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Resolution - 9419CITY COUNCIL RESOLUTION NO. 9419 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. 1-97-28, ZONE CHANGE NO. 652, TENTATIVE PARCEL MAP NO. 24625, AND VARIANCE NO. 1018 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) OF 1970, AS AMENDED. (Bishop Building Company) WHEREAS, there was filed with this City verified applications on forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code requesting the approval of a general plan amendment on a portion of the property from "Office" to Low Medium Density Residential (4.1 - 8.0 du/ac)", a zone change from "Office Professional" to "Single -Family Residential (R-1), Area District II", and a variance to allow two residential lots with less than the minimum amount of lot area on a site that is currently zoned.Office Professional and consisting of 2.1.t acres; on that certain property generally described as follows: Parcel 1 of Parcel Map No. 21595, in the City of West Covina, County of Los Angeles, State of California, as per map filed in Book 238, Pages 31, 32, and 33 of parcel maps, in the Office of the County Recorder of said County; 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 an initial study, it was determined that although the proposed project could have a significant impact on the environment, there will be none in this case due to mitigation measures which have been incorporated into the project's design or required as conditions of approval; and WHEREAS, the initial study has determined that the proposed project will not individually nor cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the 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 (CEQA) of 1970, as amended, and mitigation measures are included in said Negative Declaration in support of the finding that all potential impacts can be reduced to a level of insignificance; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 25th day of February 1997, conduct a duly advertised public hearing as prescribed by law to consider said applications at which time the Planning Commission adopted Resolution No. 2-97-4411, recommending to the City Council certification of the Negative Declaration is of Environmental Impact for General Plan Amendment No. 1-97-28; Zone Change No. 652, Tentative Parcel Map No. 24625, and Variance No. 1018; and WHEREAS, the City Council did, on the 18th day of March, 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. z:cc\resosbd\bshccceq.doc CEQA Resolution GPA 1-97-28 March 18, 1997 - Page 2 NOW THEREFORE, the Planning Commission 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 Planning Commission of the City of West Covina hereby recommends to the City Council, certification of 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. ENVIRONMENTAL IMPACTS MITIGATION MEASURES MONITORING DEPT/AGENCY MONITORING METHODS 1. Noise/Air Quality Grading and Planning and On -site construction activity Code inspection. shall comply with Enforcement/ Citizen's input. the City's grading Building and and noise Engineering ordinances. Requirements include, but are not limited to, restricting excavation, grading, and other construction activities to the 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. During initial construction, delivery of materials and equipment, outdoor operations of equipment, and outdoor use of hammers and power tools shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Minimum energy Building and Pre- 2. Energy conservation Engineering construction measures that meet Department Plan Check, the minimum on -site requirement of Title inspection 24 of the California Code of z: cc\resosbd\bshccceq .doc • is CEQA Resolution GPA 1-97-28 March 18, 1997 - Page 3 Regulations, shall be incorporated into any building construction. 3. Seismic Comply with the Building and Pre- Uniform Building Engineering construction Code, and National Department Plan Check Electric Code and other applicable state and county laws, rules, and regulations. 4. Light and Glare Lighting shall be Building and Engineering Pre - construction designed, installed, and maintained in Department Plan Check, compliance with On -site Section 26A09 of inspection the West Covina Municipal Code 2. 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 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 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 to the adoption of this resolution. ADOPTED AND APPROVED this 18th day of March, 1997 ATTEST�\ l� City Clerk z: cc\ resosbd\ bshccceq. doc CEQA Resolution GPA 1-97-28 March 18, 1997 - Page 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) • CITY OF WEST COVINA ) 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 March 18, 1997. AYES: Herfert, Howard, Melendez, Touhey, Wong NOES: None ABSENT: None City Cle APPROVED AS TO FORM: • City Attomey z: cc\resosbd\bshccceq.doc