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Resolution - 2021-38RESOLUTION NO.2021-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR PRECISE PLAN NO. 20- 01, TENTATIVE TRACT MAP 83134 (20-01), ZONE CHANGE NO. 20-02, GENERAL PLAN AMENDMENT NO. 20-01, AND TREE REMOVAL PERMIT NO. 20-14 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED WHEREAS, there was filed with the City, a verified application on the forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code, requesting approval of a precise plan to: Construct 158 residential condominium units (66 two-story single-family residential style detached units, and 92 attached three-story townhome style units) on that certain property described as: Assessor's Parcel No. 8442-018-900, in the records of the Los Angeles County 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, revisions to and/or conditions placed on the Project, were made or agreed to by the applicant before the mitigated negative declaration was released for public review, were determined by the environmental coordinator to avoid or reduce the potentially significant effects to a level that is clearly less than significant and that there was, therefore, no substantial evidence that the Project, as revised and conditioned, would have a significant effect on the environment; 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 City Council upon giving the required notice, did on May 4, 2021, conduct a duly advertised public hearing to consider the subject application, at which time the City Council adopted a resolution certifying the Mitigated Negative Declaration; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Based on the initial study, the revisions and conditions incorporated into the Project, and information received during the public review process, the City Council of the City of West Covina finds that there is no substantial evidence that the Project, as revised and conditioned, may have a significant effect on the environment. SECTION 2. The mitigated negative declaration reflects the independent judgment of the City Council. SECTION 3. All feasible mitigation measures identified in the City of West Covina General Plan Environmental Impact Reports which are applicable to this Project have been adopted and undertaken by the City of West Covina and all other public agencies with authority to mitigate the project impacts or will be undertaken as required by this project. SECTION 4. After receiving and considering all determinations, studies, documents, and recommendations, as well as other appropriate public comments, the City Council 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. SECTION 5. The Mitigation Monitoring Program prepared in connection with the Project is hereby recommended for approval for the Project. SECTION 6. The documents and other materials that constitute the record of proceedings upon which the City Council has based its decision are located in the office of the West Covina Community Development Director, 1444 West Garvey Avenue South, West Covina, CA 91790. The custodian of these documents and other materials is the West Covina Conum mity Development Director. SECTION 7. Upon approval of the Project by the City Council, the environmental coordinator shall file a Notice of Determination with the County Clerk of Los Angeles County and, if the project requires a discretionary approval from any state agency, with the State Office of Planning and Research, pursuant to the provisions of section 21152(a) of the Public Resources Code and the State EIR Guidelines adopted pursuant thereto. SECTION 8. Non-compliance with the aforementioned mitigation measures as determined by the monitoring department/agency, and any measures taken to correct said non- compliance, shall be immediately reported to the Planning Department on the City of West Covina Monitoring Checklist Form. SECTION 9. The applicant agrees to implement the aforementioned mitigation measures and monitoring or reporting requirements. SECTION 10. 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. SECTION 11. 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. SECTION 12. The City Clerk shall certify to the adoption of this Resolution and shall enter it into the book of original resolutions. APPROVED AND ADOPTED on this 4th day of May, 2021. APPROVED,AS TO FORM ATTEST A/011 Thomas P. D e Lisa Sher?tyClerk City Attorney Assistant I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2021-38 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 4th day of May, 2021, by the following vote of the City Council: AYES: Castellanos, Diaz, Tabatabai, Wu NOES: Lopez-Viado ABSENT: None ABSTAIN: None U Lisa SherIty AssistantClerk Mitigated Negative Declaration March 23, 2021— Page 5 EXHIBIT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Monitoring & Reporting Program Initial Study/Mitigated Negative Declaration Walnut Grove Residential Project SCH No. 2020110322 City of West Covina Planning Division 1444 West Garvey Avenue South, #208 West Covina, CA 91790 Contact: Jo -Anne Burns, Planning Manager Email: JBurns@westcovina.org Phone: (626) 939-8422 January 26, 2021 Mitigation Monitoring and Reporting Program Walnut Grove Residential Project Initial Study/Mitigated Negative Declaration SCH No. 2020110322 January 26, 2021 Lead Agency: CITY OF WEST COVINA Planning Division 1444 West Garvey Avenue South, #208 West Covina, California 91790 Contact: Jo -Anne Burns Planning Manager Prepared by: Psomas 5 Hutton Centre Drive, Suite 300 Santa Ana, California 92707 Walnut Grove Residential Project TABLE OF CONTENTS Section Mitigation Monitoring and Reporting Program 1. Introduction ............................ Page 2. Mitigation Monitoring Procedures.................................................................................... 1 3. Mitigation Monitoring and Reporting Program........................................................... 1 4. Project Location........................................................................................................................ 2 5. Project Description Summary ............................................................................................. 2 Table of Contents Walnut Grove Residential MITIGATION MONITORING AND REPORTING PROGRAM INTRODUCTION In accordance with the requirements of Section 21081.6 of the California Public Resources Code, and as partof its certification of the adequacy of Final Mitigated Negative Declaration (Final MND) for the Walnut Grove Residential Project (Project), the City Council (Council) of the City of West Covina (City) adopts the following Mitigation Monitoring and Reporting Program (MMRP). The Council adopts this MMRP in its capacity as the lead agency for the Final MND in accordance with the provisions of the California Environmental Quality Act (C EQA) (California Public Resources Code Section 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.), and the City of West Covina Monitoring Requirements. MITIGATION MONITORING PROCEDURES The principal purpose of the MMRP is to ensure that the Council -approved mitigation measures and development requirements for the adopted Project are reported and monitored to ensure compliance with the measures' requirements. In general, City of West Covina, Community Development Department is responsible for overseeing implementation and completion of the adopted measures. This includes the review of all monitoring reports, enforcement actions, and document disposition, unless otherwise noted in the attached MMRP Table. However, the Council retains overall responsibility for verifying implementation of all adopted mitigation measures. MITIGATION MONITORING AND REPORTING PROGRAM The MMRP is provided in tabular format to facilitate effective tracking and documentation of the status of mitigation measures, project design features, and regulatory requirements. The attached MMRP table provides the following monitoring information: Regulatory Requirements. All adopted regulatory requirements (RRs) for the Project from the Final MND are included. Project Design Features. All adopted project design features (PDFs) for the Project from the Final MND are included. Mitigation Measures. All adopted mitigation measures (MMs) for the Project from the Final MND are included. Responsible for Implementation. The Project Applicant or designated representative is the responsible party for implementing the mitigation measures, project design features, regulatory requirements, and the City of West Covina or a designated representative is responsible for monitoring implementation of the mitigation measures, project design features, regulatory requirements, unless noted differently. • Timing of Mitigation Measures, Project Design Features, and Regulatory Requirements. A time frame is provided for performance of the mitigation measure, project design features, and regulatory requirements, and the specific action deadline is designed to ensure that impact -related components do not proceed without establishing that the mitigation measure, project design feature, regulatory requirement is implemented. • Responsibility for Monitoring. The City Department(s) or other public agency(ies) responsible for overseeing the implementation and completion of mitigation measures, project design features, regulatory requirements are listed. Table of Contents Walnut Grove Residential Project • Completion Date. The dates the mitigation measures, project design features, and regulatory requirements are completed are to be filled in by the approving/verifying authority at a later date. Upon completion, the MMRP and associated documentation will be kept on file at the City of West Covina Community Development Department, Planning Division. PROJECT LOCATION The approximate 9.14-acre Project site is in the City of West Covina, in Los Angeles County, California. The site is located at 1651 East Rowland Avenue, north of East Rowland Avenue and west of North Azusa Avenue. The site is approximately 0.47 mile north of Interstate 10 (1-10) Freeway and located within the northern portion of the City. Local and regional access to the site is provided by East Rowland Avenue and I-10, respectively. North Eileen Street ends in a cul-de-sac within the site along the northwestern boundary of the Project. PROJECT DESCRIPTION SUMMARY The Project site is currently developed with a school campus (former Pioneer School), which is not in use and slated for demolition. The existing use is comprised of nine administrate buildings and classrooms in the southern portion; surface parking lots in the southeastern and in northeastern portions; three storage sheds, a paved play area, and an athletic field in the western and northwestern portions of the Project site. The proposed Walnut Grove Residential Project would involve construction of a 158-unit attached and detached residential development on an approximately 9.14-acre site with a density of 16.7 dwelling units per acre (du/ac). The proposed Project would consist of two different types of residences, including: 66 units of detached single-family in a cluster configuration and 92 attached multi -family units. The proposed detached single-family units would have a minimum of three floor plan types, with units ranging in size from 1,471 to 1,798 square feet (so. The proposed townhomes would have a minimum of three floor plans, ranging in size from 1,310 to 1,721 sf. Additionally, the Project would include 2 covered garage parking spaces per dwelling unit (for a total of 316 indoor garage spaces), 99 uncovered guest surface parking spaces throughout the Project site in addition to internal drive aisles. A common open space area would be provided on -site at one central location, and private open spaces would be available for each single-family unit. The Project would have 100 sf of common open space per unit (including walking paseos and the neighborhood park use). The central common open space area of the Project would consist of 0.27 acre of neighborhood park use, which would be publicly accessible for use. Open space amenities would include bench seating areas and trash receptacles; picnic areas; children's tot -lot area; open turf area; connecting walkways; and mailboxes. Mitigation Monitoring and Reporting Program Walnut Grove Residential Project WALNUT GROVE RESIDENTIAL PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Responsible for Timing of Responsibility of Completion Date Mitigation Measures Implementation Mitigation Monitoring (Signature Required) AESTHETICS Regulatory Requirements RRAES-1 Project design would be required to comply with Project Applicant/ Design review City Planning Section 26-547, Specific Plan (S-P) Zone, of the West Developer Department Covina Specific Plan. The City shall review and approve the Specific Plan, with consideration to elements including, but not limited to, orientation of buildings and uses, building bulk and scale, building height and setback, and landscaping. RR AES-2 Exterior lighting for the Project shall be designed and Project Applicant/ Design review City Public Works, constructed in compliance with Section 26.519, Developer Building and Safety Lighting, of the West Covina Municipal Code. i I Services Department AIR QUALITY Regulatory Requirements RR AQ-1 All construction activities shall be conducted in Project Contractor During construction City Public Works, compliance with South Coast Air Quality Management Building and Safety District's Rule 403, Fugitive Dust, for controlling Services Department fugitive dust and avoiding nuisance. Contractor compliance with Rule 403 requirements shall be mandated in the contractor's specifications. RR AQ-2 All construction activities shall be conducted in Project Contractor During construction City Public Works, compliance with South Coast Air Quality Management Building and Safety District Rule 402, Nuisance, which states that a project Services Department shall not "discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property'. BIOLOGICAL RESOURCES Regulatory Requirements RR BIO-1 The proposed on -site and off -site trees shall be Project Applicant/ During and after City Planning planted, preserved, removed, replaced and/or Developer construction Department maintained in accordance with Chapter 26, Article XIV, Mitigation Monitoring and Reporting Program Walnut Grove Residential Project WALNUT GROVE RESIDENTIAL PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Responsible for Timing of Responsibility of Completion Date Mitigation Measures Implementation Mitigation Monitoring (Signature Required) Division 1, Water Efficient Landscaping, and Chapter 26, Article VI, Division 9, Preservation, Protection and Removal of Trees, of the West Covina Municipal Code. Mitigation Measures MM 11I0-1 Prior to the issuance of any grading permits, the Project Applicant/ Prior to the Community Community Development Director or designee shall Developer issuance of any Development verify that the following requirements for nesting grading permits birds and preconstruction survey are completed by the Project Applicant: • The start of demolition and site -preparation activities shall be scheduled outside of the bird nesting and breeding season (typically March 1 through August 15). If demolition or site - preparation activities start during the nesting season, a qualified Biologist shall conduct a nesting bird survey in potential bird nesting areas within 200 feet of any proposed disturbance. The survey shall be conducted no more than three days prior to the start of ground disturbance activities (i.e., grubbing or grading). • If active nests of bird species protected by the Migratory Bird Treaty Act (MBTA) and/or the California Fish and Game Code (which, together, apply to all native nesting bird species) are present in the impact area or within 200 feet of the impact area, a temporary buffer fence shall be erected a minimum of 200 feet around the nest site. This temporary buffer may be greater or lesser depending on the bird species and type of disturbance, as determined by the Biologist. • Clearing and/or construction within temporarily fenced areas shall be postponed or halted until juveniles have fledged from the nest and there is no evidence of a second nesting attempt The Biologist shall serve as a construction monitor during those periods when disturbance activities Mitigation Monitoring and Reporting Program Walnut Grove Residential Project WALNUT GROVE RESIDENTIAL PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Responsible for Timing of Responsibility of Completion Date Mitigation Measures Implementation Mitigation Monitoring (Signature Required) will occur near active nest areas to ensure that no inadvertent impacts on these nests will occur. CULTURAL RESOURCES Regulatory Requirements RR CUL-1 If human remains are encountered during any Project- Project Applicant/ During ground City Planning related ground -disturbing activities, Section 7050.5 of Developer/ disturbing activities Department the California Health and Safety Code states that no Contractor further disturbance shall occur until the County Coroner has made a determination of origin and disposition of the materials pursuant to Section 5097.98 of the California Public Resources Code. The provisions of Section 15064.5 of the California Environmental Quality Act Guidelines shall also be followed. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner shall notify the Native American Heritage Commission (NAHC). The NAHC will determine and notify a Most Likely Descendent (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The descendent must complete the inspection within 24 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. These requirements shall be included as notes on the contractor specification and verified by the Community Development Department, prior to issuance of grading permits. This measure shall be implemented to the satisfaction of the City in consultation with the County Coroner. Mitigation Measures MM CUL-2 A qualified archaeologist (the "Project Archaeologist") Project Prior to start of City Planning shall be retained prior to the start of grading for Archaeologist grading Department Project -related construction. The Project Archaeologist shall monitor all ground -disturbing activities within the areas of native soil (i.e., below existing areas of artificial fill from previous Mitigation Monitoring and Reporting Program Walnut Grove Residential Project WALNUT GROVE RESIDENTIAL PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Responsible for Timing of Responsibility of Completion Date Mitigation Measures Implementation Mitigation Monitoring (Signature Required) construction). If archaeological or historical resources are encountered during implementation of any phase of the Project, the Project Archaeologist will be allowed to temporarily divert or redirect grading or excavation activities in the vicinity of the find in order to make an evaluation of the find. ENERGY Regulatory Requirements RR ENE-1 The Project must be designed in accordance with the Project Applicant/ Design phase City Public Works, applicable Title 24 Energy Efficiency Standards for Developer Building and Safety Residential and Nonresidential Buildings (California Services Department Code of Regulations [CCR], Title 24, Part 6) and the Title 24 Green Building Standards Code (CALGreen), (CCR, Title 24, Part 11). These standards are updated, nominally every three years, to incorporate improved energy efficiency technologies and methods. GEOLOGY AND SOILS Regulatory Requirements RR GEO-1 The Project shall be designed and constructed in Project Applicant/ Design phase City Public Works, compliance with the 2019 California Building Code Developer Building and Safety (CBC) Design Parameters or the most current CBC Services Department adopted in the City's Municipal Code. RR GEO-2 Prior to issuance of a grading permit, the Project Project Applicant/ Prior to the City Public Works, Applicant shall prepare an erosion control plan in Developer issuance of a Building and Safety compliance with Cit/s Grading Ordinance, as grading permit Services Department approved by the City. Mitigation Measures MM GEO-1 Prior to issuance of a grading permit, site preparation Project Applicant/ Prior to the City Public Works, and building design specifications shall follow the Developer issuance of a Building and Safety recommendations in the Report of Geotechnical grading permit Services Department Investigation, Former Pioneer Elementary School, 1651 East Rowland Avenue, City of West Covina, California, prepared by Leighton and Associates, Inc (dated April 17, 2020) and additional future site - specific, design -level geotechnical investigations of the Project. Based on the Geotechnical Report, recommendations to be included in the Project Mitigation Monitoring and Reporting Program Walnut Grove Residential Project WALNUT GROVE RESIDENTIAL PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible for Implementation Timing of Mitigation Responsibility of Monitoring Completion Date (Signature Required) specifications pertain to General Earthwork and Grading, Foundations, Slabs -On -Grade, Seismic Design Parameters, Lateral Earth Pressures, Cement Type and Corrosion Protection, Pavement Design, Infiltration, Temporary Excavations, Surface Drainage, and Additional Geotechnical Services. MM GEO-2 In the event paleontological resources are Paleontologist During construction City Public Works, encountered during construction, ground -disturbing and ground Building and Safety activity shall cease. It is recommended that a Qualified disturbing activities Services Department Paleontologist be retained by the Applicant to examine the materials encountered, assess the nature and extent of the find, and recommend a course of action to further investigate and protect or recover and salvage those resources that have been encountered. Criteria for discard of specific fossil specimens shall be made explicit. If a Qualified Paleontologist determines that impacts to a sample containing significant paleontological resources cannot be avoided by Project planning, then recovery may be applied. Actions may include recovering a sample of the fossiliferous material prior to construction; monitoring work and halting construction if an important fossil needs to be recovered; and/or cleaning, identifying, and cataloging specimens for curation and research purposes. The cost associated with recovery, salvage, and treatment shall be borne by the Applicant. All recovered and salvaged resources shall be prepared to the point of identification and permanent preservation by the Qualified Professional. Resources shall be identified and curated into an established accredited professional repository. The Qualified Professional shall have a repository agreement in hand prior to initiating recovery of the resource. Mitigation Monitoring and Reporting Program Walnut Grove Residential Project WALNUT GROVE RESIDENTIAL PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Responsible for Timing of Responsibility of Completion Date Mitigation Measures Implementation Mitigation Monitoring (Signature Required) HAZARDS AND HAZARDOUS MATERIALS Regulatory Requirements RR HAZ-1 The demolition contractor shall comply with the Demolition During demolition City Public Works, requirements of Title 8 of the California Code of Contractor Building and Safety Regulations (Section 1532.1-Lead) regarding the Services Department removal of lead -based paint or other materials containing lead. The regulations set exposure limits, exposure monitoring, respiratory protection, and good working practices by workers exposed to lead. Lead -contaminated debris and other wastes shall be removed and monitored by contractors with appropriate certifications from the California Department of Health Services and disposed of in accordance with the applicable provisions of the California Health and Safety Code. RR HAZ-2 The demolition contractor shall comply with the South Demolition Prior to demolition City Public Works, Coast Air Quality Management District's (SCAQMD's) Contractor/ Building and Safety Rule 1403, which provides guidelines for the proper Certified Asbestos Services Department removal and disposal of asbestos -containing Consultant materials. In accordance with Rule 1403, prior to the demolition, renovation, rehabilitation or alteration of structures that may contain asbestos, an asbestos survey shall be performed by a Certified Asbestos Consultant (certified by the California Occupational Safety and Health Administration [CalOSHA]) to identify building materials that contain asbestos. Removal of the asbestos shall then include prior notification of the SCAQMD and compliance with removal procedures and time schedules; asbestos handling and clean-up procedures; and storage, disposal, and landfilling requirements under Rule 1403. RR HAZ-3 The demolition contractor shall comply with the Demolition During demolition City Public Works, California Health and Safety Code (Section 39650 et Contractor Building and Safety seq.) and the California Code of Regulations (Title 8, Services Department Section 1529), which prohibit emissions of asbestos from asbestos related demolition or construction activities; require medical examinations and Mitigation Monitoring and Reporting Program Walnut Grove Residential Project WALNUT GROVE RESIDENTIAL PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Responsible for Timing of Responsibility of Completion Date Mitigation Measures Implementation Mitigation Monitoring (Signature Required) monitoring of employees engaged in activities that could disturb asbestos; specify precautions and safe work practices that must be followed to minimize the potential for the release of asbestos fibers; and require notice to federal and local government agencies prior to beginning renovation or demolition that could disturb asbestos. RR HAZ-4 All construction on public rights -of -way shall include Contractor During construction City Public Works, the implementation of traffic control measures in Building and Safety accordance with the West Covina Municipal Code Services Department Chapter 12.20, Street Excavation, and Chapter 19, Article X, Section 19-302, Standard Specifications for Public Works Construction, which adopts the Greenbook by reference. HYDROLOGY AND WATER QUALITY Regulatory Requirements RR HYD-1 Prior to demolition and construction activities on the Contractor Prior to demolition City Public Works, site, the Contractor shall prepare and file a Permit and construction Building and Safety Registration Document (PRD) with the State Water Services Department Resources Control Board in order to obtain coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No 2009-009-DWQ, NPDES No. CAS000002) or the latest approved Construction General Permit The PRD shall consist of a Notice of Intent (N01); a Risk Assessment; a Site Map; a Storm Water Pollution Prevention Plan (SWPPP); an annual fee; and a signed certification statement Pursuant to permit requirements, the Project Applicant/Developer shall implement the Best Management Practices (BMPs) in the SWPPP to reduce or eliminate construction -related pollutants in site runoff. The BMPs shall be implemented during all demolition and construction activities on the site. RR HYD-2 In accordance with Section 9.36, Control of Pollutants Project Applicant/ During construction City Public Works, from New Developments/Redevelopment Projects, of Developer and operation Building and Safety the West Covina Municipal Code, the Project shall be Services Department Mitigation Monitoring and Reporting Program Walnut Grove Residential Project WALNUT GROVE RESIDENTIAL PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Responsible for Timing of Responsibility of Completion Date Mitigation Measures Implementation Mitigation Monitoring (Signature Required) constructed and operated in accordance with the standard urban stormwater mitigation plan (SUSMP) prepared for the Project and approved by the City. NOISE Regulatory Requirements RR NOI-1 The Project must be designed in accordance with the Project Applicant/ Design phase City Planning applicable Title 24 interior noise standards. Developer Department Residential structures shall be designed to prevent the intrusion of exterior noise so that the interior noise attributable to exterior sources shall not exceed 45 A - weighted decibel scale (dBA) Community Noise Equivalent Level (CNEL) in any habitable room. RR NOI-2 Per the City of West Covina Municipal Code, Section Contractor During construction City Planning 15-95, Construction of Building Projects, construction Department activities are prohibited to occur between the hours of 8:00 PM of one day and 7:00 AM of the next day. Construction activities may not cause the noise level at the property line to exceed the ambient noise level by more than five (5) decibels unless a permit therefor has been duly obtained. Mitigation Measures MM NOI-1 Noise barriers with a minimum height of 12 feet shall Contractor During construction City Planning be erected along the northern and western boundaries Department of the construction site which abut residential uses. The noise barriers shall be constructed of material with a minimum density of two pounds per square foot with no gaps or perforations. Noise barriers may be constructed of, but not be limited to, 5/8-inch plywood, 5/8-inch oriented strand board, and hay bales. According to the Housing and Urban Development's Barrier Performance Module, a 12-foot barrier would result in a noise reduction of approximately 16 dBA, resulting in construction noise levels that do not exceed the 80 dBA Leq threshold (noise barrier performance calculations included in Appendix G). 10 Mitigation Monitoring and Reporting Program Walnut Grove Residential Project WALNUT GROVE RESIDENTIAL PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Responsible for Timing of Responsibility of Completion Date Mitigation Measures Implementation Mitigation Monitoring (Signature Required) MM N01-2 The Applicant shall require that all construction Project Applicant/ During construction City Planning contractors restrict the operation of the following Developer/ Department construction equipment to beyond the following Contractor distances from off -site buildings: (1) vibratory rollers, caisson augers and large bulldozers - 25 feet, and (2) loaded trucks and other large equipment - 15 feet. Smaller construction vehicles could be used within these distances. PUBLIC SERVICES Regulatory Requirements RR PS-1 The Project shall be designed and constructed in Project Applicant/ Design phase City Planning accordance with applicable regulations in Chapter 10, Developer Department Fire Prevention and Protection, of the City of West Covina Municipal Code. RR PS-2 Pursuant to Chapter 17, Article IV, Development Project Applicant/ Prior to issuance of City Planning Impact Fees of the City's Municipal Code, prior to Developer a building permit Department issuance of each building permit, the Project Applicant and shall be responsible for payment of the City's West Covina Fire and Development Impact Fees (DIFs) including police Police Departments facilities, fire facilities, park facilities, administration and facilities, and public works facilities, as appropriate City Public Works, and in amounts established by City Council Resolution. Building and Safety The fees paid shall be those in effect at the time of Services Department issuance of the building permit, subject to applicable fee credits for community facilities provided as part of the Project RR PS-3 The Project Applicant shall pay the applicable school Project Applicant/ Prior to issuance of City Planning development fee to the Covina -Valley Unified School Developer a building permit Department District, in accordance with Section 17620 of the and California Education Code. Covina -Valley Unified School District RR PS-4 The Project Applicant shall pay the applicable park fee, Project Applicant/ Prior to issuance of City Planning in accordance with Chapter 26, Article VI, Section 2620 Developer a building permit Department for the purpose of providing park and recreational facilities to serve future residents of the Project development 11 Mitigation Monitoring and Reporting Program Walnut Grove Residential Project WALNUT GROVE RESIDENTIAL PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Responsible for Timing of Responsibility of Completion Date Mitigation Measures Implementation Mitigation Monitoring (Signature Required) TRANSPORTATION Regulatory Requirements RR TRA-1 All trucks used during demolition and construction Project Applicant/ During demolition, City Public Works, and during long-term occupancy of the Project shall Developer construction, and Traffic and Lighting use designated truck routes, in compliance with occupancy Section Chapter 22, Division 5, Truck Routes, of the West Covina Municipal Code. RR TRA-2 The Project shall be designed and constructed to Project Applicant/ Design phase City Public Works, provide adequate sight distance for drivers at all Developer Traffic and Lighting entrances and exits (driveways), drive aisles, and Section roadways, per West Covina Municipal Code Section 22.8, Obstruction to Visibility at Intersections or Driveways. Project Design Features PDF TRA-1 The Project Applicant shall implement a left -in turn- Project Applicant/ During final City Public Works, pocket for eastbound traffic on East Rowland Avenue Developer engineering Traffic and Lighting and left -out turn movements from the Project Section entrance. The new turn pocket will require modifications to the existing median to align the new turn -pocket with the Project entrance. Final engineering will determine the precise dimensions and details of the proposed turn -pocket and the required median modifications. PDF TRA-2 The Project Applicant shall implement red curbing Project Applicant/ During final City Public Works, along the Project frontage on East Rowland based on Developer engineering Traffic and Lighting line of site distance determined during final Section engineering to identify the limits of guest parking along the frontage. TRIBAL CULTURAL RESOURCES Regulatory Requirements RR TCR-1 If human remains are encountered during any Project- Project Applicant/ During ground City Planning related ground -disturbing activities, Section 7050.5 of Developer/ disturbing activities Department the California Health and Safety Code states that no Contractor further disturbance shall occur until the County Coroner has made a determination of origin and disposition of the materials pursuant to Section 5097.98 of the California Public Resources Code. The 12 Mitigation Monitoring and Reporting Program Walnut Grove Residential Project WALNUT GROVE RESIDENTIAL PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Responsible for Timing of Responsibility of Completion Date Mitigation Measures Implementation Mitigation Monitoring (Signature Required) provisions of Section 15064.5 of the California Environmental Quality Act Guidelines shall also be followed. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner shall notify the Native American Heritage Commission (NAHC). The NAHC will determine and notify a Most Likely Descendent (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The descendent must complete the inspection within 24 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. These requirements shall be included as notes on the contractor specification and verified by the Community Development Department, prior to issuance of grading permits. This measure shall be implemented to the satisfaction of the City in consultation with the County Coroner. Mitigation Measures MM TCR-1 Prior to the commencement of any ground disturbing Project Applicant/ Prior to ground City Planning activity at the Project site, the Project Applicant shall Developer/ disturbing activities Department retain a Native American Monitor approved by the Project Gabrieleno Band of Mission Indians-Kizh Nation (the Archaeologist/ tribe that consulted on this Project, pursuant to Tribal Monitor Assembly Bill A52 [the "Tribe' or the "Consulting Tribe"]) and the City of West Covina. A copy of the executed contract shall be submitted to the City of West Covina Planning and Building Department prior to the issuance of any permit necessary to commence a ground -disturbing activity. The Tribal Monitor will only be present on -site during the construction phases that involve ground -disturbing activities. Ground disturbing activities are defined by the Tribe as activities that may include, but are not limited to, pavement removal, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the Project area. The Tribal 13 Mitigation Monitoring and Reporting Program Walnut Grove Residential Project WALNUT GROVE RESIDENTIAL PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible for Implementation Timing of Mitigation Responsibility of Monitoring Completion Date (Signature Required) Monitor will complete daily monitoring logs that will provide descriptions of the day's activities, including construction activities, locations, soil, and any cultural materials identified. The on -site monitoring shall end when all ground -disturbing activities on the Project site are completed, or when the Tribal Representatives and Tribal Monitor, in consultation with the City and the Applicant, have indicated that all upcoming ground -disturbing activities at the Project site have little to no potential for impacting Tribal Cultural Resources or when activities occur within previously disturbed soil that was observed by the on -site Tribal Monitor. Upon discovery of any Tribal Cultural Resources, construction activities shall cease in the immediate vicinity of the find (not less than the surrounding 100 feet) until the find can be assessed. All Tribal Cultural Resources unearthed by Project activities shall be evaluated by the qualified archaeologist and Tribal Monitor approved by the Consulting Tribe. If the resources are Native American in origin, the Consulting Tribe will retain it/them in the form and/or manner the Tribe deems appropriate, for educational, cultural and/or historic purposes. If human remains and/or grave goods are discovered or recognized at the Project site, all ground disturbance shall immediately cease, and the county coroner shall be notified per Public Resources Code Section 5097.98, and Health & Safety Code Section 7050.5. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). Work may continue on other parts of the Project site while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section 15064.5 [fj). If a non -Native American resource is determined by the qualified archaeologist to constitute a "historical resource' or "unique archaeological resource," time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan established for the 14 Mitigation Monitoring and Reporting Program Walnut Grove Residential Project WALNUT GROVE RESIDENTIAL PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Responsible for Timing of Responsibility of Completion Date Mitigation Measures Implementation Mitigation Monitoring (Signature Required) resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and PRC Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purpose. UTILITIES AND SERVICE SYSTEMS Regulatory Requirements RR UTL-1 Water service to the Project, including application for Project Applicant/ Prior to final design City Public Works, water service, service connections, water rates, fire Developer permit Engineering Division service, and water mains, shall be constructed and provided in accordance with Chapter 23, Article 111, Water, of the West Covina Municipal Code. RR UTL-2 The Project Applicant shall pay the applicable Project Applicant/ Prior to City Public Works, Connection Fee Program capital facilities fees to the Developer construction Engineering Division Los Angeles County Sanitation District (LACSD), as authorized by the California Health and Safety Code Sections 5400 to 5474. RRUTL-3 The Project shall be designed and constructed with Project Applicant/ Prior to City Public Works, water -efficient fixtures and systems, as required by Developer construction Engineering Division the CALGreen Code, which has been adopted by reference into Section 7-301, Adoption of Title 31 (Green Building Standards Code), of the West Covina Municipal Code. 15 Mitigation Monitoring and Reporting Program Walnut Grove Residential Project WALNUT GROVE RESIDENTIAL PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Responsible for Timing of Responsibility of Completion Date Mitigation Measures Implementation Mitigation Monitoring (Signature Required) RRUTL-4 The Project contractor shall recycle, reuse, and/or Project Applicant/ During demolition City Public Works, salvage at least 65 percent of demolition and Developer and construction Maintenance Division, construction debris, in accordance with Section 4.408 Environmental Services of the CALGreen Code. Section 16 Mitigation Monitoring and Reporting Program