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Resolution - 8843aRESOLUTION NO.82343a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN AMENDMENT NO. II-92-12, TENTATIVE TRACT MAP NO. 47809, VARIANCE NOS. 925, and 928, TENTATIVE PARCEL MAP NO. 22037 AND VARIANCE NO. 950 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. WHEREAS, there was filed with the City Council a verified application on the forms prescribed in Chapter 26 of the West Covina Municipal Code, requesting approval of General Plan Amendment No. II-92-12, Tentative Tract Map No. 47809, Variance No. 950, Tentative Parcel Map No. 22037, and Variance Nos. 925 and 928 to allow the resubdivision of land consisting of 74 residential lots on that certain property described as follows: A resubdivision of Lots 32 through 37; 115 thru 120; 137; 138; 168 through 171; 191; 192; 216; and that portion of Lot 218 of Tract No. 32324 lying westerly of the follow- ing described line; Beginning at a point on the southerly line of said Lot 218, N 87030'05" E 779.57 feet from the westerly terminus of that certain course shown on said map of Tract No. 32324 as having a bearing and length of N 87030105" E 1444.98 feet, thence N 3025'05" W 935.58 feet to the southeasterly corner of Lot 108 of said Tract No. 32324, M.B. 989, Pages 77 Through 93; Lots 19 through 30; 38; and 56 through 58, Tract No. 42169, M.B. 990, Pages 1 through 8; and Lots 1 through 46 Tract No. 32323, M.B. 990, Pages 11 through 15, in the City of West Covina, County of Los Angeles, State of California; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act (CEQA); and WHEREAS, an initial study was prepared for said project; and WHEREAS, based upon the findings of the initial study, a Draft Environmental Impact Report ("EIR") was prepared and distributed pursuant to the California Environmental Quality Act (CEQA) and State and local guidelines, rules, regulations and procedures adopted pursuant thereto; and WHEREAS, during the environmental assessment process the City has encouraged open and broad public participation, and has pro- vided the opportunity for citizens, professional disciplines and public agencies to critically evaluate the environmental documents and the environmental impacts of the proposed actions through public hearings and consultation with public agencies and private organizations; and WHEREAS, a Final Environmental Impact Report ("EIR"), relating to the proposed development on the site, has been prepared pursuant • to said statute, guidelines, rules, regulations and procedures; and WHEREAS, the Draft EIR and the Final EIR has been independent- ly reviewed by city staff and reflects the independent judgment of the City; and WHEREAS, said Final EIR concludes that all potential adverse impacts associated with the project can be mitigated to a level of insignificance; and 0412-92/C:CC/SHHPEIR/BD:em Resolution No. 8843a EIR/South Hills Homes Partnership July 7, 1992 - Page 2 WHEREAS, said Final EIR includes: 1. The Draft EIR; • 2. Comments and recommendations received on the Draft EIR from agencies or persons consulted, or who otherwise commented on the Draft EIR either at public hearing or by written communications to the City; 3. A list of persons, organizations, and public agencies commenting on the Draft EIR; 4. Responses of the City to significant environmental points raised in the review and consultation process; and 5. Mitigation measures and monitoring requirements as recommended by staff for project impacts as identified in Attachment I (attached hereto and incorporated by reference); and WHEREAS, non-compliance with any of the aforementioned mitigation measures as determined by the monitoring department/ agency and any measures taken to correct said non-compliance shall be immediately reported to the Planning Department on the Mitigation Monitoring and Reporting Program Checklist for the subject project (Attachment II); and WHEREAS, the applicant agrees to implement the aforementioned mitigation measures and monitoring or reporting requirements; and WHEREAS, failure to comply with any of the aforementioned mitigation measures and/or monitoring or reporting requirements will result in a written notice of violation from the City to the applicant at which time the City may order that all or a portion of pre -construction, construction, post -construction activity or project implementation must cease until compliance is reached; and WHEREAS, The California Environmental Quality Act (CEQA) and State and local guidelines, rules, regulations and procedures adopted pursuant thereto permits the City of West Covina to impose any fees or charges associated with implementing the above monitoring program upon the applicant; and WHEREAS, the Planning Commission upon giving the required notice, conducted a duly advertised public hearing as prescribed by law on the 8th day of June, 1992, to consider said applications; and WHEREAS, after considering the information contained in the Final EIR with respect to said application, the Planning Commission recommended that the City Council certify the Final EIR. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Covina, as follows: SECTION NO. 1: After receiving and considering all determin- ations, studies, documents, and recommendations, as well as other appropriate public comment, the City Council does hereby • certify the Final EIR which has been prepared and completed in compliance with CEQA and State and local guidelines, rules, regulations, and procedures adopted pursuant thereto. 0412-92/C:CC/SHHPEIR/BD:em Resolution No. 8843a EIR/South Hills Homes Partnership July 7, 1992 - Page 3 SECTION NO. 2: The City Council does hereby find with respect to the potential adverse environmental impacts detailed in the Final EIR: • a. That based on the information set forth in the Final EIR, mitigation measures have been incorporated into the project or included as conditions of approval which mitigate or avoid each of the potential adverse environ- mental impacts as discussed in Attachment III, Findings (attached hereto and incorporated by reference). b. No additional adverse impacts will have a significant effect or result in a substantial or potentially substantial adverse change in the environment as a result of the proposed project. • SECTION NO. 3: The City Council does hereby find and determine that all environmental effects identified in the Final EIR have been reduced to an acceptable level in that: a. All environmental effects that can feasibly be avoided, have been eliminated or substantially lessened as determined through the findings set forth in paragraphs 2.a and b of this resolution. b. Based upon the Final EIR and the documents in the record referenced therein and Attachment III, special economic, social, or other considerations make infeasible the project alternatives identified in said Final EIR. SECTION NO. 4: The City Council does hereby find that the Draft EIR and the Final EIR independently and thoroughly have been reviewed by staff, and represents the independent judgement of the City. SECTION NO. 5: The City Clerk shall certify to the passage of this resolution. PASSED AND APPROVED this 7thday of July, 1992. ATTEST: A, City Cle k 0412-92/C:CC/SHHPEIR/BD:em Mayor Resolution No. 8843a EIR/South Hills Homes Partnership July 7, 1992 Page 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF WEST COVINA ) • I Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing Resolution No.8843a was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 7th day of July, 1992. • AYES: Manners, Jennings, Herfert, McFadden, Wong NOES: None ABSENT: None City Clerk APPROVED AS TO FORM: 2Lx4 &cZ kJ 6�- PJWOL-� Cit Attorney 0412-92/C:CC/SHHPEIR/BD:em