Resolution - 8834R E S O L U T I O N N O. 8834
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL
IMPACT REPORT AND ADDENDUM FOR ZONE CHANGE NO. 629,
TENTATIVE TRACT MAP NO. 46763, AND PRECISE PLAN NO. 822,
INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA
• ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED.
WHEREAS, there was filed with the Planning Commission a
verified application on the forms prescribed in Chapter 20 and 26
of the West Covina Municipal Code, requesting approval of Zone
Change No. 629, Tentative Tract Map No. 46763, and Precise Plan
No. 822 to allow the construction of a 121-unit single-family
residential detached patio home development on that certain
property described as follows:
That portion of Lot 363 of Tract No. 606, in the City of West
Covina, County of Los Angeles, State of California, as per map
recorded in Book 15 Pages 142 and 143 of Maps, in the Office
of the County Recorder of said County, described as follows:
Beginning at the most southerly corner of Tract No. 12505, as
per Map recorded in Book 337 Pages 43 and 44 of aforesaid
Maps, said corner being a point in the southeasterly line of
said Lot 363; thence along said southeasterly line of said
Lot, south 41 degrees 30 minutes 00 seconds west, 700.00 feet;
thence parallel with the southwesterly line of said Tract
No. 12505, north 48 degrees 28 minutes 50 seconds west,
927.71 feet to the northwesterly line of said Lot 363; thence
along said northwesterly line of said Lot, north 41 degrees
30 minutes 30 seconds east, 700.00 feet to said southwesterly
line, south 48 degrees 28 minutes 50 seconds east, 927.61 feet
to the point of beginning; 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, individually or
cumulatively have an adverse effect on wildlife resources, as
defined in Section 711.2 of the Fish and Game Code; 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 citizens, 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, an Addendum to the Final EIR was prepared in May,
1992, to assess the potential environmental effects of the
modification to the originally proposed project; 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
0368-92/C:CC/EIRAPPEA.L
Resolution No.8834
APPEAL/EIR/TTM/46763/Tonopah
June 16, 1992 Page 2
WHEREAS, the Draft EIR, Final EIR, and Addendum has been
independently reviewed by staff and reflects the independent
judgement of the City; and
WHEREAS, said Final EIR and Addendum 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;
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
6. The Addendum to Final EIR, dated May 1992; 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 I); 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 costs and expenses of any enforcement activities,
including, but not limited to, attorney's 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; 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 27th day of January, 1992, to consider said application
as previously proposed, advised the applicant to consider modifying
the project and continued the public hearing to the Planning
Commission meeting of May 11, 1992, which was continued again to
May 26, 1992; and
0368-92/C:CC/EIRAPPEA.L
Resolution No.8834
APPEAL/EIR/TTM/46763/Tonopah
June 16, 1992 - Page 3
WHEREAS, the Planning Commission upon giving the required
notice, conducted a duly advertised public hearing as prescribed by
law on the 26th day of May, 1992, and adopted a resolution
recommending that the City Council certify the Final Environmental
Impact Report and Addendum; and
. WHEREAS, the City Council has reviewed and considered the
information contained in the Final EIR and Addendum with respect to
said application.
SECTION NO. 1: After receiving and considering all determin-
ations, studies, documents, and recommendations, as well as other
appropriate public comments, the City Council does hereby certify
the Final EIR and Addendum 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 find with respect
to the potential adverse environmental impacts detailed in the
Final EIR and Addendum:
a. That based on the information set forth in the Final EIR
and Addendum, mitigation measures have been incorporated
into the project or included as conditions of approval
which mitigate or avoid each of the potential adverse
environmental impacts as discussed in
Attachment II, 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.
SECTION NO. 3: The City Council does hereby find and
determine that all environmental effects identified in the Final
EIR and Addendum 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 Addendum and the documents
in the record referenced therein and Attachment II,
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, Final EIR and Addendum, independently and thoroughly
have been reviewed by staff, and represents the independent
judgement of the City.
SECTION NO. 5: The City Clerk shall certify to the passage of
this resolution.
PASSED AND APPROVED THIS 16th day of June, 1992.
/ Mayor
0368-92/C:CC/EIRAPPEA.L
Resolution No.8834
APPEAL/EIR/TTM/46763/Tonopah
June 16, 1992 Page 4
ATTEST:
• City Clerk
I, Janet Berry, City Clerk of the City of West Covina, do hereby
certify that the foregoing Resolution was regularly introduced and
placed upon its first reading at a regular meeting of the City
Council on the 16th day of June, 1992. That, thereafter, said
Resolution was duly adopted on the 16th day of June, 1992.
I
AYES: Manners, Jennings, Wong
NOES: McFadden, Herfert
ABSENT: None
APPROVED AS TO FORM:
F:2iga�1�e11 D� cf igLnn
City Attorney
0368-92/C:CC/EIRAPPEA.L
V
City Clerk
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ENVIRONMENTAL FINDINGS PURSUANT TO SECTION
15091 OF THE STATE CEQA GUIDELINES, AS AMENDED
Pacific Palms Specific Plan (No. 7)
Zone Change No. 629
Tentative Tract Map No. 46763
Precise Plan No. 822
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 as identified 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 other 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 and
Addendum 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
Page I
ATTACHMENT II
•
disapproval are within the purview of the West Covina Planning Commission and
City Council, are as follows:
■ Zone Change No. 629, in order to change the site's current R-1
(Single -Family Residential, Area District II) designation to SP
(Specific Plan Zone 7) and adoption of the Pacific Palms
Specific Plan;
■ Tentative Tract Map No. 46763, for Condominium purposes,
in order to subdivide the site into 121 lots for single-family
residential development, and additional lots for private streets,
open -space areas, and a recreation area; and,
■ Precise Plan No. 822 for the construction of a planned
residential development consisting of 121 detached single-family
homes and appurtenant facilities.
PROJECT DESCRIPTION
Prior to describing the proposed project, it should be noted that its description
represents a modification of a prior proposal reviewed and considered by the City
of West Covina Planning Commission on January 27, 1992. Based upon public
testimony received during the project's public hearing and subsequent input from
the Planning Commission, the applicant opted to modify and resubmit the then -
proposed project at a later time. As stated above, the following project
description describes the proposed project as modified.
Exhibit A provides a vicinity map and location of the proposed project. The
Pacific Palms Specific Plan is included herein by reference. The Pacific Palms
Specific Plan and associated entitlements would facilitate the development of a
13.5± acre site with 121 single-family residential units, a recreational area (pool,
spa, picnic facilities), and an open space area in conformance with Specific Plan
criteria. These criteria include site development standards and infrastructure
requirements.
The project will be completed in eight phases, with each successive phase built
is in response to market demand. Phase 1 construction will consist of 20 units
(including 5 models), Phase 2 proposes the completion of 15 units, and
construction of Phases 3-8 will consist of between 12 and 17 units each. This
Page 2
•
T
N
s
Exhibit A
Regional and Vicinity Location Map
Page 3
•
•
phasing schedule is subject to change depending on market requirements, but the
maximum number of units is limited to 121.
A Landscape Concept Plan is outlined in the Specific Plan. Objectives for
landscaping include providing a "park -like" living environment; establishing a
landscape style which complements the architecture; use of landscaping which is
compatible with the surrounding neighborhood; and creation of a landscape
system which is easily maintained and cost-effective. A "park -like" atmosphere
will be achieved through staggered tree plantings, plentiful turf and shrubbery,
and provision of the recreation area with open turf and barbecue area. Access
into the project site is limited to two entrances along Sunset Avenue. The
southern entrance will be accessible from a northbound left -turn pocket. Internal
circulation consists of two connecting 32-foot wide loop private roadways. The
project will provide 28 off-street and 40 on -street guest parking spaces in the
interior of the development and 32 on -street parking spaces along the perimeter
streets. Parking for residents will be provided by two -car garages in all units
plus adequate space, on driveways to accommodate two additional vehicles.
BACKGROUND
The City of West Covina completed an Initial Study for the proposed project on
March 18, 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:
■ Air Quality
■ Traffic and Circulation
■ Water (Drainage)
■ Visual Resources
■ Noise
■ Land Use
■ Natural Resources
■ Recreation
■ Public Services/Utilities
- Fire Protection
- Law Enforcement
- Education
- Maintenance of Public Facilities
- Electricity
- Natural Gas
- Water Supply
- Sewage Disposal
- Solid Waste Disposal
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 27, 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 #91041067. A Draft
EIR was prepared on the basis of the Initial Study and responses to the NOP.
Page 4
The Draft was circulated for public and agency review during the period of
October 28, 1991 to December 12, 1991 pursuant to Section 15087 of the State
CEQA Guidelines, as amended. Additionally, notice of its availability was
published in the San Gabriel Valley Tribune on October 22, 1991 and mailed to
residents within a 300- to 500-foot radius of the subject site. 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 the public and agency review period, all comments
received upon the Draft EIR were evaluated and responded to pursuant to Section
15088 of the State CEQA Guidelines, as amended, and provided in a Response
to Comments Volume dated January, 1992. As a result, in accord with Section
15132 of the same aforementioned Guidelines, the earlier Draft EIR and
Responses Volume combined to form the Final EIR for the proposed project.
As mentioned under Project Description above, on January 27, 1992 the
previously proposed project and Final EIR came before the West Covina Planning
Commission for review and consideration. As also mentioned previously, based
on public testimony received during the project's public hearing and subsequent
input from the Planning Commission, the applicant opted to modify and resubmit
the previous proposed project at a later date.
Upon reviewing the modified proposed project as resubmitted, the City of West
Covina, as Lead Agency, found: 1) that the modified proposed project would
require only minor technical changes to the January 1992 Final EIR in order to
make it adequate under CEQA; 2) that no new potentially significant effects
would be raised as a result of the modified proposal; and, 3) that, based on these
factors, a Final EIR Addendum should be prepared as authorized by Section
15164 of the State CEQA Guidelines, as amended. The Final EIR Addendum
was completed in May 1992.
! W 1�`►M
a) With regard to air quality, traffic and circulation, drainage, visual
resources, noise, land use, natural resources, recreation, fire protection,
law enforcement, education, maintenance of public facilities, electricity,
natural gas, water supply, sewage disposal and solid waste disposal, (all
potentially significant effects addressed in the Final EIR and Addendum for
the previous and modified proposed project), the Final EIR and Addendum
concluded that no significant project -induced or cumulative impacts would
occur as a result of project implementation.
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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:
■ 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 or otherwise cleared, as needed, 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.
■ 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 soil
stabilization.
■ Energy -efficient electrical and gas appliances shall be included in all
dwelling units, in order to decrease stationary source air pollutant
emissions.
■ Prior to issuance of building permits, the applicant shall be required to
construct an on -site drainage system which is consistent with applicable
City of West Covina code/ordinance requirements.
■ The project drainage system will be subject to review and approval of the
City Engineer prior to construction.
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■ South -facing elevations of homes along the southern boundary of the
project site shall have high windows (minimum five-foot sills), or no
windows, on the second story when adjacent to existing single-family
residences.
• ■ Excavation, grading and other construction -related activities, including
repair and maintenance of construction vehicles, shall be restricted to
daytime hours as promulgated in the City's Noise and Grading Ordinances.
■ 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.
■ 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 sound wall along Sunset Avenue shall be seven (7) feet high
(minimum) and shall be constructed prior to occupancy of the units.
■ The privacy wall along the southern border of the property shall be six (6)
feet in height and shall be constructed prior to grading.
■ Double -paned windows shall be provided for south- and east -facing
windows in rooms associated with units 1, 21 37-40, and 115-121.
■ The project applicant shall pay all required park dedication and
maintenance fees to the City of West Covina prior to issuance of building
permits.
■ A minimum of 14 steamer fire hydrants (James Jones model 3700 or
approved equal) shall be flushed and painted by the contractor before Fire
Department approval.
■ 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. Both the hydrant outlet openings shall form a 45-degree angle with
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curb face. The center of the hydrant head outlet openings shall be 18" -
36" above finish grade.
■ Water mains. supplying water to fire hydrants shall be looped and a
minimum of 8" in size.
• ■ On -site water serviceable hydrants shall be provided by developer before
framing is started.
■ A minimum 1,700 gpm fire flow to the site is required. Each fire hydrant
shall flow a minimum of 1,000 gpm.
■ Water mains and hydrants shall be installed as per City of West Covina
Water Department Standards or AWWA Standards.
■ A minimum of 25-foot wide access streets with two means of ingress and
egress shall be provided.
■ There shall be two means of ingress/egress for development, and interior
drives shall provide circulation around complex and vehicle access within
150 feet of any building or portion thereof.
■ All fire lanes shall be properly marked per West Covina Engineering
Department requirements.
■ Project design features shall include adequate street access for ingress and
egress and adequate street signage and address display.
■ Municipal Code building security (Chapter 7, Article XIV) and lighting
requirements (Planning Commission Resolution No. 2513) shall be adhered
to.
■ The project applicant shall pay all required school fees to the West Covina
Unified School District concurrently with, or prior to, the issuance of
building permits.
■ The development of all structures shall comply with all provisions of Title
24 (Energy Conservation) in the California Administrative Code.
■ Any electrical appliances installed in each dwelling unit by the project
developer shall be energy efficient.
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■ All new utilities shall be underground.
■ Any gas appliances installed in each dwelling unit by the developer shall
be energy efficient.
■ The project shall comply with all Fire Department regulations, including
• eight -inch water mains throughout the site, fire hydrants at 300-foot
intervals, and a minimum fire flow of 1,700 gallons per minute.
■ The City shall require that landscaping irrigation plans for common areas,
non-residential uses, and parks include automatic irrigation systems to
ensure watering during early morning or evening hours in order to reduce
evaporation losses.
■ The City shall require 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 (Energy Conservation) of the California Administrative
Code be utilized.
■ Drought -tolerant plants shall be incorporated into project design whenever
possible.
■ 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.
■ The project shall comply with all adopted City regulations regarding waste
disposal and waste reduction (including those source reduction and
recycling requirements as may be adopted by the City in accordance with
Assembly Bill 939).
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 assessed two alternatives to the proposed project, that of No
Project, as required by Section 15126(d)(2) of the State CEQA Guidelines,
as amended, and a Buildout Consistent With Existing Zoning alternative.
Both alternatives were found to be environmentally superior to the project
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•
•
as proposed. However, in that the proposed project will not result in any
significant project -specific or cumulative impacts, both alternatives were
rejected in favor of the proposed project.
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