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08-12-2014 - Regular meeting, July 22, 2014 - No. 1.pdfUNOFFICIAL MINUTES AGENDA DATE: August 12, 2014 ITEM NO.: 1 MINUTES REGULAR MEETING OF THE PLANNING COMMISSION CITY OF WEST COVINA Tuesday, July 22, 2014 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: Cardinale, Anderson, Hernandez, Garcia and de Zara APPROVAL OF MINUTES: 1. Regular meeting, June 24, 2014 — Motion by Blackburn, seconded by Valles, to approve the minutes as presented. Motion carried 5-0. OTHER MATTERS OR ORAL COMMUNICATIONS None PUBLIC HEARINGS 2. CONDITIONAL USE PERMIT NOS. 14-09 THROUGH 14-10 ADMINISTRATIVE USE PERMIT NOS. 14-15 THROUGH 14-16 SUBCOMMITTEE FOR DESIGN REVIEW NOS. 14-16 THROUGH 14-17 CATEGORICAL EXEMPTIONS APPLICANT: April Tormillo, Taylor Morrison of California LLC LOCATION: Vacant lots, 1212 and 1214 Inspiration Point REQUEST: The applicant is proposing to construct two new single-family houses on two existing lots in the South Hills area. Each lot is a legal lot of record with an address. The applicant is requesting approval of Conditional Use Permits for the size of the houses; and Administrative Use Permits for the two-story houses and balconies. Associate Planner Ron Garcia presented the staff report. During his presentation, Mr. Garcia said the applicant had acquired several legal lots and would be requesting entitlements for large homes and construction in phases. ZAPLANCOM\MINUTES12014 MINUTESI7.22.14 minutes.doe Planning Commission Minutes Page 2 — July 22,2014 During his presentation, Mr. Garcia explained the architectural style, size, amenities, parking and floor plans proposed for each home. He also said the Subcommittee for Design Review had reviewed the proposed homes. Chairman Menefee opened the public hearing. PROPONENT: April Tomillo, representing Taylor Morrison of California, LLC spoke in favor of the project. She also said she was present to answer any questions by the Commission. Commissioner Holtz asked how they selected the lots to be developed. Ms. Tornillo said these lots were chosen because of the view and landscaping. Commissioner Valles asked about the size of the garages and expressed her concern that there wouldn't be sufficient parking for homes of this size. Commissioner Castellanos asked if any energy-efficient features would be included in the homes. OPPONENTS: No one spoke in opposition to this project. Chairman Menefee closed the public hearing, Planning Director Jeff Anderson spoke about the phasing and construction of the project. Commissioner Holtz said he was happy that construction would finally be taking place on these lots and expressed his support of the project. Commissioners Blackburn and Castellanos concurred with Commissioner Holtz. Chairman Menefee said he also supported the project. Motion by Blackburn, seconded by Holtz, to adopt Resolution No, 14-5620 approving Conditional Use Permit No. 14-09. Motion carried 5-0. Motion by Blackburn, seconded by Holtz to adopt Resolution No. 14-5621 approving Conditional Use Permit No. 14-10. Motion carried 5-0. Motion by Blackburn, seconded by Holtz, to adopt Resolution No, 14-5622 approving Administrative Use Permit No. 14-15. Motion carried 5-0. Motion by Blackburn, seconded by Holtz, to adopt Resolution No. 14-5623 approving Administrative Use Permit No. 14-16. Motion carried 5-0. Motion by Blackburn, seconded by Holtz, to approve Subcommittee for Design Review Nos. 14-16 and 14-17. Motion carried 5-0. ZAPLANCOM\MINUTES120 14 MINUTES17.22.14 minutes.cloc Planning Commission Minutes Page 3 — July 22, 2014 3. CODE AMENDMENT NO. 14-03 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 as it pertains to prohibiting medical marijuana dispensaries. Planning Director Jeff Anderson presented the staff report. There was a discussion by the Commission regarding medical transport businesses, the Compassionate Care Act, the process to acquire a permit to transport medical marijuana to patients, the process to identify patients and caregivers and the federal law, which still prohibits the transport and use of marijuana. Chairman Menefee opened the public hearing. No one spoke in favor of, or in opposition to, the proposed code amendment. Chairman Menefee closed the public hearing. There was a discussion by the Commission regarding the Business License section of the Municipal Code, which prohibits the licensing of medical marijuana dispensaries because they are unlawful businesses. Deputy City Attorney Chris Cardinale said the use of marijuana is still unlawful under federal law therefore rendering medical marijuana dispensaries unlawful businesses that can't be licensed by the city. Commissioner Holtz asked if there was a license or application process to allow medical transport businesses to legally transport marijuana to patients. He also asked if there was a limit in the amount of marijuana that could legally be transported. Deputy City Attorney Cardinale said that transporting marijuana is still illegal but defendants could use the fact that they were transporting medical marijuana to patients as a defense. Mr. Cardinale spoke about the State of California medical marijuana law and how it operates. There was also a discussion regarding medical transport businesses. Mr. Cardinale said that the State of California had already decriminalized marijuana, and the proposed code amendment and the proposed code is compliant with State law. Commissioner Blackburn asked about dispensaries allowed in other cities and expressed his concern that the federal government could begin enforcing federal law in California. There was further discussion regarding what is allowed under State law and making the City code compliant with those provisions. Chairman Menefee said he would prefer to make the violation of the code a felony rather than a misdemeanor. ZAPLANCOMIMINUTES12014 MINUTES17.22.14 minutes.doc Planning Commission Minutes Page 4 — July 22, 2014 Mr. Cardinale said this code amendment would prohibit the use and distribution of marijuana to the extent cities are allowed to regulate it. At the conclusion of the discussion, Commissioner Holtz expressed his support of the proposed code amendment. Motion by Holtz, seconded by Castellanos, to adopt Resolution No. 14-5624 recommending to the City Council, approval of Code Amendment No. 14-03. Motion carried 5-0. NON-HEARING ITEMS - None CONTINUATION OF ORAL COMMUNICATIONS Irene Fleck spoke to the Commission regarding comments made by Mayor Herfert at the last City Council meeting regarding the Brandywine Project on Holt Avenue. She expressed her concern regarding the issues brought up by Mayor Herfert. She urged the Commission to carefully consider circulation issues, public safety access and trash enclosures when considering high-density residential projects. COMMISSION REPORTS/COMMENTS AND MISCELLANEOUS ITEMS Chairman Menefee said there are two meetings scheduled in August. Commissioner Holtz spoke about the grand opening at Hobby Lobby and also commented that Applebee's is closed. Commissioner Valles said there are two new donation drop boxes in the area and asked if they were permitted. She was advised to contact Community Enhancement regarding this matter. PLANNING DIRECTOR'S REPORT: Project Status Report — July 2014 5. CITY COUNCIL ACTION: July 15, 2014— Award of Bid for the General Plan Update. August 19, 2014 — Appeal of Planning Commission approval for Conditional Use Permit No. 14-07, 2505 E. Garvey Avenue No., Sage Motorsports Lotus Dealership. ADJOURNMENT Chairman Menefee adjourned the meeting at 7:55 p.m. ZAPLANCOM WINUTES120 14 MINUTES17,22.14 minutes.doc AGENDA ITEM NO. 2 DATE: August 12, 2014 PLANNING DEPARTMENT STAFF REPORT TENTATIVE PARCEL MAP NO. 72728 VARIANCE NO.14-01 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Tracey Raszewski for Hoike, LP LOCATION: 243 North Lang Avenue (APN 8458-027-034) I. DESCRIPTION OF APPLICATION The project consists of a request for the approval of a tentative parcel map to subdivide one 16,249-square foot parcel into two parcels as follows: Parcel 1 (8,141 square feet) and Parcel 2 (8,108 square feet). The two-lot subdivision is being requested to facilitate the construction of 2 single family residences on the site. The applicant is requesting approval of a variance to allow for deviation from a development standard including minimum lot width requirements. The project is located in the "Single-Family Residential" (R-1) Zone, Area District I. Staff is recommending approval of the subdivision and construction of 2 single-family homes. ZACase Files\TENTATIVE PARCEL MAP12014 72728 243 N Lang1PCIStaff Repoitdoc TPM 72728, Variance No. 14-01 243 North Lang Avenue (APN 8458-027-034) August 12, 2014 Page 2 II. BACKGROUND The project site consists of two ancillary buildings located on the southern portion of the site. One is a former two-story walnut-processing shed and the other is a one-story shed that served as a garage for automobiles or farm equipment. The buildings are remnants from agricultural operations that once occupied the surrounding area. The buildings were constructed between 1926 and 1952. These buildings are vacant and will be demolished to accommodate the proposed development. A single-family residence located to the north of the site will remain while its canopy, pool, and deck (which cross the northern property line) will be removed The applicant mailed an information package to owners and occupants of properties located within 300 feet of the subject site in November of 2013, to inform the surrounding neighbors of their proposal of the two-lot subdivision to facilitate the construction of 2 single family residences on the site. ITEM ZON'I( '.\ I) GFNERAI, IIL kN I)ES RIP 11O "Single Family Residential" (R-1) and Residential Low Medium SURMA 1\ DI V; LAND USES kND ZONIN G North: "Single-Family Residential" (R-1); Single-family dwellings South: "Single-Family Residential" (R-1); Single-family dwellings East: "Single-Family Residential" (R-1); Single-family dwellings West: "Single-Family Residential" (R-1); Single-family dwellings CIJRR I N I --DTATI ,0 l'A IFNI Two-Story Shed, and a Single Story Shed 243 North Lang Avenue (APN 8458-027-034) LC ‘I NO I ii I] Notices of Public Hearing have been mailed to 50 owners and occupants of properties located within 300 feet of the subject site. ZACase Files \TENTA'rIVE PARCEL MA1312014172728 243 N Latig\PCIStaff Report.doc TPM 72728, Variance No. 14-01 243 North Lang Avenue (APN 8458-027-034) August 12, 2014 Page 4 Tentative Parcel Map The Municipal Code establishes a minimum lot size, lot depth and lot width, for lots in the "Single-Family Residential" (R-1) Zone. Additionally, the City is separated into various area districts that also determine required lot size and dimensions. The proposed parcels are located in Area District I. Therefore, the minimum lot size is 7,500 square feet, the minimum lot depth is 105 feet and the minimum lot width is 60 feet. The parcels exceed the minimum lot size requirement of 7,500 square feet and the minimum lot depth of 105 feet. However, the parcels do not comply with the minimum width standards of 60 feet and will require the approval of a variance. This is discussed further in the variance section of this staff report. Parcel 1 and Parcel 2 are both rectangular-shaped lots and both lots exceed the minimum lot sizes required for the area district in which they are located. Conditions of approval have been included in the resolution requiring the applicant to underground all utilities and construct a sidewalk with trees along Lang Avenue as directed by the City, and to reconstruct all damaged concrete curbs and gutter per City standards. Pronosed Sinele-Familv Homes The dwelling units would be one story with an attached two-car garage. The units are designed to provide a total of four parking spaces each. Two covered parking spaces will be provided in an enclosed attached garage and two uncovered parking spaces on the driveway. The proposed residential units include tanldess 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. The project proposes two architectural design types — Craftsman and Traditional. The Craftsman design incorporates a gable roof design while the Traditional design incorporates a hip and gable roof design, The roof will provide a maximum roof overhang of 12 inches. The roof materials for the units will consist of flat concrete tiles. Features for the "Craftsman" style include board and batt siding at the gable roof pitch, stucco exterior, stone fascia, wood window shutters, decorative recessed mounted wood trim grid windows, and exposed wood outlookers. Features for the "Traditional" style include hardy plank siding on the front elevation, stucco finish on the side and rear elevations, wood window shutters, wood potshelf, and decorative wood mounted trim grid windows. The project proposes one floor plan for the two units. The floor plan consists of a total square footage of 2,576 square feet, including an attached 440-square foot garage. The interior layout would provide four bedrooms, laundry room, three baths, an entry area, a great room, and kitchen. ZACase Files\TENTATIVE PARCEL MAP \2014 172728 243 N Lang1PCIStaff Report.doc TPM 72728, Variance No. 14-01 243 North Lang Avenue (APN 8458-027-034) August 12,2014 - Page 5 Variance As stated above, the two proposed lots do not comply with the minimum width standards (60 feet) of the Municipal Code for lots located in Area District I of the "Single-Family Residential" (R-1) Zone. The lots have widths of 56.73 for Parcel 1 and 56.74 for Parcel 2. While most of the lots in the vicinity do comply with the minimum width requirements (ranging from 65 feet to 120 feet in width) there are three lots in the vicinity that have a similar width as the proposed lots. These lots include the lots directly to the west and the lot two lots north of the subject property. The applicant is therefore requesting a variance from lot width standards of 3.27 for lot 1 and 3.26 for lot 2 where a 60-foot lot width is required. SUBCOMMITTEE FOR DESIGN REVIEW Pursuant to Section 26-418 of the West Covina Municipal Code, all of the proposed houses require review by the Planning Commission Subcommittee for Design Review (Subcommittee). Review of Subcommittee Guidelines The Subcommittee will review the proposal on August 12, 2014 prior to the Planning Commission hearing. The following is a discussion of Subcommittee Guidelines for new single-story additions: 1, Design the house so that all setbacks have been met. The lots include one-story houses. The houses are in compliance with all setback requirements 2. Design the front and any other visible elevations especially corner houses with a variety of materials. Most houses have the exterior elevations that are primarily stucco. Providing an alternative material such as stone, wood (or simulated wood product) or brick will provide a more aesthetic elevation. (Where alternative material is at the corner, material should wrap around 24 inches on the side.). Features for the "Craftsman" style include board and batt siding at the gable roof pitch, stucco exterior, stone fascia, wood window shutters, decorative recessed mounted wood trim grid windows, and exposed wood outlookers. Features for the "Traditional" style include hardy plank siding on the front elevation, stucco finish on the side and rear elevations, wood window shutters, wood potshelf, and decorative wood mounted trim grid windows. ZACaseFilcs\TENTATIVE PARCEL MA1112014\72728 243 N Lang\PC1 Staff Report.doc TPM 72728, Variance No. 14-01 243 North Lang Avenue (APN 8458-027-034) August 12, 2014 Page 6 3. Design the house to fit into the architectural context of the surrounding neighborhood. The proposed houses are in a neighborhood that is primarily one-story houses. The proposed houses will be architecturally consistent with the houses in vicinity. 4. Front porch rooflines should be lower in height than the main portion of the roof. The proposed houses include a lower height than the main portion of the roof 5. Window treatment on windows are encouraged including stucco popouts, wood trim, potshelves, shutters, recessed windows, etc. or provide a variety of window types (bay windows, octagonal windows, other shapes, etc.) Consider painting window treatment in contrasting color to the house. Window treatment for the "Craftsman" style includes wood window shutters, decorative recessed mounted wood trim grid windows, and exposed wood outlookers. Window treatment for the "Traditional" style includes wood window shutters, wood potshelf, and decorative wood mounted trim grid windows. 6. Provide the City-owned parkway width for the strip of property between the private property and the street. (This area is to allow for sidewalks or the widening of the street.) The parkway width for the subject properties is 11 feet. 7. A water heater enclosure should be constructed to match the colors and materials of the house. (Especially for water heaters added outside of the house located on a corner lot.) The houses include tankless water heaters in the garage 8. If the roof pitch is being raised, consider designing the new pitch to allow the attic space to accommodate a central air conditioning/heating system. The proposed roof heights allow space to accommodate a central heating system for the houses. Air conditioning units are proposed at the rear of the houses. 9. Landscaping that is removed or destroyed during the construction process shall be replaced prior to final inspection. A final landscape and irrigation plan are required per the conditions of approval. ZACase Files1TENTATIVE PARCEL MA13\2014172728 243 N Lang\PCIStaff Report.doc TPM 72728, Variance No, 14-01 243 North Lang Avenue (APN 8458-027-034) August 12, 2014 Page 7 10. In an area that is predominantly developed with rear-entry garages, no garage doors should be installed on the front of the house, which is the norm in the area. The proposed houses propose front entry garages. Conclusion The project is proposed in an area of the City that is comprised primarily of single-family residential homes. The site includes two existing ancillary shed buildings, which are accessory to the house at 243 N Lang Avenue. The addition of two single-family lots is compatible with neighboring properties, primarily those directly west of the site. The proposed project meets or exceeds development standards with the exception of lot width for the two parcels. However, as the proposed lots comply with lot depth and lot size standards, staff feels the reduction in lot width is consistent with the intent of the Municipal Code. The proposed homes to be constructed are designed similar in nature to the homes in the neighborhood in that they are all single story and provide varying setbacks. 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 \TENTATIVE PARCEL MA13\2014172728 243 N Lang\PC\Staff Report. doe TPM 72728, Variance No. 14-01 243 North Lang Avenue (APN 8458-027-034) August 12,2014 -Page 8 VI. STAFF RECOMMENDATION Staff recommends that the Planning Commission adopt resolutions approving Tentative Parcel Map No. 72728 and Variance No, 14-01. 400 RED BY _4110 on Garcia Planning Associate REVIEWED AND APPROVED: Attachments: Attachment 1 - Mitigated Negative Declaration Resolution Attachment 2 — Tentative Parcel Map Resolution Attachment 3 —Variance Resolution Attachment 4 —Compact Disc of the Initial Study/Mitigated Negative Declaration (Available for review by the public at the Library, Police Department, City's Website- Planning Department Page) Attachment 5 —Plans (Available for review by the public at the Library, Police Department, and Planning Department) ZACase Files1TENTATIVE PARCEL MA1'12014172728 243 N Lang\PC1 Staff Report.doc Planning Commission Resolution No. Mitigated Negative Declaration for TPM 72728, Variance 14-01 August 12, 2014 —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 outlined below: Environmental Impacts Mitigation Measures Monitoring Dept./Agency Monitoring Methods Cultural Prior to issuance of demolition permits, Planning On-site Resources further photo-recordation and scaled mapping of the buildings, including both the exterior and the interior, shall be submitted to the City Planning Director in supplement to the historical and architectural documentation completed by Department, Building Division construction inspection CRM Tech. Prior to the issuance of demolition permits, the Applicant shall file permanent curation of the mitigative recordation at South Central Coastal Information Center (SCCIC), the local history collection of the West Covina Library, the West Covina Historical Society, and the Hurst Ranch Historical Center for easy public access. The Applicant shall conduct further consultation with the West Covina Historical Society (336 S. Glendora Avenue, West Covina; 626-919-2580) and the Covina Valley Historical Society (300 N. Valencia Place, Covina; 626-332- ZACase Files\TENTATIVE PARCEL MA1312014\72728 243 N Lang\PC\Neg Dec Reso.doc Planning Commission Resolution No. Mitigated Negative Declaration for TPM 72728, Variance 14-01 August 12, 2014 - Page 3 9523) to ascertain local community interest in possibly salvaging representative elements of the buildings and any surviving equipment they may contain for long-term preservation prior to the issuance of demolition permits. Prior to excavation and construction of the project site, the prime construction contractor(s) shall be cautioned on the legal and/or regulatory implications of knowingly destroying cultural resources or removing artifacts, human remains, bottles and other cultural materials from the project site. A signed statement of understanding shall be provided to the City Planning Director prior to issuance of grading permits. The applicant shall bear the cost of implementing this mitigation. If potential archaeological materials are uncovered during grading or other earth moving activities, the contractor shall notify the City Planning Department immediately, be required to halt work in the immediate area of the find and to retain a professional archaeologist to examine the materials to determine whether it is a unique archaeological resource as defined in Section 21083.2(g) of the State CEQA Statutes. If this determination is positive, the resource shall be left in place, if determined feasible by the project archaeologist. Otherwise, the scientifically consequential information shall be fully recovered by the archaeologist. Work may continue outside of the area of the find; however, no further work shall occur in the immediate location of the find until all information recovery has been completed and a report concerning it filed with the City Planning Director. The applicant shall bear the cost of implementing this mitigation. ZACase Files\TENTATIVE PARCEL MA1312014\72728 243 N Lang\PC\Neg Dec Reso.doc Planning Commission Resolution No. Mitigated Negative Declaration for TPM 72728, Variance 14-01 August 12, 2014 Page 4 If paleontological materials are uncovered during grading or other earth moving activities, the contractor shall notify the City Planning Department immediately, be required to halt work in the immediate area of the find, and to retain a professional paleontologist to examine the materials to determine whether it is a significant paleontological resource. If this determination is positive, resource shall be left in place, if determined feasible by the project paleontologist. Otherwise, the scientifically consequential information shall be fully recovered by the paleontologist. Work may continue outside of the area of the find; however, no further work shall occur in the immediate location of the find until all information recovery has been completed and a report concerning it filed with the Planning Director. The applicant shall bear the cost of implementing this mitigation. If suspected human remains are encountered during grading or other earth moving activities, the contractor shall notify the City Planning Department immediately, be required to halt work in the immediate area of the find and to notify the County Coroner, in accordance with Section 7050.5 of the California Health and Safety Code, who must then determine whether the remains are of forensic interest. If the Coroner, with the aid of a supervising archaeologist, determines that the remains are or appear to be of a Native American, he/she shall contact the Native American Heritage Commission for further investigations and proper recovery of such remains, if necessary. The applicant shall bear the cost of implementing this mitigation, nease Files\TENTATIVE PARCEL MAP12014172728 243 N Lang\PCINeg Dec Reso.doc Planning Commission Resolution No. Mitigated Negative Declaration for TPM 72728, Variance 14-01 August 12, 2014 -- Page 5 Hazards and Hazardous Materials Prior to commencement of demolition activities, the existing on-site structures shall be surveyed for the presence of asbestos containing materials (ACM) by a contractor registered with Asbestos Contractors' Registration Unit, as required by State law. Should ACM be detected, appropriate abatement measures pursuant Building Division . Fire Department construction Pre- construction plan check On-site inspection to South Coast Air Quality Management Approval of District Rule 1403 shall commence by a Closure report registered contractor at the expense of the by the Fire project proponent. Documentation certifying that ACM have been removed to satisfactory levels as required by State law shall be delivered to the Building Department Division prior to demolition of existing structures onsite. The applicant shall bear the cost of implementing this mitigation. Prior to commencement of demolition activities, the existing on-site structures shall be surveyed for the presence of lead. If lead exists in levels determined to be hazardous, such materials shall be removed by an abatement contractor prior to demolition of the buildings. Demolition debris and waste categorized as hazardous waste shall be handled, transported, and disposed of in accordance with applicable federal, state, and local laws and rules to ensure that potential impacts to health and the environment are minimized. Specifically, employees who perform trigger tasks, such as manual demolition, are required to receive employer provided training, air monitoring, protective clothing, respirators, and hand washing facilities. Standard work practices required by CCR Title 17, Division 1, Chapter 8 also include the use of wet methods and HEPA vacuums. Documentation verifying appropriate disposal of hazardous wastes shall be provided to the City Planning Director mior to issuance of building permits. The Z:\CaseFiles\TENTATIVE PARCEL MAP12014 172728 243 N Lang\PC\Neg Dec Reso.doc ATTACHMENT 2 LANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 72728 TENTATIVE PARCEL MAP NO. 72728 NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Tracey Raszewski for Hoike, LP LOCATION: 243 North Lang Avenue (APN 8458-027-034) 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 parcel map to subdivide a 16,249-square foot site into two single-family lots on that certain property described as: Assessor Parcel No. 8458-027-034, 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 12 th day of August, 2014, conduct a duly advertised public hearing as prescribed by law to consider said application; and WHEREAS, concurrent with this application a variance has been requested to allow the creation of parcels that vary from the requirements of the Municipal Code with relation to lot width; and WHEREAS, studies and investigations made by this Commission and in its behalf reveal the following facts: The applicant is requesting approval of a tentative parcel map to allow the subdivision of a 16,249-square foot site into two single-family lots for housing purposes. Appropriate findings for approval of a tentative parcel map are as follows: a. That the proposed map is consistent with applicable general and specific plans. ZACase Files\TENTATIVE PARCEL MA13\2014172728 243 N Lang\PC\TTM Reso.doc Planning Commission Resolution No. Tentative Parcel Map No. 72728 August 12, 2014 - Page 2 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. 3. 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 Parcel Map No. 72728, the Planning Commission makes the following findings: a. The proposed map is consistent with the "Residential Low Medium" land use designation of the West Covina General Plan in that the proposed residential project results in the development of residences at a density of 5.36 dwelling units per acre (overall). The "Residential Low Medium" designation allows densities of between 4.1 and 8.0 dwelling units per acre. b. The proposed design results in two lots, each of which meets the requirements of the Municipal Code for "Single-Family Residential" (R-1), Area District I Zone with the exception of lot width. Future improvements of the lots will be subject to the regulations of the West Covina Municipal Code. c. The site consists of a .37-acre lot surrounded by residential homes on all sides. Adequate provisions have been incorporated into the design to accommodate the required development standards for single-family houses. The site has access from Lang Avenue. ZACase Filc.sITENTATIVE PARCEL MAP12014\72728 243 N Lang\PCVITM Reso.doc Planning Commission Resolution No. Tentative Parcel Map No. 72728 August 12, 2014 - Page 3 d. The proposed subdivision design results in two rectangular shaped lots, each of which contains at least 56.74 feet of street frontage with adequate automobile access. There are no known topographical or biological constraints to development. Thus there are no physical constraints to development of the site, which can readily support residential development at the proposed density level. e. The site consists of a .37-acre parcel that is currently developed with ancillary shed buildings and includes several trees. There are no known endangered, threatened or rare species or habitats, or designated natural communities, wetlands habitat, or wildlife dispersal or migration corridors present on site. f. The proposed map and improvements will have access to a public sanitary sewer system for the removal and disposal of wastewater, and to other necessary utility services. The site will be developed in accordance with the standards of the Public Works Department, the Municipal Code, the Uniform Building Code and other applicable requirements. g. There are no known easements on the property that would be affected by implementation of the proposed project. Access to the site will be provided via Lang Avenue. 2. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, the tentative parcel map 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 precise plan by the Planning Commission or City Council. 3. That the tentative parcel map shall not be effective for any purpose until the owner of the property involved (or a duly authorized representative) has filed at the office of the Planning Director, his affidavit stating he is aware of, and accepts, all conditions of this precise plan and tree removal permit 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. ZACase Files\TENTATIVE PARCEL MA1312014 172728 243 N Lang\POTTM Reso.doo Planning Commission Resolution No. Tentative Parcel Map No. 72728 August 12,2014 - Page 5 m. The proposed subdivision shall conform to West Covina Municipal Code Chapter 20 - Subdivisions. n. 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 Parcel 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 Parcel Map or any improvements required for the Parcel Map. The indemnity shall be contained in a written document approved by the City Attorney. o. The applicant shall sign an affidavit accepting all conditions of this approval. P. 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 farther agrees it will cease construction of the project immediately upon written notice of a violation of such requirement and that such a provision may be part of any agreement of City and applicant. q. Comply with the mitigation measures as outlined in the Initial Study/Environmental Assessment dated June 2014 as follows: 1. Prior to issuance of demolition permits, further photo-recordation and scaled mapping of the buildings, including both the exterior and the interior, shall be submitted to the City Planning Director in supplement to the historical and architectural documentation completed by CRM Tech. 2. Prior to the issuance of demolition permits, the Applicant shall file permanent curation of the mitigative recordation at South Central Coastal Information Center (SCCIC), the local history collection of the West Covina Library, the West Covina Historical Society, and the Hurst Ranch Historical Center for easy public access. 3. The Applicant shall conduct further consultation with the West Covina Historical Society (336 S. Glendora Avenue, West Covina; 626-919-2580 and the Covina Valley Historical Society (300 N. Valencia Place, Covina; 626-332-9523) to ascertain local Community interest in possibly salvaging representative elements of the buildings and any surviving equipment they may contain for long-term preservation prior to the issuance of demolition permits. Z:\Case Files\TENTATIVE PARCEL MA13\2014172728 243 N Lang\ PC\TIM Reso.doc Planning Commission Resolution No. Tentative Parcel Map No. 72728 August 12, 2014 Page 6 4. Prior to excavation and construction of the project site, the prime construction contractor(s) shall be cautioned on the legal and/or regulatory implications of knowingly destroying cultural resources or removing artifacts, human remains, bottles and other cultural materials from the project site. A signed statement of understanding shall be provided to the City Planning Director prior to issuance of grading permits. The applicant shall bear the cost of implementing this mitigation. 5. If potential archaeological materials are uncovered during grading or other earth moving activities, the contractor shall notify the City Planning Department immediately, be required to halt work in the immediate area of the find and to retain a professional archaeologist to examine the materials to determine whether it is a unique archaeological resource as defined in Section 21083.2(g) of the State CEQA Statutes. If this determination is positive, the resource shall be left in place, if determined feasible by the project archaeologist. Otherwise, the scientifically consequential information shall be fully recovered by the archaeologist. Work may continue outside of the area of the find; however, no further work shall occur in the immediate location of the find until all information recovery has been completed and a report concerning it filed with the City Planning Director. The applicant shall bear the cost of implementing this mitigation. 6. If paleontological materials are uncovered during grading or other earth moving activities, the contractor shall notify the City Planning Department immediately, be required to halt work in the immediate area of the find, and to retain a professional paleontologist to examine the materials to determine whether it is a significant paleontological resource. If this determination is positive, resource shall be left in place, if determined feasible by the project paleontologist. Otherwise, the scientifically consequential information shall be fully recovered by the paleontologist. Work may continue outside of the area of the find; however, no further work shall occur in the immediate location of the find until all information recovery has been completed and a report concerning it filed with the Planning Director. The applicant shall bear the cost of implementing this mitigation. ZACase Files \TENTATIVE PARCEL MAP12014172728 243 N Lau-OP CUTM Reso.doe Planning Commission Resolution No. Tentative Parcel Map No. 72728 August 12, 2014 - Page 10 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 12 th day of August, 2014, by the following AYES: NOES: ABSENT: A13 STAIN: DATE: August 12, 2014 EXPIRATION DATE: August 12, 2016 if not used. Gerald Menefee, Chairman Planning Commission Jeff Anderson, AICP, Secretary Planning Commission ZACase Files\TENTATIVE PARCEL MA1'12014\72728 243 N Lang\PCGTM Reso.doc ATTACHMENT 3 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING VARIANCE NO. 14-01 VARIANCE NO. 14-01 NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Tracey Raszewski for Hoike, LP LOCATION: 243 North Lang Avenue (APN 8458-027-034) 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 variance for A reduction in lot width requirements on that certain property generally described as follows: Assessor Parcel No. 8458-027-034, 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 12 th day August, 2014, conduct a duly advertised public hearing as prescribed by law to consider said application; and WHEREAS, a tentative parcel map has been submitted for the subdivision of the site into two single-family residential lots; and WHEREAS, studies and investigations made by this Commission and in its behalf reveal the following facts: 1. The Zoning Code requires a minimum lot width of 60 feet. Lot 1 proposes a lot width of 56.73 feet, and Lot 2 a lot width of 56.74 feet. 2. Appropriate findings for approval of a variance are as follows: a. That there are exceptional or extraordinary circumstances not applicable generally to the other property or class of use in the same vicinity and zone. ZACase Files \TENTATIVE PARCEL MAP12014172728 243 N Lang\PCWAR Reso.doo Planning Commission Resolution No. Variance No. 14-01 August 12, 2014 - Page 3 of 3 d. The approved project with two single-family residential lots is consistent with the site's proposed General Plan designation of "Low Medium Residential". 2. That pursuant to all evidence presented, both oral and documentary, and further based on the findings above, Variance No. 14-01 is approved subject to provisions of the West Covina Municipal Code, provided physical development of the herein described property shall conform to said plan and 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 use or occupancy of the property is commenced and before the Certificate of Occupancy is issued, and violation of any of which shall be grounds for revocation of said variance by the Planning Commission or City Council. 3. That the variance 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 Department his affidavit stating he is aware of, and accepts, all conditions of this variance 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 processing this application pursuant to City Council Resolution No. 8690. 4. Costs and expenses of enforcement activities, including, but not limited to attorneys' fees, caused by applicant violation of any condition imposed by this approval or any provision of the West Covina Municipal Code shall be paid by applicant. 5. That pursuant to all evidence presented, both oral and documentary, and further based on the findings above, Variance No. 14-01 is approved as follows, subject to the following conditions: a. Comply with plans reviewed by the Planning Commission on August 12, 2014. b. Comply with all other sections of the Municipal Code. c. The variance is for a reduction in lot width as indicated below. 1. Lot 1 is approved for a reduction from a lot width of 60 feet to a width of 56.73 feet. 2. Lot 2 from a lot width of 60 feet to a width of 56.74 feet. d. The approval of the variance is to deviate from listed development standards only to the extent indicated herein and as further reflected on approved plans and no further. Further and/or additional deviations from stated development standards may only be approved by means of a separate variance. e. The houses on the properties shall be constructed as approved by the Planning Commission and Subcommittee for Design Review on August 12, 2014. Z:\Case Files \TENTATIVE PARCEL MAP 2014 \ 72728 243 N Lang \PCWAR Reso. doe Planning Commission Resolution No. Variance No. 14-01 August 12,2014 - Page 4 of 4 f. Comply with the mitigation measures as outlined in the Initial Study/Environmental Assessment dated June 2014 as follows: 1. Prior to issuance of demolition permits, further photo-recordation and scaled mapping of the buildings, including both the exterior and the interior, shall be submitted to the City Planning Director in supplement to the historical and architectural documentation completed by CRM Tech, 2. Prior to the issuance of demolition permits, the Applicant shall file permanent curation of the mitigative recordation at South Central Coastal Information Center (SCCIC), the local history collection of the West Covina Library, the West Covina Historical Society, and the Hurst Ranch Historical Center for easy public access. 3. The Applicant shall conduct further consultation with the West Covina Historical Society (336 S. Glendora Avenue, West Covina; 626-919-2580) and the Covina Valley Historical Society (300 N. Valencia Place, Covina; 626-332-9523) to ascertain local community interest in possibly salvaging representative elements of the buildings and any surviving equipment they may contain for long-term preservation prior to the issuance of demolition permits. 4. Prior to excavation and construction of the project site, the prime construction contractor(s) shall be cautioned on the legal and/or regulatory implications of knowingly destroying cultural resources or removing artifacts, human remains, bottles and other cultural materials from the project site. A signed statement of understanding shall be provided to the City Planning Director prior to issuance of grading permits. The applicant shall bear the cost of implementing this mitigation. 5. If potential archaeological materials are uncovered during grading or other earth moving activities, the contractor shall notify the City Planning Department immediately, be required to halt work in the immediate area of the find and to retain a professional archaeologist to examine the materials to determine whether it is a unique archaeological resource as defined in Section 21083.2(g) of the State CEQA Statutes. If this determination is positive, the resource shall be left in place, if determined feasible by the project archaeologist. Otherwise, the scientifically consequential information shall be fully recovered by the archaeologist. Work may continue outside of the area of the find; however, no further work shall occur in the immediate location of the find until all information recovery has been completed and a report concerning it filed with the City Planning Director. The applicant shall bear the cost of implementing this mitigation. ZACasoFilcATENTATIVE PARCEL MA1'12014172728 243 N Lang\PCIVAR Reso.cloc Planning Commission Resolution No. Variance No. 14-01 August 12,2014 - Page 5 of 5 6. If paleontological materials are uncovered during grading or other earth moving activities, the contractor shall notify the City Planning Department immediately, be required to halt work in the immediate area of the find, and to retain a professional paleontologist to examine the materials to determine whether it is a significant paleontological resource. If this determination is positive, resource shall be left in place, if determined feasible by the project paleontologist. Otherwise, the scientifically consequential information shall be fully recovered by the paleontologist. Work may continue outside of the area of the find; however, no further work shall occur in the immediate location of the find until all information recovery has been completed and a report concerning it filed with the Planning Director. The applicant shall bear the cost of implementing this mitigation 7. If suspected human remains are encountered during grading or other earth moving activities, the contractor shall notify the City Planning Department immediately, be required to halt work in the immediate area of the find and to notify the County Coroner, in accordance with Section 7050.5 of the California Health and Safety Code, who must then determine whether the remains are of forensic interest. If the Coroner, with the aid of a supervising archaeologist, determines that the remains are or appear to be of a Native American, he/she shall contact the Native American Heritage Commission for further investigations and proper recovery of such remains, if necessary. The applicant shall bear the cost of implementing this mitigation. 8. Prior to commencement of demolition activities, the existing on-site structures shall be surveyed for the presence of asbestos containing materials (ACM) by a contractor registered with Asbestos Contractors' Registration Unit, as required by State law. Should ACM be detected, appropriate abatement measures pursuant to South Coast Air Quality Management District Rule 1403 shall commence by a registered contractor at the expense of the project proponent. Documentation certifying that ACM have been removed to satisfactory levels as required by State law shall be delivered to the Building Division prior to demolition of existing structures onsite. The applicant shall bear the cost of implementing this mitigation ZACase Files \TENTATIVE PARCEL MA1'12014\72728 243 N Lang\POVAR Reso.doc Planning Commission Resolution No. Variance No. 14-01 August 12, 2014 - Page 6 of 6 9. Prior to commencement of demolition activities, the existing on-site structures shall be surveyed for the presence of lead. If lead exists in levels determined to be hazardous, such materials shall be removed by an abatement contractor prior to demolition of the buildings. Demolition debris and waste categorized as hazardous waste shall be handled, transported, and disposed of in accordance with applicable federal, state, and local laws and rules to ensure that potential impacts to health and the environment are minimized. Specifically, employees who perform trigger tasks, such as manual demolition, are required to receive employer provided training, air monitoring, protective clothing, respirators, and hand washing facilities. Standard work practices required by CCR Title 17, Division 1, Chapter 8 also include the use of wet methods and HEPA vacuums. Documentation verifying appropriate disposal of hazardous wastes shall be provided to the City Planning Director prior to issuance of building permits. The applicant shall bear the cost of implementing this mitigation. 10. Prior to issuance of building permits, appropriate erosion control and drainage devices shall be incorporated to the satisfaction of the Building Division, such as interceptor terraces, vee-channels, and inlet and outlet structures, as specified by Section 91.7013 of the Building Code. 11. Leaks, drips and spills shall be cleaned up immediately to prevent contaminated soil on paved surfaces that can be washed away into the storm drains. 12. Dumpsters shall be covered and maintained. Uncovered dumpsters shall be placed under a roof or cover with tarps or plastic sheeting. 13. 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. ZACase Files \TENTATIVE PARCEL MAP 2014172728 243 N Lang\ PCIVAR Reso,doc