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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