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Item No. 10
AGENDA ITEM NO. 10 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: May 17, 2022 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT,GENERAL PLAN AMENDMENT NO. 21-01, ZONE CHANGE NO. 21-02, PRECISE PLAN NO. 21-02, TENTATIVE TRACT MAP NO. 83576, AND TREE PERMIT NO.20-01 (AMENDMENT) TO CHANGE THE GENERAL PLAN LAND -USE DESIGNATION FROM NEIGHBORHOOD -LOW TO NEIGHBORHOOD MEDIUM, TO CHANGE THE ZONING FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO A SPECIFIC PLAN, TO CONSTRUCT 39 RESIDENCES KNOWN AS THE GROVE AT MERCED (ATTACHED TWO-STORY TOWNHOME STYLE UNITS WITH ATTACHED GARAGES, RANGING FROM APPROXIMATELY 1,325 SQ. FT. TO 1,475 SQ. FT.), INTERNAL DRIVE AISLES, COMMON OPEN SPACE, GUEST PARKING SPACES, AND OTHER ASSOCIATED INCIDENTAL IMPROVEMENTS ON A 2.26-ACRE SITE AT 1912 W. MERCED AVENUE RECOMMENDATION: It is recommended that the City Council conduct a public hearing and then take the following actions: 1. Adopt the following resolutions: RESOLUTION NO. 2022.40 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO 21-01, ZONE CHANGE NO. 21-02, PRECISE PLAN NO. 22-01, AND VESTING TENTATIVE TRACT MAP NO. 83576 AT 1912 W. MERCED AVENUE, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED RESOLUTION NO. 2022-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 21-01 CHANGING THE GENERAL PLAN USE DESIGNATION OF 1912 W. MERCED AVENUE FROM NEIGHBORHOOD -LOW TO NEIGHBORHOOD -MEDIUM RESOLUTION NO. 2022-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PRECISE PLAN NO. 21.01 AND TREE REMOVAL PERMIT NO. 20.01 AT 1912 W. MERCED AVENUE RESOLUTION NO. 2022-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 83576 AT 1912 W. MERCED AVENUE 2. recommended that the City Council introduce the following ordinance by title only, further reading waived: ORDINANCE NO. 2499 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 21.02 AND ADOPTING THE GROVE AT MERCED SPECIFIC PLAN AT 1912 W. MERCED AVENUE BACKGROUND: The project was initially reviewed by the Planning Commission on April 12, 2022. During the public hearing, one individual spoke with concerns regarding density. The Planning Commission voted 4-1 to recommend City Council approval of the project with direction that the applicant work with staff to ensure that there will be adequate lighting throughout the development (including along the street frontages), and to revise the conditions of approval to make the homeownership assistance program available to at least 5 homes (an increase from the 4 homes that was initially recommended). The Planning Commission also expressed concerns with the development's limited number of off-street guest parking spaces. DISCUSSION: The project site is a 2.26-acre parcel located on the southwest corner of Merced Avenue and Van Horn Avenue. It was formerly developed with a one-story structure most recently used as a school. The structure was demolished in 2018. The existing driveways on Van Horn Avenue will all be removed as a part of the project. The existing driveway on Merced Avenue will be modified and used to access the site. ITEM IDESCRIPTION ZONING AND GENERAL PLAN "Single -Family Residential" (R-1 Area District 1) and "Neighborhood Low Density DESIGNATION Residential" SURROUNDING LAND USES AND North: Single -Family Residential; "R-1 Area District 1" ZONING South: Masonic Temple and Hurst Ranch; "R-A Residential Agriculture" East: Single -Family Residential; "R-1 Area District 1" West: Single -Family Residential; "R-1 Area District 1" CURRENT DEVELOPMENT lFacant site LEGAL NOTICE Notices of Public Hearing have been mailed to 59 owners and occupants of properties l Ilocated within 300 feet of the subject site. The applicant proposes to build a 39-unit residential project consisting of attached two-story townhome units within 6 buildings (two 9-plex, one 8-plex, one 6-plex, one 4-plex, and one 3-plex). Each dwelling unit on the site includes a two -car garage. There will also be 8 parking spaces on the site for guests, and additional street parking on available on Merced Avenue. The project requires the granting of the following entitlements: • Precise Plan to allow the development of the site. • Tentative Tract Map to allow for the condominium subdivision • Tree Removal Permit for the removal of 38 significant trees. • Zone Change to change the zoning designation to a Specific Plan • General Plan Amendment to change the land -use designation to Neighborhood Medium to allow up to 20 residential units per acre. Community Outreach The applicant has been actively talking to the neighbors regarding the proposed multiple family development since early 2021. The applicant sent out invitations to a community meeting to discuss the project (Attachment No. 6) to all properties within 300 feet from the project site. On February 9, 2022, the applicant held a community meeting at the Cameron Park Community Center which was attended by one neighbor. General Plan Amendment Approval of a General Plan Amendment (GPA) is required to enable the project to be built at the proposed density of 17.26 dwelling units per acre. The existing designation of "neighborhood low" does not allow for multifamily residential development with the desired density. The proposed designation of Neighborhood —Medium (NM) allows up to 20 dwelling units per acre. This designation "anticipates a mixture of detached and attached dwellings and higher building types at approximately 9 to 20 dwelling units per acre... with small scale commercial at key locations, primarily at intersections and adjacent to corridors." The project is consistent with the proposed designation. The proposed project is consistent with the following General Plan policies and actions: • Policy 3.3 New growth will complete, enhance, and reinforce the form and character of unique West Covina neighborhoods, districts and corridors. The project is located on Merced Avenue, which carries high volumes of traffic. It is a location appropriate to serve as a transitional site between the single-family homes to the west and north and the busy street. The project has been designed to be compatible and sensitive to the single-family residential neighborhood on Van Horn Avenue. The project site is on Merced Avenue which is designated as a "Residential Main" in the General Plan. Although not an identified "Corridor" in the General Plan, the street functions much like one in this area. It is appropriate to locate higher density development along streets such as this. The project will be urban infill on a site suitable for residential development. • Policy 3.6 Reduce West Covina's production of greenhouse gas emissions and contribution to climate change, and adapt to the effects of climate change. By promoting infill development, the project creates needed housing without sprawl. This helps reduce impacts to climate change. • Goal 2, Housing Element Provide a variety of housing types to accommodate all economic segments of the City. The project will provide attached for -sale housing. The attached housing will come in three floor plans. The variety of layouts and size will provide options to the buyers and assist the City in meeting housing production requirements of the Housing Element. The project creates infill residential development with high quality architecture. It will provide for -sale housing at a density that should support a more affordable product. It will be compatible with the single-family neighborhood to the north, west, and east and with the Masonic Lodge and Hurst Ranch to the south of the project site. Zone Chance Approval of a zone change from Single -Family Residential (R-1) to the Grove at Merced Specific Plan is required to enable residential development of the site at the proposed density of 17.26 dwellings per acre. The proposed development standards of the Specific Plan replace those of the Municipal Code. If approved, the project Specific Plan will be known as the Grove at Merced Specific Plan. Properties to the west, north and east are zoned Single Family Residential (R-1). Properties to the south are zoned Residential -Agriculture (R-A). The proposed zone change to the Grove at Merced Specific Plan will ensure that the project is developed in a manner compatible with the existing neighboring single-family homes. Precise Plan The precise plan is for the review of the site plan and architecture. The proposed project is a 39-unit residential project consisting of attached two-story single-family residences with a maximum height of 28 feet (Specific Plan allows for 30 feet). The 9-plex and 8-plex buildings frontage will be along Van Horn and Merced Avenues, while the 3-plex, 4-plex, and 6-plex buildings will be sited mid -lot. Two common open space areas totaling 9,471 square feet are provided on site: one is a "pocket park" located at the west end of the site near the Van Horn Avenue cul-de-sac, and the other is located on the south side adjacent to the Walnut Creek Channel. Guest parking is disbursed throughout the site (8 guest parking spaces). The buildings along Van Horn Avenue and Merced Avenue are set back 15 feet from the property line with the permitted architectural projections encroaching approximately 2" into the setback. The homes have front entrances facing the corresponding street. The buildings along Van Horn Avenue are separated by a 25-foot walkway/landscaped area. Each of the units'/buildings' garages open up to the internal drive aisles/private streets which are 26 feet wide. The 6-plex and 4-plex buildings are located in the middle of the lot and are separated by a 20-foot paseo/landscaped walkway. The 3-plex is located on the east side of the interior common open space area and is the closest building to the Walnut Creek Channel. Air conditioning condensers for all dwellings are at the ground level located within the patio area. The condensers will be screened with a combination of metal screens and landscaping. Vehicular access to the site will be provided by a driveway on Merced Avenue, the driveway (26 feet in width) will channel/route vehicles to private lanes (26 feet in width) throughout the site to the dwelling units, guest parking spaces, and private recreation area. Architecture The proposed architectural style is Spanish, which is characterized by a gable roof with "s" roof tiles, stucco walls, decorative wrought iron details, wood shutters, and header/sill trim window details. The buildings will utilize one of two color schemes (Page CM-1 of the project plans), both of which consist of light to dark earth tone colors with a complimentary accent (burgundy or blue). oor Total tstfloor 2ndFloor Plan Living Type Area 1.325 sq.ft. two -car garage, kitchen. 3 bedrooms (including master bedroom with a bathroom, living room, and bathroom and two walk-in closets), laundry dining room room, and 1 bathroom 1.375 sq. two -car garage, kitchen, 3 bedrooms (including master bedroom with a ft. bathroom, living room, and bathroom and one walk-in closet), a laundry dining room room, and 1 bathroom 1,475 sq. ft two -car garage, kitchen, 4 bedrooms (including master bedroom with a bathroom, living room, and bathroom and one walk-in closet), a laundry dining room room, and 1 bathroom Each unit includes at least 108 square foot of private open space patio area. Walls/Fences, Lighting, and Landscaping The site is currently surrounded by a temporary chain -link fence site protection barrier which will be removed and replaced. The site and individual private patio areas along Van Horn Avenue will be enclosed with a two -foot tall stucco wall with a 3-foot tall tubular metal fence on top (5'-0" total height). A 5-foot tall stucco wall is proposed along Merced Avenue. However, a condition of approval has been included in the precise plan resolution requiring the wall/fence along Merced Avenue to be designed the same way as the fence/wall along Van Horn Avenue to provide a more active street-scape and reduce potential areas for graffiti. In addition, a 6-foot tall tubular metal fence will be constructed on the south side of the site along the Walnut Creek Wash. Wall and fence details are found on sheets L-3 and L4. Light poles will be located along the interior street network. Low bollards and sconces will provide illumination throughout the rest of the site. Lighting details are shown on sheets L-7 and L-8. The Planning Commission directed the applicant to work with staff to ensure that the development will have sufficient lighting throughout the site and along the Merced and Van Horn Avenue frontages. The applicant is proposing to install landscaping on all non-paved/non-built surfaces of the site, primarily around the buildings. Street trees (Camphor and London Plane trees) approved by the City will be planted along the Van Horn Avenue parkway. Four out of the eight existing street trees along Merced Avenue will be retained, while the other four will be removed and replaced. Additional trees of various species will be planted along the internal street network and common open space areas. A variety of shrubs and ground covers will also be planted. A total of 81 trees, including 18 in the city parkway, will be planted. Approval of a final landscape and irrigation plan is required per the conditions of approval Parking The proposed Grove at Merced Specific Plan includes parking requirements for each dwelling unit. Each dwelling unit is required to have two parking spaces per garage. All project units have garage parking that meets this standard. At least one guest space for every 5 dwelling units will be provided. A total of 8 guest parking spaces will be located onsite. In addition, parallel street parking spaces would be provided along Merced Avenue. Tree Removal Permit There are a total of 52 on -site trees and 8 street trees along Merced Avenue. Development of the site will require removal of 51 of the 52 trees on -site and 4 street trees. Of these, 38 trees are significant Trees per City Ordinance (Section 26-294 Division 9 — Preservation, Protection and Removal of Trees — Protection of trees during development activity). Significant trees are defined as certain species or located within the street setback. The 38 trees proposed for removal are significant based on their placement within the street setback. These trees include four species; Chinese Privets, Indian Laurels, Washington Fan Palms, and Eucalyptus. The removal of these trees requires the approval of a tree removal permit by the Planning Commission. The applicant will be required to replace the significant trees on the site and the street trees at a 1:1 ratio, with at least half of the trees being 36-inch box trees. Tree Removal Permit 20-01 was initially approved by the Planning Commission on April 28, 2020 with the proposed construction of an Assisted Living Facility. Although the same trees are proposed to be removed, an Amendment to the tree removal permit requires City Council approval because the associated project has changed. Open Space The proposed Grove at Merced Specific Plan includes open space requirements. Each unit has a 108 square foot (minimum) private patio area where 100 square feet is required. Two common open space areas totaling 9,471 square feet are provided on site: one is a "pocket park" located at the west end of the site near the Van Horn Avenue cul-de-sac, and the other is located on the south side of the lot adjacent to the Walnut Creek Channel. Each of these areas will have amenities for the residents such as seating and barbecues. Community Benefit Contribution As a part of the Precise Plan, the applicant would be required to establish a homeownership assistance program for no less than five homes. The Planning Commission has recommended the increase in the number of homes that the program will be made available to from 4 homes to 5 homes. The homeownership assistance program will be made available to first-time homebuyers with priority given to existing West Covina residents, and/or low- or moderate -income individuals/families. A minimum of $50,000 will be required to be dedicated to the program. Public Art As a part of the Precise Plan, public art would be required. The applicant has the option of commissioning their own public art piece, or paying the in -lieu contribution equaling to one-half percent of the total project costs. Development Impact Fees/Park Fees The City adopted Development Impact Fees in December 2015. In this case, the fees are currently (for FY 202112022) $1,298 (per unit) for single-family attached/multi-family. The total development impact fees required would be $50,600.00. In addition, the applicant is required to pay a park dedication in -lieu fee of approximately $427,050.00. Vestina Tentative Tract Mao The applicant has applied for a Vesting Tentative Tract Map to subdivide the land and create parcels for homeownership. The project will have 39 individual for -sale lots. The project will utilize a Homeowner's Association (HOA) that will be responsible for maintaining the entire project, except for the interior of the units. Covenants, Conditions, and Restrictions (CC&Rs) will be created to regulate the HOA. The HOA will maintain all streets, curbs, and gutters, utilities, perimeter walls, building exteriors, common open space areas, sidewalks, site walls, entrance monument, and exterior lighting. The proposed project density will be 17.26 units per acre, which is consistent with the General Plan designation of Neighborhood Medium allows a maximum density of 20 units per acre. Below is a table summarizing the project details in comparison to the standards contained within the proposed specific plan Proposed Specific Plan Standards Density 17.26 dwelling units per acre 9 to 20 dwelling units per acre(General Plan Designation) Building 28 feet (2 stories) 30 feet maximum Height (2 stories) Setbacks 15 feet to street; 10 feet Same interior side Ground 110.75 Same Coverage Parking Two garage spaces per unit; Same 0.2 guest parking spaces per unit (total 78 enclosed and 8 uncovered guest parking spaces) Common 242 square feet per unit 1150 square feet per Open Space (9,471 square feet total) unit 100 square feet per Private 108 square feet per unit Open Space minimum (11,391 square feet total) unit Wall/Fence 5 feet along street, 6 feet Same Height alongWalnut Creek Channel REQUIRED FINDINGS Findings are required to allow the City Council to approve the precise plan and tentative tract map. Findings are required to be made for each of these individual entitlements. The findings for entitlements are included in each individual resolution (Attachment Nos. 4 and 5, respectively) and are also presented below. Findinas necessary for the aooroval of a Precise Plan are as follows: a. The proposed development plans and the uses proposed are consistent with the General Plan and any applicable speciffc plan. The project is a request for a Precise Plan to allow for the construction of a 39-unit residential development. There will be 78 garage parking spaces and 8 guest parking spaces onsite as well as parallel parking spaces along the Merced Avenue frontage The applicant is also requesting approval of a General Plan Amendment from Neighborhood- Low to Neighborhood —Medium (NM) to change the allowed residential density to accommodate the proposed density of 17.26 dwelling units per acre. The project is also requesting approval of a Vesting Tentative Tract Map to create individual lots for sale. The proposed project is consistent with the following General Plan policies and actions: Policy 3.3 New growth will complete, enhance, and reinforce the form and character of unique West Covina neighborhoods, districts and corridors. The project will create an appropriate transition from the traditional single-family neighborhood to the west and north towards a higher density along Merced Avenue. The character of the project will be pedestrian -oriented along both street frontages. This infill site will have a distinctive and high -quality residential experience. Policy 3.6 Reduce West Covina's production of greenhouse gas emissions and contribution to climate change, and adapt to the effects of climate change. By promoting infill development, the project creates needed housing without sprawl. This helps reduce impacts to climate change. The site is served by transit, giving residents the option to reduce the use of automobiles. The proposed project is consistent with the following Housing Element Goals: Goal 2 Provide a variety of housing types to accommodate all economic segments of the City. The project will provide attached for -sale housing. The attached housing will come in three floor plans. The variety of layouts and size will provide options to the buyers and assist the City in meeting housing production requirements of the Housing Element. The project creates infill residential development with high quality architecture. It will provide for -sale housing at a density that should support a more affordable product. It will be compatible with the single-family neighborhood to the north, west, and east and with the Masonic Lodge and Hurst Ranch to the south of the project site. b. The proposed development is consistent with adopted development standards for the zone and complies with all other applicable provisions of the Municipal Code. The project conforms to the proposed General Plan designation of Neighborhood —Medium (NM), and the standards of the Grove at Merced Specific Plan, and all other applicable development standards in the Zoning Code. C. Granting the permit would not be detrimental to the public interest, health, safety, and welfare and would not unreasonably interfere with the use or enjoyment of property in the vicinity of the subject property. The proposed project is on a triangular shaped vacant lot that was previously developed with school. The site will be developed according to applicable development standards. The project is designed to be compatible with adjacent residential development. The project will include required parking. The site will be landscaped. Mitigation measures and conditions of approval will ensure that the site is developed such that it will not be detrimental to the public interest, health, safety, and welfare and would not unreasonably interfere with the use or enjoyment of property in the vicinity of the subject property. d. The site is physically suitable for the type, density and intensity of the development being proposed, including vehicle access and circulation, utilities, and the absence of physical constraints. The proposed project site is 2.26 acres, flat and is physically suitable for the proposed project and adequate to accommodate the size and shape of the buildings, parking and all required development standards set forth in the West Covina Municipal Code. The site is served by all necessary utilities. Appropriate mitigation measures and conditions of approval will ensure that the site is improved in a manner consistent with City standards. e. The architecture, site layout, location, shape, bulk and physical characteristics of the proposed development are compatible with the existing and future land uses, and do not interfere with orderly development in the vicinity. The buildings utilize Spanish style architecture with a variety of finishes, materials and colors. The two-story buildings are designed to be compatible with and complement the existing neighboring single-family residential homes. New open block walls/fencing will be constructed along the Merced and Van Horn Avenue frontages, and tubular metal fencing will be constructed along the property line separating the site from the Walnut Creek Channel. The proposed residences will have front doors facing the street, enhancing the sense of connectedness to the existing residential community. The design characteristics create an attractive project with architectural interest and substantial landscaping. Findinas necessary for the aooroval of a Tentative Tract Mao are as follows: a. The proposed map is consistent with the general plan and any applicable adopted specific plans. An amendment to the City's General Plan land -use map to change the designation of the site from Neighborhood -Low to Neighborhood —Medium (NM). As noted in Finding A for the General Plan Amendment, the project is consistent with a number of Goals, Policies and Actions of both the General Plan and the proposed Grove at Merced Specific Plan. b. The design or improvement of the proposed subdivision is consistent with the general plan and applicable adopted specific plans. The project conforms to the proposed General Plan designation of Neighborhood —Medium (NM), and the standards of the proposed Grove at Merced Specific Plan, and all other applicable development standards in the Zoning Code. c. The site is physically suitable for the type of development. The proposed project site is 2.26 acres, flat and is physically suitable for the proposed project and adequate to accommodate the size and shape of the buildings, parking and all required development standards set forth in the Grove at Merced Specific Plan and the West Covina Municipal Code. The site is served by all necessary utilities. Appropriate mitigation measures and conditions of approval will ensure that the site is improved in a manner consistent with City standards. d. The site is physically suitable for the proposed density of development The proposed project type is consistent in form with style recommended by the proposed Grove at Merced Specific Plan. The proposed development will be accessible from a driveway along Merced Avenue. The site is 2.26 acres and, as conditioned, is physically suitable for the proposed project and adequate to accommodate the size and shape of the buildings, parking and all required standards of the proposed Specific Plan subject to the approval of the Zone Change and General Plan amendment. The proposed General Plan designation of Neighborhood Medium allows a maximum density of 20 units per acre. The proposed project density will be 17.26 units per acre. Additionally, there is a condition that requires that CC&Rs be recorded as a part of this project to ensure orderly operation. The site will be developed in accordance with the grading and construction requirements of the West Covina Municipal Code and the City Engineer. e. 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. The site consists of a 2.26-acre vacant parcel previously developed with a school. No known endangered, threatened or rare species or habitats, or designated natural communities, wetlands habitat, or wildlife dispersal, or migration corridors are present on site. A mitigated negative declaration was prepared for the project, which included required mitigation measures for Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Noise, Transportation, Tribal Cultural Resources, and Utilities and Service Systems, to ensure that the project will not cause substantial environmental damage or injure fish, wildlife, or their habitat. f. Neither the design of the subdivision nor the type of improvements are likely to cause serious public health problems 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 Engineering Division, the Municipal Code, the Uniform Building Code, and other applicable requirements. g. The design of the subdivision or the type of improvements will either (i) not conflict with recorded or adjudged easements, acquired by the public at large, for access through or use of, property within the proposed subdivision; or (H) alternate easements, for access or for use, will be provided, and these will be substantially equivalent to ones previously acquired by the public. There are no easements on the property that would be affected by implementation of the proposed project. Access to the site will be provided via Merced Avenue. LEGAL REVIEW: The City Attorney's Office has reviewed the attached resolutions and ordinance and approved them as to form. OPTIONS: The City Council has the following options: 1. Approve the project as recommended by the Planning Commission; or 2. Provide alternative direction. ENVIRONMENTAL REVIEW: The Mitigated Negative Declaration of Environmental Impact (MND) 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 as conditions of approval to reduce impacts on the environment to a less than significant level. The MND has been prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and was circulated for public comment for 20 days (from February 22, 2022 to March 14, 2022). Comments were received from the County Sanitation Districts of Los Angeles County. A Response to Comments was prepared and is provided as Attachment No. 7. Traffic KOA prepared a focused traffic analysis for the project to assess traffic impacts. The traffic analysis evaluated potential project -related traffic impacts. The proposed use was estimated to generate 263 daily trips. According to the Focused Traffic Analysis for the proposed project, the project site is located in a low Vehicle miles traveled (VMT) area. The San Gabriel Valley Council of Governments VMT Evaluation Tool was used to determine whether the project would be below the low-VMT area screening threshold. As such, the project will not result in significant transportation impacts. Air Quality According to the Air Quality Study, the construction and operation emissions are below the regional thresholds of significance. The cumulative short-term construction -related emissions and long-term operational emissions from the project will not contribute considerably to any potential cumulative air quality impact because short-term project and operational emissions will not exceed any SCAQMD daily threshold. Required Mitigations The environmental study concluded that mitigation measures are required for the following topics: • Biological Resources (nesting birds); • Cultural Resources (archeological resources); • Geology and Soils (paleontological resources); • Noise (protecting residents from elevated construction noise); • Tribal Cultural Resources; A Mitigation Monitoring Program is an exhibit of Attachment No. 1 and provides information on the mitigation measures and monitoring by responsible agencies. A_Viel=FitlIF_TN:IPil:IaIP A copy of the plans, proposed Specific Plan, and Mitigated Negative Declaration of Environmental Impact is posted on the City website at https//www.westcovi na. org/departments/community-d evelopment/pl an n ing-division/projects-and-envi ron mental -documents Prepared by: Jo -Anne Burns, Planning Manager Attachments Attachment No. 1- Resolution No. 202240 (Mitigated Neg Dec) Attachment No. 2 - Resolution No. 202241 (General Plan Amendment) Attachment No. 3 - Resolution No. 202242 (Precise Plan) Attachment No. 4 - Resolution No. 202243 (Tentative Tract Map) Attachment No. 5 - Ordinance No. 2499 Attachment No. 6 - Community Meeting Invitation Attachment No. 7 - Responses to Comments CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety Enhance City Image and Effectiveness A Well -Planned Community ATTACHMENT NO.1 RESOLUTION NO.2022-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO 21-01, ZONE CHANGE NO.21-02, PRECISE PLAN NO.21-01, AND VESTING TENTATIVE TRACT MAP NO.83576 AT 1912 W. MERCED AVENUE, 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 a 39-unit townhouse -style multiple family residential development on that certain property described as: Assessor's Parcel No. 8467-016-020, 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 17, 2022, 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 Community 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 17th day of May, 2022. APPROVED AS TO FORM Thomas P. Duarte City Attorney Dario Castellanos Mayor ATTEST Lisa Sherrick Assistant City Clerk I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2022-40 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the day of 2022, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk EXHIBIT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND MITIGATION MONITORING AND REPORTING PROGRAM The Grove at Merced Specific Plan 1912 W. Merced Ave. Mitigation Monitoring Program This Mitigation Monitoring Program (MMP) has been prepared in compliance with the requirements of Public Resources Code (PRC) Section 21081.6 and California Environmental Quality Act (CEQA) Guidelines Section 15097. This MMP describes the procedures that will be followed to implement the mitigation measures identified in the Initial Study/Mitigated Negative Declaration (IS/MND) prepared for The Grove at Merced Specific Plan project at 1912 West Merced Avenue in the City of West Covina (proposed project) and adopted in connection with the approval of the proposed project. The intent of this MMP is to establish the following: (1) Verify satisfaction of the required mitigation measures identified in the IS/MND; (2) Provide a methodology to document implementation of the required mitigation measures; (3) Provide a record of the monitoring program; (4) Identify monitoring responsibility; (5) Establish administrative procedures for the clearance of mitigation measures; (6) Establish the frequency and duration of monitoring; and (7) Utilize existing review processes wherever feasible. 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N C E L o (n m@» N N V U v r '�'-- C m CO ONp@ N r0 yCjO16 d @LCO=-1.C--O.~C N • N@N0 >Z £nNLLD2J QrrU@@@Qm'EN` .yEO0O C@ L_ o f 0. m U d' @ y �') .. @ r C K C@ C y O N d N O @ Ow-C W.0 N @ O_ N E N d c S 2 C 8 2= L L 0 V w V O O @ 0@ N Y N C > T m d 0. N { gyp O@ 1.0 N .-. d N .0. > O E m> N a O p O N ?: E 0 Z N V �p N Q C O _N 01 U T N O r O N E d .0. -0 O C C L V y Zsoom �EOE@��@d2m @.�QME44) v-- .EZa@ W @ u co U ? 0W ATTACHMENT NO.2 RESOLUTION NO.2022-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT NO. 21-01 CHANGING THE GENERAL PLAN LAND -USE DESIGNATION OF 1912 W. MERCED AVENUE FROM NEIGHBORHOOD -LOW TO NEIGHBORHOOD -MEDIUM WHEREAS, there was filed with the City a verified application to change the General Plan land -use designation of 1912 W. Merced Avenue from "Neighborhood Low" (up to 8 units/acre) to Neighborhood Medium (9 to 20 units/acre); and WHEREAS, the Planning Commission, upon giving the required notice, did on the April 12, 2022, conduct a duly advertised public hearing as prescribed by law and voted to recommend the City Council's approval of the above stated application; and WHEREAS, the City Council upon giving the required notice, did on May 17, 2022, conduct a duly noticed public hearing to consider the general plan amendment application; and WHEREAS, studies and investigations made by the City Council and on its behalf reveal the following: 1. The project includes a general plan amendment requesting to amend the land use designation of the property located at 1912 W. Merced Avenue from "Neighborhood Low to "Neighborhood Medium" to allow for development to occur as indicated by the Precise Plan. 2. The project includes a Vesting Tentative Tract Map to allow for the subdivision of the property and sale of the dwelling units. 3. The project includes a precise plan to construct 39 multi -family residential townhome dwelling units, internal drive aisles, common open space, guest parking spaces, and other associated incidental improvements on the 2.26-acre site. 4. The project includes a tree removal permit to remove and replace 38 significant trees on the site. 5. Pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, a MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT has been prepared indicating the project will not have a significant effect on the environment. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein as if set forth herein in full. SECTION 2. The City Council of the City of West Covina hereby adopts General Plan Amendment No. 22-01, amending the land use designation for the subject property as set forth on the Land Use Map of the Land Use Element as shown on Exhibit "A. SECTION 3. Should any provision of this Resolution, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Resolution or the application of this Resolution to any other person or circumstance and, to that end, the provisions hereof are severable. The City Council of the City of West Covina declares that it would have adopted all the provisions of this Resolution that remain valid if any provisions of this Resolution are declared invalid. SECTION 4. 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 17th day of May, 2022. APPROVED AS TO FORM Thomas P. Duarte City Attorney Dario Castellanos Mayor ATTEST Lisa Sherrick Assistant City Clerk I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2022-41 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 17th day of May, 2022, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk EXHIBIT A 1912 W. Merced Avenue F West CovinaUnaluari o senoomisten rn q Hat Ranch Historical CCnte! �P� © OO Q Oran R.R., 'a1 `reoy Hockey Pei arch off Ch of 9.P � S iam G� J hri Jesua Latter_ HnantPE 0 Po Google Edgeeesood High School Indicates the area to be changed from "Neighborhood —Low" to "Neighborhood —Medium" ATTACHMENT NO.3 RESOLUTION NO. 202242 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PRECISE PLAN NO. 21-01 AND TREE REMOVAL PERMIT NO. 20-01 AT 1912 W. MERCED AVENUE WHEREAS, there was filed with the City, a verified application on the forms prescribed in Chapter 26, Article Vl of the West Covina Municipal Code, requesting approval of a Precise Plan to: Construct a 39-unit multifamily residential townhome style development on that certain property described as: Assessor's Parcel Numbers 8467-016-020 in the records of the Los Angeles County Assessor; and WHEREAS, a General Plan Amendment has been submitted to amend the land use designation of the property from "Neighborhood Low" to "Neighborhood Medium" to allow for development to occur as indicated on the project plans; and WHEREAS, a Tentative Tract Map has been submitted to allow for the condominium subdivision of air rights; and WHEREAS, the Planning Commission upon giving the required notice did on April 12, 2022, conduct duly advertised public hearings as prescribed by law to consider said application and voted to recommend the City Council's approval of the above stated application; and WHEREAS, the City Council upon giving the required notice, did on May 17, 2022, conduct a duly noticed public hearing to consider the precise plan and tree removal permit applications; and WHEREAS, studies and investigations made by the City Council and on its behalf reveal the following: 1. The applicant is requesting approval of a precise plan to approve the design and allow the construction of a 39-unit multifamily residential townhome style development. 2. Appropriate findings for approval of a precise plan of design are as follows: a. The proposed development plans and the uses proposed are consistent with the General Plan and any applicable specific plan. b. The proposed development is consistent with adopted development standards for the zone and complies with all other applicable provision of the Municipal Code. C. Granting the permit would not be detrimental to the public interest, health, safety, and welfare and would not unreasonably interfere with the use or enjoyment of property in the vicinity of the subject property. d. The site is physically suitable for the type, density and intensity of the development being proposed, including vehicle access and circulation, utilities, and the absence of physical constraints. e. The architecture, site layout, location, shape, bulk and physical characteristics of the proposed development are compatible with the existing and future land uses, and do not interfere with orderly development in the vicinity. 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 the project will not have a significant effect on the environment. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. On the basis of the evidence presented, both oral and documentary, the City Council makes the following findings: a. The proposed development plans and the uses proposed are consistent with the General Plan and any applicable specific plan. The project is a request for a Precise Plan to allow for the construction of a 39- unit residential development. There will be 78 garage parking spaces and 8 guest parking spaces onsite as well as parallel parking spaces along the Merced Avenue frontage. The applicant is also requesting approval of a General Plan Amendment from Neighborhood- Low to Neighborhood —Medium (NM) to change the allowed residential density to accommodate the proposed density of 17.26 dwelling units per acre. The project is also requesting approval of a Vesting Tentative Tract Map to create individual lots for sale. The proposed project is consistent with the following General Plan policies and actions: Policy 3.3 New growth will complete, enhance, and reinforce the form and character of unique West Covina neighborhoods, districts and corridors. The project will create an appropriate transition from the traditional single- family neighborhood to the west and north towards a higher density along Merced Avenue. The character of the project will be pedestrian -oriented along both street frontages. This infill site will have a distinctive and high -quality residential experience. Policy 3.6 Reduce West Covina's production of greenhouse gas emissions and contribution to climate change, and adapt to the effects of climate change. By promoting infill development, the project creates needed housing without sprawl. This helps reduce impacts to climate change. The site is served by transit, giving residents the option to reduce the use of automobiles. The proposed project is consistent with the following Housing Element Goals: Goal 2 Provide a variety of housing types to accommodate all economic segments of the City. The project will provide attached for -sale housing. The attached housing will come in three floor plans. The variety of layouts and size will provide options to the buyers and assist the City in meeting housing production requirements of the Housing Element. The project creates infill residential development with high quality architecture. It will provide for -sale housing at a density that should support a more affordable product. It will be compatible with the single-family neighborhood to the north, west, and east and with the Masonic Lodge and Hurst Ranch to the south of the project site. b. The proposed development is consistent with adopted development standards for the zone and complies with all other applicable provisions of the Municipal Code. The project conforms to the proposed General Plan designation of Neighborhood —Medium (NM), and the standards of the Grove at Merced Specific Plan, and all other applicable development standards in the Zoning Code. c. Granting the permit would not be detrimental to the public interest, health, safety, and welfare and would not unreasonably interfere with the use or enjoyment ofproperty in the vicinity of the subject property. The proposed project is on a triangular shaped vacant lot that was previously developed with school. The site will be developed according to applicable development standards. The project is designed to be compatible with adjacent residential development. The project will include required parking. The site will be landscaped. Mitigation measures and conditions of approval will ensure that the site is developed such that it will not be detrimental to the public interest, health, safety, and welfare and would not unreasonably interfere with the use or enjoyment of property in the vicinity of the subject property. d. The site is physically suitable for the type, density and intensity of the development being proposed, including vehicle access and circulation, utilities, and the absence ofphysical constraints. The proposed project site is 2.26 acres, flat and is physically suitable for the proposed project and adequate to accommodate the size and shape of the buildings, parking and all required development standards set forth in the West Covina Municipal Code. The site is served by all necessary utilities. Appropriate mitigation measures and conditions of approval will ensure that the site is improved in a manner consistent with City standards. e. The architecture, site layout, location, shape, bulk and physical characteristics of the proposed development are compatible with the existing and future land uses, and do not interfere with orderly development in the vicinity. The buildings utilize Spanish style architecture with a variety of finishes, materials and colors. The two-story buildings are designed to be compatible with and complement the existing neighboring single-family residential homes. New open block walls/fencing will be constructed along the Merced and Van Hom Avenue frontages, and tubular metal fencing will be constructed along the property line separating the site from the Walnut Creek Channel. The proposed residences will have front doors facing the street, enhancing the sense of connectedness to the existing residential community. The design characteristics create an attractive project with architectural interest and substantial landscaping. SECTION 2. Pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, Precise Plan No. 21-01 and Tree Removal Permit No. 20-01 are 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. SECTION 3. The precise plan shall not be effective for any purpose until the applicant (or a duly authorized representative) has filed at the office of the Planning Director, his/her/its affidavit stating he/she/it is aware of, and accepts, all conditions of this precise plan as set forth below. Additionally, no permits shall be issued until the applicant (or a duly authorized representative) pays all costs associated with the processing of this application pursuant to City Council Resolution No. 8690. SECTION 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. SECTION 5. The City Council approves the precise plan subject to the following conditions: PLANNING DIVISION a. Comply with plans reviewed by the Planning Commission on April 12, 2022. b. Approval of this precise plan is contingent upon, and shall not become effective unless and until, approval of General Plan Amendment No. 21-01, Zone Change No. 21-02 and Vesting Tentative Tract Map No. 83576. C. These conditions of approval shall be printed on or attached to the working drawings submitted to the Building Division for approval. d. The approved use shall not create a public nuisance as defined under Section 15-200 of the West Covina Municipal Code. e. The approved use shall be in compliance with the Noise Ordinance (Chapter 15). f. This approval shall become null and void if the building permit is not obtained within two (2) years of the date of this approval, unless as otherwise allowed to be extended per condition J below. g. The applicant shall sign an affidavit accepting all conditions of this approval. h. The applicant shall defend, indemnify, and hold harmless the City of West Covina, its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul, approval of this Precise Plan. The City will promptly notify the applicant of any such claim, action or proceeding against the City and will cooperate fully in the defense. In the event the City determines that it is necessary to take legal action to enforce any of the provisions of these conditions, and such legal action is taken, the applicant agrees to pay any and all costs of such legal action, including reasonable attorney's fees, incurred by the City, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the City should otherwise agree with the applicant to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails in the enforcement proceeding. That any proposed change to the approved site plan, floor plan or elevations be reviewed by the Planning, Building, Fire and Police Departments and that the written authorization of the Planning Director shall be obtained prior to implementation. k. No parking signs shall be posted to ensure that vehicles are not parked on fire lanes and in front of garages. Graffiti -resistant coatings shall be used on all walls, fences, sign structures or similar structures to assist in deterring graffiti. in. Any graffiti that appears on the property during construction shall be cleaned or removed on the same business day. n. All outstanding fees and Development Impact Fees will be due at the time of building permit issuance. o. All new gutters and downspouts shall not project from the vertical surface of the building pursuant to Section 26-568 (a) (3). p. This approval does not include approval of signs; a separate sign permit shall be obtained. All signs shall be required to comply with the City of West Covina Sign Code. q. All approved materials and colors shall be clearly indicated on the plans. r. Areas where a two -foot parking space overhang is utilized shall not be calculated as landscaped area for purposes of complying with minimum landscape requirements. S. All new ground -mounted, wall -mounted and/or roof -mounted equipment not shown on the approved plans shall be screened from all views, in a manner that is architecturally compatible with the main building. Plans and elevations indicating the type of equipment and method of concealment shall be submitted to the Planning Director for review and approval prior to the issuance of building permits. t. The location of new electrical transformers, vaults, antennas, mechanical and all other equipment not indicated on the approved plans must be approved by the Planning Director prior to the issuance of building permit. Provide construction details prior to issuance of a building permit. U. All new pole mounted parking lot lighting shall be accurately indicated on the grading plan and shall be located within landscaped or hardscaped area. Pole locations shall be accurately staked prior to installation by the Engineer. Poles shall be limited to a maximum height of 16 feet. V. All parking facilities shall comply with the "Parking Lot Design and Lighting Standards. w. A lighting plan showing electrolier types and locations, average illumination levels, points of minimum illumination and photometric data in conformance with Planning Commission Resolution No. 2513 and as requested shall be submitted to and approved by the Planning Division and the City Engineer. X. Building and parking lot lighting is required to be architecturally integrated with the building design. Standard security wall packs are not acceptable unless they are provided with hooding that is architecturally compatible with the building. y. The paved areas at the site shall be maintained clean and free of oil stains. All paved areas shall be pressure washed as needed to maintain the site in a clean and orderly manner. Z. That prior to final building permit approval, a detailed landscape and irrigation plan in compliance with AB 1881 and executive order 13-29-15 shall be submitted for all planted areas to be affected by project. Plans shall include type, size and quantity of landscape materials and irrigation equipment. All vegetation areas shall be automatically irrigated and a detailed watering program and water budget shall be provided. All damaged vegetation shall be replaced and the site shall be kept free of diseased or dead plant materials and litter at all times. aa. The landscape plan shall include the planting of at least 19 - 36" box -sized replacement trees pursuant to Tree Removal Permit No. 20-01. The replacement trees shall be identified as such on the landscape plan and shall be installed prior to building permit final. bb. The applicant shall work with the Public Services Department and Engineering Division for the removal of street trees and to identify the proper locations for new street trees. The new street trees shall be identified as such on the landscape plan and shall be installed prior to building permit final. The new street trees shall be a minimum of 36" box -sized trees, unless the City Engineer otherwise requires smaller sized trees. cc. Clinging vines shall be installed on all street facing perimeter retaining or freestanding walls to assist in deterring graffiti. The vines shall be installed prior to building permit final. dd. All trees shall be indicated on the grading plan, including trees on, or near the property line on adjacent properties. The trees shall be marked as to whether they will be preserved or removed. Trees that are preserved should not be topped but should be pruned to preserve their natural form. ee. Prior to the issuance of building permits, the applicant shall submit a detailed wall and fencing plan to the Planning Director for review and approval. Fences and/or walls shall be constructed around all properties, as determined by the Planning Director. Said plan shall indicate the locations for all fences and walls, and shall further indicate the height, materials, and colors for all fences and walls. Perimeter block walls/retaining walls shall be constructed of a decorative material, such as slumpstone or split -face block. The wall and fencing plan shall include the location, design and materials. ff. Any sidewalk, hardscape or parking facility, with potholes, broken, raised or depressed sections, large cracks, mud and/or dust, accumulation of loose material, faded or illegible pavement striping or other deterioration shall be repaired. gg. Prior to requesting a final inspection, the Planning Division shall inspect the development. hh. All new utilities shall be placed underground prior to issuance of Certificate of Occupancy per WCMC 23-273. ii. The applicant shall meet any and all monitoring or reporting requirements necessary to ensure compliance with the mitigation measures contained in the Mitigated Negative Declaration of Environmental Impact as those may be determined by the City, including, but not limited to, entering into an agreement to perform and/or for monitoring and reporting during project construction and implementation. The applicant further agrees it will cease construction of the project immediately upon written notice of a violation of such requirement and that such a provision may be part of any agreement of City and applicant. J. The Zoning Code gives provisions for up to two one-year extensions to keep entitlements active. Therefore, prior to permit expiration, (if building permits have not been obtained) you are urged to file a letter with the department requesting a one-year extension of time. The required submittal is a letter stating the reasons why an extension is needed, as well as an applicable processing fee. Please be advised that the applicant will not be notified by the Planning Department about the pending expiration of the subject entitlement. kk. The new development shall comply with the Development Impact Fees (Ordinance No. 2286 and Resolution No. 2015-81). Development Impact Fees for attached residential development are calculated at $1,298 per unit. The proposed project will have 39 units; the estimated fees are $50,600 (39 x $1,298 = $50,600). The impact fees will be due at the time of building permit issuance. 11. During construction, the delivery of materials and equipment, outdoor operations of equipment, and construction activity shall be limited to the hours between 7:00 a.m. and 8:00 p.m. mm. The project shall comply with to the provisions of the Art in Public Places ordinance (WCMC Section 17-41) prior to issuance of building permits. nn. The applicant shall establish a homeownership assistance program for no less than 5 homes. The homeownership assistance program shall be made available for first-time home buyers with preference provided to existing West Covina residents/and or low- or moderate -income individuals/families. A minimum of $50,000 shall be dedicated to the program. The homeownership assistance program shall be established prior to the approval of the model home marketing complex and shall be reviewed and approved by the Community Development Director and City Attorney's Office. oo. Black metal tree grates shall be installed to protect the City trees and to maintain/provide pedestrian safety. The tree grates shall be installed to the specification of the City Engineer. The property owner and/or Homeowner Association (HOA) shall be responsible for the maintenance, repair, and/or replacement of the tree grates located on the sidewalk in front of the property BUILDING DIVISION a. The second sheet of building plans is to list all conditions of approval and to include a copy of the Planning Decision letter. This information shall be incorporated into the plans prior to the first submittal for plan check. b. New construction development impact fees per unit per Municipal Code Chapter 17 article IV shall be paid prior to the issuance of the building permit. C. School Developmental Fees shall be paid to the School District prior to the issuance of the building permit. d. Fees shall be paid to the County of Los Angeles Sanitation District prior to issuance of the building permit. e. Applicant shall submit a site plan to Building Official for proposed addressing at the same time with the grading or building plan check submittal. An application to assign address shall be filed with Engineering Division. f. In accordance with paragraph 5538(b) of the California Business and Professions Code, plans are to be prepared and stamped by a licensed architect. g. Structural calculations prepared under the direction of an architect, civil engineer or structural engineer shall be provided. h. A geotechnical and soils investigation report is required, the duties of the soils engineer of record, as indicated on the first sheet of the approved plans, shall include the following: i. Observation of cleared areas and benches prepared to receive fill; ii. Observation of the removal of all unsuitable soils and other materials; iii. The approval of soils to be used as fill material; iv. Inspection of compaction and placement of fill; V. The testing of compacted fills; and vi. The inspection of review of drainage devices. The owner shall retain the soils engineer preparing the Preliminary Soils and/or Geotechnical Investigation accepted by the City for observation of all grading, site preparation, and compaction testing. Observation and testing shall not be performed by another soils and/or geotechnical engineer unless the subsequent soils and/or geotechnical engineer submits and has accepted by the Public Works Department, a new Preliminary Soils and/or Geotechnical Investigation. Prior to permit issuance the pdf copy of the soils report shall be provided by the applicant. k. A grading and drainage plan shall be approved by Engineering Division prior to issuance of the building permit. The grading and drainage plan shall indicate how all storm drainage including contributory drainage from adjacent lots is carried to the public way or drainage structure approved to receive storm water. Prior to submitting grading plans to Engineering Department, LID review shall be completed and approved. m. Projects shall comply with the requirements of the NPDES (NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM) prior to issuance of a Demolition, Grading & Building permit. These include requirements for sediment control, erosion control, and construction activities control to be implemented on the project site. n. All State of California disability access regulations for accessibility and adaptability shall be complied with. o. The property shall be surveyed and the boundaries shall be marked by a land surveyor licensed by the State of California. p. Foundation inspection will not be made until the excavation has been surveyed and the setbacks determined to be in accordance with the approved plans by a land surveyor licensed by the State of California. THIS NOTE IS TO BE PLACED ON THE FOUNDATION PLAN IN A PROMINENT LOCATION. q. Electrical plan check is required. r. Mechanical plan check is required. S. Plumbing plan check is required. t. Project shall comply with the CalGreen Residential requirements. U. No form work or other construction materials will be permitted to encroach in to adjacent property without written approval of the affected property owner. V. Separate building permit is required for each detached structure. w. Prior to the issuance of building permit, a written consent shall be obtained from the current easement holder(s) for any proposed development encroaching into existing easement(s). X. All fire sprinkler hangers must be designed, and their location approved by an engineer or an architect. Calculations must be provided indicating that the hangers are designed to carry the tributary weight of the water filled pipe plus a 250-pound point load. A plan indication this information must be stamped by the engineer or the architect and submitted for approval prior to issuance of the building permit. y. Separate permit is required for Fire Sprinklers. Z. The Los Angeles County Plumbing Code requires each building to have a separate and independent connection to the public sewer. Multiple buildings can share a private main line sewer only if the Sewer Covenant is completed and recorded with the Los Angeles County Recorder. aa. Building permits shall not be issued until the final map has been prepared to the satisfaction of the Building Official. a. The second sheet of building plans, grading plans and/or offsite improvement plans is to list all conditions of approval and to include a copy of the Planning Commission Decision letter. This information shall be incorporated into the plans prior to the first submittal for plan check. b. Applicant shall submit a site plan to Building Official for proposed addressing at the same time with the grading or building plan check submittal. An application to assign address shall be filed with Engineering Division. C. A geotechnical and soils investigation report is required, the duties of the soils engineer of record, as indicated on the first sheet of the approved plans, shall include the following: a) Observation of cleared areas and benches prepared to receive fill; b) Observation of the removal of all unsuitable soils and other materials; c) The approval of soils to be used as fill material; d) Inspection of compaction and placement of fill; e) The testing of compacted fills; and f) The inspection of review of drainage devices. d. The owner shall retain the soils engineer preparing the Preliminary Soils and/or Geotechnical Investigation accepted by the City for observation of all grading, site preparation, and compaction testing. Observation and testing shall not be performed by another soils and/or geotechnical engineer unless the subsequent soils and/or geotechnical engineer submits and has accepted by the Public Works Department, a new Preliminary Soils and/or Geotechnical Investigation. e. A grading and drainage plan shall be approved prior to issuance of the building permit. The grading and drainage plan shall indicate how all storm drainage including contributory drainage from adjacent lots is carried to the public way or drainage structure approved to receive storm water. f Stormwater Planning Program LID Plan Checklist ( Form MS4-1 PC) completed by Engineer of Record shall be copied on the first sheet of Grading Plans. The form can be found at the following link httys://www.westcovina.ora/home/showdocument?id-18427 g. Sanitary sewers shall be provided to each "lot" in compliance with Municipal Code Chapter 23, Article 2, and to the satisfaction of the City Engineer. h. Conduct a sewer capacity study of existing sewer facilities that serve the proposed development. The developer shall either pay in -lieu fees equal to the estimated cost (based on Los Angeles County Land Development Division Bond Calculation Sheets) of the proposed development's percentage of design capacity of the existing sewer system prior to the issuance of building permits or provide sewer improvements to deficient sewer segments serving the subject property to the satisfaction of the City Engineer. Prepare a hydrology/hydraulic study of existing and proposed development per the Los Angeles County Hydrology Manual. Adequate provision shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. k. Parking lot and driveway improvements on private property for this use shall comply with Planning Commission Resolution No. 2513 and be constructed to the City of West Covina Standards. Water service facilities shall be constructed to at least meet the requirements for fire flow established by the City's Fire Department and the requirements of the subsequent water purveyor/owner of the facilities. in. Easements contiguous to the street right-of-way shall be granted for utility, street lighting, and traffic signing purposes to the satisfaction of the City Engineer. n. Private street improvements shall comply with Municipal Code Chapter 19, Article 8, and Planning Commission Resolution No. 2519. o. Prior to (issuance of Building Permit) (approval of a final map), all of the following requirements shall be satisfied: a) A final grading and drainage plan showing existing and proposed elevations and drainage structures (and showing existing and proposed on -site and off -site improvements) shall be submitted to and approved by the Planning Department and Engineering Division. b) Arrangements for the installation of streetlights with underground wiring shall be made with Southern California Edison Company. At the time of installation, the applicant shall provide the necessary trenching and backfill. Submit two sets of the subdivision and/or development plans to the Engineering Division, Traffic and Lighting Section, to be used for designing the street lighting system. c) A parking lot lighting plan showing electrolier types and locations, average illumination levels, points of minimum illumination and photometric data in conformance with Planning Commission Resolution No. 2513 and as requested shall be submitted to and approved by the City Engineer. d) An itemized cost estimate based on Los Angeles County Land Development Division Bond Calculation Sheets for all on -site and off -site improvements to be constructed (except buildings) shall be submitted to the Engineering Division for approval. Based upon the approved cost estimates, required fees shall be paid and improvement securities for all on -site and off -site improvements (except buildings) and 100% labor/material securities for all off -site improvements, shall be posted prior to final approval of the plans. e) A soils erosion and sediment control plan shall be submitted to and approved by the Planning Department and Engineering Division p. The proposed subdivision shall conform to West Covina Municipal Code Chapter 20 - Subdivisions. q. Comply with all regulations of the Los Angeles Regional Water Quality Control Board and Article II of Chapter 9 of the West Covina Municipal Code concerning Stormwater/Urban Run-off Pollution control. r. A park dedication in -lieu fee shall be paid to the City of West Covina prior to approval of the final map or prior to issuance of a Building Permit pursuant to Section 20-40 of the Municipal Code. The estimated park fee is approximately 438 x (No. of lots) x $25/sqft (unit price of a developed park). S. Provide will serve letter from the water purveyor that services the project area. t. Project shall be reviewed and approved by the City Traffic Engineer, prior to the issuance of permits. Any improvement measures needed as a result of findings from the traffic study shall be made at the sole cost to the property owner/developer. U. Obtain "will serve letter" from the Los Angeles County Sanitation District for the discharge of sewer into the sewer trunk line. V. Prior to approval of the final map, the applicant shall prepare and submit for approval with the City and County of Los Angeles Sanitation District, a sewer plan for the sewer main and laterals within the private street and connection to the sewer main. w. Provide the dedication of the necessary sewer easements or public utilities easement on the final map. X. The required street improvements shall include those portions of roadways contiguous to the subject property and include: i. Remove and reconstruct existing driveway approaches shall be removed and reconstructed to meet current ADA requirements. ii. Repair all damaged and off -grade curbs, gutters and sidewalks. y. The developer shall either pay an in -lieu fee equal to the estimated cost of street rehabilitation based on Los Angeles County Land Development Division Bond Calculation Sheets prior to the issuance of building permits or provide street rehabilitation work up to centerline of all streets contiguous to subject property. Z. Required street dedications shall include those portions of roadways contiguous to subject property be recorded in the Office of the Los Angeles County Recorder prior to the issuance of any Building Permits and/or Engineering Permits to the satisfaction of the City Engineer. aa. The access rights to interior lots and private streets from public roadways shall be dedicated to the City to the satisfaction of the City Engineer. bb. Sidewalks (with trees in tree wells or in parkways) shall be constructed along roadways contiguous to subject property adjacent to curb or R/W line to the satisfaction of the City Engineer. cc. Replace existing curb ramp at the corner of Merced Avenue and Van Horn Avenue with new curb ramp in accordance with SPPWC Standard Plan 111-5 and as directed by the City Engineer or his/her designee. dd. Reconstruct the driveway approach located at 1912 W Merced Avenue in accordance with SPPWC Standard Plan 110-2, and as directed by the City Engineer or his/her designee. ee. Close existing driveway apron, and install necessary improvements (parkway, landscape, sidewalk, curb and gutter, any others as applicable) to match required adjacent sections, and as directed by the City Engineer or his/her designee. ff. Remove and replace broken and off grade sidewalk in accordance with SPPWC standard plan 113-2, and as directed by the City Engineer or his/her designee. gg. Remove and replace broken and off grade curb and gutter in accordance with SPPWC Standard Plan 120-2, and as directed by the City Engineer or his/her designee. hh. The approved building addresse(s) shall be painted on the curb to the City's standards as required by the Public Works Inspector prior to final inspection. ii. Relocate water meter from the side walk as directed by the City Engineer or his/her designee J. Install new street light to match existing street light standards in the street block, and as directed by the City Engineer or his/her designee. kk. Rehabilitate both Merced and Van Horn Avenues existing AC street pavement along the length of the property frontage to the centerline of the street, and as directed by the City Engineer or his/her designee. 11. Underground all existing and new utility services to the property. mm. Replace any missing street trees as directed by the City Engineer or his/her designee nn. LACFCD approval required for any proposed work encroaching to LACFCD property. FIRE DEPARTMENT a. NFPA 13d Fire Sprinkler System b. Provide/Maintain 26ft Fire Apparatus Access Road and required turnaround in accordance with 2019 CFC Appendix D. Ensure turning radius is 19' inside per plan submitted fire access plan/WCFD spec C. New Fire Flow Test Required d. Required Fire Flow (Each Unit) of 1,000 GPM @ 20 psi for 2 hours e. Ensure 1 fire hydrant within 600 feet of all property lines or an additional hydrant will be required. f. Include fire lane striping and signage in architectural plan submittal. Fire lane identification, painted red curbs, striping and signage must all be completed prior to final. g. 2019 CFC Chapter 33 along with Sec 3308.1/3308.2/3308.3 will be required and enforced for the duration of the project h. Hard -wired smoke and carbon monoxide detectors with battery back-up required. i. Premises identification/address numbers must be added and approved by fire code official prior to final j. Additional Fire Department requirements may be set upon future review of a full set of architectural plans. Fire flow, hydrant & monitoring requirements will require more information and may be subject to change based on modifications involving type of construction, building configuration/square footage, stories in height, and/or fire sprinkler design criteria. SECTION 6. 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 17th day of May, 2022. Dario Castellanos Mayor APPROVED AS TO FORM Thomas P. Duarte City Attorney ATTEST Lisa Sherrick Assistant City Clerk I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2022-42 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 17th day of May, 2022, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk ATTACHMENT NO.4 RESOLUTION NO. 202243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO.83576 AT 1912 W. MERCED AVENUE WHEREAS, there was filed with this Commission a verified application on the forms prescribed in Chapter 26, Article Vl of the West Covina Municipal Code, requesting approval of a tentative tract map to: Subdivide the 2.26-acre site into 39 multi -family condominium air space lots on that certain property described as: Assessor's Parcel Numbers 8467-016-020 in the records of the Los Angeles County Assessor; and WHEREAS, a precise plan has been submitted for the approval to construct 39-unit multifamily residential townhome style, internal drive aisles, common open space, guest parking spaces, and other associated incidental improvements on the 2.26-acre site; and WHEREAS, a General Plan Amendment has been submitted to amend the land use designation of the property from "Neighborhood Low" to "Neighborhood Medium" to allow for development to occur as indicated on the project plans; and WHEREAS, the Planning Commission, upon giving the required notice, did on April 12, 2022, conduct duly noticed public hearings to consider said application and voted to recommend the City Council's approval of the above stated application; and WHEREAS, the City Council upon giving the required notice, did on May 17, 2022, conduct a duly noticed public hearing to consider the tentative tract map application; and WHEREAS, studies and investigations made by the City Council and on its behalf reveal the following: 1. The applicant is requesting approval of a tentative tract map to allow the subdivision of a the 2.26-acre site into 39 multi -family condominium air space lots. 2. The proposed project includes a precise plan for the development of 39-unit multifamily residential townhome style, internal drive aisles, common open space, guest parking spaces, and other associated incidental improvements on the 2.26-acre site. 3. Appropriate findings for approval of a tentative tract map are as follows: a. That the proposed map is consistent with applicable general and specific plans. b. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. C. That the site is physically suitable for the type of development. d. That the site is physically suitable for the proposed density of development. e. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish, wildlife or their habitat_ f. Neither the design of the subdivision nor the type of improvements are likely to cause serious public health problems. g. That the design of the subdivision or the type of improvements will either (i) not conflict with recorded or adjudged easements, acquired by the public at large, for access through or use of, property within the proposed subdivision; or (ii) alternate easements, for access or for use, will be provided, and these will be substantially equivalent to ones previously acquired by the public. 4. Pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, a MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT has been prepared indicating the project will not have a significant effect on the environment. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. On the basis of the evidence presented, both oral and documentary, the City Council makes the following findings: a. The proposed map is consistent with the general plan and any applicable adopted specific plans. An amendment to the City's General Plan land -use map to change the designation of the site from Neighborhood -Low to Neighborhood Medium (NM). As noted in Finding A for the General Plan Amendment, the project is consistent with a number of Goals, Policies and Actions of both the General Plan and the proposed Grove at Merced Specific Plan. b. The design or improvement of the proposed subdivision is consistent with the general plan and applicable adopted specific plans. The project conforms to the proposed General Plan designation of Neighborhood Medium (NM), and the standards of the proposed Grove at Merced Specific Plan, and all other applicable development standards in the Zoning Code. C. The site is physically suitable for the type of development. The proposed project site is 2.26 acres, flat and is physically suitable for the proposed project and adequate to accommodate the size and shape of the buildings, parking and all required development standards set forth in the Grove at Merced Specific Plan and the West Covina Municipal Code. The site is served by all necessary utilities. Appropriate mitigation measures and conditions of approval will ensure that the site is improved in a manner consistent with City standards. d. The site is physically suitable for the proposed density of development. The proposed project type is consistent in form with style recommended by the proposed Grove at Merced Specific Plan. The proposed development will be accessible from a driveway along Merced Avenue. The site is 2.26 acres and, as conditioned, is physically suitable for the proposed project and adequate to accommodate the size and shape of the buildings, parking and all required standards of the proposed Specific Plan subject to the approval of the Zone Change and General Plan amendment. The proposed General Plan designation of Neighborhood Medium allows a maximum density of 20 units per acre. The proposed project density will be 17.26 units per acre. Additionally, there is a condition that requires that CC&Rs be recorded as a part of this project to ensure orderly operation. The site will be developed in accordance with the grading and construction requirements of the West Covina Municipal Code and the City Engineer. e. 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. The site consists of a 2.26-acre vacant parcel previously developed with a school. No known endangered, threatened or rare species or habitats, or designated natural communities, wetlands habitat, or wildlife dispersal, or migration corridors are present on site. A mitigated negative declaration was prepared for the project, which included required mitigation measures for Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Noise, Transportation, Tribal Cultural Resources, and Utilities and Service Systems, to ensure that the project will not cause substantial environmental damage or injure fish, wildlife, or their habitat. f. Neither the design of the subdivision nor the type of improvements are likely to cause serious public health problems. 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 Engineering Division, the Municipal Code, the Uniform Building Code, and other applicable requirements. g. The design of the subdivision or the type of improvements will either (i) not conflict with recorded or adjudged easements, acquired by the public at large, for access through or use of, property within the proposed subdivision; or (ii) alternate easements, for access or for use, will be provided, and these will be substantially equivalent to ones previously acquired by the public. There are no easements on the property that would be affected by implementation of the proposed project. Access to the site will be provided via Merced Avenue. SECTION 2. Pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, the tentative tract is approved subject to the provisions of the West Covina Municipal Code, provided that the physical development of the herein described property shall conform to said plan and the conditions set forth herein which, except as otherwise expressly indicated, shall be fully performed and completed or shall be secured by bank or cash deposit satisfactory to the Community Development Director, before the use or occupancy of the property is commenced and before the Certificate of Occupancy is issued, and the violation of any of which shall be grounds for revocation of said tentative tract map by the Planning Commission or City Council. SECTION 3. The tentative tract shall not be effective for any purpose until the owner of the property involved (or a duly authorized representative) has filed at the office of the Community Development Director, his affidavit stating he is aware of, and accepts, all conditions of this tentative tract map and precise plan, 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. SECTION 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. SECTION 5. The City Council approves Tentative Tract Map No. 83576 subject to the following conditions: PLANNING DIVISION a. Comply with plans reviewed by the Planning Commission on April 12, 2022. b. Approval of this vesting tentative tract map is contingent upon, and shall not become effective unless and until, approval of Precise Plan No. 21-01, Zone Change No. 21-02 and General Plan Amendment No. 21-01. C. These conditions of approval shall be printed on or attached to the working drawings submitted to the Building and Engineering Divisions for approval. d. The approved use shall not create a public nuisance as defined under Section 15-200 of the West Covina Municipal Code. e. The approved use shall be in compliance with the Noise Ordinance (Chapter 15). f. The applicant shall sign an affidavit accepting all conditions of this approval. g. The applicant shall defend, indemnify, and hold harmless the City of West Covina, its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul, approval of this Vesting Tentative Tract Map. The City will promptly notify the applicant of any such claim, action or proceeding against the City and will cooperate fully in the defense. h. In the event the City determines that it is necessary to take legal action to enforce any of the provisions of these conditions, and such legal action is taken, the applicant agrees to pay any and all costs of such legal action, including reasonable attorney's fees, incurred by the City, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the City should otherwise agree with the applicant to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails in the enforcement proceeding. That any proposed change to the approved vesting tentative tract map shall be reviewed by the Planning, Public Works, Fire and Police Departments, and the written authorization of the Community Development Director shall be obtained prior to implementation. The proposed subdivision shall conform to West Covina Municipal Code Chapter 20 - Subdivisions. k. A declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be prepared by the developer/property owner and submitted to the Planning Director and the City Attorney. The CC&R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed, and shall make the City a party thereto, and shall be enforceable by the City. The CC&R's shall be reviewed and approved by the City and recorded prior to the recordation of the final tract map. Written proof of recordation with the Los Angeles County Recorder/Registrar's Office shall be provided to the Planning Division. The applicant shall meet any and all monitoring or reporting requirements necessary to ensure compliance with the mitigation measures contained in the Mitigated Negative Declaration of Environmental Impact as those may be determined by the City, including, but not limited to, entering into an agreement to perform and/or for monitoring and reporting during project construction and implementation. The applicant further agrees it will cease construction of the project immediately upon written notice of a violation of such requirement and that such a provision may be part of any agreement of City and applicant. in. The CC&R's shall include the following: i. No addition of habitable space is permitted. ii. No permanent ground floor patio covers are permitted. iii. The parking or storage of recreation vehicles, such as RVs, boats, trailers, fifth wheels, ATVs, etc, is prohibited. iv. Parking on driving aisles is prohibited. V. Garages shall be used to park vehicles. vi. Trash storage areas in the garages shall be permanently utilized for storing the trash and recycling containers. vii. All exterior maintenance of the common interest structures will be the responsibility of the HOA, including perimeter walls, garage doors, windows, exterior architectural materials and roof. viii. Cleanup of graffiti is the responsibility of the Homeowner's Association (HOA). ix. The homeowner's association shall ensure that the perimeter trees are maintained to not encroach on the neighboring adjacent single-family residential properties. X. The homeowner's association shall allow individual unit owners to install a CCTV system without invading the privacy of neighbors. xi. The homeowner's association shall establish a parking permit program for the guest parking spaces and work with a local towing company to enforce the properties parking regulations. xii. Revisions to the CC&Rs shall require City Council approval. n. The HOA shall be responsible for maintenance of the following: all streets, curbs, and gutters, utilities (sewer and storm drain), perimeter walls, street tree grates, the Merced Avenue and Van Horn Avenue street frontage (including landscaping, sidewalks, and steps), common interest building exteriors, the public common area at the rear of the lot, all public landscaping, all sidewalks and site walls, entrance. o. Prior to the issuance of building permits, the applicant shall draft a Prospective Homebuyer's Awareness Package (PHAP), and submit it to the Planning Director for review and approval. Copies of signed copies of PHAP for all lots shall be submitted to the Planning Division. Such package shall include: i. A standardized cover sheet as approved by the Planning Division. I Zoning and General Plan information. iii. School information. iv. Special assessment district information. V. Utility providers. vi. A copy of the Covenants, Conditions and Restrictions (CC&Rs) applicable to the project. vii. Any additional information deemed necessary by the Planning Division, Planning Commission, or City Council for the full disclosure of pertinent information. P. This approval shall become null and void if the building permit is not obtained within two (2) years of the date of this approval. q. The applicant shall sign an affidavit accepting all conditions of this approval. a. A final tract map prepared by or under the direction of a registered civil engineer or licensed land surveyor shall be submitted to and approved by the City prior to being filed with the Los Angeles County Recorder. b. A soils report is required. C. A preliminary tract map guarantee shall be provided which indicates all trust deeds (to include the name of the trustee), all easement holders, all fee interest holders, and all interest holders whose interest could result in a fee. The account for this title report shall remain open until the final tract map is filed with the Los Angeles County Recorder. d. Easements shall not be granted or recorded within any area proposed to be dedicated, offered for dedication, or granted for use as a public street, alley, highway, right of access, building restriction, or other easements until after the final tract map is approved by the City and filed with the Los Angeles County Recorder; unless such easement is subordinated to the proposed dedication or grant. If easements are granted after the date of tentative approval, a subordination shall be executed by the easement holder prior to the filing of the final tract map. e. Monumentation of tract map boundaries, street centerlines, and lot boundaries is required if the map is based on a field survey. f All conditions from City Departments and Divisions shall be incorporated into the tract map prior to submitting the tract map for review. g. In accordance with California Government Code Sections 66442 and/or 66450, documentation shall be provided indicating the mathematical accuracy and survey analysis of the tract map and the correctness of all certificates. Proof of ownership and proof of original signatures shall also be provided. h. Proof of Tax clearance shall be provided at the time of tract map review submittal. i. Upon submittal of the tract map for review by the City, a letter signed by both the subdivider and the engineer shall be provided which indicates that these individuals agree to submit one (1) blueprints and one sepia mylar and pdf copy on a CD of the recorded map to the City Public Works Department. j. A reciprocal easement for ingress and egress, sanitary sewer, utility, drainage, water shall be provided for each property that does not front on or have direct access to the public way. Services to each property shall be underground and shall be located in a trench within this easement. SECTION 6. 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 17th day of May, 2022. APPROVED AS TO FORM Thomas P. Duarte City Attorney Dario Castellanos Mayor ATTEST Lisa Sherrick Assistant City Clerk I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2022-43 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 17th day of May, 2022, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk ATTACHMENT NO.5 ORDINANCE NO. 2499 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 21-02 AND ADOPTING THE GROVE AT MERCED SPECIFIC PLAN (SP-32) AT 1912 W. MERCED AVENUE WHEREAS, there was filed with this City a verified application on the forms prescribed in Section 26-153 and 26-199 of the West Covina Municipal Code, for the following reclassification: From Single -Family Residential (R-1) to a Specific Plan on that certain property generally described as follows: Assessor's Parcel Numbers 8467-016-020 in the records of the Los Angeles County Assessor; and WHEREAS, local governments are authorized by Government Code section 65450 et seq., to prepare specific plans for the systematic implementation of the general plan; and WHEREAS, the Specific Plan implements the policies of the General Plan by providing an orderly, functional and compatible land use pattern; and WHEREAS, consistent with the request, the applicant has also requested a General Plan Amendment (No. 21-01) to amend the designation of the Land Use Element on the subject property from "Neighborhood Low" to "Neighborhood Medium;" and WHEREAS, consistent with this request, said zone change application is requested to allow for the adoption of a new Specific Plan known as "Specific Plan-32: Grove at Merced Specific Plan"; and WHEREAS, the Planning Commission, upon giving the required notice, did on April 12, 2022, conduct duly noticed public hearings to consider said application and did give all persons interested therein an opportunity to be heard, and voted to recommend the City Council's approval of the above stated application; and WHEREAS, the City Council upon giving the required notice, did on May 17, 2022, conduct a duly noticed public hearing to consider the zone change application; and WHEREAS, studies and investigations made by the City Council and on its behalf reveal the following: 1. The project includes a general plan amendment requesting to amend the land use designation of the property located at 1912 W. Merced Avenue from "Neighborhood Low to "Neighborhood Medium" to allow for development to occur as indicated by the Precise Plan. 2. The project includes a Vesting Tentative Tract Map to allow for the subdivision of the property and sale of the dwelling units. 3. The project includes a precise plan to construct 39 multi -family residential townhome dwelling units, internal drive aisles, common open space, guest parking spaces, and other associated incidental improvements on the 2.26-acre site. 4. The project includes a tree removal permit to remove and replace 38 significant trees on the site. 5. Pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, a MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT has been prepared indicating the project will not have a significant effect on the environment. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Based on the evidence presented, Zone Change No. 21-02 is found to be consistent with the City's General Plan (as amended) and the land uses permitted within said zone classification. SECTION 2. The City Council does hereby approve Zone Change No. 21-02, adopting "Specific Plan-32: Grove at Merced Specific Plan" and changing the zoning designation for subject property as set forth on Exhibit A and amending the Zoning Map of the City of West Covina. SECTION 3. The City Clerk shall certify passage of this ordinance and shall cause the same to be published as required by law. SECTION 4. This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. PASSED, APPROVED AND ADOPTED on this day of , 2022. Dario Castellanos Mayor APPROVED AS TO FORM Thomas P. Duarte City Attorney ATTEST Lisa Sherrick Assistant City Clerk I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do hereby certify that the foregoing Ordinance No. 2499 was introduced at a regular meeting of the City Council held on the 17th day of May, 2022, and adopted at a regular meeting of the City Council held on the _ day of 2022, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk EXHIBIT A 5 kt 8 � p O x ' 19139W. Merced AE Avenue P Oil % saw Masonic Lei p West Covina unified School 0l5Net Horst Ranch Q HlCdl i So cents' P� 0 Orange Rollerc `eRy Hockey Pal TTak"Churchof 91P iam Jec esus CM1nSt of Latter_ G Anent Re OnM1opedmS '%is 14 Google Edg wood High ScM1gol Indicates the area to be changed from "Single Family Residential (R- 1)"to "Specific Plan-32: The Grove at Merced Specific Plan" ATTACHMENT NO. 6 The Grove at Merced New Residential Community in West Covina RC Homes, Inc. welcomes you to stop by and learn about our proposed residential community of 39 attached single-family, two-story townhomes to be built on the vacant property located at 1912 W. Merced Avenue (cross -street is S. Vanhorn Avenue) in West Covina. Please Join Us for a Community Information Meeting: When: Wednesday, February 9, 2022 Between 6:00pm to 8:00pm Where: 1350 E. Cameron Ave. West Covina, CA 91791 Why: To learn more about this proposed new community and meet your neighbors. RSVP: We'd be happy to know you're attending, or just hear from you if you have questions by contacting: hello@rchomesinc.com Light snacks and refreshments will be served. We look forward to meeting you! RC HOMES, INC. awrromiamme im er ATTACHMENT NO. 7 The Grove at Merced Specific Plan Comments & Responses 1912 W. Merced Ave. The Initial Study/Mitigated Negative Declaration (IS/MND) for The Grove at Merced Specific Plan project at 1912 West Merced Avenue (proposed project) was circulated for a 20-day public review period that began on February 22, 2022 and ended on March 14, 2022. The City of West Covina received one written comment on the IS/MND. The California Environmental Quality Act (CEQA) Guidelines Section 15074(b) requires the decision -making body of the lead agency to consider the proposed IS/MND and comments received during the public review process. The comment letter and response are provided in this document, which has been prepared in accordance with CEQA. Table 1 lists the public agency that submitted written comments on the IS/MND, along with the page number on which the commenter's letter response appears. TABLE 1: LIST OF • • Response Letter No. Agency/Individual Date Page No. 1 Los An County Sanitation Districts March 9, 2022 4 The body of the comment letter is separated into individual comments, which are numbered. This results in a tiered numbering system. ky lIMIMI►kI"Ai9=I:A0MNI LOS ANGELES COUNTY SANITATION DISTRICTS Converting Waste Into Resources Ms. Jo -Anne Burns City of West Covina 1444 West Garvey Avenue South West Covina, CA 91790 Dear Ms. Burns: Robert C. Ferrante Chief Engineer and General Manager 1955 Workman Mill Road, Whittier, CA 90601-1400 Mailing Address: P.O. Box 4998, Whittier, CA 90607-4998 (562) 699-7411 • www.lacsd.org March 9, 2022 Ref. DOC 6470367 NOI Response to the Grove at Merced Specific Plan The Los Angeles County Sanitation Districts (Districts) received a Notice of Intent (NOI) to Adopt a Mitigated Negative Declaration (MND) for the subject project on February 25, 2022. The proposed project is located within the jurisdictional boundaries of District No. 22. We offer the following comments regarding sewerage service: 1. The wastewater flow originating from the proposed project will discharge to a local sewer line, which is not maintained by the Districts, for conveyance to the Districts' Joint Outfall H Unit 8J Trunk Sewer, located in Willow Avenue, north of Yarnell Street. The Districts' 15-inch diameter trunk sewer has a 1-1 capacity of 2 million gallons per day (mgd) and conveyed a peak flow of 1.1 mgd when last measured in 2015. 2. The expected average wastewater flow from the project site, described in the MND as 39 townhomes, is 7,605 gallons per day. For a copy of the Districts' average wastewater generation factors, go to 1-2 www.lacsd.org, under Services, then Wastewater Program and Permits, select Will Serve Program, and scroll down to click on the Table 1, Loadings for Each Class of Land Use link. 3. The wastewater generated by the proposed project will be treated at the San Jose Creek Water Reclamation Plant located adjacent to the City of Industry, which has a capacity of 100.0 mgd and currently processes 1-3 an average flow of 61.2 mgd. 4. The Districts are empowered by the California Health and Safety Code to charge a fee to connect facilities (directly or indirectly) to the Districts' Sewerage System or to increase the strength or quantity of wastewater discharged from connected facilities. This connection fee is used by the Districts for its capital facilities. Payment of a connection fee may be required before this project is permitted to discharge to the Districts' Sewerage System. For more information and a copy of the Connection Fee Information Sheet, go to www.lacsd.or¢, under Services, then Wastewater (Sewage) and select Rates & Fees. In determining the impact to the Sewerage System and applicable connection fees, the Districts will determine the user category (e.g. Condominium, Single Family home, etc.) that best represents the actual or anticipated use of the parcel(s) or facilities on the parcel(s) in the development. For more specific information regarding the connection fee application procedure and fees, the developer should contact the Districts' Wastewater Fee Public Counter at (562) 908-4288, extension 2727. 1-4 DOC 6480015.D22 Ms. Jo -Anne Burns March 9, 2022 5. In order for the Districts to conform to the requirements of the Federal Clean Air Act (CAA), the capacities of the Districts' wastewater treatment facilities are based on the regional growth forecast adopted by the Southern California Association of Governments (SCAG). Specific policies included in the development of the SCAG regional growth forecast are incorporated into clean air plans, which are prepared by the South Coast and Antelope Valley Air Quality Management Districts in order to improve air quality in the South Coast and Mojave Desert Air Basins as mandated by the CAA. All expansions of Districts' facilities must be sized and service phased in a manner that will be consistent with the SCAG regional growth forecast for the counties of Los Angeles, Orange, San Bernardino, Riverside, Ventura, and Imperial. The available capacity of the Districts' treatment facilities will, therefore, be limited to levels associated with the approved growth identified by SCAG. As such, this letter does not constitute a guarantee of wastewater service, but is to advise the developer that the Districts intend to provide this service up to the levels that are legally permitted and to inform the developer of the currently existing capacity and any proposed expansion of the Districts' facilities. If you have any questions, please contact the undersigned at (562) 908-4288, extension 2743, or mandyhuffman(a), lacsd.org. Very truly yours, "--O� # Mandy Huffman Environmental Planner Facilities Planning Department MNH:mnh cc: A. Schmidt A. Howard 1-5 DOC 6480015.D22 The Grove at Merced Specific Plan 1912 W. Merced Ave. Comments & Responses LETTER 1 Mandy Huffman, Environmental Planner Facilities Planning Department Los Angeles County Sanitation Districts 1955 Workman Mill Road Whittier. CA 90601-1400 Response 1-1 This comment states that wastewater flow originating from the project site would be discharged to a local sewer line for conveyance, which is not maintained by the Los Angeles County Sanitation Districts (Districts), to the Districts' Joint Outfall H Unit 8J Trunk Sewer. The Joint Outfall H Unit 8J Trunk Sewer has a capacity of 2 million gallons per day (mgd) and conveyed a peak flow of 1.2 mgd when last measured in 2015. Based on the information provided by Districts, the Joint Outfall H Unit 8J Trunk Sewer would have sufficient available sewer capacity to meet the demands of the proposed project. Response 1-2 The comment states that the expected average wastewater flow from the proposed 39 townhome units would be 7,605 gallons per day (gpd). Response to Checklist Question 3.19a in the IS/MND states that the proposed project would result in the generation of approximately 10,140 gpd of wastewater, which is higher than the estimate provided by the comment. The calculation presented in the IS/MND uses the Districts' wastewater generation factor for single-family homes while the Districts' estimated wastewater flow was calculated using the Districts' wastewater generation factor for condominiums. The estimated wastewater generation presented in the IS/MND represents a more conservative analysis. The information provided by this comment does not raise any new significant environmental issue and the impact conclusion would remain the same. The Districts' trunk sewer would have sufficient available sewer capacity and San Jose Creek Water Reclamation Plant (WRP) would have adequate remaining available treatment capacity to accommodate the proposed residences on the project site, and impacts would remain less than significant. Response 1-3 The comment states that wastewater generated by the proposed project will be treated at the San Jose Creek WRP, which has a capacity of 100.0 mgd and currently processes an average flow of 61.2 mgd. Response to Checklist Question 3.19a in the IS/MND states that wastewater generated from the project site would be treated at the San Jose Creek WRP. The WRP treats approximately 58.5 mgd of wastewater and has the capacity to treat up to 100 mgd of wastewater. The IS/MND presents a lower amount of wastewater that is treated at the San Jose Creek WRP than provided by the commenter. Based on the Districts' expected average wastewater flow of 7,605 gpd from the proposed townhomes, the San Jose Creek WRP would have adequate remaining available treatment capacity to accommodate the proposed project. Based on the average wastewater flow of 10,140 that was presented in the IS/MND, which is a more conservative estimate than provided by the Districts, the San Jose Creek WRP would still have adequate remaining available treatment capacity to accommodate the proposed project. The information 4 The Grove at Merced Specific Plan Comments & Responses 1912 W. Merced Ave. provided by this comment does not raise any new significant environmental issues and does not change the impact conclusions. Impacts would remain less than significant. Response 1 4 The comment states that payment of a connection fee may be required before the proposed project is permitted to discharge to the Districts' Sewer System or to increase the strength or quantity of wastewater discharged from connected facilities. The comment also includes information on how to obtain more information regarding the connection fee application procedure and fees, as well as a copy of the Connection Fee Information Sheet. The applicant will be made aware of the sewer connection fee and, if an expansion of the sewerage system is necessary to accommodate the proposed project, the applicant will be required to pay the Districts' capital facilities fee to fund said expansion. Response 1-5 The comment states that the capacities of the Districts' wastewater treatment facilities are based on the regional growth forecast adopted by the Southern California Association of Government (SCAG). The comment further states that all expansions of Districts' facilities must be sized and service phased in a manner that will be consistent with the regional growth forecasts. The available capacity of the Districts' treatment facilities will be limited to levels associated with this regional growth forecast. The letter does not constitute a guarantee of wastewater service but is to advise the developer that the Districts intend to provide this service up to the levels that are legally permitted and to inform the developer of the currently existing capacity and any proposed expansion of the Districts' facilities. The applicant will be made aware of the Districts' intent to provide wastewater services up to the levels that are legally permitted. The existing capacity for the Amar Road Trunk Sewer and at the San Jose Creek WRP is acknowledged. As discussed in Response to Checklist Question 3.14a of the IS/MND, the proposed project is estimated to increase population by 135 persons, which would represent approximately two percent of the projected population increase for the City and would be within the SCAG 2040 population forecast for the City. The information provided by the Districts does not raise any new significant environmental issues and does not change the impact conclusions. Impacts to wastewater facilities would remain less than significant. 5