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Resolution - 2017-42RESOLUTION NO. 2017-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR TENTATIVE PARCEL MAP NO. 72097, VARIANCE NO. 13-05, AND SUBCOMMITTEE FOR DESIGN REVIEW NO. 17-09 ON APPEAL OF PLANNING COMMISSION ACTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Peter Young LOCATION: 3501 E. Cameron Avenue (APN 8277-047-005) WHEREAS, there was filed with this City a verified application on the forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code, requesting the approval of a tentative parcel map and variance to subdivide a 44,504-square foot site into two single-family lots on that certain property described as: Assessor's Parcel No. 8277-047-005, in the records of the Los Angeles County 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. ZAResolutions120171Neg Dec Reso.Final.doe Resolution No. 2017-42 Mitigated Negative Declaration June 20, 2017— Page 2 WHEREAS, the Planning Commission did on the 28 th day of February, 2017, conduct a duly advertised public hearing to consider the subject application, at which time the Planning Commission adopted Resolution Nos. 17-5847, 17-5848 and 17-5849 approving the tentative parcel map, the mitigated negative declaration and the variance; and WHEREAS, on March 9, 2017 an appeal of the Planning Commission action was filed by P.K. Schrieffer LLP; and WHEREAS, the City Council, upon giving the required notice, did on the 20 t1 day of June, 2017 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: 1. 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: Environmental Impacts Mitigation Measures Monitoring Dept./Agency Monitoring Methods Cultural Prior to excavation and construction of the Planning During Resources project site, the prime construction contractor(s) shall be cautioned on the legal and/or regulatory implications of knowingly destroying cultural resources or removing artifacts, human remains, bottles and other cultural materials from the project site. A signed statement of understanding shall be provided to the Department Construction Activities City Planning Director prior to issuance of grading permits. The applicant shall bear the cost of implementing this mitigation. If potential archaeological materials are uncovered during grading or other earth moving activities, the contractor shall be required to halt work in the immediate area of the find and to retain a Resolution No. 2017-42 Mitigated Negative Declaration June 20, 2017 — Page 3 professional archaeologist to examine the materials to deteimine whether it is a unique archaeological resource as defined in Section 21083.2(g) of the State CEQA Statutes. If this determination is positive, the resource shall be left in place, if determined feasible by the project archaeologist. Otherwise, the scientifically consequential information shall be fully recovered by the archaeologist. Work may continue outside of the area of the find; however, no further work shall occur in the immediate location of the find until all information recovery has been completed and a report concerning it filed with the City Planning Director. The applicant shall bear the cost of implementing this mitigation. If paleontological materials are uncovered during grading or other earth moving activities, the contractor shall be required to halt work in the immediate area of the find, and to retain a professional paleontologist to examine the materials to deteimine whether it is a significant paleontological resource. If this determination is positive, resource shall be left in place, if determined feasible by the project paleontologist. Otherwise, the scientifically consequential infoimation shall be fully recovered by the paleontologist. Work may continue outside of the area of the find; however, no further work shall occur in the immediate location of the find until all information recovery has been completed and a report concerning it filed with the Planning Director. The applicant shall bear the cost of implementing this mitigation. If suspected human remains are encountered during grading or other earth Resolution No. 2017-42 Mitigated Negative Declaration June 20, 2017 Page 4 moving activities, the contractor shall be required to halt work in the immediate area of the find and to notify the County Coroner, in accordance with Section 7050.5 of the California Health and Safety Code, who must then determine whether the remains are of forensic interest. If the Coroner, with the aid of a supervising archaeologist, determines that the remains are or appear to be of a Native American, he/she shall contact the Native American Heritage Commission for further investigations and proper recovery of such remains, if necessary. The applicant shall bear the cost of implementing this mitigation. Hazards and Prior to commencement of demolition Building Prior to Hazardous Materials activities, the existing on-site structures shall be surveyed for the presence of asbestos containing materials (ACM) by a contractor registered with Asbestos Division Demolition Contractors' Registration Unit, as required by State law. Should ACM be detected, appropriate abatement measures pursuant to South Coast Air Quality Management District Rule 1403 shall commence by a registered contractor at the expense of the project proponent. Documentation certifying that ACM have been removed to satisfactory levels as required by State law shall be delivered to the Building Division prior to demolition of existing structures onsite. The applicant shall bear the cost of implementing this mitigation. , Prior to commencement of demolition activities, the existing on-site structures shall be surveyed for the presence of lead. If lead exists in levels determined to be hazardous, such materials shall be removed by an abatement contractor prior to demolition of the buildings. Demolition debris and waste categorized as hazardous waste shall be handled, transported, and disposed of in accordance with applicable Resolution No. 2017-42 Mitigated Negative Declaration June 20, 2017 —Page 5 federal, state, and local laws and rules to ensure that potential impacts to health and the environment are minimized. Specifically, employees who perform trigger tasks, such as manual demolition, are required to receive employer provided training, air monitoring, protective clothing, respirators, and hand washing facilities. Standard work practices required by CCR Title 17, Division I, Chapter 8 also include the use of wet methods and FIEPA vacuums. Documentation verifying appropriate disposal of hazardous wastes shall be provided to the City Planning Director prior to issuance of building permits. The applicant shall bear the cost of implementing this mitigation. Hydrology and Appropriate erosion control and drainage Engineering Project Water Quality devices shall be incorporated to the satisfaction of the Building and Safety Division Operation Division, such as interceptor terraces, vee-. channels, and inlet and outlet structures, as specified by Section 91.7013 of the Building Code. Leaks, drips and spills shall be cleaned up immediately to prevent contaminated soil on paved surfaces that can be washed away into the storm drains. Dumpsters shall be covered and maintained. Uncovered dumpsters shall be placed under a roof or cover with tarps or plastic sheeting. 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. Resolution No. 2017-42 Mitigated Negative Declaration June 20, 2017 — Page 6 PASSED, APPROVED, AND ADOPTED this 20th day of June, 2017. to„etacckti APPROVED AS TO FORM: Corey Warthaw Mayor ATTEST: City Clerk I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof on the 20 th day of June, 2017 by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Johnson, Spence, Toma, Warshaw None None Wu