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