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Resolution - 9090RESOLUTION NO. 9090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO CERTIFY THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT • FOR PRECISE PLAN NO. 794, REVISION 4, AND CONDITIONAL USE PERMIT NO. 457, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. WHEREAS, there was filed with this City verified applications on forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code requesting approval of a precise plan and an conditional use permit on that certain property generally described as follows: Los Angeles County Assessor's parcel number 8474-11-936; 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 an 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 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 was not a significant effect on the environment caused by this project; and WHEREAS, on March 8, 1994, the Planning Commission voted to certify the Negative Declaration of Environmental Impact; and WHEREAS, on March 24, 1994, the decision of the Planning Commission was appealed by an adjacent property owner; and WHEREAS, on May 17, 1994, the City Council conducted a duly advertised public hearing to consider said applications. NOW THEREFORE, the City Council of the City of West Covina does hereby resolve as follows: 1. After receiving and considering all determinations, studies, documents, and recommendations, as well as other appropriate public comments, the City Council of the City of West Covina hereby certifies the Negative Declaration of Environmental Impact subject to compliance with the mitigation measures that • are recommended in the Negative Declaration of Environmental Impact as outlined below: 0617-94/C: CC/CCZLM NCE. R ES/BD/srg Resolution No. CEQA/PP 794, REV. 4/CUP 457 Zelman Retail Partners May 17, 1994 - Page 2 a. Grading/ Submit a grading and drainage Engineering/ Drainage plan to the City Engineer for Building • review and approval prior to issuance of grading permits. All grading shall comply with Chapter 9 (Grading Ordinance) and 15 (Noise Ordinance) of the West Covina Municipal Code and Chapters 29 and 70 of the Uniform Building Code. b. Air Normal wetting procedures or Engineering other palliative measures shall be followed during construction activities to reduce fugitive dust emissions in order to meet AQMD Rule 403 requirements. c. Noise Grading and construction Engineering/ activity shall comply with the Code Enforcement/ City's grading and noise Police Depts. ordinances. Requirements include but are not limited to, restricting the hours for excavation, grading and other construction activities between 7:00 AM and 8:00 PM. Also, all construction equipment shall be required to have properly operating and maintained mufflers. d. Circulation Barriers and warning signs shall Engineering/ be employed where appropriate Planning to maintain traffic and Departments pedestrian safety during the grading and construction period. e. Plant life Submit a detailed landscape and Planning irrigation plan to the Planning Department Department for review and approval prior to the issuance of Building Permits. Said plan shall include type, size, and quantities of plant materials to be used in said plan. Special consideration should be given to planting around the building to soften the appearance of the structures. • Light/glare Lighting on the site shall comply Engineering/ with Section 26-570 of the Planning West Covina Municipal Code Department and Planning Resolution No. 2513. 0617-94/C: CC/CCZLM NCE. R ES/BD/srg Daily on -site inspection. Pre -construction plan check. Citizen's input. Daily on -site inspections. Citizen's input. Daily on -site inspections. Citizen's input. Daily on -site inspections. Citizen's input. Pre -construction plan check. Pre -construction plan check. Resolution No. CEQA/PP 794, REV. 4/CUP 457 Zelman Retail Partners May 17 1994 - Page 3 g. Public safety The City Fire Marshal shall review all detailed design plans • prior to the issuance of building permits. Items to be reviewed include accessibility for emergency fire equipment, adequate interior circulation, and other safety considerations. New fire hydrants shall be provided to service the project and the buildings shall be equipped with fire sprinkler systems pursuant to the City of West Covina Fire Department Standards. Security lighting shall be installed throughout the project. h. Natural The project shall comply with resources Title 24 of the California Administrative Code. Specifically, the project shall install plumbing fixtures which reduce water usage and loss such as low -volume toilet tanks and flow control devices for faucets. Also, energy efficient electrical and gas mechanical equipment shall be used throughout the project. Trash compactors shall be installed to minimize solid waste bulk. • 0617-94/C: CC/CCZLM NCE. R ES/BD/srg Fire Department Fire Department Engineering/ Building Department Building/ Planning Depts Pre and post construction inspections. Pre and post construction inspections. Pre and post construction plan check and inspections. Post construction inspections. Pre -construc- tion plan check. Resolution No. CEQA/PP 794, REV. 4/CUP 457 Zelman Retail Partners May 17 1994 - Page 4 2. Non-compliance with any of the aforementioned mitigation measures as • determined 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 (Attachment 1); and 3. The applicant agrees to implement the aforementioned mitigation measures and monitoring or reporting requirements; and 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; and 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; and 6. The City Council upon giving the required notice, did on the 17th day of May, 1994, conduct a duly advertised public hearing as prescribed by law to consider said application and environmental documents; and 7. That the City Clerk shall certify to the adoption of this resolution. ADOPTED AND APPROVED this 17th day of May 1994 400 Mayor ATTEST: City Clerk Expiration Date • May 17, 1995 If not used. 0617-94/C:CC/CCZLMNCE. RES/BD/srg • Resolution No. CEQA/PP 794, REV. 4/CUP 457 Zelman Retail Partners May 17 1994 - Page 5 I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing Resolution was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 17th day of May 1994. That, thereafter, said Resolution was duly adopted on the17th day of;,May;y1994 by the following vote, to wit: AYES: Manners, Touhey, Herfert, McFadden NOES: None ABSENT: None ABSTAIN: Wong City Clerk - APPROVED AS TO FORM: City Attorney 0617-94/C:CC/CCZLMNCE.RES/BD/srg