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Resolution - 2021-77RESOLUTION NO.2021-77 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 20-02, ZONE CHANGE NO. 20-03, PRECISE PLAN NO. 20-06, AND VESTING TENTATIVE TRACT MAP NO. 83166 AT 1024 W. WORKMAN AVENUE, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED WHEREAS, there was filed with the City, a verified application on the forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code, requesting approval of a precise plan to: Construct a 119-unit residential development on that certain property described as: Assessor's Parcel No. 8457-029-906, 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 treasures 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 FIR 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 Thomas P. Duarte City Attorney i ATTEST r UV Lisa SheftyClerk Assistant I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2021-77 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 Lisa She ck Assistat 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 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 [PRC] 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 prior to 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 Vincent Place Residential Project This page intentionally left blank. Mitigation Monitoring and Reporting Program Prior to issuance of grading permits, the following measures shall be implemented' Preconstruction survey Prior to issuance of grading • To avoid disturbance of nesting birds, including raptorial species protected by the META results and written permits, if construction 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 1 and August outside of the bird breeding season (February 1 through August 33). ifconstruction must mitigation measures if 31, the City shall confirm that begin during the breeding season, then a pre -construction nesting bird survey shall be bird nests are Identified the applicant has contracted conducted no more than seven days prior to initiation of construction activities. The In the survey. with a qualified biologist to nesting bird pre -construction survey shall be conducted on foot Inside the project site, conduct a preconstructlon including a 100-foot buffer, and in inaccessible areas (e.g., private lands) from afar using nesting survey within l days of binoculars to the extent practical. The survey shall be conducted by a qualified biologist commencing construction, and familiar with the Identification of avian species known to occur in southern California, review the survey report to • if nests are found, an avoidance buffer shall be demarcated by a qualified biologist with verify that buffers and recommended measures to bright orange construction fencing, flagging, construction lathe, or other roes m to mark avoid nests are in place prior to the boundary. All construction personnel shall be notified as to the existence of the commencing construction. 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 with 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. City of West Covina Planning Division BI02: Significant Trees Significant trees that are removed due to the project shall be mitigated by one or more of the Submittal of mitigation The City shall review and City of West Covina following measures: plans and approval by approve tree mitigation plans Planning Division • Replacement with trees of a comparable species, size, and condition as determined by Planning Director submitted by the applicant prior the Planning Director to Issuance of grading permits. • Relocation on or off site with submission of an arhoret report describing the method and The City shall confirm that the Mitigation Monitoring and Reporting Program City of West Covina Vincent Place Residential Project one-year survival guarantee • Payment of the proper restitution value of the Creels), or donation of a boxed treefs) to the City or other public agency to be used elsewhere in the community measures required by the tree mitigation plans have been curled out after the removal of trees and before issuance of building permits. A qualified archaeologist shall be retained to conduct a Worker's Environmental Awareness Contract with qualified The City shall confirm that the City of West Covina Program(WEAP) training on archaeologice l sensitivity for all construction personnel prior to archaeologist; submittal applicant has provided written Planning Division the commencement of any ground -disturbing activities. The training shall be conducted by an of WEAP training evidence that a qualified archaeologist who meets or exceeds the Secretary of Interior's Professional Qualification materials and logs to the archaeologist has been retained Standards for archaeology (National Park Service[NPSI 1983). Archaeological se nsitivity City prior to the start of to provide WEAP training and training shall include a description of the types of cultural material that may be encountered, construction. that construction workers have cultural sensitivity issues, the regulatory environment, and the proper protocol for treatment been given the WEAP training of the materials in the event of a find. prior to start of construction. CR 2; Unanticipated Discovery of Archaeological Resources If archaeological resources are encountered during ground -disturbing activities, all work in the immediate vicinity shall be hatted, and the City of West Covina Community Development Department shall be Immediately informed of the discovery. The qualified archaeologist required under Mitigation Measure TCR-2 shall be retained by the project applicant to determine if the find is classified as a significant cultural resource pursuant to the CECIA definition of historical (CEQA Guidelines 15064.5[a)) and/or unique archaeological resources (PRC 21083.2 fill. if the resource Is classified as a significant cultural resource, the qualified archaeologist shall make recommendations on the treatment and disposition of the finding. The final recommendations on the treatment and disposition of the finding shall be developed in accordance with all applicable provisions of the PRC Section 21083.2 and CEQA Guidelines Sections 15064.5 and 15126.4 and shall be reviewed by the City of West Covina Community Development Department prior to implementation. The final recommendations shall be implemented, and the City shall be provided with a final report on the treatment and disposition of the finding prior to issuance of a Certificate of Occupancy. Written verification of The City shall confirm that the City of West Covina compliance with applicant has provided written Planning Division procedures for treatment evidence that a qualified of discovered archaeologist has been retained archaeological resources. and ensure that, if any archaeological resources are discovered, all applicable actions of this mitigation measure are ca ruled out during ground -disturbing phases of construction. In the event an unanticipated fossil discovery is made during the course of project Written verification from development, construction activity shall be halted in the Immediate vicinity of the fossil, and the qualified qualified professlonal paleontologist shall be notified and retained to evaluate the discovery, paleontologist that he determine Its significance, and determine if additional mitigation or treatment is warranted. procedures for treatment Work in the area of the discovery shall resume once the find is properly documented and the of discovered qualified professional paleontologist authorizes resumption of construction work. Any paleontological resources significant paleontological resources found during construction monitoring shall be prepared, have been carried out. Identified, analyzed, and permanently curated in an approved regional museum repository under the oversight of the qualified paleontologist. Mitigation Monitoring and Reporting Program The City shall confirm that the City of West Covina applicant has provided written Pla ming Division evidence that a qualified paleontologist has been retained and ensure that, if any paleontological resources are discovered, all applicable actions of this mitigation measure are carried out during ground -disturbing phases of construction. Prior to the issuance of a demolition permit, the applicant shall obtain a letter from a qualified Written verification that Prior to issuance of demolition City of West Covina asbestos abatement consultant that no ACMs are present in the building. If ACMs are found to applicant has retained a permits, the City shall confirm Planning Division, be present, the materials shall be abated in compliance with South Coast Air quality qualified asbestos that the applicant has provided SCAQMD Management District (SCAQMD(Rule 1403, as well as other applicable State and federal rules abatement consultant written proof that a qualified and regulations, only asbestos trained and certified abatement personnel shall be allowed to and that ACM abatement asbestos abatement consultant perform asbestos abatement activities on -site. All ACMs removed from a ny on -site structure (If required) has been has been retained and that shall be hauled and disposed off -site by a transportation company certified to handle asbestos appropriately completed. abatement (if required) has and hazardous materials, been completed. The project contractor shall be required to Implement noise reduction measures during Written and field The City shall review and City of West Covina construction, which may include but are not limited to: verification of noise approve a written description of Planning Division • Schedule construction activities to avoid operating several pieces of equipment reduction measures, noise reduction measures and City of West sleadloneomy, which can cause high noise levels submitted by the applicant that Covina Building • Enclose stationary equipment with materials capable of reducing noise levels by at least shall be implemented prior to Division So dBA (see Appendix IT for barrier specifications) and during construction. The City shall then, once prior to and Mitigation Monitoring and Reporting Program City of West Covina Vincent Place Residential Project • Locate all construction areas for staging and warming up as far as possible from adjacent then periodically during residential buildings and sensitive receivers construction, confirm through • Erect temporary noise barriers with a minimum height of 30 feet along the western and field verification that these southern boundaries of the construction site When construction is performed within 50 measures have been feet of the residences at these boundaries. The noise barriers shall be constructed of implemented. 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. NOI4: Sound Insulation To comply with Title 24,Pan 2, Section 1206.4(Allowable Interior Noise Levels) of the California Written verification of The City shall confirm that the City of West Covina Code of Regulations, the applicant shall Install exterior building materials with sufficient Sound design measures and applicant has provided Building Division Transmission Class(STC)ratings to reduce Interior noise levels in habitable rooms to 45 CNEL or Acoustical Analysis. acoustical design measures for lower. To reduce potential noise impacts to future project residents, residential units with line approval prior to issuance of of sight to any area roadway shall incorporate design measures for windows, walls, and doors building permits. The City shall that achieve a composite STC rating of at least 30 and all exterior doors and windows shall be review and approve written Installed such that there are no air gaps or perforations. Both aforementioned STC rating proof submitted by the standard requirements shall be Incorporated Into the plans to be submitted by the applicant to applicant that an acoustical the City of West Covina for review and approval prior to the issuance of building permits, analysis was performed prior to Acoustical analysis shall be performed prior to the issuance of an occupancy permit to the issuance of an occupancy demonstrate that noise levels in the interior livable spaces do not exceed the Interior noise permit to demonstrate that standard of 45 CNEL In any habitable room as set forth by the City and California Code of noise levels do not exceed the Regulations, Title 24, Section 1206.4. interior noise standard of 45 CNEL In any habitable room as set forth by the City. For safety purposes, the applicant shall Incorporate all recommendation provided by the City Review and approval of The City shall reviewaad City of West Covina traffic engineer and City Conditions of Approval into the final grading, landscaping, and street final grading, approve plans submitted by the Traffic Engineer improvement plans submitted to the City for review; and these plans shall also show the landscaping, and street applicant that incorporate the following improvements: Improvement plans by recommendations and • The Project Driveway (Noah -South) at West Workman Avenue (East-West) shall provide City. Conditions of Approval. one Inbound lane and one outbound lane with northbound stop control and the fallowing lane configurations: Mitigation Monitoring and Reporting Program o Northbound —One shared left/right turn lane o Eastbound— One shared through/rightturn lane o Westbound — one shared left/through lane • The West Garvey Avenue Noah(Noah-South)at Project Driveway(East-West) shall provide one inbound lane and one outbound lane with eastbound stop -control and the following lane configurations: o Northbound — One shared left/through lane o Southbound— One shared through/right turn lane o Eastbound — one shared left/right turn 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 City. The project applicant shall obtain the services of a qualified Native American Monitors) Monitoring contract with The City shall confirm that the City of West Covina during construction- related ground disturbance activities. Ground disturbance is defined as qualified Native applicant has retained a Planning Division activities thatinclude, but are not limited to, pavementremoval, potholing or auguring, American monitor, qualified Native American grubbing, weed abatement, boring, Grading, excavation, drilling, and trenching, within the monitoring logs. Monitor prior to the project area. The monitors) shall be present on -site during the construction phases that commencement of involve any ground disturbing activities. The Native American Monitors) shall complete construction, and that monitoring logs on a daily basis that provide descriptions of the daily activities, including monitoring is conducted during construction activities, locations, sail, and any cultural materials identified. The on -site ground -disturbing activities monitoring shall end when the construction -related ground disturbance activities are consistent with the completed, or when the monitor has Indicated that the site has a low potential for requirements of this mitigation archeological resources. measure. TCR-2: Unanticipated Discovery, of Tribal Cultural Resources A qualified archaeologist and Native American Monitor shall be present during construction- Monitoring contract with The City shall confirm that the City of West Covina related ground disturbance activities in order to Identify any unanticipated discovery of tribal qualified archaeologist applicant has retained a Planning Division cultural resources. The qualified archaeologist and Native American Monitor may be separate and Native American qualified archaeologist and Individuals or the same Individual if the City determines that individual qualifies as both monitor. Written Native American Monitor prior archaeologist and Native American Monitor. All archaeological resources unearthed verification from Native to the commencement of qualified by construction activities shall be evaluated by the qualified archaeologist and Native American American monitor and construction activities and that Monitor. If the resources a re determined to be human remains (see also Mitigation Measure qualified archaeologist of monitoring is conducted during Mitigation Monitoring and Reporting Program City of West Covina Vincent Place Residential Project TCR-3) the coroner shall be notified, and if the human remains are Native American In origin, compliance with ground disturbing activities the coroner shall notify the NAHC as mandated by state law, who will then appoint a Most procedures for treatment consistent with the Likely Descendent (MUD). The MILD shall then coordinate with the landowner regarding of discovered Tribal requirements of this mitigation treatment and curstion of these resources.Typically, the MILO will request reburial or cultural resources. measure. preservation for educational purposes. If a resource is determined by the qualified archaeologist to constitute a "historical resource' pursuant to CEDA Guidelines Section 15064.5(a) or a "unique archaeological resource" pursuant to PRC Section 21083.2(g), the qualified archaeologist shall coordinate with the applicant and the City to develop a formal treatment plan that would serve to reduce impacts to the resources. The treatment plan established for the resources shall be In accordance with CEDA Guidelines Section 15064.5(f) for historical resources and PRC Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include Implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that Is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be donated to a local school or historical society in the area for educational purposes. TCR-3: Unanticipated Discovery of Human Remains and Associated Funerary Objects The term "human remains" encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the burial of associated cultural resources (Funerary objects) with the deceased, and the ceremonial burning of human remains. These remains are to be treated In the same manner as bone fragments that remain Intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. The Native American Graves Protection and Repatriation Act (NAGPRA) guidance specifically states that the federal agencies will consult with organizations on whose aboriginal lands the remains and cultural items might be discovered, who are reasonably known to have a cultural relationship to the human remains and other cultural items. Therefore, for this project site, It is appropriate to consult with local Native American groups as recommended by the NAHC. Any discoveries of human skeletal material shall be Immediately reported to the County Coroner. The monitor shall immediately divert work at a minimum of 50 feet and place an exclusion zone around the burial. The monitor shall then notify the Qualified Archaeologist and the construction manager who shall call the coroner. Work shall continue to be diverted Monitoring contract with The City shall confirm that he City of West Covina qualified archaeologist applicant has retained a Planning Division and Native American qualified archaeologist and monitor and written Native American Monitor prior proof that the to the commencement of procedures listed in this construction activities and that mitigation measure have monitoring is conducted during been Implemented and ground disturbing activities complied with. consistent with the requirements of this mitigation measure. Mitigation Monitoring and Reporting Program while the coroner determines whether the remains are Native American. The discovery shall be kept confidential and secure to prevent any further disturbance. If Native American, the coroner will notify the NAHE as mandated by state law who will then appoint a Most Likely Descendent. The Most Likely Descendant shall provide recommendations as to the treatment and disposition of the human remains within 48 hours MLD designation. in the case where discovered human remains cannot be fully documented and recovered an the same day, the remains shall be covered with a protective casing to prevent further damage or looting. If the coroner determines the remains represent a historic non -Native American burial, the burial shall be treated in the same manner of respect with agreement of the coroner. Reburial will be In an appropriate setting. If the coroner determines the remains to be modern, the coroner will take custody of the remains. Each occurrence of human remains and associated funerary objects shall be stored in accordance with methods agreed upon between the MILD and the landowner. 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