Resolution - 2013-74RESOLUTION NO.2013-74
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
WEST COVINA, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL CERTIFICATION OF THE MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR CITY COUNCIL
APPROVAL ZONE CHANGE NO. 13-03 TENTATIVE TRACT MAP NO.
72320 AND TREE REMOVAL PERMIT NO. 13-05 PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS
AMENDED
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: Jay Deckard and Phil Becerra, Warmington Residential
LOCATION: 502 and 520 S. Lark Ellen
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, a tentative tract map, and tree removal permit to allow the development of a 45-unit
residential development on certain properties generally described as:
. Assessor Parcel No. 8486-002-008 and 8486-002-009 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 22nd
day of October, 2013 conduct a duly advertised public hearing to consider the subject
application, at which time the Planning commission adopted Resolution No. 13-5535
recommending approval to the City Council; and
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 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 set forth in Exhibit A.
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.
Resolution No. 2013-74
Page 2
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 17th day of December, 2013.
ATTEST:
City Clerk Mckolas 9. Lewis
I, NICKOLAS S. LEWIS, 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 17th day of December, 2013 by the
following vote of the City Council:
AYES: Spence, Sykes, Toma, Herfert
NOES: Warshaw
ABSENT: None
ABSTAIN: None
APPROVED AS TO FORM:
City AltornVyWnold Alvarez-Glasman
V
City Clerk Nickolas S. Lewis