minimum 8" water line that shall provide both domestic and fire service to the site. The tentative tract map (Exhibit 16) shows the layout of the proposed water improvements. 8.8 UTILITIES A. Electricity: Southern California Edison (SCE) shall provide electric service to the project area and shall extend service to the project in accordance with rules and policies for extension of service on file with the California Public Utilities Commission. B. Natural Gas: The Southern California Gas Company shall provide natural gas service to the project at the time contractual arrangements are made in accordance with Gas Company policies and extension rules and policies for extension of service on file with the California Public Utilities Commission. C. Telephone Service: Verizon provides telephone service to the project area and shall extend service to the project in accordance with extension rules and policies for extension of service on file with the California Public Utilities Commission. D. Cable TV: Charter Communications provides cable service within the City of West Covina and shall provide service at the time contractual arrangements are made. E. Internet Access: Both Verizon or Charter Communications offer Internet service within the project area and shall provide service at the time contractual arrangements are made. F. Solid Waste: Athens Services shall provide solid waste collection service for the project. The resident trash bins shall be wheeled out from their designated space within the garage to the curb or driveway apron on trash collection day. 8.9 PUBLIC SERVICES A. Fire: Fire protection services shall be provided by the City of West Covina Fire Department. Fire Station #1, located at 819 South Sunset Avenue, is the closest station in proximity to the site. The Mitigated Negative Declaration for the project (once completed) shall provide adequate fire protection service for the project pursuant to Section 1.4 of this document. Cadanera VIII. Infrastructure, Utilities, and Public Services Specific Plan September 2013 50 B. Police: The City of West Covina Police Department shall be responsible for public safety and general law enforcement within the city, including patrol services, traffic enforcement and criminal investigations. The Mitigated Negative Declaration for the project shall provide adequate police service for the project pursuant to Section 1.4 of this document. C. Schools: School services will be provided by the West Covina Unified School District. The following schools will serve the project: Cameron Elementary School, Edgewood Middle School and West Covina High School. Pursuant to Government Code Section 65995, the project will be required to offset impacts to the school system by paying a mandatory fee per square foot. D. Public Library: The West Covina Library is part of the County of Los Angeles Public Library and is located near City Hall; at 1601 West Covina Parkway. E. Community & Recreation: The City of West Covina Community Services Department manages park facilities and provides recreation programs to City residents. Currently, there are 12 developed neighborhood parks and five developed community parks that have a total of 122 and 77 acres of park space, respectively. 8.10 SUBDIVISION Tentative Tract Map 72320 (Exhibit 16) proposes 45 single family residential lots (Lots 1 -45) and 6 open space/driveway lots (Lots A - F) serving the project that will be maintained by a Home Owners Association. Cadanera VIII. Infrastructure, Utilities, and Public Services Specific Plan September 2013 51 • SITE ADDRESS: SERVICE AVENUE , • • . .1 I 1_1_ _ ECRE IACFCD sh7n.N. 90 SECTION CV Fr (d) \-1 1 I ;LI GENERAL NOTES: SIV010120011 10 at 011 1.00101,[1.01. VOLN 11011.1,11 77500. LARKWOOD STREET LEGEND: DESC.110,1 V01* Ine.rots 9011 MOT, ZarOti eia =arc= rel si.71*"..14VArigrei. 431211"6nZ Ut..501r1=.""' 11 scAtE r-or LEGAL DESCRIPTION SECTION 00 ASSESSOR'S FARCE]. 111.232.1g1 Tentative Tract Map MAJOR LAND DIVISION nrown kW's' '4Wrir 11= 0 ERFAralf.Efil SI...7:411=74=1L`7013 0 '44ro'll7417.‘1".74;;;71::.77=7.71,`JrA 5.cnont.0.0 B & E ENGINEERS um: dEirms immum wa, FIANNA gjalintotaiii TENTATIVE TRACT MAP No. 72320 PITHECITIOFWESTCOV104 000,110,05FICA1F-5.07AlfOr CARO., .„„., PROJECT DATA: EXHIBIT- 16 VIII. Infrastructure, Utilities and Public Services Cadanera Specific Plan September 2013 52 Implementation and Administration 9.1 INFRASTRUCTURE AND PUBLIC SERVICE FINANCING Pursuant to the California Government Code, Section 65451(a) (4), the following describes the financing measures or programs necessary to finance the infrastructure and service requirements to support the Cadanera Specific Plan. A. Infrastructure: All private infrastructure improvements shall be funded entirely by the developer of the project. Public improvements shall be conditioned to be completed by the developer as determined appropriate by the City. The developer shall pay any applicable fees to the City of West Covina or other agencies if required for connection and/or capacity expansion fees (or other similar fees). The City of West Covina shall ensure and the Developer shall install adequate facilities available to serve the project prior to the issuance of an occupancy permit for any portion of the project consistent with the phasing policies described in Section 3.1 and Exhibit 6. B. Public Services: Consistent with the City of West Covina's requirements or mitigation measures identified in the Mitigated Negative Declaration, the project developer shall be required to pay fees or contribute to public service facilities on a pro rata share based on the project impacts to public services. Confirmation that the project has met it's fair share contribution to public services shall be required prior to the issuance of a building permit or occupancy permit, as determined by the Public Works Director. 9.2 APPLICATION PROCESSING At the time of the adoption of the Cadanera Specific Plan, concurrent applications shall be approved for overall site development through General Plan Amendment, Zone Change and Tentative Tract Map. The Application Processing Section is intended to provide the regulatory framework for any subsequent entitlements that shall be required and that is consistent with the West Covina Municipal Code. All other ordinances and sections of the City of West Covina Municipal Code shall also apply, unless such standards are inconsistent with the provisions of the Cadanera Specific Plan in which case the Specific Plan shall apply. 9.3 SPECIFIC PLAN MODIFICATIONS / MINOR ADJUSTMENTS In order to provide flexibility to the project review process, the Planning Department, without a public hearing, may approve through a Planning Director's Modification any minor adjustments to the project of a development standard for yards, setbacks and its architecture. 9.4 INTERPRETATION The Planning Director of the City of West Covina, or their designee, shall have the responsibility to interpret the provisions of the Cadanera Specific Plan. Cadanera Specific Plan September 2013 53 VIII I. Implementation and Administration 520 •I I I I jI 2t 1 i ' I • 1,120 I .14:,2 ; 14 ."A‘. 11,4A-'1 14.4,-1 ;1.5D2 ?1,!". i 1f,12 .' 15201i :!:24 i L... i .:_..........L...__±.____ ' ,. 1 I 1.‹.* 13441 I 1-- --..--1, I I 502 517 626 [-EService-Ave—I I- i111 in? E 1..45-kwood 'St. — ti3* " E'Eureset if111•01- 1 i 1 i t i . . 1 1.4t.itt 1,,..;Erl 11,1711_ ?.; !•i ii?::iii: . ,,41 ..,...:, i 1 ... -, i 161 ' i 1 ":* • ! I 1 —4 . \ i EXHIBIT B ZONE CHANGE NO. 13-03 fr2t:W`12.0,52010. DIA.! t.t.P t'mri..t.s...C•twityApiralsar.0 ustamar Datm.Telautas Change the zoning from "Single Family Residential" to Specific Plan No. 26 (Cadanera) ZACase Files\TRACT MAP\2013\72320 520 S Lark Ellen Ave 45 Unit\PC\ZC Exhibit B.doc ATTACHMENT 7 PLANNING COMMISSION RESOLUTION NO. 13-5537 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 72320 AND TREE REMOVAL PERMIT NO. 13-05 TENTATIVE TRACT MAP NO. 72320 TREE REMOVAL PERMIT NO. 13-05 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Jay Deckard and Phil Becerra, Warmington Residential LOCATION: 502 and 520 South Lark Ellen Avenue (Formerly St. Martha's Episcopal Church) 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 property into 45 residential condominiums and tree removal permit to remove significant trees on certain properties described as: Assessor's Parcel Number 8486-008-009 and 8486-002-008, in the records of the Los Angeles County Assessor; and WHEREAS, a tentative tract map (No. 72320) has been submitted for the subdivision of 51 lots to be developed with 45 single-family dwelling units; and WHEREAS, consistent with this request, the applicant has also requested a zone change (ZC No. 13-03) from "Single Family Residential" (R-1), Area District IIA to "Specific Plan No. 26" (Cadanera Specific Plan); and WHEREAS, the Planning Commission, upon giving the required notice, did on the 22 nd day of October, 2013, conduct a duly noticed public hearing to consider said application; and WHEREAS, studies and investigations made by this Commission and in its behalf reveal the following facts: Planning Commission Resolution No. 13-5537 Tentative Tract Map No. 72320 October 22, 2013- Page 2 1. The project consists of a development plan for the construction 45 single-family dwelling units on 5.7 acres. 2. The General Plan land use designation for the subject property is "Residential Low Medium" which allows up to 8 units per acre. The proposed density is 7.9 units per acre. 3. The project includes a zone change requesting to change the zone from "Single- Family Residential (R-1)" to "Specific Plan No. 26 (Cadanera Specific Plan)" that allows a density of 7.9 units per acres and lots that range in size from 2,805 square feet to 9,657 square feet. 4. The applicant is requesting approval of a tentative tract map to subdivide the site into 51 parcels. Forty-five lots would be developed with dwelling units and the remaining six lots would provide for a private street and common open space. 5. The applicant is requesting a tree removal permit to allow for the removal of significant trees per the Municipal Code including one California Sycamore tree and two Jacaranda trees that are located in the front yard area and are greater than one foot in diameter. 6. 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. 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., Z:\Resos\2013 Resos\ 13-5537 TTM 502-520 Lark Ellen Wannington Hornes.doc Planning Commission Resolution No. 13-5537 Tentative Tract Map No. 72320 October 22, 2013- Page 3 7. Pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, a MITIGATED 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 Planning Commission of the City of West Covina does resolve as follows: 1. On the basis of the evidence presented, both oral and documentary, for Tentative Tract Map No. 72320, the Planning Commission makes the following findings: a. With the approval of a Zone Change to adopt Specific Plan No. 26 (Cadanera Specific Plan), the approval of the tentative tract map is consistent with the City of West Covina General Plan. The proposed 45-unit development will be constructed to meet the development standards of the zone and the Uniform Building Code standards. b. The tentative tract map provides for a land use that is compatible With the "Residential Low Medium" land use designation for the subject site in the General Plan, and the provisions for design and improvements comply with the implementation policies and objectives of the Specific Plan. c. The site is physically suitable for the proposed density of development since it is surrounded by the Walnut Creek Wash / single-family homes and a church (South Hills Church of Christ) to the north, single and multi-family residences to the east, and single-family residences to the south along Larkwood Street and to the west across Lark Ellen Avenue. The proposed project is an infill project within an urbanized area. The site is 5.7-acres located within the "Residential Low Medium" General Plan land use designation that allows up to 8 dwelling units per acre. The project has been designed to meet all the development standards set forth in Specific Plan No. 26 that is applicable to the subject site. d. The subject site is physically suitable for the type and density of development proposed by the tentative tract map because the site is bounded by the Walnut Creek Wash / single-family homes and a church (South Hills Church of Christ) to the north, single and multi-family residences to the east, and single-family residences to the south along Larkwood Street and to the west across Lark Ellen Avenue. The project is an infill development within an urbanized area where the infrastructure to. support the project already exists. The site will be developed in accordance with the grading and construction requirements of the West Covina Municipal Code and the City Engineer. Z:\Resos\2013 Resos\13-5537 TTM 502-520 Lark Ellen Wannington Hornes.doc Planning Commission Resolution No. 13-5537 Tentative Tract Map No. 72320 October 22, 2013- Page 4 e. The subdivision design and type of improvements proposed in the tentative tract map are not likely to cause serious public health problems because the development and public improvements will be performed per the requirements of all applicable standards and codes, and the mitigation measures identified in Initial Study/Mitigated Negative Declaration related to lead based paint and asbestos. 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 California Building Code and other applicable requirements. g. The subdivision design and type of improvements proposed in the Tentative Tract Map will not conflict with easements. In addition, a sewer easement access will be preserved through the subdivision. 2. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, the tentative tract is approved subject to the provisions of the West Covina Municipal Code, provided that the physical development of the herein described property shall conform to said plan and the conditions set forth herein which, except as otherwise expressly indicated, shall be fully performed and completed or shall be secured by bank or cash deposit satisfactory to the Planning 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 map by the Planning Commission or City Council. 3. That 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 Planning Director, his affidavit stating he is aware of and accepts, all conditions of this resolution 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. 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. Z:\Resos\20I3 Resos\13-5537 TTIVI 502-520 Lark Ellen Warrnington Homes.doc Planning Commission Resolution No. 13-5537 Tentative Tract Map No. 72320 October 22, 2013- Page 5 5. That pursuant to all of the evidence presented, both oral and documentary, and further based on the fmdings above, Tentative Tract Map No. 72320 and Tree Removal Permit No.13-05 is approved subject to the following conditions: a) Comply with plans reviewed by the Planning Commission on October 22, 2013. b) That the project complies with all requirements of Specific Plan No. 26 (Cadanera Specific Plan) and all other applicable standards of the West Covina Municipal Code. c) These conditions of approval shall be printed on the working drawings submitted to the Building Division for review. d) Approval of Tentative Tract Map No. 72320 shall not become effective unless and until approval of Zone Change No. 13-03, and certification of the Negative Declaration of Environmental Impact by the City Council. e) Recordation of Final Tract Map with the Los Angeles County Recorder shall be required prior to issuance of building permits. Provide 2-foot overhang for turnaround at the end of the cul-de-sac. The three trees removed as requested in Tree Removal Permit No. 13-05 shall be replaced in a 2:1 ratio with two 36-inch box trees for each tree removed. The applicant shall indicate the location of the replacement trees on the Landscape Plan. h) Provide an open space amenities plan indicating the type and specifications of the play structure, barbeque grills, picnic tables with shade structures, and benches, prior to the issuance of building permits. Comply with the phasing plan as indicated in the Specific Plan. j) All perimeter walls and fences shall be installed prior to the issuance of building permit for the model homes. k) Prior to requesting a final inspection, the Planning Department shall inspect the development. 1) The proposed subdivision shall conform to West Covina Municipal Code Chapter 20 - Subdivisions. m) The approved use shall not create a public nuisance as defined under Section 15- 200 of the West Covina Municipal Code. Z:\Resos\2013 Resos\13-5537 TIM 502-520 Lark Ellen Wannington Hornes.doe Planning Commission Resolution No. 13-5537 Tentative Tract Map No. 72320 October 22, 2013- Page 6 n) The approved use shall be in compliance with the Noise Ordinance (Chapter 15). o) This approval shall become null and void if 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. 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. r) Comply with all requirements of the "Art in Public Places" ordinance (WCMC Chapter 17), prior to the issuance of building permits. Artwork shall be installed or required fee paid prior to issuance of Certificate of Occupancy. s) Comply with color and material boards. Construction plans shall indicate the color and materials proposed for the units. t) All houses located along the southerly boundary of the subject property including Lots 45, 42, 41, 38, 37, 33, 32, 29, 28, and 27 shall comply with the enhanced elevation plans approved by the Planning Commission including enhanced privacy features such as decorative opaque fixed windows, small clerestory ornamental windows, etc. u) Garages shall incorporate a minimum interior clear space of 20 feet by 20 feet. v) The rear yard setback for the houses shall be a minimum of 10 feet excluding Lot 22 which shall be 8-feet, 6-inches. w) The driveway length shall be a minimum of 20 feet excluding Lots 22, 24, and 25 which shall be a minimum of 18-feet, 1-inch (Lot 22), 19-feet, 6-inches (Lot 24), and 19-feet, 2-inches (Lot 25). x) Comply with Planning Commission Resolution (Design Standards for Security Gates) and the approved plans. 31) This approval does not include approval of signs; a separate sign permit shall be obtained. All signs shall be required to comply with the City of West Covina Sign Code. z) The location of new electrical transformers, vaults, antennas, mechanical and all other equipment not indicated on the approved plans must be approved by the Z:\Resos\2013 Resos\13-5537 TTM 502-520 Lark Ellen Wannington Homes.doc Planning Commission Resolution No. 13-5537 Tentative Tract Map No. 72320 October 22, 2013- Page 7 Planning Director prior to the issuance of building permit. Provide construction details prior to issuance of a building permit. aa) 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 Planning Department and the City Engineer. bb) All new gutters and downspouts shall not project from the vertical surface of the building pursuant to Section 26 :568 (a) (3). cc) Tankless Water Heaters are approved to be installed in the garage. If traditional water heaters are proposed, the Planning Department shall approve their location. dd) All new pole mounted parking lot lighting shall be accurately indicated on the grading plan and shall be located within landscaped or hardscaped area. Pole locations shall be accurately staked prior to installation by the Engineer. ee) 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 Planning Department and the City Engineer. if) Prior to the issuance of building pennits, the applicant shall submit a detailed wall and fencing plan to the Planning Director for review and approval. Fences and/or walls shall be constructed around all properties, as determined by the Planning Director. Said plan shall indicate the locations for all fences and walls, and shall further indicate the height, materials, and colors for all fences and walls. Perimeter block walls (retaining walls) shall be constructed of a decorative material, such as slump stone or split-face block. The wall and fencing plan shall include the location, design and materials. Wood fences shall include steel posts for maintenance purposes. gg) That prior to final building pennit approval, a detailed landscape and irrigation plan in compliance with AB 1881 shall be submitted for all planted areas to be affected by project. Plans shall include type, size and quantity of landscape materials and irrigation equipment. All vegetation areas shall be automatically irrigated and a detailed watering program and water budget shall be provided. All damaged vegetation shall be replaced and the site shall be kept free of diseased or dead plant materials and litter at all times. Z:\Resos\2013 Resos\l 3-5537 TTM 502-520 Lark Ellen Warmington Homes.doc Planning Commission Resolution No. 13-5537 Tentative Tract Map No. 72320 October 22, 2013- Page 8 hh) All trees shall be shown on the grading plan. The plan shall clearly indicate what trees are to be preserved and what trees are to be removed. ii) Trees proposed to provide screening along the southerly property line, adjacent to the single-family houses, shall be a minimum of 36" box in size and the species shall be approved by the City. Clinging vines shall be installed on all retaining or freestanding walls to assist in deterring graffiti. kk) An easement shall be dedicated along the southerly property line for the maintainance of the trees planted to screen the project from the neighboring residential neighborhood to the south. The HOA shall be responsible for the maintenance if the trees. 11) All new utilities shall be placed underground prior to issuance of -Certificate of Occupancy. All relocated on-site utility service lines shall be underground when the cost or square footage of an addition or alteration exceeds 50% of the existing value or area. WCMC 23-273. mm) 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. nn) 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. Z:\Resos\2013 Resos\13-5537 TTM 502-520 Lark Ellen Warmington Homes.doe Planning Commission Resolution No. 13-5537 Tentative Tract Map No. 72320 October 22, 2013- Page 9 oo) The CC&R's shall include the following: 1. No addition of habitable space is permitted. 2. The parking or storage of recreation vehicles, such as RV's, boats, trailers, fifth wheels, ATV's, etc, are prohibited. 3. Trash Storage Areas in the garages shall be permanently utilized for storing the trash and recycling containers. 4. The 12-foot turnaround spaces at the end of the drive aisles shall be permanently utilized as a turnaround and shall not be used or converted to parking spaces. 5. Clarification of rights and privileges granted by the Reciprocal Use Easement in the side yard between the units. 6. Easement rights for the HOA to allow access to maintain the Edge Screening trees along the southerly property line for Lots 45, 42, 41, 38, 37, 33, 32, 29, 28, and 27. The easement shall be a minimum of four feet in width. 7. Second-story balconies are prohibited, per the approved Specific Plan. 8. Provide access easements for Lots 8, 9, and for lots 26 and 27 in that they share a common driveway. 9. Mechanical equipment including AC condenser units shall be outside of the required setback. 10. Parking on private driveway (lots A) will be prohibited. PP) All common areas shall be owned, operated and maintained by the Home Owners Association. qq) The Home Owners' Association (HOA) shall be responsible for the maintenance of the common open space and all improvements. Any graffiti applied to the sound wall or any common wall shall be promptly removed by the Home Owners' Association. rr) Prior to the issuance of building permits, the applicant shall draft a Prospective Homebuyer's Awareness Package (PHAP), and submit it to the Planning Director for review and approval. Copies of signed copies of PHAP for all lots shall be submitted to the Planning Department. Such package shall include: 1. A standardized cover sheet as approved by the Planning Department. 2. Zoning and General Plan information. 3. School information. 4. Special assessment district information. Z:\Resos\2013 Resos\13-5537 TTM 502-520 Lark Ellen Wan -nington Homes.doc Planning Commission Resolution No. 13-5537 Tentative Tract Map No. 72320 October 22, 2013- Page 10 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. ss) 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. tt) Comply with the mitigation measures as outlined in the Initial Study/Environmental Assessment dated September, 2013 as follows: 1. Outdoor lighting shall be designed and installed with downcast shielding to reduce light impacts on adjacent properties. 2. Prior to issuance of a certificate of occupancy the applicant shall submit a lighting plan, including a photometric plan, to the Building Department for review and approval to ensure that new lighting will not "spill over" onto adjacent properties. 3. ha the event that archaeological resources are uncovered on the project site during grading or other construction activities, the developer must notify the West Covina Planning Department immediately and work must stop within a 100-foot radius until a qualified archeologist to be approved by the City, has evaluated the find. Construction activity may continue unimpeded on other portions of the project site. If the find is determined by the qualified archeologist to be a unique archeological resource, as defined by Section 2103.2 of the Public Resources Code, the site shall be treated in accordance with the provisions of Section 21083.2 of the Public Resources Code. If the find is determined not to be a unique archeological resource, no further action is necessary and construction may continue. The applicant shall bear the cost of implementing this mitigation. Z:\Resos\2013 Resos\13-5537 TTM 502-520 Lark Ellen Wan -nington Homes.doc Planning Commission Resolution No. 13-5537 Tentative Tract Map No. 72320 October 22, 2013- Page 11 4. If paleontological resources are uncovered during excavation of the project site, the City of West Covina Planning Department shall be notified immediately and work must stop within 100 feet of the find to allow a qualified paleontologist to appropriately remove the find. The applicant shall bear the cost of implementing this mitigation. 5. If during excavation of the project site human remains are discovered, the steps described in State CEQA Guidelines Section 15064.5(e) shall be followed. (1) There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: (A) The coroner of the County in which the remains are discovered must be contacted to determine that no investigation of the cause of death is required, and (B) If the coroner determines the remains to be Native American: 1. The coroner shall contact the Native American Heritage Commission within 24 hours. 2. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American. 3. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated gave goods as provided in Public Resources Code Section 5097.98, or (2) Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. The applicant shall bear the cost of implementing this mitigation. ZAResos\2013 Resos\13-5537 TTM 502-520 Lark Ellen Wannington Homes.doc Planning Commission Resolution No. 13-5537 Tentative Tract Map No. 72320 October 22, 2013- Page 12 (A) The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission. (B) The descendant identified fails to make a recommendation; or (C) The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. 6. The project shall be designed and constructed in accordance with the requirements of Chapter 16 (Structural Design) of the 2010 California Code of Regulations, Title 24, Part 2, Volume 2 (based on the International Building Code, Chapter 16, Section 1613 — Earthquake Loads), the West Covina Municipal Code, and accepted engineering practices. 7. Prior to start of soil-disturbing activities at the site, the project applicant shall obtain a General Permit for Discharges of Storm Water Associated with Construction Activity to comply with the National Pollution Discharge Elimination System (NPDES), to control erosion and pollution during construction of the project. The project applicant shall prepare and submit a Ston-n Water Pollution Prevention Plan (SWPPP) to be administered throughout project construction. The SWPPP must list Best Management Practice (BMP) features that the discharger (project applicant) will use to protect storm water runoff. Prior to issuance of any grading or building permits, the City of West Covina Department of Public Works shall approve the SWPPP. 8. The project applicant shall prepare and implement a Standard Urban Storm Water Mitigation Plan (SUSMP) in accordance with the requirements of the West Covina Municipal Code to ensure that storm water runoff is managed for water quality concerns through implementation of appropriate and applicable best management practices (BMPs). Prior to issuance of any grading or building permits, the City of West Covina Department of Public Works shall approve the SUSMP. Z:\Resos\2013 Resos\13-5537 TTM 502-520 Lark Ellen Wannington Homes.doe Planning Commission Resolution No. 13-5537 Tentative Tract Map No. 72320 October 22, 2013- Page 13 9. All unpaved demolition and construction areas shall be wetted during excavation, grading and construction, and temporary dust covers shall be used to reduce dust emissions and meet South coast Air Quality Management District Rule 403. Wetting could reduce fugitive dust by as much as 50 percent. 10. The Project Applicant or General Contractor shall keep the construction area sufficiently damp to control dust caused by construction, hauling and at all times provide reasonable control of dust caused by wind. 11. All materials transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust and spillage. 12. All clearing, earthmoving, or excavation activities shall be discontinued during period of high winds (i.e. greater than 15 mph), so as to prevent excessive amounts of fugitive dust. 13. Prior to issuance of grading permits, the project applicant shall submit to the City Engineering Division detailed plans demonstrating that all earthwork and grading, structural foundations, on-grade slabs, retaining walls, paving, temporary excavations and backfill, and surface drainage shall be designed and constructed consistent with the recommendations provided in the project geotechnical study. 14. Asbestos and lead-based paint surveys shall be conducted on the building to be demolished prior to the start of construction. In the event that asbestos and leadbased paint are detected, they shall be abated in accordance with all applicable rules and regulations. Abatement activities shall be completed to the satisfaction of the appropriate regulatory agency(ies) prior to issuance of demolition permits for the proposed project. Abatement of asbestos shall be conducted in accordance with SCAQMD Rule 1403, Asbestos Emissions from Demolition/Renovation Activities. 15. After project site grading and before construction of residential structures, soil samples shall be taken at the sites indicated as subject to Dieldrin contamination in the Phase II environmental site assessment. If the soil samples indicate the presence of Dieldrin in concentrations above the screening threshold of 0.035 parts per million, contaminated soils shall be removed and disposed of in accordance with applicable regulations. Z:\Resos\2013 Resos\ I3-5537 TTM 502-520 Lark Ellen Warmington Homes.doe Planning Commission Resolution No. 13-5537 Tentative Tract Map No. 72320 October 22, 2013- Page 14 16. Appropriate erosion control and drainage devices shall be incorporated to the satisfaction of the Building Division, such as interceptor terraces, berms, vee-channels, and inlet and outlet structures. 17. All waste shall be disposed properly. Use appropriately labeled recycling bins to recycle construction materials including: solvents, water-based paints, vehicle fluids, broken asphalt and concrete, wood, and vegetation. Nonrecyclable materials/wastes shall be taken to an appropriate landfill. Toxic wastes must be discarded at a licensed regulated disposal site 18. Leaks, drips and spills shall be cleaned up immediately to prevent contaminated soil on paved surfaces that can be washed away into the storm drain. 19. Where truck traffic is frequent, gravel approaches shall be used to reduce soil compaction and limit the tracking of sediment into streets. 20. All vehicle/equipment maintenance, repair, and washing shall be conducted away from storm drains. All major repairs shall be conducted off-site. Drip pans or drop cloths shall be used to catch drips and spills. 21. The Project applicant shall implement stormwater BMPs to retain or treat the runoff from a storm event producing 3/4 inch of rainfall in a 24-hour period. The design of structural BMPs shall be in accordance with the Development Best Management Practices Handbook, Part B - Planning Activities. A signed certificate from a California licensed civil engineer or licensed architect that the proposed BMPs meet this numerical threshold standard is required. 22. Post development peak stonnwater runoff discharge rates shall not exceed the estimated pre-development rate for developments where the increase peak stonnwater discharge rate will result in increased potential for downstream erosion. 23. Any connection to the sanitary sewer shall have authorization from the Bureau of Sanitation. 24. Materials with the potential to contaminate stonuwater must be: (1) placed in an enclosure such as, but not limited to, a cabinet, shed, or similar structure that prevents contact with runoff spillage to the stonnwater conveyance system; or (2) protected by secondary containment structures such as berms, dikes, or curbs. Z:\Resos\2013 Resos\13-5537 TTM 502-520 Lark Ellen Warmington Homes.doe Planning Commission Resolution No. 13-5537 Tentative Tract Map No. 72320 October 22, 2013- Page 15 25. Storage areas shall be paved and sufficiently impervious to contain leaks and spills. 26. All storm drain inlets and catch basins within, and immediately adjacent to the Project Site, as permitted and approved by the Department of Public Works, must be stenciled with prohibitive language (such as "NO DUMPING — DRAINS TO OCEAN") and/or graphical icons to discourage illegal dumping. Legibility of stencil and signs must be maintained at all times. 27. An efficient irrigation system shall be designed to minimize runoff, including: drip irrigation for shrubs to limit excessive spray; shutoff devices to prevent irrigation after significant precipitation; and flow reducers. 28. To the extent feasible, construction activities shall be scheduled so as to avoid operating several pieces of heavy equipment simultaneously, which causes high noise levels. 29. The construction staging area shall be located as far as feasible from sensitive receptors. 30. All construction equipment shall be stored on the project site during the construction phase to eliminate daily heavy-duty truck trips on vicinity roadways. 31. Project construction shall comply with the requirements of the Building Department and the Uniform Building Code regarding interior noise levels. 32. Noise-generating equipment operated at the project site shall be equipped with the most effective noise control devices, i.e., mufflers, lagging, and or motor enclosures. All equipment shall be properly maintained to assure that no additional noise, due to worn or improperly maintained parts, would be generated. 33. The project shall be in compliance with the West Covina Municipal Code Noise Ordinance Sections 15-83 through 15-86. 34. Prior to issuance of a Certificate of Occupancy, the project applicant shall obtain approval from the West Covina Fire Department that the project complies with all applicable City codes and regulations pertaining to fire protection as required by the West Covina Fire Depai talent. Z:\Resos\2013 Resos\13-5537 TTM 502-520 Lark Ellen Warrnington Hornes.doc Planning Commission Resolution No. 13-5537 Tentative Tract Map No. 72320 October 22, 2013- Page 16 uu) Engineering Division 1. Comply with all conditions contained in Planning Commission Resolution No. 567. Which outlined the requirements of grading, street improvement, exterior lighting, water supply, all bonds, trees, landscaping, drainage, and building related improvements, etc. 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 improvements shall include that portion of Lark Ellen Avenue contiguous to subject property. 4. All existing concrete driveway approaches and wheelchair ramps shall be removed (if required) and reconstructed to meet current ADA requirements. 5. All damaged concrete curbs, gutters, sidewalk, etc., shall be removed and reconstruct per City standard. 6. The developer shall either deposit $12,000 prior to the issuance of building permits or provide street rehabilitation work up to centerline of Lark Ellen Avenue contiguous to subject property. 7. The access rights to lots "C" and "D" from Lark Ellen Avenue shall be dedicated to the City. 8. Five-foot wide sidewalks with trees shall be constructed along Lark Ellen Avenue adjacent to curb contiguous to subject property with street trees with irrigation at the back of sidewalk. 9. Adequate provision shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 10. 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. 11. 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. Z:\Resos\2013 Resos\13-5537 TTM 502-520 Lark Ellen Wannington Homes.doc Planning Commission Resolution No. 13-5537 Tentative Tract Map No. 72320 October 22, 2013- Page 17 12. Private street improvements shall comply, with Municipal Code Chapter 19, Article 8, and Planning Commission Resolution No. 2519. 13. Prior to (issuance of Building Permit) (approval of a final map), all of the following requirements shall be satisfied: 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 Department and Engineering Division. b) A parking lot lighting plan showing electrolier types and locations, average illumination levels, points of minimum illumination and photometric data in confonnance with Planning Commission Resolution No. 2513 and as requested shall be submitted to and approved by the City Engineer. c) 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 cost estimates, required fees shall be paid and improvement securities for all on-site and off-site improvements (except buildings) and 100% labor/material securities for all off-site improvements, shall be posted prior to final approval of the plans. 14. The proposed subdivision shall conform to West Covina Municipal Code Chapter 20 - Subdivisions. 15. Comply with all regulations of the Los Angeles Regional Water Quality Control Board and Article II of Chapter 9 of the West Covina Municipal Code concerning Stormwater/Urban Run-off Pollution control. 16. 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. The estimated park fee is about $492,750 [438 x No. of lots x unit price of a developed lot ($25/sq ft)]. 17. Conduct sewer capacity study of existing sewer facilities to serve proposed development. 18. Geotechnical Investigation Reports. ZAResos\2013 Resos\13-5537 TTM 502-520 Lark Ellen Warmington Homes.doc Planning Commission Resolution No. 13-5537 Tentative Tract Map No. 72320 October 22, 2013- Page 18 19. Parking on private driveway (lots A) will be prohibited except where parking is designated. and shown on the approved site plan and/or tentative tract map. 20. Provide access easement for Lots 8, 9, 26 and 27 in that they share a driveway. vv) Fire Department 1. Contact Jason Briley of the West Covina Fire Department at (626) 338- 8800 for Fire requirements. ww) Building Division 1. All Conditions of Approval as approved by the Planning Commission shall appear as notes on the plans submitted for building plan check and pen-nits. 2. Building design shall comply with the 2010 California Residential Code for single-family occupancy. 3. Separate application(s), plan check(s), and permit(s) is/are required for: a. Grading (see Engineering Division for requirements) b. Demolition work c. Retaining walls (see Engineering Division for requirements) d. Block walls exceeding 6 feet in height e. Fire sprinkler (see Fire Department Prevention Bureau for requirements) f. Each separate structure/building g. Plumbing b. Mechanical i. Electrical 4. Complete structural plans with calculations will be required. Submit design for review at formal plans review. 5. Compliance to California T-24 Energy regulations will be required. Submit design for review at formal plans review. 6. A soils and geology report is required to address the potential for and mitigation measures of any seismic induced landslide/liquefaction. Soils report shall address foundation design and site preparation requirements. Z:\Resos\2013 Resos\13-5537 TIM 502-520 Lark Ellen Warmington Homes.doc Planning Commission Resolution No. 13-5537 Tentative Tract Map No. 72320 October 22, 2013- Page 19 7. Sanitation District Industrial Waste approval or waiver is required. Please contact (562) 699-7411, Ext 2900 for additional information. 8. School District Fees will be applicable. Please contact the applicable school district for amount. 9. All new on-site utility service lines shall be placed underground. All relocated on-site utility service lines shall be underground when the cost or square footage of.an addition or alteration exceeds 50% of the existing value or area. WCMC 23-273. 10. Fire Sprinklers will be required for the individual single-family homes. Design and installation shall comply with NFPA 13D Standards and CRC § R 313.3. Submit plans to Fire Department for separate permits." 11. The final map shall be recorded prior to the issuance of any building permit. 12. Design Consideration: Current Code limits the sizes of unprotected openings in terms of windows, doors, vents, etc. when the exterior walls are less than 5'-0" to the property lines. This may be an issue for this project. Z:\Resos\2013 Resos\13-5537 TTM 502-520 Lark Ellen Wannington Homes.doc Planning Commission Resolution No. 13-5537 Tentative Tract Map No. 72320 October 22, 2013- Page 20 I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning Commission of the City of West Covina, at a regular meeting held on the 22 nd day of October, 2013, by the following AYES: Castellanos, Menefee, Valles, Blackburn NOES: None ABSENT: Holtz ABSTAIN: None DATE: October 22, 2013 EXPIRATION DATE: October 22, 2015 if not used. Gerald Menefee, Chairman Planning Commission JePfAhderson, Secretary Planning Commission ZAResos\2013 Resos\13-5537 UM 502-520 Lark Ellen Wannington Homes.doc ATTACHMENT 8 SPECIFIC PLAN COMPARISON CHART Issues l'uposed YO00- sprisq.. all(,tgUnet ,Sz Franeiquit()) ienUft arve & leeker Llreekside Pacific Park , - Comstock (Azusa A.,e),1' acme:: at kroma D PC 2013 2012 2005 2003 2003 2002 2002 2000 Approval Units 45 19 Units 20 Units 35 Units 14 Units 58 Units 45 Units 57 Units Side Setback 4'-0" for 38 5'-4" for 1 6'-0" for 4 8'9" for 1 13'6" for 1 3' 3" 5, 5 5' 5' 5' 5' Rear Setback 10'-0" for 22 13' 12'-6" for 2 14'-4" for 2 18'-6" or greater for 19 12' for 12 lots 22' for 8 lots 15' to unit, 5' to Patio cover 10' (9 lots less than 15') 10' (3 lots less than 15') 10' (All are 15') ZACase Files\TRACT MAP\2013\72320 520 S Lark Ellen Ave 45 Unit\PC\West Covina - Specific Plan Setback Comparison Chart.doc Pacific Park (Aroma D Proposed Project Brandywine Homes Valinda Ave) Sienna (Garvey & Meeker Creekside (Comstock Pacific Park West Sunset Walk Sunset & Francisquito) Driveway Length 18'-2" for 1 19'-4" for 2 20'-0" for 36 23'-2" for 2 36'-0" for 1 66'-0" for 2 20' 20' 18' 20' 20' 20' 20' Front Setback 4'-0" to 10' porch for 2 8'-9" or greater to porch for 43 10'-0" or greater to living (residence) 12' None 10' stated in specific plan 10' to residence 8' to 8' to residence residence Smallest Lot 2,805 sq.ft. 3,112 sq.ft 3,384 sq.ft. 2,014 sq.ft 3,767 sq.ft 4,510 sq.ft 3,350 sq.ft 3,015 sq.ft Average Lot 3,735 sq.ft. 3,451 sq.ft 3,931 sq.ft. 2,976 sq.ft 4,266 sq.ft 5,497 sq.ft 5,806 sq.ft 3,473 sq.ft Largest Lot 9,657 sq.ft. 5,035 sq.ft 4,813 sq.ft. 6,264 sq.ft 5,248 sq.ft 9,669 sq.ft 10,866 sq.ft 5,285 sq.ft ZACase Files\TRACT MAP\2013\72320 520 S Lark Ellen Ave 45 Unit\PC\West Covina - Specific Plan Setback Comparison Chart.cloc laffiliates ;archaeology his,lory ethnography architewa'l histot,„ historic-al nrchileclure ATTACHMENT 9 October 22, 2013 Phil Bacen-a Warmington Residential • 3090 Pullman St. Costa Mesa, CA 92606 Re: Response to Comments for the MND Project for the Lark Ellen Residential Project, West Covina, Los Angeles County, California Dear Mr. Bacerra: On behalf of ASM Affiliates, Inc. (ASM), I have reviewed the letters submitted by the public voicing concerns about the adequacy of ASM's Historic Resources Evaluation Report (FIRER) for the St. Martha's Episcopal Church complex and Dove. Residence - and Day School. I personally conducted the evaluation of these buildings, as ASM's Senior Architectural Historian. I have more than 16 years of professional experience in the field of historic preservation, including 8 years as an Historian with the • National Register of Historic Places. In 1998, I was one of the founders of the Recent Past Preservation Network, a national non-profit preservation organization concerned with historic resources of the recent past. I exceed the Secretary of the Interior's Professional Qualification standards for history and architectural history. While St. Martha's Episcopal Church is clearly an example of Modern architecture, it is my professional opinion that is simply a typical example of the style but not such a distinctive example that it rises to the level of eligibility for local, state, or national designation. Although many excellent examples of Modern architecture have been lost throughout Southern California, numerous other examples remain. Because of the prevalence of the Modern style in the mid- twentieth century, and the prevalence of buildings that remain, evaluation . of Modern resources must be made by comparing other extant resources. • Although a relatively recent historic context for West Covina was conducted in 2006, it does not extend beyond 1946 and so it does not include much of the Modernism movement. We evaluated St. Martha's potential architectural significance within the broad classification of Modern architecture (rather than possible Modern sub-styles identified in other cities such as Los Angeles), because a more specific mid-century architectural context for West Covina has yet to be developed. ASM conducted research to identify other local examples of Modern architecture; to be able to properly evaluate the relative significance, of St. Martha's. As noted in the Methodology section of our Historic Resource Evaluation Report, ASM utilized City Directories, historic aerial photographs, and the local history files at the West Covina public library (including newspaper clippings), to identify other buildings constructed in the Modern style. ASM identified .15 other churches as well as other public and commercial. buildings constructed contemporaneously to St. Martha's. • Using these properties as comparative examples, ASM conducted a reconnaissance level survey of those .other •resources. In so doing, we established that Modem churches are not a rare resource within the local context, and as 'such, eligible resources must represent not just typical examples of the style,.but distinctive examples. ASM Corporate: 203'l Corte Del Nagai, Carlsbad, CA 92011 • (760) R04-5757 • Fax: (760) 8041 5755 Office Locations: Pasadena, Sacramento & Tehachapi, CA • Boise, ID' Reno 8, Las Ve gas, NV Salt Lake City, UT • Stanwood. WA - Che yenne, WY www.asmacilliates.com October 22, 2013 Mr. Phil Bacen-a Page 2 of 3 identified four of those 15 churches that we consider better examples of the Modern style. ASM's Assessment that these sources are better examples is based upon visual observation and our professional expertise and knowledge, conducting a visual assessment of the buildings grounded in an understanding of architectural history. Conducting further property specific research, such as exact dates of construction and architects, was unnecessary to render a professional opinion. The approximate dates of construction could be ascertained from City Directories and historic aerial photographs, with all completed between 1949 and 1966. Identifying the architects of these comparable examples would not impact our evaluation—except to further strengthen the potential significance of other examples that might have designed by a master architect. A couple of the letters noted secondary resources that St. Martha's is included in. St. Martha's is included in David Gebhard and Robert Winter's guide to architecture in Los Angeles County. While that source is helpful in identifying information on area architecture, inclusion in the book does not equate with eligibility. Gebhard/Winter included only minimal information about St. Martha's, stating "Very exotic, the facade is enriched by metal stars suspended a couple of feet in front of the walls and held in place by wires." The only feature of note—the stars—are no longer extant. The article in the December 1956 issue of Architectural Record depicts only a rendering of the proposed church (as it was not completed until 1959 Both that article and the references to St. Martha's in Religious Buildings for Today (1957) are from contemporary publications (albeit based in renderings, not the completed building), and are most useful in establishing perspectives on the building at the time of its construction. However, the basis of ASM's evaluation of St. Martha's is rooted in historical perspective. A building must be evaluated considering the historic context of Modernism in West Covina and the extant buildings that are related to that context today. Although not cited in our report, during our research ASM also identified excellent examples of Modernism in West Covina among other property types, including the West Covina City Hall (1969), West Covina Library (1961), and Reynolds Buick (1964). Those examples were not cited in our report simply because there were so many other better examples of the style within the same property type (churches) to use for comparison. Finally, ASM conducted sufficient research into the career of the architect of the church, Carleton M. Winslow, Jr, to make the conclusion that his career as an architect was not so distinguished that he can be considered a master. Winslow specialized in churches, but spent a considerable amount of his professional career teaching, and did not generate a prolific amount of work. Winslow is only included in the 1956 and 1962 editions of the American Architects Directory (a historical directory of the American Institute of Architects), with only a few principal works listed. St. Martha's was not included among his principal works in the 1962 entry. By 1970, Winslow only included his address. ASM fully evaluated St. Martha's church as potential CEQA historic resource. CEQA states: Any object, building, structure, site, area, place, record, or manuscript which a lead agency determines to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California may be considered to be an historical resource, provided the lead agency's determination is supported by substantial evidence in light of the whole record. Generally, a resource shall be considered by the lead agency to be "historically significant" if the resource meets the criteria for listing on the California Register of Historical Resources (Pub. Res. Code, 5024.1, Title 14 CCR, Section 4852) including the following: (A) Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; (B) Is associated with the lives of persons important in our past; October 22, 2013 Mr. Phil Bacen-a Page 3 of 3 (C) Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or (D) Has yielded, or may be likely to yield, information important in prehistory or history. The fact that a resource is not listed in, or determined to be eligible for listing in the California Register of Historical Resources, not included in a local register of historical resources (pursuant to section 5020.1(k) of the Public Resources Code), or identified in an historical resources survey (meeting the criteria in section 5024.1(g) of the Public Resources Code) does not preclude a lead agency from determining that the resource may be an historical resource as defined in Public Resources Code sections 5020.1(j) or 5024.1. ASM affirms our recommendation that St. Martha's is a typical but not distinctive example of Modern architecture, nor does it represent the work of a master architect, and therefore it is not eligible under Criterion C for the National Register of Historic Places, Criterion 3 for the California Register of Historical Resources, nor as a West Covina Landmark under criteria C or D (as stated on pages 25 and 26 of ASM's HRER). As such, ASM further recommends that St. Martha's is not a CEQA historical resource (as stated on page 35 of ASM's HRER). Respectfully submitted, Shannon Davis Senior Architectural Historian ASM Affiliates 260 S. Los Robles Suite 106 Pasadena, CA 91101 sdavisasmaffiliates.com 626-793-7395 LOS ANGELES CONSERVANCY Submitted electronically Ron Garcia, Planning Associate 1444 W. Garey Avenue West Covina, CA 91790 Email: ron.garciaPiArestcovina.org October 21, 2013 RE: St. Martha's Episcopal Church, 520 S. Lark Ellen Avenue, West Covina—Lark Ellen Residential Project MND Dear Mr. Garcia: On behalf of the Los Angeles Conservancy, we submit these comments on the historical significance of the former St. Martha's Episcopal Church at 520 S. Lark Ellen Avenue and the need for a full environmental impact report (EIR) prior to the approval of any project that would adversely impact the building. While the Conservancy was not aware of the review comment period and deadline of October loth, the issue has recently come to our attention and we consider this to be a significant historical resource. The proposed project will demolish this structure and thus result in significant impacts, whereby the California Environmental Quality Act (CEQA) calls for the need to identify and consider preservation alternatives. The Mitigated Negative Declaration's (MND) conclusion that the project will have "no impact" on historical resources is based on a deeply flawed Cultural Resource Report lacking thorough research and contextual analysis and containing unsupported conclusions. I. Significance of St. Martha's Episcopal Church and Carleton M. Winslow, Jr. St. Martha's Episcopal Church is a significant example of postwar modern church design in the city of West Covina. The MND dismisses the architectural significance of the church, yet fails to mention that St. Martha's has been profiled in both national and local publications which both attest to the quality of its design and place it in the national context of modern church design. Architectural Record, one of the nation's leading architecture journals, selected St. Martha's Church as a noteworthy example of ecclesiastical modernism to be profiled in its building types study of religious buildings in December 1956. The following year, St. Martha's was one of 35 outstanding churches and synagogues from throughout the world profiled in the 1957 publication Religious Buildings for Today, published through the auspices of the American Institute of Architects. Additionally, St. Martha's has been consistently profiled in all five editions (ranging from 1965 to 2003) of An Architectural Guidebook to Los Angeles by David Gebhard and Robert Winter; it is the only structure in West Covina highlighted in these popular architecture guides. St. Martha's Episcopal Church, designed by local architect Carleton Winslow, Jr. and completed in 1958, is significant as an example of postwar modern church design in the city of West Covina that reflects a national context of modern design utilized for houses of worship. As a building type, houses of worship underwent significant transformation during the postwar era with both religious organizations and architects embracing new forms and building materials to express ancient concepts. Postwar growth, particularly in suburban communities such as West Covina and the greater San Gabriel and Pomona Valleys, fueled a substantial increase in the construction of modern houses of worship. St. Martha's rectangular-plan structure is characterized by its simple design and flat roof, but utilizes key elements associated with the modern movement. The nave's simplicity is accentuated by the building's structural post and beam construction of laminated wood beams, which is expressed on both the interior and exterior. Extensive glazing allows for dramatic illumination of the sanctuary, while the roof plane extends to form deep eaves as a form of integrated solar shading. Lighting and ventilation are also carefully planned as part of the church's modern design. Pendant lights with cylindrical lamps accentuate the measured rhythm of both the structural posts and glazing system. Jalousie windows are employed in specific sections of the grid-like window system, some spanning floor to ceiling, for maximum ventilation beyond that which was typically provided in traditional church design. A further distinction of St. Martha's Church is the Asian influence of its design. The entirely exposed post and beam configuration at the church's entrance, modified with a second pair of inner posts, is suggestive of a torii, a traditional Japanese gate used to mark the entrance to a sacred space. Such incorporation of stylized Asian influences in modern architectural designs became more frequent throughout the decade of the 1960s, and is a novel design element of St. Martha's that retains a symbolic link to its historical function. A less apparent, yet significant aspect of modern architecture embodied in the design of St. Martha's is its simplified design, which translated to a reported price tag of 870,000.i The often simplified designs of modernism that eschewed extraneous decorative detailing were particularly attractive to parishes with limited budgets, whereas traditional designs with decorative detailing could be cost prohibitive. Carleton Winslow, Jr., while not as well known as his architect father, was a skilled local architect who specialized in ecclesiastical design. Some of his designs throughout Los Angeles County include St. Mark's Episcopal Church (1955) at 14646 Sherman Way in Los Angeles, Crenshaw Christian Church (1957) at 9550 Crenshaw Boulevard in Inglewood, and Pacific Unitarian Church (1965) at 5621 Montemalaga Drive in Rancho Palos Verdes. Winslow was a proponent of modern design for houses of worship; some of his designs included such innovative features as a revolving altar at St. Mark's in Los Angeles. Architecturally, Winslow's modern churches are emblematic of the modernism embraced in greater postwar Los Angeles; his Pacific Unitarian Church is profiled in the photographic monograph Modernism Rediscovered, which celebrates the postwar built environment through the photography of Julius Shulman. The 1VIND's conclusion that the project will have "no impact" on historical resources is not supported by substantial evidence Despite the MND's summarizing statement that St. Martha's Episcopal Church complex is recommended ineligible, both individually and as contributors to a historic district based upon "careful consideration of their ability to the historic contexts with which they are associated," the evaluation fails to reference any of the architectural publications in which St. Martha's has been profiled, indicating an absence of research.ii Additionally, unsupported blanket statements in the "Evaluation of Significance" section of the MND make findings of ineligibility, yet are not substantiated with evaluation that properly applies California Register criteria. The MND states "while the St. Martha's Episcopal Church can be classified as an example of Modem architecture from the late 1950s in West Covina and Los Angeles County, it does not sufficiently embody distinctive characteristics of that architectural style, or as a particular type, period, or method of construction, that distinguish it architecturally in comparison to similar churches." The evaluation indicates that this finding was based on an informal reconnaissance survey of 15 other modern churches in West Covina, and the MND subjectively concludes that "several were noted to be better examples of the Modern style, period, and method of construction" without providing further details.i , In applying Criterion C/3 of the National and California Registers, the evaluation of St. Martha's architectural significance should not be based on an informal, comparative survey of other modern churches in West Covina, but rather, on research and analysis that examines the subject property in the historical context of postwar modern church design. In another similar instance, the evaluation of architect Carleton Winslow, Jr. in the MND is briefly stated as "a member of the ATA who specialized in churches, but was not a prolific architect and taught and wrote about architectural history. Winslow's career is not so distinguished as to consider him a master architect." No in-depth research has been provided to indicate the scope of Winslow's career, his extant body of work, his writing and theories on ecclesiastical design, or the innovations or influence associated with his career. III. Conclusion A key policy under CEQA is the lead agency's duty to "take all action necessary to provide the people of this state with.. .historic environmental qualities.. .and preserve for future generations.. .examples of major periods of California history.", Indeed, CEQA review has proven to be one of the most effective tools that we have to stanch the erosion of our cultural heritage. It can prevent irreversible losses through careful consideration of alternatives that achieve most of the project objectives while avoiding significant impacts on the environment. With regard to St. Martha's Church, there is ample opportunity for development on the site while retaining and adaptively reusing the historic church. Were urge the city to reject the MND and require the preparation of an EIR for this project, as clearly mandated under CEQA. About the Los Angeles Conservancy: The Los Angeles Conservancy is the largest local historic preservation organization in the United States, with nearly 6,500 members throughout the Los Angeles area. Established in 1978, the Conservancy works to preserve and revitalize the significant architectural and cultural heritage of Los Angeles County through advocacy and education. Thank you for the opportunity to comment on the Mitigated Negative Declaration for the Lark Ellen Residential Project. Please do not hesitate to contact me at (213) 430-4203 or afinePlaconservancv.org should you have any questions or concerns. Sincerely, AMA Satifritit Adrian Scott Fine Director of Advocacy "Episcopal Churches Push Building Program." Los Angeles Times, August 15, 1956. Lark Ellen Project, West Covina MND (September 2013), V-39. Lark Ellen Project, West Covina MND (September 2013), V-38. iv Lark Ellen Project, West Covina MND (September 2013), V-38. PRC §21001 (b), (c). Ron Garcia From: Sent: To: Subject: Adriene Biondo [adrienebiondo@gmail.corn] Tuesday, October 22, 2013 12:33 AM Ron Garcia MND for St. Martha's Church, 520 Lark Ellen Ave., West Covina, proposed Lark Ellen Residential Project October 21, 2013 Ron Garcia, Planning Associate 1444 W. Garey Ave. West Covina, CA 91790 ron. Er, arciawestcovina.org Re: MIND for St. Martha's Church, 520 Lark Ellen Ave., West Covina Dear Mr. Garcia: I am writing to express my concern regarding the erroneous findings in the Mitigated Neg Dec for St. Martha's Church located at 520 Lark Ellen Avenue in West Covina. The MND implies that this beautiful example of Mid-Century Modern ecclesiastical architecture is not a significant historic resource. A full Environmental Impact Report should be required to allow a complete review of the impacts of the proposed Lark Ellen Residential Project proposed for the site. In reviewing the MIND, it incorrectly states that St. Martha's "...does not sufficiently embody distinctive characteristics of that [Modern] architectural style, or as a particular type, period, or method of construction, that distinguish it architecturally in comparison to similar churches." It appears that the information and analysis upon which this conclusion is based is incomplete as well as flawed. St. Martha's Church not only is an outstanding example of Mid-20th Century Modern architecture but was published in Architectural Record in 1956 as well as referenced in the distinguished Los Angeles: An Architectural Guide, by Robert Winter and David Gebhard. As Chair Emeritus of the Los Angeles Conservancy's Modem Committee, I urge that an in-depth Environmental Impact Report be undertaken with a thorough study of the resource and architect of record. Southern California is losing modernist architecture at an alarming rate and the City of West Covina is home to unique historic buildings such as St. Martha's which should be respectfully considered in future planning decisions. Thank you for your consideration. Please contact me if I can furnish additional information or answer any questions. Sincerely, Adriene Biondo 17125 Lisette St. Granada Hills, CA 91344 (818) 943-6621 1 ALAN HESS ARCHITECT 4991 CORKWOOD LANE IRVINE, CA 92612 949 551 5343 alanllanhcsc net www.alanhess.net October 21, 2013 Ron Garcia, Planning Associate 1444W. Garey Avenue West Covina, CA 91790 Email: ron.garcia@westcovina.org Re: West Covina-Lark Ellen Residential Project MND/St. Martha's Church, 520 Lark Ellen Ave. Dear Mr. Garcia: I am writing to alert you to serious flaws in the MND concerning St. Martha's Church. These fundamental flaws negate the MND's conclusion that this building is not a significant historic resource. A full environmental impact report is called for in order to assess the actual impact of the proposed development. The MND states that St. Martha's "does not sufficiently embody distinctive characteristics of that [Modern] architectural style, or as a particular type, period, or method of construction, that distinguish it architecturally in comparison to similar churches." The MND's facts and analysis on which this opinion is based are incomplete, inaccurate, and taken out of context. St. Martha's is, in fact, an excellent example of Midcentury Modern architecture, designed by an architect of note, and an example of historic trends in Southern California and West Covina in an important period of change. I write to you as an architect and historian, and author of nineteen books, several on Southern California's twentieth century Modern architecture. I have also written on architecture for the Los Angeles Review of Books, The Architect's Newspaper, The Los Angeles Times, Architectural Digest, the Journal of the Society of Architectural Historians, and other journals. I have been the architecture critic of the San Jose Mercury News since 1986, received a grant from the Graham Foundation for Advanced Studies in the Fine Arts, and was a National Arts Journalism Fellow at Columbia University. My resume is attached. The MND's assumption that St. Martha's lacks significance is based on a comparison to four churches in the area, which it summarily but without explanation states are "noted to be better examples of the Modern style, period, and method of construction, specifically First Baptist (1100 E. Cameron), St. Christopher's Roman Catholic Church (629 S. Glendora), Congregational Church (1551 E. Badillo), and the Shepherd of the Valley (1030 E. Merced)." I have reviewed these examples, and as a historian and architect I can state that none rises to the level of St. Martha's design quality. In a serious methodological flaw, the MND cites no source for the claim that these four churches are better examples. Nor does it list the dates or architects of these buildings for proper comparison to St. Martha's. This failure undermines the MND's conclusion that the proposal would have no impact on a historic resource. While all four churches are Modern, and use elements common in the midcentury period, they vary greatly in originality of concept and skill of execution compared to St. Martha's. First Baptist is an example of a distinctly different architectural style, Organic Modernism, seen in its angular geometry; St. Christopher, similar to several other Catholic churches of the midcentury, is Modern but without the conceptual sophistication of St. Martha's; the Congregational church utilizes a truncated A-frame structure, but does not integrate natural light as does St. Martha's; Shepherd of the Valley is a clean but unremarkable example of a Modern gabled structure with decorative facade elements. The design of St. Martha's stands above these in sophistication. The simplicity of its rectangular geometry should not be interpreted as a less evolved design; Modernism often used simple geometric shapes to convey beauty and function. The actual sophistication of this design can be seen in the many carefully considered details and materials articulating that geometry. For example the variety of materials (wood, glass, stucco) used on the exterior reflects the variety of functions inside; the sacristy at the west end is opaque, the nave is open to light. The use of three distinct types of glass (colored translucent glass, clear clerestory windows, and jalousie windows) shows the architect's care in manipulating light to enhance the interior space. The regular system of post and beam frames are carefully exposed to reveal the structure truthfully, and to add integral ornamental elements derived from structure. They also echo Japanese torii gates, symbolic of sacred spaces, and a reflection of the influence of Oriental architecture in California. The facade's original screen of suspended crosses, set behind the off-center cross, created a distinguished public face for the church. Notable also are St. Martha's design elements responding to environmental needs: the jalousie windows are for ventilation, and the wide eaves shelter the walls and glass from the sun. These are examples of how Modern architecture integrated function into the design. In addition, the MND does not evaluate the fact that St. Martha's is a master planned campus with at least four buildings by the same architect. The existence of an intact campus grouping of Modern buildings is significant. These buildings intentionally create a careful relationship amongst themselves to support the campus' purpose. Each of these design elements at St. Martha's (the manipulation of natural light, the control of sun and ventilation, the clear expression of structure and materials, the simple geometry, the integral ornamentation) are distinctive expressions of Modern architecture. These facts contradict the MND's conclusion that St. Martha's "does not sufficiently embody distinctive characteristics of that [Modern] architectural style." Likewise, the MND does not adequately assess the importance of the architect of St. Amrtha's, Carleton Winslow, Jr. He was, in fact, a published architect, and was noted in the field of religious architecture and academics. There are many more elements of the design which I could list that distinguish St. Martha's from the other four churches mentioned in the MND. For example, its Modern design reflects the confidence of a broad spectrum of citizens of this era that they were building a better future. But for the sake of brevity, I will mention one further fact, unexplored in the MND, that underscores the uniqueness of this historic resource: St. Martha's has been recognized nationally by professionals as a significant example of Modern architecture since 1956, when it was published in Architectural Record, a leading national architectural journal of the day. It was thereafter republished in a book on notable religious architecture, published by F.W. Dodge in 1957. It is also listed in the respected guidebook, Los Angeles: An Architectural Guide, by Robert Winter and David Gebhard (Salt Lake City: Gibbs Smith, Publisher, 1994, p 435.) It is significant that none of the other churches compared to St. Martha's in the MND are listed in this recognized guidebook, nor does the MND list any national publications that refer to them as architectural examples. This further undermines the MND's conclusion that St. Martha's is not an important example of architecture. As a historian, my assessment of this building and the historical record show clearly that St. Martha's is an excellent example of Midcentury Modern architecture in West Covina. The MN D's analysis is incomplete, and its conclusion is unsubstantiated. I am writing this letter pro bono. The number of Midcentury Modern buildings in Southern California is diminishing. This period was a significant era of change and growth in the state's history. Midcentury Modern buildings, like Victorian, Craftsman, and Art Deco architecture before them, add an invaluable character to the quality of life of our cities. It is important therefore to preserve the examples remaining -- especially those of the quality of St. Martha's. If you have any further questions, I would be glad to answer them. Sincerely, Alan Hess RESUME OF ALAN HESS, ARCHITECT 4991 Corkwood Lane, Irvine, CA 92612 949/551 5343 www.alanhess.net alan©alanhess.net WORK 1981- Alan Hess, Architect 1986- Architecture critic, San Jose Mercury-News EDUCATION 1975-78 M.Arch. I, School of Architecture and Urban Planning, University of California, Los Angeles 1970-74 B.A., Principia College, Elsah, IL DESIGN TEACHING Jamm's Coffee Shop, Petersen Automotive Museum, Los Angeles County Museum of Natural History; principal contributor to interpretive exhibits Gordon Onslow-Ford guesthouse, Mahn County, CA 1989-91 Instructor, University of California, Los Angeles 1986-90 Lecturer, Southern California Institute of Architecture PRESERVATION Design Guidelines, Heatherstone Community, Mountain View,CA Honor Award 1997, National Trust for Historic Preservation President's Award, California Preservation Foundation Qualified for National Register of Historic Places: Bullock's Pasadena (Wurdeman and Becket 1947), Pasadena CA McDonald's Drive-In (Stanley C. Meston 1953), Downey, CA Valley Ho Hotel (Edward Varney, 1957), Scottsdale, AZ Stuart Pharmaceutical Factory (Edward Durell Stone 1958), Pasadena, CA Expert testimony on behalf of landmark designations for Century Plaza Hotel, Los Angeles (Minoru Yamasaki, 1966); Bob's Big Boy, Burbank (Wayne McAllister, 1949); Wichstand, Los Angeles (Armet and Davis, 1957), Columbia Savings, Los Angeles (1964), Stanford Hospital (Edward Durell Stone 1959), National Theater, Westwood (1969) and other mid-century modern structures FELLOWSHIPS Fellow, National Arts Journalism Program, School of Journalism, Columbia University, 1997-98 GRANTS Graham Foundation for Advanced Studies in the Fine Arts, research on Brazilian landscape architect Roberto Burle Marx, 1990 LICENSE Licensed architect, California # C 15747 SELECTED PUBLICATIONS BOOKS: Frank Lloyd Wright:Natural Design, Organic Architecture RIzzoli International, New York 2012 Casa Modernista: A History of the Brazil Modern House Rizzoli International, New York 2010 Oscar Niemeyer Buildings Rizzoli International, New York 2009 Frank Lloyd Wright: The Buildings Rizzoli International, New York 2008 Julius Shulman: Palm Springs Rizzoli International, New York 2008 Forgotten Modern: California Houses 1940-1970 Gibbs Smith Publisher, Layton, UT 2007 Frank Lloyd Wright: Mid-Century Modern, Rizzoli International, New York 2007 Organic Architecture: The Other Modernism Gibbs Smith Publisher, Layton, UT 2007 Frank Lloyd Wright: Prairie Houses, Rizzoli International, New York 2006 Oscar Niemeyer Houses, Rizzoli International, New York 2006 Frank Lloyd Wright: The Houses, Rizzoli International, New York 2005 The Ranch House, Harry Abrams, Inc., New York 2005 Googie Redux: Ultramodern Roadside Architecture, Chronicle Books, San Francisco 2004 Palm Springs Weekend: the Architecture and Design of a Midcentury Oasis, Chronicle Books, San Francisco 2000 Rancho Deluxe: Rustic Dreams and Real Western Living, Chronicle Books, San Francisco 2000 The Architecture of John Lautner, Rizzoli International, New York 1999 Hyperwesi: American Residential Architecture on the Edge, Thames & Hudson, London 1996 Viva Las Vegas, Chronicle Books, San Francisco, CA 1993 The Car and the City, "Styling the Strip," chap. 13, University of Michigan Press, Ann Arbor, MI 1991 Googie: Fifties Coffee Shop Architecture, Chronicle Books, San Francisco, CA 1986 MAGAZINES, JOURNALS, NEWSPAPERS AND WEBS1TES: "Big Man on Campus: Alan Hess on Modernist Maverick, a new exhibition at the Nevada Museum of Art exploring the architecture of William Pereira," Architect's Newspaper, Sept. 26, 2013 "Connecting the Dots: Alan Hess on Pacific Standard Time Presents: Modern Architecture in L.A.," Architect's Newspaper, Sept. 6, 2013 "The Beauty of Authenticity: Dana Point Harbor," Orange Coast Magazine, Aug., 2013 "Wide Angle Lens: Alan Hess on the Getty's new exhibition, Overdrive: LA Constructs the Future 1940-1990, "Architect's Newspaper, June 21, 2013 "Everyday Modernisms: Diversity, Creativity, and Ideas in L.A. Architecture, 1940-1990" Los Angeles Conservancy, "Curating the City" website, June 2013 "Schindler Goes Hollywood," Los Angeles Review of Books, May 26, 2012 "New Apple Campus," San Jose Mercury News, Sept. 2011 "John Lautner and Los Angeles," Los Angeles Times, July 23, 2011 "Coming to Terms with the Sixties," National Trust Forum Journal, Summer 2010 vol 24 no 4 "Colorful Landmarks: how color shaped public space in 1950s suburbia," New Geographies, Harvard Graduate School of Design, Oct 2010 "The Suburbs and the Ranch House," California College of the Arts Architecture Studio Series, 2005 "The Place of Histories," Architecture California, 04:1, 2003 "Steven Ehrlich house, Pacific Palisades," Metropolitan Home, Dec. 2005 "Montalvo Artists' Village," Architectural Digest, June 2005 "Cliff May's Romantic Mandalay," Architectural Digest, May 2005 "Meeting the Horizon in California, Roscoe House by Helena Arahuete," Architectural Digest, Jan. 2005 "Historic Architecture: Oscar Niemeyer," Architectural Digest, May 2003 "The Place of Histories," Architecture California, 04:1, 2003 "San Jose: A Downtown in the Making," Places, vol. 15, no. 2 "High Art Parking Lot," Rearview Mirror: Automobile Images and American Identities, University of California, Riverside 2000 "Eine kurze Geschichte von Las Vegas," Stadt Bauwelt 143, Sept. 1999 "City Center to Regional Mall," Journal of Preservation Technology, vol XXVII, no 4, 1997 "New York, New York," Architectural Record, March 1997 "John Lautner" Progressive Architecture, December 1994 "The Origins of McDonald's Golden Arches," Journal of the Society of Architectural Historians, XLV: 60-67, March 1986 "Technology Exposed," Landscape Architecture, May 1992, pp 38-48 "Burle Marx: A Shaky Legacy," Landscape Architecture, April 1992 p 38 "Back to Brasilia," Progressive Architecture, October 1991 pp 96-97 "Greenwald house," Los Angeles Times Magazine, October 27, 1991, p 31 "Of Cities and Their Halls," San Francisco Examiner, Aug. 7, 1991 "American Style and Fifties Style: reviews," Design Book Review, Winter 1989 "Schindler and Goff: Architectures," L.A. Style, March 1989 "Monsanto House of the Future," Fine Homebuilding, August/September 1986, No. 34 "The Eichler Homes," Arts + Architecture, Vol. 3, No. 3, 1984 SELECTED TALKS LECTURES: Getty Research Institute; Kansas City Modern; Dallas Modern; Arizona Preservation Conference Keynote; Nevada Museum of Art Symposium; Society of Architectural Historians Tour; Commonwealth Club of San Francisco; Society for Commercial Archeology Conference Keynote; Los Angeles Conservancy Welton Becket Centennial Keynote; Columbia University School of Architecture; Houston Modern; Phoenix Modern; Walker Art Museum; Chicago Humanities Festival; Cooper-Hewitt Museum of Design; Yale University School of Architecture; Graham Foundation for Advanced Studies in the Fine Arts; Greenwich (England) National Maritime Museum; Cliff May Lecture, Los Angeles Conservancy; Vancouver (B.C.) Alcan Lecture Series; Architecture League; International Association of Shopping Center Owners; National Real Estate Editors Association; Colby College Southworth Lecture; Monterey Design Conference; University of British Columbia; National Trust for Historic Preservation Conference; AIA 2005 National Convention, Las Vegas; Hammer Museum Symposium; San Francisco AIA; California Preservation Foundation; Schusev State Museum of Architecture, Moscow. BROADCAST MEDIA AND FILMS: "William Krisel, Architect," DesignOnScreen Foundation, 2010 "A Kick in the Head—The Lure of Las Vegas," BBC-TV January 2010 "Journeyman Architect: The Architecture of Donald Wexler," DesignOnScreen 2009 "Desert Utopia," DesignOnScreen, 2008 Which Way LA, KCRW-FM, July 7, 2008 Which Way LA, KCRW-FM July 27, 2007 The Late Show, BBC-TV January 16, 1995 CBS Sunday Morning News with Charles Kuralt, January 23, 1994 Good Morning America, August 3, 1993 CBS Morning News, Jan. 17, 1990 Videolog, KCET, Los Angeles, June 1985 Patrick Monroe Show, CBC Radio, February 1987 Morning Edition, NPR, May 2, 1986 Smithsonian World, "Speaking Without Words," PBS, March 1984 SELECTED REFERENCES TO WORK Thomas Hines, Architecture of the Sun, 2010 "Las Vegas meets la-la land," Smithsonian, October 1995 "In Los Angeles, a '50s Flameout," New York Times, September 7, 1995 "Oldest McDonald's Closes," New York Times, March 6, 1994 "Would Las Vegas Landmark Be an Oxymoron?" New York Times, Oct. 7, 1993 "Restaurant Architecture," Journal of the Society of Architectural Historians, XLVIII:2, June 1989 "Legacy of the Golden Arches," TIME, June 2, 1986 "Books: Pop Style to Free Style," Progressive Architecture, December 1986 "Googie: Fifties Coffee Shop Architecture, a review," Architectural Record, May 1986 "Who Says It's Not a Landmark?" Historic Preservation, November/December 1987 "Googie -- History Closing the Menu on a 1950s style," Los Angeles Times, June 9, 1986 "Now let's hear it for Googie style," Vancouver Sun, February 5, 1987 "Architecture and Design reviews," Philadelphia Inquirer, November 30, 1986 "Architecture To Go," David Dillon, Dallas News, June 22, 1986 "Googie: Fifties Coffee Shop Architecture," Art and Design, London, June 1986 Oct. 2013 Ron Garcia From: Dante Pascual [gsamsabug@ix.netcom.com] Sent: Monday, October 21, 2013 9:44 AM To: Ron Garcia Subject: RE: St. Martha's Episcopal Church and Carleton M. Winslow Jr. Dear Mr. Ron Garcia, As a former resident of West Covina, I'm saddened to learn that St. Martha's Episcopal Church on 520 Lark Ellen avenue may meet it's demise to yet another long line of generic high capacity housing. A trend so prevalent in California that the destruction of significant structures are at best only archived on pages of history books or in forgotten newspaper clippings rather than as preserved historic landmarks that helped shape, identify and build a community. Such is how I feel on the possible destruction of St. Martha's Episcopal Church, an important landmark in what appears lacking in West Covina. But more important is the potential to overlook an architect whose body of work is so sparse that his name and legacy is in jeopardy of being, if not already, forgotten. I speak of course of California architect Carleton M. Winslow Jr. In my research I'm only aware of two structures designed by Winslow, both of which are in Southern California and, significantly enough, are episcopal churches, St. Marks Episcopal Church in Van Nuys and St. Martha's Episcopal Church in West Covina. Because only two of his buildings are known to exist it becomes increasingly apparent that not only is his work exceedingly rare but should be preserved to rank as a significant cultural landmark for the city. It is this limited oeuvre of Winslow's works that should be taken in serious consideration when razing St. Martha's. Leveling the church would leave only one structure left in all of California and effectively diminish what little information we have on the life and works of Carleton Winslow Jr. West Covina should be so lucky to have in it's presence a rarified building by an architect who should be celebrated and honored amongst the great and unheralded architects of his time. It's unfathomable to think that St. Martha's Episcopal may be replaced by a style of architecture that one finds nearly everywhere in strip malls, on apartment buildings, to virtually every. Kaufman-Broad tract housing across California. This aesthetic has become so standardized that this formula has the effect of making neighborhoods look mass produced. I'm concerned that West Covina may lose a part of it's diversity by erecting another Spanish or Mission style architecture. Further, the city may lose an important part of it's heritage and history by favoring such commonplace structures. I'am not opposed to change. In fact I think it's an important part of the evolution of West Covina or any city for that matter. But change shouldn't forgo the elimination of important landmarks such as St. Martha's for conventional housing. The city should restore and embrace the existing structures by repurposing St. Martha's Church to be incorporated with the new plans West Covina envisions for the site. By repurposing the buildings, primarily the church, along with a creative re-imagination of the proposed structures its still possible to have contemporary housing units live harmoniously with the existing structures. A redesign of the housing units itself can reflect the architectural language of Winslow and compliment the simple mid century modern elegance of his design and technique. The preservation of the church can stand as the veteran building standing proudly as it cohabitates with a burgeoning new vision. Saving St. Martha's not only ensures the artistic legacy of Winslow to continue but it can also set a precedence for the city of West Covina to possibly designate St. Martha's as something much more than just a repurposed building. I suspect the loss of St. Martha's would not have a great impact on West Covina. In fact, my cynicism tells me so. The "update" of Eastland mall or the monstrous facade of West Covina 1 Plaza dictates the unease I feel St. Martha's is heading towards. The potential demolition of the church will permanently affect the already narrow scope of Carleton Winslow's canon, an unsung architect whose work, however scarce, is equal to the works of A. Quincey Jones or Richard Neutra. I find it sad that his work can be so easily reduced to a pile carted away to a landfill for a housing with absolutely nothing unique to offer creatively or culturally. It is with hope in writing these words that Carleton Winslow's church not be demoted as a footnote in some annal stored away to be forgotten but to have a second life and the opportunity to thrive once again as a vital part of the community. Dante Pascual Jr. 2 Ron Garcia From: Kyle Dawson [kderek96@yahoo.com ] Sent: Saturday, October 19, 2013 9:25 PM To: Ron Garcia Subject: St. Martha's Episcopal Church/Lark Ellen Housing Project Hi Ron, Thanks so much for discussing this project with me on the phone Thursday. Before I go further, I would like to reiterate that I had no idea at all about this project until Thursday when I received a frantic phone call from a friend who passed the site & saw the fence & sign. In reading more, I understand that a hearing was held in April by the developer but notices were sent to the 300 nearest residents. Unfortunately, I am probably half a mile out of that circle or otherwise I would have most definitely spoken up sooner. I realize that a tremendous amount of work has been performed on this project & I appreciate that. I have had an opportunity to read through the Mitigated Negative Declaration & there is significant information missing from the analysis performed by ASM Affiliates in the Historic Resources Evaluation Report. It is noted in ASM's report that there are 15 other churches in the area of a similar style but only mentions 4 by name & address. The report states that these churches are "noted to be better examples of the modern style" & "better represent the context" of the style. This is a subjective opinion that it not supported by any professional analysis such as that of an architectural historian or supporting historical documentation. There are no dates of construction or names of the architects of the "other" churches given so how can a fair comparison between them & St. Martha's be made? There is also no comparisons made within Carlton Winslow Jr's own body of work. The St. Martha's Episcopal Church project was published as a noteworthy design in the Architectural Record in the late 50's as well as a book on outstanding church design & several articles. St. Martha's Episcopal Church also appears in the book "Los Angeles: An Architectural Guide," published in 1994 & now in it's 5th edition. It is widely considered the "bible" of finding architectural treasures in Los Angeles County. None of the other 4 churches noted in the MND as "better" examples of mid century modern design are listed in the guide. The Historic Resources Evaluation Report makes no mention of any of the other churches being published at all. The report further purports that the other 4 churches are of a better construction method but fails to mention how it arrives at this decision or what construction method was used in the design execution of the other churches. From these omissions, it would be impossible for anyone to determine the report's accuracy. Of the 4 comparison churches mentioned, 2 are very standard modern church designs of a completely different architectural vernacular than that of St. Martha's. What makes St. Martha's Episcopal unique from the others is it's post & beam program, flat roof, extensive use of louvered windows for natural ventilation & careful orientation on the site. It is the epitome of the "less is more" concept in architectural design that exemplifies the stricter tenets of mid-century modern architecture. The other churches appear more expressionistic on their exteriors but this by no means make them better examples of the modern style, just different. The report asserts that St. Martha's "does not embody distinctive characteristics of a style, type, period or method of construction" & "does not possess unique physical characteristics." These claims are clearly not true. Even if I didn't know the date of construction I could determine from it's appearance & features that is was somewhere between 1956 & 1963. It displays clear characteristics of mid-century modern architecture through it's use of a solid facade on the west elevation, choice of cladding materials, expansive use of jalousie windows (new in the mid 1950's), flat roof and post & beam construction method as well as the absence of traditional ornamentation. These buildings represent a distinct departure from any other style being built at the time. Furthermore, the report says "nor does it represent any established & familiar visual feature or landmark of neighborhood, community or the city." Having stood at the site for nearly 55 years, how many more years would it need to be there before becoming a landmark? Anyone who has lived in the area for any length of time would easily recognize it. The neighborhood directly northeast of the church is comprised of modern-style ranch homes of the same era although many have suffered unsympathetic & dramatic remodels as well as varying degrees of deferred maintenance. The same can be said of the neighborhood northwest of the church. A final inaccurate point that the report makes in regards to the other buildings at the St. Martha's campus is that "all are common property types & are not distinguished architecturally in comparison to similar buildings." What other buildings specifically in West Covina are they referring to & where are they located? This specific type of architecture is quite uncommon in West Covina. It seems that the person(s) who wrote the Historical Resources Evaluation Report are either not very familiar with all the various manifestations of mid-century modern architecture or are indifferent to it. There are strong inferences in the report that suggest the St. Martha's facility would not qualify for landmark status on the local, state or national registries because of it's lack of integrity. To the contrary, St. Martha's is one of the most intact examples of 1 mid-century modern design I have ever seen anywhere. It may have been the victim of a lack of maintenance over the past several years but it is intact. When I visited the site over the last few years, it was evident that it was in need of paint & other minor repairs but overall it's needs appear to be mostly cosmetic. A restoration of the facility would clearly present a different face to the community. This is valuable & rare resource for the City of West Covina and deserves further analysis. Mid-century modern architecture in West Covina is more embedded in our cultural heritage than currently acknowledged. When I moved here over 16 years ago there was a lot more of it than there is today due to either demolition or insensitive remodeling. This is beginning to leave a large & noticeable hole in our built environment. From shopping centers to nearly entire housing tracts, what existed of West Covina's Mid-Century Modern development is only a shadow of it's former self. West Covina's own Eastland Center of 1957 was a premier example of the modernism but was remodeled over the years into something that "appears" contemporary today but will soon be outdated again. The Forestdale Neighborhood east of Barranca & Cortez was a grand Mid-Century Modern neighborhood that could have easily achieved landmark status. The last 15 years have been very unkind to it. Home after home has been remodeled into bizarre incarnations of Mediterranean & Castle-like styles, some with turrets & up to 4 different rooflines. There are only about 5 homes that have escaped this treatment, so far. Many custom mid-century modern homes in the South Hills community have suffered a similar fate. Numerous commercial structures have also been remodeled out of there modern origins. Many of our schools remain great examples of mid-century design but most were built in a distinctive modern style of their own. The point I am making is that mid-century modern design played a big part in the development of our community. It's where we live in some cases, it's where we shopped, it's where we sent our kids to school & it's where we worshipped. Demolition & short-term taste changes have pushed an important part of our architectural heritage toward extinction. The MND is incorrect that this style did not play a significant role in the development of West Covina. It's just not so easy to see any longer. Interest in mid-century modern architecture has enjoyed a healthy renaissance over the last 10 years. As more & more structures have been lost there has come to be a much greater appreciation for the style as well as a strong desire to preserve & restore. This is happening in communities all over Southern California. In one case, a couple purchased a distressed mid-century modern property for $1.5 million, performed a complete restoration & sold it for over $12 million dollars. Claremont is an excellent example of a city where Victorian, Craftsmen, Bungalow or Spanish can sit happily alongside mid-century modern. You find it in the residential neighborhoods as well as the town center. A great deal of character & visual appeal is achieved for a city through having a variety of architectural styles. It also gives a person a real sense of the history of a locale. West Covina should be more proud & protective of this part of it's history. The St. Martha's Church complex is special in that it exudes a very specific time & place & it's only ours! These buildings only exist one place in the world & that's West Covina. As friends, family & architectural enthusiasts have visited me over the years, St. Martha's is usually the first place I take them when showing some of our cities' great architecture. With all these points emphasized, I would like to say that I'm not entirely opposed to the idea of new housing at the site. While it's a personal belief that all of the structures at St. Martha's are important, I realize that it's also important to take into account future use and the developmental desires of others. Further study is warranted to determine what adaptable reuses might be possible. This has been very successful in other cities where great mid-century design like St. Martha's is threatened by new development. I couldn't see any evidence that this has happened here. Restoration is an important tool when applied to projects like St. Martha's. A visionary architect would be able to preserve the important structures at the site & integrate them into a new scheme that would make them a valuable part of any new project. While it would be ideal if the facility could be fully restored & remain a religious institution there are other possibilities. The chapel itself could undergo a full restoration & serve as a place of worship for the new planned community or it could serve as a dynamic recreation center for the new residents. Either of these options would involve a modification to the current proposal by a small reduction in the number of new homes built. The benefits would be that the long established streetscape would change little, the new housing would benefit from greater privacy & the great architecture of St. Martha's would be preserved & enjoyed by all who want to see it. I've had very little time to consider all the possibilities but I do strongly oppose a "blanket" demolition. The proposed housing at the site doesn't offer anything unusual architecturally. The new interpretations of Spanish & traditional California styles can be seen practically anywhere in Southern California. Nearly everything that is being built is in the same vain. If it's popular or easy to sell, that's okay. My point is that we would be giving up something that is extremely unique in favor of something that is very common. Given the very limited mid-century modern stock that West Covina has left, it is vitally important that we be better stewards of this part of our architectural legacy. I would like to see all the varying architectural styles from our history preserved for ourselves to enjoy as well as future generations. Mid-century modern just happens to be what is most threatened, currently. Please take a deeper look at the St. Martha's Episcopal Church project & have it evaluated more thoroughly. There is so much vital information missing from the MND that should be taken into consideration. St. 2 Martha's is enjoyed by many residents as well as visitors to our city. Please help to save this magnificent place. I do appreciate your time in reading this. Kyle 3 ATTACHMENT 10 PETITION AGAINST The Site at 520 So. Lark Ellen St of the building of 42 homes Print Name ,.. Address : -' hone'N umber. . . Signature ---7---\, C,' f ' y \ Ni e6--1- - i_laitopiJ Aki0U-soki c5.- 3 6. LAR,,k_< - , 94 1 7 ..',- Y/Liti 1:-!•1,47 / - , _z., A ,,f- c-. Jo 7/ _. _ • )474 ri fr., \ a.„.( ,,s, ii( ( 1_,Lo_. 1_,,,, c.).: R 1 I `I - '71 8' ? •-• L t,.t_el_z,U e , (-)e...,_- g . , 0 re, 1 c\LI 011E103 \5-0) (_,-; _s- .(ky-pati-d — ',30--gg 7/5' --7. , , I / _/ , ().).121,ii 049A ( .,-.1.1 3- q7 2 (.----1,,,, = _. .:: • . Lo-6,-..aat_ iii 9 LI 1--- q/ 7- /IS I. J c/k.V ' f 2 ' '' I.C)67-k-_n• \ (-Ph e, Lo-s.4-).(--7*--. 9 19 -5- i S. 1 .\ Ai -, i)-er b 1 6, .k_o. /-K7.5-7/b---. p3e/.31 ) / jDCL ir "E---"oP• E, ( d!ri//6):7./. 4/ 4T.,7', Yi-li —__Vcc., Q '5' / 1 ';' ------. , , Z-(LA- c -...) ci M e3 1 6.(yiti 7-. /1-63 T. bii* t,-/ord y- . ...) YL13 yy ?-YS "7 '‘ • .---L.,,..../.-:-.- 417/4 0.- \--,V; / Ae77/t.c.----'r./ / V 2 2 . Lt i - c...."-7..4; ..- --•::- 0 s-;'..; C. • ',2 ? ---2 V (2' I [6,..J 0 P1 3;( - C , La,- k • t-LA-Q d. II- 5 _')' --(-6",3 i .---4 j 0 e_ ebre( a - Lb c_-. A 1K- 0( 000 •:312 -s-zq 4 tat AlOillei;L:67 ))03C4i )11 6 9 . -)aid,ci oar: ci it3q6 -lel 44' - 4:---4 ., l -F PA/ 4 le D ) — , 0* 7/-/ti E, LA 12 kiLvo 19 5-r. 3.93-#3 9 N \ , M \\\ C ATIA0 1 _,___tpz47 Nq5-e L--okfkmocli, 8.5) _-L-c_c;-z? h ni,/, L-1,--Lai Lh_ce44_}.1. / PETITION AGAINST The Site at 520 So. Lark Ellen St of the building of 42 homes Print Name Address . .. . Y,.. Phone Number ' 9._ 'IN/ -k.ki \,I Fie . . . Signatiire. : Co OH '-- - Ukr-Ne....Elkein i\V-€. (C2Z.L,7) 3. C,D V :t Atk C,11\ al ll'A i &it/ -513'5 i .. A i-A 1 Cc n:2(0i 1-e\ 1e A z 2(o o t k u ci 1 ) cAvS. L .r.\4 a A. ' le i t .4 A - r e v - n.. a_ u r)k, Et n A Laciwino,A qi -rt t u 1 LI ---V3 ‘ ' Li %.) UJ\-t 1 -i L(AAAA /01/1/ ,,St'/ c' 6.-.. 20 kir C. 64 Yl7Y6 9/?-W 3 s A 1 is fey Li c-- 1..p p_icte.5,->d , Ay- fic iLipty2/4-- bk1 - C- - ciel- i- £/i cf v -CY2)--e - q-ii 6 . t . i /5--, a .6--;:zo,k,„.4.5 , P .I.— kji7) .e° I:4) I I etfUct LfroA(A 1.A.:; -e...„ c4 6 li 1-1 gi qi ci °-1" 110 4 0 Lorkitu.Thod 3+. c02.10- ss9 •ii-x Lc.r SaniCOS W-Q. ctA q r'ici/ oqz 1 0 illir IR /c/14,1- i 5_/7 (5-- e:-.1.00t-e-_.--1.-/i3vEr (624, .t.tes M112_ z buc„--,T-//;v4 e4 -,/797 zi-7-/973 .7 . _. ,:---/-zz------', .5-65 - - s• . Le, 7 K e W (-LA AL.,..4 (4-Z 6. 1 3-17-1 • 4 M ,y,-,,,, - -4- av, t 1 7/ 71/ $-62 - t n LAkbuti 61'27 4 , Laffi LL E 1 (-eivl iwr.mt el 444-?- - ATTACHMENT ERRATA This sectiOn presentS'staff initiated text changes for the Lark Ellen Residential Project Final Mitigated • : Negative Declaration. This MND text change reflects revisions that have occurred subsequent to the October 22, 2014 publication of the Final MND. The revisions are organized by MND section and deleted text is d:new text is underlined. The text additions and reVisions Oresented below clarify and expand the information presented in the Draft MND and-iFinal .MNa The revised text does not provide new information that identifies new significant environmental impacts, the clarified and expanded :information does not identify mitigation measures :that, if implemented, would result in significant environmental impacts; and considerably different alternatives or mitigation measures were not identified that would clearly lessen the significant environmental impacts of the proposed project. In sum, the staff-initiated text change provided does not change any of the conclusions presented in the Final MND, but rather clarifies and provides additional relevant information. 1.0 Introduction To bring the project description into consistency with the Specific Plan, page 3, the end of the third full paragraph has been revised as follows: A private storm drain system located within the driveway is proposed to discharge onto Lark Ellen Avenue. Onsite flows shall be treated prior to discharging from the site. Environmental Checklist The last paragraph on page 60 of 99 has been revised as follows: A private storm drain system located within the driveway is proposed to connect into the existing Walnut Creek Channel located immediately to the north of the project discharge onto Lark Ellen Avenue. On-site flows would be treated prior to entering Walnut Creek Channel being discharged off site. An infiltration device would be located in the open turf area east of the main entry. On page 61 of 99 the text under heading "c" has been revised as follows: However, a private storm drain will be located within the driveway will ensure any slows are treated prior to being released into the Walnut Creek Channel onto Lark Ellen Avenue. The first paragraph on page 62 has been revised as follows: Impact Sciences, Inc. 1 Lark Ellen Residential Project 1183.01 October 2013 2.0 Corrections and Additions The proposed project includes on-site infiltration and treatment of flows prior to being released into the Walnut Creek Channel onto Lark Ellen Avenue. On page 62 of 99 the text under heading "e" has been revised as follows: Storm flows would be treated and released to the Walnut Creek Channel Lark Ellen Avenue. Impact Sciences, Inc. 2.0-2 Temporary Use of the Rose Bowl by the NFL 1136.01 November 2012 ATTACHMENT 12 COMPACT DISC INITIAL STUDY/MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT HARD-COPY AVAILABLE FOR REVIEW BY THE PUBLIC AT: WEST COVINA LIBRARY WEST COVINA POLICE DEPARTMENT COUNTER WEST COVINA PLANNING DEPARTMENT ATTACHMENT 13 DEVELOPMENT PLANS HARD-COPY AVAILABLE FOR REVIEW BY THE PUBLIC AT: WEST COVINA LIBRARY WEST COVINA POLICE DEPARTMENT COUNTER WEST COVINA PLANNING DEPARTMENT City of West Covina Memorandum AGENDA TO: Mayor and City Council ITEM NO. 12 FROM: Christopher J. Chung DATE December 17, 2013 City Manager BY: Jeff Anderson Planning Director SUBJECT: CODE AMENDMENT NO. 13-03 RESIDENTIAL AGRICULTURAL/SINGLE FAMILY ZONE DEVELOPMENT STANDARDS GENERAL EXEMPTION RECOMMENDATION: The Planning Commission and staff recommend that the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO RESIDENTIAL AGRICULTURAL/SINGLE FAMILY ZONE DEVELOPMENT STANDARDS BACKGROUND: On May 7, 2013, the City Council initiated a code amendment to study the Residential Agricultural/Single Family Zone development standards. The Planning Department recommended that six standards be reviewed, most of which are standards for hillside properties. Additionally at that meeting, the City Council adopted a moratorium 011 79 vacant properties located on Skyview Lane, Rolling Hills Road, Countrywood Lane, Hidden Valley Drive, Inspiration Point, Outlook Lane, Horizon Hills Drive, Majestic Street, and Mountain Ridge Road. These properties are located in a hillside area with varied topography where physical improvements can create view and privacy impacts. The properties were part of a larger subdivision that was originally subdivided in the 1980's. At the time of the subdivision, houses were not proposed concurrently with the tract map. The average single- family house constructed in the nation in 1981 was 1,720 square feet and the average home constructed in 2010 was 2,392 square feet. The size of the houses likely to be constructed in the South Hills area could range from 4,000 square feet to 5,500 square feet and could have different impacts than what was considered at the time the subdivisions were approved. DISCUSSION: Over the past few years, staff has been contacted by prospective developers soliciting information on the possible development of a number of vacant lots in the South Hills area. Based on the topography of the area and on concerns expressed over the years regarding some current development standards, staff compiled a list of development standards that had been questioned. This list was presented to the City Council and is the basis for the Code Amendment. Five of the six issues primarily deal with lots in areas of topography (hillside areas). The following are the five issues for lots in areas of topography. 1. Ratio of Pad Size to Floor Area. The question is whether there should be a zoning standard that requires a ratio between the pad size and the floor area of the house. Currently, there is a zoning standard that establishes a ratio between the lot size and the floor area of the house; however, the pad size can be substantially smaller than the lot size in an area of varied topography. This could be an issue if the size of the footprint of the house is so large that it uses all the level part of the property. ZACase Files\CODE AMEND\2013 \13-03 R-1 Stds.MoratoriumSouthHills\CC Hearing 12.17.13 \Staff Report.doe Code Amendment No. 13-03 R-A/R-1 Standards December 17, 2013 - Page 2 2. Appropriate Pad Size. The question is whether the pad sizes on the lots are appropriate in size or should be larger to allow for level open space areas around the houses. The pad sizes have already been created. The concern is that some of the pads may be too small to allow for large houses and level yard area. To modify the pad area would require a new engineering design and grading. 3. Number of Stories. The question is whether the current Municipal Code standards for measuring building height and number of stories are appropriate in hillside lots. The current definition, while limiting the house to two stories, allows basements in what may appear to be three-story structures on the downhill portion of the house. 4. Standards and Review Process for Decks. The question is whether the current zoning standards and review process for decks (also called "elevated structures" in the Municipal Code) are appropriate. The Municipal Code requires that decks, (a view platform structure that is elevated above finished grade) between four feet and eight feet in height, obtain the approval of an administrative use permit (See Attachment 3). Decks over eight feet in height are not allowed by Code and must obtain a variance. An administrative use permit requires the noticing to residents in a 300-foot radius and is reviewed by the Planning Director. 5. Common Area Maintenance for Drainage and Landscaping of Slopes. The question is whether there should be some type of requirement for common area maintenance of drainage and/or landscape improvements on the slopes. Subdivisions that are reviewed today are required to have an HOA (Homeowner's Association) so that slopes would be in a common area that is communally maintained and financed. Currently some of the lots have cross lot drainage which requires each individual property owner to maintain the drainage swales. Swales that are not well maintained could cause drainage issues and erosion. Many of the lots also include large sections of hillside. If the landscaping in these areas is not maintained by the property owner, there can be issues with erosion as well as the negative aesthetic issues. This has occurred in other neighborhoods in the City and has become a code enforcement matter. The remaining issue, while an issue in hillside areas, also affects lots in other parts of the City in cases where additions or rebuilds led to larger houses. The following is the issue that affects all lots in the City. 6. Standards for Covered Parking. The question is whether current standards for required covered parking (garage/carport) are appropriate. Currently, the Code requires two covered parking spaces, no matter how large the house is. The Code further requires two open parking spaces for each house. However, the larger the floor area of the house, the greater the number of open parking spaces are required. The standards for additional open parking spaces are provided below. Gross Unit Size (Sq. Ft.) (Exclusive of Attached Garages) Additional Number of Required Off-Street Parking Spaces 4,000 — 5,499 1 5,500 — 7,000 2 7,001 — 8,000 3 8001+ As per an approved CUP or maximum unit size exception Houses with large floor areas or large numbers of bedrooms can result in a greater number of cars being parked on residential streets if they provide the minimum amount of parking required. ZACase Files\CODE AMEND\2013\13-03 R-1 Stds.MoratoriumSouthHills \CC Hearing 12.17.13 \Staff Report.doc Code Amendment No. 13-03 R-A/R-1 Standards December 17, 2013 - Page 3 PROPOSED CODE AMENDMENT: In order to study the six issues, the Planning Commission held three study sessions (July 9, 2013, August 27, 2013, and October 22, 2013). At these study sessions, the Planning Commission evaluated potential changes to the Municipal Code and determined not to recommend any changes to three of the issues, including Appropriate Pad Size, Building Height and Number of Stories, and Common Area Maintenance for Drainage and Landscaping of Slopes. Information on the study sessions is included as Attachments 5 through 8. The Commission did decide to recommend changes to the Municipal Code for the following issues. • Ratio of Pad Size to Floor Area. The consensus of the Commissioners was that it would be appropriate to require a level area behind the house (between the slope and the house) rather than a pad coverage ratio. The recommendation is for a 10-foot level area. (This standard was designed after a standard from the City of Walnut.) This level area could be improved with an open single-story patio cover. Requiring a 10- foot level area emergency access area behind each house will allow for access, require houses to be setback from the slope, and reduce encroachment into slope areas. • Standards and Review Process for Decks. The Municipal Code currently allows decks and balconies in the same manner as it allows for room additions; however, decks and balconies have a greater effect on privacy than room additions. The consensus of the Commission was to require 50% greater side yard setbacks for decks and balconies and a minimum 25-foot rear yard setback. Most side yard setbacks in hillside areas are 7 or 10 feet. Decks and balconies can create issues of privacy and view impacts. Requiring additional setbacks can reduce the concerns. • Standards for Covered Parking. The Municipal Code currently requires a two-car garage for all single-family houses. The consensus of the Commissioners was to require three-car garages when the floor area of the house exceeds 4,500 square feet or the house has five or more bedrooms. The Commission determined that it was appropriate to allow tandem garages to comply with the three-car garage standard. It is likely that a house that is greater than 4,500 square feet and a house with 5 or more bedrooms will have more vehicles than an average-sized house. The proposed amendments have been included in the attached ordinance. The proposed code text is attached to the ordinance for your review (Attachment 1). The moratorium is currently in effect. If the City Council approves the proposed code amendment, an ordinance to release the moratorium will be presented to the City Council at the time of the second reading of the ordinance. The moratorium would be released on the date that the code amendment takes effect (30 days after the second reading). PLANNING COMMISSION DISCUSSION AND RECOMMENDATION: The Planning Commission held a public hearing on November 26, 2013. The Commission discussed the draft tandem parking standards, the process for reviewing decks and balconies, and modifying the draft code amendment to allow single-story open patio covers in the 10-foot level area between the house and the top of the slope. The Commission voted 5-0 to recommend approval of the proposed code amendment to the City Council. ZACase Files \CODE AMEND \2013 \13-03 R-1 Stds.MoratoriumSouthHills \CC Hearing 12.17.13 \ Staff Report.doc 7,4 Code Amendment No. 13-03 R-A/R-1 Standards December 17, 2013 - Page 4 FISCAL IMPACT: The proposed Code Amendment would not have any direct fiscal impact to the General Fund. PrepXed yJeff Anderson Planning Director Attachments: Attachment 1 — Draft Code Amendment Ordinance Attachment 2 — Planning Commission Resolution No. 13-5546 Attachment 3 — Planning Commission Minutes, November 26, 2013 Attachment 4— Planning Commission Staff Report, November 26, 2013 Attachment 5 — Planning Commission Study Session Report, October 22, 2013 Attachment 6— Study Session Table, October 22, 2013 Attachment 7— Planning Commission Study Session Report, August 27, 2013 Attachment 8— Study Session Table, August 27, 2013 Attachment 9— City Council Staff Report, June 4, 2013 Attachment 10— City Council Staff Report, May 7, 2013 ZACase Files\CODE AMEND\2013\13-03 R-1 Stds.MoratoriumSouthHills \CC Hearing 12.17.13 \Staff Reporidoc ATTACHMENT 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO RESIDENTIAL AGRICULTURAL/SINGLE FAMILY ZONE DEVELOPMENT STANDARDS WHEREAS, on the 7th day of May, 2013, the City Council initiated a code amendment to revise certain development standards in the Residential Agricultural/Single Family Zones; and WHEREAS, the Planning Commission held a study sessions on the 9 th day of July, 2013, the 27th day of Auguk, 2013, and the 22nd day of October, 2013; and WHEREAS, the Planning Commission, upon giving required notice, did on the 26 th day of November, 2013, conduct a duly advertised public hearing as prescribed by law, at which time the Planning Commission adopted Resolution No. 13-5546 recommending to the City Council approval of Code Amendment No. 13-03. WHEREAS, the City Council considered evidence presented by the Planning Commission, Planning Department, and other interested parties at a duly advertised public hearing on the 17 th day of December, 2013; and WHEREAS, studies and investigations made by this Commission and in its behalf reveal the following facts: 1. On May 7, 2013, The City Council adopted Ordinance No. 2243 that adopted a moratorium that initiated a code amendment to consider amending the development standards in the Residential Agricultural/Single Family Zones. 2. Due to changes in the intensity of development on single-family properties it is appropriate to review the regulations to determine if revisions to development standards should be modified for thresholds and setbacks to clarify regulations. 3. The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the proposed action consists of a code amendment, which does not have the potential for causing a significant effect on the environment as the code revisions would require discretionary review of small structures that would be categorically exempt and would be evaluated on a case by case basis. NOW, THEREFORE, by the City Council of the City of West Covina does ordain as follows: SECTION NO. 1: The above recitals are true and correct and are incorporated herein as if set forth herein in full. SECTION NO. 2: Based on the evidence presented and the findings set forth, Code Amendment No. 13-03 is hereby found to be consistent with the West Covina General Plan and the implementation thereof and that the public necessity, convenience, general welfare, and good zoning practices require Code Amendment No. 13-03. SECTION NO. 3: Based on the evidence presented and the findings set forth, the Planning Commission of the City of West Covina hereby recommends to the City Council of the City of West Covina that it approves Code Amendment No. 13-03 to amend Chapter 26 (Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A." Code Amendment No. 13-03 December 17, 2013 —Page 2 SECTION NO. 4: The Secretary is instructed to forward a copy of this Resolution to the City Council for their attention in the manner as prescribed by law and this Resolution shall go into force and effect upon its adoption. PASSED AND APPROVED on this 17 th day of December 2013. Mayor Steve Herfert ATTEST: City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF WEST COVINA I, Nickolas S. Lewis, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 17 th day of December, 2013. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 2013. AYES: NOES: ABSTAIN: ABSENT: City Clerk APPROVED AS TO FORM: City Attorney ZACase Files\CODE AMEND\2013\13-03 R-1 Stds.MoratoriumSouthHills\CC Hearing 12.17.13\Ordinance.doc Code Amendment No. 13-03 December 17,2013 —Page 3 EXHIBIT A CHAPTER 26 ZONING RESIDENTIAL AGRICULTURAL ZONE/SINGLE FAMILY ZONE SECTION 1. Section 26-402 of Article VIII of Chapter 26 of the West Covina Municipal Code, off-street parking, is amended to read as follows: Sec. 26-402. Off-Street Parking (a) In R A and R 1 zones Each single-family dwelling shall provide there shall be four (4) accessible off-street parking spaces provided for each dwelling unit. A minimum of two (2) spaces shall be enclosed on three (3) sides and roofed. The provisions of this section shall apply to new single-family dwelling construction after January 1, 1993. (b) For single-family dwellings with a gross floor area (exclusive of garages) of 4,500 square feet or greater or with five (5) or more bedrooms a minimum of the three (3) off-street parking spaces located within an enclosed garage is required. Tandem parking may be permissible for the purpose of providing the three (3) required parking spaces provided tandem parking is limited to not more than one vehicle behind another and a minimum of two parking spaces are provided side-by-side at the garage entrance. Legal nonconforming covered parking spaces in existence prior to February 21, 2014 that do not fully meet these requirements may continue to be maintained, repaired, and/or rebuilt to the same size and configuration as long as such nonconforming covered parking spaces were legally established and maintained. The requirements of this Section shall apply to new construction and the expansion of existing single-family dwellings. (c) However, When a carport is not readily visible from the street, the city may determine that six-foot or higher masonry walls around the perimeter of the property (or other view- obscuring physical or topographical features) constitute enclosure. The provisions of this section shall apply to new single family dwelling construction after January 1, 1993, and when any expansion to an existing single family structure exceeds the maximum permitted unit, except as provided in subsection (e) below. (194)Al1 covered parking spaces shall be enclosed on three (3) sides and roofed unless a carport is not readily visible from the street, the city may determine that six-foot or higher masonry walls around the perimeter of the property (or other view-obscuring physical or topographical features) constitute enclosure. Porte cocheres may be allowed when visible from the street if the architectural style and materials are consistent with the house, subject to the review and approval of the planning director. (e2) Garages and carport shall have a minimum interior clear width and depth of twenty (20) feet between columns or walls. Three-car garages shall have a minimum interior clear width of thirty (30) feet and depth of 20 feet. In cases where a tandem parking space is proposed to comply with a required three (3) car garage, a minimum of two parking spaces shall be provided side-by-side at the garage entrance and minimum ten (10) feet by twenty (20) feet shall be provided behind. Unless otherwise approved in advance by the planning director in writing, placement of garage doors shall be centered between columns or walls. Access to such parking shall be paved, not less than twelve (12) feet in width, nor wider than the garage or carport, except as modified in section 26-402.5. The balance of the required spaces, if uncovered, shall have minimum dimensions of eight (8) feet by sixteen (16) feet. (1) In the case where an expansion to the existing single-family structure exceeds the maximum permitted for a lot as outlined in section 26-296.1101100, any garage or carport shall conform to the provisions regulating width and depth in subsection (c) of this section, and any front, side and rear yards as regulated by this article. (4D Garages or carports opening towards a side street shall be set back a minimum of twenty- two (22) feet from the property line. Z:\Case Files\CODE AMEND \2013 \13-03 R-1 Stds.MoratoriumSouthHills\CC Hearing 12.17.13 \ Ordinance.doc (e) Code Amendment No. 13-03 December 17, 2013 — Page 4 conform to section 26 405 of this article, said side yard shall be considered a legal main structure by a roofed area (lattice and patio covers included), and shall be permitted to maintain the legal nonconforming side yard. (fg) In addition to the minimum number of off-street parking spaces required for each dwelling unit, additional off-street parking space(s) shall be required on the basis of dwelling unit size according to the following schedule: Gross Unit Size (Sq. Ft.) (Exclusive of Additional Number of Required Off-Street Parking Spaces Attached Garages) 4000-5499 1 5500-7000 2 7001-8000 3 8001+ As per an approved CUP or maximum unit size exception Said additional space(s) may, but need not, be provided in a carport or garage. The minimum required dimensions for uncovered spaces shall be eight (8) feet by sixteen (16) feet. (gh) Garages which are intended to accommodate four (4) or more cars shall not open to any public street, unless designed as a subterranean garage. (Code 1960, § 10702.02; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1530, § I, 2-8-82; Ord. No. 1878, § 2, 5-13-91; Ord. No. 1910, § 2, 10-13-92; Ord. No. 2030, § 4, 4-20-99; Ord. No. 2141, § 3, 7-19-05; Ord. No. 2154, § 3, 9-19-06; Ord No. 2184, § 3(Exh. A), 12-16-08) SECTION 2. Section 26-406.5 of Article VIII of Chapter 26 of the West Covina Municipal Code, for level rear yard requirements on lots with graded pad, is added to read as follows: Sec. 26-406.5. Rear Yard, Level Area Requirement on Lots with Graded Pads For hillside lots with graded pads, a minimum ten (10) foot substantially flat area for pedestrian and emergency access area shall be provided between the rear of the house and the slope, measured perpendicularly from the structure (a one-story open patio cover may be located in the level area in compliance with other development standards). Legal nonconforming structures in existence prior to February 21, 2014 that do not fully meet these requirements may continue to be maintained, repaired, and/or rebuilt to the same size and configuration as long as such nonconforming structures were legally established and maintained. SECTION 1. Section 26-414 of Article VIII of Chapter 26 of the West Covina Municipal Code, for retaining walls and elevated structures, is amended to read as follows: Sec. 26-414. Retaining walls and elevated structures. (a) Definitions. For the purposes of this section, the following definitions shall apply: (1) "Retaining wall" shall mean a wall designed to resist the lateral displacement of soil or other materials. The height of a retaining wall shall be measured at continuous points along the length of the wall from the top of the wall to the lowest adjacent finished grade. Z:\Case Files\CODE AMEND\2013\13-03 R-1 Stds.MoratoriumSouthHills\CC Hearing 12.17.13\Ordinance.doc Code Amendment No. 13-03 December 17, 2013 — Page 5 (2) "Landscaped crib wall" shall mean a type of retaining wall comprised of a hollow rectangular cribwork of logs, timbers, reinforced concrete beams, or steel beams filled with soil or rock, designed with vines and/or other planting extended across the face of the wall. (3) "Elevated structure" shall mean any deck, patio, view platform, tennis or sport court, or other similar structure which is elevated above finished grade. The height of an elevated structure shall be measured at continuous points around the perimeter of the structure from the top of the finished floor or slab level of the structure to the lowest adjacent finished grade. (4) "Screened wall or fence" shall mean any wall or fence, other than a retaining wall, designed and constructed for the purposes of screening, security, and/or separation of property. (5) "Screen wall or fence, solid" shall mean any screen wall or fence comprised of a material such that more than thirty (30) percent of the view through the fence or wall is obstructed. (b) Exemptions. The following types of retaining walls and elevated structures shall be exempt from the regulations of this section regardless of their height: (1) Retaining walls and elevated structures that are not readily visible from the ground level of surrounding properties or public rights-of-way as determined by the planning director. (2) Retaining walls necessary for reasons of emergency slope stabilization and/or public safety as determined by the city engineer. (3) Decks or balconies not exceeding two hundred (200) square feet in area which take direct access from the second story of a residence and do not extend horizontally over an area with a horizontal to vertical slope ratio of three to one (3:1) or steeper. (c) Administrative use permit required. Unless otherwise exempt pursuant to subsection (b) above the following types of retaining walls and structures may only be constructed with the approval of an administrative use permit as set forth in article VI, division 5 of this chapter: (1) Any retaining wall or elevated structure in excess of four (4) feet in height. (2) Any retaining wall or elevated structure constructed in combination with a screen wall or fence above, such that the combined height exceeds eight and one-half (8.5) feet. Wall and fence surfaces, or portions thereof, that are not solid as defmed in subsection (a)(4) above shall not be counted toward the measurement of height. (3) Any structure constructed on top of an area of artificial fill created by a retaining wall or constructed on top of an elevated structure proposed or approved pursuant to subsections (1) and (2) above, such that any portion of such structure is located within five (5) feet of the edge of the retaining wall or elevated structure. Such structures shall not be subject to the maximum height limits pursuant to subsection (d) below. (d) Maximum height. Except for those walls and structures exempted pursuant to subsection (b) above, no retaining wall (except for a landscaped crib wall) or elevated structure shall exceed a maximum height of eight (8) feet, and no landscaped crib wall shall exceed a maximum height of fifteen (15) feet. The height of screen walls and fences constructed above retaining walls and elevated structures shall comply with the standards set forth in section 26 112 section 26 -413 of this article. (e) Required Setbacks for Elevated Structures. All elevated structures shall provide side setbacks of 1.5 times the required side setbacks and shall comply with the required rear yard setback specified in section 26-406. (eD Parallel retaining walls and fences. Any retaining walls constructed in combination with other retaining walls, screen walls and/or fences on the same property that are separated and approximately parallel to each other shall be separated by a horizontal distance of three (3) feet or greater. Where two (2) or more walls and/or fences are approximately parallel to each other and separated by a horizontal distance of less than five (5) feet, the parallel walls and/or fences shall be treated as a single wall and the height shall be measured at continuous points from the lowest adjacent finished grade of the lowest wall or fence segment to the top of the highest wall or fence segment. The area between parallel retaining walls and other Z:\Case Files\CODE AMEND \2013 \13-03 R-1 Stds.MoratoriumSouthHills\CC Hearing 12.17.13 \Ordinance.doc Code Amendment No. 13-03 December 17, 2013 —Page 6 walls and fences shall be landscaped such that a minimum of two-thirds (2/3) of the wall surface will be screened from view once the landscaping reaches maturity. (fg) Maintenance. It shall be the responsibility of the property owner, or other person leasing, occupying, or having charge or possession of a property to properly maintain all retaining walls, including any associated drainage and irrigation systems, in a safe and undamaged condition. All landscaping required per this section shall be maintained in compliance with the standards set forth in section 26 114 section 26-416 of this article. (gh)Submittal requirements. In addition to the application requirements set forth in division 1, article VI of this chapter, the following information shall also be provided: (1) Site plan for the entire site indicating the proposed location of the retaining wall or elevated structure. The plan shall include existing and proposed topographic contours, existing trees and vegetation, elevations for the top and bottom of the proposed wall or structure, and the setback from all property lines. (2) Elevation drawings depicting the proposed architectural treatment, including proposed colors and materials. (3) Cross-section of the proposed retaining wall or elevated structure at its point of maximum height indicating the existing and finished grade and the height of the structure as it relates to the finished grade. (4) Landscape/irrigation plan indicating the size and species of all proposed plant materials. (hi) Findings. Before an application for an administrative use permit for a retaining wall/elevated structure may be granted, the following findings shall be made: (1) The proposed retaining wall, elevated structure, and/or other structure, has been designed so as to substantially minimize any adverse aesthetic and visual impacts as visible from surrounding properties and public rights-of-way. (2) The proposed retaining wall, elevate structure, and/or other structure complies with the following design standards: a. Colors and materials. Decorative materials and/or design elements shall be used as necessary to enhance the aesthetic appearance of the retaining wall or structure. Suggested materials include, but are not limited to, stone, masonry, wood, textured poured concrete, and textured colored precision block with colored grout. Natural and earth-tone colors should be utilized for retaining walls to blend the wall with existing surroundings. A variation in design or materials should be used where necessary to break up large masses and/or add visual interest. b. Landscaping. Landscaping shall be integrated into the design of the retaining wall or elevated structure as necessary to screen the retaining wall or structure from open view. Where required, a landscape and irrigation plan shall be reviewed and approved by the planning director. Selected plant species shall be drought tolerant and fire resistant. Suggested plants include, but are not limited to, Arbutus unedo (Strawberry Tree), Nandina domestica (Heavenly Bamboo), Parthenocissus tricuspidata (Boston Ivy), Photinia (Photinia), Pittosporum tobira (Mock Orange), Rhus lancea (African Sumac), Ribes (Currant or Gooseberry), and Xylosma congestum (Shiny Xylosma). c. Wall separation. Retaining walls shall be separated into terraced segments where necessary to break up large undifferentiated masses. d. Privacy impacts. Retaining walls and structures shall be located and designed to avoid unreasonable interference with the privacy of surrounding properties. (Ord. No. 1988, §,sC I, 2(Amd. 274, Exh. A), 2-18-97; Ord. No. 1992, Os I, 2(Amd. 277, Exh. A), 4-1-97; Ord. No. 2030, § 4, 4-20-99) Z:\Case Files\CODE AMEND \2013 \13-03 R-1 Stds.MoratoriumSouthHills\CC Hearing 12.17.13 \Ordinance.doc ATTACHMENT 2 PLANNING COMMISSION RESOLUTION NO. 3 — 5 5 4 6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF CODE fl NDMENT NO. 13-03, RELATED TO DEVELOPMENT STANDARDS IN THE RESIDENTIAL AGRICULTURAL ZONE/SINGLE FAMILY ZONE CODE AMENDMENT NO. 13-03 GENERAL EXEMPTION APPLICANT: City of West Covina LOCATION: Citywide WHEREAS, on the 7th day of May, 2013, the City Council initiated a code amendment to consider the revision of development standards in the Residential Agricultural Zone/Single Family Zone; and WHEREAS, the Planning Commission held study sessions on the 9 th day of July, 2013, the 27th day of August, 2013 and the 22nd day of October, 2013, to discuss potential revisions to the code; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 26th day of November, 2013, conduct a duly advertised public hearing as prescribed by law; and WHEREAS, studies and investigations made by this Commission and in its behalf reveal the following facts: 1. In May 2013, The City Council adopted Ordinance No. 2243 that adopted a moratorium that initiated a code amendment to consider revisions to the development standards of the Residential Agricultural Zone/Single Family Zone. 2. Due to changes in the intensity of development on single-family properties it is appropriate to review the regulations to determine if revisions to development standards should be modified for thresholds and setbacks to clarify regulations. 3. The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of Z:\Resos\2013 Resos\13-5546 CA 13-03 R-1 Standards.doc Planning Commission Resolution No. 13-5546 Code Amendment No. 13-03 November 26, 2013 - Pau 2 the CEQA Guidelines, in that the proposed action consists of a code amendment, which does not have the potential for causing a significant effect on the environment as the code revisions would require discretionary review of small structures that would be categorically exempt and would be evaluated on a case by case basis. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of West Covina as follows: SECTION NO. 1: The above recitals are true and correct and are incorporated herein as if set forth herein in full. SECTION NO. 2: Based on the evidence presented and the findings set forth, Code Amendment No. 13-03 is hereby found to be consistent with the West Covina General Plan and the implementation thereof and that the public necessity, convenience, general welfare, and good zoning practices require Code Amendment No. 13-03. SECTION NO. 3: Based on the evidence presented and the findings set forth, the Planning Commission of the City of West Covina hereby recommends to the City Council of the City of West Covina that it approves Code Amendment No. 13-03 to amend Chapter 26 (Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A." SECTION NO. 4: The Secretary is instructed to forward a copy of this Resolution to the City Council for their attention in the manner as prescribed by law and this Resolution shall go into force and effect upon its adoption. Z:\Resos\2013 Resos\13-5546 CA 13-03 R-1 Standards.doc Planning Commission Resolution No. 13-5546 Code Amendment No. 13-03 November 26. 2013 - Page 3 I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning Commission of the City of West Covina, at a regular meeting held on the 26 th day of November, 2013 by the following vote. AYES: Valles, Menefee, Castellanos, Blackburn, Holtz NOES: None ABSENT: None ABSTAIN: None DATE: November 26, 2013 Don Holtz, Ch4rman Planning Commission Jqff Afiderson, Secretary Planning Commission ZAR.esos\2013 Resos\13-5546 CA 13-03 R-1 Standards.doc Planning Commission Resolution No. 13-5546 Code Amendment No. 13-03 November 26. 2013 - Page 4 EXHIBIT A CHAPTER 26 ZONING RESIDENTIAL AGRICULTURAL ZONE/SINGLE FAMILY ZONE SECTION 1. Section 26-402 of Article VIII of Chapter 26 of the West Covina Municipal Code, off-street parking, is amended to read as follows: Sec. 26-402. - Off-street parking. (a) In R A and R 1 zones Each single-family dwelling shall provide there shall be four (4) accessible off-street parking spaces provided for each dwelling unit. A minimum of two (2) spaces shall be enclosed on three (3) sides and roofed. The provisions of this section shall apply to new single-family dwelling construction after January 1, 1993. (b) For single-family dwellings with a gross floor area (exclusive of garages) of 4,500 square feet or greater or with five (5) or more bedrooms a minimum of the three (3) off-street parking spaces located within an enclosed garage is required. Tandem parking may be permissible for the purpose of providing the three (3) required parking spaces provided tandem parking is limited to not more than one vehicle behind another and a minimum of two parking spaces are provided side- by-side at the garage entrance. Legal nonconforming covered parking spaces in existence prior to February 21, 2014 that do not fully meet these requirements may continue to be maintained, repaired, and/or rebuilt to the same size and configuration as long as such nonconforming covered parking spaces were legally established and maintained. The requirements of this Section shall apply to new construction and the expansion of existing single-family dwellings. (c) However, When a carport is not readily visible from the street, the city may determine that six-foot or higher masonry walls around the perimeter of the property (or other view-obscuring physical or topographical features) constitute enclosure. The provisions of this section shall apply to new single family dwelling construction after January 1, 1993, and when any expansion to an existing single family structure exceeds the maximum permitted for a lot as outlined in section 26 296.110. In all other cases, there roofed, provided for each dwelling unit, except as provided in subsection (e) below. (134)A1l covered parking spaces shall be enclosed on three (3) sides and roofed unless a carport is not readily visible from the street, the city may determine that six-foot or higher masonry walls around the perimeter of the property (or other view-obscuring physical or topographical features) constitute enclosure. Porte cocheres may be allowed when visible from the street if the architectural style and materials are consistent with the house, subject to the review and approval of the planning director. Z:\Resos\2013 Resos\13-5546 CA 13-03 R-1 Standards.doc Planning Commission Resolution No. 13-5546 Code Amendment No. 13-03 November 26, 2013 - Page 5 (ee) Garages and carport shall have a minimum interior clear width and depth of twenty (20) feet between columns or walls. Three-car garages shall have a minimum interior clear width of thirty (30) feet and depth of 20 feet. In cases where a tandem parking space is proposed to comply with a required three (3) car garage, a minimum of two parking spaces shall be provided side-by-side at the garage entrance and minimum ten (10) feet by twenty (20) feet shall be provided behind. Unless otherwise approved in advance by the planning director in writing, placement of garage doors shall be centered between columns or walls. Access to such parking shall be paved, not less than twelve (12) feet in width, nor wider than the garage or carport, except as modified in section 26-402.5. The balance of the required spaces, if uncovered, shall have minimum dimensions of eight (8) feet by sixteen (16) feet. (1) In the case where an expansion to the existing single-family structure exceeds the maximum permitted for a lot as .outlined in section 26-296.1101100, any garage or carport shall conform to the provisions regulating width and depth in subsection (c) of this section, and any front, side and rear yards as regulated by this article. (61D Garages or carports opening towards a side street shall be set back a minimum of twenty-two (22) feet from the property line. (e) .L .L .n• S./ , S./ J , 1 considered nonconforming. (1) Except as set forth in subsection (b)(1) of this section, where a detached accessory garage constructed by permit results in a sidc yard which subsequently does not conform to section 26 405 of this article, said side yard shall be considered a legal be permitted to maintain the legal nonconforming side yard. (fg) In addition to the minimum number of off-street parking spaces required for each dwelling unit, additional off-street parking space(s) shall be required on the basis of dwelling unit size according to the following schedule: Gross Unit Size (Sq. Ft.) Attached (Exclusive of Additional Number of Required Off-Street Parking Spaces Garages) 4000-5499 1 5500-7000 2 7001-8000 3 8001+ As per an approved CUP or maximum unit size exception Said additional space(s) may, but need not, be provided in a carport or garage. The minimum required dimensions for uncovered spaces shall be eight (8) feet by sixteen (16) feet. Z:\Resos\2013 Resos\13-5546 CA 13-03 R-1 Standards.doc Planning Conunission Resolution No. 13-5546 Code Amendment No. 13-03 November 26. 2013 - Pane 6 (g11) Garages which are intended to accommodate four (4) or more cars shall not open to any public street, unless designed as a subterranean garage. (Code 1960, § 10702.02; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1530, § 1, 2-8-82; Ord. No. 1878, § 2, 5-13-91; Ord. No. 1910, § 2, 10-13-92; Ord. No. 2030, § 4, 4-20- 99; Ord. No. 2141, § 3, 7-19-05; Ord. No. 2154, § 3, 9-19-06; Ord. No. 2184, § 3(Exh. A), 12-16-08) SECTION 2. Section 26-406.5 of Article VIII of Chapter 26 of the West Covina Municipal Code, for level rear yard requirements on lots with graded pad, is added to read as follows: Sec. 26-406.5. — Rear Yard, Level Area Requirement on Lots with Graded Pads For hillside lots with graded pads, a minimum ten (10) foot substantially flat area for pedestrian and emergency access area shall be provided between the rear of the house and the slope, measured perpendicularly from the structure (a one- story open patio cover may be located in the level area in compliance with other development standards). Legal nonconforming structures in existence prior to February 21, 2014 that do not fully meet these requirements may continue to be maintained, repaired, and/or rebuilt to the same size and configuration as long as such nonconforming structures were legally established and maintained. SECTION 1. Section 26-414 of Article VIII of Chapter 26 of the West Covina Municipal Code, for retaining walls and elevated structures, is amended to read as follows: See. 26-414. - Retaining walls and elevated structures. (a) Definitions. For the purposes of this section, the following definitions shall apply: (1) "Retaining wall" shall mean a wall designed to resist the lateral displacement of soil or other materials. The height of a retaining wall shall be measured at continuous points along the length of the wall from the top of the wall to the lowest adjacent finished grade. (2) "Landscaped crib wall" shall mean a type of retaining wall comprised of a hollow rectangular cribwork of logs, timbers, reinforced concrete beams, or steel beams filled with soil or rock, designed with vines and/or other planting extended across the face of the wall. (3) "Elevated structure" shall mean any deck, patio, view platform, tennis or sport court, or other similar structure which is elevated above finished grade. The height of an elevated structure shall be measured at continuous points around the ZAR.esos\2013 Resos\13-5546 CA 13-03 R-1 Standards.doc Planning Commission Resolution No. 13-5546 Code Amendment No. 13-03 November 26, 2013 - Page 7 perimeter of the structure from the top of the finished floor or slab level of the structure to the lowest adjacent finished grade. (4) "Screened wall or fence" shall mean any wall or fence, other than a retaining wall, designed and constructed for the purposes of screening, security, and/or separation of property. (5) "Screen wall or fence, solid" shall mean any screen wall or fence comprised of a material such that more than thirty (30) percent of the view through the fence or wall is obstructed. (b) Exemptions. The following types of retaining walls and elevated structures shall be exempt from the regulations of this section regardless of their height: (1) Retaining walls and elevated structures that are not readily visible from the ground level of surrounding properties or public rights-of-way as determined by the planning director. (2) Retaining walls necessary for reasons of emergency slope stabilization and/or public safety as determined by the city engineer. (3) Decks or balconies not exceeding two hundred (200) square feet in area which take direct access from the second story of a residence and do not extend horizontally over an area with a horizontal to vertical slope ratio of three to one (3:1) or steeper. (c) Administrative use permit required. Unless otherwise exempt pursuant to subsection (b) above the following types of retaining walls and structures may only be constructed with the approval of an administrative use permit as set forth in article VI, division 5 of this chapter: (1) Any retaining wall or elevated structure in excess of four (4) feet in height. (2) Any retaining wall or elevated structure constructed in combination with a screen wall or fence above, such that the combined height exceeds eight and one-half (8.5) feet. Wall and fence surfaces, or portions thereof, that are not solid as defined in subsection (a)(4) above shall not be counted toward the measurement of height. (3) Any structure constructed on top of an area of artificial fill created by a retaining wall or constructed on top of an elevated structure proposed or approved pursuant to subsections (1) and (2) above, such that any portion of such structure is located within five (5) feet of the edge of the retaining wall or elevated structure. Such structures shall not be subject to the maximum height limits pursuant to subsection (d) below. (d) Maximum height. Except for those walls and structures exempted pursuant to subsection (b) above, no retaining wall (except for a landscaped crib wall) or elevated structure shall exceed a maximum height of eight (8) feet, and no landscaped crib wall shall exceed a maximum height of fifteen (15) feet. The height of screen walls and fences constructed above retaining walls and elevated structures shall comply with the standards set forth in section 26 112 section 26-413 of this article. Z:\Resos\2013 Resos\13-5546 CA 13-03 R-1 Standards.doe Planning Commission Resolution No. 13-5546 Code Amendment No. 13-03 November 26, 2013 - Page 8 (e) Required Setbacks for Elevated Structures. All elevated structures shall provide side setbacks of 1.5 times the required side setbacks and shall comply with the required rear yard setback specified in section 26-406. (eD Parallel retaining walls and fences. Any retaining walls constructed in combination with other retaining walls, screen walls and/or fences on the same property that are separated and approximately parallel to each other shall be separated by a horizontal distance of three (3) feet or greater. Where two (2) or more walls and/or fences are approximately parallel to each other and separated by a horizontal distance of less than five (5) feet, the parallel walls and/or fences shall be treated as a single wall and the height shall be measured at continuous points from the lowest adjacent finished grade of the lowest wall or fence segment to the top of the highest wall or fence segment. The area between parallel retaining walls and other walls and fences shall be landscaped such that a minimum of two-thirds (2/3) of the wall surface will be screened from view once the landscaping reaches maturity. (fg) Maintenance. It shall be the responsibility of the property owner, or other person leasing, occupying, or having charge or possession of a property to properly maintain all retaining walls, including any associated drainage and irrigation systems, in a safe and undamaged condition. All landscaping required per this section shall be maintained in compliance with the standards set forth in section 26 41 /1 section 26- 416 of this article. (g)Submittal requirements. In addition to the application requirements set forth in division 1, article VI of this chapter, the following information shall also be provided: (1) Site plan for the entire site indicating the proposed location of the retaining wall or elevated structure. The plan shall include existing and proposed topographic contours, existing trees and vegetation, elevations for the top and bottom of the proposed wall or structure, and the setback from all property lines. (2) Elevation drawings depicting the proposed architectural treatment, including proposed colors and materials. (3) Cross-section of the proposed retaining wall or elevated structure at its point of maximum height indicating the existing and finished grade and the height of the structure as it relates to the finished grade. (4) Landscape/irrigation plan indicating the size and species of all proposed plant materials. (hi) Findings. Before an application for an administrative use permit for a retaining wall/elevated structure may be granted, the following findings shall be made: (1) The proposed retaining wall, elevated structure, and/or other structure, has been designed so as to substantially minimize any adverse aesthetic and visual impacts as visible from surrounding properties and public rights-of-way. (2) The proposed retaining wall, elevate structure, and/or other structure complies with the following design standards: Z:\Resos\2013 Resos\13-5546 CA 13-03 R-1 Standards.doc Planning Commission Resolution No. 13-5546 Code Amendment No. 13-03 November 26, 2013 - Pare 9 a. Colors and materials. Decorative materials and/or design elements shall be used as necessary to enhance the aesthetic appearance of the retaining wall or structure. Suggested materials include, but are not limited to, stone, masonry, wood, textured poured concrete, and textured colored precision- block with colored grout. Natural and earth-tone colors should be utilized for retaining walls to blend the wall with existing surroundings. A variation in design or materials should be used where necessary to break up large masses and/or add visual interest. b. Landscaping Landscaping shall be integrated into the design of the retaining wall or elevated structure as necessary to screen the retaining wall or structure from open view. Where required, a landscape and irrigation plan shall be reviewed and approved by the planning director. Selected plant species shall be drought tolerant and fire resistant. Suggested plants include, but are not limited to, Arbutus unedo (Strawberry Tree), Nandina domestica (Heavenly Bamboo), Parthenocissus tricuspidata (Boston Ivy), Photinia (Photinia), Pittosporum tobira (Mock Orange), Rhus lancea (African Sumac), Ribes (Currant or Gooseberry), and Xylosma congestum (Shiny Xylosma). c. Wall separation. Retaining walls shall be separated into terraced segments where necessary to break up large undifferentiated masses. d. Privacy impacts. Retaining walls and structures shall be located and designed to avoid unreasonable interference with the privacy of surrounding properties. (Ord. No. 1988, §§ 1, 2(Amd. 274, Exh. A), 2-18-97; Ord. No. 1992, §§ 1, 2(Amd. 277, Exh. A), 4-1-97; Ord. No. 2030, § 4, 4-20-99) Z:\Resos\2013 Resos\13-5546 CA 13-03 R-1 Standards.doe Adopted 12/10/13 ATTACHMENT 3 AGENDA DATE: December 10, 2013 ITEM NO.: 1 MINUTES REGULAR MEETING OF THE PLANNING COMMISSION CITY OF WEST COVINA Tuesday, November 26,2013 The regular meeting of the Planning Commission was called to order at 7:00 p.m. in the West Covina Council Chambers. Commissioner Castellanos led the Pledge of Allegiance and the Commission observed a moment of silence. ROLL CALL Present: Blackburn, Castellanos, Holtz, Menefee and Valles Absent: None City Staff Present: Ewing, Anderson, Wong, Garcia, Hernandez, Morales and de Zara APPROVAL OF MINUTES: 1. Regular meeting, November 13, 2013 — The minutes were approved as presented. OTHER MATTERS OR ORAL COMMUNICATIONS None PUBLIC HEARINGS 2. PRECISE PLAN NO. 13-04 TENTATIVE TRACT MAP NO. 72644 TREE REMOVAL PERMIT NO. 13-08 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: LMI Lakes West Covina, LLC (Lennar) LOCATION: 301 South Glendora Avenue REQUEST: Request to revise a previously approved project to increase the number of residential units from 412 to 450 units, to increase the restaurant space from 2,500 square feet to 10,000 square feet, decrease the retail space from 17,500 square feet to 9,683 square feet and to construct additional parking spaces to meet the off-street parking requirement of the Lakes Specific Plan. Senior Planner Fabiola Wong presented the staff report and spoke about the proposed changes to the approved project. After her presentation, Planning Director Jeff Anderson spoke about the Central Business Di§trict Land Use designation that was adopted during the Housing Element Update. There was a short discussion by the Z:\PLANCOM\MINUTES\2013 MINUTES\ 11.26.13 minutes.doc Planning Commission Minutes Pan 2 — November 26, 2013 Commission and Chairman Holtz asked if the residential units would be rented or purchased by the occupants. Chairman Holtz also asked about the tentative completion date for this project. Chairman Holtz opened the public hearing. PROPONENTS: Scott Rynder, representing Lennar, Jose Jimenez, Herb Redholtz, Dr. Forrest Tennant, Carolyn Arndt, Harvey Sherman, Laura Jimenez, George Ogden, and Dave Stewart spoke in favor of the project. Mr. Rynder said there were several members of the development team present to answer technical questions by the Commission. He also said the amendments to the approved precise plan would result in more off-street parking and open space for the residents of the project. Commissioner Menefee commented that the art work required by Art In Public Places code section should be visible to the public. Commissioner Valles asked about the reasons for the changes to the number of units. Mr. Jimenez, Mr. Redholtz, Dr. Tennant, Ms. Arndt, Mr. Sherman, Ms. Jimenez, Mr. Ogden and Mr. Stewart all commented on the project regarding park dedication fees, the quality of past projects by Lennar, the possible revitalization of the Lakes and Glendora Avenue shops, loss of property value in the area due to the existing blight on the project site, concern that the West Covina Fire Department equipment would be suitable for use in case of an emergency, the improvements to the approved project and the possibility of getting FIOS installed during construction of the project. OPPONENTS: Jerri Potras, John Shewmaker and Sharon Anderson spoke in opposition. They expressed their concern about the density of the project, possible rental units in the project and the negative impact this project might have on traffic and the quality of life in the surrounding area. REBUTTAL: Mr. Rynder rebutted the testimony in opposition by saying that the developer intends to create a recreational area within the project for children. In addition, he said the proposed amendments to the project would create more parking for the residents. He also said there were plans to have security via a courtesy patrol within the project. Chairman Holtz closed the public hearing. There was a discussion by the Commission regarding the appeal process to the City Council, the Fire Department review of the project, and the amendments to the resolutions approving this project. ZAPLANCOMMINUTES\2013 MTNUTES\11.26.13 minutes.doc Planning Commission Minutes Page 3 —November 26. 2013 Commissioner Blackburn expressed his support of the project saying that it would help address blight in the area. Commissioner Castellanos said he was concerned with additional traffic in the area but expressed his hope that the project would help improve business in the area. Commissioner Menefee stated his opinion that this was a good mixed-use project and expressed his desire to see other similar projects in the future. Commissioner Valles concurred with the statements by Commissioner Menefee and said perhaps the traffic could be mitigated. Chairman Holtz also expressed his support of the project and said the developer had a good reputation for building quality developments. He also expressed his belief that the project will attract professionals and help reduce blight in the area. Motion by Menefee, seconded by Valles, to adopt Resolution No. 13-5541, certifying the Mitigated Negative Declaration of Environmental Impact and approving Precise Plan No. 13-04 as amended, Resolution No. 13-5542, approving Tentative Tract Map No. 71644, and Resolution No. 13-5543, approving Tree Removal Pelinit No. 13- 5543 Motion carried 5-0. Chairman Holtz called a recess at 8:30 p.m. Chairman Holtz reconvened the meeting at 8:45 p.m. In preparation for the next hearing, Chairman Holtz asked Deputy City Attorney Vincent Ewing to review the items that can be considered by the Planning Commission for wireless telecommunications facilities. 3. CONDITIONAL USE PERMIT NO. 13-07 VARTANCE NO. 13-20 CATEGORICAL EXEMPTION APPLICANT: Shannon Nichols, Smartlink for AT&T Wireless LOCATION: 3620 South Nogales Street (Quail Ridge Shopping Center) REQUEST: Request for approval of a conditional use permit to allow the installation of an unmanned 60-foot tall wireless telecommunications facility at 3620 South Nogales Street. The applicant is also requesting the approval of a variance to deviate from the minimum separation requirement between wireless telecommunication facilities. Chairman Holtz recused himself from this matter due to a possible conflict of interest and left the Council Chambers. Vice Chairman Menefee conducted the public hearing. Associate Planner Ron Garcia presented the staff report. Vice Chairman Menefee opened the public hearing. ZAPLANCOM\MINUTES\2013 MINUTES\11.26.13 minutes.doc Planning Commission Minutes Page 4 — November 26. 2013 PROPONENT: Shannon Nichols, representing AT&T Wireless, said that nearby wireless facilities were unable to accommodate collocation for this carrier. In addition, she said that this facility would provide better to service to, the surrounding community. Ms. Nichols also submitted information on health studies in case the Commissioners were interested in this type of information. OPPONENT: Charles Doan said he's a local resident and expressed his concern with information he found when he researched cell towers. In addition, he said he was concerned with low frequency noise and lighting that would be intrusive to his home. Further he said he was concerned with loss of value for his property and that maintenance of the site would be loud and annoying. REBUTTAL: Ms. Nichols rebutted the testimony by saying that there was very little noise generated by wireless telecommunication facilities. In addition, she said a block wall that would help keep sound to a minimum would surround this site. She also said there would not be lights and maintenance would be done during the day unless there was an emergency. Commissioner Blackburn asked if there was a back-up power source, such as a generator. Vice Chairman Menefee closed the public hearing. Commissioner Valles expressed her concern with cell towers and said it was unfortunate the Commission was prohibited from considering health issues. She also said there were other towers in the area and expressed her reluctance to allow another one in an area that was close to homes and a school. Commissioner Blackburn asked a question regarding the reason collocation on an existing site wasn't possible. Commissioner Castellanos said he was concerned with cell towers but they are necessary to provide internet service to a number of devices. Motion by Castellanos, seconded by Blackburn to adopt Resolution No. 13-5544, approving Conditional Use Permit No. 13-07, and Resolution No. 13-5545, approving Variance No. 13-5545. Motion carried 3-1(Holtz, abstained, Valles opposed.) Chairman Holtz returned to the dais and resumed chairing the meeting. ZAPLANCOMMINUTES\2013 MINUTES \ 11.26.13 minutes.doc Planning Commission Minutes Paee 5 — November 26, 2013 4. CODE AMENDMENT NO. 13-03 GENERAL EXEMPTION APPLICANT: City of West Covina LOCATION: Citywide REQUEST: The proposed code amendment consists of certain amendments to the Zoning section of the West Covina Municipal Code for the Residential Agricultural/Single Family Residential Zone development standards. The proposed code amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3). Planning Director Jeff Anderson presented the staff report and reviewed the discussions held during the previous study sessions. PROPONENT: Michael Van Datle, representing Van Daele Homes, and Erik Sheck spoke in favor of the code amendment. Mr. Van Daele said his company had purchased lots that were affected by the moratorium and would be directly affected by this code amendment. Mr. Sheck said he appreciated being able to give l his input regarding this matter, and made recommendations regarding the tandem parlcing space requirements, the process and review for decks and the ratio of pad size to floor area. There was a short discussion by the Commission regarding Mr. Sheck's recommendations and the use of screen walls on decks. OPPONENTS: No one spoke in opposition to this matter. Chairman Holtz closed the public hearing. Commissioner Menefee asked questions about the tandem parking recommendation and also asked what size of vehicles would be able to park in a space this size. Commissioner Blackburn asked about covered patios. Staff said they could add language to the code amendment that would allow covered patios in the 10-foot area for lots in hillside areas, but not enclosed patios. During the discussion, the Commission stated that they would agree to approve the proposed code amendment, as amended, allowing open patios, consideration of a review process for decks and amended standards for covered parking and tandem parking spaces. Motion by Blackburn, seconded by Castellanos,i to recommend to the City Council, approval of Code Amendment No. 13-03, as amended. Motion carried 5-0. Z:\PLANCOM\MINUTES\2013 MINUTES \ 11.26.13 minutes.doc Planning Commission Minutes Page 6 —November 26. 2013 NON-HEARING ITEMS None CONTINUATION OF ORAL COMMUNICATIONS None COMMISSION REPORTS/COMMENTS AND MISCELLANEOUS ITEMS None PLANNING DIRECTOR'S REPORT: Mr. Anderson said the mall was no longer owned by Westfield. He said signage at the mall now indicates Plaza West Covina. CITY COUNCIL ACTION: Zone Change No. 13-03, 502 and 520 Lark Ellen (Warmington Residential) was continued to December 17, 2013. ADJOURNMENT Motion by Blackburn, seconded by Menefee, to adjourn the meeting at 9:50 p.m. Motion carried 5-0. Z:\PLANCOM\MINUTES\2013 MINUTES \ 11.26.13 minutes.doc ATTACHMENT 4 AGENDA ITEM NO. 4. DATE November 26, 2013 PLANNING DEPARTMENT STAFF REPORT CODE AMENDMENT NO. 13-03 GENERAL EXEMPTION APPLICANT: City of West Covina LOCATION: Citywide I. DESCRIPTION OF APPLICATION On May 7, 2013, the City Council initiated a code amendment to study the Residential Agricultural/Single Family Zone development standards. The Planning Department recommended that six standards be reviewed, most of which are standards for hillside properties. Additionally, the City Council adopted a moratorium on 79 vacant properties located on Skyview Lane, Rolling Hills Road, Countrywood Lane, Hidden Valley Drive, Inspiration Point, Outlook Lane, Horizon Hills Drive, Majestic Street, and Mountain Ridge Road. These properties are located in a hillside area with varied topography where physical improvements can create view and privacy impacts. H. STAFF RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution recommending approval of Code Amendment No. 13-03 to the City Council. III. ENVIRONMENTAL DETERMINATION The proposed code amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines in that it consists of a code amendment, which does not have the potential for causing a significant effect on the environment. VI. PROJECT DESCRIPTION AND ANALYSIS Over the past few years, staff has been contacted by prospective developers soliciting information on the possible development of a number of vacant lots in the South Hills area. Based on the topography of the area and on concerns expressed over the years regarding ZACase Files\CODE AMEND\2013\13-03 R-1 Stds.MoratoriumSouthHills\PCHegring 11.26.13 \Staff Report.doc Code Amendment No. 13-03 R-A/R-1 Zone Development Standards November 26,2013 - Page 2 some current development standards, staff compiled a list of development standards that had been questioned. This list was presented to the City Council and is the basis for the Code Amendment. Five of the six issues primarily deal with lots in areas of topography (hillside areas). The following are the five issues for lots in areas of topography. 1. Ratio of Pad Size to Floor Area. The question is whether there should be a zoning standard that requires a ratio between the pad size and the floor area of the house. Currently, there is a zoning standard that establishes a ratio between the lot size and the floor area of the house; however, the pad size can be substantially smaller than the lot size in an area of varied topography (See Attachment 1). This could be an issue if the size of the footprint of the house is so large that it uses all the level part of the property. 2. Appropriate Pad Size. The question is whether the pad sizes on the lots are appropriate in size or should be larger to allow for level open space areas around the houses. The pad sizes have already been created. The concern is that some of the pads may be too small to allow for large houses and level yard area. To modify the pad area would require a new engineering design and grading. 3. Number of Stories. The question is whether the current Municipal Code standards for measuring building height and number of stories are appropriate in hillside lots. The current definition, while limiting the house to two stories, allows basements in what may appear to be three-story structures on the downhill portion of the house. (See Attachment 2) 4. Standards and Review Process for Decks. The question is whether the current zoning standards and review process for decks (also called "elevated structures" in the Municipal Code) are appropriate. The Municipal Code requires that decks, (a view platform structure that is elevated above finished grade) between four feet and eight feet in height, obtain the approval of an Administrative Use Permit (See Attachment 3). Decks over eight feet in height are not allowed by Code and must obtain a variance. An Administrative Use Permit requires the noticing to residents in a 300-foot radius and is reviewed by the Planning Director. 5. Common Area Maintenance for Drainage and Landscaping of Slopes. The question is whether there should be some type of requirement for common area maintenance of drainage and/or landscape improvements on the slopes. Subdivisions that are reviewed today are required to have an HOA (Homeowner's Association) so that slopes would be in a common area that is communally maintained and financed. Currently some of the lots have cross lot drainage which requires each individual property owner to maintain the drainage swales (See Attachment 4). Swales Z:\Case Files\CODE AMEND\2013\13-03 R-1 Stds.MoratoriumSouthHills\PCHearing 11.26.13 \Staff Report.doc Code Amendment No. 13-03 R-A/R-1 Zone Development Standards November 26, 2013 - Page 3 that are not well maintained could cause drainage issues and erosion. Many of the lots also include large sections of hillside. If the landscaping in these areas is not maintained by the property owner, there can be issues with erosion as well as the negative aesthetic issues. This has occurred in other neighborhoods in the City and has become a code enforcement matter. The remaining issue, while an issue in hillside areas, also affects lots in other parts of the City in cases where additions or rebuilds led to larger houses. The following is the issue that affects all lots in the City. 6. Standards for Covered Parking. The question is whether current standards for required covered parking (garage/carport) are appropriate. Currently, the Code requires two covered parking spaces, no matter how large the house is. The Code further requires two open parking spaces for each house. However, the larger the floor area of the house, the greater the number of open parking spaces are required. The standards for additional open parking spaces are provided below. Gross Unit Size (Sq. Ft.) (Exclusive of Attached Garages) Additional Number of Required Off-Street Parking Spaces 4,000 — 5,499 1 5,500 —7,000 2 7,001 — 8,000 8001+ As per an approved CUP or maximum unit size exception Houses with large floor areas or large numbers of bedrooms can result in a greater number of cars being parked on residential streets if they provide the minimum amount of parking required. In order to study the six issues, the Planning Commission held three study sessions (July 9, 2013, August 27, 2013, and October 22, 2013). At these study sessions, the Planning Commission evaluated potential changes to the Municipal Code and determined not to recommend any changes to three of the issues. These issues include Appropriate Pad Size, Building Height and Number of Stories, and Common Area Maintenance for Drainage and Landscaping of Slopes. The Commission did decide to recommend changes to the Municipal Code for the following issues. • Ratio of Pad Size to Floor Area. The consensus of the Commissioners was that it might be appropriate to require a level area behind the house (between the slope and the house) rather than a pad coverage ratio. The recommendation is for a 10-foot level area. (This standard was designed after a standard from the City of Walnut.) Z:\Case Files\CODE AMEND\2013\13-03 R-1 Stds.MoratoriumSouthHills\PCHearing 11.26.13 \Staff Reportdoe Code Amendment No. 13-03 R-A/R-1 Zone Development Standards November 26, 2013 - Page 4 • Standards and Review Process for Decks. The Municipal Code currently allows decks and balconies in the same manner as it allows for room additions; however, decks and balconies have a greater effect on privacy than room additions. The consensus of the Commission was to require 50% greater side yard setbacks for decks and balconies and a minimum 25-foot rear yard setback. • Standards for Covered Parking. The Municipal Code currently requires a two car garage for all single-family houses. The consensus of the Commissioners was to require three-car garages when the floor area of the house exceeds 4,500 square feet or has five or more bedrooms. The Commission determined that it was appropriate to allow tandem garages to comply with the three-car garage standard. Conclusion The proposed amendments have been drafted and the code text is attached to the resolution for your review (Attachment 1). If the Planning Commission chooses to recommend approval of the proposed code amendment, the City Council will hold a public hearing to consider adopting the proposed amendments. VI. STAFF RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution recommending approval of Code Amendment No. 13-03 to the City Council. Jef .Miderson, AICP Planning Director Attachments: Attachment 1 - Code Amendment Resolution Attachment 2 — Planning Commission Minutes, October 22, 2013 Attachment 3 — Planning Commission Staff Report, Study Session, October 22, 2013 Attachment 4 — Table, Planning Commission, October 22, 2013 ZACase Files\CODE AMEND\2013\13-03 R-1 Stds.MoratoriumSouthHills\PCHearing 11.26.13\ Staff Reportdoc City of West Covina ATTACHMENT 5 TO: Planning Commission FROM: Planning Department Memorandum AGENDA ITEM NO. 4. DATE: October 22, 2013 SUBJECT: STUDY SESSION CODE AMENDMENT NO. 13-03, Single-Family Residential Standards I. DESCRIPTION On May 7, 2013, the City Council initiated a code amendment to study the Residential Agricultural/Single Family Zone development standards. The Planning Department recommended that six standards be reviewed, most of which are standards for hillside properties. Additionally, the City Council adopted a moratorium on 79 vacant properties located on Skyview Lane, Rolling Hills Road, Countrywood Lane, Hidden Valley Drive, Inspiration Point, Outlook Lane, Horizon Hills Drive, Majestic Street, and Mountain Ridge Road. These properties are located in a hillside area with varied topography where physical improvements can create view and privacy impacts. Study sessions were held by the Planning Commission on July 9, 2013 (when the Commissioners were introduced to the issues) and August 27, 2013 (when the Commissioners discussed the issues). IL DISCUSSION The six standards under review include the following Ratio of Pad Size to Floor Area. The question is whether there should be a zoning standard that requires a ratio between the pad size and the floor area of the house. Appropriate Pad Size. The question is whether the pad sizes on the lots are appropriate in size or should be larger to allow for level open space areas around the houses. Building Height and Number of Stories. The question is whether the current Municipal Code standards for measuring building height and number of stories are appropriate in hillside lots. ZACase Files\CODE AMEND \2013 \13-03 R-1 Stds.MoratoriumSouthHills\PC 10.22.13 \Study Session.PC.doc Code Amendment 13-03 R-1 Development Standards October 22,2013 - Page 2 Common Area Maintenance for Drainage and Landscaping of Slopes. The question is whether there should be some type of requirement for common area maintenance of drainage and/or landscape improvements on the slopes. Standards for Covered Parking. The question is whether current standards for required covered parking (garage/carport) are appropriate. At the study session on August 27, 2013, staff provided survey results of zoning standards for surrounding cities on the issues under consideration. A table was also prepared providing a discussion of the issue, options available, and a staff recommendation. At the conclusion of the study session, the Commission determined that they would not recommend any changes to three of the issues, including Appropriate Pad Size, Building Height and Number of Stories, and Common Area Maintenance for Drainage and Landscaping of Slopes. No additional analysis has been completed on those issues. At that study session, the Commission requested an additional study session on the three remaining issues, the Ratio of Pad Size to Floor Area, Standards and Review Process for Decks and Standards for Covered Parking. The following is the discussion regarding potential changes to the Municipal Code. • Ratio of Pad Size to Floor Area. The Commission discussed the concept of establishing a pad coverage ratio. The consensus of the Commissioners was that it might be appropriate to require a level area behind the house (between the slope and the house) rather than a pad coverage ratio. Staff recommends consideration of a 10-foot level area (Walnut has that standard); however the Commissioners were contemplating requiring 15 feet. • Standards and Review Process for Decks. The Municipal Code currently allows decks and balconies in the same manner as it allows for room additions; however, decks and balconies have a greater effect on privacy than room additions. The consensus of the Commission was to require 50% greater setbacks for decks and balconies and a minimum 25-foot rear yard setback. Staff is recommending that the code amendment be drafted to include that standard. • Standards for Covered Parking. The Planning Commissioners evaluated the options for establishing thresholds for 3-car garages. The consensus of the Commissioners was to require 3-car garages when the floor area of the house exceeds 4,500 square feet or has 5 or more bedrooms. The Commission discussed whether tandem garages could be used to comply with the 3-car garage standard and if the current thresholds for requiring compliance with garage standards were appropriate. Staff is recommending that the code ZACase Files\CODE AMEND\2013\13-03 R-1 Stds.MoratoriumSouthHills\PC 10.22.13 \Study Session.PC.doc Code Amendment 13-03 R-1 Development Standards October 22, 2013 - Page 3 amendment be drafted to allow for tandem spaces to comply with the 3-car garage requirement. Conclusion The purpose of the study session is to provide the Planning Commission with a discussion and alternatives on the remaining three issues being studied. If the Planning Commission comes to an agreement (either that a code amendment should be drafted or that a code amendment is not appropriate) then the next step will be to schedule a public hearing before the Planning Commission. Subsequent to Planning Commission review, a public hearing will be scheduled for the City Council to determine if changes to the Code are appropriate. III. RECOMMENDATION Staff recommends that the Planning Commission review the information in the staff report and attachments and provide appropriate direction to staff regarding standards to be included in the code amendment. PREPARED BY: JATAnderson, AICP laming Director Attachments: Attachment 1 — Code Amendment Analysis Table Attachment 2 — Planning Commission Staff Report, 8/27/13 Attachment 3 — Code Amendment Analysis Table, 8/27/13 ZACase Files\CODE AMEND\2013 \ 13-03 R-1 Stds.MoratoriumSouthHills\PC 10.22.13 \Study Session.PC.doc Review of Ordinance for R-1 Standards, October 22, 2013 Item Discussion Options Recommendation 1. Ratio of Pad Currently, there is a zoning standard that establishes a ratio Option 1-No change Option 3—Requiring a 10- Size to Floor between the lot size and the floor area of the house; Option 2-Require a maximum foot level area emergency Area. however, there is no zoning standard establishing a ratio Pad Size Ratio of 50%. access area behind each between the pad size and the floor area of the house. The Option 3-Require a 10-foot house will allow for access consequences of establishing a ratio is that it would affect level access area behind each and reduce encroachment • all existing hillside lots that were developed with pads, requiring additional information from applicants doing house. . • Option 4 -Require a 15-foot into slope areas. The code amendment should include additions or adding patio covers to existing houses. level access area behind each house. language that "grandfathers" houses that currently exist - – - . -do-not-coply• with-the-- -that m: newrequirement. . . 2. Standards The Municipal Code requires that decks, (a view platform Option 1-Allow an . Option 3—Most side yard and Review structure that is elevated above finished grade) between administrative use permit for setbacks in hillside areas are 7 Process for four feet and eight feet in height obtain the approval of an decks up to 10 feet in height. or 10 feet Decks and . Decks. administrative use permit. Decks over eight feet in height Option 2-No change. balconies can create issues of , are not allowed by Code and must obtain a variance. An administrative use permit requires the noticing to residents Option 3-Require 50% greater side yard setbacks and a privacy and view impacts. Requiring additional setbacks in a 300-foot radius and is reviewed by the Planning Director. The consequences of changing the standards are that most of the decks constructed in the City were constructed under the current standards and those decks would become nonconforming uses. minimum 25-foot rear yard for decks requiring the . approval of an administrative use permit. can reduce the concerns. Z:\Case Files \CODE AMEND \2013 \ 13-03 R-1 Stds.MoratoriumSouthHills \PC 10.22.13 \ S STable.PC. do cPage 1 9 IMMAIHDVIIV Review of Ordinance for R-1 Standards, October 22, 2013 Item Discussion Options Recommendation 3. Standards for Covered Currently, the Code requires two covered parking spaces, no matter how large the house is. The Code further Option 1-No change Option 2-Adopt a standard Option 4-Adopt a standard requiring 3 covered parking Parking. requires two open parking spaces for each house. requiring 3 covered parking spaces when the floor area of However, the larger the floor area of the house, the greater spaces when the house has a the house is greater than 4,500 the number of open parking spaces are required. floor area of 4,500 square square feet or the house has 5 Requiring additional covered parking spaces could reduce feet or greater. or more bedrooms. It is likely the number of cars parked on the street and maintain the Option •3-Adopt a standard that a house of this size and • character of single-family neighborhoods. The requiring 3 covered parking number of bedrooms will consequences of modifying the parking requirement is spaces when the house has 5 have more vehicles than an that additions to existing-houses could-require-the addition or more bedrooms. average-sized. house. The of garage space which could greatly affect the layout of Option 4-Adopt a standard code amendment should the ground floor of the house. requiring 3 covered parking include language that • spaces when the floor area of the house is greater than "grandfathers" houses that currently exist that do not • 4,500 square feet or the house has 5 or more • bedrooms. comply with the new requirement. • Z:\Case Files\CODE AMEND\2013\13-03 R-1 Stds.MoratoriumSouthHills\PC 10.22.13 \SSTable.PC.docPage 2 Review of Ordinance for R-1 Standards, October 22, 2013 Item Discussion Options Recommendation 4. Standards for Covered Currently, the Code requires two covered parking spaces, no matter how large the house is. The Code further Option 1-Allow a tandem space to comply with the Option 1-Allowing the 3rd car garage as a tandem garage Parking. requires two open parking spaces for each house. Given requirement for a 3-car will require the same square Tandem the previous item regarding the requirement for additional garage. footage. 3-car garages can Spaces parking spaces for houses greater than 4,500 square feet Option 2-Require a 3-car dominate the front elevation and .5 bedrooms, the issue of tandem spaces should also be garage with each space of a house, allowing a 2-car discussed. Currently, the Code requires a 20 foot by 20 accessible from the garage with a tandem parking foot garage area, so tandem parking spaces cannot be used for required parking. Extra parking spaces could be driveway, space can improve the aesthetic of a house. In - constructed in a tandem layout. - addition3-many additions to existing houses will be required to add a 3-car garage, necessitating the remodel of the 1st floor of the house to accommodate a 3-car garage. Z:\Case Fi1es\CODE AMEND\2013 \ 13-03 R-1 Stds.MoratoriumSouthHills\PC 10.22.13 \SSTable.PC.docPage 3 City of West Covina ATTACHMENT 7 TO: Planning Commission FROM: Planning Department Memorandum AGENDA ITEM NO. 7. DATE: August 27, 2013 • SUBJECT: STUDY SESSION CODE AMENDMENT NO. 13-03, Single-Family Residential Standards I. DESCRIPTION On May 7, 2013, the City Council initiated a code amendment to study the Residential Agricultural/Single Family Zone development standards. The Planning Department has recommended that six standards be reviewed, most of which are standards for hillside properties. Additionally, the City Council adopted a moratorium on 79 vacant properties located on Skyview Lane, Rolling Hills Road, Countrywood Lane, Hidden Valley Drive, Inspiration Point, Outlook Lane, Horizon Hills Drive, Majestic Street, and Mountain Ridge Road. These properties are located in a hillside area with varied topography where physical improvements can create view and privacy impacts. A study session was held by the Planning Commission on July 9, 2013 at which time the six standards to be evaluated were presented to the Commission. II. DISCUSSION Over the past few years, as staff was contacted by various developers about developing the vacant lots in the South Hills area, staff had made note of the issues with development in that area as well as in other parts of the City. This list was presented to the City Council and is the basis for the code amendment. Five of the six• issues primarily deal with lots in areas of topography (hillside areas). The following are the five issues for lots in areas of topography. 1. Ratio of Pad Size to Floor Area. The question is whether there should be a zoning standard that requires a ratio between the pad size and the floor area of the house. Currently, there is a zoning standard that establishes a ratio between the lot size and the floor area of the house; however, the pad size can be substantially smaller than the lot size in an area of varied topography. This could be an issue if the size of the footprint of the house is so large that it uses all the level part of the property. (Attachment 4) ZACase Files\CODE AMENDV2013 113-03 R-1 Stds.MoratoriumSouthHills\PC 8.27.13\Study Session.PC.doc Code Amendment 13-03 R-I Development Standards August 27, 2013 - Page 2 2. Appropriate Pad Size. The question is whether the pad sizes on the lots are appropriate in size or should be larger to allow for level open space areas around the houses. The pad sizes have already been created. The concern is that some of the pads may be too small to allow for large houses and level yard area. To modify the pad area would require a new engineering design and grading. 3. Building Height and Number of Stories. The question is whether the current Municipal Code standards for measuring building height and number of stories are appropriate in hillside lots. The current definition limits the height of the house to two stories (25 feet). The building height for single-family houses is measured from any point of the roof structure to finished grade directly below that point. The measurement of height in combination with Building Code standards allows basements in what may appear to be three-story structures on the downhill portion of the house. (Attachment 5) 4. Standards and Review Process for Decks. The question is whether the current zoning standards and review process for decks (also called "elevated structures" in the Municipal Code) are appropriate. The Municipal Code requires that decks (a view platform structure that is elevated above finished grade) between four feet and eight feet in height, obtain the approval of an administrative use permit. Decks over eight feet in height are not allowed by Code and must obtain a variance. An administrative use permit requires the noticing of residents in a 300-foot radius and is reviewed by the Planning Director. (Attachment 6) 5. Common Area Maintenance for Drainage and Landscaping of Slopes. The question is whether there should be some type of requirement for common area maintenance of drainage and/or landscape improvements on the slopes. Subdivisions that are reviewed today are required to have an HOA (Homeowner's Association) so that slopes would be in a common area that is communally maintained and financed. Currently some of the lots have cross lot drainage which requires each individual property owner to maintain the drainage swales. Swales that are not well maintained could cause drainage issues and erosion. Many of the lots also include large sections of hillside. If the landscaping in these areas is not maintained by the property owner, there can be issues with erosion as well as the negative aesthetic issues. This has ZACase Files\CODE AMEND\2013\13-03 R-1 Stds.MoratoriumSouthHills\PC 8.27.13\Study Session.PC.doc Code Amendment 13-03 R-1 Development Standards August 27, 2013- Page 3 occurred in other neighborhoods in the City and has become a code enforcement matter. (Attachment 7) The remaining issue, while an issue in hillside areas, also affects lots in other parts of the City in cases where additions or rebuilds lead to larger houses. The following is the issue that affects all lots in the City. 6. Standards for Covered Parking. The question is whether current standards for required covered parking (garage/carport) are appropriate. Currently, the Code requires two covered parking spaces, no matter how large the house is. The Code ftirther requires two open parking spaces for each house. However, the larger the floor area of the house, the greater the number of open parking spaces are required. The standards for additional open parking spaces are provided below. Gross Unit Size (Sq. Ft.) (Exclusive of Attached Garages) Additional Number of Required Off-Street Parking .Spaces 4,000 — 5,499 1 5,500 — 7,000 2 7,001 — 8,000 8001+ . As Per an approved CUP or maximum unit size exception Houses with large floor areas or large numbers of bedrooms can result in a greater number of cars being parked on residential streets if they provide the minimum amount of parking required. Analysis Staff surveyed and obtained information on zoning standards from some surrounding cities (Attachment 1). In addition, a table has been prepared to allow discussion of each Of the topics listed above. Staff has separated each item and included a discussion of the issue (including issues and consequences), options and a recommendation. The table is attached for your review (Attachment 2). Staff is requesting that the Commission provide direction on each of the proposed revisions to the Code. Z:\Case Files\CODE AMEND\2013\13-03 R-1 Stds.MoratoriumSoutliFlills\PC 8.27.13 \Study Session.PC.doc Code Amendment 13-03 R-1 Development Standards August 27, 2013- Page 4 Conclusion The purpose of the study session is to provide the Planning Commission with a discussion and alternatives on the issues being studied. After discussion on the issues, the Commission may ask for additional information to be provided which will necessitate another study session. Alternatively, the Planning Commission may come to a consensus on moving forward with the code amendment. If the Planning Commission comes to an agreement, either that a code amendment should be drafted (for all or some of the issues), or that a code amendment is not appropriate, then the next step will be to schedule a public hearing before the Planning Commission. Subsequent to Planning Commission review, a public hearing will be scheduled for the City Council to determine if changes to the code are appropriate. III. RECOMMENDATION Staff recommends that the Planning Commission review the information in the staff report and attachments and provide appropriate direction to staff regarding standards to be included in the code amendment. PREPARED BY: Jef Afideron, AICP Planning Director Attachments: Attachment 1 — Survey of Surrounding Cities Attachment 2 — Code Amendment Analysis Table Attachment 3 — Planning Commission Staff Report, 7/9/13 Attachment 4 — Graded Pad Graphic Attachment 5 — Number of Stories Graphic Attachment 6 — Standards and Review Process for Decks Graphic Attachment 7 — Private Slope Graphic Z:\Case Files\CODE AMEND\2013 \13-03 R-1 Stds.MoratoriumSouthHills\PC 8.27.13 \Study Session.PC.doc Review of Ordinance for R-1 Standards, August 13, 2013 Item Discussion Options Recommendation 1. Ratio of Pad Currently, there is a zoning standard that establishes a ratio Option 1—No change Option 3—Requiring Size to Floor between the lot size and the floor area of the house; however, Option 2—Require a maximum a 10-foot level area Area. there is no zoning standards establishing a ratio between the Pad Size Ratio of 50%. emergency access pad size and the floor area of the house. The consequences of Option 3—Require a 10-foot level area behind each establishing a ratio is that it would affect all existing hillside lots that were developed with pads, requiring additional information from applicants doing additions or adding patio covers to existing houses. access area behind each house. house will allow for access and reduce encroachment into slope areas. 2. Appropriate The concern is that some of the pads may be too small to allow Option 1—No change Option 1—Because Pad Size. for large houses and level yard area. There is currently no Option 2—Modify the Code to the pads were standard for the size of pad. The pad size was approved as part require a minimum pad size for approved as of the Tract Map subdivisions and through the Grading Plans. The consequences of requiring a minimum pad size is that modifying the pad area would require a new engineering design and grading. Because the pads were approved and graded, the developer has a vested right with respect to the pad sizes in the South Hills area. hillside lots. conditions of approval and grading has been completed the changes to the Zoning Code would not affect the parcels in the South Hills area. ZACase Files\CODE AMEND \2013 \13-03 R-1 Stds.lvforatoriumSouthffills\PC 8.27.13\SSTable.PC.doc Page 1 Review of Ordinance for R-1 Standards, August 13, 2013 Item Discussion Options Recommendation 3. Building The current definition, limits the height of houses to two stories Option 1—No change Option 1-West Height and (25 feet). The building height for single-family houses is Option 2—Measure height from Covina currently has Number of measured from any point of the roof structure to fmished grade the lowest finished grade to the a low maximum Stories, directly below that point. The measurement of height in combination with Building Code standards allows basements highest point of the structure. Option 3—Measure from the height (25 feet) and the current method of in what may appear to be three-story structures on the downhill average of the grade at the measurement has portion of the house. The consequences of revising the Code requirement is that many houses will become nonconforming that were constructed under the current system for measuring heights and additions and reconstruction of houses would be _ required to comply with any changes made to the Code., midpoint of each elevation. been used for most of the houses constructed in West Covina. 4. Standards The Municipal Code requires that decks, (a view platform Option 1—Allow an administrative Option 3—Most side and Review structure that is elevated above finished grade) between four use permit for decks up to 10 feet in yard setbacks in Process for feet and eight feet in height obtain the approval of an height. hillside areas are 7 or Decks. administrative use permit. Decks over eight feet in height are Option 2—No change. 10 feet. Decks and not allowed by Code and must obtain a variance. An Option 3—Require 50% greater balconies can create administrative use permit requires the noticing to residents in side yard setbacks a minimum 25- issues of privacy and a 300-foot radius and is reviewed by the Planning Director. foot rear yard for decks requiring view impacts. The consequences of changing the standards are that most of the approval of an administrative Requiring additional the decks constructed in the City were constructed under the current standards and those decks would become nonconforming uses. use permit. setbacks can reduce the concerns. Z:\Case Files\CODE AMEND\2013\13-03 R-1 Stds.MoratoriumSouthHills\PC 8.27.13 \SSTable.PC.doc Page 2 Review of Ordinance for R-1 Standards, August 13 2013 Item Discussion Options Recommendation 5. Common • Subdivisions that are reviewed today are required to have an Option 1—No change Option 1—Since the Area HOA (Homeowner's Association) so that slopes are in a Option 2—Establish a tentative and final Maintenance for Drainage and common area that is communally maintained and financed, Currently some of the lots in the South Hills area have cross lot drainage which requires each individual property owner to requirement in the Code that hillside subdivision have CC&R's that requires common area tract maps have been approved by the City, any changes to the Landscaping of maintain the drainage swales. Swales that are not well maintenance. Zoning Code would Slopes, maintained could cause drainage issues and erosion. Many of the lots also include large sections of hillside. If the landscaping in these areas is not maintained by the property owner, there can be issues with erosion as well as the negative aesthetic issues. This has- occurred in- other neighborhoods in-the City and has become a code enforcement matter. It is currently common practice to require a Homeowner's not affect the parcels in the South Hills area. Association and CC&R's for subdivisions and there are likely to be few, if any, subdivisions in hillside areas in the future as the property has been subdivided. 6. Standards Currently, the Code requires two covered parking spaces, no Option 1—No change Option 5-Adopt a for Covered matter how large the house is. The Code further requires two Option 2—Adopt a standard standard requiring 3 Parking. open parking spaces for each house. However, the larger the requiring 3 covered parking spaces covered parking floor area of the house, the greater the number of open when the house has a floor area of spaces when the floor parking spaces are required. Requiring additional covered 4,500 square feet or greater. area of the house is parking spaces could reduce the number of cars parked on the Option 3-Adopt a standard greater than 4,500 street and maintain the character of single-family requiring 3 covered parking spaces square feet of the neighborhoods. The consequences of modifying the parking when the house has 5 or more house has 5 or more • requirement is that additions to existing houses could require bedrooms. bedrooms. It is likely • the addition of garage space which could greatly affect the Option 4-Adopt a standard that a house of this layout of the ground floor of the house. requiring 3 covered parking spaces when the floor area of the house is size and number of bedrooms will have • greater than 4,500 square feet of the house has 5 or more bedrooms. more vehicles than an average-sized house. ZACase Files\CODE AMEND\2013 \13-03 R-1 Stds.MoratoriumSouthHills\PC 8.27.13\SSTable.PC.doc Page 3 ATTACHMENT 9 City of West Covina TO: Christopher J. Chung, City Manager and City Council Memorandum AGENDA ITEM NO. 17 DATE June 4,2013 FROM: Jeff Anderson, Planning Director SUBJECT: URGENCY ORDINANCE EXTENDING THE MORATORIUM PROHIBITING THE CONSTRUCTION OF RESIDENTIAL STRUCTURES ON VACANT PROPERTIES IN THE SOUTH HILLS SUBDIVISION TO STUDY SINGLE-FAMILY DEVELOPMENT STANDARDS IN THE RESIDENTIAL AGRICULTURAL/SINGLE FAMILY ZONE AND PROVIDING A PROGRESS REPORT ON THE CODE AMENDMENT UNDER CONSIDERATION RECOMMENDATION: It is recommended that the City Council adopt the following ordinance to extend the moratorium on 79 vacant properties located on Skyview Lane, Rolling Hills Road, Countrywood Lane, Hidden Valley Drive, Inspiration Point, Outlook Lane, Horizon Hills Drive, Majestic Street, and Mountain Ridge Road: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA EXTENDING A MORATORIUM FOR AN ADDITIONAL PERIOD OF TEN MONTHS AND FIFTEEN DAYS, PROHIBITING CONSTRUCTION OF RESIDENTIAL STRUCTURES ON VACANT PROPERTIES IN SPECIFIED AREAS OF THE CITY PENDING COMPLETION OF STUDY AND REPORT BY THE PLANNING COMMISSION PERTAINING TO THE PROPER CONDITIONS AND REGULATIONS FOR SUCH USES, DECLARING THIS AN INTERIM ZONING ORDINANCE, AND SETTING FORTH FACTS CONSTITUTING THE SAME AS AN URGENCY ORDINANCE BACKGROUND: At the City Council meeting on May 7, 2013, the City Council adopted an ordinance establishing a moratorium on the construction of residential structures 011 79 lots in the South Hills Subdivision that were originally subdivided in the 1980's. The subject lots are located on Skyview Lane, Rolling Hills Road, Countrywood Lane, Hidden Valley Drive, Inspiration Point, Outlook Lane, Horizon Hills Drive, Majestic Street, and Mountain Ridge Road, which may also be identified as the following tracts: Tract No. 32324, Lots 18, 25-29, 76-111, and 193-201; and Tract No. 47809, Lots 30-31 and 38. DISCUSSION: A report on the progress of the code amendment and zone change is required prior to the extension of a moratorium from 45 days to 10 months and 15 days. City staff is concerned that some issues were not originally covered by the conditions of approval in the original tract maps. Staff would like to evaluate current development standards prior to the formal submittal of a proposal by a developer, which will help avoid issues that could arise if the houses are developed under current zoning regulations. The lots are located in an area of varied topography that can create view and privacy impacts and many of the properties are adjacent to existing houses. The 79 lots are all located in close proximity; many of the lots are contiguous with one another. The six issues that have been identified for study include the following. ZACase Files \CODE AMEND\2013 \13-03 R-1 Stds.MoratoriumSouthHills \CC Hearing.6.4.13.Moratorium\CC Staff Report.MoratoriumExt.doc Report and Extension of Mor,,i'ium on South Hills Lots June 4, 2013 - Page 2 1. Whether current standards for required enclosed parking (garage/carport) are appropriate. (Currently, the Code only requires two enclosed parking spaces, no matter how large the house is. It is anticipated that proposed houses on the subject lots would be 4,000 square feet and larger. Houses of this magnitude may have a large number of bedrooms and result in a greater number of cars being parked on residential streets if the developer constructs a two-car garage.) 2. Whether there should be some type of requirement for common area maintenance of drainage and/or landscape improvements on the slopes. (Currently some of the lots have cross lot drainage that requires each individual property owner to maintain the drainage swales. Swales that are not well maintained could cause drainage issues and erosion. Many of the lots also include large sections of hillside. If the landscaping in these areas is not maintained by the property owner, there can be issues with erosion as well as the negative aesthetic issues. This has occurred in other neighborhoods in the City and has become a code enforcement matter.) 3. Whether there should be a zoning standard that requires a ratio between the pad size and the floor area of the house. (Currently, there is a zoning standard that establishes a ratio between the lot size and the floor area of the house; however, the pad size can be substantially smaller than the lot size in an area of varied topography. This could be an issue if the size of the footprint of the house is so large that it uses all the level part of the property. Sometimes this concern is called "Mansionization".) 4. Whether the pad sizes on the lots are appropriate in size or should be larger to allow for level open space areas around the houses. (The pad sizes have already been created, so the concern is that some of the pads may be too small to allow for large houses and level yard area.) 5. Whether the current Municipal Code standards for measuring building height and number of stories are appropriate in hillside lots. (This is more of a technical Planning issue, but the concern is that the current definition, while limiting the house to two stories, may allow what appear to be three-story structures on the downhill portion of the house.) 6. Whether the current zoning standards and review process for decks (also called "elevated structures" in the Municipal Code) are appropriate. (Given that many of the vacant lots are adjacent to or above existing houses, there may be privacy and view impacts under the current development standards.) Many of the issues would be considered as part of the Subdivision review if such an application were received today. As there may be different degrees of knowledge and changes to standards to reduce costs and liability to Cities since the approval of the Subdivision over 30 years ago, staff is recommending consideration be given to amending the Residential Agricultural/Single Family Residential zoning standards. GOVERNMENT CODE SECTION 65858(d) REPORT: Since the enactment of Ordinance No. 2243, staff has begun researching other nearby cities' standards and code requirements for the issues listed above and met with the developers that have already submitted an initial application for entitlements to receive input regarding the potential issues giving rise to the moratorium. In addition, staff has prepared an estimate of a timeline for the review and consideration of amending the Municipal Code (Attachment 2). The estimate includes time for staff to evaluate how other cities' evaluate the aforementioned issues, a study session by the Planning Commission to allow them to be edified on the moratorium issues and alternatives, and hearings by both the Planning Commission and City Council. The timeline prepared is • optimistic and staff will endeavor to complete the code amendment process in an efficient manner. ZACase Files\CODE AMEND\2013\13-03 R-1 Stds.MoratoriumSouthl-lills\CC Hearing.6.4.13.Moratorium\CC Staff Report.MoratoriumExt.doc Report and Extension of Mori—Aium on South Hills Lots June 4, 2013- Page 3 The initial urgency ordinance adopted by the City Council established a moratorium for 45 days. California state law allows the moratorium to be extended up to an additional 10 months and 15 days. If extended the moratorium would last until May 7, 2014. At that time, the City Council also would have the option of extending the moratorium for an additional year, until May 7, 2015. ALTERNATIVES: The following alternatives are available to the City Council. I. Extend the moratorium for 90 days to allow the Planning Commission to schedule a study session(s) and provide report back to the City Council at the September 3, 2013 City Council meeting. At that meeting the moratorium could be extended up to May 7, 2014. 2. Adopt an ordinance to extend the moratorium for a shorter time period than 10 months and 15 days. 3. Take no action on the extension of the moratorium (allowing the moratorium to lapse on June 21, 2013 and direct staff to continue the consideration of Code Amendment No. 13-03 for the 4 issues identified. 4. Take no action on the extension of the moratorium (allowing the moratorium to lapse on June 21, 2013 and direct staff to cease processing the Code Amendment No. 13-03. FISCAL IMPACT: The proposed code amendment would not have any direct fiscal impact to the General Fund. Pr7Wify: Jeff Anderson, AICP Planning Director Attachments: Attachment 1 — Moratorium Ordinance Attachment 2 — Code Amendment No. 13-03 Process Timeline ZACase Filcs\CODE AMEND\2013\ 13-03 R-1 Stds.MoratoriumSouthHills\CC Hearing.6.4.13.Moratorium\CC Staff Report.MoratodurnExt.doc ATTACHMENT 10 City of West Covina Memorandum TO: Christopher J. Chung, City Manager AGENDA and City Council ITEM NO. 8 DATE May 7, 2013 FROM: Jeff Anderson, Planning Director SUBJECT: URGENCY ORDINANCE ESTABLISHING A MORATORIUM TO PROHIBIT THE CONSTRUCTION OF RESIDENTIAL STRUCTURES ON VACANT PROPERTIES IN THE SOUTH HILLS SUBDIVISION TO STUDY DEVELOPMENT STANDARDS RECOMMENDATION: It is recommended that the City Council introduce and adopt the following ordinance to establish a moratorium on 79 vacant lots in the South Hills Subdivision: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA PROHIBITING GRADING OR CONSTRUCTION OF RESIDENTIAL STRUCTURES IN SPECIFIED AREAS OF THE CITY PENDING COMPLETION OF STUDY AND REPORT BY THE PLANNING COMMISSION PERTAINING TO THE PROPER CONDITIONS AND REGULATIONS FOR SUCH USES, DECLARING THIS AN INTERIM ZONING ORDINANCE, AND SETTING FORTH FACTS CONSTITUTING THE SAME AS AN URGENCY ORDINANCE BACKGROUND: Staff has been contacted by a prospective developer soliciting information on the possible development of a number of vacant lots in the South Hills area. The properties were part of a larger subdivision that was originally subdivided in the 1980's. There are 79 vacant lots on Skyview Lane, Rolling Hills Road, Countrywood Lane, Hidden Valley Drive, Inspiration Point, Outlook Lane, Horizon Hills Drive, Majestic Street, and Mountain Ridge Road. City staff is concerned over the potential impacts that the development of the vacant single-family residentially zoned properties in that area can have on adjacent properties. The lots are single- family legal lots of record, and rough grading has been completed to create building pads. DISCUSSION: Since the subdivision was created thirty years ago, City staff is concerned that some issues were not originally covered by the conditions of approval in the original tract maps. Staff would like to evaluate current development standards prior to the formal submittal of a proposal by a developer, which will help avoid issues that could arise if the houses are developed under current zoning regulations. The lots are located in an area of varied topography that can create view and privacy impacts and many of the properties are adjacent to existing houses. Based on the background issues, City staff is requesting that the City Council adopt a temporary moratorium on these 79 vacant properties within Tract No. 21425, Tract No. 32324, Tract No. 42169, Tract No. 47809 and including the property at 1140 Outlook Lane (APN No. 8493-053-001). These lots are owned by several different property owners. The purpose of the moratorium would be to assess certain development standards, including the following. • Whether current standards for required enclosed parking (garage/carport) are appropriate. (Currently, the Code only requires two enclosed parking spaces, no matter how large the house is. It is anticipated that proposed houses on the subject lots would be 4,000 square feet and larger. Houses of this magnitude may have a large number of bedrooms and result in a greater number of cars being parked on residential streets if the developer constructs a two-car garage.) ZACase Files\CODE AMEND\2013\ 13-03 R-1 Stds.MoratoriumSouthHills\5.7.13 \CC Staff Report.Moratorium.doc Moratorium/South Hills SubdiNA.-.on May 7, 2013 - Page 2 • Whether there should be some type of requirement for common area maintenance of drainage and/or landscape improvements on the slopes. (Currently some of the lots have cross lot drainage which requires each individual property owner to maintain the drainage swales. Swales that are not well maintained could cause drainage issues and erosion. Many of the lots also include large sections of hillside. If the landscaping in these areas is not maintained by the property owner, there can be issues with erosion as well as the negative aesthetic issues. This has occurred in other neighborhoods in the City and has become a code enforcement matter.) • Whether there should be a zoning standard that requires a ratio between the pad size and the floor area of the house. (Currently, there is a zoning standard that establishes a ratio between the lot size and the floor area of the house; however, the pad size can be substantially smaller than the lot size in an area of varied topography. This could be an issue if the size of the footprint of the house is so large that it uses all the level part of the property. Sometimes this concern is called "Mansionization".) • Whether the pad sizes on the lots are appropriate in size or should be larger to allow for level open space areas around the houses. (The pad sizes have already been created, so the concern is that some of the pads may be too small to allow for large houses and level yard area.) • Whether the current Municipal Code standards for measuring building height and number of stories are appropriate in hillside lots. (This is more of a technical Planning issue, but the concern is that the current definition, while limiting the house to two stories, may allow what appear to be three-story structures on the downhill portion of the house.) • Whether the current zoning standards and review process for decks (also called "elevated structures" in the Municipal Code) are appropriate. (Given that many of the vacant lots are adjacent to or above existing houses, there may be privacy and view impacts under the current development standards.) The goal of a moratorium is to allow staff time to conduct research of alternative code standards and seek input on potential code standards by residents, the Planning Commission and City Council. The recommended moratorium would prohibit grading or construction of single-family houses on the vacant lots while the moratorium is in place. The adoption of a moratorium can last no longer than two years and allows for full review of the current regulations for the lots and provides for new development standards to be adopted for these vacant lots. The moratorium can be adopted for a period of 45 days. It can thereafter be extended through a public hearing process by 10 months and 15 days and could subsequently be extended for an additional year. If adopted, a public hearing will be scheduled for the June 4,2013 City Council meeting. FISCAL IMPACT: The proposed code amendment would not have any direct fiscal impact to the General Fund. Prep .4 0 /by: Jeff Anderson Planning Director Attachments: Attachment 1 — Moratorium Ordinance Attachment 2— Map of Subject Properties ZACase Files\CODE AMEND\2013 \South Hills Moratorium Study\5.7.13 \CC Staff Report.Moratorium.doc City of West Covina Memorandum AGENDA TO: Mayor and City Council ITEM NO 13 FROM: Christopher J. Chung DATE December 17, 2013 City Manager BY: Chris Freeland Deputy City Manager/Community Services Director SUBJECT: AWARD OF BID FOR CITY OF WEST COVINA FIXED ROUTE AND DIAL—A-RIDE TRANSIT SERVICE RECOMMENDATION: It is recommended the City Council take the following actions: 1. Accept the bid of MV Transportation, Inc., in the amount not to exceed $4,953,125 (Average of $990,625/year) for a five-year period commencing on March 3, 2014; 2. Authorize the City Manager to finalize the terms for the transit service agreement with MV Transportation, Inc.; and 3. Authorize the City Manager and City Clerk to execute a transit service agreement for the services outlined in the Request For Proposals. BACKGROUND: Since 2001, Southland Transit, Inc., has staffed and managed the City of West Covina's Fixed- Route Shuttle (Shuttle) and Dial-A-Ride (DAR) services with oversight by the Community Services Department. The Shuttle service consists of three alignments (Red, Blue, and Green) that operate Monday-Friday from 6:30 a.m. to 7:00 p.m. The estimated annual hours of operation for the Shuttle service are 11,650, with over 104,000 annual passengers. The DAR operates Monday-Friday from 8:00 a.m. to 5:30 p.m., and Sunday from 8:00 a.m. to 2:30 p.m. The estimated annual hours of operation for the DAR service are 7,600, with over 23,000 annual passengers. Southland Transit has provided good, consistent, and reliable service to the City of West Covina's Shuttle and DAR services were last bided out in 2006. With the expiration of the 2006 Agreement, the City initiated a new Request for Proposals (RFP) for the Shuttle and DAR service on April 18, 2013. Purchasing specification 0413-A outlined the scope of services to provide transportation services for the City for three Shuttle 'routes and DAR services. The REP called for a three-year costing proposal, with the City's option to extend for two additional years, one year at a time. The RFP also requested that the transit operators determine the fleet of vehicles they propose to use (i.e. new, used, size, mileage, etc.); dedicated project manager and two supervisors; etc. On May 6, 2013, the City conducted a Pre-Proposal Bidders Conference for the purpose of answering questions and to clarify any details in the RFP. An addendum to the REP was presented to all potential bidders, responding to questions received at the pre-bidders conference and submitted in writing to the City. Potential bidders were also provided information on the City's aging transit fleet, which has vehicles that were purchased in 2002 and 2003, have a current mileage between 165,000 and 450,000 miles, and were experiencing maintenance issues. A copy of the REP is attached (Attachment No. 1). DISCUSSION: The City received three bids to provide Transit Services by the May 23, 2013 deadline. All three companies submitted timely proposals with all the appropriate information. The three bidders were invited to attend an interview on June 5, 2013, with the proposed General Manager, Project Manager, and Dispatcher to be assigned to West Covina. Based on the strength of the three proposals received, and an interest to further reduce the annual costs to the City, City staff contacted the bidders to obtain a Best and Final Offer for a five-year agreement with the City's option to extend for two additional years, one year at a time. With the existing transit fleet in need of replacement, a five-year agreement would allow the City to amortize the cost of a new transit fleet over a greater period of time. A summary of the three Five-Year proposals, with a new transit fleet is as follows: Total Cost of Proposal (Five Year) Vendor Year 1 Year 2 Year 3 Year 4 Year 5 Total MV Transportation $971,047 $970,437 $988,059 $1,003,551 $1,020,031 $4,953,125 First Transit $971,606 $1,015,086 $1,067,839 $1,109,498 $1,148,459 $5,312,488 Southland Transit $1,105,165 $1,126,073 $1,147,105 $1,170,462 $1,194,417 $5,743,222 MV Transit provided the lowest total bid, not to exceed $4,953,125 (Average of $990,625/year) for a five-year period commencing on February 3, 2014. MV is also proposing to purchase four (4) new buses for the City's shuttle service and five (5) new buses for the City's DAR system. For the past few years, the current transit provider has maintained their costs for both the shuttle and DAR services. Total cost for the operation of the Transit System (Shuttle and DAR) in FY 12-13 was approximately $800,000. This does not include fuel costs that are charged separately by the Public Works Department at a cost of approximately $200,000 annually. With the need to replace the aging transit fleet (nine new buses) and the increased personnel costs, City staff and the City's consultant believes the increase is justifiable. Independent Consultant Review The City utilized Moore & Associates as the City's Transit consultant to assist with the RFP review process to ensure compliance with the RFP; assist in the evaluation of the proposals and scoring of interviews; confirm the service levels being proposed by the successful bidder addresses the needs of the community; and that the proposed fleet is adequate to support the desired service plan. Since 1991, Moore & Associates has been providing transportation consultation to local municipalities. Moore & Associates has evaluated and reviewed each transit operator's proposal and has confirmed that each proposal will satisfactorily meet the City of West Covina's transit needs (i.e., service model, vehicles being proposed, staffing, etc.). Moore & Associates also conducted a reference check of each bidder, and no negative comments on any of the three bidders was received. Based on the proposals submitted, performance in the interviews, findings and recommendations of Moore & Associates, and proposed costs, MV Transportation, Inc. is the recommended bidder. A copy of Moore & Associates' report is attached (Attachment No. 2). Summary of MV Transportation's Proposal MV Transportation, Inc. (MV) is one of the largest transportation companies in the United States that operates more than 130 locations in 28 of the United States, the District of Columbia, Canada, and Saudi Arabia. The company has more than 16,000 employees. Founded in 1975, MV Transportation, Inc. was incorporated in the State of California in 1978 as California MediVan. In the years following, the company's founders, Feysan Lodde and Alex Lodde made the strategic decision to grow the company beyond the bay area. In 1990, the company's name was changed to MV Transportation, Inc., to reflect the diversity of the various passenger transit services being offered. Locally, MV operates in many communities, including: Arcadia, Whittier, La Mirada, Paramount, Anaheim resorts, Santa Monica, Beverly Hills, Burbank, Van Nuys, and for Los Angeles County. The following are the major deal points for the MV.Transportation agreement: 1. MV is proposing to purchase four (4) new buses for the City's shuttle service and five (5) new buses for the City's DAR system. Vehicles are alternative fuel. 2. MV has provided a guarantee to the City that their costs to provide the service is not to exceed the proposed costs listed above. In addition, should the City wish to cancel the agreement, the City of West Covina would be refunded the last 12 months of profits earned by MV. 3. MV to pay for branding of all vehicles (i.e. painting of vehicles with City logo and appropriate decals). City staff will approve colors and design for branding of new vehicles. 4. MV to provide all staffing, including a dedicated project manager, two full-time road supervisors, one full-time dispatcher, and the needed number of vehicle operators for West Covina customers,. 5. MV to make an effort to hire experienced vehicle operators from the current transit provider, per California Labor Code 1070, assuming these employees meet MV's qualifications. Having these experienced vehicle operators will assist the City in a smooth transition between vendors. a. Vehicle operator wages between the three bidders is comparable. b. All vehicle operators, including those new to MV, go through extensive hiring and screening review, and training and safety programs. 6. MV to begin service the first Monday in February 2014, which will allow MV sufficient time to purchase and brand the new transit fleet. In addition, MV Transit . is proposing to conduct Town Hall meetings to inform residents of the new transit service, especially for current DAR subscribers. Southland Transit Proposal Review Although the City has generally been pleased with the services of Southland Transit as the incumbent service provider, their proposal is approximately $134,000 greater the first year and increases annually for a total difference of $790,097 over the five-year agreement. ALTERNATIVES: The City Council has the following alternatives: 1. Select another vendor. As this is a proposal for professional services, the City Council is not required to select the lowest bidder. If the City Council believes another vendor can provide superior service, the City Council has the authority to accept the proposal of that vendor through the following action: a. Accept the bid of ., in the amount of $ (cumulative) for a five-year period commencing on March 3, 2014; and b. Authorize the City Manager to negotiate the final terms for the transit service agreement with ; and c. Authorize the City Manager and City Clerk to execute a transit service agreement for the services outlined in the Request For Proposals. 2. Reject the Proposals. The City Council has the authority to reject all proposals and instruct City staff to seek a new transit service Request for Proposals. City staff believes that if the proposals were rejected and a new RFP was requested, costs may increase due to recent actions at the state and federal levels to increase minimum wages and health care costs. 3. The City Council can provide alternate direction. FISCAL IMPACT: The costs of the desired transit services are fully funded by Proposition C and Measure R Transportation Funds, and revenues collected from patrons. There are no General Fund or Proposition A funds utilized for the City transit system. The cost for the agreement with MV Transit is not to exceed $4,953,125 (Average of $990,625/year) for a five-year period commencing on March 3, 2014. City staff is not requesting a budget appropriation at this time, as funds have already been budgeted for the Transit system for FY 2013-2014. Prepared and Reviewed by: Chris Freeland Deputy City Manager/Community Services Director Attachment No. 1 - Request for Proposals (Purchasing Specification 0413-A) Attachment No. 2 — Transit Service Proposal Evaluation by Moore & Associates Attachment No. 1 April 18, 2013 REQUEST FOR PROPOSAL "TRANSIT OPERATIONS CONTRACT PER THE CITY OF WEST COVINA PURCHASING SPECIFICATION 0413-A" The City of West Covina is requesting technical and cost proposals from qualified and experienced Contractors to provide day-to-day management and operations services in support of the City of West Covina Transit program. Specifications are enclosed. Interested suppliers are requested to submit one (1) original proposal and four (4) copies to the Purchasing Division located at 1444 W. Garvey Ave., ROom 308, West Covina, California. Proposals must be received before the hour of 11:00 A.M. on Thursday, May 16, 2013, at which time the proposals shall be publicly opened. Late bids and facsimile proposals will not be accepted. Proposals must be submitted in separate sealed en:velopes with the words "TRANSIT OPERATION TECHNICAL PROPOSAL 0413-A1" AND "TRANSIT OPERATION COST PROPOSAL 0413-A2" noted on the front of the envelope. For the purpose of answering questions and clarifying details, an open bidders' conference will be conducted at West Covina City Hall in Rm. 314 Management Resource Center (MRC) at 10:30 A.M. on Monday, May 6, 2013. Attendance by all prospective contractors is not mandatory, however, attendance is highly recommended for any firm wishing to submit a proposal. Firms may elect to .appear in person or use a third party representative. With the exception of the bidder's conference, no oral interpretations will be made to any supplier as to the meaning of the Request for Proposals. Interpretations, if made, shall be in the form of a written Addendum and sent to all suppliers to whom this .RFP has been issued. The City of West Covina reserves the right to reject any or all proposals and/or waive any informalities thereon. Each proposal shall constitute an offer to provide the service described herein at the price quoted and shall not be withdrawn for a period of ninety (90) days after the opening date. All questions/requests for clarification must be submitted in writing to Scott Smilowitz, Community Services Manager at scott.smilowitz@westcovina.org . Deadline for submission of questions/requests for clarification is 4:00 p.m. May 9, 2013. Questions regarding the City purchasing procedures should be referred to the Purchasing Division at (626) 939-8443. Sincerely, Maria Delira Purchasing Division REQUEST FOR PROPOSALS: CITY OF WEST COVINA Request for Proposal Transit Operations Contract City of West Covina Purchasing Specifications 0413-A IZEO 'VEST FOR PROPOSALS: CITY OF WEST CO VEVA TABLE OF CONTENTS GENERAL CONDITIONS 1 DEFINITIONS 2 LEGAL RESPONSIBILITIES 4 INSURANCE 4 WITHDRAWAL OF PROPOSALS 6 REJECTION OF PROPOSALS 6 EVALUATION/AWARD OF CONTRACT 6 PROPOSAL PRICING GUIDELINES 8 TERMINATION OF CONTRACT 8 RIGHT TO REQUIRE PERFORMANCE 8 ETHICS IN PUBLIC CONTRACTING 8 EQUAL EMPLOYMENT OPPORTUNITY 9 INCURRING COSTS 9 1.0 PROJECT OVERVIEW 10 1.1 Introduction 10 1.1.1 Term of Contract 10 1.1.2 Funding Availability 10 1.2 General Instructions 10 1.2.1 Competitive Selection 10 1.2.2 Selection and Evaluation Factors 11 1.2.2 Selection and Evaluation Factors 11 1.2.3. Proposal Acceptance Period 11 1.2.4 Performance Bond 11 1.2.5 Contract Incorporation 11 1.2.6 Negotiations 12 1.2.7 Disadvantaged Business Enterprise (DBE) 12 1.2.8 Debarment, Suspension, and other Responsibilities 12 1.2.9 Restrictions on Lobbying 12 1.2.10 Buy America 12 1.2.11 Audit 13 1.3 Proposal Format 13 1.3.1 Ability to Perform and Meet Requirements of the RFP 13 1.3.2 Experience and Qualifications of the Firm and Personnel 14 1.3.3 Reasonableness of the Price Proposal 15 2.0 SCOPE OF SERVICES 16 2.1 City of West Covina Transit Service Description 16 2.1.1 Description of Service 16 2.1.2 Service Hours 17 2.1.3 Holiday Schedule 17 2.1.4 Schedules 18 2.1.5 Fares 18 2.3 Adjustment to Service 18 2.3.1 Special Services 18 2.4 Drivers 18 2.4.1 Qualifications/Standards 18 2.4.2 Training 19 2.4.3 Uniform Specifications and Appearance Standards 20 2.4.4 Removal 20 2.5 Personnel 20 2.5.1 Required Management Personnel 21 2.5.2 Supervision 21 REQUEST FO.R PROPOSALS.. CITY OF WEST COVINA 2.5.3 Dispatching/Radio Control 21 2.5.4 Safety and Security 21 2.5.4 Injury and Illness Prevention Plan 22 2.6 City-Furnished Vehicles 22 2.6.1 Transition of Vehicles to New Contractor 22 2.6.2 Operating Mode 22 2.7 Facilities 22 2.8 Software/Hardware 23 2.8.1 Fare Collection 23 2.8.2 Telephone Information Service 23 Equipment Condition 23 2.10 Data 24 2.10.1 Daily Statistics 24 2.10.2 Weekly Reports 24 2.10.3 Monthly Reports 24 2.10.4 Customer Complaints 25 2.10.5 NTD Reporting 25 2.10.6 Drug-Free Workplace Policy 25 2.10.7 Performance Speccations 25 2.11 Marketing and Public Relations 26 2.11.1 Advertising on Exterior and Interior of Buses 26 2.11.2 Signage 26 2.12 Operating During an Emergency 27 APPENDICIES 27 Attachment 1 Federal Requirements 28 Attachment 2 City of west covina 40 transit contract 40 Attachment 3 Certification of Primary Participant Regarding Debarment, Suspension, and Other Responsibility Matters 41 Attachment 4 Certification of Lower Tier Participants Regarding Debarment, Suspension, and Other Ineligibility and Voluntary Exclusion 42 Attachment 5 Certification of Restriction on Lobbying 43 Attachment 6 Buy America Certificate 44 Attachment 7 Bid Protest Procedures 45 Attachment 8 CITY OF WEST COVINA TRANSIT 49 sample Operations Reports 49 Attachment 9 Incumbent Contractor Wages and Benefits Levels 50 Appendix A National Transit Database (NTD) 51 Reporting Requirements 51 Appendix B City of West Covina 52 Federal Drug and Alcohol Testing Regulations 52 Contractor Compliance Guidelines 52 Appendix C CITY OF WEST COVINA TRANSIT 53 Fleet Roster 53 Appendix D CITY OF WEST COVINA TRANSIT 54 REOUEST FOR PROPOSALS: C727 . OF TF.EST COVEVA GENERAL CONDITIONS A. Limitations This Request for proposals (REP) does not commit the City to award a contract, to pay any costs incurred in the preparation of proposals in response to this request, or to procure or contract for services or supplies. The City expressly reserves the right to reject any and all proposals or to waive any irregularity or informality in any proposal or in the RFP procedure and to be the sole judge of the responsibility of any bidder and of the suitability of the materials and/or services to be rendered. The City reserves the right to withdraw this RFP at any time without prior notice. Further the City reserves the right to modify the RFP schedule described above. B. Award The City may ask REP finalists to present oral briefings of their proposals. All finalists may be required to participate in negotiations and submit such price, technical, or other revisions of their proposals as may result from negotiations. The City also reserves the right to award the contract without oral briefings or discussion, based solely upon the initial written proposals. Accordingly, each proposal should be submitted on the most favorable terms from both a price and technical standpoint. C. RFP Addendum Any changes to the REP requirements will be made by written addenda issued by the City and shall be considered part of the REP. Upon issuance, such addenda shall be incorporated in the agreement documents, and shall prevail over inconsistent provisions of earlier issued documentation. D. Verbal Agreement or Conversation No prior, current, or post award verbal conversations or agreement(s) with any officer, agent, or employee of the City shall affect or modify any terms or obligations of the REP, or any contract resulting from this REP. E. Pre-contractual Expense Pre-contractual expenses include any expenses incurred by bidders and selected contractor in: 1. Preparing proposals in response to this REP. 2. Submitting proposals to the City of West Covina. 3. Negotiations with the City on any matter related to proposals. 4. Other expenses incurred by a contractor or bidder prior to the date of award of any agreement or contract. In any event, the City shall not be liable for any pre-contractual expenses incurred by any bidder or selected contractor. Bidders shall not include any such expenses as part of the price proposed in response to this REP. The City of West Covina shall be held harmless and free from any and all liability, claims, or expenses whatsoever incurred by, or on behalf of, any person or organization responding to this REP. F. Signature The proposal will also provide the following information: name, title, address and telephone number of individual with authority to bind the consultant or consultant firm and also who may be contacted during the period of proposal evaluation. The proposal shall be signed by an official authorized to bind the consultant or consulting firm and shall contain a statement to the effect that the proposal is a firm offer for at least a ninety (90) day period. Execution of the contract is expected by July 1, 2013. Page 1 REQUEST FOR PROPOSALS: CITY OF WEST COVINA DEFINITIONS I. The "City" refers to the City of West Covina, an entity established under the laws of the State of California. 2. "Days" refers to working days of the City of West Covina when used in context with the City's bid protest procedures and refers to working days of the federal government when used in connection with Federal Transit Authority requirements/procedures. 3. The terms "file" or "submit" refer to the date of receipt by the City and/or FTA. 4. "Exhaustion of administrative remedies at the grantee level" refers to any action or inaction on the part of the City, which is prejudicial to the position taken in a written protest filed with the City. This may include, but is not limited to: • A final City decision on the merits protest. • A procurement action such as the award of a contract or rejection of a bid despite the pendency of a protest. • City acquiescence in and active support of continued and substantial contract performance despite the pendency of a protest. 5. "Interested party" includes all bidders on the contract or procurement. This term may also include a subcontractor or supplier at any tier who shows that he/she has a substantial economic interest in a provision of the Request for Proposals (RFP) or of the interpretation of such a provision. 6. "Violation of Federal law or regulation" is defined as the infringement of any valid requirement imposed by Federal statute or regulation, which governs the letting of contracts pursuant to a grant agreement. However, any protests involving a local matter and/or determinations that are clearly within the discretionary powers of the City include, but are not necessarily limited to, determinations of responsiveness and responsibility, the revision of specifications to incorporate the evaluation of life-cycle costing (LCC) factors in connection with any given procurement and determinations regarding bonding requirements. In other words, the protestor must be able to demonstrate or establish a clear violation of the prohibition against unduly exclusionary and restrictive specifications, or a violation of the Buy America requirements. 7. "Local" refers to Los Angeles County and California. When used in conjunction with the phrase "laws and regulations", it is construed to mean only those laws or regulations associated with the provision of public mass transportation and the use of public funds. It shall not be construed to include the purchasing and/or protest procedures used by either of the aforementioned entities. 8. "RFP" also includes the term "offer" as used in the context of negotiated procurements. 9. "PTA" refers to the United States Federal Transportation Administration. 10. "Deadhead time/miles" refers to time and mileage expended operating revenue vehicles in non-revenue service. Page 2 REO'VEST FOR PROPOSALS: CITY OF WEST COVINA 11. "Revenue Vehicles" refers to both City-owned and Contractor-owned vehicles required to operate the West Covina Transit service. (Note: The City will provide two (2) low- floor, CNG-fueled buses in connection with the fixed-route service, and provided to Contractor by City as spare vehicles. 12. "Revenue Service" refers to scheduled public transit service transporting fare-paying customers. Revenue Service for fixed-route begins upon arrival at the first scheduled bus stop and ends upon departure from the last scheduled drop off of the day. Revenue service for paratransit/dial-a-ride begins with the first passenger pick-up and ends when there are no paying passengers on-board. Revenue service does not include lunches or layovers of more than 15 minutes. 13. "Contractor" refers to the successful bidder that is awarded the contract for providing the products and services described herein. 14. "Headway(s)" refers to the frequency of fixed-route bus operations on any given route. 15. "ADA" refers to Americans with Disabilities Act complementary paratransit service for those eligible individuals unable to utilize the fixed-route transit service due to certified disabilities. 16. "Farebox Recovery" refers to the percentage of transit operating costs recovered from transit riders through the sale of passes and fares. 17. "Transit Operating Costs" refers to the total costs incurred in operation of the service. 18. "Time-transfer System" and "Timed-pulse System" both refer to the style of fixed-route transit systems where routes depart and return to one central point to facilitate transferring of passengers at set times throughout the service day. 19. "Tandem Bus" refers to an additional bus added to the fixed-route service to temporarily supplement capacity at certain times of day. 20. "Spare Ratio" refers to the total number of fixed-route buses available versus the maximum peak hour bus pullout requirements. For example, if 10 buses were needed during peak operations, having 12 buses in the fleet would constitute a 20% spare ratio (2 spares/10 bus maximum pullout requirement). 21. "Fare Media" refers to all instruments used to board City of West Covina Transit vehicles, including, but not limited to, monthly unlimited ride passes, punch passes, day passes, transfers, and social service agency fare media. 22. "Overloads" refers to any situation wherein passengers wishing to board a vehicle are turned away or optionally decline to board due to excessive crowding, resulting in significant standees. 23. "Standees" refers to passengers who board but are forced to stand during movement of vehicle due to lack of available seating. 24. "Roadcalls" refers to unscheduled maintenance performed at a location other than the contractor's project-dedicated facility. 25. "Pull-outs" refers to a City of West Covina Transit vehicle departing its first scheduled time-point in revenue service on a new shift or service day. 26. "Trips" refers to a City of West Covina Transit vehicle departing any (fixed-route) scheduled time-point while in revenue service. Page 3 1?.EQUES1 FOR PROPOSJILS: CITY OF WEST COVEVA 27. "Missed Trips" refers to any fixed-route trip that begins more than ten (10) minutes after its scheduled departure time, or a trip scheduled as part of normal revenue service that fails to operate. 28. "Non-Revenue Vehicles" refers to any vehicles not used in revenue service. The City does not provide non-revenue vehicles for contractor operations as part of this agreement. 29. "Scheduled Timepoint(s)" is defined as bus stops with departure times specifically noted in the City of West Covina Transit published service information. LEGAL RESPONSIBILITIES All proposals must be submitted, filed, made, and executed in accordance with State of California and Federal laws relating to proposals for contracts of this nature, whether the same or expressly referred to herein or not. By submitting a proposal, Contractor certifies that it will comply with all federal laws and requirements, including, but not limited to, Equal Employment Opportunity, Disadvantaged Business Enterprise, Labor Protection, and other laws and regulations applicable to contracts utilizing federal funds. INSURANCE With respect to performance of work under this agreement, Contractor shall maintain, and shall require all of its Subcontractors maintain, during the life, of this contract, insurance as described below. All insurance policies shall be issued by an admitted insurer or insurers as defined by the California Insurance Code or an authorized surplus liens carrier listed in the State of California Department of Insurance "Leslie List". Said carrrer(s) shall have a Best's rating of no less than "A-". Commercial General Liability and Property Damage: The Contractor shall maintain insurance for protection against all claims arising from injury to person or persons not in the employ of the Contractor and against all claims resulting from damage to any property due to any act or omission of the Contractor, his agents, or employees in the operation of the work or the execution of this contract. Such insurance shall include products/completed operations liability, owner's and Contractor's protective, blanket contractual liability, personal injury liability, and broad form property damage coverage. City shall not be responsible for any increases in insurance costs incurred by Contractor in any future scenario. The minimum shall be as follows: • Bodily Injury (Injury or Accidental Death) and Property Damage (per occurrence) $5,000,000 Combined Single Limit. Commercial Automobile Public Liability and Property Damage: The Contractor shall maintain Automobile Public Liability and Property Damage Insurance for protection against all claims arising from the use of vehicles, owned, hired and non-owned, or any other vehicle in the completion of the work included in this contract. Such insurance shall cover the use of automobiles and trucks on and off the site of the project. City shall not be responsible for any increases in insurance costs incurred by Contractor in any future scenario. The minimum amounts of Automobile Public Liability and Property Damage Insurance shall be as follows: • Bodily Injury (Injury or Accidental Death) and Property Damage (per Occurrence) $5,000,000 Combined Single Limit. Workers' Compensation Insurance: The Contractor shall maintain Workers' Compensation Insurance with statutory limits and Employers Liability Insurance with limits of not less than $1,000,000 per incident. Such insurance shall comply with all applicable state laws. Contractor shall provide the City with a Certificate of Insurance showing proof of insurance acceptable to City. Certificates containing wording that release the insurance company from liability for non-notification of cancellation of the insurance Page 4 REQUEST FOR PROPOSALS: CITY OF WEST COVINA policy is not acceptable. Policy(s) are to be endorsed to include a waiver of subrogation against the City, its officers, officials, agents and employees. Contractor and its employees are independent Contractors and not employees of the City. Contractor and/or its insurers are responsible for payment of any liability arising out of Workers' Compensation, unemployment or employee benefits offered to its employees. City shall not be responsible for any increases in Workers' Compensation costs incurred by Contractor in any future scenario. The insuring provisions, insofar as they may be judged to be against public policy, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of the insuring provisions herein may be within public policy and enforceable. Additional Insured. The General Liability and Auto Liability policy(s) are to contain, or be endorsed to name the City of West Covina and the Los Angeles County Metropolitan Transportation Authority (herein referred to as "LACMTA"), its officers, appointed and elected officials, agents, and employees as Additional Insured as respects the liability arising out of the activities performed in connection with this Contract. The coverage shall (a) be primary with respect to any insurance or self-insurance programs maintained by the City of West Covina, (b) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; and (c) contain Standard Cross-Liability provisions. Such additional insured endorsements maintained by the Contractor and its Subcontractors shall not be required to provide coverage to the City of West Covina for the active negligence of its members. Original endorsements, signed by a person authorized to bind coverage on its behalf, shall be furnished to the City by the successful bidder. Indemnification. Contractor shall indemnify and save harmless the City of West Covina and the LACMTA, their officers, officials, agents, and employees, from and against any and all claims, demands, suits, loss, damage, injury and liability, including cost and expenses incurred in connection therewith, resulting from, arising out of, or in any way connected with the performance of the contract, including delivery and unloading of supplies and equipment, regardless of the passive, concurrent negligence on the part of the City of West Covina or the LACMTA, or anyone acting under its direction or control or on its behalf It is further the intent of the parties that this indemnification requirement is not intended to relieve the City of West Covina and the LACMTA from liability for the active negligence of the City of West Covina and the LACMTA, their officers, appointed and elected offiOials, agents, and employees. This hold harmless clause is in no way an admission of liability on the part of the City of West Covina or the LACMTA, or any of their agents or employees. The successful bidder acknowledges that it is fully informed of the contents and meaning of this hold harmless agreement, and has so executed it with full knowledge thereof, and that the terms are contractual and not a mere recital. These requirements shall also apply to any Subcontractor whose hazards are not covered by the Contractor's insurance policies. Deductibles and Self-insured Retention. Any deductibles or self-insured retention must be declared to, and approved by, the City. Contractor shall declare the deductible chosen and state as part of its response to this RFP. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, its officials, employees, agents, and Contractor's; or the bidder shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses in an amount specified by the City. Separate endorsements are required, naming the City of West Covina and the LACMTA as additional insureds, for liability insurance and providing a waiver of subrogation for Workers' Compensation Insurance. The successful bidder shall maintain the insurance for the life of the contract. Said insurance shall contain a provision that coverage afforded under the policies will not be canceled unless and until thirty (30) days prior written notice has been given to the City. Page 5 REOCIEST FOR PROPOSALS: CITY OF WE,ST COVINA Endorsements are to be received and approved by the City before work commences. Should Contractor cease to have insurance as required during the final contract period, all work by Contractor pursuant to this agreement shall cease until insurance acceptable to the City is provided. Original insurance certificates and endorsements are to be delivered to: Scott Smilowitz Community Services Manager City of West Covina 1444 West Garvey Avenue West Covina, CA 91790 WITHDRAWAL OF PROPOSALS Any proposal may be withdrawn at any time prior to the time fixed in the public notice for the receipt of proposals, only by written request for the withdrawal of the proposal filed with the City's Community Services Manager. The request shall be executed by the bidder or its duly authorized representative. The withdrawal of a proposal does not prejudice the right of the bidder to file a new proposal. No proposal may be withdrawn after the time fixed in the public notice for the receipt of proposals. REJECTION OF PROPOSALS Failure to meet the requirements of the Request for Proposals (RFP) will be cause for rejection of the proposal. The City may reject the proposal if it is incomplete, contains irregularities of any kind, or is offered conditionally. The City reserves the right to reject any and all proposals without cause. Each proposal is to be prepared in such a way as to provide a straightforward, concise delineation of the information requested. Proposals which contain false or misleading statements, or which do not support an attribute or condition claimed by the bidder, may be cause for rejection of the proposal. If, in the sole opinion of the City, such information was intended to mislead the City in its evaluation of the proposal, it will be cause for rejection of the proposal. EVALUATION/AWARD OF CONTRACT Evaluation and selection of proposals will be based on the qualifications and evaluation criteria outlined in the RFP. Brochures or other promotional presentations beyond that sufficient to submit a complete and effective proposal are not desired. Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary, and will not affect the evaluation process. Proposals will be evaluated by a Technical Review Committee. In connection with its evaluation, the City may, at its option, invite one or more bidders to make an oral presentation to the Technical Review Committee. During these interviews, the bidder will be allowed to present such evidence as may be appropriate in order that the Committee can effectively evaluate all materials and documentation submitted as a part of the proposal. The City reserves the right to make its selection based on any or all factors of value, whether quantitatively identifiable or not, including, but not limited to, the anticipated initiative and ability of the bidder to perform the services set forth herein. The City reserves the right to reject any or all proposals, to waive any requirements, both the City's and those proposed by the bidder; to waive any irregularities or informalities in any proposal or the RFP process when it is in the best interest of the City of West Covina to do so; to negotiate for the modification of any proposal with mutual consent of the bidder; to re-advertise for proposals, if desired; to sit and act as sole judge of the merit and qualifications of the service offered; and to evaluate in its absolute discretion, the proposal of each bidder, so as to select the bidder which best serves the requirements of the City, thus insuring that the best interest of the City of West Covina will be served. Page 6 ic'EOUEST FOR PROPOSALS: CITY OF WEST COVINA Each bidder's past performance, and the City's assurance that each bidder will provide service as specified, will be taken into consideration when proposals are being evaluated. The City may make such investigation as it deems necessary to determine the ability of a bidder to furnish the required services, and the bidder will furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein or the bid of any bidder who has previously failed to perform properly, or complete on time, contracts of a similar nature. Any material misrepresentation or material falsification of information provided to the City in the bidder's submission, or at any point in the bid evaluation process, including any interview conducted, is grounds for rejection of the bid. In the event that the misrepresentation or falsification is not discovered until after any agreement is awarded, the agreement may be terminated at that time. A determination as to whether a misrepresentation or falsification of the bid submission is material shall be made solely in the exercise of the City's sole discretion. The City expressly reserves the right to reject the bid of any entity in default on the payment of taxes, licenses, or other moneys due to the City of West Covina and/or LACMTA. The City reserves the right to conduct a background inquiry of each bidder which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories, and reputation in the business community. By submitting a proposal to the City, the bidder consents to such an inquiry and agrees to make available to the City such books and records as the City deems necessary to conduct the inquiry. Bidder agrees and so stipulates in submitting this proposal, as though stated therein, and in any subsequent award of contract that: A. Contractor is an independent Contractor, not an employee, agent, or officer of the City of West Covina or LACMTA. B. If awarded, contract shall be interpreted, construed, and given effect in all respects according to the laws of the State of California. C. Should bidder be awarded contract, Contractor shall not assign contract, or any part thereof, or any moneys due, or to become due hereunder without prior consent of the City. D. Contractor shall indemnify and hold harmless the City of West Covina, LACMTA, its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the Contractor, its employees and agents, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct by the City of West Covina and/or the LACMTA. E. Contractor warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the Contractor to any officer, elected official or employee of the contracting entities with a view toward securing the contract or securing favorable treatment with respect to any determination concerning the performance of the contract. For breach or violation of this warranty, the City shall have the right to terminate the contract, either in whole or in part. The rights and remedies of the City provided in this clause shall not be exclusive, and are in addition to any other rights and remedies provided by law or under the contract. F. Contractor shall hold the City of West Covina and/or the LACMTA harmless from liability of any nature or kind, including cost and expenses for infringement or use of any copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished, or used in connection with the contract. Page 7 REQ UEST FOR PROPOSALS: CITY OF WEST COVINA PROPOSAL PRICING GUIDELINES Contractor shall provide proposed fees and cost information broken out by contract year as a part of this Request for Proposals using the Cost Summary Matrix r(Appendix E). Fee schedules submitted in response to this Request for Proposals shall be no higher than the bidder's standard commercial rates for same services. Proposed fees shall be submitted under separate, sealed cover. The City's Technical Review Committee will evaluate cost proposals based upon the entire term of the contract. Fees submitted may be used as a basis of negotiation with the successful Contractor. TERMINATION OF CONTRACT The nature of this contract requires that the City and the Contractor work closely as a mutually supporting team without conflict. The City shall retain the right to terminate this agreement at any time the City believes this working relationship has been impaired, or should the City, as administrator of West Covina Transit, no longer have complete confidence and satisfaction in the quality and performance of services by the Contractor. Therefore: A. This contract may be terminated for convenience, without cause by the City, in whole or in part, by giying the Contractor thirty (30) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City. Should the contract be terminated for convenience, the Contractor shall be paid for all authorized services provided, including reasonable charges for demobilization. However, the Contractor shall not be paid any anticipated profit or fees for services not provided. B. If the Contractor fails to provide services or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part. C. Any assignment, subletting, or transfer of the interest of the Contractor, without prior written authorization from the City, either in whole or in part, shall be cause for the City to immediately terminate the agreement for default. D. The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor thirty (30) days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. E. Following receipt of a notice of termination, except as otherwise directed, the Contractor shall stop work on the date of receipt of the notice of termination or other date specified in the notice; place no further orders for services, except as necessary for completion of such portion of the services not terminated; and settle all outstanding liabilities and claims. RIGHT TO REQUIRE PERFORMANCE The failure of the City at any time to require performance' by the Contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself. ETHICS IN PUBLIC CONTRACTING Each bidder, by submitting a bid, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a bid, the bidder certifies that its bid was made without fraud; that it has not offered or received any kickbacks or inducements from any other bidder in connection with the offer; and that it has not conferred on any public employee, public member, or public official having responsibility for this procurement transaction, any payment, loan, subscription, Page 8 REQUEST FOR PROPOSALS: CITY OF WEST COVINA advance, deposit of money, services, or anything of more than nominal value. The bidder further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City. Prior to the award of any contract, the potential Contractor may be required to certify in writing to the City's Community Services Manager that no relationship exists between the Contractor and any City of West Covina and/or LACMTA employee, officer, official, or agent that interferes with fair competition or is a conflict of interest. More than one bid from an individual, firm, partnership, corporation, or association under the same or different names may be rejected. Reasonable grounds for believing that a bidder has interest in more than one bid for the work solicited may result in rejection of all bids in which the bidder is believed to have an interest. EQUAL EMPLOYMENT OPPORTUNITY During the performance of the contract, Contractor agrees to the following: A. Contractor shall comply with all the requirements, where applicable, of the California Fair Employment Practice Commission and provisions of, when applicable, all Federal, State of California, and City of West Covina laws and ordinances related to employment practices. B. Contractor shall not discriminate against any employee or applicant for employment on the basis of race, religion, color, gender, age, handicap, national origin, or ancestry, except when such a condition is a bona fide occupational qualification reasonably necessary for the normal operations of the Contractor. The Contractor agrees to post in conspicuous places, visible to both employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. C. Contractor, in all solicitations or advertisements for employees, placed by, or on behalf of the Contractor, shall state that Contractor is an Equal Opportunity Employer. INCURRING COSTS The City is not liable for any cost incurred by bidders in responding to this Request for Proposals. A non-mandatory pre-bid conference will be held at City of West Covina City Hall at 10:30 a.m., Monday, May 6, 2013. Tentative Selection Schedule A. April 18, 2013 B. May 6, 2013 C. May13, 2013 D. May 16, 2013 E. May 23, 2013 F. June 4, 2013 G. July 1, 2013 RFP issued Pre-bid conference Question/clarification deadline Proposal submittal deadline Interviews Contract award Commence service Page 9 REOUEST FOR PROPOSALS: CITY OF WEST COVIliA 1.0 PROJECT OVERVIEW 1.1 Introduction The City of West Covina, a municipal corporation, currently operates the following public transit services: A. Fixed-Route. A general public service consisting of three routes. B. Dial-A-Ride. A reservation-based, curb-to-curb service operating within West Covina city limits and portions of Los Angeles County. (See Appendix F for map of service area.) Available to persons 55 years or older and persons with certified disabilities. 1.1.1 Term of Contract The successful bidder will complete all applicable training requirements during the month of June 2013, commence operations on July 1, 2013, and operate and maintain the service for a three-year period ending on June 30, 2016. If and only if mutually agreeable by both parties, the contract may be extended for up to two additional years, one year at a time, pending West Covina City Council approval. 1.1.2 Funding Availability This contract is subject to a financial assistance contract between the City of West Covina, LACMTA, State of California, and Federal Transit Administration of the United States Department of Transportation (DOT). The successful bidder is required to comply with the conditions required by all applicable local, state, and federal regulations. In the event funding for this contract ceases, the City reserves the right to terminate this contract in accordance with "Termination of Contract" section within this document. In the event the specified service levels needs to be reduced, the City reserves the right to reduce service in accordance with Section 2.3 (Adjustment to Service). 1.2 General Instructions 1.2.1 Competitive Selection This procurement shall comply with all applicable City of West Covina Procurement Policies and Procedures. The Contractor shall be selected by the West Covina City Council based upon the recommendation of the Technical Review Committee. Evaluation factors outlined in Paragraph 1.2.2 below shall be applied to all eligible responsible and responsive bidders in comparing proposals and selecting the successful proposal. A bidder may be selected solely based upon the content of its proposal. Therefore, proposals should be submitted in the most-favorable terms. Page 10 REQUEST FOR PROPOSALS: CITY OF WEST COVIWA 1.2.2 Selection and Evaluation Factors 1.2.2 Selection and Evaluation Factors Each proposal will be evaluated and ranked by the evaluation committee. Evaluation factors to be considered, and the corresponding weight for each, are: Ability to perform and meet the requirements of the RFP Experience and qualifications of the firm Proposed/Assigned personnel Client references Price The Committee, at its sole discretion, most qualified bidder(s). (20%) (20%) (20%) (15%) (25%) may request an oral presentation or discussion with the * Pursuant to Chapter 4.6, Section 1070-1074, Part 3, Division 2 of the California Labor Code, a proposer other than the incumbent may earn an additional 10% evaluation scoring by affording a priority in hiring to the existing employees of the incumbent Contractor. (Chapter 4.6, section 1070-1074 requires successor Contractors to offer employment to certain employees of the prior transit Contractor for performance of essentially the same duties for a period of at least 90 days. There is no requirement that the same wage or benefit levels offered by the former Contractor be duplicated by the successor Contractor under this new law.) 1.2.3. Proposal Acceptance Period All proposals must include a statement that proposals are valid for a minimal period of ninety (90) days subsequent to the submission deadline. 1.2.4 Performance Bond Not selected. 1.2.5 Contract Incorporation Bidder should be aware that the contents of its proposal as well as the City of West Covina's attached "agreement" shall become a part of the subsequent contractual documents. The terms and conditions defined in this RFP are to be used as a basis for a contemplated contract. Any modifications to this recommended sample contract will require prior negotiations and approval of the City. Failure of a bidder to accept this obligation may result in the rejections of its proposal or cancellation of any award. Any damages accruing to the City as a result of a bidder's failure or refusal to execute a contract with the City, if awarded the contract, may be recovered from the Contractor. Page 11 REOUEST FOR PROPOSALS: CITY OF WEST COVINA 1.2.6 Negotiations The City reserves the right to negotiate all elements that comprise the proposal to ensure the best possible consideration for all concerned. 1.2.7 Disadvantaged Business Enterprise (DBE) The City has established that there is no goal, for the utilization of Disadvantaged Business Enterprises (DBE) owned, operated, and controlled by socially and economically disadvantaged individuals. Although there is not a DBE goal established for this contract, it is strongly encouraged that the Contractor use, wherever possible, DBE-owned, operated, and controlled by socially and economically disadvantaged individuals. 1.2.8 Debarment, Suspension, and other Responsibilities In order to comply with the Federal Transit Administration (PTA) policy and certification process established by 49 CFR Part 29, as a means to ensure that debarred, suspended, or voluntarily excluded persons do not participate in a federally assisted project, bidder must complete and submit along with proposal, certification forms for the proposing prime Contractor and any and all proposed Subcontractors (Attachment 3). 1.2.9 Restrictions on Lobbying In accordance with 31 USC Section 1352, Contractor hereby certifies that no Federal appropriated funds have been or will be paid by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress in connection with the awarding of any Federal contract, the making of any Federal grant or loan, the entering into of any cooperative agreement, and the extension, continuation, renewal amendment, or modification of Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or member of Congress in connection with the Federal contract, grant, loan, or cooperative agreement, Contractor shall complete and submit standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions (Attachment 4). The Contractor shall require the language of this certification be included in the award documents for all subawards at all tiers, and that all Subcontractors shall certify and disclose accordingly. The Bidder/Contractor shall require that the language of this certification be included in any subcontract exceeding $100,000.00 at any tier and that any such Subcontractor shall certify and disclose accordingly. 1.2.10 Buy America Contractor must complete the Buy America Certificate (Attachment 5) to comply with Section 165 (a) of the Surface Transportation Assistance Act of 1982, as amended, and the applicable regulations in 49 CFR Part 661. Page 12 REQUEST FOR PROPOSALS: CITY OF WEST COVEVA 1.2.11 Audit The City reserves the right to make a pre-award audit of the selected applicant's proposed fees, rates, and costs to determine if they are fair and reasonable. 1.3 Proposal Format Each submittal must address each of the items included within Section 1.3.1 (Ability to Perform) and Section 1.3.2 (Experience and Qualifications). All requested information must be supplied: Failure to submit a complete proposal shall be grounds for a determination of non-responsiveness. Each submittal shall include: A. Cover Letter: Each proposal shall include a cover letter that identifies the firm, address, phone number and contact person of the firm. The cover letter must include acknowledgement of all Addenda, and provide a statement that the proposal is valid for a minimum period of ninety (90) days subsequent to the RFP closing date. The cover letter must include the original signature of an individual with the authority to negotiate on behalf of and to contractually bind the bidder, and who may be contacted during the period of proposal evaluation. B. Table of Contents: A listing of major sections in the proposal and associated page numbers. C. Introduction, hi this section, the bidder should demonstrate an adequate understanding of the project, the City's expectations regarding same, and the bidder's relationship with the City. D. Technical Approach (Section 1.3.1) E. Project Management F. Contractor Staff/Subcontractor Staff (Section 1.3.2) G. Qualifications and References H. Cost Proposal (Section 1.3.3) Submitted as a sealed, separate document. I. Provide proof of required insurance either in the form of a Certificate of Insurance(s) or in the form of a commitment letter from an insurance carrier or licensed insurance agent. J. Complete and submit, along with proposal, the appropriate Certification forms. K. Execute and submit acknowledgment of any addendums pursuant to this RFP. 1.3.1 Ability to Perform and Meet Requirements of the RFP The bidder shall provide sufficient information to enable the Technical Review Committee evaluate the bidder's ability to perform and meet the requirements of this RFP. Such information shall include, but not be limited to, the following: A. Describe your approach, capacity, and management philosophy for operation of that service or services for which your firm wishes to be considered. Page 13 REO'CIEST FOR PROPOSALS: CITY OF WEST CO VII VA B. Describe your hiring/screening procedures for the selection of professional bus operators. Describe your professional bus operator classroom and behind-the-wheel training and support personnel training programs. Describe your driver recurrent safety program. C. Describe a communication skills improvement program to be implemented by the Contractor to facilitate communications between drivers and transit customers. D. Describe your supervisory and dispatch operation. Provide samples of forms to be utilized in this effort. Provide examples of how information based on events in the field (operations and/or maintenance) is communicated, acted upon, and finalized in performance reports. Discuss your internal approach to ensuring the validity of data collected. E. Describe your methodology for assessing on-time performance. Discuss your approach to ensuring the validity of data collected throughout this process. F. The Contractor will be responsible for all fare collection and reconciliation activities, safeguarding and depositing all fare revenues in a dedicated account as directed by each individual City, and for all fare/revenue reporting. Discuss your approach to ensuring the validity of data collected throughout this process. G. Describe your approach to data collection, record keeping, and reporting to comply with National Transit Database Report (NTD) requirements. Provide a sample of the monthly reports that would be submitted. Discuss your approach to ensuring the validity of data collected throughout this process. H. Describe your vehicle cleaning procedures. Include frequency, equipment, and staffing details. Include a description for interior and exterior cleaning. Provide a sample schedule and checklist. I. What procedures do you propose to ensure City staff is kept informed of project developments? J. What aspects of project operations will be monitored, and with what level of frequency? K. Include a detailed Transition and Implementation Plan. This plan shall address the activities and procedures that will be followed to ensure the smooth transition and start-up of the service to be operated by the bidder. The plan should also document recruitment and training schedules, start- up plan, acquisition of necessary equipment, permits, licenses, and any other activities required. 1.3.2 Experience and Qualifications of the Firm and Personnel A. Describe your firm's corporate/regional organizational structure and what resources will be available to support the intended service or services. Be specific regarding level of effort, staffing, location, etc. B. Identify by name all project management/supervisory personnel proposed for assignment to the individual project. Discuss your strategy for ensuring the named personnel remain assigned to this project. Discuss your response strategy for any staffing changes. For each individual named, provide the following: • Resume, • Qualifications, • Academic and professional training, including accreditation(s), and • Any other information deemed relevant. Page 14 1?EOUES1 FOR PROPOSALS: CITY OF WEST COVINA C. Identify by title, scope of duties, and proposed wage levels for any personnel proposed for assignment to the individual project. Provide an organizational chart showing chain of command, scope of duties, and percent of time to be assigned to the specific/individual project. Describe in detail the firm's experience in providing publicly contracted fixed-route and/or demand-response service. Present up to five (5) examples of transit projects similar in scope to any of the services for which you will be submitting a bid. For each, provide the following: • Name of the agency, • Name of contact person, title and phone number, • Term of Contract, • Number of vehicles, • Number of annual revenue hours, • Contract amount, and • Indicate length of association with the referenced client. If no longer a client discuss why. D. Discuss in detail any restrictions, exceptions, or accommodations that may impact your firm's successful provision of public transit contracting services to the City of West Covina. Submitted proposals must follow the format outlined below and all requested information must be supplied. Failure to submit a complete proposal in the required format shall be considered non- responsive. A. Cover letter that identifies the firm, address, phone number and contact person of the firm. Provide a statement that the proposal is valid for a minimum period of ninety (90) days subsequent to the RFP closing date. Signed by an authorized representative of the bidder. B. Provide proof of required insurance either in the form of a Certificate of Insurance or in the form of a commitment letter from an insurance carrier or licensed insurance agent. C. Complete and submit, along with proposal, the appropriate Certification forms. D. Execute and submit acknowledgment of any addendums pursuant to this RFP. E. Prefacing the proposal, the bidder shall provide an Executive Summary stating in brief, concise terms, a summation of the proposal. The proposal itself shall be organized in the following format and informational sequence: 1.3.3 Reasonableness of the Price Proposal Firm fixed-unit prices per total revenue hours are requested for the term of the Contract. Page 15 liEQUEST FOR PROPOSALS: CITY OF WEST COP7iiii Bidder shall submit a firm fixed-unit PRICE PER REVENUE HOUR for the operation of fixed- route and demand-response services for City of West Covina Transit. Bidder's firm fixed rate per revenue hour shall be "ALL INCLUSIVE" and reflective of the scope of services. Each holder shall formulate and base its prices as per the information (projected hours) in Section 2.1.1 and Section 2.2.1 in the Scope of Services. Bidders shall justify their pricing by submitting a cost allocation model of their overall costs using the Cost Summary Matrix (Appendix E). Data to include: • Cost Breakdown Per Year • Detailed Operation Cost • National Transit Database Sampling & Reporting Labor • Detailed Insurance Costs • Detailed Training Costs • Detailed Facilities Costs • Detailed General & Administration Costs • Detailed Capital Costs • Detailed Driver Labor Costs • Total Annual Variable Costs • Total Annual Fixed Costs • Forecast Profit • Total Annual Costs • Total Ready Board Costs 2.0 SCOPE OF SERVICES 2.1 City of West Covina Transit Service Description 2.1.1 Description of Service The City of West Covina provides both fixed-route and demand-response service within West Covina and portions of neighboring Los Angeles County. The fixed-route service consists of three alignments (Red, Blue, and Green). The City currently contracts with a private operator for the day-to-day management, operation, and maintenance of the West Covina Transit service. Currently, eight (8) vehicles are required to operate the fixed-route service. The City will provide the Contractor with two (2) low-floor, CNG-fuel buses as spares. The Contractor will be required to provide five (5) alternate-fuel vehicles (including one spare) in connection with the demand-response service. The City currently provides all fuel relating to the West Covina Transit program. Contractor will have access to vehicle fueling facility located at the City's Corporate Yard. The City's Corporate Yard is located at 825 S. Sunset Ave. The Contractor will be responsible for all West Covina Transit vehicle maintenance. Such maintenance shall be performed at an appropriate facility provided by the Contactor, which shall be located within reasonable proximity of the City's Corporate yard. Page 16 REQUEST FOR PROPOSALS: CITY OF WEST COVINA The City will provide the Contractor with access to the City-owned vehicle washing facility located within the City's Corporate Yard. The Contractor will be required to provide an appropriate project administration office in connection with the West Covina Transit program. Said facility shall be within reasonable proximity of the City's Corporate Yard. Estimated annual revenue hours for West Covina Transit follow: Fixed-Route: 11,650 Demand-Response: 7,600 Total: 19,250 The Contractor must obtain and keep current all required licenses and permits to operate in the City of West Covina Transit service area within the scope of this contract service. 2.1.2 Service Hours Fixed-route: Monday — Friday Saturday Sunday Demand-response: Monday-Friday Saturday Sunday 6:30 a.m. — 7:00 p.m. No Service No Service 8:00 a.m 5:30 p.m. No Service 8:00 a.m.-- 2:30 p.m. (West Covina Only) Contractor will be expected to provide dispatch service during all hours listed above, plus additional time prior to and subsequent of revenue service to assure all runs are covered by qualified drivers. Exact hours of operation are subject to change at the City's sole discretion. 2.1.3 Holiday Schedule The City reserves the right to operate modified schedules it deems appropriate in conjunction with holidays, given one week notice to the Contractor. The modified schedules will in no way alter the Contract, nor will be considered adjustment to service, nor will it result a change in compensation either to the Contractor or to City. There will be no service on the following holidays: New Year's Day Presidents Day Memorial Day Independence Day Labor Day Thanksgiving Day and following day Page 17 REQUEST FOR PROPOSALS: CITY OF WEST COVINA Christmas Eve Christmas Day 2.1.4 Schedules The Contractor shall provide City of West Covina Transit services in a safe, courteous, reliable manner, and in accordance with trip schedules provided by City (see Appendix D). City representatives may from time to time ride Contractor-operated vehicles, with or without prior notice to the Contractor, to ensure compliance with this Contract. 2.1.5 Fares The City has single-tier fare structure: 50 cents. Escorts and children under age five ride free. 2.3 Adjustment to Service The City reserves the right to adjust service at any time. Modifications to services may include, but are not limited to, extending, deleting, or adding routes, or parts of routes, and expanding or decreasing revenue hours. hi the event actual annual revenue hours fall below eighty percent (80%) or exceed one hundred twenty percent (120%) of the total projected annual revenue hours, the City reserves the right to negotiate a revised unit cost per revenue hour with the Contractor. 2.3.1 Special Services The Contractor from time to time may be required to provide special event-related services. Special event services may vary from year to year. Special event services shall be billed at no more than the fixed-route revenue hour rate. 2.4 Drivers 2.4.1 Qualifications/Standards The Contractor shall conduct an adequate background check on each driver to ensure all drivers meet the following standards and are qualified to perform City transportation services: A. All operators must be employees (full or part-time) of the Contractor. The Contractor may not sub-contract with individuals to execute trip assignments. B. Continuous possession of a valid driver's license, a California DMV Transit Certificate, passenger endorsement, air brake endorsement, and current possession of a Class A or B license. C. Not more than two moving violations in the past five years and no DWI/DUI convictions within the last seven years. D. Command of the English language. E. Sensitivity to customer needs. Page 18 REQUEST FOR PROPOSALS: CITY OF WEST COVINA F.Ability to resolve complaints and problems as required. G. No felony conviction history. H. Must pass Federal Drug and Alcohol Testing regulations (Appendix B) 2.4.2 Training Contractor shall be responsible for all aspects of training, including the provision and payment for the required training. Contractor must provide an orientation and training plan outlining how drivers with recent transit bus operating experience shall be trained in transit operations in order to ensure that these new experienced drivers are trained to an equivalent level as the new trainee program required below. All drivers without recent transit bus operations experience, hired by the Contractor must attend, at a minimum, the following training: A minimum of eighty (80) hours of training per driver, of which at least thirty-two (32) hours shall be behind the wheel of a vehicle, including at least eight (8) hours of system & route training/orientation. This training must be completed before a driver can enter unsupervised revenue service. Within this required training period, Contractor shall instruct drivers in at least eight (8) hours of disability awareness sensitivity training, which includes ADA regulations and procedures; four (4) hours of sexual harassment training; eight (8) hours of passenger control/difficult passenger training; eight (8) hours of defensive driving training. City reserves the right to review all training materials, and to monitor training sessions. The Contractor shall arrange and pay for this training. Contractor shall be required every year to ensure all operating personnel associated with this contract receive at least the required sixteen (16) hours of special Depal tnient of Motor Vehicles training and eight (8) hours of recurrent "transit certificate" training. The cost of driver wages during all training shall be borne by the Contractor. Contractor shall be required to ensure all operators and dispatch staff are aware of proper customer communication practices required for polite customer assistance. Contractor shall ensure all operators complete training prior to their assignment to revenue service. The Contractor will also be responsible for providing remedial training for any driver who demonstrates a lack of appropriate skills. Training during and subsequent to training for new hires, such as recurrent training and retraining, shall be conducted by the Contractor. The Contractor shall be required to have an Operator Development Program in place to address all operator related training needs. The City shall inform the Contractor in writing of any changes in operating procedures; the Contractor will be responsible for any training at its cost for existing operators which are needed as a result of changed procedures. Written documentation of all training, including new hires, recurrent, and retraining shall be maintained by the Contractor and furnished to a City of West Covina representative upon request. Page 19 REQUEST FOR PROPOSALS: CITY OF WEST COVINA All training programs shall be subject to City approval within a reasonable timeframe. 2.4.3 Uniform Specifications and Appearance Standards a. Uniform Specifications The Contractor shall develop a dress code which shall be subject to City approval. Such dress code will feature, at a minimum, both shirt/blouse and slacks (standardized dress shorts permitted with City prior approval). Drivers shall wear name tags clearly displaying their names at all times while performing their duties. Uniforms shall clearly display (separately) both the name of the contracting firm and name of the transit service. Each driver shall have an accurate time piece available and in clear sight at all times during vehicle operations. This code shall include shoes which shall be solid, plain-toe military style oxford. Low-cut and high-top tennis shoes are not permissible. Suede shoes, sandals, cleated, or open-toe shoes will not be permitted. Consideration for safety must be applied to all dress code elements. b. Appearance Standards At all times while on duty, drivers shall be well groomed, clean and in complete uniform. Drivers shall conform to the following standards of appearance at all times while on duty or when in uniform. All drivers must be neat in appearance, uniform clean and pressed, shoes shined, hair clean and neatly cared for. 2.4.4 Removal The City may require the Contractor to immediately, pending investigation, remove any driver from service for any one of, but not necessarily limited to, the following: A. Committing unsafe or inappropriate acts while providing service. B. Revocation, suspension, or non-renewal of a valid California driver's license. C. Conviction of any felony criminal offense. D. Unacceptable customer service as reported by customers, other drivers, or directly observed by City staff or agents thereof. E. Operators not in the approved uniform. 2.5 Personnel The Contractor shall furnish all operators, porters/bus washers, dispatchers, supervisors, administrative personnel, and other personnel services necessary for providing the transportation service in accordance with this Contract. The City reserves the right to review the resumes of management personnel assigned to this Contract. Contractor's Project Manager shall meet weekly with the City's Community Services Manager or his designate. As part of this procurement, bidders shall include proposed driver, dispatch, Training & Safety Manager, Road Supervisors, support personnel, bus porter, and Project Manager wage and benefit Page 20 R_EOUEST FOR PROPOSALS: CITY OF WEST COVINA packages, which will be offered to each of the above employment classifications upon contract commencement. 2.5.1 Required Management Personnel The Contractor shall provide one (1) full-time Project Manager and two (2) full-time Road Supervisors dedicated solely to this Contract. The Contractor shall provide supervisory personnel on duty prior to driver rollout to assure complete route coverage/schedule adherence. All cleaning and other personnel working outside normal West Covina Transit service hours shall be appropriately supervised. Bidders must include complete employment history and resume materials for the Contractor's Project Manager being proposed. This position is critical to the success of the operation, and significant scrutiny of the proposed Project Manager is to be expected. 2.5.2 Supervision Contractor shall employ a minimum of one road supervisor at all times during transit operations to provide continuous daily street supervision of contracted service including the monitoring of schedule adherence, on-street operation, and on-route compliance. This supervision will include conducting ride checks (on-board) to ensure operator adherence to procedures (i.e., fare collection, ADA compliance, and passenger relations). Such supervision will also include responses to investigation of accidents. The City also reserves the right to provide similar investigations and adherence checks of its own without notice to ensure compliance with terms of the Contract. 2.5.3 Dispatching/Radio Control The Contractor shall provide vehicle radios, base station, and accessories; as well as its repair and maintenance. The Contractor will provide adequate dispatch and radio monitoring personnel to enable effective driver/vehicle assignments and prompt response to driver and/or vehicle problems, which could impact West Covina Transit operations. 2.5.4 Safety and Security The Contractor shall take all-reasonable and necessary precautions to provide security for any equipment provided by the City, as well as for records of all transit operations. Contractor shall be responsible for safety and security of passengers during operations and for all related equipment and facilities. Contractor shall include specific procedures in the proposal, which define the safety and security program for transit service. Safety and organizational meetings shall be held with all employees at least once per month. Contractor shall report all hazardous conditions (e.g., trees, signs, road conditions, etc.) in the service area to the City and any other appropriate authority and take necessary precautions to safeguard passengers, personnel, and equipment. Contractor shall not permit drivers to bear weapons of any type on Contractor or City property, facilities, or onboard vehicles while operating a vehicle under the terms of this agreement. Page 21 REQUEST FOR PROPOSALS: CITY OF WEST COFEVA 2.5.4 Injury and Illness Prevention Plan Contractor shall maintain and provide a copy of its Injury and Illness Prevention Plan in compliance with Title 8 of the California Code of Regulation, Sec. 3203. 2.6 City-Furnished Vehicles The Contractor shall be initially provided with two (2) low-floor, alternate fuel vehicles for use in connection with the West Covina Transit fixed-route service. See Appendix C for City of West Covina Transit fleet roster. The City shall pay for all repairs unless the repairs arise/result from Contractor negligence. It is the City's responsibility to determine negligence and would be based on common transit industry practices. The City reserves the right to add/subtract or substitute vehicles for those described above. The City will not provide Contractor with any non-revenue vehicles to conduct daily non-revenue service tasks. Contractor shall be responsible for providing any non-revenue vehicles that may be desired for running of errands, field review of operations, or shuttling of drivers, etc. 2.6.1 Transition of Vehicles to New Contractor City and its agents will jointly inspect each vehicle with the outgoing Contractor and sign off on the original inspection sheet from when the Contractor originally inspected and accepted the vehicles. After the City has accepted the vehicles, the City will jointly inspect the vehicles with the new Contractor. An inspection acceptance form will be generated at that time. 2.6.2 Operating Mode The Contractor is required to provide the necessary drivers, supervisory/management services, and all other goods and services needed to provide the services described in this Scope of Services unless expressly stated that such goods and services would be provided by the City. 2.7 Facilities Contractor will have access to vehicle fueling facility located at the City's Corporate Yard. The City's Corporate Yard is located at 825 S. Sunset Ave. The Contractor will be responsible for all West Covina Transit vehicle maintenance. Such maintenance shall be performed at an appropriate facility provided by the Contactor, which shall be located within reasonable proximity of the City's Corporate Yard. The City will provide the Contractor with access to the City-owned vehicle washing facility located within the City's Corporate Yard. The Contractor will be require to provide an appropriate project administration office in connection with the West Covina transit program. Said facility shall be within reasonable proximity of the City's Corporate Yard. Page 22 REQUEST FOR PROPOSALS: CITY OF WEST COVINA 2.8 Software/Hardware The Contractor will be required to supply all administrative office software, paratransit trip scheduling software, and all computer hardware for this contract. This system shall enable the Contractor the ability to track name, address, telephone numbers of demand-response customers, destination and requested arrival time, vehicle number serving trip, estimated passenger pickup time, no shows and cancellations, and customer and vehicle histories. 2.8.1 Fare Collection The Contractor shall collect the fares and charges that may be established by the City. Fare collection and all related security measures shall be solely the responsibility of the Contractor. The Contractor shall be required to provide the City with the following materials or information: A. Fares collected (which shall be reported monthly (by day), then deducted from monthly invoices). B. Fare boxes (vault-style) shall be provided by the City and maintained by the Contractor. C. All fare media shall be collected and submitted to the City's Community Services Manager. The City reserves the right to approve any fare collection/securement system implemented throughout the contract term. The City reserves the right to examine the books of fares collected at its discretion, including retaining the services of an independent third-party auditor. 2.8.2 Telephone Information Service Contractor shall provide customer information service to the public in English and Spanish during all hours of West Covina Transit operation. In addition, Contractor shall take demand-response reservations every day during regular operating hours. Contractor shall also install and maintain a TDD system for the hearing impaired. The Contractor shall provide sufficient telephone lines dedicated to the City of West Covina Transit operation to ensure effective communications. These phone lines shall be used solely for the purpose of providing customer information and shall not be used by the Contractor for any other purpose. These telephones shall be answered aS "City of West Covina Transit". Telephone charges shall be the responsibility of the Contractor. 2.9 Equipment Condition Vehicles placed in service by Contractor must, without exception;. A. Be cleaned daily inside and outside. B. Vehicle floors will be swept and mopped daily. C. Driver area will be Wiped down. This shall include, but not be limited to, dash controls, dashboard, above the driver area, and along the front dashboard. D. Have fully operational heating and air conditioning, wheelchair lifts, securement belts, flip seats, radios, fareboxes, and destination signs. Page 23 REOUEST FOR PROPOSALS: CITY (Jr WEST COVINA E. Be free of body damage, have no missing or unpainted panels. F. Be free of graffiti on the exterior and the interior. G. Have all safety items fully operational (i.e., lights, brakes, horn, tires, wheelchair tie downs, seat belts, etc.) H. No vehicle shall be cannibalized for parts for any reason without prior written consent of the City. 2.10 Data 2.10.1 Daily Statistics The following information will be provided to the City: A. Summary of driving and industrial accidents and incidents for previous day. B. Wheelchair boardings attempted/successful for the previous day. C. Number of late/missed trips for previous day and the cause. D. Number of overloads experienced for the previous day. Written accident reports will be required to be submitted to the City within 24 hours of the incident. 2.10.2 Weekly Reports The daily statistics shall be aggregated to a weekly and month-to-date basis and a report provided to the City's Community Services Manager on a weekly basis in an electronic (Excel) format. In addition to the daily indicators, ridership counts segregated by service, service type, and route as well as the number and type of complaints received for the week must be included in the weekly report. 2.10.3 Monthly Reports The following performance indicators must be reported monthly to the City: A. Miles between roadcalls B. Miles between maintenance roadcalls C. Number and percentage of missed/late pull-outs D. Number and percentage of missed/late trips E. Number and percentage of on-time performance F. Number of complaints/L000 passengers G. Total accidents/100,000 miles H. Collision accidents/100,000 miles I. Total preventable accidents/100,000 miles J. Passenger accidents per 100,000 miles K. Pass sales activity at dispatch and field office L. Wheelchair boardings M. Drug and Alcohol tests N. Driver/Dispatcher Training Activities 0. Driver Evaluations P. Requests for services not currently being provided Q. Ridership counts by day, mode, route, and fare type Page 24 IZEOUEST FOR PROPOSALS: CITY (Jr WEST COVINA 2.10.4 Customer Complaints Contractor will contact by telephone, or follow up with written correspondence if necessary to the complaint. If an investigation is required, Contractor will conduct an investigation and the initiator will be contacted by telephone or written correspondence regarding the results of the investigation. Contractor shall respond to customer complaints within two (2) business days of receipt. The Contractor will be required to track and report to City all complaint information within twenty-four (24) hours of receipt of complaint. 2.10.5 NTD Reporting All public transit service provided for City must be reported annually to the Federal Transit Administration (PTA) in a completed National Transit Database (NTD) report. As part of the annual NTD reporting requirement, the Contractor shall conduct on-board data sampling each year as directed by the FTA/NTD, to statistically compute valid passenger mile data. The Contractor agrees to use the technique described in FTA Circular C 2710.1A (dated July 18, 1988). The Contractor shall submit the daily random-sample trip sheets no later than the tenth (10th) calendar day for the previous month's sampled trips. The Contractor shall prepare a quarterly report of the random trips to be submitted no later than thirty (30) days after the end of each quarter and prepare an annual summary to be submitted no later than thirty (30) days after the end of the fiscal year. Contractor shall be responsible for ensuring that all reported NTD data meets PTA requirements and definitions. Contractor shall be responsible for maintaining the most recent NTD data collection procedures. The monthly, quarterly and annual reports shall be considered missed if not submitted to City by the tenth (10 th) calendar day or thirty (30) days after the end of the quarter or fiscal year, respectively, and be considered a cause for termination (default) of this Contract. Contractor shall conduct any mandatory sampling that NTD may require of City of West Covina Transit at any time during contract term. 2.10.6 Drug-Free Workplace Policy The Contractor is required to develop and implement procedures which comply with the City's Drug-Free Workplace Policy and applicable PTA requirements. (Appendix B) 2.10.7 Performance Specifications All performance specifications will be strictly adhered to in order to provide the highest level of service possible. The City reserves the right to monitor the Contractor in its performance of the Contract to ensure all performance specifications are adhered to. To receive full compensation, the Contractor is required to meet or exceed the following standards of performance on a monthly basis: Operating Performance Standards - Vehicles shall be operated with due regard for the safety, comfort, and convenience of passengers and the general public. Service shall be provided as scheduled or according to any adjusted schedule established by City, including route modifications required as a result of a declared emergency. The Contractor shall strive to maintain on-time performance, however, Contractor shall not be held responsible for the failure to provide on-time service due to weather, unavoidable vehicle malfunctions, or naturally occurring disasters, if sufficient documentation is provided to City. Page 25 REQUEST FOR PROPOSALS: CITY OF WEST COP7N.A Personnel Performance Standards - Regularly assigned drivers and one (1) trained relief board (RB) back-up must be available at all times of transit operation to ensure consistent and reliable service under the Contract. The RB driver may perform other duties related to the operations while on duty, provided that he/she is available for relief driving at any time. All personnel are responsible for knowledge of the service. Project personnel must maintain a courteous attitude, answering to the best of their ability, any questions from the public regarding the provision of service. Customer service training must include a focus on positive customer relations. Personnel must report customer complaints and/or operational problems to the Contractor's Project Manager who will be responsible for informing the City's Community Services Manager. All customer complaints must be reported to the City within twenty-four (24) hours of receipt. Drivers must accurately and completely submit the required operating reports each day. 2.10.8 Incentives Not selected. 2.10.9 Liquidated Damages Not selected. 2.11 Marketing and Public Relations The City shall be responsible for all marketing and public relations activities relating to the West Covina Transit program. The City shall furnish all schedules, maps, transfers, passes and other printed materials required for marketing the service. The Contractor shall distribute onboard notices, cooperate and participate in marketing, promotion, advertising, public relations, and public education programs and projects undertaken by the City from time to time. City shall be the exclusive public media contact in connection with the transit program. Under no circumstances shall the Contractor or its employees be permitted to distribute any unauthorized printed or written materials withont written permission from the City. 2.11.1 Advertising on Exterior and Interior of Buses All advertising materials will meet uniform size requirements, and are subject to City approval prior to installation. 2.11.2 Signage Contractor shall display required head signage, in plain view, in all City of West Covina Transit vehicles, while in revenue service. The City's Community Services Manager will direct Contractor as to which messages shall be displayed during revenue service as required. Page 26 liEOUEST FOR PROPOSALS: CITY (Jr WEST CO 2.12 Operating During an Emergency In the event of an emergency, Contractor shall deploy vehicles in a manner described by the City. Emergency service does not constitute an expansion of service. City shall be obligated to compensate Contractor for emergency service that significantly exceeds the normal expense of operating the City of West Covina Transit service during such period of declared emergency. ATTACHMENTS Attachment 1: Attachment 2: Attachment 3: Attachment 4: Attachment 5: Attachment 6: Attachment 7: Attachment 8: Attachment 9: Attachment 1 0 : Attachment 11: Federal Requirements City of West Covina Transit Contract Certification of Primary Participant Regarding Debarment, Suspension and Other Ineligibility and Voluntary Exclusion Certification of Lower Tier Participant Regarding Debarment, Suspension and other Ineligibility and Voluntary Exclusion Certification of Restrictions on Lobbying Buy America Certificate Bid Protest Procedures City of West Covina Transit Sample Operations Reports Incumbent Contractor Wage and Benefits Statement of Non Collusion by Contractor Agreement for Indemnification by Contractor/Vendor APPENDICIES Appendix A: Appendix B: Appendix C: Appendix D: Appendix E: Appendix F: NTD Reporting Requirements Drug & Alcohol Testing Program City of West Covina Transit Fleet Roster City of West Covina Transit service brochure Cost Summary Matrix WeSt Covina Transit DAR Service Area Map Page 27 REQUEST FOR PROPOSALS: CITY OF WEST COVINA ATTACHMENT 1 FEDERAL REQUIREMENTS COMPLIANCE WITH FEDERAL REQUIREMENTS. The Bidder's attention is called to the fact that this contract is subject to a financial assistance contract between the City of West Covina, Los Angeles County Metropolitan Transportation Authority (LACMTA), and the Federal Transit Administration of the United States Department of Transportation ("DOT"). The contract to be let, therefore, is subject to the terms of the contract between the City of West Covina and the DOT. The successful bidder is required to comply with the conditions required by applicable federal regulations. The Contractor understands that Federal laws, regulations, policies, and related administrative practices applicable to this contract on the date the contract was executed may be modified from time to time. The Contractor agrees the prevailing Federal requirements will govern the administration of this contract at any particular time, except if there is sufficient evidence in the contract of a contrary intent. Such contrary intent might be evidenced by express language of this contract or a letter signed by the Federal Transit Administrator the language of which modifies or otherwise conditions the text of a particular provision of this contract. Likewise, new Federal laws, regulations, policies, and administrative practices may be established after the date the contract has been executed and may apply. 1.0 DISADVANTAGED BUSINESS ENTERPRISE (DBE) The City of West Covina or its Contractor agrees to take the following measures to facilitate participation of disadvantaged business enterprises (DBE) in the Project. 1.1 The City of West Covina or its Contractor agrees to comply with current US DOT regulations on participation of DBEs in US DOT financial assistance programs. 1.2 The City of West Covina or its Contractor agrees that it will not discriminate on the basis of race, color, religion, national origin, age, or sex in the award and performance of any third-party contract, subgrant, or sub-agreement financed with Federal assistance derived from US DOT. The City of West Covina or its Contractor agrees to take all necessary and reasonable steps required by US DOT regulations to ensure that eligible DBEs have the maximum feasible opportunity to participate in third party contracts financed with Federal assistance awarded by US DOT. If the City of West Covina is required by US DOT regulations to have a DBE program, the DBE program approved by US DOT is incorporated by reference and made part of the Grant Agreement or Cooperative Agreement. Implementation of that DBE program is a legal obligation, and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the City of West Covina or its Contractor of its failure to carry out its approved program, US DOT may impose sanctions as provided for under its regulations and may, in appropriate cases, refer the matter for enforcement under 18 'USC Section 1001, and/or the Program Fraud and Civil Remedies Act, 31 USC Section 3801 et seq. 1.3 Whether or not the City of West Covina is required to have a DBE program, the City agrees to include the clause required by the US DOT regulations on DBEs, modified as necessary to identify the affected parties, in each agreement between itself and its subrecipients and in each third party contract financed with Federal assistance awarded by US DOT. 2.0 STANDARD DOT TITLE VI ASSURANCES During the performance of this contract, the Contractor for itself, its assignees Page 28 1?E01.7ES1 FOR PROPOSALS: CITY OF WEST COVINA and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: Compliance with Regulations The Contractor shall comply with the Regulations relative to nondiscrimination in federally- assisted programs of the Department of Transportation (hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this Contract. Nondiscrimination The Contractor, with regard to the work performed during the Contract, shall not discriminate on the ground of race, color, religion, sex, age, handicap, or national origin in the selection and retention of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 2.1.5 of the Regulations, including employment practice, when the Contract covers a program set forth in Appendix B of the Regulations. 2.3 Solicitations for Subcontract, Including Procurements of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, religion, sex, age, handicap, or national origin. 2.4 Information and Reports The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by City of West Covina or the FTA to be pertinent and to ascertain compliance with such regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to City of West Covina or to the FTA, as appropriate, and shall set forth what efforts it has made to obtain the information. 2.5 Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the City of West Covina shall impose such Contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: a) Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or b) Cancellation, termination, or suspension of the Contract, in whole or in part. 2.6 Incorporation of Provisions The Contractor shall include the provisions of Sections 2.1, Compliance with Regulations, through 2.6, Incorporation of Provisions, in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or Page 29 REQUEST FOR PROPOSALS: CITY (Jr IFEST CO MIA procurement as the City of West Covina or the FTA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the City of West Covina to enter into such litigation to protect interests of the City of West Covina and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 3.0 EQUAL EMPLOYMENT OPPORTUNITY In connection with the execution of this contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age or national origin. The Contractor shall take affirmative action to ensure applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, age, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor further agrees to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. 4.0 CARGO PREFERENCE 4.1 Minimum Percentage The Contractor agrees to utilize privately-owned United States flag commercial vessels to ship at least fifty percent (50%) of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved whenever shipping any equipment, materials, or commodities pursuant to this Contract, to the extent such vessels are available at fair and reasonable rates for United States flag commercial vessels. 4.2 Reporting Requirements. The Contractor agrees to furnish, within thirty (30) days following the date of loading for shipments originating within the United States, or within thirty (30) working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, "on- board" commercial ocean bill of lading in English for each shipment of cargo described in Section 4.1, Minimum Percentage, above, to both the Contracting Officer of City of West Covina (through the prime Contractor in the case of subcontractor bills of lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, 400 Seventh St. SW, Washington, DC 20590, marked with appropriate identification of the project. 4.3 Subcontracts The Contractor agrees to insert the substance of the provisions of Sections 4.1, Minimum Percentage, through 4.3, Subcontracts, in all subcontracts issued pursuant to this Contract. 5.0 AUDIT AND INSPECTION OF RECORDS The Contractor agrees that the grantee, the Comptroller General of the United States, or any of their duly authorized representatives, shall, for the purpose of audit and examination be permitted to inspect all work, materials, payrolls, and other data and records with regard to the project, and to audit the books, records, and accounts with regard to the project. 6.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT REQUIREMENTS Page 30 REQUEST FOR PROPOSALS: CITY OF WEST COVINA Contractor agrees to comply with all applicable standards, orders of requirements issued under Section 306 of the Clean Air Act [42 USC 1857 (h)], Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency ("EPA") regulations (40 CFR, Part 15) which prohibit the use under nonexempt Federal contracts, grants or loans, of facilities included on the EPA list for Violating Facilities. Contractor shall report violations to FTA and to the EPA Assistant Administrator for Enforcement. 7.0 ENVIRONMENTAL, RESOURCE CONSERVATION, AND ENERGY REQUIREMENTS. 7.1 Environmental Protection Contractor agrees to comply with the requirements of the National Environmental Policy Act of 1969, as amended, 42 USC Section 4321 et seq; Section 14 of the Federal Transit Act, as amended, 49 USC app. — Section 1610; the Council on Environmental Quality regulations, 40 CFR Part 1500 et seq.; and the joint FHWA/FTA regulations, "Environmental Impact and- Related Procedures," at 23 CFR Part 771 and 49 CFR Part 622. 7.2 Air Pollution The Contractor agrees to comply with the joint FHWAIFTA regulations, "Air Quality Conformity and Priority Procedures for Use in Federal-Aid Highway" and 49 CFR Part 623. The Contractor assures that any facilities or equipment acquired, constructed, or improved as a part of the Project are or will be designed and equipped to limit air pollution as provided in accordance with the following EPA regulations: "Control of Air Pollution from New and In-Use Motor Vehicles Engines," 40 CFR Part 85; "Control of Air Pollution from New and In-Use Motor Vehicles and New and In-Use Motor Vehicles Engines.- Certification and Test Procedures," 40 CFR Part 86; and "Fuel Economy of Motor Vehicles," 40 CFR Part 600; in accordance with applicable Federally-approved State Implementation Plan(s) (in particular, the Transportation Control Measures); and in accordance with applicable Federal regulations, directives and other standards. 7.3 Use of Public Lands No publicly-owned land from a park, recreation area, or wildlife or waterfowl refuge of National, State, or local significance as determined by the Federal, State, or local officials having jurisdiction thereof, or any land from an historic site of National, State, or local significance may be used for the Project unless specific findings required by 49 USC Section 303 are made by the US DOT. 7.4 Historic Preservation The Contractor agrees to assist the Government to comply with Section 106 of the National Historic Preservation Act, 16 USC Section 470f, involving historic and archaeological preservation by: (a) Consulting the State Historic Preservation Officer on the conduct of investigations, in accordance with Advisory Council on Historic Preservation regulations, "Protection of Historic and Cultural Properties," 36 CFR Part 800, to identify properties and resources listed in or eligible for inclusion in the National Register of Historic Places that may be affected by the Project, and notifying the Government (PTA) of the existence of any such properties; and Page 31 REQUEST FOR PROPOSALS: CITY OF WEST CO Hiv71 (b) Complying with all Federal requirements to avoid or mitigate adverse effects upon such properties. 7.5 Energy Conservation The Contractor shall comply with mandatory standards and policies relating to energy efficiency that are contained in applicable State Energy Conservation Plans issued in compliance with the Energy Policy and Conservation Act, 42 USC Section 6321 et seq. 7.5.1 Mitigation of Adverse Environmental Effects Should the proposed Project cause adverse environmental effects, the Contractor agrees to take all reasonable steps to minimize such effects pursuant to 49 USC app. Section 161 0, all other applicable statutes, and the procedures set forth in 23 CFR Part 771 and 49 CFR Part 622. The Contractor agrees to undertake all environmental mitigation measures that may be identified as commitments in applicable environmental documents (such as environmental assessments, environmental impact statements, memoranda of agreements, and statements required by 49 USC Section 303) and with any conditions imposed by the Government as part of a finding of no significant impact or a record of decision; all such mitigation measures are incorporated in and made part of this Agreement by reference. 7.5.2 Recycled Products - Applicability to Contracts The Recycled Products requirements set forth in 42 USC 6962, 40 CFR Part 247, Executive Order 12873, apply to all contracts for items designated by the EPA, when the purchaser or contractor procures $10,000.00 or more of one of these items during the fiscal year, or has procured $10,000.00 or more of such items in the previous fiscal year, using Federal funds. New requirements for 'recovered materials" became effective May, 1996. These new regulations apply to all procurement actions involving items designated by the EPA, where the procuring agency purchases $10,000.00 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,000.00. 8.0 COMPLIANCE WITH LAWS AND REGULATIONS 8.1 Compliance and Evidence All materials and supplies and/or construction furnished pursuant to this Contract shall be in compliance with the laws and regulations of the State of California and the United States of America. Contractor shall, if requested by the City of West Covina, supply certification and evidence of such compliance. 9.0 PATENT AND DATA RIGHTS 9.1 Patent Rights If any invention, improvement, or discovery of the Contractor is conceived or first actually reduced to practice in the course of or under this Contract, which invention, improvement, or discovery may be patentable under the laws of the United States of America or any foreign country, the Contractor shall immediately notify the City of West Covina and FTA and provide a detailed report. The rights and responsibilities of the Contractor, City of West Covina and FTA with respect to such invention, improvement, or discovery will be determined in accordance with applicable Federal laws, regulations, policies, and any waiver thereof. Page 32 REQUEST FOR PROPOSALS: CITY OF WEST COVINA 9.9 Rights in Data The following restrictions apply to all "subject data" first produced in the performance of this Contract: (a) Except for its own internal use, the Contractor may not publish or reproduce such data in whole or in part, or in any manner or form, nor may the Contractor authorize others to do so, without the written consent of the City of West Covina and FTA, until such time as the City of West Covina, LACMTA, and FTA may have either released or approved the release of such data to the public. (b) The City of West Covina reserves, and, as authorized by 49 CFR Part 18.34, FTA reserves, a royalty-free, non- exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (i) any work developed under a grant, cooperative agreement, sub-grant, sub-agreement, or third party contract, irrespective of whether or not a copyright has been obtained; and (ii) any rights of copyrighted work or material to which the City of West Covina, a sub- recipient, or a third-party Contractor purchases ownership with Federal assistance. (c) When FTA provides assistance to the City of West Covina for a project involving planning, research, development, or a demonstration, it is FTA's intent to increase the body of mass transportation knowledge, rather than to limit the benefits of the project to those parties that have participated therein. Therefore, the City of West Covina as the recipient of FTA assistance to support planning, research, development, or a demonstration financed under Section 4(i), 6, 8, 9, 18, 18(h), or 20 of the Urban Mass Transportation Act of 1964, as amended, understands and agrees that, in addition to the rights set forth in (b)(ii) of this subsection, FTA may make available to any FTA recipient, sub-grantee, sub-recipient, third party Contractor, or third party subcontractor, either FTA's license in the copyright to the "subject data" derived under this contract or a copy of the "subject data" first produced under this contract. (d) The Contractor shall indemnify, save, and hold harmless the City of West Covina and FTA, its officers, agents, and employees acting within the cope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under this Contract. (e) Nothing contained in this clause shall imply a license to the City of West Covina or PTA under a patent or be construed as affecting the cope of any license or other right otherwise granted to the City of West Covina or FTA under any patent. (f) Paragraphs "b", "c", and "d". of this subsection are not applicable to materials furnished to the Contractor by the City of West Covina or PTA and incorporated in the work furnished under the Contract; provided that such incorporated material is identified by the Contractor at the time of delivery of such work. (g) In the event that the Contract is not completed, for any reason whatsoever, all data developed under the Contract shall be come subject data and shall be delivered as the City of West Covina or FTA may direct. Page 33 REOUEST FOR PROPOSALS: Ch 7 7 OF WEST COVE\TA 9.3 Infringement of Patents The Contractor agrees that he will, at his own expense, defend all suits or proceedings instituted against the City of West Covina and pay any award of damages assessed against the City of West Covina in such suits or proceedings, insofar as the same are based on any claim that the materials or equipment, or any part thereof, or any tool, article or process used in the manufacture, operation or use thereof, constitutes an infringement of any patent, trade secret, copyright, or any other proprietary right. 10.0 RETENTION OF RECORDS Contractor shall retain and make available to the City of West Covina records showing compliance with the Section and with Section 32.0 for three (3) years after completion of a project, or until an audit is completed and all questions, claims disputes, negotiations, and other actions arising there from are resolved, whichever occurs last. Additional retention periods may be required as appropriate and stipulated in writing. 11.0 ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES The Contractor agrees to comply with, and assure that any subcontractor, or third party Contractor under this project complies with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 USC Section 12101 et seq. and 49 USC Section 322; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC Section 794; Section 16 of the Federal Transit Act, as amended, 49 USC app. Section 1612; and the following regulations and any amendments thereto: (a) US DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)", 49 CFR Part 37; (b) US DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 CFR Part 27; (c) US DOT regulations, "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 49 CFR Part 38; (d) Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services, " 28 CFR Part 35; (e) US DOT regulations, "Nondiscrimination on the Basis of Disability by Public Accommodation's and in Commercial Facilities," 28 CFR Part 36; (f) General Services Administration regulations, "Construction and Alteration of Public Buildings," "Accommodations for the Physically Handicapped," 41 CFR Part 101-19; (g) Equal Employment Opportunity Commission (EEOC) "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Adt," 29 CFR Part 1630; (h) Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 CFR Part 64, Subpart F; and (i) FTA regulations, 'Transportation for Elderly and Handicapped Persons," 49 CFR Part 609. Page 34 REO'UEST FOR PROPOSALS: CITY OF WEST COVINA 12.0 PRIVACY The foregoing is applicable to all contracts that involve the administration of any system of records (as defined in the Privacy Act of 1974) on behalf of the Federal Government. 1. The City of West Covina and Contractor agrees: (a) To comply with the Privacy Act of 1974, 5 USC Section 552a (the Act) and the rules and regulations issued pursuant to the Act when performance under the Contract involves the design, development, or operation of any system of records on individuals to be operated by the City of West Covina, its Contractors or employees to accomplish a Government function; (b) To notify the Government when the City of West Covina or Contractor anticipates operating a system of records on behalf of the Government in order to accomplish the requirements of this Agreement, if such system contains information about individuals which information will be retrieved by the individual's name or other identifier assigned to the individual. A system of records subject to the Act may not be employed in the performance of this Agreement until the necessary approval and publication requirements applicable to the system have been carried out. The City of West Covina or Contractor, as appropriate, agrees to correct, maintain, disseminate, and use such records in accordance with the requirements of the Act, and to comply with all applicable requirements of the Act; (c) To include the Privacy Act Notification contained in this Agreement in every subcontract solicitation in every subcontract when the performance of work under the proposed subcontract may involve the design, development, or operation of a system of records on individuals that is to be operated under the Contract to accomplish a Government function; and (d) To include this clause, including this paragraph, in all subcontracts under which work for this Agreement is performed or which is awarded pursuant to this Agreement or which may involve the design, development, or operation of such a system of records on behalf of the Government. 2. For purposes of the Privacy Act, when the Agreement involves the operation of a system of records on individuals to accomplish a Government function, the City of West Covina, third party Contractors and any of their employees is considered to be an employee of the Government with respect to the Government function and the requirements of the Act, are applicable except that the criminal penalties shall not apply with regard to contracts effective prior to September 27, 1975. In addition, failure to comply with the provisions of the Act of this clause will make this Agreement subject to termination. 3. The terms used in this clause have the following meanings: (a) "Operation of a system of records" means performance of any of the activities associated with maintaining the system of records on behalf of the Government including the collection, use and dissemination of records. (b) "Record" means any item, collection, or grouping of information about an individual that is maintained by the City of West Covina or Contractor on behalf of the Govermnent, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other Page 35 REQUEST FOR PROPOSALS: CITY OF WEST COVINA identifying particular assigned to the individual, such as a finger or voice print, or a photograph. (c) "System of records" on individuals means a group of any records under the control of the City of West Covina or Contractor on behalf of the Government from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. 13.0 BUY AMERICA This procurement is subject to the FTA Buy America Requirements as set forth in 49 CFR Part 661. Except as provided in 49 CFR 661.7 and 661.11, no funds may be obligated by PTA for a project unless all steel and manufactured products used in the project including, but not limited to, structural steel, running rail, and contract rail, are produced in the United States. A Buy America Certificate, as provided in the attached forms, must be completed and submitted with the bid. A bid which does not include the Buy America Certificate will be considered non- responsive. Unless the product bid contains 100% domestic material, Certificate of Non- Compliance, must be signed. 13.1 Exception: An exception from the Buy America provisions may be sought by the City of West Covina if grounds for an exception exist. 49 CFR Section 661.7 and 661.11 sets forth conditions for which exceptions will be granted. Specifically for this procurement, an exception to the Buy America requirements may be applicable if, (a) No responsive and responsible bid is received offering an item produced in the United States. (b) The inclusion of a domestic item or domestic material will increase the cost of the contract between the City of West Covina and its supplier by more than 25 percent. 14.0 LABOR PROVISIONS - NONCONSTRUCTION CONTRACTS 14.1 Overtime Requirements No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty (40) hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such work week, whichever is greater. 14.2 Violation; Liability for Unpaid wages; Liquidated Damages In the event of any violation of the clause set forth in Section 1.1, Overtime Requirement, above [29 CFR 5.5(b)(1)], the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the provision set forth in Section 1.1, Overtime Require, above [29 CFR 5.5(b)(1)], in the sum of ten dollars for each calendar day on which such individual was required or permitted to work in excess of the standard work week of forty hours without payment of the overtime Page 36 REO VEST FOR PROPOSALS.. CITY OF WEST COVINA wages required by the provision set for in Section 1. 1, Overtime Requirement [29 CFR 5.5(b)(1)]. 14.3 Withholding for Unpaid Wages and Liquidated Damages DOT or the City of West Covina shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or with other federally- assisted Contractor subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provision set forth in Section 1.2, Violation; Liability for Unpaid Wages; Liquidated Damages [29 CFR 5.5(b)(2)]. 14.4 Nonconstruction Contracts The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, count classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the records to be maintained under this Section shall be made available by the Contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Transportation and the Department of Labor, and the Contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 14.5 Subcontracts The Contractor or subcontractor shall insert in any subcontracts the provisions set forth in Sections 1.1, Overtime Requirements, through 1.4 Nonconstruction Contracts, above. 15.0 TERMINATION 15.1 Termination for Convenience The City of West Covina may terminate this contract, in whole or in part, at any time by written notice to the Contractor. The Contractor shall be paid its costs, including contract close-out cost, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City of West Covina to be paid the Contractor. If the Contractor has any property in its possession belonging to the City of West Covina, the Contractor will account for the same, and dispose of it in the manner the City of West Covina directs. 15.2 Termination for Default If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for the contract, or if the Contractor fails to comply with any other provisions of the contract, the City of West Covina may terminate this contract for default. Termination shall be effected by serving a notice of termination on the Contractor setting forth the manner in which the Contractor is in default. Page 37 REQUEST FOR PROPOSALS: CITY OF WEST COMA The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City of West Covina that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City of West Covina, after setting up a new delivery or performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 15.3 Termination for Cost-Type Contracts The City of West Covina may terminate this contract, or any portion of it, by serving a notice of termination on the Contractor. The notice shall state whether the termination is for convenience of City of West Covina or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the Contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the City of West Covina, or property supplied to the Contractor by the City of West Covina. If the termination is for default, the City of West Covina may fix the fee, if the contract provides for a fee, to be paid the Contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City of West Covina and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the City of West Covina, the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the City of West Covina determines the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the Contractor, the City of West Covina, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 16.0 RESTRICTIONS ON LOBBYING (For contracts over $100,000.00) (a) In accordance with 31 1JSC Section 1352, Contractor hereby certifies that no Federal appropriated funds have been or will be paid by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress in connection with the awarding of any Federal contract, the making of any Federal grant or loan, the entering into of any cooperative agreement, and the extension, continuation, renewal amendment, or modification of Federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, Contractor shall complete and submit standard fonn-LL,L, "Disclosure Form to Report Lobbying", in accordance with its instructions. (b) The Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers and that all subcontractors shall certify and disclose accordingly. Page 38 REQUEST FOR PROPOSALS: CITY OF WEST COPINA (c) The Bidder/Contractor shall require that the language of this certification be included in any subcontract exceeding $100,000.00 at any tier and that any such subcontractor shall certify and disclose accordingly. 17.0 INTEREST OF MEMBERS OF, OR DELEGATES TO, CONGRESS In accordance with 18 USC Section 431, no member of, or delegates to, the Congress of the United States shall be admitted to a share or part of this Contract or to any benefit arising there from. 18.0 CONFLICTING INTERESTS If any employee of the City of West Covina, or any person related within the third degree of consanguinity or second degree of affinity to a City of West Covina employee has directly or indirectly any financial interest in or has sought any financial gain from this bid or contract, bidder shall disclose to the Contracting Officer the interest or potential gain and the relationship before contract award or as soon as the bidder could with diligence have learned of the interest or seeking of gain; failure to comply with this disclosure requirement will constitute a default and major breach of contract by the bidder if awarded the contract. No City of West Covina employee nor any person related within the third degree of consanguinity or second degree of affinity to a member of the City of West Covina city council or to a City of West Covina employee shall have any financial interest in or seek any financial gain from, any contract to which City of West Covina is a party and in which the related employee plays a role in selection, award, or administration. 19.0 DEBARRED BIDDERS The Contractor, including any of its officers or holders of a controlling interest, is obligated to inform the Recipient whether or not it is or has been on any debarred bidder's list maintained by the United States Government. Should the Contractor be included on such a list during the performance of this project, it shall so inform the Recipient. Page 39 REOUEST FOR P.ROPOSALS: CITY OF WEST COVINA ATTACHMENT 2 CITY OF WEST COVINA TRANSIT CONTRACT Page 40 REOUEST FOR PROPOSALS. CITY OF W.E,ST COVINA ATTACHMENT 3 CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS The Primary Participant (primary bidder), certifies to the best of its knowledge and belief, that it and its principals: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or contract under a public transaction; violation of Federal or State antitrust or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or Local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and 4) Have not within a three-year period preceding the application/proposal had one or more public transaction (Federal, State, or Local) terminated for cause or default. If the Primary Participant is unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification. THE PRIMARY PARTICIPANT CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO. The undersigned chief legal counsel for the Signature and Title of Authorized Official Hereby certifies that the has authority under State and local law to comply with the subject assurances and that the certification above has been legally made. Signature of Applicant's Attorney Date Page 41 REQUEST FOR PROPOSALS: CITY OF WEST COVINA ATTACHMENT 4 CERTIFICATION OF LOWER TIER PARTICIPANTS REGARDING DEBARMENT, SUSPENSION, AND OTHER INELIGIBILITY AND VOLUNTARY EXCLUSION The Lower Tier Participant (sub-contractor), certifies by submission of this proposal that neither it is nor its principals are presently debarred, suspends proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. If the Lower Tier Participant is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this proposal. THE LOWER TIER PARTICIPANT CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO. The undersigned chief legal counsel for the Signature and Title of Authorized Official Hereby certifies that the has authority under State and local law to comply with the subject assurances and that the certification above has been legally made. Signature of Applicant's Attorney Date Page 42 REQUEST FOR PROPOSALS: CITY OF WEST COVINA ATTACHMENT 5 CERTIFICATION OF RESTRICTION ON LOBBYING The undersigned certifies, to the best of his/her knowledge and belief that, No Federal appropriated funds have been or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into the cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than the Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award Documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loan, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of the fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Executed this day of , 2004 Company Name: By, (signature of company official here) Name and Title of Company Official Page 43 REOUEST FOR PROPOSALS: CITY OF 'WEST COVINA ATTACHMENT 6 BUY AMERICA CERTIFICATE Certificate of Compliance with Section 165 (a) The bidder hereby certifies that it will comply with the requirements of section 165 (a) of the Surface Transportation Assistance Act of 1982, as amended, and the applicable regulations in 49 CFR part 661. Date: Signature Company Name Title Certificate of Non-Compliance with Section 165 (a) The bidder hereby certifies that it cannot comply with the requirements of section 165(a) of the Surface Transportation Assistance Act of 1982, as amended, but it may qualify for an exception to the requirement pursuant to Section 165(b)(2) or 165(b)(4) of the Surface Transportation Assistance Act of 1982 and regulations in 49 CFR 661.7 Date: Signature Company Name Title Page 44 REQUEST FOR PROPOSALS: CITY OF WEST COVINA ATTACHMENT 7 BID PROTEST PROCEDURES Under certain circumstances, an interested party to a procurement may protest to the City the award of a contract that may or may not involve the direct application of funds from the Federal Transportation Administration (FTA). The mere fact that the City is a recipient of federal funds cannot be construed as evidence of FTA's involvement in a particular procurement. These procedures are intended to insure that valid complaints are properly handled and responded to. Spurious bid protests may be subject to civil proceedings for the recovery of compensatory and/or punitive damages. Detailed below are the City's Bid Protest Procedures and instructions for, when applicable, obtaining the bid protest procedures of FTA. A. City Level Protest Procedures - General Conditions 1. The City's review of any protest will be limited to: a. Violations of State or Local laws or regulations. Violations of Federal laws or regulations shall be under the jurisdiction of FTA. b. Violations of the City's purchasing procedures. c. Violations of the City's protest procedures or failure to review a complaint or protest. 2. Protests must be filed with the City's Project Manager within three days of the RFP opening or closing date for the receipt of RFPs if the protest is based on: Restrictive or severely defective specifications. Defective specifications must represent a material weakness that affords an undue advantage to one bidder over another. Improprieties in any type of solicitation that are apparent prior to bid opening or closing date for bids. Protests must be filed with the City's Project Manager within three days of the award of a contract arising from an Invitation for Bid or Request for Proposal if the protest is based on: a. The City's failure to adhere its purchasing procedures. b. The City's failure to adhere to its procedures. 4. The initial protest filed with the City shall: a. Include the name, address and telephone number of the protestor. b. Identify the number of the solicitation contract. Page 45 REQUEST FOR PROPOSALS: CITY OF WEST COVINA C. Contain a statement of the grounds for protest and any supporting documentation. The grounds for the protest must be supported to the full extent feasible. Additional materials in support of an initial protest will be considered only if filed within the time limits specified in paragraph "C" below. d. Indicate the ruling or relief desired from the City. 5. No formal briefs or other technical forms of pleading or motion are required, but a protest and other submissions should be concise, logically arranged, clear and legible. B. Time for Filing Protests shall be filed within the specified limits set forth in the specifications, which are the subject of the procurement and must adhere strictly to any procedures specified therein. The time period established for the filing of protests as set forth in all such specifications will be controlling and will take precedence over a time period established herein. Protests must be filed within the time limits set forth in paragraphs "Al" and "A2" above in order to be construed as timely. If the requirements and scope of work, which are the subject of a particular procurement, set forth a different period for filing a protest, then the provisions of paragraph "1" above will apply. A protest may be considered, even if the initial filing is late in the following circumstances • Good cause based on a compelling reason beyond the protestor's control, whereby the lateness is due to the fault of the City in the handling of his/her protest submission. • The City determines the protest-raised issues significant to a procurement practice or procedure. • The City is directed by FTA to either consider or reconsider protest. • A court of competent jurisdiction invites, expects, or otherwise expresses interest in the agency's decision. C. Time for Submission of Additional Information Any additional information requested or required by the City from the protestor or interested parties shall be submitted as expeditiously as possible, but in no case later than five (5) days after the receipt of such request unless specifically excepted by the City. D. Confidentiality Materials submitted by a protestor will not be withheld from any interested party outside of The Agency or from of information is permitted or required by law or regulation. If the protestor considers that the protest contains proprietary material which should be withheld, a statement advising of this fact may be affixed to any Government agency which may be involved in the protest, except to the extent that the withholding the front page of, the protest document and the alleged proprietary information must be so identified wherever it appears. E. Furnishing of Information of Protests Page 46 REQUEST FOR PROPOSALS: CITY OF WEST COVINA The City shall, upon request, make available to any interested party information bearing on the substance of the protest which has been submitted by the protestor or interested parties except to the extent that withholding of information is permitted or required by law or regulation. Any comments thereof shall be submitted within a maximum of ten (10) days. F. Withholding of Award When a protest has been filed before the contract award, the City will not make an award prior to the resolution of the protest. When a protest has been filed before the opening of bids, the City will not open bids prior to the resolution of the protest. When a protest has been filed after the award of a contract and prior to the resolution of the protest, the City will notify the Contractor to suspend activity unless the City determines that: 1. The items to be procured are urgently required; or Delivery or performance will be unduly delayed by failure to either make the award promptly or to continue with the procurement; or 2. Failure to make prompt award or to continue with the procurement will otherwise cause undue hardship to the City or other Local, State or Federal Governments. G. Protest Review - Level One Upon receipt of a protest, the City of West Covina City Manager will create an ad hoc Protest Review Panel to review all relevant materials associated with the protest. The Panel shall be comprised of two representatives of the City appointed by the City Manager. The Panel shall determine the validity of the protest and what actions will be taken. 2. The Panel will be directed to prepare a report within fifteen (15) days. The Panel will notify the protestor and any interested parties of their findings, actions and of the procedures for requesting reconsideration. The report shall include the following: • Copies of all relevant bids; • A copy of the Invitation for Bid or Request for Proposal including pertinent provisions of the specifications; • A copy of the abstract of bids; • Any other documentation that pertains to the protest including correspondence with the bidders; and • A statement by the City explaining its actions and the reasons for them. 3. A conference on the merits of the protest with members of the panel may be held at the request of the protestor. The request for a conference should be made in a timely manner so as not to interfere with the resolution of the protest and not later than twenty (20) days after the initial protest was filed. H. Protest Review - Level Two I. Reconsideration of a decision by the City may be requested by the protestor or any interested party. The request for reconsideration shall contain a detailed statement of the Page 47 REQUEST FOR PROPOSALS: CITY OF WEST COVINA factual and legal grounds upon which reversal or modification is deemed warranted specifying any errors of law made or information not previously considered. 2. The request for the reconsideration of the Protest Review Panel's decision shall be filed not later than ten (10) days after the Panel issues its written report and shall be filed with the City of West Covina City Manager. The protest shall not be considered pending during the ten (10) day period specified in this paragraph. 3. Upon receipt of the request for reconsideration, the City of West Covina City Manager shall schedule an informal administrative hearing with the protestor and the Protest Review Panel. The hearing shall be filed not later than fifteen (15) days after the receipt of the request for reconsideration. 4. The City of West Covina City Manager shall issue in writing the City's final determination of the reconsidered protest within five (5) days of the administrative hearing. I. Effect of Judicial Proceedings The City may refuse to decide any protest where the matter involved is the subject of litigation before a court of competent jurisdiction or has been decided on the merits by such a court. The foregoing shall not apply where the court requests, expects or otherwise expresses interest in the City's decision. Page 48 REQUEST FOR PROPOSALS: CITY OF WEST COVINA ATTACHMENT 8 CITY OF WEST COVINA TRANSIT SAMPLE OPERATIONS REPORTS Available upon request. Page 49 REQUEST FOR PROPOSALS: CITY OF WEST COVIK4 ATTACHMENT 9 INCUMBENT CONTRACTOR WAGES AND BENEFITS LEVELS Available upon request. Page 50 REQUEST FOR PROPOSALS: CITY OF WEST COVINA APPENDIX A NATIONAL TRANSIT DATABASE (NTD) REPORTING REQUIREMENTS Available upon request. Page 51 REQUEST FOR PROPOSALS: CITY OF WEST CO MIA APPENDIX B CITY OF WEST COVINA FEDERAL DRUG AND ALCOHOL TESTING REGULATIONS CONTRACTOR COMPLIANCE GUIDELINES Page 52 REQUEST FOR PROPOSALS: CITY OF WEST COVINA APPENDIX C CITY OF WEST COVINA TRANSIT FLEET ROSTER Page 53 REQUEST FOR PROPOSALS: CITY OF WEST COVINA APPENDIX D CITY OF WEST COVINA TRANSIT Public Timetable/Service Brochure Page 54 1?EOUEST FO.R PROPOSALS: CITY OF WEST CO I'll VA APPENDIX E COST SUMMARY MATRIX Fiscal Year 2013-2014 Fiscal Year 2014-2015 Fiscal Year 2015-2016 Fixed-route Cost per Revenue Hour Multiply by Estimated Revenue Hours x 11,650 Fixed-route TOTAL Dial-A-Ride Cost per Revenue Hour Multiply by Estimated Revenue Hours x 7,600 DAR TOTAL Multiply by Estimated Revenue Hours x 19,250 GRAND TOTAL BY FISCAL YEAR All pricing must comply with the City's fiscal year calendar (i.e., July 1 -June 30). Page 55 REQUEST FOR PROPOSALS: CITY OF WEST COVINA APPENDIX F WEST COVINA TRANSIT DAR SERVICE AREA MAP Page 56 Attachment 10 OEST'COMQ statement of Non Collusion by Contractor The undersigned who submits herewith to the City of West Covina a bid or proposal does hereby certify: a. That all statements of fact in such bid or proposal are true; b. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; c. That such bid or proposal is genuine and not collusive or sham; d. That said bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of West Covina or of any other bidder or anyone else interested in the proposed procurement; e. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal; f. Did not in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else; g. Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of West Covina, or to any person/ persons who have a partnership or financial interest with said bidder in his business. h. Did not provide, directly or indirectly to any officer or employee of the City of West Covina any gratuity, entertainment, meals, or anything of value, whatsoever, which could be objectively construed as intending to invoke any form of reciprocation or favorable treatment. i. That no officer or principal of the undersigned firm is related to any officer or employee of the city by blood or marriage within the third degree or is employed, either full or part time, by the City of West Covina either currently or within the last year. That no officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any state or federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years. I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed: On at Firm Street California. (Signature) (Print Name & Title) City State Zip Attachment ii AGREEMENT FOR INDEMNIFICATION BY CONTRACTOR/VENDOR The City of West Covina requires contractors and suppliers of service to the City to indemnify and hold the City of West Covina harmless for claims or losses arising from or in connection with the contracting party's work for the City of West Covina before a purchase order is issued. To eliminate misunderstandings between contracting parties and the City in case of a claim or lawsuit, the City of West Covina requires that contracting parties who perform services for the City sign this Agreement. This Agreement will act as and become a part of each contract/purchase order between the City of West Covina and the contracting parties signing the Agreement. In consideration of the opportunity of doing work for the City of West Covina and benefits to be received thereby, the contracting party agrees as follows: I. That where a contract, purchase order or confirming order is issued by the City of West Covina awarding a contract, this Agreement is to be considered part of that contract. 2. Contractor agrees to indemnify the City of West Covina and any officer, employee or agent, and hold the City of West Covina and any officer, employee or agent thereof harmless from any and all claims, liabilities, obligations and causes of action of whatsoever kind or nature for injury to, or death of, any person (including officers, employees and agents of the City of West Covina), resulting from any and all actions or omissions of contractor or contractor's employees, agents or invitees, or any subcontractor of contractor or any of such subcontractor's employees, agents or invitees. 3. That the contracting party specifically waives the benefits and protection of Labor Code Section 3864 which provides, "If an action as provided in this chapter is prosecuted by the employee, the employer, or both jointly against the third person results in judgment against such third person or settlement by such third person, the employer shall have no liability to reimburse or hold such third person harmless on such judgment or settlement in the absence of a written agreement so to be executed prior to the injury." This waiver will occur as to any contracts awarded by the City of West Covina to the contracting party to this Agreement while this Agreement is in force. 4. That this Agreement has been signed by an authorized representative of the contracting party, and such representative has the authority to bind the contractor/vendor to all terms and conditions of this Agreement. 5. That this Agreement shall be binding upon the successors and assignees of the contracting party to any contract with the City of West Covina. As a condition precedent to acceptance, and contracts from the City of West Covina and contracting party agree to advise its successors or assignees of this Agreement and to obtain their consent to its writing before the work of the representative successor or assignees begin; such assignment shall be effective with the written consent of the City of West Covina. 6. To promptly notify the City of West Covina of any change in ownership of the contracting party while this Agreement is in force. 7. In the event that this Agreement, contract, or purchase order is entered into with the West Covina Community Development Commission, wherever the term "City of West Covina" is indicated, it shall also be applicable to the West Covina Community Development Commission. This Agreement cannot be modified or changed without the express written consent of the City Attorney of the City of West Covina. On behalf of (Name of ContractorNendor) (Address) I agree to the terms of this Agreement. Signature Title .11111111. & associates Attachment No. 2 '28159 avenue stanford, suite 110 valencia, ca 91355 888.743.5977 : p 661.253.1208 : f www.moore-associates.net to: Chris Freeland from: Jim Moore re: City of West Covina Transit Operations Procurement date: June 21, 2013 On May 6, 2013, Moore & Associates assisted City staff in facilitating a prebid conference in support of the captioned project. A copy of the prebid agenda, sign-in sheet, and minutes are attached. Subsequent to the prebid conference, Moore & Associates assisted City staff in developing responses to questions received from prospective bidders in advance of the May 13, 2013 deadline. A copy of the responses is attached. Subsequent to the May 16, 2013 proposal deadline, Moore & Associates staff reviewed Technical and Cost Proposals (submitted separately) from three bidders: First Transit, MV Transportation, and Southland Transit. City staff also reviewed said proposals. The Technical Proposals were read and ranked before opening the associated Cost Proposals. Attached is a sample of the Evaluation Matrix which includes both evaluation criteria and respective criteria "weighting" factor. Following review of the Technical Proposals, Moore & Associates ranked the bids (first to last) in the following order: First Transit, MV Transportation, Southland Transit. On June 5, 2013, Moore & Associates staff met with City staff for interviews of the three bidders. (Bidder interviews were conducted in alphabetical order based on bidder name.) Each bidder was sent a letter by the City on May 29, 2013 advising the scope, format, and desired project team attendance. All three bidders accepted the City's interview invitation. Prior to the interview date, Moore & Associates worked with City staff in preparing a list of questions specific to each bidder. Following the ranking of the Technical Proposals, City staff and Moore & Associates opened the Cost Proposals (details of which are contained within the West Covina City Council agenda report). Based on the combined Technical Proposals, Cost Proposals, and interviews, the evaluation panel agreed to the following ranking: MV Transportation, First Transit, Southland Transit. During the interviews each bidder was asked if it would guarantee (in writing) the following: the proposed project team would remain in place for a period of not less than three years (the initial term of the proposed contract) and the annual cost cited in its Cost Proposal would remain firm (for at least three years). Each bidder was also advised of the City's intent to stipulate a productivity standard specific to its Dial-A- Ride. (The intent of the proposed standard is to ensure the City's recent increase in Dial-A-Ride service productivity does not decline in the event of a change in transit operations contractor.) All three bidders expressed a willingness to provide the requested written warranties. Based on a combination of its Technical Proposal, Cost Proposal, and interview, Moore & Associates concluded that MV Transportation would provide the best value for the City (reflective of those services described within the City's Transit Operations RFP). MV Transportation received positive client references, proposed a new alternative fuel fleet which meets or exceeds the requirements of the City's RFP, and offered the lowest annual cost. Further, during its interview, the responses provided by MV's staff were superior in scope and specificity to those provided by the other two bidders.