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Resolution - 9408' RESOLUTION NO. 9408 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO. 1-97-27, ZONE CHANGE NO. 650, CONDITIONAL USE PERMIT NO. 487, AND PRECISE PLAN NO. 853, PURSUANT TO THE CALIFORNIA 46 ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. WHEREAS, there was filed with this City a verified application on forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code requesting the approval of a General Plan amendment, zone change, conditional use permit, and precise plan for the purposes of constructing a 122-unit affordable housing apartment complex in excess of the otherwise -allowed maximum density on that certain property generally described as: Assessor's Parcel Nos. 8434-015,030, 8434-015-031, and 8434-015-032, 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, a 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 Planning Commission, upon giving the required notice, did on the 11th day of February 1997, conduct a duly advertised public hearing as prescribed by law to consider said application, at which time the Planning Commission adopted Resolution No. 2-97-4403, recommending to the City Council certification of the Negative Declaration of Environmental Impact for General Plan Amendment No. 1-97-27, Zone Change No. 650, Conditional Use Permit No. 487, and Precise Plan No. 853; and WHEREAS, the City Council did, on the 18th day of February, 1997, conduct a duly advertised public hearing as prescribed by law to consider said General Plan Amendment and Zone Change and environmental documents, and considered evidence presented by the Planning Commission, Planning Department, and other interested parties. IS NOW, THEREFORE, the City Council of the City of West Covina does hereby resolve as follows: 1. After receiving and considering all determinations, studies, documents, and recommendations, as well as other appropriate public comments, the City Council of the City of West Covina hereby certifies the Negative Declaration of Environmental Impact subject to compliance with the mitigation measures that are recommended in the Negative Declaration of Environmental Impact as outlined below: Z:\CC\RESODM\SFRNND. DOC Resolution No. Negative Declaration GPA 1-97-27, ZC 650, CUP 487, PP 853 February 18, 1997 - Page 2 Environmental Impacts Mitigation Measures Monitoring Dept./Agency Monitoring Methods Air/Noise Grading and construction activity shall Engineering Daily on -site comply with the City's grading and inspections noise ordinances. Requirements Code include, but are not limited to, Enforcement Citizen input. restricting excavation, grading, and other construction activities to the Police Dept. hours between 7:00 a.m. and 8:00 p.m. Also, all construction equipment, stationary or mobile, shall be required to have properly operating and maintained mufflers. Mechanical equipment to be installed on the site shall be required to operate below 65 dB levels as measured from the nearest property line. Throughout the grading and construction phase, soil shall be kept moist to reduce fugitive dust. All trucks hauling dirt to or from the site shall have their loads wet down or covered. During Santa Ana wind conditions with wind speeds exceeding 25 mph, soil disturbance areas shall be watered hourly or active operations on unpaved surfaces shall be terminated until the wind speeds no longer exceed 25 mph. Energy Energy conservation measures that Building Pre - meet the minimum requirements of construction Title 24 of the California Code of plan check. Regulations shall be incorporated into any building construction. On -site inspection. 2. Non-compliance with the aforementioned mitigation measures as 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 (Attachment 1); and 3. The applicant agrees to implement the aforementioned mitigation measures and monitoring or reporting requirements; and 4. 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 Z:\CC\RESOSDM\SFRNND. DOC s Resolution No. Negative Declaration GPA 1-97-27, ZC 650, CUP 487, PP 853 February 18, 1997 - Page 3 activity or project implementation must cease until compliance is reached; and 5. 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 6. The City Clerk shall certify as to the passage of this Resolution. PASSED AND APPROVED on this 18th day of February, 1997. NAT, IT 11 Loll . ATTEST: re �"i e City C k 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 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 18th day of February, 1997. AYES: Manners, McFadden, Wong, Touhey NOES: None ABSENT: None ABSTAIN: Herfert City rk APPROVED AS TO FORM: 24L28 L w ,cnA4 y-J City Attorney Z:\CC\RESOSDM\SFRNND. DOC n CITY OF WEST COVINA MITIGATION MEASURE MONITORING CHECKLIST Project Case Name/Number: Project Coordinator Phone # Project Locations Mitigation Measure Status: Mitigation Nature of Steps taken to Date Measures. Non-compliance. correct non-compliance. s I hereby certify I have inspected the project plans/site and that the above information is true to the best of my knowledge. Name(Print) Department Signature Date I ATTNCMMENT 1_