01-18-2011 - General Plan Amendment No. 10-01Zone Change No. 10 - Item 12 attach 1 (2).doc
R E S O L U T I O N N O.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO. 10-01,
ZONE CHANGE NO. 10-01, PRECISE PLAN NO. 10-02, AND CONDITIONAL USE PERMIT NO. 10-02, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED.
_________________________________________________________________________
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: Ahmad Ghaderi - Ashdon Development
LOCATION: Northeast Corner of Azusa Avenue and Giambi Way
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 precise plan
to construct a auto service station facility including a car wash, convenience store, food service, a drive-through window, and office space. A conditional use permit is proposed for
the operation of a service station, with accessory uses, on that certain property generally described as:
Assessor’s Parcel Nos. Assessor Parcel Nos. 8735-001-912, 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 BKK Class III Landfill Closure, Postclosure Development Environmental Impact Report (State Clearinghouse No. 98061114) was certified in 2000, and the Big League Dreams
City Park, Sports Complex and Commercial Retail Center Supplemental Environmental Impact Report was certified in 2003. Mitigation measures, adopted as part of that EIR and SEIR, also
apply to the proposed project.
WHEREAS, the Planning Commission, upon giving the required notice, did on the 24th day of August, 2010 conduct a duly advertised public hearing as prescribed by law; and
WHEREAS, the City Council did, on the 18th day of January, 2011, conduct a duly advertised public hearing as prescribed by law to consider said environmental documents, and considered
evidence presented by the Planning Commission, Planning Department and other interested parties.
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 Planning Commission of the City of West
Covina hereby recommends to the City Council certification of 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
Biological Resources
Construction of the proposed project shall begin prior to or after the nesting season (end of February through August) to prevent any loss of individuals, nests or young that move onto
the site between the time of the last nesting survey and construction. If construction cannot be delayed until after the nesting season, within 15 days of site clearing, a qualified
biologist shall conduct a preconstruction, breeding bird survey. The biologist must be qualified to determine the status and stage of nesting by breeding birds without causing intrusive
disturbance. This survey shall include species protected under the Migratory Bird Treaty Act. The survey shall cover all reasonably potential nesting locations on or closely adjacent
to the project site. If an active nest is confirmed by the biologist, no construction activities shall occur within at least 300 feet of the nesting site until the end of the breeding
season when the nest has failed or the young have fledged. CDFG will be notified of the identification of active nests and will be consulted regarding resumption of construction activities.
If feasible, coastal sage scrub vegetation will be removed prior to February 1 or after September 1 to eliminate potential bird nesting sites in the proposed disturbance zone and to
avoid direct impacts on breeding birds and bird nests, including the coastal California gnatcatcher.
U.S. Fish and Wildlife service
California Department of Fish and Game
Planning Department
Pre-construction plan check
On-site construction inspection
Cultural Resources
Cease Work if Subsurface Cultural Resources are Discovered During Ground-Disturbing Activities. If a cultural resource is encountered, all activity in the vicinity of the find shall
cease until it can be evaluated by a qualified archaeologist, defined as one meeting the Secretary of the Interior’s Professional Qualification Standards for archaeology. If the find
is determined to be potentially significant, the archaeologist, in consultation with the lead agency and appropriate Native American group(s) (if the find is a prehistoric or Native
American resource), shall develop a treatment plan. All work in the immediate vicinity of the unanticipated discovery shall cease until the qualified archaeologist has evaluated the
discovery, or the treatment plan has been implemented.
Prior to the issuance of grading permits a qualified paleontologist shall be retained and approved by the lead agency to monitor all ground-disturbing activity. The duration and timing
of monitoring shall be determined by the qualified paleontologist in consultation with the lead agency and based on the grading plans. Initially, all ground-disturbing activities shall
be monitored. However, if, during the course of monitoring, the paleontologist can demonstrate that the level of monitoring should be reduced, the paleontologist, in consultation with
the lead agency, may adjust the level of monitoring to circumstances as warranted.
If a potentially significant fossil is found, the paleontologist shall be allowed to temporarily divert or redirect grading and excavation activities in the area of the exposed fossil
to facilitate evaluation and, if necessary, salvage. Any fossils encountered and recovered shall be catalogued and donated to a public, non-profit institution with a research interest
in the materials, such as the Natural History Museum of Los Angeles County. Accompanying notes, maps, and photographs shall also be filed at the repository.
Following the completion of the above tasks, the paleontologist shall prepare a report documenting the absence or discovery of fossil resources on-site. If fossils are found, the report
shall summarize the results of the inspection program, identify those fossils encountered, recovery and curation efforts, and the methods used in these efforts, as well as describe
the fossils collected and their significance. A copy of the report shall be provided to the County and to the Natural History Museum of Los Angeles County.
Halt Work if Human Skeletal Remains are Identified During Construction. If human remains are encountered during construction excavation and grading activities, State Health and Safety
Code Section 7050.5 requires that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98.
If the remains are determined to be of Native American descent, the coroner has 24 hours to notify the Native American Heritage Commission. The NAHC will then identify the person(s)
thought to be the Most Likely Descendent of the deceased Native American, who will then help determine what course of action should be taken in dealing with the remains. Per PRC section
5097.98, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains
are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this section (PRC 5097.98), with the most
likely descendents regarding their recommendations, if applicable, taking into account the possibility of multiple human remains.
Planning Department, Building Division
On-site construction inspection
Standards for archaeology. If the find is determined to be potentially significant, the archaeologist, in consultation with the lead agency and appropriate Native American group(s) (if
the find is a prehistoric or Native American resource), shall develop a treatment plan. All work in the immediate vicinity of the unanticipated discovery shall cease until the qualified
archaeologist has evaluated the discovery, or the treatment plan has been implemented.
Prior to the issuance of grading permits a qualified paleontologist shall be retained and approved by the lead agency to monitor all ground-disturbing activity. The duration and timing
of monitoring shall be determined by the qualified paleontologist in consultation with the lead agency and based on the grading plans. Initially, all ground-disturbing activities shall
be monitored. However, if, during the course of monitoring, the paleontologist can demonstrate that the level of monitoring should be reduced, the paleontologist, in consultation with
the lead agency, may adjust the level of monitoring to circumstances as warranted.
If a potentially significant fossil is found, the paleontologist shall be allowed to temporarily divert or redirect grading and excavation activities in the area of the exposed fossil
to facilitate evaluation and, if necessary, salvage. Any fossils encountered and recovered shall be catalogued and donated to a public, non-profit institution with a research interest
in the materials, such as the Natural History Museum of Los Angeles County. Accompanying notes, maps, and photographs shall also be filed at the repository.
Following the completion of the above tasks, the paleontologist shall prepare a report documenting the absence or discovery of fossil resources on-site. If fossils are found, the report
shall summarize the results of the inspection program, identify those fossils encountered, recovery and curation efforts, and the methods used in these efforts, as well as describe
the fossils collected and their significance. A copy of the report shall be provided to the County and to the Natural History Museum of Los Angeles County.
Cultural Resources
Cease Work if Subsurface Cultural Resources are Discovered During Ground-Disturbing Activities. If a cultural resource is encountered, all activity in the vicinity of the find shall
cease until it can be evaluated by a qualified archaeologist, defined as one meeting the Secretary of the Interior’s Professional Qualification Standards for archaeology. If the find
is determined to be potentially significant, the archaeologist, in consultation with the lead agency and appropriate Native American group(s) (if the find is a prehistoric or Native
American resource), shall develop a treatment plan. All work in the immediate vicinity of the unanticipated discovery shall cease until the qualified archaeologist has evaluated the
discovery, or the treatment plan has been implemented.
Prior to the issuance of grading permits a qualified paleontologist shall be retained and approved by the lead agency to monitor all ground-disturbing activity. The duration and timing
of monitoring shall be determined by the qualified paleontologist in consultation with the lead agency and based on the grading plans. Initially, all ground-disturbing activities shall
be monitored. However, if, during the course of monitoring, the paleontologist can demonstrate that the level of monitoring should be reduced, the paleontologist, in consultation with
the lead agency, may adjust the level of monitoring to circumstances as warranted.
If a potentially significant fossil is found, the paleontologist shall be allowed to temporarily divert or redirect grading and excavation activities in the area of the exposed fossil
to facilitate evaluation and, if necessary, salvage. Any fossils encountered and recovered shall be catalogued and donated to a public, non-profit institution with a research interest
in the materials, such as the Natural History Museum of Los Angeles County. Accompanying notes, maps, and photographs shall also be filed at the repository.
Following the completion of the above tasks, the paleontologist shall prepare a report documenting the absence or discovery of fossil resources on-site. If fossils are found, the report
shall summarize the results of the inspection program, identify those fossils encountered, recovery and curation efforts, and the methods used in these efforts, as well as describe
the fossils collected and their significance. A copy of the report shall be provided to the County and to the Natural History Museum of Los Angeles County.
Halt Work if Human Skeletal Remains are Identified During Construction. If human remains are encountered during construction excavation and grading activities, State Health and Safety
Code Section 7050.5 requires that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98.
If the remains are determined to be of Native American descent, the coroner has 24 hours to notify the Native American Heritage Commission. The NAHC will then identify the person(s)
thought to be the Most Likely Descendent of the deceased Native American, who will then help determine what course of action should be taken in dealing with the remains. Per PRC section
5097.98, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains
are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this section (PRC 5097.98), with the most
likely descendents regarding their recommendations, if applicable, taking into account the possibility of multiple human remains.
Planning Department, Building Division
On-site construction inspection
Geology, Soils and Seismicity
The project applicant shall implement the following measure:
The project applicant shall conduct a project specific geotechnical investigation and incorporate into project design relevant specifications from the previous geotechnical investigation
for the BKK Landfill closure as well as new specifications resulting from the project specific investigation. These engineering recommendations shall address foundations, trench backfill,
earthwork and related structural considerations for construction of the underground storage tanks, aboveground structures, and support structures.
The project applicant shall implement the following measure in addition to Mitigation Measure GEO-1:
The project specific geotechnical investigation, as required in Mitigation Measure GEO-1, shall include specific recommendations for the construction of the proposed retaining walls.
These recommendations will take into account potential liquefaction that may occur on the hillside of the adjacent, former BKK Landfill. The project design shall incorporate specifications
that shall prevent damage to the project area as a result of the hazard.
Building/
Engineering
Pre-construction plan check
On-site construction inspection
Geology, Soils and Seismicity
The project applicant shall implement the following measure:
The project applicant shall conduct a project specific geotechnical investigation and incorporate into project design relevant specifications from the previous geotechnical investigation
for the BKK Landfill closure as well as new specifications resulting from the project specific investigation. These engineering recommendations shall address foundations, trench backfill,
earthwork and related structural considerations for construction of the underground storage tanks, aboveground structures, and support structures.
The project applicant shall implement the following measure in addition to Mitigation Measure GEO-1:
The project specific geotechnical investigation, as required in Mitigation Measure GEO-1, shall include specific recommendations for the construction of the proposed retaining walls.
These recommendations will take into account potential liquefaction that may occur on the hillside of the adjacent, former BKK Landfill. The project design shall incorporate specifications
that shall prevent damage to the project area as a result of the hazard.
Building/
Engineering
Pre-construction plan check
On-site construction inspection
Hazards and Hazardous Materials
The project applicant shall prepare a project-specific Health and Safety Plan (HSP) in accordance with 29 CFR 1910 to protect construction workers and the public during all excavation,
grading, and construction services. The HSP shall identify the following, but not be limited to:
A summary of all potential risks to construction workers and maximum exposure limits for all known and reasonably foreseeable site chemicals;
Specified personal protective equipment and decontamination procedures, if needed;
Safety procedures to be followed in the event suspected hazardous materials are encountered;
Emergency procedures, including route to the nearest hospital; and
The identification of a site health and safety officer and responsibilities of the site health and safety officer.
The contractor shall implement construction best management practices (BMPs) for handling hazardous materials on-site. The use of construction BMPs shall minimize potential negative
effects, and shall include, without limitation, the following:
Follow manufacturers’ recommendations and regulatory requirements for use, storage, and disposal of hazardous materials and petroleum products used in construction;
Avoid overtopping construction equipment fuel tanks;
Properly contain and dispose of grease and oils used for routine maintenance of construction equipment; and
Properly dispose of discarded containers of fuels and other chemicals.
Building Division
Fire Department
Pre-construction plan check
On-site construction inspection
Approval of Closure report by the Fire Department
Hazards and Hazardous Materials
The project applicant shall prepare a project-specific Health and Safety Plan (HSP) in accordance with 29 CFR 1910 to protect construction workers and the public during all excavation,
grading, and construction services. The HSP shall identify the following, but not be limited to:
A summary of all potential risks to construction workers and maximum exposure limits for all known and reasonably foreseeable site chemicals;
Specified personal protective equipment and decontamination procedures, if needed;
Safety procedures to be followed in the event suspected hazardous materials are encountered;
Emergency procedures, including route to the nearest hospital; and
The identification of a site health and safety officer and responsibilities of the site health and safety officer.
The contractor shall implement construction best management practices (BMPs) for handling hazardous materials on-site. The use of construction BMPs shall minimize potential negative
effects, and shall include, without limitation, the following:
Follow manufacturers’ recommendations and regulatory requirements for use, storage, and disposal of hazardous materials and petroleum products used in construction;
Avoid overtopping construction equipment fuel tanks;
Properly contain and dispose of grease and oils used for routine maintenance of construction equipment; and
Properly dispose of discarded containers of fuels and other chemicals.
Building Division
Fire Department
Pre-construction plan check
On-site construction inspection
Approval of Closure report by the Fire Department
Hydrology and Water Quality
The project applicant and its contractors shall comply with the NPDES permit requirements established by the RWQCB for dewatering activities, if required, as follows:
The RWQCB could require compliance with certain provisions in the permit such as treatment of the flows prior to discharge. The groundwater removed by dewatering would either be discharged
to the sanitary sewer or storm drain system with authorization of and required permits from the applicable regulatory agencies or collected, tested, treated if necessary, and discharged
to a local drainage with authorization from the RWQCB; and
The project sponsor and its contractors shall comply with applicable permit conditions associated with the treatment of groundwater prior to discharge.
The project applicant shall implement the following measure:
The project applicant shall conduct a project-specific drainage study to determine required storm drainage capacities for the project sites. Recommendations and specifications of the
drainage study shall be incorporated in the final project design.
Building/
Engineering
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 on 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.
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.
The City Clerk shall certify as to the passage of this Resolution.
PASSED AND APPROVED on this 18th day of January, 2011.
ATTEST:
Mayor
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, Laurie Carrico, City Clerk of the City of West Covina, 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 thereof held on the 18th day of January, 2011.
AYES:
NOES:
ABSENT:
ABSTAIN:
DATE: January 18, 2011