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Ordinance No. 1204ORDINANCE NO. 1204 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND META HOUSING CORPORATION WHEREAS, the City of Vernon (the "City") and Meta Housing Corporation (the "Developer") desire for Developer to develop certain real property currently owned by the City, which is approximately 2.06 acres in size and is located at 4675 52"d Drive in the City of Vernon (the "Site"); and WHEREAS, the City and the Developer have entered into (or are concurrently entering into) a Disposition and Development Agreement ("DDA") which provides for the City to ground lease the Site to the Developer and for the Developer to agree to develop a housing project (the "Housing Development") on the Site; and WHEREAS, the Housing Development will generally consist of a rental housing complex 'containing forty-five (45) units, with associated parking, landscaping and community facilities, which is intended to implement the City's goals and objectives to provide decent, safe and sanitary housing for persons and families of low and moderate income;and WHEREAS, the City Council has adopted various good governance reform measures to enhance the accountability and transparency of its government to better provide for the welfare of its businesses and residents, including a commitment to at least double the housing stock within the City in order to increase the population of the City; and WHEREAS, the City Council has adopted (or is concurrently adopting) an amendment to the City's General Plan Housing Element which encourages the development of additional housing within the City; and WHEREAS, in order to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic costs of development, the Legislature of the State of California enacted Government Code Section 65864, et- seq., which authorizes City to enter into an agreement with any person having a legal or equitable interest in real property, regarding the development of such property in order to establish certain development rights in such property; and WHEREAS, Section 26.4.5 of the Vernon Municipal Code provides that residential uses are permitted in the Housing (H) Overlay Zone with a development agreement, and that development standards for a residential project shall be established pursuant to the development agreement; and WHEREAS, the City and the Developer have prepared the form of the attached development agreement for the Housing Project (the "Development Agreement"), the purpose of which is to adopt standards for the development of the Housing Development on the Site in accordance with Section 26.4.5 of the Vernon Municipal Code and Government Code Section 65865.2; and WHEREAS, on February 19, 2013, the City Council adopted Resolution No. 2013-31, approving a Mitigated Negative Declaration prepared for the Housing Development, specifically including the Housing Development and the Development Agreement in the Project Description, which concludes that the Housing Development and the Development Agreement will have no significant adverse impact on the environment, provided that specified mitigation measures are implemented. - 2 - NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: Recitals. The City Council hereby finds and determines that all of the foregoing recitals are true and correct. SECTION 2: Purpose and Authority. The purpose of this Ordinance is to approve a Development Agreement with Meta Housing Corporation. This ordinance is authorized pursuant to Government Code Section 65864 through 65860.5. SECTION 3: Findings. In adopting this ordinance, the City Council makes the following findings: a) The proposed Development Agreement is consistent with the objectives, policies, and general land uses and programs of the City of Vernon General Plan; and b) The proposed Development Agreement will not be detrimental to the health, safety and general welfare of persons residing in the immediate area, or detrimental to the general welfare of residents of the City as a whole; and c) The proposed Development Agreement will not adversely affect the orderly development of property or preservation of property values; and d) The proposed Development Agreement is consistent with the provisions of Government Code Sections 65864 through 65869.5; and e) The City Council has held a duly noticed public hearing on the proposed Development Agreement, and has considered the testimony presented at such public hearing; and f) A Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act (CEQA) and the City - 3 - has approved the Mitigated Negative Declaration in accordance with the requirements of CEQA. SECTION 4: Action. The City Council hereby approves the Development Agreement in substantially the form presented to the City Council, and attached hereto. The Mayor or Mayor Pro-Tem is hereby authorized and directed to execute the Development Agreement for and on behalf of, the City of Vernon, and the Interim City Clerk, or Deputy City Clerk, shall attest thereto. SECTION 5: Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. SECTION 6: Book of Ordinances. The Interim City Clerk, or Deputy City Clerk, shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the Interim City Clerk's, or Deputy City Clerk's, certification to be entered in the Book of Ordinances of the Council of this City. The Interim City Clerk, or Deputy City Clerk, shall cause this ordinance to be published or posted as required by law. - 4 - SECTION 7: This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.. APPROVED AND ADOPTED this 51h day of March, 2013. APPROVE FORM: -?icl i'► Nicholas George Rodriguez, City.Attorneys p Name: William Davis Title: Mayor / aye,^ nr _rn 0 Jon E.�doetz, Es CIO i Kronc Moskowitz, Tiedemann & Girard, Special Counsel to City - 5 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, DANA REED,, Interim City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1204, was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, February 19, 2013, and thereafter adopted at a meeting of said City Council held on Tuesday, March 5, 2013, by the following vote: AYES: Councilmembers: Mayor Davis, Mayor Pro- Tem McCormick, Maisano, Martinez, Ybarra NOES: Councilmembers: None ABSENT: Councilmembers: None And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of March 5, 2013, at Vernon, California. (SEAL) ATTACHMENT TO ORDINANCE NO. 1204 DEVELOPMENT AGREEMENT RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 Attn: City Clerk nxcmpi from recoramg tee pursuant Sections 6103 and 27383 DEVELOPMENT AGREEMENT This Development Agreement ("Agreement") is made and entered into as of 2013, by and between the City of Vernon, a California charter city and municipal corporation ("City"), and Meta Housing Corporation, a California corporation ("Developer"). RECITALS A. The City and the Developer desire for Developer to develop certain real property currently owned by the City, as more fully described in the Legal Description which is attached hereto as Exhibit "A" and incorporated herein (the "Site"). The Site is approximately 2.06 acres in size and is located at 4675 52ad Drive in the City of Vernon. B. The City and the Developer have entered into a Disposition and Development Agreement ("DDA") which provides for the City to ground lease the Site to the Developer and for the Developer to agree to develop a housing project (the "Housing Development") on the Site. The Housing Development will generally consist of a rental housing complex containing forty-five (45) units, with associated parking, landscaping and community facilities. Such development is intended to implement the City's goals and objectives to provide decent, safe and sanitary housing for persons and families of low and moderate income. C. In order to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic costs of development, the Legislature of the State of California enacted Government Code section 65864, et seq., which authorizes City to enter into an agreement with any person having a legal or equitable interest in real property, regarding the development of such property in order to establish certain development rights in such property. D. Section 26.4.5 of the Vernon Municipal Code provides that residential uses are permitted in the Housing (H) Overlay Zone with a development agreement, and that generally applicable development standards may be revised pursuant to the development agreement. 1018312.2 E. The purpose of this Agreement is to adopt standards for the development of the Housing Development on the Site in accordance with Section 26.4.5 of the Vernon Municipal Code and Government Code Section 65865.2. F. The City Council has found that this Agreement is consistent with its General Plan; that this Agreement is in conformity with public convenience, general welfare, and good land use practice; that this Agreement will not be detrimental to the health, safety, or general welfare; and that this Agreement will not adversely affect the orderly development of property or the preservation of property values. G. On 2013, the City Council adopted Resolution No. _ approving a Mitigated Negative Declaration prepared for the Housing Development, and specifically including the Housing Development and this Agreement in the Project Description. The Mitigated Negative Declaration concludes that the Housing Development and this Agreement will have no significant adverse impact on the environment, provided that specified mitigation measures are implemented. H. On 2013, the City Council adopted Ordinance No. _ approving this Agreement. NOW, THEREFORE, with reference to the above recitals, and in consideration of the mutual promises, covenants and conditions hereinafter set forth, the City and Developer agree as follows: 1. Permitted Uses and Development. The permitted uses of the Site, the density and intensity of use thereon, the maximum height and size of proposed buildings on the Site, and provisions for reservation and dedication of land for public purposes, shall be in accordance with Exhibit `B" hereto, which is incorporated herein. 2. Term of Agreement. This Agreement shall commence upon the Effective Date and shall continue in force for a period of [five (5)] years unless extended or terminated as provided herein. This Agreement shall terminate upon the expiration of the term or when the Site has been fully developed and all of Developer's obligations in connection therewith are satisfied as determined by the City, whichever occurs first. In the event that the DDA is terminated, either party may also terminate this Agreement by written notice to the other party. Upon termination of this Agreement, the City shall record a notice of such termination. 3. Vested Right to Develop the Site. During the term of this Agreement, Developer shall have a vested right to develop the Housing Development in accordance with Exhibit "B" and all ordinances, resolutions, rules, minute orders, regulations, and official policies of the City applicable to development and occupancy of the Site in effect on the Effective Date, including those governing the issuance of permits and approvals for the Project and the planning and zoning policies applicable to the Project as set forth in the Planning Documents (the "Applicable Rules and Regulations"). 1018312.2 4. Applicable Rules and Regulations. The Applicable Rules and Regulations shall apply to the development of the Site during the term of this Agreement, subject to the following exceptions: a. State and Federal Laws. As provided in Government Code §65869.5, and notwithstanding any other provisions of this Agreement, this Agreement shall not preclude the application to the Site of changes in City laws, regulations, plans or policies to the extent that such changes in the City laws, regulations, plans or policies are specifically mandated and required to be applied to the Site by changes in state or federal laws or regulations enacted after the Effective Date of this Agreement. If changes in state or federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more provisions of this Agreement, such provisions of the Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. b. Health and Safety. Nothing in this Agreement shall prevent City from enacting ordinances, resolutions, rules, regulations or policies necessary to protect the citizens of the City from an immediate adverse risk to health or safety. Developer shall be subject to any such ordinances, resolutions, rules, regulations or policies. Developer shall also be subject to ordinances, resolutions, rules, regulations or policies adopted by the City which are not in conflict with the Applicable Rules and Regulations. C. Application, Processing and Inspection Fees. Developer may be subject to application, processing and inspection fees that are revised during the term of this Agreement. Developer shall pay all such application, processing and inspection fees to the extent the fees are uniformly applied to all development within the City. 5. Annual Review. The annual review date for this Agreement (the "Review Date") shall be one year following the Effective Date and the annual anniversary of said date each year thereafter. The City Council, at a regularly scheduled meeting, shall determine whether Developer has demonstrated good faith compliance with the terms and conditions of this Agreement. If the City Council finds and determines that the Developer has complied in good faith with the terms and conditions of this Agreement during the period under review, the review for that period shall be concluded. If the City Council finds and determines, on the basis of substantial evidence, that the Developer has not complied in good faith with the terms and conditions of this Agreement during the period under review, and Developer has been notified and given an opportunity to cure in accordance with the provisions of Section 6 below, the City Council may modify or terminate this Agreement in accordance with State law. In the event that City does not initiate an annual review or that the City Council does not make its determination within six months of the Review Date for a given year, then it shall be deemed conclusive that Developer has complied in good faith with the terms and conditions of this Agreement during the period under review. 6. Default and Remedies. On the occurrence of an event of default, the parties may pursue all other remedies at law or in equity which are not otherwise provided for in this Agreement, expressly including the remedy of specific performance of this Agreement. On the occurrence of an event of default by any party, the nondefaulting party shall serve written notice 1018312.2 of such default on the defaulting party. If the default is not cured by the defaulting party within thirty (30) days after service of such notice of default, the nondefaulting party may then commence any legal or equitable action to enforce its rights under this Agreement; provided, however, that if the default cannot be cured within the thirty (30) day period, the nondefaulting party shall refrain from any such legal or equitable action so long as the defaulting party begins to cure such default within the thirty (30) day period and diligently pursues such cure to completion. Failure to give notice shall not constitute a waiver of any default. After the expiration of the thirty (30) day period (or longer, as applicable), the party alleging default, at its option, may institute legal proceedings under this Agreement or give notice of intent to terminate the Agreement pursuant to California Government Code Section 65868 or may pursue such other administrative remedies as may be appropriate. Following notice of intent to terminate, the matter shall be scheduled for a public hearing before the City Council to review and consider the matter within thirty (30) days. Following consideration of the evidence presented in the review, if no resolution is reached, the party alleging the default may give written notice of termination of this Agreement. 7. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. 8. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a party hereto challenging this Agreement, or any provisions herein, the parties agree to cooperate with each other in good faith to defend the lawsuit. Each party agrees to be liable for its own legal expenses and costs. The City may elect to tender the defense of any lawsuit filed by a third person or entity to Developer to the extent the litigation seeks to overturn or invalidate any approval held by or granted to Developer, and in such event, Developer shall hold the City harmless from and defend the City from all costs and expenses incurred in the defense of such lawsuit, including, but not limited to, attorneys' fees and expenses of litigation awarded to the prevailing party or parties in such litigation. The Developer shall not settle any lawsuit on grounds which include, but are not limited to, non - monetary relief without the consent of the City, which consent shall not unreasonably be withheld. 9. Attorneys' Fees and Costs. If any party initiates any action at law or in equity to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs in addition to any other relief to which it may otherwise be entitled. 10. Transfers and Assignments. Developer's rights under this Agreement may be transferred, sold, or assigned in conjunction with the transfer, sale, or assignment of all or a . portion of the Site at any time during the term of this Agreement; provided that such transfer is in accordance with the DDA. 11. Agreement Runs with the Land. Except as otherwise provided in this Agreement, all of the provisions, rights, terms, covenants, and obligations contained in this Agreement shall be binding on, and inure to the benefit of, the parties and their respective heirs, successors, and assignees, representatives, lessees, and all other persons acquiring the Site, or 1018312.2 any portion of the Site, or any interest therein, whether by operation of law or in any manner whatsoever. 12. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person, sent by certified mail, postage prepaid, or by overnight delivery. To City: City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 Attention: To Developer: Meta Housing Corporation 1640 S. Sepulveda Blvd., Suite 425 Los Angeles, CA 90025 Attention: A party may change its address for notices by giving notice in writing to the other party, and thereafter all notices shall be addressed and transmitted to the new address. Notices shall be deemed given and received on the earlier of personal delivery, or if mailed, on the expiration of 48 hours after being deposited in the United States Mail or on the delivery date or attempted delivery date shown on the return receipt. 13. Recordation of Development Agreement, Amendment, or Cancellation. Within ten (10) days after the Effective Date of this Agreement, the City Clerk shall submit a fully -executed original of this Agreement for recording with the Los Angeles County Recorder. If the parties to the Agreement or their successors in interest amend or cancel the Agreement or if the City terminates or modifies the Agreement for failure of the Developer to comply in good faith with the terms or conditions of the Agreement, the City Clerk shall submit for recording the notice of such action with the Los Angeles County Recorder. IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the date first above written. ATTEST: Dana Reed, Interim City Clerk CITY: CITY OF VERNON, a California charter city and municipal corporation LIN William Davis, Mayor Pro-Tem 1018312.2 5 APPROVED AS TO FORM: Nicholas George Rodriguez, City Attorney Jon E. Goetz, Esq. Kronick, Moskovitz, Tiedemann & Girard, Special Counsel to City DEVELOPER: META HOUSING CORPORATION, a California corporation 0 1018312.2 EXHIBIT "A" LEGAL DESCRIPTION OF PROJECT PARCEL 1 THE WHOLE OF LOTS 45 THROUGH 53 OF TRACT NO. 7923, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113 PAGES 80 TO 83 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT THE PROPERTY SHALL BE SUBJECT TO ANY OVERLYING EASEMENTS CONTAINING 89,513.17 SQUARE FEET (2.06 ACRES), MORE OR LESS. 1018312.2 EXHIBIT `B" DEVELOPMENTSTANDARDS 1018312.2 8 SCOPE OF DEVELOPMENT Vernon Family Apartments is a 45-unit affordable housing development located on a 2.06 acre site at 4675 52nd Drive. A mix of 9 1-bedroom, 22 2-bedroom, and 14 3- bedroom flats will be spread throughout five newly constructed two-story buildings within the site. New construction will also include 74 on -grade parking spaces, a community room with community kitchen, computer room, property management office, police substation facility, meeting room, common laundry facility, a courtyard and barbecue area, tot lot, and community gardens. The project will be constructed to meet LEED Silver certification standards. Meta Housing Corporation has been working closely with the City of Vernon on the design of the project, submitting conceptual plans. Although the City of Vernon is still working with Meta Housing Corporation,on some refinements to the building, the conceptual plans (attached) largely reflect their recommendations and have received approval. The final construction drawings shall be consistent with these plans. PROPERTY DEVELOPMENT STANDARDS The following property development standards and the CEQA Mitigation Measures as defined in the Mitigated Monitoring Reporting Program shall apply to the Project. The satisfaction of the property development standards shall be determined solely by the City of Vernon and is subject to City of Vernon approval. In no case is the Developer relieved of the requirements of any laws, codes or administrative regulations of the State of California or the County of Los Angeles. 1. Interior and Exterior Building Materials and Finishes: The building shall incorporate quality materials and details. Interior unit finishes shall include granite countertops, wood cabinets, panel doors, 5" baseboards, and 3" casing around entrance doors. Maximum use of recycled content materials, sustainably produced materials, pre -coated building materials and non-VOC architectural coatings, as well as durability and minimal maintenance shall be key determinants in selecting all building materials and systems. Exterior roof shall be clay or concrete tiles, or substitute approved by the City of Vernon, and any membrane materials shall meet energy code and green building program requirements for a cool roof. Stone veneers, or a substitute approved by the City of Vernon, shall be used to highlight architectural features of the structures. 2. Mechanical and Telecommunications Equipment and Rooftop Structures Design and Screening: All mechanical and telecommunications equipment shall be enclosed within the building, concealed from view or incorporated and treated as architectural features. All mechanical and telecommunications equipment, rooftop features, roof surfaces and other necessary elements shall be attractively designed and arranged in a sensitive and orderly manner. All equipment and non - architectural elements shall be painted to match the roof or background color. Rooftop screening shall be incorporated into roof designs to block views from the pedestrian level and from adjacent buildings to the greatest extent feasible. All equipment shall serve exclusively the needs of tenants located in the Project and 1018312.2 9 shall be removed when no longer required for service. Telecommunications equipment, intended for general public use, such as cellular telephone antennae and equipment, shall not be permitted. 3. Illumination: All illumination shall be designed to minimize glare, control valent light spillover, and provide ambient and safety lighting along the street frontage, publicly accessible open areas, the courtyard and parking facilities with particular attention paid to pedestrian and vehicular entrances. All illumination shall be energy efficient. 4. Pedestrian Circulation: Pedestrian circulation in front of the development shall be designed to encourage a pedestrian -friendly environment. Attractively designed walkways, enhanced paving materials, landscaping, lighting, decorative and informational graphics and other pedestrian amenities shall reinforce the pedestrian - friendly nature of the Project while integrating it into the existing street pedestrian infrastructure and community. 5. Landscaping, Water Conservation and Surface/Storm Water Management: All outdoor spaces and common areas, including dedication areas, setback areas, courtyards, gardens and shall be attractively landscaped with a variety of treatments, furnishings and lighting and finished in high quality materials. Landscaping and irrigation shall be designed to be aesthetically attractive, durable, low maintenance and water conserving and to maximize site retention of surface and storm water run- off. Any surface/storm water discharge from the site shall be treated as needed on - site prior to discharge to avoid downstream pollution. Storm water discharge shall be in compliance with the LID requirements of the LA County ms4 permit issued by the Los Angeles Regional Water Quality Control Board. The landscaping and irrigation plans shall incorporate drought -resistant plant materials along with water -saving drip/buried-tube irrigation and state-of-the-art water management control systems. Large grass/turf areas and high water usage plants shall be avoided. Landscaping, lighting and furnishings shall include, but not be limited to, street trees, on -site trees and other plant materials, sidewalk, walkway and plaza treatments, street and pedestrian lighting, seating, decorative and information graphics. The landscape/hardscape design shall be coordinated with and shall be compatible in design and consistent in quality with completed and planned public improvements and streetscape programs in the area. 6. Vehicular Access, Circulation and Parking: The Project shall be designed to provide safe and efficient vehicular access, circulation and parking for residents, visitors and employees. Careful separation of pedestrian and automobile circulation zones shall be incorporated into the site design. Vehicle entrance and exit patterns shall be designed to minimize conflicts with. pedestrian circulation. Delineation of pedestrian and auto interface zones shall be provided. Parking shall be provided as required by the City of Vernon and shall be located off-street. Parking shall be well lit, using energy efficient lighting as well as natural light and ventilation where possible, with extensive internal directional signage and graphics to provide ease of 1018312.2 10 access, identification of each parked vehicle location, and way -finding to pedestrian entrances and exits. 7. Driveways and Vehicular Ramps: Driveway locations shall not conflict with traffic movements in the streets. All vehicular entries into the Project shall be given careful design consideration and treated to minimize their visual impact. Driveway design and location shall be subject to City approval. Vehicular ramps shall be designed to minimize any barrier effects to pedestrian movement. 8. Signage: A coordinated Signage Plan for all exterior identification, information and directional signage shall be prepared by the Developer for the Project. The Signage Plan, which shall include the location, size, color, lighting, materials and design of all signs, and logos, shall be compatible with the Project and the surrounding neighborhoods. Signage shall occupy appropriate fields and constitute an integral component of building design and surfaces. A building monument sign shall be installed at the western most parking entrance. The Signage Plan shall be subject to approval concurrently with the building design. 9. Security: The design and operational management of the Project shall be responsive to the security needs of residents, visitors, employees and the general public. All such areas shall be designed, including lighting design, in such a manner as to lend themselves to continual visual surveillance to discourage nuisance activities and conduct. The building and parking shall incorporate appropriate security technology for access control. Any exterior security devices, such as surveillance cameras, shall be integral to and compatible with the design of the Project. The Project shall incorporate exterior lighting which reinforces entrances, provides a safe level of illumination and is compatible with the design of the buildings. The site shall be secured with 6' masonry walls on the North, West, and East property lines. The South property line shall be secured with a wrought iron fence to allow visibility from 52nd Drive. 1.O.Utilities: All on -site and off -site utilities, including data carrier infrastructure, utility connections and related equipment shall be concealed within the building or screened from view, to the extent feasible. 11.Energy Conservation: The Developer shall to the greatest extent feasible, taking into account estimated initial costs, operational savings and incentive program benefits, minimize the energy required to operate the Project over its lifetime and to incorporate "smart building" technology and alternative energy sources. Such energy efficiency shall be accomplished through innovative and state-of-the-art concepts in design and construction. The Developer shall strictly observe and incorporate all energy conservation recommendations and mandated codes such as California Title 24 and shall seek to exceed such statutory and regulatory requirements to the extent feasible. Insulation opportunities, solar shading and solar energy design, building placement and orientation, energy -efficient building cooling, heating, ventilating and lighting strategies and technologies and other energy 1018312.2 11 conservation measures should be considered in the design and is a key component in meeting LEED Silver certification standards. The Project shall be in compliance with the California Green Code. 12.Waste Reduction/Recycling: A Waste Reduction and Recycling Program Plan shall be prepared by the Developer and implemented for the design, demolition and construction stages of the Project and for the management and operation of all occupancies. Facilities shall be provided to accommodate the physical requirements for these identified programs. 13. Density: The residential unit density shall not exceed 45 units. 14. Land Use: The Project shall consist of 45 units of affordable housing development. A mix of 9 1-bedroom, 22 2-bedroom, and 14 3-bedroom flats will be spread throughout five newly constructed two-story buildings within the site. New construction will also include 74 on -grade parking spaces, a community room with community kitchen, computer room, property management office, meeting room, common laundry facility, a courtyard and barbecue area, tot lot, and community gardens. The project will be constructed to meet LEED Silver certification standards. 15.1-leight and Massing: The Project shall not exceed 30 feet in height and shall be articulated through the use of architectural detailing; finish materials, textures and colors; varying setbacks. Building massing shall minimize a box -like appearance by creating openings along the facade. Careful attention shall be paid to the exterior elevations to minimize the bulk of the larger buildings and maximize opportunities to create a pedestrian -scale environment. 16.Building Design: The building design should be consistent with the attached conceptual plans. Landscaping and hardscape designs shall be carefully integrated to provide ease of access, shading, and a pedestrian -friendly design. The residential courtyards shall be richly landscaped with appropriately sized and designed open space elements. CONSTRUCTION SIGNS The Developer shall design, construct and install a construction sign for the Project to comply with the City of Vernon specifications. The sign shall be installed at a prominent location to be approved by the City of Vernon or Designee. DEVELOPMENT APPROVALS AND ENTITLEMENTS The Developer shall comply with Disposition and Development Agreement (DDA) and the mitigation measures contained in the Mitigation Monitoring Reporting Program issued by the 1018312.2 12 City of Vernon and all applicable code, permit, and fee requirements of the United States of America (including A.D.A. requirements), State of California, and the County of Los Angeles. The Developer shall submit plans to the City of Vernon for plan check in a timely fashion to maintain the Schedule of Performance. It shall be the responsibility of the Developer to obtain all permits and other required approvals and entitlements as are necessary and consistent with the DDA to ensure the construction of the Project. The Developer shall dedicate and be responsible for the construction of improvements in public rights -of -way in conformance with the requirements, if any, of the City of Vernon for the Project. Developer shall take all necessary steps and sign all necessary documents in recordable form to create, move or abandon easements and rights of way as may be required by the City of Vernon for the development of the Site in accordance with this Agreement. 1018312.2 13 J,Q, 1018312.2 _ 14 1018312.2 15 11161 Mind, oil i rl� I a 1018312.2 16 5.� 'y� n . ECv4ifIP%i lr aQ" iap5 F F is �. E ; � :aN 4 } 4iF ul W T Yy� S 7 � � a' !J, n i 'z c �.E s f i a I I! I. I� I j.n i rb �� i.:' 11111 V �i a I'llii",: � ICI+. O I 2 1 Q qqpppp STATE OF CALIFORNIA ss COUNTY OF On before me, . Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Notary Public 1018312.2 20 STATE OF CALIFORNIA ss COUNTY OF On , before me, , Notary Public, personally appeared . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Notary Public 1018312.2 21 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: March 5, 2013 TO: Kevin Wilson, Director of Community Services &W,�ater FROM: Deborah Juarez, Records Management Assistant )/U RE: Ordinance No. 1204 — An Uncodified Ordinance of the City Council of the City of Vernon Approving the Development Agreement Between the City and Meta Housing Corporation Transmitted herewith for recordation and proper processing is the original fully executed agreement along with a copy of Ordinance No. 1204 referenced above, which was approved by City Council on March 5, 2013. Please ensure that after recordation that the original is sent to the City Clerk's office. Thank you. Attachments c: Ordinance No. 1204 Agreement No. 13-015 CONTRACT/AMENDMENT SIGNATURE ROUTING FORM CONTRACTOR: C_.o--Yo"ZvaitC�l CONTRACT PURPOSE: k �� I t �^� t Vic < to at r G 2 1"Yu 44 CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE WCOMPETIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID ❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) ❑ SERVICES o MATERIALS o BUDGETED o NOT BUDGETED TOTAL CONTRACT VALUE: $ Charge Aect. No(s) — Amendment Value $ ❑ Contract is an Amendment to. Contract No. " (if Applicable) RESPONSIBLE DEPARTMENT PERSON: Kt4),4 LIUIE16,4 PHONE: Xz95 AUTHORIZATION: 19 Approved by Council on 3- S - l3 (Check One) ,q� Reseltttion No. 17 6 (if applicable) o Approved by City Administrator on Note: Attach supporting documentation oAmendment Approved by (if applicable) ROUTING SEQUENCE: (Please Follow In Order - Do not use N/A) Initials Date (1) Responsible Department Person Checks substance of contract and assembles two (2) copies of Contract, required AA, insurance & bond documents, certifies compliance With Competitive Bidding and Purchasing Ordinance � z r -1 (2) Liability and Claims Approves insurance and sureties, if bonds required —C' (3) Finance (Purchasing) �'Xt4' U 1 Checks compliance with Competitive Bidding & Living Wage Ordinances WO And reflected in current budget (4) City Attorney Approves contract as to form, verifies bonds and insurance included /• " (5) City signatory Signs all copies on behalf of City —� '3 (6) City Clerk Attests signatures, numbers, files contract, insurance, and bonds and returns duplicate original to responsible department for transmittal to contractor Rev. 225/13 Juarez, Debbie From: Wilson, Kevin Sent: Tuesday, March 05, 2013 4:08 PM To: 'Chris Maffris'; Juarez, Debbie; Goetz, Jon Cc: Muro, Eva Subject: RE: Emailing: ORDINANCE NO. 1204 & META HOUSING DEVELOPMENT AGREEMENT Attachments; Doc. No. 20130334907.pdf Attached is a copy of the agreement with the LA County recording number on the front page. -----Original Message ----- From: Chris Maffris [mailto:cmaffris(@metahousine.com] Sent: Tuesday, March 05, 2013 2:12 PM To: Juarez, Debbie; Goetz, Jon Cc: Wilson, Kevin; Muro, Eva Subject: RE: Emailing: ORDINANCE NO. 1204 & META HOUSING DEVELOPMENT AGREEMENT Great news. .Thanks everyone. -----Original Message ----- From: Juarez, Debbie [mailto:DJuarez(aci.vernon.ca.us] Sent: Tuesday, March 05, 2013 12:50 PM To: Chris Maffris; Goetz, Jon Cc: Wilson, Kevin; Muro, Eva Subject: Emailing: ORDINANCE NO. 1204 & META HOUSING DEVELOPMENT AGREEMENT <<ORDINANCE NO. 1204 & META HOUSING DEVELOPMENT AGREEMENT.pdf>> The message is ready to be sent with the following file or link attachments: ORDINANCE NO. 1204 & META HOUSING DEVELOPMENT AGREEMENT Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender. Please destroy the original transmission and its attachments without reading or saving in any manner. 1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: . City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 Attn: City Clerk �� 0310512013 IIIIIIIIIIIIIIIIIIIII UOpV of I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII _ 2013033490707 Has n0i been competed WM oflgmal. prlginel will be returned when processing has been campleted�^ ncrnanta Sections 6103 and DEVELOPMENT AGREEMENT fee pursuant to Government Code This Development Agreement ("Agreement") is made and entered into as of March 5, 2013, by and between the City of Vernon, a California charter city and municipal corporation ("City"), and Meta Housing Corporation, a California corporation ("Developer"). RECITALS A. The City and the Developer desire for Developer to develop certain real property currently owned by the City, as more fully described in the Legal Description which is attached hereto as Exhibit "A" and incorporated herein (the "Site"). The Site is approximately 2.06 acres in size and is located at 4675 52nd Drive in the City of Vernon. B. The City and the Developer have entered into a Disposition and Development Agreement ("DDA") which provides for the City to ground lease the Site to the Developer and for the Developer to agree to develop a housing project (the "Housing Development") on the Site. The Housing Development will generally consist of a rental housing complex containing forty-five (45) units, with associated parking, landscaping and community facilities. Such development is intended to implement the City's goals and objectives to provide decent, safe and sanitary housing for persons and families of low and moderate income. C. In order to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic costs of development, the Legislature of the State of California enacted Government Code section 65864, et seq., which authorizes City to enter into an agreement with any person having a legal or equitable interest in real property, regarding the development of such property in order to establish certain development rights in such property. D. Section 26.4.5 of the Vernon Municipal Code provides that residential uses are permitted in the Housing (H) Overlay Zone with a development agreement, and that development standards for such residential uses may be established pursuant to the development 1018312.3 agreement. E. The purpose of this Agreement is to adopt standards for the development of the Housing Development on the Site in accordance with Section 26.4.5 of the Vernon Municipal Code and Government Code Section 65865.2. F. The City Council has found that this Agreement is consistent with its General Plan; that this Agreement is in conformity with public convenience, general welfare, and good land use practice; that this Agreement will not be detrimental to the health, safety, or general welfare; and that this Agreement will not adversely affect the orderly development of property or the preservation of property values. G. On February 19, 2013, the City Council adopted Resolution No. 2013-31 approving a Mitigated Negative Declaration prepared for the Housing Development, and specifically including the Housing Development and this Agreement in the Project Description. The Mitigated Negative Declaration concludes that the Housing Development and this . Agreement will have no significant adverse impact on the environment, provided that specified mitigation measures are implemented. H. On March 5, 2013, the City Council adopted Ordinance No. 1204 approving this Agreement. NOW, THEREFORE, with reference to the above recitals, and in consideration of the mutual promises, covenants and conditions hereinafter set forth, the City and Developer agree as follows: 1. Permitted Uses and Development. The permitted uses of the Site, the density and intensity of use thereon, the maximum height and size of proposed buildings on the Site, and provisions for reservation and dedication of land for public purposes, shall be in accordance with Exhibit `B" hereto, which is incorporated herein. 2. Term of Agreement. This Agreement shall commence upon the Effective Date and shall continue in force for a period of five (5) years unless extended or terminated as provided herein. This Agreement shall terminate upon the expiration of the term or when the Site has been fully developed and all of Developer's obligations in connection therewith are satisfied as determined by the City, whichever occurs first. In the event that the DDA is terminated, either party may also terminate this Agreement by written notice to the other party. Upon termination of this Agreement, the City shall record a notice of such termination. 3. Vested Right to Develop the Site. During the term of this Agreement,. Developer shall have a vested right to develop the Housing Development in accordance with Exhibit `B" and all ordinances, resolutions, rules, minute orders, regulations, and official policies of the City applicable to development and occupancy of the Site in effect on the Effective Date, including those governing the issuance of permits and approvals for the Project and the planning and zoning policies applicable to the Project as set forth in the Planning Documents (the "Applicable Rules and Regulations"). 1018312.3 2 4. Applicable Rules and Regulations. The Applicable Rules and Regulations shall apply to the development of the Site during the term of this Agreement, subject to the following exceptions: a. State and Federal Laws. As provided in Government Code §65869.5, and notwithstanding any other provisions of this Agreement, this Agreement shall not preclude the application to the Site of changes in City laws, regulations, plans or policies to the extent that such changes in the City laws, regulations, plans or policies are specifically mandated and required to be applied to the Site by changes in state or federal laws or regulations enacted after the Effective Date of this Agreement. If changes in state or federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more provisions of this Agreement, such provisions of the Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. b. Health and Safety. Nothing in this Agreement shall prevent City from enacting ordinances, resolutions, rules, regulations or policies necessary to protect the citizens of the City from an immediate adverse risk to health or safety. Developer shall be subject to any such ordinances, resolutions, rules, regulations or policies. Developer shall also be subject to ordinances, resolutions, rules, regulations or policies adopted by the City which are not in conflict with the Applicable Rules and Regulations. C. Application, Processing and Inspection Fees. Developer may be subject to application, processing and inspection fees that are revised during the term of this Agreement. Developer shall pay all such application, processing and inspection fees to the extent the fees are uniformly applied to all development within the City. 5. Annual Review. The annual review date for this Agreement (the "Review Date") shall be one year following the Effective Date and the annual anniversary of said date each year thereafter. The City Council, at a regularly scheduled meeting, shall determine whether Developer has demonstrated good faith compliance with the terms and conditions of this Agreement. If the City Council finds and determines that the Developer has complied in good faith with the terms and conditions of this Agreement during the period under review, the review for that period shall be concluded. If the City Council finds and determines, on the basis of substantial evidence, that the Developer has not complied in good faith with the terms and conditions of this Agreement during the period under review, and Developer has been notified and given an opportunity to cure in accordance with the provisions of Section 6 below, the City Council may modify or terminate this Agreement in accordance with State law. In the event that City does not initiate an annual review or that the City Council does not make its determination within six months of the Review Date for a given year, then it shall be deemed conclusive that Developer has complied in good faith with the terms and conditions of this Agreement during the period under review. 6. Default and Remedies. On the occurrence of an event of default, the parties may pursue all other remedies at law or in equity which are not otherwise provided for in this Agreement, expressly including the remedy of specific performance of this Agreement. On the 1018312.3 occurrence of an event of default by any party, the nondefaulting party shall serve written notice of such default on the defaulting party. If the default is not cured by the defaulting party within thirty (30) days after service of such notice of default, the nondefaulting party may then commence any legal or equitable action to enforce its rights under this Agreement; provided, however, that if the default cannot be cured within the thirty (30) day period, the nondefaulting party shall refrain from any such legal or equitable action so long as the defaulting party begins to cure such default within the thirty (30) day period and diligently pursues such cure to completion. Failure to give notice shall not constitute a waiver of any default. After the expiration of the thirty (30) day period (or longer, as applicable), the party alleging default, at its option, may institute legal proceedings under this Agreement or give notice of intent to terminate the Agreement pursuant to California Government Code Section 65868 or may pursue such other administrative remedies as may be appropriate. Following notice of intent to terminate, the matter shall be scheduled for a public hearing before the City Council to review and consider the matter within thirty (30) days. Following consideration of the evidence presented in the review, if no resolution is reached, the party alleging the default may give written notice of termination of this Agreement. 7. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. 8. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a party hereto challenging this Agreement, or any provisions herein, the parties agree to cooperate with each other in good faith to defend the lawsuit. Each party agrees to be liable for its own legal expenses and costs. The City may elect to tender the defense of any lawsuit filed by a third person or entity to Developer to the extent the litigation seeks to overturn or invalidate any approval held by or granted to Developer, and in such event, Developer shall hold the City harmless from and defend the City from all costs and expenses incurred in the defense of such lawsuit, including, but not limited to, attorneys' fees and expenses of litigation awarded to the prevailing party or parties in such litigation. The Developer shall not settle any lawsuit on grounds which include, but are not limited to, non - monetary relief without the consent of the City, which consent shall not unreasonably be withheld. 9. Attorneys' Fees and Costs. If any party initiates any action at law or in equity to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs in addition to any other relief to which it may otherwise be entitled. 10. Transfers and Assignments. Developer's rights under this Agreement may be transferred, sold, or assigned in conjunction with the transfer, sale, or assignment of all or a portion of the Site at any time during the term of this Agreement; provided that such transfer is in accordance with the DDA. 11. Agreement Runs with the Land. Except as otherwise provided in this Agreement, all of the provisions, rights, terms, covenants, and obligations contained in this Agreement shall be binding on, and inure to the benefit of, the parties and their respective heirs, 1018312.3 successors, and assignees, representatives, lessees, and all other persons acquiring the Site, or any portion of the Site, or any interest therein, whether by operation of law or in any manner whatsoever. 12. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person, sent by certified mail, postage prepaid, or by overnight delivery. To City: City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 Attention: City Administrator Copy to: City Attorney Copy to: City Director of Community Services and Water To Developer: Meta Housing Corporation 1640 A. Sepulveda Blvd., Suite 425 Los Angeles, CA 90025 Attention: John Huskey With copy to: Bocarsly, Emden, Cowan, Esmail & Arndt, LLP 633 West Fifth Street, 70th Floor Los Angeles, CA 90071 Attention: Nicole Deddens A party may change its address for notices by giving notice in writing to the other party, and thereafter all notices shall be addressed and transmitted to the new address. Notices shall be deemed given and received on the earlier of personal delivery, or if mailed, on the expiration of 48 hours after being deposited in the United States Mail or on the delivery date or attempted delivery date shown on the return receipt. 13. Recordation of Development Agreement, Amendment, or Cancellation. Within ten (10) days after the Effective Date of this Agreement, the City Clerk shall submit a fully -executed original of this Agreement for recording with the Los Angeles County Recorder. If the parties to the Agreement or their successors in interest amend or cancel the Agreement or if the City terminates or modifies the Agreement for failure of the Developer to comply in good faith with the terms or conditions of the Agreement, the City Clerk shall submit for recording the notice of such action with the Los Angeles County Recorder. 1018312.3 IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the date first above written. CITY: CITY OF VERNON, a California charter city and municipal corporation By' y William Davis, Mayor Dana Reed, Interim City Clerk APPROVED S O FORM: c 310 v Nicholas George Rodriguez, City Attorney 4Kronji,oskovlt , Tiedemann & Girard, nsel to City DEVELOPER: META HOUSING CORPORATION, a California corporation By: KASCy $ENlOr- vu..f �ecsl,'L1Er�l� By: .- --7 �— ---. GeogGe M. fzobso c F0/J1t,E Pe65tMkrr 1018312.3 EXHIBIT "A" LEGAL DESCRIPTION OF PROJECT PARCELI THE WHOLE OF LOTS 45 THROUGH 53 OF TRACT NO.7923, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113 PAGES 80 TO 83 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT THE PROPERTY SHALL BE SUBJECT TO ANY OVERLYING EASEMENTS CONTAINING 89,513.17 SQUARE FEET (2.06 ACRES), MORE OR LESS. 1018312.2 7 EXHIBIT G°B" DEVELOPMENTSTANDARDS [To Be Attached] 1018312.3 SCOPE OF DEVELOPMENT Vernon Family Apartments is a 45-unit affordable housing development located on a 2.06 acre site at 4675 52nd Drive. A mix of 9 1-bedroom, 22 2-bedroom, and 14 3- bedroom flats will be spread throughout five newly constructed two-story buildings within the site. New construction will also include 74 on -grade parking spaces, a community room with community kitchen, computer room, property management office, police substation facility, meeting room, common laundry facility; a courtyard and barbecue area, tot lot, and community gardens. The project will be constructed to meet LEED Silver certification standards. Meta Housing Corporation has been working closely with the City of Vernon on the design of the project, submitting conceptual plans. Although the City of Vernon is still working with Meta Housing Corporation on some refinements to the building, the conceptual plans (attached) largely reflect their recommendations and have received approval. The final construction drawings shall be consistent with these plans. PROPERTY DEVELOPMENT STANDARDS The following property development standards and the CEQA Mitigation Measures as defined in the Mitigated Monitoring Reporting Program shall apply to the Project. The satisfaction of the property development standards shall be determined solely by the City of Vernon and is subject to City of Vernon approval. In no case is the Developer relieved of the requirements of any laws, codes or administrative regulations of the State of California or the County of Los Angeles. 1. Interior and Exterior Building Materials and Finishes: The building shall incorporate quality materials and details. Interior unit finishes shall include granite countertops, wood cabinets, panel doors, 5" baseboards, and 3' casing around entrance doors. Maximum use of recycled content materials, sustainably produced materials, pre -coated building materials and non-VOC architectural coatings, as well as durability and minimal maintenance shall be key determinants in selecting all building materials and systems. Exterior roof shall be clay or concrete tiles, or substitute approved by the City of Vernon, and any membrane materials shall meet energy code and green building program requirements for a cool roof. Stone veneers, or a substitute approved by the City of Vernon, shall be used to highlight architectural features of the structures. 2. Mechanical and Telecommunications Equipment and Rooftop Structures Design and Screening: All mechanical and telecommunications equipment shall be enclosed within the building, concealed from view or incorporated and treated as architectural features. All mechanical and telecommunications equipment, rooftop features, roof surfaces and other necessary elements shall be attractively designed and arranged in a sensitive and orderly manner. All equipment and non - architectural elements shall be painted to match the roof or background color. Rooftop screening shall be Incorporated into roof designs to block views from the pedestrian level and from adjacent buildings to the greatest extent feasible. All equipment shall serve exclusively the needs of tenants located in the Project and 1019312.2 shall be removed when no longer required for service. Telecommunications equipment, intended for general public use, such as cellular telephone antennae and equipment, shall not be permitted. 3. Illumination: All illumination shall be designed to minimize glare, control valent light spillover, and provide ambient and safety lighting along the street frontage, publicly accessible open areas, the courtyard and parting facilities with particular attention paid to pedestrian and vehicular entrances. All illumination shall be energy efficient. 4. Pedestrian Circulation: Pedestrian circulation in front of the development shall be designed to encourage a pedestrian -friendly environment. Attractively designed walkways, enhanced paving materials, landscaping, lighting, decorative and informational graphics and other pedestrian amenities shall reinforce the pedestrian - friendly nature of the Project while integrating it into the existing street pedestrian infrastructure and community. 5. Landscaping, Water Conservation and Surface/Storm Water Management: All outdoor spaces and common areas, including dedication areas, setback areas, courtyards, gardens and shall be attractively landscaped with a variety of treatments, furnishings and lighting and finished in high quality materials. Landscaping and irrigation shall be designed to be aesthetically attractive, durable, low maintenance and water conserving and to maximize site retention of surface and storm water run- off. Any surfacelstorm water discharge from the site shall be treated as needed on - site prior to discharge to avoid downstream pollution. Storm water discharge shall be in compliance with the LID requirements of the LA County ms4 permit issued by the Los Angeles Regional Water Quality Control Board. The landscaping and irrigation plans shall incorporate drought -resistant plant materials along with water -saving drip/buried-tube irrigation and state-of-the-art water management control systems. Large grass/turf areas and high water usage plants shall be avoided. Landscaping, lighting and furnishings shall include, but not be limited to, street trees, on -site trees and other plant materials, sidewalk, walkway and plaza treatments, street and pedestrian lighting, seating, decorative and information graphics. The landscape/hardscape design shall be coordinated with and shall be compatible in design and consistent in quality with completed and planned public improvements and streetscape programs in the area. S. Vehicular Access, Circulation and Parking: The Project shall be designed to provide safe and efficient vehicular access, circulation and parking for residents, visitors and employees. Careful separation of pedestrian and automobile circulation zones shall be incorporated into the site design. Vehicle entrance and exit patterns shall be designed to minimize conflicts with pedestrian circulation. Delineation of pedestrian and auto interface zones shall be provided. Parking shall be provided as required by the City of Vernon and shall be located off-street. Parking shall be well lit, using energy efficient lighting as well as natural light and ventilation where possible, with extensive internal directional signago and graphics to provide ease of 10193122 10 access, identification of each parked vehicle location, and way -finding to pedestrian entrances and exits. 7. Driveways and Vehicular vamps: Driveway locations shall not conflict with traffic movements in the streets. All vehicular entries into the Project shall be given careful design consideration and treated to minimize their visual impact. Driveway design and location shall be subject to City approval. Vehicular ramps shall be designed to minimize any barrier effects to pedestrian movement. 8. Signage: A coordinated Signage Plan for all exterior identification, information and directional signage shall be prepared by the Developer for the Project-: The Signage Plan, which shall include the location, size, color, lighting, materials and design of all signs and logos, shall be compatible with the Project and the surrounding neighborhoods. Signage shall occupy appropriate fields and constitute an integral component of building design and surfaces. A building monument sign shall be installed at the western most parking entrance. The Signage Plan shall be subject to approval concurrently with the building design. 9. Security: The design and operational management of the Project shall be responsive to the security needs of residents, visitors, employees and the general public. All such areas shall be designed, including lighting design, in such a manner as to lend themselves to continual visual surveillance to discourage nuisance activities and conduct. The building and parking shall incorporate appropriate security technology for access control. Any exterior security devices, such as surveillance cameras, shall be integral to and compatible with the design of the Project. The Project shall incorporate exterior lighting which reinforces entrances, provides a safe level of illumination and is compatible with the design of the buildings. The site shall be secured with 6' masonry walls on the North, West, and East property lines. The South property line shall be secured with a wrought iron fence to allow visibility from 52nd Drive. 10.Utilities: All on -site and off -site utilities, including data carrier infrastructure, utility connections and related equipment shall be concealed within the building or screened from view, to the extent feasible. 11.Energy Conservation: The Developer shall to the greatest extent feasible, taking into account estimated initial costs, operational savings and incentive program benefits, minimize the energy required to operate the Project over its lifetime and to incorporate °smart building" technology and altemadve energy sources. Such energy efficiency shall be accomplished through innovative and state-of-the-art concepts in design and construction. The Developer shall strictly observe and Incorporate all energy conservation recommendations and mandated codes such as California Title 24 and shall seek to exceed such statutory and regulatory requirements to the extent feasible. Insulation opportunities, solar shading and solar energy design, building placement and orientation, energy -efficient building cooling, heating, ventilating and lighting strategies and technologies and other energy 10193122 11 conservation measures should be considered in the design and is a key component in meeting LEED Silver certification standards. The Project shall be in compliance with the Califomia Green Code. 12.Waste Reduction/Recycling: A Waste Reduction and Recycling Program Plan shall be prepared by the Developer and implemented for the design, demolition and construction stages of the Project and for the management and operation of all occupancies. Facilities shall be provided to accommodate the physical requirements for these identified programs. 13. Density: The residential unit density shall not exceed 45 units. 14.Land Use: The Project shall consist of 45 units of affordable housing development. A mix of 9 1-bedroom, 22 2-bedroom, and 14 3-bedroom flats will be spread throughout fire newly constructed two-story buildings within the site. New construction will also include 74 on -grade parking spaces, a community room with community kitchen, computer room, property management office, meeting room, common laundry facility, a courtyard and barbecue area, tot lot, and community gardens. The project will be constructed to meet LEED Silver certification standards. 15.Height and Massing: The Project shall not exceed 30 feet in height and shall be articulated through the use of architectural detailing; finish materials, textures and colors; varying setbacks. Building massing shall minimize a box -like appearance by creating openings along the facade. Careful attention shall be paid to the exterior elevations to minimize the bulk of the larger buildings and maximize opportunities to create a pedestrian -scale environment. 16.Building Design: The building design should be consistent with the attached conceptual plans. Landscaping and hardscape designs shall be carefully integrated to provide ease of access, shading, and a pedestrian -friendly design. The residential courtyards shall be richly landscaped with appropriately sized and designed open space elements. CONSTRUCTION SIGNS The Developer shall design, construct and install a construction sign for the Project to comply with the City of Vernon specifications. The sign shall be installed at a prominent location to be approved by the City of Vernon or Designee. DEVELOPMENT APPROVALS AND ENTITLEMENTS The Developer shall comply with Disposition and Development Agreement (ODA) and the mitigation measures contained in the Mitigation Monitoring Reporting Program issued by the 10123122 . 12 City of Vernon and all applicable code, permit, and fee requirements of the United States of America (including A.D.A. requirements), State of Califomia, and the County of Los Angeles. The Developer shall submit plans to the City of Vernon for plan check in a timely fashion to maintain the Schedule of Performance. It shall be the responsibility of the Developer to obtain all permits and other required approvals and entitlements as are necessary and consistent with the DDA to ensure the construction of the Project. The Developer shall dedicate and be responsible for the construction of improvements in public rights -of -way In conformance with the requirements, if any, of the City of Vernon for the Project. Developer shall take all necessary steps and sign all necessary documents In recordable form to create, move or abandon easements and rights of way as may be required by the City of Vernon for the development of the Site in accordance with this Agreement. 10193122 - 13 1,1;� 10183122 14 I I L .. d 10183122 15 J 10183/22 - 16 14 '. �_.� _���- r � � <�3 � y! S `•y1•e_ icy.-� Y �� ', A `.�. g'r�'f��'' Un': ���P��� i�� _ r iiifi� ?�' I lip'. I ��flqq�l � i., ii i �'N°�<j ,i �f, +i i� , �^ � i " � 1 _�, I _ �;! .� ;; ;�.I �'��. -jff �_J ` , �� = I��'. ;r}t;;; ; ;,: �cil''� . fJ H¢� S , ,,� _ ��. ;:,� t ,p ,,' i, �,�,I� ►��'��_ ''' i, ��� ,, � � , , ,� � ". f+;;� � s,,-i �,wn6 �. ,�;, il'I :'.; �� ; �,`''' �?, r'�; ;,��, ipi 1 t � ' i;! �, -t"F S' 1��� I'� �i I d i IP Ij �, �� i� i': � ��� � I�, I���i glair ;; �' +�;I ��.� I;ii I .' i� � � i' �` � !III �' Illii �'S{dm��l, !', �' 1018312.2 19 STATE OF CALIFORNIA COUNTY OF Los On Fr h . 22 before ss personally appeared o r i' u sSD6cttj H, e)W w satisfactory evidence to bV the perso A) hose name s) instrument, and ac(kwledgc to me�tr�t hh/s1te/they ex( authorized capacity e , and that by ho/h /thgjr signatur (s) the entity upon behalf of which the person scted, execute th 1 Notary Public, 3 proved to me on the basis of (/are subscribed to the within Red the same in hi` 46/r/their the instrument the person (�s or instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. VNotPuChe MARIAN KAIN Commission Al 1976801 i '� Notary Public - California = Los Angeles County My Comm, Ex ires May 27, 2016 (Seal) 1018312.3 9 STATE OF CALIFORNIA ) �" ss COUNTY OF LOY On 14410h 5 A013 before me, Notary Public, personally appeared WdbaIn ,T Day/tP who proved to me on the basis of satisfactory evidence to be the person') whose name is/ap6 subscribed to the within instrument, and acknowledged to me that he/sXe/tl)ky executed the same in his/06r/tlAr authorized capacity(i(o, and that by his/1)6r/tl)kir signature on the instrument the person(); or the entity upon behalf of which the personi,,j acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public ANA KARINA RUEDA Commission X 1900?Q: Notary Public - Calilo;mi Los Angeles Cough i M .Comm. Expires Auo '014+ (Seal) 1018312.3 10 City of Vernon NOTICE OF PUBLIC FEARING 4305 Santa Fe Avenue Vernon, CA 90058 (325) 583-8811, ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND MTTIGATON MONITORING REPORTING PROGRAM AND ADOPTION OF AMENDMENTS TO THE CITY OF VERNON GENERAL PLAN AND ZONING ORDINANCE, AND. APPROVAL OF A DEVELOPMENT AGREEMENT FOR A PROPOSED HOUSING DEVELOPMENT LOCATED AT 4675 52" DRIVE IN THE CITY OF VERNON, CALIFORNIA (TIME 'PROJECT") NOTICE IS HEREIN GIVEN that the City of Vernon City Council will hold a Public Hearing at 9 00 AM. on Tuesday, February 5, 2013, at City Hall in the City Council Chambers, 4305 Santa Fe Avenue, Vernon, California. The purpose pf the hearing is to consider the following matters:. Adoption of R Mitigated Negative Declaration and Mitigation Monitoring Reporting Program. Pursuant to Public Resources Code Section 21000 et seq.. and Government Code Section 15000 et seq., the City of Vernon prepared an Initial. Study to analyze the potential environmental impacts associated with the proposed Project; and the City has determined that with mitigation measuresincorporated, project impacts can be reduced to a less than significant level. A Mitigation 'Monitoring Reporting Program has been prepared identifying the monitoring requirements and documentation. Focused Amendments to the Land Use Element of the General Plan. Consider and approve proposed Amendments to establish a Housing Overlay and an Emergency Shelter Overlay. Update of the Housing Element for the 2014-2021 Planning Cycle, Consider and approve Amendments to the Housing Element of the General Plan to address the requirements' for the 2014-2021 Housing Element cycle of the Southern California Association of Governments region; and to identify sites for potential housing consistent ,with'theLand Use Element. Focused Amendments to Chapter 26 (Zoning) of the Code of the City of Vernon and the Zoning Map. Consider and approve an Ordinance amending sections of Chapter 26 to achieve consistency with the General Plan and in particular, to establish a !Housing Overlay zone and an Emergency Shelter Overlay zone, and to amend the Zoning Map to apply the two overlay. -ones. Development Agreement. Consider and approve an Ordinance establishing a.Development Agreement between the City of Vernon and Meta Housing Corpbration for development of a housing project at 4675 520 Drive in the City of Vernon, California. ALL INTERESTED ANDIOR AFFECTED PARTIES are invited to submit written comments in favor of, or in opposition to, this matter prior to the time of the hen�ing or be heard in support of, or opposition to, the proposed project at the time of the hearing. For infotinaL please contact Kevi Wilson, Community Services and Water Director at (323) 593.8811. Date. ^ � � 6/1'&0 a-/ao� COMMUNITY SERVICES & WATER DEPARTMENT DATE: February 19, 2013 TO: Honorable Mayor and City Council FROM: �Kl Samuel Kevin Wilson, Director of Community Services & Water RE: Modification to Mitigation Measure for the 52"d Drive Affordable Housing Development - SCAQMD Comments The City Council of the City of Vernon at its February 5, 2013 meeting held a public hearing to receive comments regarding the City's proposed adoption of a Mitigated Negative Declaration for the Proposed Affordable Housing Development at 4675 52"d Drive in the City of Vernon and Associated Development Agreement. After the close of the public hearing the City has since received additional correspondence from the SCAQMD related to the incremental cancer risk identified in the Health Risk Assessment. The comment was received after the close of the public hearing and relates to the impact of the environment on the project, not the project on the environment. It further relates to a threshold of significance determined not to be applicable to this project because it double counts the impacts of Toxic Air Contaminants, as described in circulated HRA. Nonetheless, the HRA analyzed the incremental cancer risk. Although mitigation was not required by CEQA, the MMRP imposes mitigation to provide maximum protection to future residents. We have revised that mitigation to respond to additional concerns raised by the AQMD to read as follows: 4.3-1 Prior to the issuance of buildingpermitsfor any housing development in the Housing Overlay Zone or any emergency shelter in the Emergency Shelter Overlay Zone, the developer shall submit to the City Building Official a Health Risk Assessment or similar documentation verifying that air filtration systems to be installed have a Minimum Efficiency Reporting Value (MERV) of at least 8, as indicated by the American Society of Heating Refrigerating and Air Conditioning Engineers (ASHRAE) Standard 52.2, and further, that the planned air filtration systems are capable of achieving filtration sufficient to reduce the Maximum Incremental Cancer Risk (MICR) below the threshold of 10 in one million established by the South Coast Air Quality Management District. The air handling systems shall be maintained on a regular basis per manufacturer's recommendations by the project manager of the development. Operation and maintenance of the systems shall ensure that they perform at or above the minimum reporting value. Further it is recommended that the City Council fmd that mitigation measures 4.3-1 and 4.3-2 are not required to avoid any significant impacts associated with the project, as the Health Risk Assessment does not identify any impacts the project will have on the environment with respect to air quality. Mitigation measures 4.3-1 and 4.3-2 have been included instead to ensure that the project conditions of approval address any potential health risks to future residents that may exist due to the industrial nature of Vemon and the presence of freeways in proximity to the proposed housing sites. Mitigation measure 4.3-1 in the Initial Study has been revised for the purpose of identifying more specific performance criteria for air filtration systems to be provided in housing developments. The Council finds further thatrevised mitigation measure 4.3-1 is equivalent or more effective in addressing any potential adverse health effects due to the more specific nature of the measure, and that it in itself, revised mitigation measure 4.3-1 will not cause any potentially significant effect on the environment since no air quality impact resulting from the project has been identified. Attached herewith is an updated Mitigation Monitoring Reporting Program (MMRP) for the Project. It is recommended that the attached MMRP be approved by the City Council. SKW C1 ti ti A A A w w < 3 D 53 vj 3 o 3 d 5r)>;a ,�� , _3 d d n d o 3 M ^ rn d m c 3 < ao0, ° o .,. O s. 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J 00 /D •' y J J Via£ d N ..Lm p'. b; 3 9t. ;m „3 nI i W A A tt 3 0 D m m o n N ri <, n d p a p 'r�x 0°9 m a y d o off•, " J 3 .'r, O m 0 n w o<i c o n p» fD N N H •� N J n O Q n 0 3 ' •p C N J1pj2 m aam w.. 3 0 3 V1 J •T N n J a t�D d v. ?. o. w. n n 3 N O Q O .� v f D 2 e mJ c d w m 3, v 49 rD N m O O m (D Ott " 'm rc (^f d w W' F d k 3 s 1. f l a?/S//3 '`,3 z/r�/ice PP° 9�E�CEI�E /a//1�� <r� �1 , iao RECEIVE® P ��� JAN 3 9 2013 JAN 31 2013 Aeadl>o - 0/1e/. iao 3 CI Y ADMII�a§T� 1 IV CITY CLERK'S OFFICE M tw�� STAFF REPORT Community Services and Water DATE: February 5, 2013 TO: Honorable Mayor and City Council e�56J FROM: Samuel Kevin Wilson, Director of Community Services and Water RE: Approval of Resolutions and Ordinances Updating the General Plan Land Use and Housing Elements, amending the Zoning Code, Approving a Development Agreement with Meta Housing Corporation, and approving a Mitigated Negative Declaration Recommendation The Project collectively includes the proposed 45 Unit Affordable Housing Development at 4675 52"d Drive, the Associated Development Agreement and Disposition And Development Agreement, Proposed General Plan Amendments and Zoning Ordinance and Map Amendments. It is recommended that in accordance with the California Environmental Quality Act, contained in Public Resources Code commencing at Section 21000 and the California Code of Regulations, Title 14, Chapter 3, City Council adopt a Mitigated Negative Declaration subject to the mitigation measures contained in the Mitigation Monitoring Reporting Program for the project. It is also recommended that the mitigation monitoring Reporting Program contained in Attachment 1 be approved. It is further recommended that the City Clerk of the City of Vernon shall be designated as the custodian of all documents or other materials which constitute this record of proceedings upon which this decision is made. It is recommended that the City Council adopt a resolution amending the Land Use Element and the Housing Element of the General Plan to allow the construction of residential housing units and an emergency shelter within specified zones of the City. Adopt an ordinance amending the City's Zoning Ordinance and Map setting forth the overlay zones where residential housing and an emergency shelter would be permitted and establishing criteria for the construction of the housing units and emergency shelter. Lastly, it is also recommended that the City Council approve a Development Agreement with Meta Housing Corporation for the construction of residential housing units to be located at 4675 52"d Drive in the City of Vernon. A Disposition and Development Agreement will also be presented to the City Council at the February 19, 2013 City Council meeting. Background To institute improved governance practices that include expanding the voting population in Vernon the City intends to amend its General Plan and Zoning Ordinance to permit the construction of additional housing within the City of Vernon. Additionally City Staff is recommending that the City enter into a Development Agreement ("DX') and Disposition and Development Agreement ("DDA") to permit Meta Housing Corporation to construct a 45 unit apartment complex on the City owned property located at 4675 52"d Drive in the City of Vernon. Update to General Plan Elements To allow the housing development project to move forward, amendments to the General Plan Land Use and Housing Elements will be required. In addition, amendments to the General Plan will be made to reflect current State law as described. below. Amendment to the Land Use Element Two new overlay districts are proposed to be added to the Land Use Element: the Housing Overlay and the Emergency Shelter Overlay. Each of these overlay districts apply to specific sites in the City that have been identified as most suitable for these uses (see Exhibit 1). Pursuant to proposed revised land use policy, the Housing Overlay would permit up to an additional 60 units in the City of Vernon. Housing Overlay District As part of the project, the proposed amendment to the Land Use Element states that the Housing Overlay District may be applicable only to sites that have been specifically identified by the City and determined to be the best locations for housing, given surrounding uses, proximity to services and amenities, and distance from safety hazards. Residential uses are permitted in this district only pursuant to the terms of a Development Agreement, given the unique safety constraints in Vernon. Emergency Shelter Overlay District Pursuant to S132, codified in Government Code Sections 65582, 65583, and 65589.5e, the City is required to accommodate emergency shelters by right in at least one zone. To implement this law, the City proposes to establish the Emergency Shelter Overlay District, which will apply only to sites that have been specifically identified by the City and determined to be appropriate locations for emergency shelters. Housing Element State law requires that the Housing Element be updated at least every eight years, on a timeline consistent with the Regional Transportation Plan, unless extended by the legislature. Article 10.6, Section 65580-65589.8, Chapter 3 of Division 1 of Title 7 of the Government Code sets forth the legal requirements for a housing element, and, encourages the provision of affordable and decent housing in suitable living environments for all communities to meet statewide goals. The 2014-2021 Housing Element update is a policy document that outlines the City's current and projected future housing needs (as identified by the State Housing and Community Development Department, or HCD) and the Southern California Association of Governments (SCAG), and the City's goals, policies, and programs to address those identified needs. Specifically, the element details: Population characteristics and trends 2 • Employment characteristics • The types of households in Vernon • Special needs populations • Housing characteristics and trends • Constraints on the development of new housing • Housing resources (available vacant and underutilized sites, financial resources) • How the City will work to meet the Regional Housing Needs Assessment (RHNA) allocation assigned by SCAG and otherwise achieve housing goals Given Vernon's status as an industrial city, the Housing Element has, in the past, promulgated the policy that no new housing will be constructed in Vernon due to the safety risks posed by the multitude of industries operating there, including many that involve the use, transport, and production of hazardous materials. The proposed 2014-2021 Housing Element revises that policy and identifies two potential sites for housing development that have been deemed most suitable. One of these sites (4675 52"d Drive) is also designated with a Housing Overlay in the Land Use Element. The Housing Element also addresses new State laws, including SB 2 (codified as Government Code Section 65583[a][41), which requires jurisdictions to identify a zone in which to permit emergency (homeless) shelters by right. The Housing Element identifies an area designated with an Emergency Shelter Overlay in the General Plan and Zoning Ordinance. The State Department of Housing and Community Development (HCD) has reviewed the draft element to determine whether it meets the requirements of State law, and has determined that the Element is compliant. Update to Zoning Ordinance and Zoning Map The City has drafted revisions to the Zoning Ordinance to achieve consistency with proposed Land Use Element Overlay Districts and the goals, policies, and implementation measures specified in the General Plan. These revisions include a new Housing Overlay District and Emergency Shelter Overlay District and related use and development standards, as well as required findings for these new overlays. Additionally, a new Procedures section has been created to establish the Development Agreement process as the method for allowing new housing development. Further, the Amendment incorporates multiple new definitions related to these amendments. The Zoning Map is proposed to be amended to identify locations for the Housing and Emergency Shelter Overlay districts. The Housing Overlay District is proposed to apply to one vacant parcel located on the east side of the City (4675 52"d Drive). The Emergency Shelter Overlay District is proposed to apply to a single vacant parcel located in the northwest corner of the City (see Figure 1). Proposed Residential Project at 4675 52nd Drive To institute improved governance practices that include expanding the voting population in Vernon, the City has identified a site at 4675 52"d Drive as appropriate for a new housing development. The parcel is owned by the City of Vernon. To meet agreed -upon deadlines (with the State legislature) for achieving new housing development in Vernon, the City issued a Request for Proposals on April 19, 2012 for housing development on this 2.06-acre site. Proposals were received in July 2012, all of which proposed exclusively residential use yielding between 31 and 61 units. 3 All development proposals were considered. The proposal from Meta Housing Corporation was selected as most appropriate. The proposal would provide for 45 units. This component of the project would include project entitlements consisting of a Development Agreement, as required pursuant to proposed Zoning Ordinance regulations for the new Housing Overlay Zone. The proposed rental housing development would include nine one -bedroom units, 22 two - bedroom units, and 14 three -bedroom units. At least 22 units would be affordable to lower - income households. Additional improvements onsite would include a community building, an office for property managers and social service providers, laundry room, computer lab, tot lot, and 74 onsite parking for residents. New driveways, curbs, gutters, sidewalks, street trees, and street lights and associated landscaping would also be provided. The project would be gated. The project design utilizes a traditional housing form with pitched roofs, stone veneer, and stucco. The buildings would be combined into small groups to fit into the adjacent residential neighborhood (in the City of Maywood). A paseo would connect the individual units and buildings with parking areas and common areas. The buildings are proposed to be arranged around a central courtyard common open space. Buildings would be two stories in height. Parking would be located along the east and west property lines. The parking areas would provide buffers from the adjacent industrial uses. Exhibits 2, 3, 4, and 5 provide graphic representations of site plans, floor plans for units, and example architectural features. The project is expected to obtain LEED (Leadership in Energy and Environmental Design) certification, at least at the Silver level. Upon project construction completion, onsite services to residents are planned 'with the intention of helping tenants maintain stability and prevent eviction, build life skills, increase income and assets, increase health and well-being, and improve the educational success of their children. The proposed project includes up to 4,500 square feet of physical space for service amenities. All services would be provided on site. All previous building on the site have been demolished and removed; the site is currently vacant. The grounds are predominantly paved with a crushed rock base. The northeasterly 17 feet of the property are subject to an easement for a rail spur track and utility purposes. In the past, the property has been used for a number of industrial uses, with the most recent being an appliance manufacturing facility. Project construction is anticipated to begin in December 2013, with completion in May of 2015. Construction will require the import of new clean fill dirt to replace contaminated soils that have been removed. Additional construction activities include installation of a vapor barrier below each structure, installation of a venting system, building construction, landscaping, paving, and infrastructure improvements in the form of curb and gutter, sidewalks, and street trees. Development Agreement The City of Vernon and Meta Housing Corporation intend to enter into a Development Agreement for the construction of a 45 unit housing development in the City of Vernon in accordance with the proposed zoning ordinance requirements. The Development Agreement sets forth the permitted uses of the Site, the density and intensity of use thereon, the maximum height and size of proposed buildings on the Site, and provisions for reservation and dedication of land for public purposes. The Agreement will commence upon the Effective Date and shall continue 11 in force for a period of five (5) years unless extended or terminated as provided herein. This Agreement terminates upon the expiration of the term or when the Site has been fully developed and all of Developer's obligations in connection therewith are satisfied as determined by the City, whichever occurs first. During the term of this Agreement, Developer shall have a vested right to develop the Housing Development in accordance with all ordinances, resolutions, rules, minute orders, regulations, and official policies of the City applicable to development and occupancy of the Site in effect on the Effective Date. The Agreement will be annually reviewed to determine if Meta Housing Corporation has demonstrated good faith compliance with the terms and conditions of this Agreement. If the City Council finds and determines that the Developer has complied in good faith with the terms and conditions of this Agreement during the period under review, the review for that period shall be concluded. If the City Council finds and determines, on the basis of substantial evidence, that the Developer has not complied in good faith with the terms and conditions of this Agreement during the period under review, and Developer has been notified and given an opportunity to cure in accordance with the provisions of Section 6 below, the City Council may modify or terminate this Agreement in accordance with State law. Disposition and Development Agreement To facilitate the cooperation between the City and the developer of the proposed 45-unit affordable housing project, a Disposition and Development Agreement (DDA) has been proposed by and between the City of Vernon and the developer. The DDA will be presented to the City Council at the next regularly scheduled meeting on February 19, 2013. This DDA is currently being negotiated but, will incorporate the following or similar provisions: 1. Conveyance of Land. City will agree to ground lease the Site, for an annual rent equal to the residual rental value of the Site, to a development entity formed by Meta for the development and operation of an affordable housing project on the Site (the "Project"). The City has retained the services of Keyser Marston to review the proforma study prepared by Meta Housing Corporation and perform its own independent economic analysis to determine the rental value of the property. Through their analysis it has been determined that the residual rental value would be one,dollar ($1.00) per year. The term of the ground lease would be 65 years. The City will retain the non-commercial naming rights of the development. a. The Ground Lease, among other things, includes each of the following terms: (i) The Ground Lease provides that City will not obtain any loans secured by the Site unless such loans have been previously approved, in writing, by the Project Developer. (ii) The Ground Lease provides that City will own fee title to the land comprising the Site, and the Project Developer will own fee title to all improvements constructed or otherwise located on the Site. (iii)The Ground Lease includes reasonable mortgagee protection provisions as required by the Project Developer's lenders. (iv)Pursuant to the terms of the Ground Lease, City, as landlord, will agree to provide notice of any defaults by the Project Developer under the Ground Lease to the Project Developer's limited partners and lenders (if required), and allow any such parties the right to cure a default by the Project Developer under the Ground Lease. (v) The Ground Lease permits the Project Developer to encumber its leasehold interest in the Site to secure loans deemed necessary or desirable by the Project Developer which are reasonably acceptable to City. The City will not be required to subordinate its fee title in the Site to any construction or permanent loans obtained by Project Developer. (vi)The Ground Lease is in accordance with the requirements of Government Code Section 37380(b)(1), which provides that "a city may lease property owned or held or controlled by it, or any of its departments or boards for a period exceeding 55 years but not exceeding 99 years, if all of the, following conditions are met: (1) The lease shall be subject to periodic review by the city and shall take into consideration the then current market conditions. The local legislative body may, prior to final execution of the lease, establish the lease provisions which will periodically be reviewed, and determine when those provisions are to be reviewed." b. Meta or its affiliate will form a limited partnership or other entity for the Project (the "Project Developer"). The Project Developer entity will include, as the managing general partner, Western Community Housing, Inc. (or a limited liability company wholly owned by Western Community Housing, Inc. or another nonprofit corporation highly experienced in the development and operation of affordable housing which is acceptable to the City) ("Development Partner"). c. City will be responsible for creation of a legal parcel for the Site. d. City will provide Meta with copies of all environmental reports and other information regarding the physical condition of the Site which is in City's possession. Meta will have access to the Site prior to closing to conduct environmental inspections and other due diligence. Upon commencement of the ground lease of the Site to the Project Developer, the Project Developer will be responsible for all environmental remediation of the Site at its expense. e. Closing for the commencement of the ground lease of the Site will occur when the following conditions have been satisfied: Meta approval of Site condition, closing of construction financing, receipt of commitments for required permanent financing, receipt of all required land use entitlements, approval of construction plans by the City, building and grading permits for the Project are ready for issuance, execution and deposit of all closing documents, required insurance policies have been obtained, title insurance has been obtained, required bonds have been secured, and other reasonable and customary conditions of closing have been satisfied. 2. Project Schedule. The Agreement contains a detailed schedule of milestones for due diligence activities and approvals; application for and obtaining entitlements; preparation, submission and City approval of plans; application for and obtaining financing; . satisfaction of conditions to closing; closing; commencement of construction; and completion of construction. 3. Construction. The Agreement will require that the Project be constructed in accordance with the development standards set forth in a Development Agreement between the City and Meta or the Project Developer adopted pursuant to Government Code Section 65864. The Project will include approximately 9 one bedroom apartment units, 22 two bedroom apartment units, and 14 three bedroom apartment units, a community building, an office for Site managers and social service providers, laundry room, computer lab, tot lot, not less than 74 onsite parking spaces, driveways, curbs, gutters, sidewalks, street trees, street lights and associated landscaping. The Project will be gated. Three of the apartment units (one one -bedroom unit, one two -bedroom unit and one three -bedroom unit) will be accessible in accordance with ADA standards, and all of the ground floor level apartment units will be adaptable to ADA accessibility standards. The Project will obtain LEED Silver certification. Developer will be responsible for importing new clean fill dirt, installation of a vapor barrier below each structure, and installation of a venting system. The Project Developer will comply with state prevailing wage and apprenticeship requirements in the construction of the Project. 4. Financing. The parties acknowledge that Low Income Housing Tax Credits and other sources of financial assistance will be necessary to make the Project economically feasible. The Project Developer will be required to seek reasonably available funding sources for the construction of the Project. a. The Agreement will include a financing plan for the Project. The Project Developer will apply for and seek to obtain the financing sources contained in the financing plan. b. 9% Low Income Housing Tax Credits are contemplated for the Project. Meta will apply for an allocation of 9% tax credits in the first California Tax Credit Allocation Committee ("CTCAC") allocation round of 2013. If unsuccessful, Meta will apply for an allocation of 9% tax credits in the second allocation round of 2013. If unsuccessful in the first and second allocation rounds of 2013, City will have the right to terminate the Agreement in its sole discretion; provided that the City may elect in its sole discretion to authorize Developer to make one or two applications for 9% tax credits in 2014. c. As appropriate, the financing plan may provide for the Project Developer to seek and apply for conventional construction and permanent loans, AHP loans, loans or other financial assistance from the County of Los Angeles Community Development Commission, and/or other state and federal sources of affordable housing assistance. d. The parties do not contemplate that City will make any loans or grants to the Project. e. Meta will retain any developer fee payable in accordance with the terms of the tax credit financing. To the extent necessary to make the Project financially feasible, Meta may be required to defer a portion of the developer fee for the Project. 5. Income and Affordability Requirements. The Project will be subject to affordability requirements restricting apartment units to income limits and affordable rents. a. 2 apartment units will be restricted to extremely low income households, 14 apartment units will be restricted to very low income households, and 6 apartment units will be restricted to lower income households, for a total of 22 "Affordable Units." Rents for the Affordable Units will be restricted to the maximum rents permitted by Low Income Housing Tax Credit requirements and/or applicable funding sources. b. The Project will be subject to other regulatory requirements related to financing which is actually obtained for the Project, which may include a CTCAC regulatory agreement and regulatory agreements related to other public financing obtained for the Project. c. Affordability and other ongoing requirements will be set forth in a Regulatory Agreement to be recorded as an encumbrance to the Site. The City will reasonably consider subordination of the Regulatory Agreement to the liens recorded for the benefit of Project Developer's conventional lenders. 6. Site Management. The Project Developer will be required to retain a Site management firm to manage the Project. a. City will have approval rights over the identity of the Site manager, and any changes to the identity of the Site manager. The Site manager and Project manager will be required to refrain from engaging in any political activity among tenants and tenant groups. b. The Agreement will contain a detailed Site management plan which will set forth procedures for operation of the Project, including procedures for tenant selection, an eviction policy, staffing schedules, house rules, security plan, and a social service plan. The Site management plan will include a tenant selection process, which will provide a method of soliciting tenant applications, initial screening of tenant applicants, and random selection of pre-screened applicants for initial tenant selection and ongoing vacancies. The tenant selection shall be through a lottery system which will be open to the public. The applicants and City will be notified in advance of the time and location of the lottery. c. If the Site manager is not properly managing the Project in accordance with the Site management plan, City will have the right to require the Project Developer to replace the Site management company or to require the Site management company to change the employees managing the Project. 7. Maintenance Requirements. The Project will be subject to maintenance requirements for exterior improvements and landscaping. The Project will maintain a capital replacement reserve account in a monthly amount to be determined [plus CPI or other inflationary index] which may be satisfied by capital reserve requirements of financing which has been obtained for the Project. 8. Remedies. a. City will have the right to terminate the Agreement prior to completion of the Project in the event Meta and/or Project Developer fails to perform any obligation of the Agreement, subject to notice and cure rights, including the failure to meet certain milestones in the schedule, or Meta and/or Project Developer becomes insolvent or bankrupt, makes an assignment for the benefit of creditors, is subject to receivership, or similar circumstances. b. City, subject to a reasonable notice and cure period, will have the right to terminate the ground lease and reacquire possession of the Site for reconveyance to another developer if construction of the Project has not commenced in accordance with the Agreement schedule, or if construction is suspended after commencement. c. City will require Project Developer to obtain payment and performance bonds, provide a letter of credit, or other security for the construction of the Project reasonably acceptable to the City. Findings The City of Vernon Police, Fire and Community Services and Water Departments have reviewed the proposed residential site development plans for the project and determined that the project conform with the City adopted codes and polices. In accordance with section 26.4-5 of the City's new zoning provisions for residential developments certain finding must be made prior to the approval of a development agreement. It is therefore recommended that the City Council make the following findings regarding for the proposed 45 unit housing development located at 4675 52"d Drive in the City of Vernon: a) The design, location, size, and operating characteristics of the 45 unit housing development is compatible with the existing land uses in the vicinity; b) The proposed density is consistent with density standards and all applicable policies contained in the General Plan; c) The site and site plan are physically suitable in terms of design, location, shape, size, and the provision of public and emergency vehicle access, and public services and utilities, including but not limited to fire protection, police protection, potable water, schools, sewerage, solid waste collection and disposal, storm drainage, and wastewater collection, treatment, and disposal; d) On -site traffic circulation for pedestrians and vehicles is designed into the development to allow residents to move easily through the development and to avoid pedestrian/vehicular conflicts and further and provides appropriate access for fire and police response and surveillance. e) The proposed project provides suitable, usable common and/or private open space that will meet the passive and/or active recreation needs of the resident. Common open space areas and setbacks are provided with landscaping and other improvements suitable for the development proposed; f) The proposed project provides adequate parking to meet the residents' needs, to avoid parking impacts on surrounding properties, and to comply with state and federal law; g) Refuse/recycling collection areas are located to provide easy access to for all residents and collection vehicles, and to minimize noise impacts on residents; CEQA An initial study for the project was performed in compliance with the California Environmental Quality Act (CEQA) as established in Section 21000 et. seq. of the California Public Resources Code. The Project collectively includes the proposed 45 Unit Affordable Housing Development at 4675 52"d Drive, the associated Development Agreement and Disposition And Development Agreement, Proposed General Plan Amendments and Zoning Ordinance and Map Amendments. It was determined that all potential environmental impacts would be less than significant if appropriately mitigated. Subsequent to publication of the initial study and proposed mitigated negative declaration, the City met with the applicant for the housing development at 4675 52"d Drive to review the mitigation measures, as they would be included as conditions of development. Specific revisions to mitigation measures 4.3-1 and 4.11-2 were made to reflect to practical construction measures and filtration system maintenance requirements that could still achieve the desired mitigation regarding air filtration and outdoor noise. The mitigation measures contained in the Mitigation Monitoring Reporting Program hereby revise the measures contained in the initial study and proposed mitigated negative declaration. It is recommended that the City Council find that the revised mitigation measures contained in the Mitigation Monitoring Reporting Program will achieve the mitigation objectives set forth in the initial study and proposed mitigated negative declaration, and will reduce impacts to less than significant levels. Therefore, it is recommended that a mitigated negative declaration be adopted for the project subject to the mitigation measures set forth in the Mitigation Monitoring Reporting Program. It is further recommended that the City Council adopt the Mitigation Monitoring Reporting Program. Fiscal Impact The City of Vernon currently owns the property located at 4675 52nd Drive in the City of Vernon that the proposed housing development will be constructed upon. This 2.06 acre property has a current market value of approximately $2.25 million. The City of Vernon retained the services of Keyser Marston to perform an independent market analysis to determine the residual rental value if the property were to be utilized for a 45 unit low income housing development. After reviewing the pro forma prepared by Meta Housing Corporation and performing its analysis it was determined that the housing project would only be viable if there was financial participation from the City in the form of reduced rental rate. Keyser Marston determination is that the residual rental rate of the property would have to be at $1.00 per year in order to make the project feasible. The rental rate will be reviewed from time to time during the term of the lease to confirm that the City's rental rate is appropriate. 10 Exhibit 2: Site Plan - Proposed Affordable Housing Project at 4675 52"" Drive 9 1R ®�AQ RQ it n' K a L i 12 Exhibit 3: Floor Plans - Proposed Affordable Housing Project at 4675 52nd Drive i i r J 13 Exhibit 4: Rendering - Proposed Affordable Housing Project at 4675 52nd Drive 14 Exhibit 5: Rendering - Proposed Affordable Housing Project at 4675 52nd Drive 15 { pF VERM FEB 14 2013 CITY CLEM'S OFFICE RECEIVED FEB 14 2013 CITY ADMINISTRATION COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: February 14, 2013 SUBJECT: Response to comments from South Coast Air Quality Management District (AQMD) and the City of Maywood regarding the proposed 45-Unit Affordable Housing Development Project We have received a letter from South Coast Air Quality Management District ("AQMD") dated January 25, 2013 and a letter from the City of Maywood dated January 24,2013 regarding the above -mentioned project. AQMD has submitted written comments (copy of letter attached) regarding the proposed project site being exposed to significant levels of air pollution from nearby industrial sources. In response to AQMD's letter the staff has prepared written responses (see attachment). It is staffs opinion that the concerns that AQMD has raised have been adequately addressed in the proposed mitigation measures. Therefore, the staff believes we have satisfied any issues or concerns pertaining to this project. The letter received from the City of Maywood is regarding the potential impacts from construction and operations from the proposed project site. In response to their letter the staff has prepared written responses. It is staff s opinion that the concerns that the City of Maywood has raised have been adequately addressed in the response letter (see attachment). Therefore, the staff believes we have satisfied any issues or concerns pertaining to this project. SKwisc Attachments J 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 February 14,2013 G-4 Ian MacMillan South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765-4182 Dear Mr. MacMillan: The City thanks the SCAQMD for the comments regarding the air quality impact assessment performed in support of the proposed low income housing development. The City feels, as the Lead Agency, that the appropriate significance criteria have been used to assess potential health impacts to the future residents, and that the development of the proposed site for residential uses results in less than significant impacts. The City also notes that it has been conservative in conducting the health risk assessment (HRA) for CEQA purposes, as the CEQA statute and case law indicate that the focus of the analysis is project impacts on the environment, "hot the impact of the environment on the project. The City concurs with the SCAQMD that HRAs for the siting of sensitive land uses within an existing built environment typically include sources of toxics air contaminants (TACs) located within one -quarter mile of the project site. It should be noted, the health risk analyses were originally prepared to aid the City in assessing the suitability of multiple non-specific potential housing locations within the City of Vernon. To ensure flexibility and maximum applicability, the health risk analyses included TAC sources within a larger radius of the candidate sites. Based on the maximum individual cancer risks, the City concluded a number of health protective design features should be integrated into future development plans, as appropriate. In addition, the burden threshold was used to assess the relative risks by accounting for the different future populations each potential housing site could accommodate. For the reasons stated in the HRA, the City does not believe the incremental cancer risk is an appropriate threshold for this project. Nonetheless, in response to the SCAQMD's letter, the City has reviewed the HRA and verified that the individual cancer risks reported in the MND are highly conservative for the specific project site currently under consideration, as it includes sources farther than one -quarter mile of the proposed project site. Applying the control efficiency of an air intake filtration system rated at MERV 8 to the unmitigated screening HRA risks results in a maximum predicted cancer risk of approximately 12 in one million in the vicinity of the proposed project site. (This value also accounts for the corrected breathing rate, as noted below.) This cancer risk value included approximately 3,500 feet distance from the I-710 E_�cfusivefy Tndustriaf February 14, 2013 Page 2 freeway and the Atlantic Boulevard off -ramp, which is outside of the quarter -mile radius of the identified project boundaries. Per SCAQMD's suggestion, the City has refined the HRA modeling to more specifically only include sources within one -quarter mile of the site. Based on review, of site plans and aerial photo measurements, the City notes that a segment of the I-710 freeway lies within one -quarter mile of the nearest (northeastern) boundary of the proposed residential development?, The majority of the dwelling units will be built more than one -quarter mile from the freeway. The site -specific dispersion modeling and risk calculations show that future residents will be exposed to a cancer risk of 6 in one million, which is less than the threshold of 10 in one million recommended by the SCAQMD. The cancer risk value of one in six million also takes into account MERV 8 filtration systems which will be installed in the units as required by mitigation measure 4.3-1, as outlined in the mitigation monitoring reporting .program for the project. Detailed dispersion modeling and health risk calculation files were sent to the SCAQMD for review on or around February 4, 2013. AQMD RECOMMENDED MITIGATION MEASURES Review of the HRA has not revealed any significant air quality impacts. The proposed mitigation continues to be adequate. Mitigation measure 4.3-1 requires installation of MERV 8 filtration systems in each unit and further, that the project manager provide long-term maintenance of the filters. The mitigation measure does not require positive pressure with the building's filtered ventilation system in living spaces since provision of the MERV 8 filtration systems alone is deemed adequate. MODELING FILE AVAILABILITY Comment noted. Detailed dispersion modeling and health risk calculation files were sent to the SCAQMD for review on or around February 4, 2013. Health Risk Modeling Parameters Comment noted. The breathing rate used for future residents should be 21.1 m3/day. The City notes that the correct breathing rate was used in the HRA to calculate impacts from stationary sources. The breathing rate was corrected and applied to the refined mobile source analysis discussed above. Results of the analysis indicated that cancer risk would be below the 10 in one million threshold recommended by the SCAQMD. Therefore the results discussed above for the proposed site are consistent with the analysis contained in the MND. Health risk impacts will remain less than significant, and no mitigation measures are required. The diesel particulate matter emission rate used in the HRA was based on the current fleet mix. 1 Although future fleet mix will result in reduced DPM emissions, the analysis takes a conservative approach. Therefore, the City feels that no corrections are necessary. ' California Air Resources Board EMFAC 2011 database. http:l/www.arb.ca.gov/emfac/ (Accessed October 2012) City of Vernon, 4305 Santa Fe Avenue, Vernon, California 90058 — Telephone (323) 583-8811 February 14, 2013 Page 3 SKW Sincere am el Kevin Wilson, P.E. Director of Community Services & Water City of Vernon, 4305 Santa Fe Avenue, Vernon, California 90058 — Telephone (323) 583-8811 m r m, m E u 0 od r � v O w N _A a+ c C >> Y c C oE oim E Ti aC C m o E i C C i C C umi w o m v E o `v E m a:='EumY ME;E8 t ai^E8mt a.'Eumt a J.>E'- Ev . EZ 3ae EO m n p U (n p o U In p omv v U v p u ,mc c C o qac'oc- o �mx Cp O_0 _ E: -m'oa + c gCC 9+�EuR o O a Eo qa o v U X c a ncN0m > co m a a C p O mi in u �'� u C O O rn in O c $w1p c% O c w 10 c,'^+ pC OC1 •- 7 o c a E vim'-'�c+� o u, o c a- E 0 c c a E c �'� E aE Q ���m alma caC'cm'9v �'`o anNma ° ° a`�wma o� H m m a �F� p U 7 a. 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The following.comments are intended to provide guidance to the lead agency and should be incorporated into the final environmental document as appropriate. The MND demonstrates that the residents living on the project site will be exposed to significant levels of air pollution from nearby industrial sources. Specifically, the MND states that residents at the preferred project site will be exposed to an incremental cancer risk of 26 in one million, however, the lead agency concludes that the project will result in less than significant air quality impacts. Further, the Health Risk Assessment (HRA) contained in the MND appropriately compares the project's cancer risk levels to AQMD's cancer burden threshold of 0.5 and the AQMD's Maximum Incremental Cancer Risk (MICR) threshold of 10 in one million. However, it appears that the lead agency based its significance determination solely on the cancer burden threshold. The AQMD CEQA significance thresholds are not intended to be individually selected and applied to projects; therefore, the AQMD staff recommends that the lead agency revise the MND to ensure that the air quality significance determination is based on all AQMD CEQA significance thresholds including the MICR value of 10 in one million. If upon revision of the MND the lead agency determines that the project will have significant air quality impacts based on the HRA the AQMD staff recommends that the lead agency include the following mitigation measures in the final CEQA document. a. Specify conditions to ensure that high efficiency filters will continue to be maintained and replaced for the life of the project (e.g., through a provision in the covenants, conditions and restrictions, CC&Rs), and b. Consider maintaining positive pressure with the building's filtered ventilation - -- system in living spaces to reduce infiltration of unfiltered outdoor air. Mr. Kevin Wilson 2 January 25, 2013 AQMD staff requests that the lead agency provide the electronic modeling files so that we can review them more thoroughly. Without these files, we can only offer partial comments as many details are not available to us. The lead agency may want to revise the HRA prior to finalizing the CEQA process for this project as there are several calculation procedures that may have led to spurious results in the HRA. These include the items identified below. • The breathing rate of 16.2 m /day in the HRA is lower than the District recommended rate of 21.14 m3/day (302 L/kg-day). This error results in reported risks that are too low. • The HRA did not take into account the expected lower Diesel Particulate Matter (DPM) emissions in future vehicle fleets. This discrepancy results in reported risks that are too high. • The results from modeling the I-7I0 freeway are unexpected as DPM accounts for only —40% of the freeway risk. Typically DPM account for —90% of the risk. Without access to the modeling files, AQMD staff is not able to verify the validity of the reported result. Pursuant to Public Resources Code Section 21092.5, please provide the SCAQMD with written responses to all comments contained herein prior to the adoption of the final CEQA document. Further, staff is available to work with the lead agency to address these issues and any other questions that may arise. Please contact Dan Garcia, Air Quality Specialist CEQA Section, at (909) 396-3304, if you have any questions regarding the enclosed comments. Sincerely, '. Ian MacMillan Program Supervisor, CEQA Inter -Governmental Review Planning, Rule Development & Area Sources IMOG LAC 130109-04 Control Number 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 February 11, 2013 Rocio Lopez City of Maywood ...4319 East.Slauson Avenue Maywood, CA 90270 Dear Mr. Lopez: G-4 Thank you for providing your comments to the proposed 45 unit affordable housing development project to be located at 4675 52"d Drive in the City of Vernon. The City of Vernon hereby responds to the comments and questions you have raised. C-1: The Site plan does not show the depth of the property, A: The depth of the property that will be developed is 199.4 feet; please see the attached site plan. C-2: The site plan shows a fence located right along the front property line. As the City of Maywood has residential units immediately to the south of this property, we are recommending that any fencing be located behind a front landscaped setback area. Fencing material and.height should also be called out in the site plan. A: The City of Vernon has no setback requirements on fencing. However; the City will work with the developer to see if the fence can be slightly set back from the street right-of-way. The attached site plan currently shows the fence will be set back two feet from the back of sidewalk. Additionally, the Developer will be landscaping the parkway strip in the sidewalk area while maintaining a pedestrian walkway in compliance with ADA. This will also aid in softening the look of the fence. The fence and gate material along the street right of way will be -six foot in height and be of wrought iron materials. C-3: The assessor parcel map shows 52"d Drive as a 50 foot wide street. The site plan indicates that the property line starts 25 feet from the centerline to the subject site property line. If landscaping is proposed in front of the proposed fence, that would be within the City right of way. Who will maintain this landscaped setback area? A: The landscape area in the parkway strip is required to be maintained by the adjoining property owner in accordance with Sections 22.62 and 22.63 of the City Code. E�Ccfusive(y Industiiar February 13,2013 Page 2 C-4: Please provide us with an actual full scale site plan which shows fencing materials, including driveway gates, location of King Avenue (will the proposed driveway line up with this street?), proposed front landscape setback (front landscape plan) and public improvements i.e. existing telephone poles, along 52"d Drive. A: Attached herewith you find a copy of the plan you have requested. It should be noted that the City is not requiring the developer to underground the aboveground utilities. Two additional fire hydrants will be added in and around the frontage of the property. The exact location of the fire hydrants will be determined by the Vernon Fire Department. The site plan attached shows the relationship of the site with King and Mayflower Street and the existing improvements in the sidewalk area. C-5: Please provide us with a southern elevation of the proposed project (street view from 52"d Drive). A: Attached herewith you will find a plan reflecting the southern elevation of the proposed project. Also attached is a rendering from the 52"d Drive perspective. C-6: Under Section 4.15 Transportation and Traffic, the Mitigated Negative Declaration states, under sections a-d that there are No Impacts. The City of Vernon's acceptable level of service is D, while the City of Maywood's acceptable level of service for local streets is C. 52"1 Drive in Maywood is a local street. According to the City of Maywood's Final EIR Land Use Element, in accordance with the City's LOS standard, which is LOS D for arterial and collector streets, study intersections that deteriorate to LOS E or worse are significantly impacted and mitigation is required. A: Please note that the analysis in the traffic study was prepared to address several General Plan and Zoning Ordinance amendments being contemplated by the City, including . establishment of a Housing Overlay District/Zone that would facilitate development of the proposed housing project analyzed in the Initial Study. At this time, only proposed amendments relating to housing are moving forward. Regarding the acceptable level of services (LOS) used in the analysis, for those streets located in the City of Vernon the City has used its adopted standard of LOS D. In recent discussions with the City of Maywood contract traffic engineer, we learned that the Maywood also uses the LOS D standard. The analysis focused on major and collector streets and not local streets such as E. 52"d Drive. Also, the intersection of Atlantic Boulevard/E. 52"d Drive was not analyzed specifically for the housing development because in Los Angeles County, the minimum project -added traffic that is needed before an intersection has to be studied is 50 two-way trips in either the morning or evening weekday peak hour. As the attached supplementary material (Kunzrnan Associates, Inc. letter dated February 4, 2013) indicates, the proposed housing development is estimated to generate 23 morning and 28 evening peak hour trips, below the threshold. Thus, no analysis of this intersection was warranted. The projected future conditions of LOS E and F are associated with regional growth and build -out in Vernon consistent with land use policy. The theoretical intersection impacts are based on the intersection capacity compared to the number of project trips that are projected at each intersection. Based on the Los Angeles Department of Transportation Policies and Procedures, an impact is considered significant if the project -related increase in the volume -to - capacity ratio equals or exceeds the thresholds shown below: City of Vernon, 4305 Santa Fe Avenue, Vernon, California 90058.-Telephone (323) 583-8811 February 13,2013 Page 3 or mncant tm act'1'hreshold for of Service I Volume/Canaciw 0.70-0.79 0.04 or more D 0.80-0 89 0.02 or more r 0.90 - more 0.01 or more In order for the housing development to impact an intersection by one percent, the intersection of Atlantic Boulevard at District Boulevard would have to receive 48 project vehicle trips during the morning or evening peak hour (4,828 X 0.1 = 48.28), and the intersection of Atlantic Boulevard at E. 52nd Drive would have to receive 80 project vehicle trips during the morning or evening peak hour (8,063 X 0.1 = 80.63). Table 3 in the attached Kunzman Associates, Inc. letter shows that that the trips associated with the housing development fall well below the one percent threshold for LOS F. The study area intersections are not projected to be impacted. The housing development itself will not create significant traffic impacts, nor will it contribute cumulatively significant impacts. The comment letter states that anything over an unacceptable level of service needs to be mitigated. However, the criteria used are twofold: over an acceptable LOS and over the significance threshold. This project does not meet or exceed the significance threshold. C-7: The Traffic Study does not clearly address the future level of service at the intersection of 52nd Drive and'Atlantic Blvd. It does, however, address the intersection of District Blvd. and Atlantic Blvd. with a projected level of service between E and F. A: See response to C-6. C-8: The MND should therefore address mitigation measures for the proposed intersection of 52nd Drive and Atlantic Blvd., particularly for those vehicles turning southbound and north bound from 52 Id Drive onto Atlantic Blvd. A: The criteria used are twofold to determine if an intersection is significantly impacted: over an acceptable LOS and over the significance threshold. This project does not meet or exceed the significance threshold, therefore no mitigation is required. C-9: Under section e. Inadequate Emergency Access, it does not address the fact that there is no emergency access circulation to the rear of the property as parking spaces are blocking the access. Site pan should show adequate on site emergency access. A: The Vernon fire Department has reviewed and approved the site plan for the project. It is their opinion that sufficient emergency access is being provided to the site. In accordance with section 503.1 of the California Fire Code a fire access road shall extend to within 150 feet of all portions of the exterior wall of the first story of the building as measured along an approve route. The fire code permits this distance to be increased if the building is equipped with an approved automatic sprinkler system. The apartments will be served with an automatic fire sprinkler system and therefore the fire department has approved the 150 foot distance to be increased. Dead end fire roads will lead into each side of the apartment complex within the parking lots and in compliance with the fire code. The fire department will either be provided with the keys to access the gates or Knox boxes will be provided to permit access to the parking City of Vernon, 4305 Santa Fe Avenue, Vernon, California 90058 - Telephone (323) 583-8811 February 13, 2013 Page 4 areas. The maximum distance from the fire road or to the street right of way to the exterior portion of any of the buildings is proposed to be 160 feet. C-10: According to the most updated Assessor Parcel Map, 52"d Drive is 50 feet in width. The street however appears to be very narrow and there are signs stating "No Parking At Any Time" along the north side of 52"d Drive in the City of Vemon public right-of-way. We are concerned that residents and visitors associated with this project may park along the south side within the City of Maywood, creating a burden to this already narrow street. A: The site is proposed to have 76 parking stalls. This apartment complex will be for low and moderate income families. Therefore, it is assumed based on historical data that many of the residents will be one car families. As such the City is of the opinion that sufficient parking is being provided onsite for the residents and their visitors and no offsite parking will be required for the housing development. Attached herewith please find a white paper prepared by the SouthernCalifornia Association of Non -Profit Housing which concludes that it is not necessary to provide the same parking ratios for market rate apartments compared to. affordable housing units and concludes that 1 stall per unit is sufficient. The City of Los Angles only requires 1 parking stall for units containing 2 or less habitable rooms and 1.5.parking stall per unit containing 3 or more habitable rooms for restricted affordable housing units. The Vernon project will provide 1.69 stalls per unit. In addition, Applied Planning, Inc. recently prepared a study for the Salem Apartments in Glendale. There study concluded that if the proposed low income housing project was outside of the central business district the following parking ratios were appropriate: • One -bedroom 1.25 resident spaces plus 0.17 guest space • One -bedroom 1.50 resident spaces plus 0.17 guest space • One -bedroom 1.75 resident spaces plus 0.17 guest space Based on these ratios and given the mix of Vernon's housing units, the Vernon project would require 76 parking stalls, exactly what is being provided. Lastly, the City discussed the proposed parking ratios with Solari Enterprises Inc., who manages over 75 low and moderate income family housing projects in the Southern California area. This firm routinely performs parking surveys of tht-unitsthey manage. They have found all of the developments that they manage have excess parking spaces during all periods of the day, with the exception of one development in San Diego, which is parked at 0.5 spaces per unit. This includes an 80 unit complex with 83 parking stalls, a 78 unit complex with 84 parking stalls and an 85 unit complex with 134 parking stalls all located in the City of Los Angeles. The City of Vernon appreciates your concerns and believes. that all of the issues that you have raised have been adequately addressed. If you have any questions please do not hesitate to contact me. SKW C6vin Wilson, P.E. of Community Services & Water City of Vernon, 4305 Santa Fe Avenue, Vernon, California 90058 — Telephone (323) 583-8811 KUNZMAN ASSOCIATES, INC. OVER 35 YEARS OF EXCELLENT SERVICE February 4, 2013 Ms. Laura Stetson MIG I HOGLE-IRELAND 630 North Rosemead Boulevard, Suite 150 Pasadena, CA 91107 Dear Ms. Stetson: INTRODUCTION The firm of Kunzman Associates, Inc. is pleased to provide this project analysis for the 52nd Drive Apartments project. The proposed project site is located on the north side of East 52nd Drive and east of Atlantic Boulevard in the City of Vernon (see Figure 1). Although this is a technical report, every effort has been made to write the report clearly and concisely. To assist the reader with those terms unique to transportation engineering, a glossary of terms is provided in Appendix A. PROJECT DESCRIPTION The project site is proposed to be developed with 45 apartments. Figure 2 depicts the proposed project site plan. The site is currently vacant and not generating any vehicular trips. Apartment land use peak traffic volumes occur in the morning and evening when inhabitants are going to and from work. Mid -day volumes are often shopping oriented or child related, such as home -to - school and home -to -Little League. The vehicle mix is virtually all passenger vehicles. GENERAL PLAN LAND USE The project site is currently projected to be developed with manufacturing land use. Manufacturing land use will characteristically have fewer employees per acre than most other business or commercial uses, and fewer non -employee visits. There are pronounced traffic peaks as employees arrive in the morning and depart in the evening. The vehicle mix is split between passenger vehicles and heavy trucks. 1111 TOWN & COUNTRY ROAD, SUITE 34 ORANGE, CALIFORNIA 92868 (714)973-8383 W W W.TRAFFIC-ENGINEER.COM Ms. Laura Stetson MIG I HOGLE-IRELAND February 4, 2013 I EXISTING TRAVEL LANES AND INTERSECTION CONTROLS Figure 3 identifies the existing roadway conditions within the study area. The existing number of through travel lanes, intersection controls, and the intersection geometries are identified. REQUIREMENT OF A TRAFFIC IMPACT ANALYSIS In Los Angeles County, the minimum project added traffic that is needed before an intersection has to be studied is 50 two way trips in either the morning or evening weekday peak hour. If a project adds more traffic than the minimum threshold amount to an intersection, then that intersection has to be analyzed for deficiencies. - DEFINITION OF DEFICIENCY AND SIGNIFICANT IMPACTS The City of Vernon has an established acceptable Level of Service of D. Level of Service E and F are unacceptable. Based on the Los Angeles Department of Transportation Policies and Procedures, an impact is considered significant if the project -related increase in the volume -to -capacity ratio equals or exceeds the thresholds shown below: Significant Impact Threshold for Intersections Level of Service Volume/Capacity Incremental Increase C 0.70-0.79 0.04 or more D 0.80-0.89 0,02 or more E/F 0.90 - more 0.01 or more DETERMINATION OF INTERSECTION CAPACITY In Los Angeles County, the technique used to calculate Intersection Capacity Utilization is as follows. Lane capacity is 1600 vehicles per lane per hour of green time for through and turn lanes, except that a capacity of 2880 vehicles per lane per hour of green.time is used for dual turn lanes. A total yellow clearance time of 10 percent is added. To determine the potential capacity of an intersection the appropriate percentage of green time has been allocated to each turning movement and then multiplied by the lane capacities. The theoretical capacity of Atlantic Boulevard (NS) at District Boulevard (EW) is 4,828 vehicles per hour and the Atlantic Boulevard INS) at East 52nd Drive (EW) is 8,063 vehicles per hour (see Table 1). W W W.TRAFFIC-ENGINEER.COM 2 Ms. Laura Stetson MIG I HOGLE-IRELAND February 4, 2013' PROPOSED PROJECT TRIP GENERATION The trips generated by the proposed project are determined by multiplying an appropriate trip generation rate by the quantity of land use. Trip generation rates are predicated on the assumption that energy costs, the availability of roadway capacity, the availability of vehicles to drive, and our life styles remain similar to what we know today. A major change in these variables may affect trip generation rates. Trip generation rates were determined for daily traffic, morning peak hour inbound and outbound traffic, and evening peak hour inbound and outbound traffic for the proposed land use. By multiplying the trip generation rates by the land use quantity, the traffic volumes are determined. Table 2 shows the proposed project trip generation based upon rates obtained from the Institute of Transportation Engineers, Trip Generation 9th Edition, 2012. The proposed project is projected to generate approximately 299 daily vehicle trips, 23 of which will occur during the morning peak hour and 28 of which will occur during the evening peak hour. PROPOSED PROJECT TRIP DISTRIBUTION To determine the trip distribution for the potential project, peak hour traffic counts of the existing directional distribution of traffic for existing areas in the vicinity of the site, and other additional information on future development and traffic impacts in the area were reviewed. The trip distribution for the potential project is provided on Figure 4. THEORETICAL INTERSECTION IMPACTS The theoretical intersection impacts are based on the intersection capacity compared to the number of project trips that are projected at each intersection. In order for the. project to impact the intersection by one (1) percent, the intersection of Atlantic Boulevard INS) at District Boulevard (EW) would have to receive 48 project vehicle trips during the morning or evening peak hour (4,828 X 0.1 = 48.28), and the intersection of Atlantic Boulevard INS) at East 52nd Drive (EW) it would have to receive 80 project vehicle trips during the morning or evening peak hour (8,063 X 0.1 = 80.63). Table 3 shows that that the projects trips are well below the one (1) percent threshold for Level of Service F. The study area intersections are not projected to be impacted. CONCLUSION The project does not contribute traffic to the study area greater than or equal to the fifty (50) peak hour vehicle trip threshold during the morning or evening peak hours. WWW.TRAFFIC-ENGINEER.COM 3 Ms. Laura Stetson MIG I HOGLE-IRELAND February 4, 2013 If the intersections of Atlantic Boulevard INS) at District Boulevard (EW) or Atlantic Boulevard (INS) at East 52nd Drive (EW) were analyzed, the project does not generate enough vehicle trips to significantly impact the intersections. It should be noted that intersection deficiencies in shown in the City of Vernon General Plan Update Traffic Impact Analysis, dated December 11, 2012, are from the existing land uses and areawide growth but not the proposed project and the vacant parcels within the City. It should be noted that the 52nd Drive Apartment project will decrease the potential for heavy truck traffic along East 52nd Street adjacent to the existing homes of the residents to the City of Maywood. It has been a pleasure to serve your needs on this project. Should you have any questions or if we can be of further assistance, please do not hesitate to call at (714) 973-8383. Sincerely, KUNZMAN ASSOCIATES, INC. Q'o A Carl Ballard, LEED GA Principal Associate QPpF ESSJpy 9 W 3 No TR0056 Z n d R5031b \\* W W W.TRAFFIC-ENGINEER.COM KUNZMAN ASSOCIATES, INC. William Kunzman, P.E. Principal - O Table 2 Trip generation' Land Use Quantity Unit Morning Evening Daily Inbound Outboundl Total Inbound Outbound Total Trip Generation Rates DU 0,10 0.41 0.51 0.40 0.22 0.62 6.65 Apartments Trips Generated Apartments 45 DU 5 18 23 18 10 28 299 [Source: Institute of Transportation Engineers,Trio Generation. 9th Edition, 2012, Land Use Category 220. ' DU = Dwelling Unit M N a O O z z a u u V w o a c C n C Q U1 d •' u O O/ w m n w v C c rvQ > w N m �+ C O O � d L eo m u a w t: n Figure 1 Project Location Map Atlantic Boulevard East 52nd Street District Boulevard - FPfr Sl O as P Site King Avenue/ Mayflower Avenue NTS 5031/1 KLINZMAN ASSOCIATES, INC. OVER 3S YEARS OF LXCELEE\T bERV ICE 0 Figure 2 Site Plan — ! L LJ ILA � .. T n h AI Ana. Gs IF I r I rw I� Ir�1 I,I. i— _ < — ezwo naK NTS KUNZMAN ASSOCIATES, I OVER 35 YEARS OF EXrO i SKIT Sro u-, 9 5031/2 Figure 3 Existing Intersection Controls and Through Travel Lanes Atlantic Boulevard East 52nd Street\ 6D 4D 0 2U 2U 6D e� 60 District Boulevard 4a 40 Fds rs� 0 2U ao P 2U Site 2U King Avenue/ `o. 2U 2U Mayflower Avenue/ - Legend Q =Traffic Signal STOP = Stop Sign 4 = Through Travel Lanes D = Divided U = Undivided >> = Free Right Turn NTS 5031/3 KLINZMAN Assoc IATES, INC. Intersection reference numbers are in upper left corner of turning movement boxes. dbbsos dbbso.s Is°lYP Rs°IfP OVER BS YEARS Of EXCELLEL'T SERVICE 10 NTS East Und KLINZMAN ASSOCIATES, INC. OVER 35 VEAR$OE EXCELLENT SERVICE Figure 4 Project Trip Distribution 11 Legend 10%= Percent To/From Project 5031/4 APPENDIX A GLOSSARY OF TRANSPORTATION TERMS GLOSSARY OF TRANSPORTATION TERMS COMMON ABBREVIATIONS AC: Acres ADT: Average Daily Traffic Caltrans: California Department of Transportation DU: Dwelling Unit ICU: Intersection Capacity Utilization LOS: Level of Service TSF: Thousand Square Feet V/C: Volume/Capacity VMT: Vehicle Miles Traveled TERMS AVERAGE DAILY TRAFFIC: The total volume during a year divided by the number of days in a year, Usually only weekdays are included. BANDWIDTH: The number of seconds of green time available for through traffic in a signal progression. BOTTLENECK: A constriction along a travelway that limits the amount of traffic that can proceed downstream from its location. CAPACITY: The maximum number of vehicles that can be reasonably expected to pass over a given section of a lane or a roadway in a given time period. CHANNELIZATION: The separation or regulation of conflicting traffic movements into definite paths of travel by the use of pavement markings, raised islands, or other suitable means to facilitate the safe and orderly movements of both vehicles and . pedestrians. CLEARANCE INTERVAL: Nearly same as yellow time. If there is an all red interval after the end of a yellow, then that is also added into the clearance interval. CORDON: An imaginary line around an area across which vehicles, persons, or other items are counted (in and out). CYCLE LENGTH: The time period in seconds required for one complete signal cycle. CUL-DE-SAC STREET: A local street open at one end only, and with special provisions for turning around. DAILY CAPACITY: The daily volume of traffic that will result in a volume during the:. peak hour equal to the capacity of the roadway. DELAY: The time consumed while traffic is impeded in its movement by some element over which it has no control, usually expressed in seconds per vehicle. DEMAND RESPONSIVE SIGNAL: Same as traffic -actuated signal. DENSITY: The number of vehicles occupying in a unit length of the through traffic lanes of a roadway at any given instant. Usually expressed in vehicles per mile. DETECTOR: A device that responds to a physical stimulus and transmits a resulting impulse to the signal controller. DESIGN SPEED: A speed selected for purposes of design. Features of a highway, such as curvature, superelevation, and sight distance (upon which the safe operation of vehicles is dependent) are correlated to design speed. DIRECTIONAL SPLIT: The percent of traffic in the peak direction at any point in time. DIVERSION: The rerouting of peak hour traffic to avoid congestion. FORCED FLOW: Opposite of free flow. FREE FLOW: Volumes are well below capacity. Vehicles can maneuver freely and travel is unimpeded by other traffic. GAP: Time or distance between successive vehicles in a traffic stream, rear bumper to front bumper. HEADWAY: Time or distance spacing between successive vehicles in a traffic stream, front bumper to front bumper. INTERCONNECTED SIGNAL SYSTEM: A number of intersections that are connected to achieve signal progression. LEVEL OF SERVICE: A qualitative measure of a number of factors, which include speed and travel time, traffic interruptions, freedom to maneuver, safety, driving comfort and convenience, and operating costs. LOOP DETECTOR: A vehicle detector consisting of a loop of wire embedded in the roadway, energized by alternating current and producing an output circuit closure when passed over by a vehicle. MINIMUM ACCEPTABLE GAP: S. allest ti a headway between successive vehicles in a traffic strea into which another vehicle is willin and able to cross or er e. MULTI -MODAL: More than one ode; such as auto obile, bus transit, rail rapid transit, and bicycle transportation odes. OFFSET: The ti a interval in seconds between the be innin of reen at one intersection and the be innin of reen at an adjacent intersection. PLATOON: A closely rouped cc ponent of traffic that is co posed of several vehicles ovin , or standin ready to ove, with clear spaces ahead and behind. ORIGIN -DESTINATION SURVEY: A survey to deter ine the point of on in and the point of destination for a iven vehicle trip. PASSENGER CAR EQUIVALENTS (PCE): One car is one Passen er Car Equivalent. A.. truck is equal to 2 or Passen er Car Equivalents in that a truck requires Ion er to start, oes slower, and accelerates slower. Loaded trucks have a hi her Passen er Car Equivalent than a pty trucks. PEAK HOUR: The 60 consecutive inutes with the hi hest nu ber of vehicles. PRETIMED SIGNAL: A type of traffic si nal that directs traffic to stop and o on a predeter ined ti a schedule without re and to traffic conditions. Also, fixed ti e si nal. PROGRESSION: Ater used to describe the pro ressive ove ent of traffic throu h several si nalized intersections. SCREEN -LINE: An i a inary line or physical feature across which all trips are counted, nor ally to verify the validity of athe atical traffic odels. SIGNAL CYCLE: The ti a period in seconds required for one co plete sequence of si nal indications. SIGNAL PHASE: The part of the si nal cycle allocated to one or ore traffic ove ents. STARTING DELAY: The delay experienced in initiatin the ove ent of queued traffic fro a stop to an avera a runnin speed throu h a si nalized intersection. TRAFFIC -ACTUATED SIGNAL: A type of traffic si nal that directs traffic to stop and o .in accordance with the de ands of traffic, as re istered by the actuation of detectors. TRIP: The movement of a person or vehicle from one location (origin) to another (destination). For example, from home to store to home is two trips, not one. TRIP -END: One end of a trip at either the origin or destination; i.e. each trip has two trip -ends. A trip -end occurs when a person, object, or message is transferred to or from a vehicle. TRIP GENERATION RATE: The quality of trips produced and/or attracted by a specific land use stated in terms of units such as per dwelling, per acre, and per 1,000 square feet of floor space. TRUCK: A vehicle having dual tires on one or more axles, or having more than two axles. UNBALANCED FLOW: Heavier traffic flow in one direction than the other. On a daily basis, most facilities have balanced flow. During the peak hours, flow is seldom balanced in an urban area. VEHICLE MILES OF TRAVEL: A measure of the amount of usage of a section of highway, obtained by multiplying the average daily traffic by length of facility in miles. Parking Requirements Guide For Affordable Housing Developers Southern California Association of Non -Profit Housing 3345 Wilshire Blvd. Suite 1005 Los Angeles, CA 90010 Www.scanph.org 02.17.04 Table of Contents Parking Requirements Fact Sheet page 3 List of Relevant Resources 4 Best Practices Policies 6 Example Best Practices Policy - Los Angeles 7 Sample Southern California Minimum Parking Requirements 8 Related Newspaper Articles 11 "Rethinking Residential Parking: Myth & Facts" Appendix A Report by the Non -Profit Housing Association of Northern California Southern California Association of Non -Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 www.sconoh.ora -2- Parking Requirements and the Cost to Affordable Housing Fear of traffic congestion and overcrowded street parking has led many cities to establish minimum parking requirements calling for developments to provide often excessive amounts of off-street parking. Aside from creating excess parking and adding to congestion by encouraging automobile usage, parking requirements have a tremendous negative impact on development of all kinds, especially affordable housing. Problems for Affordable Housing Developers • Increases Development Costs - Parking requirements drive up the cost of development, resulting in less units of housing. Needing to spend more on parking means less funds available to provide housing. Some developments end up having more space for cars than for people. Reduces the Potential for Other Amenities and Uses Wastes Land - Parking requirements also mean that less money and land is available for other purposes. Childcare facilities, community rooms, and play areas may all be sacrificed in order to accommodate parking. The possibility for mixed -use, such as ground - floor retail, are also reduced, leaving other community needs unmet in the name of parking. • Less Attractive Designs - Meeting parking requirements becomes a focal point in the design process and eliminates opportunities to incorporate open space. With less parking to consider, a building can be designed that more reflects a neighborhood's context and needs. Is All This Parking Needed? No. Parking requirements have largely been arbitrarily determined and do not usually reflect the verifiable parking needs of the people who will make use of a development. • Parking requirements have often been set using a "one -size fits all" approach using information gathered during peak periods at developments with ample parking in areas with few public transit options. s The likely residents of affordable housing do not require a great deal of parking. Studies show that the correlation between income and vehicle ownership is strong, with the likelihood of owning more than one vehicle increasing with Southern California Association of Hon -Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH: 213-480-1249 vvWvv scanoh orra 3 income. Low-income families, seniors, and special needs populations are less likely to require the use of more than one parking space, if that at all. The need for parking also decreases for residents in dense areas near transit. Southern California Association of Non -Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 www.scanah.om -4- Resources Planning for Residential Parking: A Guide for Housing Developers and Planners. Website created by NPH to help developers be more effective in arguing for reduced parking. Contains data, recommendations, and a model for determining the amount of parking needed by a specific site. htfp://dcrp ced.berkelev edu/students/rrusso/parking/Developer%20Manual/In dex him Donald Shoup Professor, Urban Planning. UCLA. Has written numerous reports regarding parking requirements. Argues for reduced parking requirements for numerous developments, including affordable housing. shoul2@ucla edu Reports Parking Requirement Impacts on Housing Affordability Todd Litman, Victoria Transport Policy Institute. Victoria, B.C., Canada, 1999, www.vtipi.org/park-hou.pdf Pavement Busters Guide: Why and How to Reduce the Amount of Land Paved for Roads and Parking Facilities Todd Litman, Victoria Transport Policy Institute. Victoria, B.C., Canada, 2000. www.vfoi.org/rpav-bust.jpdf Smart Growth Zoning Codes: A Resource Guide Local Government Commission. Sacramento, 2003, To order a copy, visit www.lac org Travel Characteristics of Transit -Oriented Development in California Hollie Lund (CSU Poly, Pomona), Robert Cervero (UC Berkeley), Richard Wilson (CSU Poly, Pomona). California, 2004. Please contact SCANPH for a copy. Rethinking Residential Parking: Myth & Facts Southern California Association of Mon -Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH: 213-480-1249 www scanoh ora 5- Non -Profit Housing Association of Northern California (NPH). San Francisco, 2001. www nonprofithousina org/actioncenter/toolbox/parking/mythsondfacts pdf Reducing Housing Costs by Rethinking Parking Requirements San. Francisco Planning and Urban Research Association (SPUR). San Francisco, 1998. www.sour.org/documents/sr)urhsqpkq.ipdf Reports, cont. Buying Time at the Curb Donald Shoup, UCLA Department of Urban Planning. Los Angeles, 2003. www.sr)osr.ucla.edu/uip/webfiles/­buyingtime.pdf The High Cost of Free Parking Donald Shoup, UCLA Department of Urban Planning. Los Angeles, 1997 www sppsr ucla edu//dup/people/faculty/Shoup%2OPub%204 r)df In Lieu of Required Parking Donald Shoup, UCLA Department of Urban Planning. Los Angeles, 1999. www sr)psr ucla edu//dup/people/faculty/Shoup%2OPub%202.pdf The Trouble With Minimum Parking Requirements Donald Shoup, UCLA Department of Urban Planning. Los Angeles, 1999. Housing Shortage/Parking Surplus: Silicon Valley's Opportunity to Address Housing Needs and Transportation Problems with Innovative Parking Policies Transportation and Land Use Coalition. San Jose, 2002. www.transcoalition.orci/reports/housing s/housing shortage home html Southern California Association of Non -Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 www.sconoh.org M Best Practice Policies Here is a quick list of jurisdictions and practices that can be used as examples: • — '' Descriptions Combined Reductions in City of Los Angeles See Next Page Parking Requirements for Affordable Housing Parking requirements reduced by .25 spaces and Proximity to Transit City of San Diego per dwelling unit for Transit Area or Very Low Income housing (Municipal Code 142 05) Par king Requlremehi 'Redutes parking for two bedroofrt-gffof� le ;` Reductions for Sonfd Monica housing units'from 2 spaces perur ft to 1 $ AffordablarHo6ting sfaa'ces`peFurit Using Square Feet In R-4 district, parking requirements are 1 per Rather Than Bedrooms 1,000 ft of gross floor area. This reduces the for Parking City of Berkeley penally that minimum parking requirements Requirements typically have on smaller units. (Section 23 D.40.080) In RC-4, RSD and C 3 Distracts (e>ice'p} Van Lower Parking San Francisco Ness Special use Dlstndt),`park rag regvlr�m`en}'; Requirementsln is reduced 10 1 space per 4 units to ' l ' ; rce - DowntownSiwrfh Higher per unit(Articia 1 5 Section i l � ; ¢ensdieq pn 8 I ' For multi fgmlly. hopsrr g patkir}g rdtias qPe 1 Trans d}Stia z Clgkland - . per'ynit n higher 1ne�sltl d(e versus; } f5,per, unitfnofheraraas (MuhlipolOote u I t 6 Q60) Lower Parking San Jose Requirements for Unassigned Parking Lots versus Assigned Parking Spaces Sunnyvale Allowing Residential - �San�td,Cl bra bounty - For I bedrooms and studios only, San Jose has a 0.5 spaces per unit reduction in MPRs when a facility is "All Open Parking" vs. "One -Car" or 'Two -Car Garage" (Municipal Code 20 12 215) If open lot, parking requirements are 0.3 to 0.4 spaces per unit lower than developments using one -fully enclosed garage. (Municipal Code 19.46,050) Passik"?Ora{�apilbr"pT Southern California Association of Non -Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA90010 PH: 213-480-1249 www scon_ph ory 7- D1c(pjfaf MP a !ors; fo'f�Urc}fd4, 'Anh., ' Transit , for AJI Reldc nls.,dtisa. Qiseou n f "By -right" reductions in parking requirements for Senior and disabled housing One -fifth the regular parking requirement for housing specifically designed for and San Francisco occupied by senior citizens or physically handicapped persons. (Article 1.5. Section 151) 25% reduction of parking requirement for Berkeley housing exclusively for persons over the age of sixty-two (62). One space per 5 residents for nursing homes. (Section 23DA0.080) Discretionary reductions in parkin requirements Gonaarc fot Berk. ancf dlsakzlecf- hau��rnc�5 , y Southern California Association of Non -Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 w .scanoh.ora City of Los Angeles Municipal Code Chapter 1, General Provisions & Zoning Section 12.22 A 25 (d) 25. Affordable Housing Incentives/Density Bonuses. (d) Affordable Housing Production Incentives. Notwithstanding any provisions of this article to the contrary, density bonus projects, and other development projects with any restricted affordable units or any affordable accessible units, shall be granted the following incentives: (1) In calculating dwelling units or guest rooms, density shall be rounded upwards from fractions of one-half (1 /2) and more from that permitted by the applicable zone to allow one additional dwelling unit or guest room. (2) Parking requirements for each restricted affordable unit only shall be as follows: project located 1,500 feet of a mass t station or major bus PFor 1.00 parking space per dwell-ing unit, regardless of the number of habitable rooms project containing1 1.00 parking space per abitable rooms and dwell-ing unit not to-cated within 1,500 feet of a transit station or major bus route For a project containing 3 1.50 parking spaces per or more habitable rooms dwelling unit and not located within 1,500 feet of a transit station or major bus route For any project containing 0.50 parking space per units designed for senior dwell-ing unit or guest citizens and/or disabled room persons For a single -room 0.25 parking space per occupancy hotel dwell-ing unit or guest room, with a minimum of 5 parking stalls per facility Southern California Association of Non -Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH: 213-480-1249 www.scanr)h.org M ƒ ( , k % k g a L J i a poi 1 €1 m � I i 4' go 4V � a a 1 � _ .0 9 Qi Ou P � 1 i s i hma 7r G h J 1.20 g F d rIj January24, 2013 Olt)r.of Vernon k4iirr Viflisun, Director of Community Services and Water 43l>(i S,eilta: Pe Avenue Veman, CA'90068 RE: Writ. _ . ornnnents.on Proposed 4&UnIt Affordable Housing Development meted at48' Vr4 Drve-.Vemon,.CA 90058 = . Deal Mi'Wilson:'' We have reviewed the City of Vemon'e Mitigated Negative Declaration for the proposed abovementioned'project While we do not oppose the project, we do have the following commbnte/oondome• • The<slte plan does not show the depth of the subject property. • The. sheaplanshows a`fence loi'Ood•dght along the front property line. As the City of Maywood has residential unhE Immediatety to the south of this property, we are recommending that any fencing .be located behind a front landscaped setback area. Fencing mat dal and height should also be called out on the site plan. • The aasessbr.parcel map shows 62"d. Drive as a b0 foot wide street. The site plan tndieatea thatthe property line starts 26 feet from the street centerline to the subject site property line. 0 landscaping is -proposed in front of the proposed fence, that would be within the City of Vernon right=of_way. Who will maintain this landscaped setback area? • Please ' provide us whh an'actual 1u11 scale she plan which shows fencing materials, including driveway gates, location of King Avenue (will the proposed driveway line up with this street?), proposed front landscaped setback (front landscape plan) and public improvements, i.e. existing telephone poles, along 52nd Drive. • Please provide us with a southern elevation of the proposed project (street view from 52n4`Drive) • Under Section 4.15 Transportation and Traffic, the Mitigated Negative Declaration states, under Sections a-d, that there are No Impacts. The City of Vernon's acceptable level of service Is D, while the City of Maywood's acceptable level of service for local streets is C. 52nd Drive In Maywood Is a local street. According to the City of -Maywood's Rnal EIR Land Use and Circulation Elements, in accordance with the ,C s LOS standard, which is LOS D for arterial and collector streets, study Intersections that deteriorate to LOS E or worse are significantly impacted and mitigation is required. • The Traffic Study does not clearly address the future level of service at the intersection of 52nd Drive and Atlantic Blvd. It does, however, address the Intersection of District Blvd.. and Atlantic Blvd. with a projected level of service between E and F. MUM show adequate on -site emergency aCcdie. Assessor Parcel Map, 52nd Drive Is 60 feet In width. The iatrow and there are signs stating 'No Paridng At Any i2tnd° Drive In the City of Vernon public-r(ght-of-way. We td visiiois associated with this. project may park along the the City of Maywood, creating a burden to this already DECEIVE® FEB 14 2013 ` CITY ADMINISTRATION COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Mark Whitworth, City Administrator FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: February 14, 2013 SUBJECT: Response to comments from South Coast Air Quality Management District (AQMD) and the City of Maywood regarding the proposed 45-Unit Affordable Housing Development Project We have received a letter from South Coast Air Quality Management District ("AQMD") dated January 25, 2013 and a letter from the City of Maywood dated January 24,2013 regarding the above -mentioned project. AQMD has submitted written comments (copy of letter attached) regarding the proposed project site being exposed to significant levels of air pollution from nearby industrial sources. In response to AQMD's letter the staff has prepared written responses (see attachment). It is staff s opinion that the concerns that AQMD has raised have been adequately addressed in the proposed mitigation measures. Therefore, the staff believes we have satisfied any issues or concerns pertaining to this project. The letter received from the City of Maywood is regarding the potential impacts from construction and operations from the proposed project site. In response to their letter the staff has prepared written responses. It is staff s opinion that the concerns that the City of Maywood has raised have been adequately addressed in the response letter (see attachment). Therefore, the staff believes we have satisfied any issues or concerns pertaining to this project. SKW/sc Attachments lToler, 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 February 14, 2013 G-4 Ian MacMillan South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765-4182 Dear Mr. MacMillan: The City thanks the SCAQMD for the comments regarding the air quality impact assessment performed in support of the proposed low income housing development. The City feels, as the Lead Agency, that the appropriate significance criteria have been used to assess potential health impacts to the future residents, and that the development of the proposed site for residential uses results in less than significant impacts. The City also notes that it has been conservative in conducting the health risk assessment (HRA) for CEQA purposes, as the CEQA statute and case law indicate that the focus of the analysis is project impacts on the environment, "not the impact of the environment on the project. The City concurs with the SCAQMD that HRAs for the siting of sensitive land uses within an existing built environment typically include sources of toxics air contaminants (TACs) .located within one -quarter mile of the project site. It should be noted, the health risk analyses were originally prepared to aid the City in assessing the suitability of multiple non-specific potential housing locations within the City of Vernon. To ensure flexibility and maximum applicability, the health risk analyses included TAC sources within a larger radius of the candidate sites. Based on the maximum individual cancer risks, the City concluded a number of health protective design features should be integrated into future development plans, as appropriate. In addition, the burden threshold was used to assess the relative risks by accounting for the different future populations each potential housing site could accommodate. For the reasons stated in the HRA, the City does not believe the incremental cancer risk is an appropriate threshold for this project. Nonetheless, in response to the SCAQMD's letter, the City has reviewed the HRA and verified that the individual cancer risks reported in the MND are highly conservative for the specific project site currently under consideration, as it includes sources farther than one -quarter mile of the proposed project site. Applying the control efficiency of an air intake filtration system rated at MERV 8 to the unmitigated screening HRA risks results in a maximum predicted cancer risk of approximately 12 in one million in the vicinity of the proposed project site. (This value also accounts for the corrected breathing rate, as noted below.) This cancer risk value included approximately 3,500 feet distance from the I-710 ECcfusivefy Industridf February 14, 2013 Page 2 freeway and the Atlantic Boulevard off -ramp, which is outside of the quarter -mile radius of the identified project boundaries. Per SCAQMD's suggestion, the City has refined the HRA modeling to more specifically only include sources within one -quarter mile of the site. Based on review of site plans and aerial photo measurements,, the City notes that a segment of the I-710 freeway lies within one -quarter mile of the nearest (northeastern) boundary of the proposed residential development. The majority of the dwelling units will be built more than one -quarter mile from the freeway. The site -specific dispersion modeling and risk calculations show that future residents will be exposed to a cancer risk of 6 in one million, which is less than the threshold of 10 in one million recommended by the SCAQMD. The cancer risk value of one in six million also takes into account MERV 8 filtration systems which will be installed in the units as required by mitigation measure 4.3-1, as outlined in the mitigation monitoring reporting program for the project. Detailed dispersion modeling and health risk calculation files were sent to the SCAQMD for review on or around February 4, 2013. AQMD RECOMMENDED MITIGATION MEASURES Review of the HRA has not revealed any significant air quality impacts. The proposed mitigation continues to be adequate. Mitigation measure 4.3-1 requires installation of MERV 8 filtration systems in each unit and further, that the project manager provide long-term maintenance of the filters. The mitigation measure does not require positive pressure with the building's filtered ventilation system in living spaces since provision of the MERV 8 filtration systems alone is deemed adequate. MODELING FILE AVAILABILITY Comment noted. Detailed dispersion modeling and health risk calculation files were sent to the SCAQMD for review on or around February 4, 2013. Health Risk Modeling Parameters Comment noted. The breathing rate used for future residents should be 21.1 m3/day. The City notes that the correct breathing rate was used in the HRA to calculate impacts from stationary sources. The breathing rate was corrected and applied to the refined mobile source analysis discussed above. Results of the analysis indicated that cancer risk would be below the 10 in one million threshold recommended by the SCAQMD. Therefore the results discussed above for the proposed site are consistent with the analysis contained in the MND. Health risk impacts will remain less than significant, and no mitigation measures are required. The diesel particulate matter emission rate used in the HRA was based on the current fleet mix. t Although future fleet mix will result in reduced DPM emissions, the analysis takes a conservative approach. Therefore, the City feels that no corrections are necessary. 1 1 California Air Resources Board EMFAC 2011 database. htto://www.arb.ca.eov/emfac/ (Accessed October 2012( City of Vernon, 4305 Santa Fe Avenue, Vernon, California 90058 — Telephone (323) 583-8811 February 14, 2013 Page 3 SKW Sincere ,,;amam el Kevin Wilson, P.E. Director of Community Services & Water City of Vernon, 4305 Santa Fe Avenue, Vernon, California 90058 - Telephone (323) 583-8811 y r C V Ma a R � CE OQ ra Vl m O x a _) -0 C u EC f0 L L. a° 4 N C E O CL N O 6 C > R C 4J 0 �E W H Eaa L a.+ OILK E d a a+ o i > 0 CL O i+ C y G 7 E N 0 C > Q ! L c i Q C v.0 A E 0. 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Y�v-a g a >mv m a c 10 ErnT am u� d mx�E'o wvwm ma E.-rn w>c c C c v L c m U_ o w a w c rn a y v >> i, C m v E O V a> ad+ .0 i .3 u m 'O N m 3 m tLu¢rE�yE -o_x m "rnEorn TC CLu 30� LmM�� i'o OC�Y OCC�U/W ._m'm a o w ¢03 a Mm Vmi w`o MZU)�v' m � 7 •� N � .y N � v v �• v v a _ O L N L N c a e E m y E 0 U w O C O N C w > N a :C C fa N Y II c •� e c c 'C m V N O J m v E C 'C CO J v E 'E m N `v E o d 'E a E u m r D !" E u m r J h E u m t 'a m5.oL�'v m3o�,'aai 0Z3a i UN Um O Um Q♦ CL O c u W oo.my c 'c O p p II O J Vml v` E a EaEm? �w�n Ewo��"�wEum� Q.cE mv'�vo o+,= E Op a!"aJ oLcEZ3n s U N.� Wu 'm c N c a m i cUlA Om m v `e G.:�+ 0 rn 0 O c Y, C1 `C p m uWC+' 0+ m SNCY o+ c-T p c E a c n E Cva o c m EE o' ��`w C a a` �.�I = n'-cu f LL mco Nim a n v Da w ¢ 10 O c m m II II u� C a a) G - v�ao E w g t o m a^° O o II u p a W i a > L al II iv mE 0 IA N p o X 'O v > m J U G Yr N i a N OmU Vi y O ip n +� G y t . E? wmm a C V J v N 0'u h� a 2 w E m 3 i tW v 1+ VI J U CT m m y N J V N c 0 W Z= c E u- W m L }; .. 0 u 0` E °m' m `ma E °v' a nn vvv�c a O Ems' C >a,J, � O v T Jai c v wJ2';� m L U 0 II, w w o E p 0 v n OI J Q_ E a) N yl O J V G Uj •_' L v� N y m II II in - V O D w v o C m ui u 3 0- O n-vlcw Ym om'ac N> EomII� o aaIIi�� 'a v 'm nvrc5 ?,m, ` oIIjpv=IIII m. v vim L V m y w t-SES.o o O 1I U mav� a C m ¢mauE •! N M Z v v a 3 a b O k N Y South Coast Air Quality Management District 21865 Copley Drive, Diamond Bar, CA 91765-4182 (909) 396-2000 • www.agmd.gov E-Mailed: January 25 2013 January 25, 2013 K Wilson@ci.vemon.ca.us Mr. Kevin Wilson City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Review of the Draft Mitigated Negative Declaration (MND) for the 45-Unit Affordable Housing Development Proiect The South Coast Air Quality Management District (AQMD) staff appreciates the opportunity to comment on the above -mentioned document. The following comments are intended to provide guidance to the lead agency and should be incorporated into the final environmental document as appropriate. The MND demonstrates that the residents living on the project site will be exposed to significant levels of air pollution from nearby industrial sources. Specifically, the MND states that residents at the preferred project site will be exposed to an incremental cancer risk of 26 in one million, however, the lead agency concludes that the project will result in less than significant air quality impacts. Further, the Health Risk Assessment (HRA) contained in the MND appropriately compares the project's cancer risk levels to AQMD's cancer burden threshold of 0.5 and the AQMD's Maximum Incremental Cancer Risk (MICR) threshold of 10 in one million. However, it appears that the lead agency based its significance determination solely on the cancer burden threshold. The AQMD CEQA significance thresholds are not intended to be individually selected and applied to projects; therefore, the AQMD staff recommends that the lead agency revise the MND to ensure that the air quality significance determination is based on all AQMD CEQA significance thresholds including the MICR value of 10 in one million. If upon revision of the MND the lead agency determines that the project will have significant air quality impacts based on the HRA the AQMD staff recommends that the lead agency include the following mitigation measures in the final CEQA document. a. Specify conditions to ensure that high efficiency filters will continue to be maintained and replaced for the life of the project (e.g., through a provision in the covenants, conditions and restrictions, CC&Rs), and b. Consider maintaining positive pressure with the building's filtered ventilation - system in living spaces to reduce infiltration of unfiltered outdoor air. Of i r�. 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 February 11, 2013 Rocio .Lopez City of Maywood 4319 East Slauson Avenue Maywood, CA 90270 Dear Mr. Lopez: G-4 Thank you for providing your comments to the proposed 45 unit affordable housing development project to be located at 4675 52 IdDrive in the City of Vernon. The City of Vernon hereby responds to the comments and questions you have raised. C-1: The Site plan does not show the depth of the property, A: The depth of the property that will be developed is 199.4 feet; please see the attached site plan. C-2: The site plan shows a fence located right along the front property line. As the City of Maywood has residential units immediately to the south of this property, we are _recommending that any fencing be located behind a front landscaped setback area. Fencing material and.height should also be called out in the site plan. A: The City of Vernon has no setback requirements on fencing. However, the City will work with the developer to see if the fence can be slightly set back from the street right-of=way. The attached site plan currently shows the fence will be set back two feet from the back of sidewalk. Additionally, the Developer will be landscaping the parkway strip in the sidewalk area while maintaining a pedestrian walkway in compliance with ADA. This will also aid in softening the look of the fence. The fence and gate material along the street right of way will be six foot in height and be of wrought iron materials. C-3: The assessor parcel map shows 52"d Drive as a 50 foot wide street. The site plan indicates that the property line starts 25 feet from the centerline to the subject site property line. If landscaping is proposed in front of the proposed fence, that would be within the City right of way. Who will maintain this landscaped setback area? A: The landscape area in the parkway strip is required to be maintained by the adjoining property owner in accordance with Sections 22.62 and 22.63 of the City Code. ECcCusivefy Industnaf February 13, 2013 Page 2 C-4: Please provide us with an actual full scale site plan which shows fencing materials, including driveway gates, location of King Avenue (will the proposed driveway line up with this street?), proposed front landscape setback (front landscape plan) and public improvements i.e. existing telephone poles, along 52nd Drive. A: Attached herewith you find a copy of the plan you have requested. It should be noted that the City is not requiring the developer to underground the aboveground utilities. Two additional fire hydrants will be added in and around the frontage of the property. The exact location of the fire hydrants will be determined by the Vernon Fire Department. The site plan attached shows the relationship of the site with King and Mayflower Street and the existing improvements in the sidewalk area. C-5: Please provide us with a southern elevation of the proposed project (street view from 52"d Drive). A: Attached herewith you will find a plan reflecting the southern elevation of the proposed project. Also attached is a rendering from the 52"d Drive perspective. C-6: Under Section 4.15 Transportation and Traffic, the Mitigated Negative Declaration states, under sections a-d that there are No Impacts. The City of Vernon's acceptable level of service is D, while the City of Maywood's acceptable level of service for local streets is. C. 52nd Drive in Maywood is a local street. According to the City of Maywood's'Final EIR Land Use Element, in accordance with the City's LOS standard, which is LOS D for arterial and collector streets, study intersections that deteriorate to LOS E.or worse are significantly impacted and mitigation is required. A: Please note that the analysis in the traffic study was prepared to address several General Plan and Zoning Ordinance amendments being contemplated by the. City, including establishment of a Housing Overlay District/Zone that would facilitate development of the proposed housing project analyzed in the Initial Study. At this time, only proposed amendments relating to housing are moving forward. Regarding the acceptable level of services (LOS) used in the analysis, for those streets located in the City of Vernon the City has used its adopted standard of LOS D. In recent discussions with the City of Maywood contract traffic engineer, we learned that the Maywood also uses the LOS D standard. The analysis focused on major and collector streets and not local streets such as E. 52"d Drive. Also, the intersection of Atlantic Boulevard/E. 52"d Drive was not analyzed specifically for the housing development because in Los Angeles County, the minimum project -added traffic that is needed before an intersection has to be studied is 50 two-way trips in either the morning or evening weekday peak hour. As the attached supplementary material (Kunzman Associates, Inc. letter dated February 4, 2013) indicates, the proposed housing development is estimated to generate 23 morning and 28 evening peak hour trips, below the threshold. Thus, no analysis of this intersection was warranted. The projected future conditions of LOS E and F are associated with regional growth and build -out in Vernon consistent with land use policy. The theoretical intersection impacts are based on the intersection capacity compared to the number of project trips that are projected at each intersection. Based on the Los Angeles Department of Transportation Policies and Procedures, an impact is considered significant if the project -related increase in the volume -to - capacity ratio equals or exceeds the thresholds shown below: City of Vernon, 4305 Santa Fe Avenue, Vernon, California 90058.- Telephone (323) 583-8811 February 13,2013 Page 3 for 0.70-0.79 D 0.80-0.89 E/F 0.90 - more 0.04 or more 0.02 or more 0.01 or more In order for the housing development to impact an intersection by one percent, the intersection of Atlantic Boulevard at District Boulevard would have.to receive 48 project vehicle trips during the morning or evening peak hour (4,828 X 0.1 = 48.28), and the intersection of Atlantic Boulevard at E. 52nd Drive would have to receive 80 project vehicle trips during the morning or evening peak hour (8,063 X 0.1 = 80.63). Table 3 in the attached Kunzman Associates, Inc. letter shows that that the trips associated with the housing development fall well below the one percent threshold for LOS F. The study area intersections are not projected to be impacted. The housing development itself will not create significant traffic impacts, nor will it contribute cumulatively significant impacts. The comment letter states that anything over an unacceptable level of service needs to be mitigated. However, the criteria used are twofold: over an acceptable LOS and over the significance threshold. This project does not meet or exceed the significance threshold. C-7: The Traffic Study does not clearly address the future level of service at the intersection of 52nd Drive and Atlantic Blvd. It does, however, address the intersection of District Blvd. and Atlantic Blvd. with a projected level of service between E and F. A: See response to C-6. C-8: The MND should therefore address mitigation measures for the proposed intersection of 52 Id Drive and Atlantic Blvd., particularly for those vehicles turning southbound and north bound from 52 nd Drive onto Atlantic Blvd. A: The criteria used are twofold to determine if an intersection is significantly impacted: over an acceptable LOS and over the significance threshold. This project does not meet or exceed the significance threshold, therefore no mitigation is required. C-9: Under section e. Inadequate Emergency Access, it does not address the fact that there is no emergency access circulation to the rear of the property as parking spaces are blocking the access. Site pan should show adequate on site emergency access. A: The Vernon fire Department has reviewed and approved the site plan for the project. It is their opinion that sufficient emergency access is being provided to the site. In accordance with section 503.1 of the California Fire Code a fire access road shall extend to within 150 feet of all portions of the exterior wall of the first story of the building as measured along an approve route. The fire code permits this distance to be increased if the building is equipped with an approved automatic sprinkler system. The apartments will be served with an automatic fire sprinkler system and therefore the fire department has approved the 150 foot distance to be increased. Dead end fire roads will lead into each side of the apartment complex within the parking lots and in compliance with the fire code. The fire department will either be provided with the keys to access the gates or Knox boxes will be provided to permit access to the parking City of Vernon, 4305 Santa Fe Avenue, Vernon, California 90058 -Telephone (323) 583-8811 February 13,2013 Page 4 areas. The maximum distance from the fire road or to: the street right of way to the exterior portion of any of the buildings is proposed to be 160 feet. C-10: According to the most updated Assessor Parcel Map, 52"d Drive is 50 feet in width. The street however appears to be very narrow and there are signs stating "No Parking At Any Time" along the north side of 52"d Drive in the City of Vernon public right-of-way. We are concerned that residents and visitors associated with this project may park along the south side within the City of Maywood, creating a burden to this already narrow street. A: The site is proposed to have 76 parking stalls. This apartment complex will be for low and moderate income families. Therefore, it is assumed based on historical data that many of the residents will be one car families.. As such the City is of the opinion that sufficient parking is being provided onsite for the residents and their visitors and no offsite parking will be required for the housing development. Attached herewith please find a white paper prepared by the Southern California Association of Non -Profit Housing which concludes that it is not necessary to provide the same parking ratios for market rate apartments compared to. affordable housing units and concludes. that 1 stall per unit is sufficient. The City of Los Angles only requires 1 parking stall for units containing 2 or less habitable rooms and 1.5.parking stall per unit containing 3 or more habitable rooms for restricted affordable housing units. The Vernon project will provide 1.69 stalls per unit. In addition, Applied Planning, Inc. recently prepared a study for the Salem Apartments in Glendale. There study concluded that if the proposed low income housing project was outside of the central business district the following parking ratios were appropriate: • One -bedroom 1.25 resident spaces plus 0.17 guest space • One -bedroom 1.50 resident spaces plus 0.17 guest space • One -bedroom 1.75 resident spaces plus 0.17 guest space Based on these ratios and given the mix of Vernon's housing units, the Vernon project would require 76 parking stalls, exactly what is being provided. Lastly, the City discussed the proposed parking ratios with Solari Enterprises Inc., who manages over 75 low and moderate income family housing projects in the Southern California area. This firm routinely performs parking surveys of thi units they manage. They have found all of the developments that they manage have excess parking spaces during all periods of the day, with the exception of one development in San Diego, which is parked at 0.5 spaces per unit. This includes an 80 unit complex with 83 parking stalls, a 78 unit complex with 84 parking stalls and an 85 unit complex with 134 parking stalls all located in the City of Los Angeles. The City of Vernon appreciates your concerns and believes that all of the issues that you have raised have been adequately addressed. If you have any questions please do not hesitate to contact me. SKW Sincerely vn Wilson, P.E. irectorof Community Services & Water City of Vernon, 4305 Santa Fe Avenue, Vernon, California 90058 — Telephone (323) 583-8811 KUNZMAN ASSOCIATES, INC. OVER 35 YEARS OF EXCELLENT SERVICE February 4, 2013 Ms. Laura Stetson MIG I HOGLE-IRELAND 630 North Rosemead Boulevard, Suite 150 Pasadena, CA 91107 - Dear Ms. Stetson: INTRODUCTION The firm of Kunzman Associates, Inc. is pleased to provide this project analysis for the 52nd Drive Apartments project. The proposed project site is located on the north side.of East 52nd Drive and east of Atlantic Boulevard in the City of Vernon (see Figure 1). Although this is a technical report, every effort has been made to write the report clearly and concisely. To .assist the reader with those terms unique to transportation engineering, a glossary of terms is provided in Appendix A, PROJECT DESCRIPTION The project site is proposed to be developed with 45 apartments. Figure 2 depicts the proposed project site plan. The site. is currently vacant and not generating any vehicular trips. Apartment land use peak traffic volumes occur in the morning and evening when inhabitants are going to and from work. Mid -day volumes are often shopping oriented or child related, such as home -to - school and home -to -Little League. The vehicle mix is virtually all passenger vehicles. GENERAL PLAN LAND USE The project site is currently projected to be developed with manufacturing land use. Manufacturing land use will characteristically have fewer employees per acre than most other business or commercial uses, and fewer non -employee visits. There are pronounced traffic peaks as employees arrive in the morning and depart in the evening. The vehicle mix is split between passenger vehicles and heavy trucks. 1111 TOWN & COUNTRY ROAD, SUITE 34 ORANGE CALIFORNIA 92868 (714)973-8383 W W W.TRAFFIC-ENGINEER.COM Ms. Laura Stetson MIG I HOGLE-IRELAND February 4, 2013 EXISTING TRAVEL LANES AND INTERSECTION CONTROLS Figure 3 identifies the existing roadway conditions within the study area. The existing number of through travel lanes, intersection controls, and the intersection geometries are identified. REQUIREMENT OF A TRAFFIC IMPACT ANALYSIS In Los Angeles County, the minimum project added traffic that is needed before an intersection has to be studied is 50 two way trips in either the morning or evening weekday peak hour. If a project adds more traffic than the minimum threshold amount to an intersection, then that intersection has to be analyzed for deficiencies. DEFINITION OF DEFICIENCY AND SIGNIFICANT IMPACTS The City of Vernon has an established acceptable Level of Service of D. Level of Service E and F are unacceptable. Based on the Los Angeles Department of Transportation Policies and Procedures, an impact is considered significant if the project -related increase in the vol ume-to=capacity ratio equals or exceeds the thresholds shown below: Significant Impact Threshold for Intersections Level of Service Volume/Capacity Incremental Increase C 0.70-0.79 0.04 or more D 0.80-0.89 0.02 or more E/F 0.90- more 0.01 or more DETERMINATION OF INTERSECTION CAPACITY In Los Angeles County, the technique used to calculate Intersection Capacity Utilization is as follows. Lane capacity is 1600 vehicles per lane per hour of green time for through and turn lanes, except that a capacity of 2880 vehicles per lane per hour of green time is used for dual turn lanes. A total yellow clearance time of 10 percent is added. To determine the potential capacity of an intersection the appropriate percentage of green time has been allocated to each turning movement and then multiplied by the lane capacities. The theoretical capacity of Atlantic Boulevard (NS) at District Boulevard (EW) is 4,828 vehicles per hour and the Atlantic Boulevard INS) at East 52nd Drive (EW) is 8,063 vehicles per hour (see Table 1). W W W.TRAFFIC-ENGINEER.COM 16 Ms. Laura Stetson MIG I HOGLE-IRELAND February 4, 2013' PROPOSED PROJECT TRIP GENERATION The trips generated by the proposed project are determined by multiplying an appropriate trip generation rate by the quantity of land use. Trip generation rates are predicated on the assumption that energy costs, the availability of roadway capacity, the availability of vehicles to drive, and our life styles remain similar to what we know today. A major change in these variables may affect trip generation rates. Trip generation rates were determined for daily traffic, morning peak hour inbound and outbound traffic, and evening peak hour inbound and outbound traffic for the proposed land use. By multiplying the trip generation rates by the land use quantity, the traffic volumes are determined. Table 2 shows the proposed project trip generation based upon rates obtained from the Institute of Transportation Engineers, Trip Generation 9th Edition, 2012. The proposed project is projected to generate approximately 299 daily vehicle trlps, 23 of which will occur during the morning peak hour and 28 of which will occur during the evening peak hour. PROPOSED PROJECT TRIP DISTRIBUTION To determine the trip distribution for the potential project, peak hour traffic counts of the existing directional distribution of traffic for existing areas in the vicinity of the site, and other additional ,information on future development and traffic impacts in the area were reviewed. The trip distribution for the potential project is provided on Figure 4. THEORETICAL INTERSECTION IMPACTS - The theoretical intersection impacts are based on the intersection capacity compared to the number of project trips that are projected at each intersection. In order for the project to impact the intersection by one (1) percent, the intersection of Atlantic Boulevard (NS) at District Boulevard (EW) would have to receive 48 project vehicle trips during the morning or evening peak hour (4,828 X 0.1 = 48.28), and the intersection of Atlantic Boulevard (NS) at East 52nd Drive (EW) it would have to receive 80 project vehicle trips during the morning or evening peak hour (8,063 X 0.1 = 80.63). Table 3 shows that that the projects trips are well below the one (1) percent threshold for Level of Service F. The study area intersections are not projected to be impacted. CONCLUSION The project does not contribute traffic to the study area greater than or equal to the fifty (50) peak hour vehicle trip threshold during the morning or evening peak hours. W W W.TRAFF IC-ENOI NEER.COM 3 Ms. Laura Stetson MIG I HOGLE-IRELAND February 4, 2013 If the intersections of Atlantic Boulevard INS) at District Boulevard (EW) or Atlantic Boulevard INS) at East 52nd Drive (EW) were analyzed, the project does not generate enough vehicle trips to significantly impact the intersections. It should be noted that intersection deficiencies in shown in the City of Vernon General Plan Update Traffic Impact Analysis, dated December 11, 2012, are from the existing land uses and areawide growth but not the proposed project and the vacant parcels within the City. It should be noted that the 52nd Drive Apartment project will decrease the potential for heavy truck traffic along East 52nd Street adjacent to the existing homes of the residents to the City of Maywood. It has been a pleasure to serve your needs on this project. Should you have any questions or if we can be of further assistance, please do not hesitate to call at (714) 973-8383. Sincerely, KUNZMAN ASSOCIATES, INC. Carl Ballard, LEED GA Principal Associate k5031b ,PpF ESS/pj, ti�Q�Ov A• K(r(c �cn� cn v z W 3 No.TROD56 Z rn Cr *\�q �RAFF�G �P KUNZMAN ASSOCIATES, INC. William Kunzman, P.E. Principal W W W.TRAFFIC-ENGINEER.COM Table 2 Trip generation' Land Use Quantity Unite Morning Evening Daily Inbound Outboundl Total Inbound Outbound Total Trip Generation Rates DU 0.10 0.41 0.51 0.40 0.22 0.62 6.65 Apartments Trios Generated Apartments 45 DU 5 18 23 18 10 28 299 'Source: Institute of Transportation Engineers, Trio Generation, 9th Edition, 2012, Land Use Category 220. 2 DU = Dwelling Unit 0 0 Z Z n Figure 1 Project Location Map Atlantic Boulevard East 52nd Street - District Boulevard Easy S2 ao P Site King Avenue - Mayflower Avenue NTS 5031/1 KIINZMAN ASSOCIATES, INC. U\ ER 35 YEARS of LXCEIIEW bEHVICE Figure 2 Site Plan LJ J J NTS KUINZMAN ASSOCIATES, INC. 5031/2 OVER 35 YEAR, n, F.,,,, — a—,- 9 Figure 3 Existing Intersection Controls and Through Travel Lanes Atlantic Boulevard East 52nd Street\ 6D 4D 0 2U 2U 6D 60 District Boulevard �d 4D Fds f Sd 2U aoy P 2U Site 2U King Avenue/ 2U 2U Mayflower Avenue / Legend Q =Traffic Signal em> = Stop Sign 4 = Through Travel Lanes D = Divided U = Undivided >> = Free Right Turn I E,0�551 NITS 5031/3 KUNZMAN ASSOCIATES, INC. Intersection reference numbers are in upper left corner of turning movement boxes. OVER dbb�as 1�°17P u�9Y�° SS YEARS Of EXCELLENT SFM1\'ICE 10 NTS East 52nd KLINZMAN ASSOCIATES OVER 35 V -A -' O' E%cELLENT SERVICE Figure 4 Project Trip Distribution 11 Legend 10%= Percent To/From Project 5031/4 APPENDIX A GLOSSARY OF TRANSPORTATION TERMS GLOSSARY OF TRANSPORTATION TERMS COMMON ABBREVIATIONS AC: Acres ADT: Average Daily Traffic Caltrans: California Department of Transportation DU: Dwelling Unit ICU: Intersection Capacity Utilization LOS: Level of Service TSF: Thousand Square Feet V/C: Volume/Capacity VMT: Vehicle Miles Traveled TERMS AVERAGE DAILY TRAFFIC: The total volume during a year divided by the number of days in a year. Usually only weekdays are included. BANDWIDTH: The number of seconds of green time available for through traffic in a signal progression. BOTTLENECK: A constriction along a travelway that limits the amount of traffic that can proceed downstream from its location. CAPACITY: The maximum number of vehicles that can be reasonably expected to pass over a given section of a lane or a roadway in a given time period. CHANNELIZATION: The separation or regulation of conflicting traffic movements into definite paths of travel by the use of pavement markings, raised islands, or other suitable means to facilitate the safe and orderly movements of both vehicles and pedestrians. CLEARANCE INTERVAL: Nearly same as yellow time. If there is an all red interval after the end of a yellow, then that is also added into the clearance interval. CORDON: An imaginary line around an area across which vehicles, persons, or other items are counted (in and out). CYCLE LENGTH: The time period in seconds required for one complete signal cycle. CUL-DE-SAC STREET: A local street open at one end only, and with special provisions for turning around. DAILY CAPACITY: The daily volume of traffic that will result in a volume during the. peak hour equal to the capacity of the roadway. DELAY: The time consumed while traffic is impeded in its movement by some element over which it has no control, usually expressed in seconds per vehicle. DEMAND RESPONSIVE SIGNAL: Same as traffic -actuated signal. DENSITY: The number of vehicles occupying in a unit length of the through traffic lanes of a roadway at any given instant. Usually expressed in vehicles per mile. DETECTOR: A device that responds to a physical stimulus and transmits a resulting impulse to the signal controller. DESIGN SPEED: A speed selected for purposes of design. Features of a highway; such as curvature, superelevation, and sight distance (upon which the safe operation of vehicles is dependent) are correlated to design speed. DIRECTIONAL SPLIT: The percent of traffic in the peak direction at any point in time. DIVERSION: The rerouting of peak hour traffic to avoid congestion. FORCED FLOW: Opposite of free flow FREE FLOW: Volumes are well below capacity. Vehicles can maneuver freely and travel is unimpeded by other traffic. GAP: Time or distance between successive vehicles in a traffic stream, rear bumper to front bumper. HEADWAY: Time or distance spacing between successive vehicles in a traffic stream, front bumper to front bumper. INTERCONNECTED SIGNAL SYSTEM: A number of intersections that are connected to achieve signal progression. LEVEL OF SERVICE: A qualitative measure of a number of factors, which include speed and travel time, traffic interruptions, freedom to maneuver, safety, driving comfort and convenience, and operating costs. LOOP DETECTOR: A vehicle detector consisting of a loop of wire embedded in the roadway, energized by alternating current and producing an output circuit closure when passed over by a vehicle. MINIMUM ACCEPTABLE GAP: S allest ti a headway between successive vehicles in a traffic strea into which another vehicle is willin and able to cross or er e. MULTI -MODAL: More than one ode; such as auto obile, bus transit, rail rapid transit, and bicycle transportation odes. OFFSET: The ti a interval in seconds between the be innin of reen at one intersection and the be innin of reen at an adjacent intersection. PLATOON: A closely rouped co ponent of traffic that is co posed of several vehicles ovin , or standin ready to ove, with clear spaces ahead and behind. ORIGIN -DESTINATION SURVEY: A survey to deter ine the point of on in and the point of destination for a iven vehicle trip. PASSENGER CAR EQUIVALENTS (PCE):- One car is one Passen er Car Equivalent. A truck is equal to 2 or Passen er Car Equivalents in that a truck requires Ion er to start, oes slower, and accelerates slower. Loaded trucks have a hi her Passen er Car Equivalent thane pty trucks. PEAK HOUR: The 60 consecutive inutes with the hi hest nu her of vehicles. PRETIMED SIGNAL: A type of traffic si nal that directs traffic to stop and oon a predeter ined ti a schedule without re and to traffic conditions. Also, fixed ti e si nal. PROGRESSION: A ter used to describe the pro ressive ove ent of traffic throu h several si nalized intersections. SCREEN -LINE: An i a inary line or physical feature across which all trips are counted, nor ally to verify the validity of athe atical traffic odels. SIGNAL CYCLE: The ti a period in seconds required for one co plete sequenca of si nal indications. SIGNAL PHASE: The part of the si nal cycle allocated to one or ore traffic ove ents. STARTING DELAY:. The delay experienced in initiatin the ove ent of queued traffic fro a stop to an avera a runnin speed throu h a si nalized intersection. TRAFFIC -ACTUATED SIGNAL: A type of traffic si nal that directs traffic to stop and o .in accordance with the de ands of traffic, as re istered by the actuation of detectors. TRIP: The movement of a person or vehicle from one location (origin) to another (destination). For example, from home to store to home is two trips, not one. TRIP -END: One end of a trip at either the origin or destination; i.e. each trip has two trip -ends. A trip -end occurs when a person, object, or message is transferred to or from a vehicle. TRIP GENERATION RATE: The quality of trips produced and/or attracted by a specific land use stated in terms of units such as per dwelling, per acre, and per 1,000 square feet of floor space. TRUCK: A vehicle having dual tires on one or more axles, or having more than two axles. UNBALANCED FLOW: Heavier traffic flow in one direction than the other. On a daily basis, most facilities have balanced flow. During the peak hours, flow is seldom balanced in an urban area. VEHICLE MILES OF TRAVEL: A measure of the amount of .usage of a section of highway, obtained by multiplying the average daily traffic by length of facility in miles. Parking Requirements Guide For Affordable Housing Developers Southern California Association of Non -Profit Housing 3345 Wilshire Blvd. Suite 1005 Los Angeles, CA 90010 www.scanph.org 02.17.04 Table of Contents Parking Requirements Fact Sheet page.3 List of Relevant Resources 4 Best Practices Policies 6 Example Best Practices Policy - Los Angeles 7 Sample Southern. California Minimum Parking Requirements 8 Related Newspaper Articles 11 "Rethinking Residential Parking: Myth & Facts" Appendix A Report by the Non -Profit Housing Association of Northern California Southern California Association of Non•Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 Ph1:213-480-1249 www.scanoh.org -2- Parking Requirements and the Cost to Affordable Housing Fear of traffic congestion and overcrowded street parking has led many cities to establish minimum parking requirements calling for developments to provide often excessive amounts of off-street parking. Aside from creating excess parking and adding to congestion by encouraging automobile usage, parking requirements have a tremendous negative impact on development of all kinds, especially affordable housing. Problems for Affordable Housing Developers Increases Development Costs - Parking requirements drive up the cost of development, resulting in less units of housing. Needing to spend more on parking means less funds available to provide housing. Some developments end up having more space for cars than for people. Reduces the Potential for Other Amenities and Uses Wastes Land - Parking requirements also mean that less money and land is available for other purposes. Childcare facilities, community rooms, and play areas may all be sacrificed in order to accommodate parking. The possibility for mixed -use, such as ground - floor retail, are also reduced, leaving other community needs unmet in the name of parking. • in Less Attractive Designs - Meeting parking requirements becomes a focal pot in the design process and eliminates opportunities 10 incorporate open space. With less parking to consider, a building can be designed that more reflects neighborhood's context and needs. a Is All This Parking Needed? No. Parking requirements have largely been arbitrarily determined and do not usually reflect the verifiable parking needs of the people who will make use of a development. • Parking requirements have often been set using a "one -size fits all" approach using information gathered during peak periods at developments with ample parking in areas with few public transit options. • The likely residents of affordable housing do not require a great deal of parking. Studies show that the correlation between income and vehicle ownership is strong, with the likelihood of owning more than one vehicle increasing with Southern California .Association of Non -Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 wWwsconohoro -3- income. Low-income families, seniors, and special needs populations are less likely to require the use of more than one parking space, if that at all. The need for parking also decreases for residents in dense areas near transit. Southern California. Association of Non•Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 www.sconoh.ora -4- Resources Planning for Residential Parking: A Guide for Housing Developers and Planners. Website created by NPH to help developers be more effective in arguing for reduced parking. Contains data, recommendations, and a model for determining the amount of parking needed by a specific site. http://dcrp.ced berkelev edu/studentsZrrusso/parking/Developer%20MOnual/in dex.htm Donald Shoup Professor, Urban Planning. UCLA. Has written numerous reports regarding parking requirements. Argues for reduced parking requirements for numerous developments, including affordable housing. shour)@ucla.edu Reports Parking Requirement Impacts on Housing Affordability Todd Litman, Victoria Transport Policy Institute, Victoria, B.C., Canada, 1999. www.vtpi.orq/park-hou.pdf Pavement Busters Guide: Why and How to Reduce the Amount of Land Paved for Roads and Parking Facilities Todd Litman, Victoria Transport Policy Institute. Victoria, B.C., Canada,, 2000. www.vtpi.org/pav-bust.odf Smart Growth Zoning Codes: A Resource Guide Local Government Commission. Sacramento, 2003. To order a copy, visit www.lac org Travel Characteristics of Transit -Oriented Development in California Hollie Lund (CSU Poly, Pomona), Robert Cervero (UC Berkeley), Richard Wilson (CSU Poly, Pomona), California, 2004. Please contact SCANPH for a copy. Rethinking Residential Parking: Myth & Facts Southern California Association of Non -Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH: 213-480-1249 wvvvv scanoh orq 5- Non -Profit Housing Association of Northern California (NPH). San Francisco, 2001. www, nonprofithousing.org/actioncenter/toolbox/­parking/mythsandf actsbdf Reducing Housing Costs by Rethinking Parking Requirements San Francisco Planning and Urban Research Association (SPUR). San Francisco, 1998. www.spur.org/documents/sourhscjpkci.odf Reports, cont. Buying Time at the Curb Donald Shoup, UCLA Department of Urban Planning. Los Angeles, 2003. www.sr)psr.ucla.edu/up/webf iles/buying time. pdf The High Cost of Free Parking Donald Shoup, UCLA Department of Urban Planning. Los Angeles, 1997 www sppsr ucla edu//dup/people/faculty/Shoup%2OPub%204 pdf In Lieu of Required Parking Donald Shoup, UCLA Department of Urban Planning. Los Angeles, 1999. www sppsr ucla edu//dup/people/faculty/Shoup%2OPub%202.pdf The Trouble With Minimum Parking Requirements Donald Shoup, UCLA Department of Urban Planning. Los Angeles, 1999. www.sppsr.ucla.edu//dup/people/faculty/Shoup%2OPub%203.pdf Housing Shortage/Parking Surplus: Silicon Valley's Opportunity to Address Housing Needs and Transportation Problems with Innovative Parking Policies Transportation and Land Use Coalition. San Jose, 2002. www.transcoalition.org/reports/housing s/housing shortage home.html Southern California Association of Non -Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 www.sconoh.ora M Best Practice Policies Here is a quick list of jurisdictions and practices that can be used as examples: Combined Reductions in City of Los Angeles Parking Requirements for Affordable Housing City of San Diego and Proximity to Transit Parking,l2equirement Reductions for Aft Using Square Feet Rather Than Bedrooms for Parking Requirements Santa Monica City of Berkeley See Next Page Parking requirements reduced by .25 spaces per dwelling unit for Transit Area or Very Low Income housing (Municipal Code 142 05) Reduces parking for two"bedroom aff6eddpF6 housing units'frp r 2spaces per unit to spaces perunfi IScction.904100�f0A0) In R-4 district, parking requirements are I per 1,000 ft of gross floor area. This reduces the penalty that minimum parking requirements typically have on smaller units. (Section 23D.40.080) For 1 bedrooms and studios only, San Jose has Lower Parking San Jose a 0.5 spaces per unit reduction in MPRs when Requirements for a facility is "All Open Parking" vs. "One -Car' or Unassigned Parking Lots 'Two -Car Garage" (Municipal Code 20 12 215) versus Assigned Parking If open lot, parking requirements are 0.3 to 0.4 Spaces Sunnyvale spaces per unit lower than developments y using one -fully enclosed garage. (Municipal Code 19.46.050) Allowing Res d,ential v Sa. ipMIF qfa Gpun y Pass;iS bdiv�e�n;j 2Q glgdi$8�tj� r y } r pet Southern California Association of Non -Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA90010 PH: 213-480-1249 www scanoh org 7 o veto rt� j r l ffnq rs tNb➢Vy TJgn4p 'rtaifon pcts6 ROdpei�dng�d' IopC> f Jt�lze4 rf M, to,Purcfrtlsa +nnudf P4T 4bllly' eS dennaL loc'q 1dLa >1� f. 1T' Tran,§i P&s,forAli Eco Past' Retidenf's6tia. Discou nt "By -right" reductions in parking requirements for Senior and disabled housing One -fifth the regular parking requirement for housing specifically designed for and San Francisco occupied by senior citizens or physically handicapped persons. (Article 1.5. Section 151) Berkeley Discretionary reductions in.parking requirements forsenldtankl�lraf�lecl -.Concord haysrr�g 25% reduction of parking requirement for housing exclusively for persons over the age of sixty-two (62). One space per 5 residents for nursing homes. (Section 230.40.080) Southern California Association of Non -Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 www.scanoh.ora City of Los Angeles Municipal Code Chapter 1, General Provisions & Zoning Section 12.22 A 25 (d) 25. Affordable Housing Incentives/Density Bonuses, (d) Affordable Housing Production Incentives. Notwithstanding any provisions of this article to the contrary, density bonus projects, and other development projects with any restricted affordable units or any affordable accessible units, shall be granted the following incentives: (1) In calculating dwelling units or guest rooms, density shall be rounded upwards from fractions of one-half (1/2) and more from that permitted by the applicable zone to allow one additional dwelling unit or guest room. (2) Parking requirements for each restricted affordable unit only shall be as follows: project located rking space per 1,500 feet of a massg unit, regardless t station or major busumber of PFor le rooms Rdwell-ing project containing 1 king space perabitable rooms and unit not to-cated within 1,500 feet of a transit station or major bus route t containing 3 1,50 parking spaces per itable rooms dwelling unit ted within M a transit jor bus route oranyproject containing 0.50 parking space per units designed for senior dwell-ing unit or guest citizens and/or disabled room persons For a single -room 0.25 parking space per occupancy hotel dwell-ing unit or guest room, with a minimum of 5 parking stalls per facility Southern California Association of Non -Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 v scanoh oro 0 F a y z A O CCCCC �y� i6zzz6.OU., g&Lg� u D $ 00 F N Z Z P m55 O A m � < O � g ag _ r in it 6 H I i A T f r- a € e \ \ � � y�� � i� ; �4 e �( ` \ 2 \�7 RE. Wn.Comments on Proposed 45-UnitAfford9bie Housing Development Loce(ed at 4e75 6e. Drive —. Vernon, CA 80068 Dear Mr. Wilson: ' We have reviewed the City of Vernon's Mitigated Negative Declaration for the proposed abovenrenttoned'project While we do not oppose the project, we do have the following commbnts/concems• • 1 ne,sae plan close not showthe depth of the subject property, • The sfte.plan?shows a'fenoe to" pled right along the front property line. As the City of Maywood has residential units Immediately to the south of this property, we are recommending that any fencing, be located behind a front landscaped setback area. Fencing material and height should also be called out on the site plan. • The' assessor. parcel map showerIle Drive. as a 50 foot wide street. The site plan indidetestfietthe property, line starts 25 feet from the street centedine to the subject site property line: If landscaping Is proposed do front of the proposed fence, that would be within the City of Vernon rlgM=of-way. Who will Maintain this landscaped setback area? • Please provide us with an actual full scale she plan which shows fencing materials, including .driveway gates, location of IQng Avenue (will the proposed driveway line up with`this street?), proposed frontlandscaped setback (front landscape plan) and public improvements, i.e. existing telephone poles, along 52nd Drive. • Please provide us with a southern elevation of the proposed project (street view from 52ntl` Drive). • Under Section 4.15 Transportation and Traffic, the Mitigated Negative Declaration states, under Sections a-d, that there are No Impacts. The City of Vernon's acceptable level of service is D, while the City of Maywood's acceptable level of service for Ioca1 streets is C. 52"" Drive in Maywood is a local street. According to the City of Maywood's Final EIR Land Use and Circulation dements, In accordance with the Chy's LOS standard, which is LOS D for arterial and collector streets, study intersections that deteriorate to LOS E or worse are significantly impacted and mitigation is required. • The Traffic Study does not clearly address the future level of service at the Intersection of 52n° Drive and Atlantic Blvd. It does, however, address the Intersection of District Blvd.. and Atlantic Blvd. with a projected level of service between E and F. F, RECEIVED This page is part of your document - DO NOT DISCARD MAR 2 5 of LOS2013033490PCLERK'SOFFFICE '� III II IIIIIIII (IIIII (IIIII IIIIRecorded/Filed in I IIIIIIIIIIII III II cial P0022 t f Records Recorder's Office, Los Angeles County, k { California X � c41JFo03/05/13 AT 02:22PM PEES: 0.00 TARES: 0.00 OTHER: 0.00 PAID: 0.00 LEADSHEET II I IIIIVII11111YI IVI I1111r111111V11 201303050030009 00007342138 I (IIIII IIIII IIIII III I (III IIIII IIIII 004693328 SEQ: 01 DAR - Counter (Upfront Scan) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII - IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII THIS FORM IS NOT TO BE DUPLICATED - E0053 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 Attn: City Clerk Exempt from recording fee Sections 6103 and 27383 DEVELOPMENT AGREEMENT im��ri*20130334907* This Development Agreement ("Agreement") is made and entered into as of March 5, 2013, by and between the City of Vernon, a California charter city and municipal corporation ("City"), and Meta Housing Corporation, a California corporation ("Developer"). RECITALS A. The City and the Developer desire for Developer to develop certain real property currently owned by the City, as more fully described in the Legal Description which is attached hereto as Exhibit "A" and incorporated herein (the "Site"). The Site is approximately 2.06 acres in size and is located at 4675 52nd Drive in the City of Vernon. B. The City and the Developer have entered into a Disposition and Development Agreement ("DDA") which provides for the City to ground lease the Site to the Developer and for the Developer to agree to develop a housing project (the "Housing Development") on the Site. The Housing Development will generally consist of a rental housing complex containing forty-five (45) units, with associated parking, landscaping and community facilities. Such development is intended to implement the City's goals and objectives to provide decent, safe and sanitary housing for persons and families of low and moderate income. C. In order to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic costs of development, the Legislature of the State of California enacted Government Code section 65864, et seq., which authorizes City to enter into an agreement with any person having a legal or equitable interest in real property, regarding the development of such property in order to establish certain development rights in such property. D. Section 26.4.5 of the Vernon Municipal Code provides that residential uses are permitted in the Housing (H) Overlay Zone with a development agreement, and that development standards for such residential uses may be established pursuant to the development 1018312.3 agreement. E. The purpose of this Agreement is to adopt standards for the development of the Housing Development on the Site in accordance with Section 26.4.5 of the Vernon Municipal Code and Government Code Section 65865.2. F. The City Council has found that this Agreement is consistent with its General Plan; that this Agreement is in conformity with public convenience, general welfare, and good land use practice; that this Agreement will not be detrimental to the health, safety, or general welfare; and that this Agreement will not adversely affect the orderly development of property or the preservation of property values. G. On February 19, 2013, the City Council adopted Resolution No. 2013-31 approving a Mitigated Negative Declaration prepared for the Housing Development, and specifically including the Housing Development and this Agreement in the Project Description. The Mitigated Negative Declaration concludes that the Housing Development and this Agreement will have no significant adverse impact on the environment, provided that specified mitigation measures are implemented. H. On March 5, 2013, the City Council adopted Ordinance No. 1204 approving this Agreement. NOW, THEREFORE, with reference to the above recitals, and in consideration of the mutual promises, covenants and conditions hereinafter set forth, the City and Developer agree as follows: 1. Permitted Uses and Development. The permitted uses of the Site, the density and intensity of use thereon, the maximum height and size of proposed buildings on the Site, and provisions for reservation and dedication of land for public purposes, shall be in accordance with Exhibit `B" hereto, which is incorporated herein. 2. Term of Agreement. This Agreement shall commence upon the Effective Date and shall continue in force for a period of five (5) years unless extended or terminated as provided herein. This Agreement shall terminate upon the expiration of the term or when the Site has been fully developed and all of Developer's obligations in connection therewith are satisfied as determined by the City, whichever occurs first. In the event that the DDA is terminated, either party may also terminate this Agreement by written notice to the other party. Upon termination of this Agreement, the City shall record a notice of such termination. 3. Vested Right to Develop the Site. During the term of this Agreement, Developer shall have a vested right to develop the Housing Development in accordance with Exhibit `B" and all ordinances, resolutions, rules, minute orders, regulations, and official policies of the City applicable to development and occupancy of the Site in effect on the Effective Date, including those governing the issuance of permits and approvals for the Project and the planning and zoning policies applicable to the Project as set forth in the Planning Documents (the "Applicable Rules and Regulations"). 1018312.3 2 4. Applicable Rules and Regulations. The Applicable Rules and Regulations shall apply to the development of the Site during the term of this Agreement, subject to the following exceptions: a. State and Federal Laws. As provided in Government Code §65869.5, and notwithstanding any other provisions of this Agreement, this Agreement shall not preclude the application to the Site of changes in City laws, regulations, plans or policies to the extent that such changes in the City laws, regulations, plans or policies are specifically mandated and required to be applied to the Site by changes in state or federal laws or regulations enacted after the Effective Date of this Agreement. If changes in state or federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more provisions of this Agreement, such provisions of the Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. b. Health and Safety. Nothing in this Agreement shall prevent City from enacting ordinances, resolutions, rules, regulations or policies necessary to protect the citizens of the City from an immediate adverse risk to health or safety. Developer shall be subject to any such ordinances, resolutions, rules, regulations or policies. Developer shall also be subject to ordinances, resolutions, rules, regulations or policies adopted by the City which are not in conflict with the Applicable Rules and Regulations. C. Application, Processing and Inspection Fees. Developer may be subject to application, processing and inspection fees that are revised during the term of this Agreement. Developer shall pay all such application, processing and inspection fees to the extent the fees are uniformly applied to all development within the City. 5. Annual Review. The annual review date for this Agreement (the "Review Date") shall be one year following the Effective Date and the annual anniversary of said date each year thereafter. The City Council, at a regularly scheduled meeting, shall determine whether Developer has demonstrated good faith compliance with the terms and conditions of this Agreement. If the City Council finds and determines that the Developer has complied in good faith with the terms and conditions of this Agreement during the period under review, the review for that period shall be concluded. If the City Council finds and determines, on the basis of substantial evidence, that the Developer has not complied in good faith with the terms and conditions of this Agreement during the period under review, and Developer has been notified and given an opportunity to cure in accordance with the provisions of Section 6 below, the City Council may modify or terminate this Agreement in accordance with State law. In the event that City does not initiate an annual review or that the City Council does not make its determination within six months of the Review Date for a given year, then it shall be deemed conclusive that Developer has complied in good faith with the terms and conditions of this Agreement during the period under review. 6. Default and Remedies. On the occurrence of an event of default, the parties may pursue all other remedies at law or in equity which are not otherwise provided for in this Agreement, expressly including the remedy of specific performance of this Agreement. On the 1018312.3 occurrence of an event of default by any party, the nondefaulting party shall serve written notice of such default on the defaulting party. If the default is not cured by the defaulting party within thirty (30) days after service of such notice of default, the nondefaulting party may then commence any legal or equitable action to enforce its rights under this Agreement; provided, however, that if the default cannot be cured within the thirty (30) day period, the nondefaulting party shall refrain from any such legal or equitable action so long as the defaulting party begins to cure such default within the thirty (30) day period and diligently pursues such cure to completion. Failure to give notice shall not constitute a waiver of any default. After the expiration of the thirty (30) day period (or longer, as applicable), the party alleging default, at its option, may institute legal proceedings under this Agreement or give notice of intent to terminate the Agreement pursuant to California Government Code Section 65868 or may pursue such other administrative remedies as may be appropriate. Following notice of intent to terminate, the matter shall be scheduled for a public hearing before the City Council to review and consider the matter within thirty (30) days. Following consideration of the evidence presented in the review, if no resolution is reached, the party alleging the default may give written notice of termination of this Agreement. 7. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. 8. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a party hereto challenging this Agreement, or any provisions herein, the parties agree to cooperate with each other in good faith to defend the lawsuit. Each party agrees to be liable for its own legal expenses and costs. The City may elect to tender the defense of any lawsuit filed by a third person or entity to Developer to the extent the litigation seeks to overturn or invalidate any approval held by or granted to Developer, and in such event, Developer shall hold the City harmless from and defend the City from all costs and . expenses incurred in the defense of such lawsuit, including, but not limited to, attorneys' fees and expenses of litigation awarded to the prevailing party or parties in such litigation. The Developer shall not settle any lawsuit on grounds which include, but are not limited to, non - monetary relief without the consent of the City, which consent shall not unreasonably be withheld. 9. Attorneys' Fees and Costs. If any party initiates any action at law or in equity to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs in addition to any other relief to which it may otherwise be entitled. 10. Transfers and Assignments. Developer's rights under this Agreement may be transferred, sold, or assigned in conjunction with the transfer, sale, or assignment of all or a portion of the Site at any time during the term of this Agreement; provided that such transfer is in accordance with the DDA. 11. Agreement Runs with the Land. Except as otherwise provided in this Agreement, all of the provisions, rights, terms, covenants, and obligations contained in this Agreement shall be binding on, and inure to the benefit of, the parties and their respective heirs, 1018312.3 successors, and assignees, representatives, lessees, and all other persons acquiring the Site, or any portion of the Site, or any interest therein, whether by operation of law or in any manner whatsoever. 12. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person, sent by certified mail, postage prepaid, or by overnight delivery. To City: City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 Attention: City Administrator Copy to: City Attorney Copy to: City Director of Community Services and Water To Developer: Meta Housing Corporation 1640 A. Sepulveda Blvd., Suite 425 Los Angeles, CA 90025 Attention: John Huskey With copy to: Bocarsly, Emden, Cowan, Esmail & Arndt, LLP 633 West Fifth Street, 70th Floor Los Angeles, CA 90071 Attention: Nicole Deddens A party may change its address for notices by giving notice in writing to the other party, and thereafter all notices shall be addressed and transmitted to the new address. Notices shall be deemed given and received on the earlier of personal delivery, or if mailed, on the expiration of 48 hours after being deposited in the United States Mail or on the delivery date or attempted delivery date shown on the return receipt. 13. Recordation of Development Agreement, Amendment, or Cancellation. Within ten (10) days after the Effective Date of this Agreement, the City Clerk shall submit a fully -executed original of this Agreement for recording with the Los Angeles County Recorder. If the parties to the Agreement or their successors in interest amend or cancel the Agreement or if the City terminates or modifies the Agreement for failure of the Developer to comply in good faith with the terms or conditions of the Agreement, the City Clerk shall submit for recording the notice of such action with the Los Angeles County Recorder. 1018312.3 IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the date first above written. CITY: CITY OF VERNON, a California charter city and municipal corporation ����t� < By. n-= � ' � William Davis, May r 4 Dana Reed, Interim City Clerk APPROVED S O FORM: A , -3 Nicholas George Rodriguez, City Attorney C�WIA Kroni , Moskovl z, Tiedemann & Girard, Special Counsel to City DEVELOPER: META HOUSING CORPORATION, a California corporation By: Kv�SCY E, SENlOC VL�C Pe;�S1Y By: �— ---- Geog�c M• fzur-so LrC�/Ji�..E PQEstDE�.rr 1018312.3 �'1 Y . LEGAL DESCRIPTION OF PROJECT PARCELS THE WHOLE OF LOTS 45 THROUGH 53 OF TRACT NO.7923, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113 PAGES 80 TO 83 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT THE PROPERTY SHALL BE SUBIECTTO ANY OVERLYING EASEMENTS CONTAINING 89,513.17 SQUARE FEET (2.06 ACRES), MORE OR LESS. 10193122 7 EXHIBIT "B" DEVELOPMENT STANDARDS [To Be Attached] 1018312.3 SCOPE OF DEVELOPMENT Vernon Family Apartments is a 45-unit affordable housing development located on a 2.06 acre site at 4675 52nd Drive. A mix of 9 1-bedroom, 22 2-bedroom, and 14 3- bedroom flats will be spread throughout five newly constructed two-story buildings within the site. New construction will also include 74 on -grade parking spaces, a community room with community kitchen, computer room, property management office, police substation facility, meeting room, common laundry facility, a courtyard and barbecue area, tot lot, and community gardens. The project will be constructed to meet LEED Silver certification standards. Meta Housing Corporation has been working closely with the City of Vernon on the design of the project, submitting conceptual plans. Although the City of Vernon is still working with Meta Housing Corporation on some refinements to the building, the conceptual plans (attached) largely reflect their recommendations and have received approval. The final construction drawings shall be consistent with these plans. PROPERTY DEVELOPMENTSTANDARDS The following property development standards and the CEQA Mitigation Measures as defined in the Mitigated Monitoring Reporting Program shall apply to the Project. The satisfaction of the property development standards shall be determined solely by the City of Vernon and is subject to City of Vernon approval. In no case is the Developer relieved of the requirements of any laws, codes or administrative regulations of the State of California or the County of Los Angeles. 1. Interior and Exterior Building Materials and Finishes: The building shall incorporate quality materials and details. Interior unit finishes shall include granite countertops, wood cabinets, panel doors, 5" baseboards, and 3" casing around entrance doors. Mwdmum use of recycled content materials, sustainably produced materials, pre -coated building materials and non-VOC architectural coatings, as well as durability and minimal maintenance shall be key determinants in selecting all building materials and systems. Exterior roof shall be clay or concrete tiles, or substitute approved by the City of Vernon, and any membrane materials shall meet energy code and green building program requirements for a cool roof. Stone veneers, or a substitute approved by the City of Vernon, shall be used to highlight architectural features of the structures. 2. Mechanical and Telecommunications Equipment and Rooftop Structures Design and Screening: All mechanical and telecommunications equipment shall be enclosed within the building, concealed from view or incorporated and treated as architectural features. All mechanical and telecommunications equipment, rooftop features, roof surfaces and other necessary elements shall be attractively designed and arranged in a sensitive and orderly manner. All equipment and non - architectural elements shall be painted to match the roof or background color. Rooftop screening shall be incorporated into roof designs to block views from the pedestrian level and from adjacent buildings to the greatest extent feasible. All equipment shall serve exclusively the needs of tenants located in the Project and 10123122 9 shall be removed when no longer required for service. Telecommunications equipment, intended for general public use, such as cellular telephone antennae and equipment, shall not be permitted. 3. Illumination: All illumination shall be designed to minimize glare, control valent light spillover, and provide ambient and safety lighting along the street frontage, publicly accessible open areas, the courtyard and parking facilities with particular attention paid to pedestrian and vehicular entrances. All illumination shall be energy efficient. 4. Pedestrian Circulation: Pedestrian circulation in front of the development shall be designed to encourage a pedestrian -friendly environment Attractively designed walkways, enhanced paving materials, landscaping, lighting, decorative and informational graphics and other pedestrian amenities shall reinforce the pedestrian - friendly nature of the Project while integrating it into the existing street pedestrian infrastructure and community. 6. Landscaping, Water Conservation and Surface/Storm Water Management: All outdoor spaces and common areas, including dedication areas, setback areas, courtyards, gardens and shall be attractively landscaped with a variety of treatments, furnishings and lighting and finished in high quality materials. Landscaping and irrigation shall be designed to be aesthetically attractive, durable, low maintenance and water conserving and to maximize site retention of surface and storm water run- off. Any surface/storm water discharge from the site shall be treated as needed on - site prior to discharge to avoid downstream pollution. Storm water discharge shall be In compliance with the LID requirements of the LA County ms4 permit issued by the Los Angeles Regional Water Quality Control Board. The landscaping and irrigation plans shall incorporate drought -resistant plant materials along with water -saving drip/buded-tube irrigation and state-of-the-art water management control systems. Large grass/turf areas and high water usage plants shall be avoided. Landscaping, lighting and furnishings shall include, but not be limited to, street trees, on -she trees and other plant materials, sidewalk, walkway and plaza treatments, street and pedestrian lighting, seating, decorative and information graphics. The landscapelhardscape design shall be coordinated with and shall be compatible in design and consistent in quality with completed and planned public improvements and streetscape programs in the area. 6. Vehicular Access, Circulation and Parking: The Project shall be designed to provide safe and efficient vehicular access, circulation and parking for residents, visitors and employees. Careful separation of pedestrian and automobile circulation zones shall be incorporated into the site design. Vehicle entrance and exit patterns shall be designed to minimize conflicts with pedestrian circulation. Delineation of pedestrian and auto Interface zones shall be provided. Parking shall be provided as required by the City of Vernon and shall be located off-street Parking shall be well lit, using energy efficient lighting as well as natural light and ventilation where possible, with extensive internal directional signage and graphics to provide ease of 10193122 10 access, identification of each parked vehicle location, and way -finding to pedestrian entrances and exits. 7. Driveways and Vehicular Ramps: Driveway locations shall not conflict with traffic movements in the streets. All vehicular entries Into the Project shall be given careful design consideration and treated to minimize their visual impact. Driveway design and location shall be subject to City approval. Vehicular ramps shall be designed to minimize any barrier effects to pedestrian movement. 8. Signage: A coordinated Signage Plan for all exterior identification, information and directional signage shall be prepared by the Developer for the Project. The Signage Plan, which shall include the location, size, color, lighting, materials and design of all signs and logos, shall be compatible with the Project and the surrounding neighborhoods. Signage shall occupy appropriate fields and constitute an integral component of building design and surfaces. A building monument sign shall be installed at the western most parking entrance. The Signage Plan shall be subject to approval concurrently with the building design. 9. Security: The design and operational management of the Project shall be responsive to the security needs of residents, visitors, employees and the general public. All such areas shall be designed, including lighting design, in such a manner as to lend themselves to continual visual surveillance to discourage nuisance activities and conduct. The building and parking shall incorporate appropriate security technology for access control. Any exterior security devices, such as surveillance cameras, shall be integral to and compatible with the design of the Project. The Project shall incorporate exterior lighting which reinforces entrances, provides a safe level of illumination and is compatible with the design of the buildings. The site shall be secured with 6' masonry walls on the North, West, and East property lines. The South property line shall be secured with a wrought Iron fence to allow visibility from 52nd Drive. 10.1.1tillties: All on -site and off -site utilities, including data carrier infrastructure, utility connections and related equipment shall be concealed within the building or screened from view, to the extent feasible. 11.Energy Conservation: The Developer shall to the greatest extent feasible, taking into account estimated initial costs, operational savings and incentive program benefits, minimize the energy required to operate the Project over Is lifetime and to incorporate "smart building" technology and altemative energy sources. Such energy efficiency shall be accomplished through innovative and state-of-the-art concepts in design and construction. The Developer shall strictly observe and Incorporate all energy conservation recommendations and mandated codes such as California Title 24 and shall seek to exceed such statutory and regulatory requirements to the extent feasible. Insulation opportunities, solar shading and solar energy design, building placement and orientation, energy -efficient building cooling, heating, ventilating and lighting strategies and technologies and other energy 10193122 11 conservation measures should be considered in the design and is a key component in meeting LEED Silver certification standards. The Project shall be In compliance with the Califomia Green Code. 12.Waste Reduction/Recycling: A Waste Reduction and Recycling Program Plan shall be prepared by the Developer and implemented for the design, demolition and construction stages of the Project and for the management and operation of all occupancies. Facilities shall be provided to accommodate the physical requirements for these identified programs. 13. Density: The residential unit density shall not exceed 45 units. 14. Land Use: The Project shall consist of 45 units of affordable housing development. A mix of 9 1-bedroom, 22 2-bedroom, and 14 3-bedroom flats will be spread throughout five newly constructed two-story buildings within the site. New construction will also include 74 on -grade parking spaces, a community room with community kitchen, computer room, property management office, meeting room, common laundry facility, a courtyard and barbecue area, tot lot, and community gardens. The project will be constructed to meet LEED Silver certification standards. 15.Height and Massing: The Project shall not exceed 30 feet in height and shall be articulated through the use of architectural detailing; finish materials, textures and colors; varying setbacks. Building massing shall minimize a box -like appearance by creating openings along the facade. Careful attention shall be paid to the exterior elevations to minimize the bulk of the larger buildings and maximize opportunities to create a pedestrian -scale environment. 16.Building Design: The building design should be consistent with the attached conceptual plans. Landscaping and hardscape designs shall be carefully integrated to provide ease of access, shading, and a pedestrian friendly design. The residential courtyards shall be richly landscaped with appropriately sized and designed open space elements. CONSTRUCTION SIGNS The Developer shall design, construct and install a construction sign for the Project to comply with the City of Vernon specifications. The sign shall be installed at a prominent location to be approved by the City of Vernon or Designee. DEVELOPMENT APPROVALS AND ENTITLEMENTS The Developer shall comply with" Disposition and Development Agreement (DDA) and the mitigation measures contained in the Mitigation Monitoring Reporting Program Issued by the 10183122 12 City of Vernon and all applicable code, permit, and fee requirements of the United States of America (including A.D.A. requirements), State of California, and the County of Los Angeles. The Developer shall submit plans to the City of Vernon for plan check in a timely fashion to maintain the Schedule of Performance. It shall be the responsibility of the Developer to obtain all permits and other required approvals and entitlements as are necessary and consistent with the DDA to ensure the construction of the Project. The Developer shall dedicate and be responsible for the construction of improvements in public rights -of -way In conformance with the requirements, if any, of the City of Vernon for the Project. Developer shall take all necessary steps and sign all necessary documents in recordable form to create, move or abandon easements and rights of way as may be required by the City of Vernon for the development of the Site in accordance with this Agreement. 1019312.2 13 I"P, 10193122 14 n 10193122 15 ZED - leiJ -tl Ce N J 10183122 16 too Wo Von .. \� � l��� \ \ §: « /z/ / , »\11 t� 10133122 19 STATE OF CALIFORNIA ) ss COUNTY OF (A b ��n�e.5 ) On F b . 22 20I before me 1`16W t aA K-� Notary Public, personally appeared Or w SD . V who proved tome on the basis of satisfactory evidence to b the perso�j ss' hose name s) it /are subscribed to the within instrument, and acwledged to me that 4/sVe/they executed the same in hV/Vi/their authorized capacity a ,and that by ho/he/tllgir signatur (s) n the instrument the perso {s or the entity upon behalf of which the persotnl s cted, execut the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MAHIAN RAIN Commission 11970801 L . Notary Public . California Los Angeles County M Comm. Ex Tres Ma 27, 2016 ~ (Seal) Notary Pu�lic 1018312.3 9 STATE OF CALIFORNIA COUNTY OF L dtf ZAelet f' V On nalo`l S A0/3 before me, ss Notary Public, personally appeared Wi//igm T 0.1y11P , who proved to me on the basis of satisfactory evidence to be the personr whose name is/* subscribed to the within instrument, and acknowledged to me that he/sWe/tl$y executed the same in hi&44r/tl & authorized capacity(iyd), and that by his/I)kr/tl 6ir signature on the instrument the person(4, or the entity upon behalf of which the personie') acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public ANA KARIscion # RUEDA 19002 commission � 19007e 4 _ Notary Public - Calilm"114 Los Angeles CouMv M i.Comm. Ex Tres Awl! 'Ot4 r (Seal) 1018312.3 10 CITY OF VERNON CITY COUNCIL MEETING FEBRUARY 19, 2013 ORDINANCE NO. 1204 SUMMARY A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NO. 1204 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. Ordinance No. 1204 was duly introduced at a regular meeting of the City Council of the City of Vernon held on February 19, 2013. Ordinance No. 1204 is scheduled to be approved and adopted by said Council at a regular meeting to be held on March 5, 2013. On March 5, 2013, the City Council of the City of Vernon is proposing to adopt Ordinance No. 1204 Approving the Development Agreement between the City and Meta Housing Corporation. Dana Reed, Interim City Clerk of the City of Vernon, does hereby certify that Ordinance No. 1204 was duly introduced to the City Council of the City of Vernon at a regular meeting held on February 19, 2013, and said Ordinance is scheduled to be approved and adopted at a regular meeting of the City Council to be held on March 5, 2013. J (� Dan Reed, Interim City Clerk CITY OF VERNON CITY COUNCIL MEETING MARCH 5, 2013 ORDINANCE NO. 1204 SUMMARY A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1204 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. On March 5, 2013, the City Council of the City of Vernon Approved and Adopted Ordinance No. 1204 Approving the Development Agreement between the City and Meta Housing Corporation. I, Dana Reed, Interim City Clerk of the City of Vernon, do hereby certify that Ordinance No. 1204 was duly approved and adopted by the City Council of the City of Vernon at a regular meeting held on March 5, 2013 and passed by said Council by the following vote: AYES: COUNCILMEMBERS: Davis, McCormick, Maisano, Ybarra, and Martinez NOES: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Reed, Interim City Clerk