Resolution - 2012-83RESOLUTION NO.2012-83
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. 08-02, CODE AMENDMENT NO. 12-01 AND
ZONE CHANGE NO. 12-02 PURSUANT TO 'THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: City of West Covina
LOCATION: Citywide
WHEREAS, the City of West Covina has prepared an update of the Housing Element of
the West Covina General Plan in accordance with State Law, prepared a revision to the Land Use
Element of the General Plan, and proposes changes to Land Use Designations on the General
Plan map, proposes to amend the West Covina Municipal Code to add Mixed Use Overlay
standards, to add standards for emergency shelters for homeless individuals and to add standards
for efficiency units, and proposes to amend the Zoning Map to add the Mixed Use Overlay zone,
and
WHEREAS, according to the Housing Element update cycle established by HCD, the
City is required to submit an updated Housing Element for the period of 2008-2014 for
certification by HCD; and
WHEREAS, a Notice of Intent and Notice of Availability to Adopt a Mitigated Negative
Declaration was posted according to CEQA Section 15072 and an IS/MND was circulated for
the required 30 day public review period (CEQA Section 15073), from September 18 through
October 17, 2012; 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 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 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 23rd
day of October, 2012 conduct a duly advertised public hearing to consider the subject
applications, at which time the Planning Commission adopted Resolution No. 12-5483
recommending approval to the City Council; and
WHEREAS, the .City Council did, on the 20'.h day of November, 2012, conduct a duly
advertised public hearing as prescribed by law to consider said 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:
Resolution No. 2012-83
Page 2
1. After receiving and considering all determinations, studies, documents, and
recommendations, as well as other appropriate public comments, the City Council hereby
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 outlined below:
Environmental
Impacts
Mitigation Measures
Monitoring
Dept./Agency
Monitoring
Methods
Air Quality
Pursuant to South Coast Air Quality
Building/
Pre -
Management District Rule 445 (Wood
Engineering
construction
Burning Devices), wood burning stoves
plan check
and fireplaces 'are prohibited to be
South Coast Air
installed in development within the
Quality
On -site
Mixed -Use Overlay. Implementation of
Management
construction
this measure shall be confirmed by the
District
inspections
Building Department during routine plan
check procedures. This measure shall be
implemented at the expense of future
development applicants.
Pursuant to the California Building Code,
low flow bathroom faucets, kitchen
faucets, toilets, and shower heads shall be
installed in future development within the
Mixed -Use Overlay. Bathroom faucets
shall result in a minimum 32 percent flow
reduction. Kitchen faucets shall result in a
minimum 18 percent flow reduction.
Toilets and shower heads shall result in a
minimum 20 percent flow reduction.
Implementation of this measure shall be
confirmed by the Building Department
during routine plan check procedures.
This measure shall be implemented at the
expense of future development applicants.
Pursuant to state solid waste and recycling
requirements, future development within
the Mixed -Use Overlay shall be subject to
a minimum 50 percent diversion rate from
landfilling solid waste. Implementation of
this. measure shall be confirmed and
periodically monitored by the Building
Department during routine plan check
procedures. This measure shall be
implemented at the expense of future
development applicants and property
managers.
Cultural
In the event that subsurface resources are
Planning
On -site
Resources
encountered during the course of grading
Department,
construction
and/or excavation for projects completed
Building
inspection
pursuant to Housing Element policy, all
Division
development shall temporarily cease in
these areas until the City of West Covina
Planning Department is contacted and
agrees upon . a qualified
archaeologist/paleontologist to be brought
Resolution No. 2012-83
Page 3
onto the project site to properly assess the
resources and make recommendations for
their disposition. In the event that human
remains are discovered, there shall be no
disposition of such human remains, other
than in accordance with the procedures
and requirements set forth in California
Health and Safety Code Section 7050.5
and Public Resources Code Section
5097.98. These code provisions require
notification of the County Coroner and the
Native American Heritage Commission,
who in turn must notify those persons
believed to be most likely descended from
the deceased Native American for
appropriate disposition of the remains.
The applicable project applicant shall bear
all costs associated with implementing
this mitigation measure.
Noise
Concurrent with submittal of a project
Building/
Pre -
application for housing or mixed -use
Engineering
construction
within the Mixed -Use Overlay, the project
plan check
proponent shall submit a noise study to
evaluate existing and projected noise
Field
levels that could affect residences within
Observation
the project sites to ensure that exterior and
after
interior noise levels meet City. noise
Construction
standards. If noise standards are exceeded,
measures to attenuate noise levels shall be
required to attenuate noise to levels that in
accordance with City standards. Noise
studies shall be prepared to the
satisfaction of the City's Planning
Director.
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.
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.
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.
Resolution No. 2012-83
Page 4
APPROVED AND ADOPTED on this 20th day of November, 2012.
ATTEST: --
IF
City Clerk -aiirie Carrico
1, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, 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 thereof on the 20t" day of November 2012 by the following
vote of the City Council:
AYES: Herfert, Sanderson, Sotelo, Sykes, Touhey
NOES: None
ABSENT: None
ABSTAIN: None
ity Clerk La rie Carrico k
APPROVED AS TO FORM:
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