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01-10-2012 - General Plan Amendment No. 11-01Zone Change No. 11 - No 2 attach 2 (2).docR E S O L U T I O N N O. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO. 11-01, ZONE CHANGE NO. 11-01, PRECISE PLAN NO. 11-02, TREE REMOVAL PERMIT NO. 11-04, VARIANCE NO. 11-08 AND TENTATIVE TRACT MAP NO. 71595 AND PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. _________________________________________________________________________ MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Eric Chen, Creative Design Associates, Inc LOCATION: 1607 West Covina Parkway (Southeast corner of West Covina Parkway and West Garvey Avenue South - Civic Center) 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 General Plan amendment, zone change, precise plan, tree removal permit, variance and tentative tract map to facilitate the development of a four-story 55,680-square foot medical office on that certain property generally described as: Assessor’s Parcel Number 8474-001-906 as listed in the records of the office 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 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 November, conduct duly advertised public hearings as prescribed by law to consider said application and at which time the Planning Commission denied the application; and WHEREAS, on December 1, 2011, an appeal of the Planning Commission action was filed by Peichin Lee, CGM Development, Inc; and WHEREAS, the City Council did, on the 10th day of January, 2012, conduct a duly advertised public hearing as prescribed by law, 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: SECTION NO. 1: The above recitals are true and correct. SECTION NO. 2: 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 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  Prior to issuance of building permits, the City Building Official shall verify that construction plans submitted by the project proponent reflect use of architectural coatings that include the following: The content of volatile organic compounds (VOC) in proposed architectural coatings shall not exceed 50 g/l for interior applications. The content of volatile organic compounds (VOC) in proposed architectural coatings shall not exceed 100 g/l for exterior applications. This measure shall be verified through standard building inspections in light of the performance standard that emissions of volatile organic compounds from application of interior or exterior coatings shall not exceed the daily emissions thresholds established by the South Coast Air Quality Management District. The applicant shall bear the cost of implementing this mitigation. Prior to issuance of grading permits, the City Building Official shall verify that grading plans submitted by the project proponent identify the location where exported soil is to be transferred and that the identified location is 10 miles or less from the project site. This measure shall be verified in light of the performance standard that criteria pollutant emissions from soil hauling shall not exceed the daily emissions thresholds established by the South Coast Air Quality Management District. The applicant shall bear the cost of implementing this mitigation.  Building/ Engineering  Pre-construction plan check On-site construction inspection   Biological Resources  If removal of existing, mature trees occurs at any time during March, April, September, or October, a qualified biologist shall visit the site at least 10 days prior to initiation of removal to determine whether migratory, non-game bird species are actively nesting or present in trees proposed for removal.  If no bird nests or species are detected during this survey, then tree removal activities may proceed.  If migratory, non-game bird nesting or presence is confirmed, tree removal shall be delayed until two weeks after the young have fledged or until the species has fled, as confirmed by a qualified biologist.  The results of the biologist’s survey shall be reported to the Planning Director.  The applicant shall bear the cost of implementing this mitigation  Fish and Wildlife Service  Pre-construction plan check On-site construction inspection   Biological Resources  If removal of existing, mature trees occurs at any time during March, April, September, or October, a qualified biologist shall visit the site at least 10 days prior to initiation of removal to determine whether migratory, non-game bird species are actively nesting or present in trees proposed for removal.  If no bird nests or species are detected during this survey, then tree removal activities may proceed.  If migratory, non-game bird nesting or presence is confirmed, tree removal shall be delayed until two weeks after the young have fledged or until the species has fled, as confirmed by a qualified biologist.  The results of the biologist’s survey shall be reported to the Planning Director.  The applicant shall bear the cost of implementing this mitigation  Fish and Wildlife Service  Pre-construction plan check On-site construction inspection   Cultural Resources  Prior to excavation and construction of the 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. 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 professional archaeologist to examine the materials to determine whether it is a “unique archaeological resource” as defined in Section 21083.2(g) of the State CEQA Statues. If this determination is positive, 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 Department. 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 determine whether it is a significant paleontological resource. If this determination is positive, the scientifically consequential information 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 City Planning Department. The applicant shall bear the cost of implementing this mitigation. If suspected human remains be encountered during grading or other earth moving activities, the contractor shall be required 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.  Planning Department, Building Division  On-site construction inspection   Cultural Resources  Prior to excavation and construction of the 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. 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 professional archaeologist to examine the materials to determine whether it is a “unique archaeological resource” as defined in Section 21083.2(g) of the State CEQA Statues. If this determination is positive, 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 Department. 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 determine whether it is a significant paleontological resource. If this determination is positive, the scientifically consequential information 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 City Planning Department. The applicant shall bear the cost of implementing this mitigation. If suspected human remains be encountered during grading or other earth moving activities, the contractor shall be required 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.  Planning Department, Building Division  On-site construction inspection   Hazards and Hazardous Materials  Off-Site Medical Waste Treatment Facilities, as defined in the California Medical Waste Management Act, shall be prohibited.  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 project 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 confirming the proposed BMPs meet this numerical threshold standard is required. Post development peak stormwater runoff discharge rates shall not exceed the estimated pre-development 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 OCEAN”) 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: (s) 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 project 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 confirming the proposed BMPs meet this numerical threshold standard is required. Post development peak stormwater runoff discharge rates shall not exceed the estimated pre-development 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 OCEAN”) 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: (s) 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  During excavation and grading activities, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturer’s standards. Construction contractors shall place all stationary construction equipment so that emitted noise is directed away from the West Covina Library, as feasible. Construction contractors shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and the West Covina Library during all project construction.  Building/ Engineering  Pre-construction plan check Field Observation after Construction   Noise  During excavation and grading activities, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturer’s standards. Construction contractors shall place all stationary construction equipment so that emitted noise is directed away from the West Covina Library, as feasible. Construction contractors shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and the West Covina Library during all project construction.  Building/ Engineering  Pre-construction plan check Field Observation after Construction   Transportation and Traffic  Prior to the issuance of building permits, the project proponent shall fund restriping of the existing northbound through lane to a through/right lane or construction of an additional northbound left-turn lane at the intersection of Pacific Avenue and I-10 Westbound on/off ramps to ensure the intersection operates at a minimum level of service (LOS) E. This measure shall be implemented in coordination with Caltrans to determine appropriate engineering design for the intersection. This measure shall be reflected on construction drawing submitted to the City.  City of West Covina Caltrans  Prior to issuance of certificates of use and occupancy   Mandatory Findings of Significance  The project’s final site plan shall incorporate grading for a future sidewalk and street trees behind the future sidewalk along the Garvey Avenue frontage, in accordance with the City’s street improvement specifications.  If practical, this sidewalk construction will be coordinated with the Caltrans work related to the I-10 HOV Lane improvements that includes a portion of this sidewalk.  Public Works Department Caltrans  On-site construction inspection   SECTION NO. 3: 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 NO. 4: Pursuant to CEQA Guidelines Section 15073.5, revisions were made to the Initial Study after public notice of its availability was given; however, the Initial Study did not need to be recirculated for public review because: The revisions were not substantial in that no new, unavoidable impacts to the environment were identified and no mitigation measures were determined not to reduce potentially significant environmental impacts to less than significant levels; and Revisions to the Biological Resources analysis merely clarifies the analysis, Mitigation Measure B-1 was replaced with an equally effective measure, Revisions to the Mandatory Findings of Significance analysis merely clarifies the analysis, Mitigation Measure M-1 was replaced with an equally effective measure, Revisions to the Transportation and Traffic analysis merely clarifies the analysis, (g) Mitigation Measure T-1 was replaced with an equally effective measure, SECTION NO. 5: Pursuant to CEQA Guidelines Section 15074.1, the Planning Commission finds that the substituted Mitigation Measure B-1, Mitigation Measure T-1 and Mitigation Measure M-1 are equally effective in mitigating potentially significant environmental impacts and that the substituted measures will not result in any potentially significant environmental impacts. SECTION NO. 6: Pursuant to CEQA Guidelines Section 15074, the Planning Commission makes the following findings: (a) That after consideration of the whole record, including the Initial Study and comments received during the public review period, that there is no substantial evidence that the project will have a significant effect on the environment with incorporation of mitigation. (b) That the decision to adopt a Mitigated Negative Declaration reflects the City Council’s independent judgment and analysis. SECTION NO. 7: Non-compliance with the aforementioned mitigation measures as by the monitoring department/agency and any measures taken to correct said non-compliance should be immediately reported to the Planning Department on the City of West Covina Monitoring Checklist Form. SECTION NO. 8: The applicant agrees to implement the aforementioned mitigation measures and monitoring or reporting requirements. SECTION NO. 9: 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 City Clerk shall certify as to the passage of this Resolution. PASSED AND APPROVED on this 10th day of January, 2012. 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 10th day of January, 2012. AYES: NOES: ABSENT: ABSTAIN: DATE: January 10, 2012 APPROVED AS TO FORM: City Clerk City Attorney