Resolution - 2014-28RESOLUTION NO.2014-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA APPROVING THE MITIGATED NEGATIVE DECLARATION
OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT
NO. 13-04, EAST HILLS MASTER PLAN AMENDMENT NO. 13, ZONE
CHANGE NO. 13-04, PRECISE PLAN NO. 13-07, TENTATIVE TRACT
MAP NO. 72579 AND TREE REMOVAL PERMIT NO. 13-09 PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS
AMENDED
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: Brandywine Homes and the Irvine Asset Group (Brett Whitehead)
LOCATION: 3228, 3238 and 3244 Holt 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 to change the
General Plan and East Hills Master Plan land use designation and change of zone to construct a
48-unit multiple -family residential project, on those certain properties generally described as:
Assessor's Parcel Number 8480-002-051, 8400-002-052 and 8400-002-053
in the records of the Los Angeles County Assessor; and
WHEREAS, as the Lead Agency, the City of West Covina is responsible for
implementing a CEQA review of the proposed Project, and to this end, an Initial Study and
Proposed Mitigated Negative Declaration have been prepared pursuant to the California
Environmental Quality Act (CEQA) and Public Resources Code Section 21000 et seq., and
WHEREAS, the CEQA process is intended to inform the public of the potential
environmental effects of government decision and to encourage informed decision -making by
public agencies, and CEQA requires state and local agencies to identify the significant
environmental effects of their actions, and to avoid or mitigate those impacts, if feasible; and
WHEREAS, pursuant to State Law, the City circulated the Proposed Mitigated Negative
Declaration and Initial Study for public review through the State Clearinghouse and through
direct mailing to agencies and interested parties, properly noticed the Intent to Adopt a Mitigated
Negative Declaration in the San Gabriel Valley Tribune newspaper of general circulation in the
area, posted at the Los Angeles County Clerk's Office, and made copies of these documents
available at specified locations and on the City's website; and
WHEREAS, a 30 day public review period for the Proposed Mitigated Negative
Declaration commenced on March 31, 2014 and ended on April 29, 2014, and all interested
individuals and public agencies were encouraged to submit written comments regarding the
information and determinations in these documents; 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 Mitigated Negative Declaration
in support of the finding that there will not be a significant effect on the environment as a result
of this project; and
WHEREAS, the Planning Commission upon giving the required notice did on the 13"'
day of May, 2014, conduct a duly advertised public hearing as prescribed by law to consider said
application and did give all persons interested therein an opportunity to be heard; and
WHEREAS, in order to allow the applicant additional time to address the concerns raised
by the residents in the vicinity of the project, at its regular meeting held on the 13"' day of May,
Resolution No. 2014-28
Page 2
2014 the Planning Commission voted to continue the public hearing to their regularly scheduled
meeting for May 27, 2014, and
WHEREAS, the Planning Commission upon continuation of the public hearing did on the
27'' day of May, 2014, conduct a duly advertised public hearing to consider the subject application,
at which time the Planning Commission adopted Resolution No. 14-5612 recommending approval
of the Mitigated Negative Declaration; and
WHEREAS, the City Council, upon giving the required notice, did on the 171' day of June,
2014 conduct a+ duly advertised public hearing as prescribed by law, and considered evidence
presented by the Planning Commission, Planning Department, State of California Department of
Fish and Wildlife, and other interested parties.
NOW, THEREFORE, the City Council of the City of West Covina does hereby resolve
as follows:
SECTION 1. The above recitals are true and correct, which are incorporated herein.
SECTION 2. In accordance with the CEQA Guidelines, an Initial Study was prepared to
determine whether the project may have a significant effect on the environment. On the basis of
the Initial Study prepared for the Project, it has been determined that the Project may have a
potential significant effect on the environment which, however, will be mitigated to a level that
is less than significant and therefore, a Mitigated Negative Declaration has been prepared and
reviewed by the Planning Commission as part of this application. The Mitigated Negative
Declaration was circulated for a period of not less than 30 days pursuant to CEQA Guideline §
15105(b). The City Council here adopts the Mitigated Negative Declaration (referred as
Attachment 15 of the staff report) as adequate to assess the environmental impacts of the project,
based on the findings contained herein and finds, on the basis of the whole record, that there is
no substantial evidence that the project will have a significant effect on the environment and that
the approval of the Mitigated Negative Declaration reflects the City of West Covina City
Council's independent judgment and analysis. The City Council here adopts the Mitigation
Monitoring and Reporting Program (attached hereto as Exhibit A). The full record is available
for review in the Community Development Department.
SECTION 3. 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.
SECTION 4. The applicant agrees to implement the aforementioned mitigation measures
and monitoring or reporting requirements.
SECTION 5. Failure to comply with the 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, port -construction activity or project implementation must cease until compliance is
reached.
SECTION 6. 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.
SECTION 7. The City Clerk shall certify as to the passage of this Resolution, which
shall go into effect immediately upon its adoption.
Resolution No. 2014-28
Page 3
APPROVED AND ADOPTED on this 17th day of June 2014.
ATTEST:
ity Clerk Nickolas S. 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 171h day of June 2014 by the
following vote of the City Council:
AYES:
_Sy_kes, Toma, Warshaw`
NOES:
Herfert
ABSENT:
Spence
ABSTAIN:
None
City Clerk Nick las S. Lewis
APPROVED AS TO FORM:
C' Attorney Arnold Alvarez-Glasman