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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