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Resolution - 2021-81RESOLUTION NO.2021-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO 20-04, PRECISE PLAN NO.20-09, AND VESTING TENTATIVE TRACT MAP NO. 83216, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED WHEREAS, there was filed with the City, a verified application on the forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code, requesting approval of a precise plan to: Construct an 84-unit residential rowhouse-style development on that certain property described as: Assessor's Parcel No. 8468-015-010 and 8468-015-024, in the records of the Los Angeles County Assessor; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act (CEQA); and WHEREAS, an initial study was prepared for said project; and WHEREAS, based upon the findings of the initial study, it was determined that the proposed project will not have a significant impact on the environment and will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the California Fish and Game Code; and WHEREAS, revisions to and/or conditions placed on the Project, were made or agreed to by the applicant before the mitigated negative declaration was released for public review, were determined by the environmental coordinator to avoid or reduce the potentially significant effects to a level that is clearly less than significant and that there was, therefore, no substantial evidence that the Project, as revised and conditioned, would have a significant effect on the environment; and WHEREAS, a Mitigated Negative Declaration of Environmental Impact was prepared for the proposed project pursuant to the requirements of the California Environmental Quality Act of 1970, as amended, and mitigation measures are included in said Negative Declaration in support of the finding that there will not be a significant effect on the environment as a result of this project. WHEREAS, the City Council upon giving the required notice, did on July 20, 2021, conduct a duly advertised public hearing to consider the subject application, at which time the City Council adopted a resolution certifying the Mitigated Negative Declaration; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Based on the initial study, the revisions and conditions incorporated into the Project, and information received during the public review process, the City Council of the City of West Covina finds that there is no substantial evidence that the Project, as revised and conditioned, may have a significant effect on the environment. SECTION 2. The mitigated negative declaration reflects the independent judgment of the City Council. SECTION 3. All feasible mitigation measures identified in the City of West Covina General Plan Environmental Impact Reports which are applicable to this Project have been adopted and undertaken by the City of West Covina and all other public agencies with authority to mitigate the project impacts or will be undertaken as required by this project. SECTION 4. After receiving and considering all determinations, studies, documents, and recommendations, as well as other appropriate public comments, the City Council certifies the Mitigated Negative Declaration of Environmental Impact, subject to compliance with the mitigation measures that are recommended in the Mitigated Negative Declaration of Environmental Impact as set forth in Exhibit A. SECTION 5. The Mitigation Monitoring Program prepared in connection with the Project is hereby recommended for approval for the Project. SECTION 6. The documents and other materials that constitute the record of proceedings upon which the City Council has based its decision are located in the office of the West Covina Community Development Director, 1444 West Garvey Avenue South, West Covina, CA 91790. The custodian of these documents and other materials is the West Covina Community Development Director. SECTION 7. Upon approval of the Project by the City Council, the environmental coordinator shall file a Notice of Determination with the County Clerk of Los Angeles County and, if the project requires a discretionary approval from any state agency, with the State Office of Planning and Research, pursuant to the provisions of section 21152(a) of the Public Resources Code and the State EIR Guidelines adopted pursuant thereto. SECTION 8. Non-compliance with the aforementioned mitigation measures as determined by the monitoring department/agency, and any measures taken to correct said non- compliance, shall be immediately reported to the Planning Department on the City of West Covina Monitoring Checklist Form. SECTION 9. The applicant agrees to implement the aforementioned mitigation measures and monitoring or reporting requirements. SECTION 10. Failure to comply with any aforementioned mitigation measures and/or monitoring or reporting requirements will result in a written notice of violation from the City to the applicant at which time the City may order that all or a portion of pre -construction, construction, post -construction activity or project implementation must cease until compliance is reached. SECTION 11. The California Environmental Quality Act (CEQA) and State and local guidelines, rules, regulations, and procedures adopted pursuant thereto permits the City of West Covina to impose any fees or charges associated with implementing the above monitoring program upon the applicant. SECTION 12. The City Clerk shall certify to the adoption of this Resolution and shall enter it into the book of original resolutions. APPROVED AND ADOPTED on this 20th day of July, 2021. APPROVED AS TO FORM ZA �T — Thomas P. Difarte City Attorney ������y Letty / :, Mayor ATTEST Lisa rick Assiserk I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2021-81 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 20th day of July, 2021, by the following vote of the City Council: AYES: Castellanos, Diaz, Lopez-Viado, Tabatabai, Wu NOES: None ABSENT: None ABSTAIN: None r Lisa Sher ck Assista ity Clerk EXHIBIT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Introduction to the MMRP The California Environmental Quality Act (CEQA) requires that a reporting or monitoring program be adopted for the conditions of project approval that are necessary to mitigate or avoid significant effects on the environment (Public Resources Code [PRCj 21081.6). PRC Section 21081.6 provides general guidelines for implementing mitigation monitoring programs and indicates that specific reporting and/or monitoring requirements, to be enforced during project implementation, shall be defined priorto final certification of the Final Initial Study -Mitigated Negative Declaration (IS-MND). This mitigation monitoring and reporting program (MMRP) is intended to track and ensure compliance with adopted mitigation measures during the project implementation phase. For each mitigation measure recommended in the IS-MND, specifications are made herein that identify the action required, the monitoring that must occur, and the agency or department responsible for oversight. MMRP Matrix Table 1, Mitigation Monitoring and Reporting Program, below, lists mitigation measures and project design features that reduce the potentially significant effects of the proposed project to a less than significant level. These measures correspond to those discussed in in the IS-MND. To ensure that the mitigation measures are properly implemented, a monitoring program has been devised that identifies the timing and entity/agency responsible for monitoring each measure. The City of West Covina will have the responsibility for implementing the measures, and various public agencies will have the primary responsibility for enforcing, monitoring, and reporting the implementation of the mitigation measures. Mitigation Monitoring and Reporting Program City of West Covina Cameron II Project This page intentionally left blank. Mitigation Monitoring and Reporting Program Prior to issuance of grading permits, the following measures shall be implemented: Preconstrection survey Prior to Issuance of grading City of West Covina • To avoid disturbance of nesting birds, Including raptorial species protected by the META results and written permits. If construction Planning Division and CFGC, construction activities related to the project, Including, but not limited to, verification of activities will take place vegetation removal, ground disturbance, and construction and demolition shall occur appropriate buffers or between February l and August outside of the bird breeding season (February 1through August 311. If construction must mitigation measures if 31, confirm that the applicant begin during the breeding season, then a pre -construction nesting bird survey shall be bird nests are identified has contracted with a qualified conducted no more than seven days prior to Initiation of construction activities. The in the survey. biologist to conduct a nesting bird pre -construction survey shall be conducted on foot inside the project site, preconstruction nesting survey including a 100-foot buffer, and in inaccessible areas (e.g., private lands) from afar using within 7days of commencing binoculars to the extent practical. The survey shall be conducted by a qualified biologist construction, and review the familiar with the Identification of avian species known to occur in southern California. survey report to verify that buffers and recommended • If nests are found, the 100--foot avoidance buffer shall be demarcated by a qualified measures to avoid nests are In biologist with bright orange construction fencing, flagging, construction lathe, or other place prior to commencing means to mark the boundary. All construction personnel shall be notified as to the construction. existence of the buffer zone and to avoid entering the buffer zone during the nesting season. No parking, storage of materials, or construction activities shall occur within this buffer until the biologist has confirmed that breeding/nesting is completed, and the young have fledged the nest Encroachment into the buffer shall occur only at the discretion of the qualified biologist. • A survey report by the qualified biologist documenting and verifying compliance with the mitigation and applicable State and federal regulations protecting birds shall be submitted to the City. The qualified biologist shall serve as a construction monitor during those periods when construction activities would occur near active nest areas to ensure that no inadvertent impacts on these nests would occur. g10 2 Tree Protection Measures The following measures are required to avoid and minimize impacts to the overhanging Receipt of proof that all Prior to work adjacent to the City of West Covina California sycamore, a significant tree not proposed for removal. The planning director may construction personnel California sycamore Planning Division Impose additional measures determined necessary to preserve and protect the health of trees have been educated by not planned for removal. certified arborist • All personnel shall be educated by a certified arborist regarding tree protection measures regarding tree protection prior to working adjacent to the California sycamore. The education shall Include an measures Mitigation Monitoring and Reporting Program City of West Covina Cameron 11 Project explanation of the tree protection measures and the protocol for working within the tree's dripline. The California sycamore shall be shielded from damage during construction with an appropriate construction barrier, such as chain link and steel stake fence enclosing the entire dripline area. All exposed roots shall be Inside the fence or barrier. The fence or barrier shall have a minimum height of 6 feet measured from the grade. The fence or barrier shall be Installed prior to commencement of any development activity on the site and shall remain in place throughout all phases of construction. Fences may not be removed without obtaining written authorization from the Planning Director. Branches that Interfere with the development activity may be pruned to the satisfaction of the Planning Director, superintendent of maintenance operations, or arborlst. Compaction of the soil within the dripline of the California sycamore shall be minimized to the greatest extent feasible. Cutting of roots shall not occur within a distance equal to three and one-half times the trunk diameter, as measured at ground level. The trunk diameter of the California sycamore Is 26 inches; accordingly, the appropriate root avoidance distance Is at least 7.5 feet from the trunk. Any roots encountered within the driplins shall be cleanly cut with a sharp cutting tool such as a lopping shear or hand saw and not ripped by equipment. Receipt of proof that measures to shield the California sycamore from damage have been carried out Verify that any activities permitted in the last three bullets of this mitigation measure are carried out consistent with the requirements of the mitigation measure Prior to commencement of any City of West Covina development activity on the site Planning Director Prior to orduring these activities City of West Covina Planning Director, superintendent of maintenance operations, or arborist A qualified archaeologist who meets or exceeds the Secretary of Interior's Professional Contract with qualified Prior to start of construction city of West Covina Qualifications Standards for archeology(National Park service[NPS] 1983) should conduct archaeologist; submittal Planning Division WEAP training, prior to the commencement of any ground -disturbing activities. The sensitivity of WEAP training training should include a description of the types of cultural material that may be materials and logs to the encountered, cultural sensitivity issues, the regulatory environment, and the proper protocol City prior to the start of for treatment and disposition of cultural materials in the event of a find. The training should construction be required for all earthmoving construction personnel and a sign -in -sheet also will be required. [RT2: Anclureoll Monitoring Archaeological monitoring of all project related ground disturbing activities by a qualified Written verification of Prior to project -related ground City of West Covina archaeologist as designated by the lead agency shall be performed under the guidance and compliance with disturbing activities, confirm Planning Division direction of a Project Archaeologist meeting the Secretary of the Interiors Professional archaeological that the applicant has provided Qualifications Standards for archeology (National Park Service 1983). Monitors shall have the monitoring requirements written evidence that Mitigation Monitoring and Reporting Program authority to halt and redirect work should any archaeological resources be Identified during qualified archaeologist has been monitoring. If archaeological resources are encountered during ground -disturbing activities, retained work in the immediate area must haft and the find evaluated for listing in the CRHR. During ground -disturbing City of West Covina Construction monitoring may be reduced or halted at discretion of the Project phases of construction, if any Planning Division Archaeologist, In consultation with the lead agency, as warranted by conditions that include, archaeological resources are but are not limited to encountering bedrock, non-native sediments (infili), or negative discovered, ensure that all findings. Should archaeological spot-checking be recommended by the Project Archaeologist, applicable actions of this it shall only occur in areas of new construction, where ground disturbance will extend to mitigation measure are carried depths not previously reached (unless those depths are within bedrock). Upon completion of out. project related ground disturbance and monitoring efforts, a monitoring report should be submitted to the City of West Covina for review and approval, and the final report shall be transmitted to the South Central Coastal Information Center housed at California State University, Fullerton. CR 3. Unanticipated Discovery of Archaeological Resources In the unlikely event archaeological resources are unexpectedly encountered during ground- Written verification of If archaeological resources a re City of West Covina disturbing activities after monitoring has been reduced, work in the immediate area including compliance with the encountered, confirm that work Planning Division aSo-foot buffer shall be halted and an archaeologist meeting the secretary of the Interior's requirements of this has been halted and a qualified Professional Qualifications Standards for archeology(National Pa Or Service 1983) shall be mitigation measure archaeologist has been retained contacted Immediately to evaluate the find. If the find is prehistoric, then a Native American and that all applicable actions of representative shall also be contacted to participate In the evaluation of the find (see also this mitigation measure are Mitigation Measure TCR-1 of this IS-MND). If necessary, the evaluation may require carried out before work preps ration of a treatment plan and archaeological testing for CRHR eligibility. if the discovery resumes proves to be eligible for the CRHR and cannot be avoided by the proposed project, additional work, such as data recovery excavation, may be warranted to mitigate any significant Impacts to cultural resources to less than a significant level. CR 4: Unanticipated Discovery of Human Remains In the event of an unanticipated discovery of human remains, the Los Angeles County Coroner Written verification of If human remains are City of West Covina must be notified immediately and all work within the immediate area shall be halted and no compliance with the encountered, confirm that work Pla tuning Division further disturbance shall occur until the county coroner has made a determination of origin requirements of this has been halted and all and disposition of the remains pursuant to PRC Section 5097.98 and to the State of California mitigation measure applicable actions of this Health and Safety Code Section 7050.5. if the human remains are determined to be mitigation measure are carried prehistoric, the Coroner will notify the NAHC, which will determine and notify a most likely out before work resumes descendant (MILD). The MILD shall complete the inspection of the site and make recommendations to the landowner within 48 hours of being granted access. The requirements of Mitigation Measure TCR-1 of this 15-MND shall also be carried out. Mitigation Monitoring and Reporting Program City of West Covina Cameron 11 Project In the event an unanticipated fossil discovery is made during the course of project Written verification of If fossil discoveries are made City of West Covina development, construction activity shall be halted in the immediate vicinity of the fossil, and compliance with the during ground -disturbing Planning Division qualified professional paleontologist shall be notified and retained to evaluate the discovery, requirements of this phases of construction, confirm determine its significance, and determine if additional mitigation or treatment is warranted, mitigation measure that a qualified paleontologist Work In the area of the discovery shall resume once the find Is properly documented and the has been retained and all qualified professional paleontologist authorizes resumption of construction work. Any applicable actions of this significant paleontological resources found during construction monitoring shall be prepared, mitigation measure are carried Identified, analyzed, and permanently curated in an approved regional museum repository out under the oversight of the qualified paleontologist. Prior to issuance of a demolition permit for any building on the project site, the applicant shall obtain and submit to the City for review and approval a letter from a qualified consultant verifying that no ACMs, lead -based paint, or PCB -containing materials are present In the on - site buildings. If any of these materials are found to be present, they shall be abated In compliance with SCAQMD Rule 1403, as well as other applicable State and federal rules and regulations. only asbestos trained and certified abatement personnel shall be allowed to perform asbestos abatement activities on -site. All such materials removed from any on site structure shall be hauled and disposed off site by a transportation company certified to handle these materials. If these abatement measures are necessary, the applicant shall submit documentation to the City demonstrating that they have been properly carried out prior to issuance of building permits for the project. HAZ 2: Near Surface Soil Testing, Soil Gas Assessment, and Soil: Management Plan Written verification that Prior to issuance of demolition City of West Covina applicant has retained a permits Planning Division, qualified asbestos SCA4MD abatement consultant and that ACM abatement (If required) has been appropriately completed. Prior to issuance of grading permits, the applicant shall retain a qualified consult to carry out Written verification that Prior to Issuance of grading City of West Covina the following mitigation measures for potential soil contamination: the applicant has permits Pla aping Division • Perform sampling of near -surface soil to determine if potential impacts from residual retained a qualified agricultural chemicals exist at the project site consultant to carry out this mitigation measure • Perform asoil gas assessment to evaluate soil gas and potential vapor intrusion conditions at the project site • Prepare a Site Management Pla n for proper handling of any soil or groundwater that may be generated during project construction activitles The applicant shall submit the results of the near -surface soil testing and soil gas assessment, and the Site Management Plan, to the City for review and approval prior to issuance of grading permits. The project contractor shall be required to implement noise reduction measures during construction, which may include but are not imited to: • Schedule construction activities to avoid operating several pieces of equipment simultaneously, which can cause high noise levels • Enclose stationary equipment with materials capable of reducing noise levels by at least 30 d8A (see Appendix H for barrier specifications) • Locate all construction a reas for staging and warming up as far as possible from adjacent residential buildings and sensitive receivers • Erect temporary noise barriers with a minimum height of to feet along the southwestern boundary of the construction site when construction is performed within 50 feet of the residences at these boundaries. The noise barriers shall be constructed of material with a minimum weight of two pounds per square foot with no gaps or perforations. Noise barriers may be constructed of, but not limited to, 5/8-inch plywood, 5/8-Inch oriented strand board, and hay bales. Per the specification in Appendix H, barriers would be able to reduce construction noise by 10 to 20 dBA. N-2: Sound Insulation Review and approval of the results of the near - surface soil testing and soil gas assessment and the Site Management Plan Written and field verification of noise reduction measures Mitigation Monitoring and Reporling Program Prior to issuance of grading permits Prior to construction, review and approve a written description of noise reduction measures submitted by the applicant hat shall be implemented. Once prior to and then periodically during construction, confirm through field verification that these measures have been implemented City of West Covina Planning Division City of West Covina Planning Division and City of West Covina Building Division To comply with Title 24, Part 2, Section 1206.4(Allowable Interior Noise Levels)of the California Written verification of Prior to issuance of building city of West Covina Code of Regulations, the applicant ma It install exterior building materials with sufficient Sound design measures and permits, review and approve Building Division Transmission Class(STC) ratings to reduce interior noise levels in habitable rooms to 45 CNEL or Acoustical Analysis. applicant -provided acoustical lower. To reduce potential noise Impacts to future project residents, residential units fronting design measures on West Cameron Avenue shall incorporate design measures for windows, walls, and doors that Prior to issuance of an achieve a composite STC rating of at least 30 and all exterior doors and windows shall be occupancy permit, review and installed such that here are no air gaps or perforations. This requirement shall be incorporated approve applcant-provided into the plans to be submitted by the applicant to the City of West Covina for review and acoustical analysis Mitigation Monitoring and Reporting Program City of West Covina Cameron II Project approval prior to the Issuance of building permits. Acoustical analysis shall be performed prior to the issuance of an occupancy permit to demonstrate that noise levels in the interior livable spaces do not exceed the interior noise standard of 45 CNEL In any habitable room as set forth by the City and California Code of Regulations, Title 24, Section 1206.4. demonstrating that noise levels do not exceed the interior noise standard of 45 CNEL In any ha bltable room as set forth by the City For safety purposes, the applicant shall incorporate all recommendations provided by the City Review contents of final Before approval of final grading, City of West Covina traffic engineer and City Conditions of Approval into the final grading, landscaping, and street grading, landscaping, and landscaping, and street Traffic Engineer improvement plans submitted to the City for review; and these plans shall also show the street improvement improvement plans by City following improvements: plans and confirm that • Construct the West Cameron Avenue (Noah -South) at Project Driveway (East-West) to they comply with the provide one inbound lane and one outbound lane with eastbound stop -control and the requirements of this following lane configurations: mitlgation measure o Northbound— one left turn lane(two-wayleft turn median) and two through ones o southbound— one through lane and one sharedthrough/right turn lane o Eastbound — One shared left/right urn lane The City traffic engineer shall confirm that these recommendations, conditions of approval, and project design features have been Incorporated into the final grading, landscaping, and street Improvement plans before they are approved by the Cry. In the event that cultural resources of Native American origin are Identified during construction, all earth disturbing work within the vicinity of the find must be temporarily suspended or redirected until an archaeologist has evaluated the nature and significance of the find and an appropriate Native American representative, based on the nature of the find, is consulted. If the city determines that the resource is a tribal cultural resource and thus significant under CEDA, a mitigation plan shall be prepared and implemented in accordance with state guidelines and in consultation with Native American groups. The plan would include avoidance of the resource or, if avoidance of the resource is infeasible, the plan would outline the appropriate treatment of the resource in coordination with the archeologist and the appropriate Native American tribal representative. if cultural resources are Identified during construction and the City determines, consistent with the requirements of this mitigation measure, that they are tribal cultural resources, verify preparation of and compliance with mitigation plan Mitigation Monitoring and Reporting Program If cultural resources are City of West Covina Identified It wring construction Pla nning Division Before Issuance of building permits, the city shall determine the applicant's fair -share Confirm written Before issuance of building City of West Covina payment towards replacement of the existing Much sewer line In West Cameron Avenue verification of permits Engineering Divsion currently sewing the project site. The applicant shall then make this payment, after which this compliance with this improvement shall be carried out prior to issuance of building permits. The existing sewer line mitigation measure shall be replaced from manhole 103 to manhole 65 at which point It connects to the existing 12-Inch sewer line In Orange Avenue. Mitigation Monitoring and Reporting Program City of West Covina Cameron II Project This page intentionally left blank.