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Resolution - 9435RESOLUTION NO. 9435 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ZONE CHANGE NO. 651 AND PRECISE PLAN NO. 797, REVISION 2 PURSUANT TO THE • CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) OF 1970, AS AMENDED. 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 zone change from "Multiple -Family Residential (MF-20)" to "Service Commercial," and a revision to a precise plan to allow the expansion of the existing automobile dealership on a site consisting of 4.6.± acres on that certain property generally described as Los Angeles County Assessor's Parcel Numbers 8478-004-039, 905; 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 March 1997, conduct a duly advertised public hearing as prescribed by law to consider said application, at which time the Planning Commission adopted Resolution No. 3-97-4418, recommending to the City Council certification of the Negative Declaration of Environmental Impact for Zone Change No. 651 and Precise Plan No. 767, Revision 2; and WHEREAS, the City Council did, on the 15th day of April, 1997, conduct a duly advertised public hearing as prescribed by law to consider said Zone Change and environmental documents, and considered evidence presented by the Planning Commission, Planning Department, and other interested parties. 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 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: Z:\CC\RESOSDM\P767CEOR. DOC Resolution No. CEQA Resolution PP-767R2 April 15, 1997 - Page 2 ENVIRONMENTAL IMPACTS MITIGATION MEASURES MONITORING DEPT/AGENCY MONITORING METHODS 1. Noise/Air Quality Throughout the Planning and On -site grading and Code inspection. construction phase, Enforcement/ Citizen's input. soil shall be kept Building and moist to reduce Engineering fugitive dust through a minimum of twice daily watering. The developer shall provide for street sweeping, as needed, on adjacent roadways to remove dirt dropped by construction vehicles or dried mud carried off by trucks moving dirt or bringing construction materials. All trucks hauling dirt to or from the site will have their loads wet down or covered. All construction equipment to be on - site for more than 60 days will have low NOx emissions tune-ups prior to the commencement of any work. 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 Z:ICCMRESOSDM\P767CEQR. DOC 0 Resolution No. CEQA Resolution PP-767R2 Aaril 15, 1997 - Page 3 speeds no longer exceed 25 mph. Construction equipment shall be equipped with properly operating 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. Construction activities and business uses shall comply with the City of West Covina's noise ordinance. 4. Light and Glare g Lighting on the site Planning Pre - shall comply with the West Covina Department, construction Parking Lot and Building and plan check, On - Lighting Design Engineering site inspection. Standards to restrict Department the spillover of light and glare onto adjacent properties. 2. Non-compliance with any of the aforementioned mitigation measures as determined by the monitoring departmentlagency 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). 3. The applicant agrees to implement the aforementioned mitigation measures and monitoring or reporting requirements. 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. Z:\CC\RESOSDM\P767CEQR. DOC C] Resolution No. 9435 CEQA Resolution PP-767R2 April 15, 1997 - Page 4 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. 6. The City Clerk shall certify as to the passage of this Resolution. PASSED AND APPROVED on this 15th day of April, 1997. ATTEST: City Cler 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 held on the 15th day of April, 1997. AYES: Herfert, Howard, Nelendez, Touhey, Wong NOES: None ABSENT: None APPROVED AS TO FORM: U� Cie Jerk- Z:\CC\RESOSDM\P767CEQR. D 0 C n i 0 CITY OF WEST COVINA MITIGATION MEASURE MONITORING CHECKLIST Project Case Name/Number: Project Coordinator Phone # Project Location - Mitigation Measure Status - Mitigation Nature of Steps taken to Date Measures. Non-compliance. correct non-compliance. 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 ATT N CH MEW _T_