Resolution - 2013-2RESOLUTION NO.2013-2
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. 12-
01, ZONE CHANGE NO. 12-01 TENTATIVE PARCEL MAP NO. 71942 AND
TENTATIVE TRACT MAP NO. 71960 PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: Kye Evans, Brandywine Homes
LOCATION: 512 S. Valinda Avenue
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, zone change, a tentative parcel map to subdivide a
property into three parcels, and a tentative tract to further subdivide one of the created
parcels to construct a 19-unit residential development on that certain property generally
described as:
Assessor Parcel No. 8476-023-045 as shown on the latest rolls of the Los Angeles
County Tax 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 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
I I"' day of December, 2012 conduct a duly advertised public hearing to consider the
subject application, at which time the Planning Commission adopted Resolution No. 12-
5492 recommending approval to the City Council; and
NOW, THEREFORE, the City Council of the City of West Covina does hereby
resolve as follows:
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 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:
Resolution No. 2013-2
Page 2
Environmental
Mitigation Measures
Monitoring
Monitoring
Impacts
Dept./Agency
Methods
Aesthetic
Outdoor lighting shall be designed and
Planning
Pre -
installed with downcast shielding to reduce
Department/Engi
construction
light impacts on adjacent properties.
neering Division
plan check
Prior to issuance of a certificate of
On -site
occupancy the applicant shall submit a
construction
lighting plan, including a photometric plan,
inspection
to the Building Department for review and
approval to ensure that new lighting will
not "spill over" onto adjacent properties.
Biological
Prior to issuance of a grading permit, a
Planning
Pre -
certified arborist, as determined by the
Department
construction
West Covina Municipal Code Section 26-
plan check
289(1), shall inspect the project site to
determine the type of trees located on the
site. The arborist shall prepare and submit a
report to the City that identifies the tree
species on the site. Any significant and/or
heritage trees shall be identified. In ' the
event any significant or heritage trees are
identified, the applicant shall obtain a
permit from the City for the removal of
such trees in accordance with West Covina
Municipal Code Section 26-290(a)-(f).
Cultural
In the event that archaeological resources
Planning
On -site
Resources
are uncovered on the project site during
Department,
construction
grading or other construction activities, the
inspection
developer must notify the West Covina
Building
Planning Department immediately and
Division
work must stop within a 100-foot radius
until a qualified archeologist to be approved
by the City, has evaluated the find.
Construction activity may continue
unimpeded on other portions of the project
site. If the find is determined by the
qualified archeologist to be a unique
archeological resource, as defined by
Section 2103.2 of the Public Resources
Code, the site shall be treated in accordance
with the provisions of Section 21083.2 of
the Public Resources Code. If the find is
determined not to be a unique archeological
resource, no further action is necessary and
construction may continue. The applicant
shall bear the cost of implementing this
mitigation.
If paleontological resources are uncovered
during excavation of the project site, the
City of West Covina Planning Department
shall be notified immediately and W k
must stop within 100 feet of the find to
allow a qualified paleontologist to
Resolution No. 2013-2
Page 3
appropriately remove the find. The
applicant shall bear the cost of
implementing this mitigation.
If during excavation of the project site
human remains are discovered, the steps
described in State CEQA Guidelines
Section 15064.5(e) shall be followed.
(1) There shall be no further excavation or
disturbance of the site or any nearby
area reasonably suspected to overlie
adjacent human remains until:
(A) The coroner of the County in
which the remains are discovered
must be contacted to determine
that no investigation of the cause
of death is required, and
(B) If the coroner determines the
remains to be Native American:
1. The coroner shall contact the
Native American Heritage
Commission within 24 hours.
2. The Native American Heritage
Commission shall identify the
person or persons it believes to
be the most likely descended
from the deceased Native
American.
3. The most likely descendent
may make recommendations to
the landowner or the person
responsible for the excavation
work, for means of treating or
disposing of, with appropriate
dignity, the human remains and
any associated grave goods as
provided in Public Resources
Code Section 5097.98, or
(2) Where the following conditions
occur, the landowner or his
authorized representative shall rebury
the Native American human remains
and associated grave goods with
appropriate dignity on the property in
a location not subject to further
subsurface disturbance. The applicant
shall bear the cost of implementing
this mitigation.
(A) The Native American Heritage
Commission is unable to identify
a most likely descendent or the
most likely descendent failed ,,to
make a recommendation within
24 hours after being notified by
the commission.
Resolution No. 2013-2
Page 4
(B) The descendant identified fails to
make a recommendation; or
(C) The landowner or his authorized
representative rejects the
recommendation of the
descendant, and the mediation by
the Native American Heritage
Commission fails to provide
measures acceptable to the
landowner.
Geology and
The project shall be designed and
Building/
Pre -
Soils
constructed in accordance with the
Engineering
construction
requirements of Chapter 16 (Structural
plan check
Design) of the 2010 California Building
Code (CBC), the West Covina Municipal
On -site
Code, and accepted engineering practices.
construction
inspection
Prior to start of soil -disturbing activities at
the site, the project applicant shall obtain
a General Permit for Discharges of Storm
Water Associated with Construction
Activity to comply with the National
Pollution Discharge Elimination System
(NPDES), to control erosion and pollution
during construction of the project. The
project applicant shall prepare and submit
a Storm Water Pollution Prevention Plan
(SWPPP) to be administered throughout
project construction. The SWPPP must
list Best Management Practice (BMP)
features that the discharger (project
applicant) will use to protect storm water
runoff. Prior to issuance of any grading or
building permits, the City of West Covina
Department of Public Works shall
approve the SWPPP.
The � project applicant shall prepare and
implement a Standard Urban Storm Water
Mitigation Plan (SUSMP) in accordance
with the requirements of the West Covina
Municipal Code to ensure that storm
water runoff is managed for water quality
concerns through implementation of
appropriate and applicable best
management practices (BMPs). Prior to
issuance of any grading or building
permits, the City of West Covina
Department of Public Works shall
approve the SUSMP.
All unpaved demolition and construction
areas shall be wetted during excavation,
grading and construction, and temporary
dust covers shall be used to reduce dust
emissions and meet South coast Air
Quality Management District Rule 403.
Wetting could reduce fugitive dust by as
Resolution No. 2013-2
Page 5
much as 50 percent.
The Project Applicant or General
Contractor shall keep the construction
area sufficiently damped to control dust
caused by construction, hauling and at all
times provide reasonable control of dust
caused by wind.
All materials transported off -site shall
either be sufficiently watered or securely
covered to prevent excessive amounts of
dust and spillage.
All clearing, earthmoving, or excavation
activities shall be discontinued during
period of high Winds (i.e. greater than 15
mph), so as to prevent excessive amounts
of fugitive dust.
Hazards and
Asbestos and lead -based paint surveys
Building
Pre -
Hazardous
shall be conducted on the building to be
Division
construction
Materials
demolished prior to the start of
Fire
plan check
construction. In the event that asbestos
Department
and leadbased paint are detected, they
shall be abated in accordance with all
On -site
applicable rules and regulations.
construction
Abatement activities shall be completed to
inspection
the satisfaction of the appropriate
regulatory agency(ies) prior to issuance of
demolition permits for the proposed
Approval of
project. Abatement of asbestos shall be
Closure report
conducted in accordance with SCAQMD
by the Fire
Rule 1403, Asbestos Emissions from
Department
Demolition/Renovation Activities.
Hydrology and
Appropriate erosion control and drainage
Building/
On -site
Water Quality
devices shall be incorporated to the
Engineering
construction
satisfaction of the Building Division, such
inspection
as interceptor terraces, berms,
veechannels, and inlet and outlet
structures.
All waste shall be disposed properly. Use
appropriately labeled recycling bins to
recycle construction materials including:
solvents, water -based paints, vehicle
fluids, broken asphalt and concrete, wood,
and ' vegetation. Nonrecyclable
materials/wastes shall be taken to an
appropriate landfill. Toxic wastes must be
discarded at a licensed regulated disposal
site
Leaks, drips and spills shall be cleaned up
immediately to prevent contaminated soil
on paved surfaces that can be washed
away into the storm drain.
Where truck traffic is frequent, gravel
Resolution No. 2013-2
Page 6
approaches shall be used to reduce soil
compaction and limit the tracking of
sediment into streets.
All vehicle/equipment maintenance,
repair, and washing shall be conducted
away from storm drains. All major repairs
shall be conducted off -site. Drip pans or
drop cloths shall be used to catch drips
and spills.
The Project applicant shall implement
stormwater BMPs to retain or treat the
runoff from a storm event producing 3/
inch of rainfall in a 24-hour period. The
design of structural BMPs shall be in
accordance with the Development Best
Management Practices Handbook, Part B
- Planning Activities. A signed certificate
from a California licensed civil engineer
or licensed architect that the proposed
BMPs meet this numerical threshold
standard is required.
Post development peak stormwater runoff
discharge rates shall not exceed the
estimated pre -development rate for
developments where the increase peak
storrwater discharge rate will result in
increased potential for downstream
erosion.
Any connection to the sanitary sewer shall
have authorization from the Bureau of
Sanitation.
Materials with the potential to
contaminate stormwater must be: (1)
placed in an enclosure such as, but not
limited to, a cabinet, shed, or similar
structure that prevents contact with runoff
spillage to the stormwater conveyance
system; or (2) protected by secondary
containment structures such as berms,
dikes, or curbs.
Storage areas shall be paved and
sufficiently impervious to contain leaks
and spills.
All storm drain inlets and catch basins
within, and immediately adjacent to the
Project Site, as permitted and approved by
the Department of Public Works, must be
stenciled with prohibitive language (such
as "NO DUMPING — DRAINS TO
OCEAN") and/or graphical icons to
discourage illegal dumping. Legibility of
stencil and signs must be maintained at all
times.
An efficient irrigation system shall be
Resolution No. 2013-2
Page 7
designed to minimize runoff, including:
drip irrigation for shrubs to limit
excessive spray; shutoff devices to
prevent irrigation after significant
precipitation; and flow reducers.
Noise
To the extent feasible,, construction
Building/
Pre -
activities shall be scheduled'so as to avoid
Engineering
construction
operating several pieces of heavy
plan check
equipment simultaneously, which
causes high noise levels.
Field
Observation
The construction staging area shall be
after
located as far as feasible from sensitive
Construction
receptors.
All construction equipment shall be stored
on the project site during the construction
phase to eliminate daily heavy-duty truck
trips on vicinity roadways.
Project construction shall comply with the
requirements of the Building Department
and the Uniform Building Code regarding
interior noise levels.
Noise -generating equipment operated at
the project site shall be equipped with the
most effective noise control devices, i.e.,
mufflers, lagging, and/or motor
enclosures. All equipment shall be
properly maintained to assure that no
additional noise, due to worn or
improperly maintained parts, would be
generated.
The project shall be in compliance with
the West Covina Municipal Code Noise
Ordinance Sections 15-83 through 15-86.
Between the hours of 8:00 PM of one day
and 7:00 AM of the next day, it shall be
unlawful for any person within a
residential zone, or within a radius of 500
feet therefrom, to operate equipment or
perform any outside construction or repair
work on buildings, structures, or projects
or to operate any pile driver, steam shovel,
pneumatic hammer, derrick, steam or
electric hoist, or other construction type
device in such manner as to create any
noise which causes the noise level at the
property line to exceed the ambient noise
level by more than 5 decibels as required
by the West Covina Municipal Code
Section 15-95.
Public Services
The project applicant shall comply with
Fire Department
Pre -
(Fire)
all applicable City codes and regulations
construction
pertaining to fire protection as required by
plan check
the West Covina Fire Department.
Resolution No. 2013-2
Page 8
On -site
construction
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 of 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.
APPROVED AND ADOPTED on this 15th day of January, 2013
ATTEST:
City Clerk Lau ie Carrico
I, 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 15t" day of January 2013 by the following
vote of the City Council:
AYES:
Herfert, Sotelo, Sykes, Sanderson
NOES:
None
ABSENT:
None
ABSTAIN:
None
City Clerk Laurie Carrico
APPROVED AS TO FORM:
4ciAtto�rney Arnold Alvarez-Glasman