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10-18-2011 - General Plan Amendment No. 11-02Zone Change No. 11 - Item 8 Attach 8 (2).docP L A N N I N G C O M M I S S I O N R E S O L U T I O N N O. 11-5440 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 GENERAL PLAN AMENDMENT NO. 11-02, ZONE CHANGE NO. 11-02, PRECISE PLAN NO. 11-05, AND TENTATIVE TRACT MAP NO. 71644 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. _________________________________________________________________________ MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Tom Lao, Charles Company LOCATION: 301 S. Glendora 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 of a five-story mixed use project that includes residential units and commercial space, on that certain property generally described as: Assessor’s Parcel Nos. Assessor Parcel Nos. 8474-010-010, as shown on the latest rolls of the Los Angeles County Tax Assessor; and WHEREAS, the Planning Commission upon giving the required notice did on the 27th day of September, 2011, conduct duly advertised public hearings as prescribed by law to consider said application; 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. NOW, THEREFORE, the Planning Commission 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   Air Quality  The construction contractor shall utilize super-compliant architectural coatings as defined by the SCAQMD (VOC standard of less than ten grams per liter). Water or a stabilizing agent shall be applied to exposed surfaces at least two times per day to prevent generation of dust plumes. The construction contractor shall utilize at least one of the following measures at each vehicle egress from the project site to a paved public road: Install a pad consisting of washed gravel maintained in clean condition to a depth of at least six inches and extending at least 30 feet wide and at least 50 feet long; Pave the surface extending at least 100 feet and at least 20 feet wide; Utilize a wheel shaker/wheel spreading device consisting of raised dividers at least 24 feet long and 10 feet wide to remove bulk material from tires and vehicle undercarriages; or Install a wheel washing system to remove bulk material from tires and vehicle undercarriages. All haul trucks hauling soil, sand, and other loose materials shall be covered (e.g., with tarps or other enclosures that would reduce fugitive dust emissions). Construction activity on unpaved surfaces shall be suspended when wind speed exceed 25 miles per hour (such as instantaneous gusts). Ground cover in disturbed areas shall be replaced as quickly as possible. Appoint a construction relations officer to act as a community liaison concerning on-site construction activity including resolution of issues related to PM10 generation. Apply non-toxic soil stabilizers according to manufacturers’ specifications to all inactive construction areas (previously graded areas inactive for ten days or more). Traffic speeds on all unpaved roads to be reduced to 15 mph or less. Sweep streets at the end of the day if visible soil is carried onto adjacent public paved roads. If feasible, use water sweepers with reclaimed water. Heavy-duty equipment operations shall be suspended during first and second stage smog alerts. Grading activity shall be limited to one acre per day.  Building/ Engineering South Coast Air Quality Management District  Pre-construction plan check On-site construction inspections   Air Quality  The construction contractor shall utilize super-compliant architectural coatings as defined by the SCAQMD (VOC standard of less than ten grams per liter). Water or a stabilizing agent shall be applied to exposed surfaces at least two times per day to prevent generation of dust plumes. The construction contractor shall utilize at least one of the following measures at each vehicle egress from the project site to a paved public road: Install a pad consisting of washed gravel maintained in clean condition to a depth of at least six inches and extending at least 30 feet wide and at least 50 feet long; Pave the surface extending at least 100 feet and at least 20 feet wide; Utilize a wheel shaker/wheel spreading device consisting of raised dividers at least 24 feet long and 10 feet wide to remove bulk material from tires and vehicle undercarriages; or Install a wheel washing system to remove bulk material from tires and vehicle undercarriages. All haul trucks hauling soil, sand, and other loose materials shall be covered (e.g., with tarps or other enclosures that would reduce fugitive dust emissions). Construction activity on unpaved surfaces shall be suspended when wind speed exceed 25 miles per hour (such as instantaneous gusts). Ground cover in disturbed areas shall be replaced as quickly as possible. Appoint a construction relations officer to act as a community liaison concerning on-site construction activity including resolution of issues related to PM10 generation. Apply non-toxic soil stabilizers according to manufacturers’ specifications to all inactive construction areas (previously graded areas inactive for ten days or more). Traffic speeds on all unpaved roads to be reduced to 15 mph or less. Sweep streets at the end of the day if visible soil is carried onto adjacent public paved roads. If feasible, use water sweepers with reclaimed water. Heavy-duty equipment operations shall be suspended during first and second stage smog alerts. Grading activity shall be limited to one acre per day.  Building/ Engineering South Coast Air Quality Management District  Pre-construction plan check On-site construction inspections   Biological Resources  The Applicant shall conduct all construction activities in accordance with the Migratory Bird Treaty Act (MBTA). The removal of trees shall be completed outside of nesting season (August 16 - February 14) to the extent feasible. If tree removal activities must occur during the nesting season (February 15-August 15), a qualified biological monitor shall be present during the removal activities to ensure that no active nests would be impacted. If active nests are found, a 200-foot buffer radius (500 feet for raptors) shall be established until the fledglings have left the nest. The Applicant shall bear all costs of implementing this mitigation measure.  Fish and Wildlife service  Pre-construction plan check On-site construction inspection   Cultural Resources  In the event that subsurface resources are encountered during the course of grading and/or excavation, all development shall temporarily cease in these areas until the City of West Covina Planning Department is contacted and agrees upon a qualified archaeologist/paleontologist to be brought onto the project site to properly assess the resources and make recommendations for their disposition. In the event that human remains are discovered, there shall be no disposition of such human remains, other than in accordance with the procedures and requirements set forth in California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98. These code provisions require notification of the County Coroner and the Native American Heritage Commission, who in turn must notify those persons believed to be most likely descended from the deceased Native American for appropriate disposition of the remains. The Applicant shall bear all costs associated with implementing this mitigation measure.  Planning Department, Building Division  On-site construction inspection   Geology and Soils  The design and construction of the proposed project shall conform to all applicable City, State, and local building regulations, including the California Building Code (CBC) seismic standards as approved by the West Covina Department of Building Safety. Excavation and grading activities should be scheduled during dry weather periods as feasible. If grading occurs during the rainy season (October 15 through April 1), construct diversion dikes to channel runoff around the site and line the channels with grass or roughened pavement to reduce runoff velocity. Implementation of appropriate erosion control and drainage devices to the satisfaction of the Building and Safety Department shall be incorporated such as: sand bags at inlet and outlet structures. These drainage devices and soil control methods would help shield and bind the soil. The Applicant shall design and implement the proposed project in compliance with all applicable water quality regulations, including the preparation and implementation of a Standard Urban Stormwater Management Plan (SUSMP) in accordance with Los Angeles Regional Water Quality Control Board (LARWQCB) regulations and a Stormwater Pollution Prevention Plan (SWPPP) in accordance with National Pollutant Discharge Elimination System (NPDES) regulations. The SUSMP and SWPPP shall contain short- and long-term best management practices (BMPs) to reduce the potential for contaminants, including sediment, form entering stormwater flows.  Building/ Engineering  Pre-construction plan check On-site construction inspection   Geology and Soils  The design and construction of the proposed project shall conform to all applicable City, State, and local building regulations, including the California Building Code (CBC) seismic standards as approved by the West Covina Department of Building Safety. Excavation and grading activities should be scheduled during dry weather periods as feasible. If grading occurs during the rainy season (October 15 through April 1), construct diversion dikes to channel runoff around the site and line the channels with grass or roughened pavement to reduce runoff velocity. Implementation of appropriate erosion control and drainage devices to the satisfaction of the Building and Safety Department shall be incorporated such as: sand bags at inlet and outlet structures. These drainage devices and soil control methods would help shield and bind the soil. The Applicant shall design and implement the proposed project in compliance with all applicable water quality regulations, including the preparation and implementation of a Standard Urban Stormwater Management Plan (SUSMP) in accordance with Los Angeles Regional Water Quality Control Board (LARWQCB) regulations and a Stormwater Pollution Prevention Plan (SWPPP) in accordance with National Pollutant Discharge Elimination System (NPDES) regulations. The SUSMP and SWPPP shall contain short- and long-term best management practices (BMPs) to reduce the potential for contaminants, including sediment, form entering stormwater flows.  Building/ Engineering  Pre-construction plan check On-site construction inspection   Hazards and Hazardous Materials  Asbestos and lead-based paint surveys shall be conducted on the building to be demolished prior to the start of construction. In the event that asbestos and lead-based paint are detected, they shall be abated in accordance with all applicable rules and regulations. Abatement activities shall be completed to the satisfaction of the appropriate regulatory agency(ies) prior to issuance of demolition permits for the proposed project. Abatement of asbestos shall be conducted in accordance with SCAQMD Rule 1403, Asbestos Emissions from Demolition/Renovation Activities.  Building Division Fire Department  Pre-construction plan check On-site construction inspection Approval of Closure report by the Fire Department   Hazards and Hazardous Materials  Asbestos and lead-based paint surveys shall be conducted on the building to be demolished prior to the start of construction. In the event that asbestos and lead-based paint are detected, they shall be abated in accordance with all applicable rules and regulations. Abatement activities shall be completed to the satisfaction of the appropriate regulatory agency(ies) prior to issuance of demolition permits for the proposed project. Abatement of asbestos shall be conducted in accordance with SCAQMD Rule 1403, Asbestos Emissions from Demolition/Renovation Activities.  Building Division Fire Department  Pre-construction plan check On-site construction inspection Approval of Closure report by the Fire Department   Hydrology and Water Quality  Appropriate erosion control and drainage devices shall be incorporated to the satisfaction of the Building and Safety 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 dumpster 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. The Applicant shall implement stormwater BMPs to retain or treat runoff from a storm event producing ¾ inch of rainfall in a 24-hour period. The design of structural BMPs shall be in accordance with the Development Best Management Practices Handbook, Part B – Planning Activities. A signed certificate from a California Licensed civil engineer or licensed architect the proposed BMPs meet this numerical threshold standard is required. Post development peak stormwater runoff discharge rates shall not exceed the estimated predevelopment rate for developments where the increase peak stormwater discharge rate will result in increased potential for downstream erosion. All storm drain inlets and catch basins within, and immediately adjacent to the Project Site, as permitted and approved by the Department of Public Works, must be stenciled with prohibitive language (such as “NO DUMPING – DRAINS TO OCENAN”) and/or graphical icons to discourage illegal dumping. Legibility of stencil and signs must be maintained at all times. Materials with the potential to contaminate stormwater must be: (1) placed in an enclosure such as, but not limited to, a cabinet, shed, or similar structure that prevents contact with runoff spillage to the stormwater conveyance system; or (2) protected by secondary containment structures such as berms, dikes, or curbs. Storage areas shall be paved and sufficiently impervious to contain leaks and spills. An efficient irrigation system shall be designed to minimize runoff, including: drip irrigation for shrubs to limit excessive spray; shutoff devices to prevent irrigation after significant precipitation; and flow reducers.  Building/ Engineering  On-site construction inspection   Hydrology and Water Quality  Appropriate erosion control and drainage devices shall be incorporated to the satisfaction of the Building and Safety 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 dumpster 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. The Applicant shall implement stormwater BMPs to retain or treat runoff from a storm event producing ¾ inch of rainfall in a 24-hour period. The design of structural BMPs shall be in accordance with the Development Best Management Practices Handbook, Part B – Planning Activities. A signed certificate from a California Licensed civil engineer or licensed architect the proposed BMPs meet this numerical threshold standard is required. Post development peak stormwater runoff discharge rates shall not exceed the estimated predevelopment rate for developments where the increase peak stormwater discharge rate will result in increased potential for downstream erosion. All storm drain inlets and catch basins within, and immediately adjacent to the Project Site, as permitted and approved by the Department of Public Works, must be stenciled with prohibitive language (such as “NO DUMPING – DRAINS TO OCENAN”) and/or graphical icons to discourage illegal dumping. Legibility of stencil and signs must be maintained at all times. Materials with the potential to contaminate stormwater must be: (1) placed in an enclosure such as, but not limited to, a cabinet, shed, or similar structure that prevents contact with runoff spillage to the stormwater conveyance system; or (2) protected by secondary containment structures such as berms, dikes, or curbs. Storage areas shall be paved and sufficiently impervious to contain leaks and spills. An efficient irrigation system shall be designed to minimize runoff, including: drip irrigation for shrubs to limit excessive spray; shutoff devices to prevent irrigation after significant precipitation; and flow reducers.  Building/ Engineering  On-site construction inspection   Noise  Pile driving activities shall be prohibited on the project site. All construction equipment engines shall be properly tuned and muffled according to manufacturers’ specifications. The proposed project contractor shall use power construction equipment with state of-the-art noise shielding and muffling devices to minimize impacts to nearby businesses. Construction and demolition activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously, which causes high noise levels. Examples include the use of drills and jackhammers simultaneously. The Applicant shall inform the Edwards West Covina Stadium 18 movie theater of construction activity and provide a contact person for noise complaints. If construction noise interferes with theater activities, control measures shall be implemented to reduce construction noise (e.g., equipment mufflers and sound walls).  Building/ Engineering  Pre-construction plan check Field Observation after Construction   Utilities and Service Systems  The Applicant shall submit plans for approval by the City and the County Sanitation district, and post bonds to remove, replace and upgrade the sewer lines serving the building prior to obtaining a building permit. The sewer locations to be upgraded include Plaza Drive, Vincent Avenue from Plaza Drive to West Covina Pkwy, West Covina Parkway from Vincent Avenue to Sunset Avenue. The sewer replacements shall include all required sewer work, detours during construction and paving of full lanes and or to the centerline on affected streets. As an alternative the developer can submit a sewer report for the approval by Public Works to lessen or eliminate all or portions of this work.  Building/ Engineering  Pre-construction plan check   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. 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. I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning Commission of the City of West Covina, at a regular meeting held on the 27th day of September, 2011, by the following vote: AYES: Sotelo, Redholtz, Stewart, Carrico NOES: ABSENT: Holtz ABSTAIN: DATE: September 27, 2011 ________________________________ Alan Carrico, Chairman Planning Commission ________________________________ Jeff Anderson, Secretary Planning Commission