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Resolution - 8794RESOLUTION NO. 8794 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN AMENDMENT NO. I-92-14, EAST HILLS SPECIFIC PLAN AMENDMENT NO. 7, ZONE CHANGE NO. 633, TENTATIVE TRACT MAP NO. 50037, AND PRECISE PLAN • NO. 834, AND TREE REMOVAL PERMIT NO. 60 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRON- MENTAL QUALITY ACT OF 1970, AS AMENDED. WHEREAS, there was filed with this Commission a verified application on the forms prescribed in Chapter 20 and 26 of the West Covina Municipal Code, requesting approval of General Plan Amendment No, I-92-14, East Hills Specific Plan Amendment No. 7, Zone Change No. 633, Tentative Tract Map No. 50037, and Precise Plan No. 834, and Tree Removal Permit No. 60 to allow the construction of 56 townhouse condominium units on that certain property described as follows: Assessor Parcel Nos. 8277-001-012, and 8277-001-013, as shown on the latest rolls of the Los Angeles County Assessor's records; 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, a Draft Environmental Impact Report ("EIR") was prepared and distributed pursuant to the California Environmental Quality Act (CEQA) and state and local guidelines, rules, regulations and procedures adopted pursuant thereto; and WHEREAS, during the environmental assessment process the City has encouraged open and broad public participation, and has provided the opportunity for.citiz,ens, professional disciplines and public agencies to critically evaluate the environmental documents and the environmental impacts of the proposed actions through, public hearings and consultation with public agencies and private organizations; and WHEREAS, a Final Environmental Impact Report ("EIR"), relating to the proposed development on the site, has been prepared pursuant to said statute, guidelines, rules, regulations and procedures; and WHEREAS, the Draft EIR and the Final EIR has been indepen- dently reviewed by city staff and reflects the independent judgment of the City; and WHEREAS, said Final EIR concludes that all potential adverse impacts associated with the project can be mitigated to a level of insignificance; and WHEREAS, said Final EIR includes: 1. The Draft EIR; 2. Comments and recommendations received on the Draft EIR from agencies or persons consulted, or who otherwise commented on the Draft EIR either at public hearing or by written communications to the City; 3. A list of persons-, organizations, and public agencies commenting on -the Draft EIR; 0148-92/C:CC/EIRGOLDR.ICH/em Resolution No. 8794 EIR/Goldrich/Kest/Industries March 17, 1992 - Page 2 4. Responses of the City to significant environmental points raised in the review and consultation process; and 5. Mitigation measures and monitoring requirements as recommended by staff for project impacts as identified in • Attachment I (attached hereto and incorporated by reference); and WHEREAS, non-compliance with any of 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 Mitigation Monitoring and Reporting Program. Checklist for the subject project (Attachment II); and , WHEREAS, the applicant agrees to implement the aforementioned mitigation measures and monitoring or reporting requirements; and WHEREAS, failure to comply with any of the 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; and WHEREAS, 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; and WHEREAS, the Planning Commission upon giving the required notice, conducted a duly advertised public hearing as prescribed by law on the 24th day of February, 1992, to consider said applica- tions; and WHEREAS, after considering the information contained in the Final EIR with respect to said application, the Planning Commission recommended that the City Council certify the Final EIR. SECTION NO. 1: After receiving and considering all determin- ations, studies, documents, and recommendations, as well as other appropriate public comment, the City Council does hereby certify the Final EIR which has been prepared and completed in compliance with CEQA and State and local guidelines, rules, regulations, and procedures adopted pursuant thereto. SECTION NO. 2: The City Council does hereby recommend that the City Council find with respect to the potential adverse environmental impacts detailed in the Final EIR: a. That based on the information set forth in the Final EIR, • mitigation measures have been incorporated into the project or included as conditions of approval which mitigate or avoid each of the potential adverse environ- mental impacts as discussed in Attachment III, Findings (attached hereto and incorporated by reference). b. No additional adverse impacts will have a significant effect or result in a substantial or potentially substantial adverse change in the environment as a result of the proposed project. 0148-92/C:CC/EIRGOLDR.ICH/em • Resolution No. 8794 EIR/Goldrich/Kest/Industries March 17, 1992 - Page 3 SECTION NO. 3: The City Council does hereby find and determine that all environmental effects identified in the Final EIR,have been reduced to an acceptable level in that: a. All environmental effects that can feasibly be avoided, have been eliminated or substantially lessened as determined through the findings set forth in paragraphs 2.a and b of this resolution. b. Based upon the Final EIR and the documents in the record referenced therein and Attachment I, special economic, social, or other considerations make infeasible the project alternatives identified in said Final EIR. SECTION NO. 4: The City Council does hereby find that the Draft EIR and the Final EIR independently and thoroughly have been reviewed by staff, and represents the independent judgement df the City. SECTION NO. 5: The City Clerk shall certify to the passage of this resolution. PASSED AND APPROVED THIS 17th day of March, 1992. ATTEST: l./l.0 City Cl STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF WEST COVINA ) I Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing Resolution No. 8794 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 March, 1992. 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Name(Print) Department Signature Date ATT A CA M E MT Tl U • hwme NT m ENVIRONMENTAL FINDINGS PURSUANT TO SECTION 15091 OF THE STATE CEQA GUIDELINES, AS AMENDED ■ IIOLT AVENUE TOWNHOMES ■ ■ General Plan Amendment No. 14 ■ East Hills Specific Plan Amendment No. 7 ■ Zone Change No. 633 ■ Tentative Tract No. 50037 ■ Precise Plan No. 834 ■ Tree Removal Permit No. 60 INTRODUCTION Pursuant to Section 15091(a) of the State CEQA Guidelines, as amended, the City of West Covina Planning Commission and City Council shall not approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless they make one or more written findings for each of those significant effects. Each finding shall be accompanied by a brief explanation of its rationale. As conveyed in Sections 15091(a)(1)(2) and (3) of the State CEQA Guidelines, as amended, the possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect asidentified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, social, or otter considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. The findings herein are based upon a Final Environmental Impact Report addressing several discretionary actions which define the proposed project. These discretionary actions, which are subject to the California Environmental Quality Act of 1970, as amended, and whose approval or disapproval are within the Page 1 • • purview of the West Covina Planning Commission and City,Council, 'are as follows: ■ General Plan Amendment No. 14 and East Hills Specific Plan Amendment No. 7 from "Suburban Residential" (2.1 - 4.0 du/ac) to "Medium Residential" (8.1 - 15.0 du/ac). General Plan Amendment No. 14 will also include a textual amendment to the Housing Element of the General Plan. ■ Zone Change No. 633, in order to change the site's current R-A designation (Residential -Agriculture, Area District IV) to MF-15 (Low Density Multiple -Family). ■ Tentative Tract Map No. 50037, in order to subdivide the site into 56 lots for multiple -family attached (28 separate buildings with two units per building) residential development. ■ Precise Plan No. 834 for the design of 56 townhome condominium units on 6.3 acres. ■ Tree Removal Permit No. 60 for the removal and/or relocation of on - site trees. PROJECT DESCRIPTION Exhibit A provides a vicinity map and location of the proposed project, while Exhibit B depicts the project site plan. The requested entitlements would facilitate the development of 56'townhome units within 28 separate buildings on approximately 6.3 acres. The project will feature four different floor plans ranging in size from 1,700 square feet to 2,710 square feet. Total building square footage of the townhomes will be approximately 119,040 square feet. All townhomes will be two stories high (25 feet) and will have two -car garages. They also feature concrete tile roofs, and flagstone veneer along the front and wood -trimmed windows. Plan "A" is the largest at 2,710 square feet and includes four (4) bedrooms and a large entry court and foyer. Plan "B" is 2,700 square feet and will also have four (4) bedrooms. Plan "C" is 2,120 square Page 2 u T N LOS ANGELES COUNTY \ • PdmJ.k f • N—mn • N'eY Cmiw �•.c.nL, Monb JI Exhibit A Regional and Vicinity Location Map Page 3 V e f Exhibit B • Site Plan Page 4 feet with three bedrooms, and Plan "D" will have 1,700 square feet and two bedrooms. All four plans utilize similar architecture which reinforces the identity of the project site as cohesive and well -planned. The primary entry into the site will be from Holt Avenue. A secondary entry • will be from the cul-de-sac at the Temple Way terminus. Both entries will feature electronic security gates. Internal circulation will be via a 28-foot north -south trending main roadway with driveway access to each dwelling unit. Pedestrian access is provided between dwelling units throughout the site. The project will include a common pool and tennis court and will be landscaped throughout. Landscaping will be relatively dense along the project perimeter which will serve to buffer the site from adjacent streets and the freeway. Development of the site will require the existing slope to be re -contoured in a terraced fashion to provide flat building pads. This will involve approximately 60,700 cubic yards of cut earth and approximately 34,100 cubic yards of fill. The natural drainage which bisects the southern portion of the site in an east -west direction will be replaced" by a 16x 10 foot buried concrete culvert. The culvert will not follow the direction of the natural drainage, but will align directly with the culvert which currently exists in Grand Avenue. BACKGROUND The City of West Covina completed an Initial Study for the proposed project on March 15, 1991 pursuant to Section 15063 of the State CEQA Guidelines, as amended. On the basis of the Initial Study, the City found that the proposed project could have possible significant effects upon the environment and determined that an EIR should be prepared which addressed the following issues: ■ Earth (Geotechnical Hazards) ■ Public Services/Utilities ■ Air Quality - Fire Protection ■ Water (Drainage) - Law Enforcement ■ Biological Resources - Education ■ ■ Traffic and Circulation Aesthetics - Parks and Recreation - Maintenance of Public Facilities ■ Noise - Water Supply ■ Land Use Page 5 All other potential impacts were determined not to be significant. Next, in full accord with Section 15082(a) of the aforementioned Guidelines, the City, on March 22, 1991, prepared and circulated a Notice of Preparation (NOP). The State Clearinghouse assigned the following number to the CEQA documentation for the proposed project upon its receipt of the NOP: SCH #91041012. A Draft • EIR was prepared on the basis of the Initial Study and responses to the NOP. The Draft was circulated for public and agency review during the period of November 11, 1991 to December 25, 1991 pursuant to Section 15087 of the State CEQA Guidelines, as amended. Acknowledgement from the State Office of Planning and Research identified the official review period as being November 18, 1991 through January 2, 1992. Additionally, notice of its availability was published in the San Gabriel Valley Tribune on November 11, 1991. Copies of the subject Draft EIR were also made available for public review at the City of West Covina Public Library and at the counter of the City of West Covina Planning Department. Subsequent to release of the Draft EIR for public and agency review, the City determined that an amendment to the Housing Element of the West Covina General Plan should also be included as part of the set of discretionary actions comprising the proposed project and should have been presented and addressed in the Draft EIR. As a consequence, a revised Notice of Completion with pertinent amended text to the Draft EIR was filed with the Stale Clearinghouse, distributed to all recipients of the earlier Draft EIR, and made available for public review at the same aforementioned locations as the Draft EIR. A notice that this Draft EIR amendment was available for review was published in the�San Gabriel Valley Tribune on December 26, 1991. Concurrently, the public and agency review period was . extended from January 2, 1992 to February 10, 1992. Subsequent to the public and agency review period, all comments received upon the Draft EIR, as amended, were evaluated and responded to pursuant to Section 15088 of the amended State CEQA Guidelines and provided in a Response to Comments Volume dated February, 1992. As a result, in accord with Section 15132 of the same aforementioned Guidelines, the amended Draft EIR and Responses Volume combined to form the Final EIR for the proposed project. FINDINGS S a) With regard to earth (geotechnical hazards), air quality, water (drainage), biological resources, traffic/circulation, aesthetics, noise, land use, fire protection, law enforcement, education, parks and recreation, maintenance of public facilities, water supply, and wastewater treatment, that is, all Page 6 potentially significant effects addressed in the Final EIR for the proposed project, the Final EIR concluded that no significant project -induced or cumulative impacts would occur as a result of project implementation. b. With regard to the issues described in a) above, various measures have ' • been required of the, project as conditions of approval, which further assure that a significant environmental effect due to the proposed project shall not occur. These measures are as follows: ■ All grading shall be completed in accordance with Chapter 9'of the City of West Covina Municipal Code and Chapters 29 and 70 of the Uniform Building Code. ■ A grading plan shall be submitted to the City Engineer for review and approval. ■ All recommendations contained in the May 22, 1991 Addendum Ceotechnical Report prepared by Foundation Engineering Co, Inc. regarding foundations, the box culvert, retaining wall, pavement design and earthwork shall be implemented. ■ The site shall be graded to slope away from the foundation of any buildings. Areas where water could pond adjacent to buildings (in planter areas or where walks and drives would create depressed areas) shall be eliminated by use of area drains or placement of fill sloped to drain. ■ Vigorous wetting procedures or other dust palliative measures shall be maintained during earth -moving operations to minimize fugitive dust emissions in compliance with applicable codes and ordinances pertaining to dust suppression requirements (including SCAQMD RULE 403). ■ Roadways shall be swept periodically as determined by the City. Maintenance Director or otherwise cleared of any spilled materials to assist in minimizing fugitive dust. ■ Trucks importing or exporting earthen materials shall be covered or sprinkled with water prior to entering public streets. ■ Heavy-duty construction equipment shall be kept on -site when not in operation to minimize exhaust emissions associated with vehicles repetitiously traveling to and from the project site. Page 7 ■ Construction equipment shall be maintained in proper tune to reduce exhaust emissions. ■ Implement any intended vegetative ground cover as soon as practicable after completion of earth -moving operations to provide effective i soil • stabilization. ■ In addition to other Title 24 requirements, energy -efficient electrical and gas appliances shall be included in all dwelling units. ■ The applicant shall submit a site drainage plan to the City Engineer for review and approval. ■ The applicant shall submit plans for the improvement of the Holt Avenue Drain to the City of West Covina and to the Los Angeles County Flood Control District for review and approval. ■ The applicant's engineer shall coordinate with the engineer of the proposed project to the west across Grand Avenue to ensure integrated drainage improvements. ■ All manufactured slopes shall be protected with suitable groundcover. Native wildflowers such as California poppy and lupine shall be considered. ■ The proposed project shall comply with the City of West Covina Ordinance No. 1849 regarding the preservation, protection, and removal of significant trees, as identified in the tree study conducted by Urban Forestry Consultants dated June, 1991. The final decision regarding which trees are to be preserved will be made upon City review of the final Grading Plan and a detailed Tree Report which outlines tree preservation measures. ■ Prior to the issuance of a grading permit, the applicant shall obtain a 1603 streambed alteration permit from the California Department of Fish and Game. ■ To improve the unacceptable condition at the Grand/I-10 westbound ramp intersection it is recommended that an additional northbound through lane designed to the City's specifications, for a total of three, should replace the two northbound through and one northbound right -turn lanes. This improvement is subject to Caltrans approval. Page 8 ■ The intersection of Holt and Grand Avenues shall be reconstructed to accommodate one left -turn lane, one combined left/through lane and one right -turn lane for the westbound movement. ■ The westbound left -turn lanes 'at the Holt/Grand intersection shall be • approximately 75 feet in width; the shared transition for the intersection and site entrance left -turn pockets shall be approximately 25 feet in length; and the left -turn pocket into the site shall be approximately 50 feet in length.. A left -turn channelization lane shall be constructed from the east curb of the site entrance to a point approximately 100 feet east of the project entrance. ■ A Prospective Homebuyers Awareness Package (PHAP) will be made available to prospective on -site homebuyers by the applicant, as required by the City of West Covina. Among other data, the PHAP shall identify bus stop locations most proximal to the project site. ■ Project landscaping shall be in accordance with the approved landscape plan to act as a visual buffer between on -site and off -site uses. ■ Size and type of trees and shrubs along Grand Avenue shall be minimum specimen 24-inch and 36-inch box size trees and a minimum 5-gallon container size shrub. ■ Both sides of the retaining wall shall be lined with trees to make the wall less visually prominent. ■ All earthwork and grading proposed for site preparation shall be prepared in accordance with the provisions of the May 22, 1991 Addendum Geotechnical Report prepared by Foundation Engineering Co. Inc. ■ Excavation, grading, and other construction -related activities shall be restricted to daytime hours as promulgated in the City's Grading Ordinance (Section 9-17 of the West Covina Municipal Code) and Noise Ordinance (Section 15-95 of the West Covina Municipal Code). ■ Stockpiling and/or vehicle staging areas shall be located as far as practicable from existing noise -sensitive uses. ■ All construction equipment, stationary or mobile, shall be equipped with properly operating and maintained mufflers. Page 9 • 11 ■ All construction equipment shall be stored on the project site during the construction phase to eliminate daily heavy-duty truck trips on vicinity roadways. ■ The applicant shall inform residents, adjacent to the proposed project of grading and/or construction activities at least five (5) calendar days prior to the commencement of said activities. ■ A twelve (12) foot high (above the future grade as shown on the topographical plan) solid wall/berm shall be constructed along the northern property line. A twelve (12) foot high second sound wall shall also be constructed from the northwestern border of the site southerly up to or beyond the second row of housing units. An eight (8) foot wall shall be constructed from the northeastern corner of .the site southerly up to or beyond the fourth row of housing units. ■ Prior to release of certificates of occupancy, noise tests shall be conducted by an acoustical engineer to ensure compliance with the 45 dBA interior noise standard. The test shall be performed over a 24-hour period at three locations determined by the Planning Director. ■ The proposed security gate at the northeast corner of the site shall be solid (i.e., minimum 3/4-inch exterior grade plywood) and have a total height of ten (10) feet above grade at that point. ■ All windows and glass doors facing north in the first row of buildings and facing west in all buildings in the first row along Grand Avenue shall be fitted with a minimum STC 32 window pane assemblies (dual pane assemblies with 1/2-inch air space or 1/4-inch laminated glass). In addition, all northeast and northwest corner rooms in the first row of buildings on the north side of the site shall have a minimum STC 32 window pane assembly. ■ No exterior balconies shall be constructed in the first row of buildings facing north towards the freeway, or in the first row of buildings facing west toward Grand Avenue. ■ Additional hydrants shall be provided at maximum intervals of 300 feet. The water mains serving these hydrants should be a minimum of eight (8) inches in size. Page 10 • • ■ A minimum of 25-foot wide access streets with two means of ingress and egress shall be provided. ■ Project design features shall include adequate street access for ingress and egress, and adequate street signage and address display for emergency vehicles. ■ Municipal code building security and lighting requirements shall be adhered to. ■ The applicant shall pay any fees as required by the Covina Valley Unified School District (currently set at $1.58 per square foot). ■ The project applicant shall pay all required park dedication fees to the City of West Covina prior to the issuance of building permits. ■ The water supply system shall be designed and installed by Valencia Heights Water Company. ■ The City shall require that plumbing fixtures which reduce water usage and loss (i.e., low -volume toilet tanks, Flow control devices for faucets, etc.) as required by Title 24 of the California Administrative Code be utilized. ■ Pursuant to California Health and Safety Code authority to have the County Sanitation Districts charge a fee for the privilege of connecting to their sewer system, the applicant shall pay a connection fee prior to the issuance of a sewer connection permit. c) Implementation of the aforementioned measures are assured in that they are contained in a Mitigation Monitoring and Reporting Program (MMRP) prepared pursuant to Section 21081.6 of the Public Resources Code. The subject MMRP is incorporated herein by reference. d) The Final EIR, despite concluding that no significant project -specific or cumulative impacts would occur as a result of the proposed project, also assessed three alternatives to the proposed project, that of No Project, as required by Section 15126(d)(2) of the State CEQA Guidelines, as amended, an Alternative Consistent With Existing Zoning, and a Clustered Townhomes alternative. The No Project alternative and the Alternative Consistent With Existing Zoning were found to be environmentally superior to the proposed project, while the Clustered Towtthotnes alternative was Page 11 • • determined to be environmentally inferior to the project as proposed. However, in that the proposed project will not result in any significant project -specific or cumulative impacts, all three alternatives were rejected in favor of the proposed project. • Page 12