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Resolution - 9634RESOLUTION NO. 9634 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ZONE CHANGE NO.660, PRECISE PLAN NO.866, AND CONDITIONAL • USE PERMIT NO. 516, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. WHEREAS, there was filed with this City a verified application on forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code requesting the approval of a zone change, precise plan, and conditional use permit for the development of a 16,200± square foot pharmacy with a drive -through facility on that certain property generally described as: Assessor's Parcel Nos. 8443-003-020, 021, and 022, in the records 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; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 27th day of October 1998, conduct a duly advertised public hearing as prescribed by law to consider said application, at which time the Planning Commission adopted Resolution No. 10-98-4526, recommending to the City Council certification of the Negative Declaration of Environmental Impact for Zone Change No. 660, Precise Plan No. 866 and Conditional Use Permit No. 516; and WHEREAS, the City Council did, on the 17th day of November, 1998, conduct a duly advertised public hearing as prescribed by law to consider said Zone Change and 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: 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: C:\WINDOWS\TEMP\riteaidecndreso.doe • 0 Negative Declaration ZC 660, CUP 516, PP 866 November 17, 1998 - Page 2 Environmental Impacts Mitigation Measures Monitoring Dept./Agency Monitoring Methods Air/Noise During initial construction, delivery of Building and Daily on -site materials and equipment, outdoor Engineering inspections operations of equipment, and outdoor use Department/ of hammers and power tools shall be Planning Citizen input. limited to the hours between 7:00 a.m. and Department 7:00 p.m. on weekdays and 9:00 a.m. to Plan Check 6:00 p.m. on Saturdays, Sundays, and holidays. Maintenance of the facilities shall be in compliance with the West Covina Municipal Code. Parking lot sweeping and landscape maintenance shall be limited to between 8:00 a.m. and 8:00 p.m. Truck deliveries shall be limited to between the hours of 9:00 a.m. and 9:00 p.m. Monday through Sunday. Dedicate and improve an additional 7-feet of right-of-way along Puente Avenue pursuant to the recommendations of the Traffic, Noise, and Air Quality Impact Analysis prepared by Kimley-Horn Associates dated October 1998. Said improvements shall be made prior to issuance of occupancy of the project. A solid wall not less than 8 feet in height shall be constructed along the eastern site boundary as early in the development process as practicable. Such a wall would reduce noise levels experienced on adjacent residential properties by up to 8 decibels, which would ensure consistency with the requirements of the West Covina Noise Ordinance. Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site through the following methods: During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. C:\WINDOWS\TEMP\riteaidccndreso.doc • 0 Negative Declaration ZC 660, CUP 516, PP 866 November 17, 1998 - Page 3 Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. All trucks hauling dirt to or from the site shall have their loads wet down or covered. Any construction equipment used on the site shall meet the following conditions in order to reduce NO,,, emissions. The number of pieces of equipment operating simultaneously should be minimized through efficient management practices. Construction equipment shall be maintained in tune per manufacturer's specifications. Equipment shall be equipped with 2 to 4-degree engine timing retard or precombustion chamber engines. Catalytic converters shall be installed, if feasible. Diesel -powered equipment such as booster pumps or generators should be replaced by electric equipment, if feasible. Mechanical equipment to be installed on the site shall be required to operate below 65 dB levels as measured from the nearest property line. Light/Glare Specific lighting impacts shall be mitigated through compliance with Planning Commission Resolution No. 2513 and West Covina Municipal Code Section 26-570. Energy Energy conservation measures that meet the minimum requirements of Title 24 of the California Code of Regulations, shall be incorporated into any building construction. 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 (Attachment I); and CAW INDO W S\TEM P\riteaidccn dreso. doc Negative Declaration ZC 660, CUP 516, PP 866 November 17, 1998 - Page 4 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 0 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 Clerk shall certify as to the passage of this Resolution. PASSED AND APPROVED on this ,11 i ATTEST: City Cle STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF WEST COVINA ) I, Janet Berry, 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 17th day of November, 1998. AYES: NOES: ABSENT: Herfert, Howard, Touhey, Wong, Melendez None None APPROVED AS TO FORM: City Attorney V J City Clerk— -� C:\WINDOWS\TEMP\riteaidecndreso.doc