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Resolution - 9713RESOLUTION NO. 9713 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR PRECISE PLAN NO. 871, AND TREE REMOVAL PERMIT NO. 21 AND THE AMENDED AND RESTATED DEVELOPMENT, DISPOSITION AND OWNER PARTICIPATION AGREEMENT (ARDDOPA) AS REVISED, 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 precise plan to allow the expansion of an existing automobile dealership, modify an existing dealership (formerly West Covina Saturn) relative to site access and on -site circulation and parking. In addition, the currently separate sites would be consolidated under one precise plan due to their inter -relatedness. The precise plan application is accompanied by Tree Removal Permit No. 21 for the removal of up to 10 significant trees, and implemented by the ARDDOPA, as revised and included in the project on that certain property generally described as: Assessor's Parcel No. 8478-004-028, 029,030, 031, 032, 033, 039, and 908 and 8478- 007-902, 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 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 proj ect. WHEREAS, the Planning Commission, upon giving the required notice, did on the 6"' day of July 1999, conduct a duly advertised public hearing as prescribed by law to consider said application; and WHEREAS, the Planning Commission adopted Resolution No. 7-99-4555, certifying the Mitigated Negative Declaration of Environmental Impact for Precise Plan No. 871, and Tree Removal Permit No. 21; and WHREAS, on July 7, 1999, Hassen Imports Partnership appealed the Planning • Commission's decision; and WHEREAS, the City Council did, on the 20"' day of July, 1999, conduct a duly advertised public hearing as prescribed by law to consider the appeal of the Precise Plan, Tree Removal Permit, and environmental documents, and consider evidence presented by the Planning Commission, Planning Division, and other interested parties. NOW, THEREFORE, the City Council of the City of West Covina does hereby resolve as follows: C:\ W 1ND0 W S\TEMP\P871 ccnegdecres.doc Negative Declaration Hassen Imports Partnership July 20, 1999 Page 2 of 7 1. Whereas, all recitals are true and correct. 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 the Mitigated 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: • Environmental Impacts Mitigation Measures Monitoring Dept./Agency Monitoring Methods Traffic/ 1. All on -site driveways and roadways Planning Pre -construction Air Quality shall be stop -controlled and all signing plan check and marking shall conform with Building/ Caltrans Standard Plans dated 1997 Engineering Daily on -site and specifications dated 1995, Caltrans construction Traffic Manual, latest edition. Code inspections Enforcement 2. On -site parking stalls and drive aisles Citizen input shall be constructed per City Police Dept. standards. South Coast Air I Construction traffic impacts on Quality adjacent area roadways within- the Management project vicinity shall be minimized. District Prior to the issuance of grading or building permits, a construction management plan shall be prepared for review and approval by the City Engineer and City Planner prior to construction to address the following: a. The impact of additional construction -related trips (i.e. trucks and construction employee trips) on the street system should be considered negligible since these trips can be scheduled and their frequency increased during off-peak (mid -day hours.) Excavation and hauling shall also be scheduled for mid -day, in order to reduce the residential and traffic impacts during construction. Excavation is not recommended on days with wind speeds in excess of 25 miles per hour. b. The specifics of a work zone traffic control plan, which includes the use of flagmen and lane channelization devices, shall be established in accordance with City guidelines. Contractor traffic control plans will need to be C:A W lNDO W S\TEMP\P871 cenegdecres.doc • • Negative Declaration Hassen Imports Partnership July 20, 1999 Page 3 of 7 approved by the City of West Covina. A flagman shall be available at all times to ensure vehicle and pedestrian safety, and be used whenever trucks entering or leaving the project site may impede the flow of traffic. The contractor shall ensure the safety of pedestrians by installing a construction fence on the project's perimeter. c. The contractor shall provide an estimate of truck volume and schedule. Areas shall be approved by the City for staging of all trucks. All earth -moving and ready -mix trucks shall be equipped with two-way radios, in order for the drivers at the staging areas to be linked to a traffic controller at the job site. The trucks shall follow a City approved route to the job site. In order to minimize the impacts to the neighborhoods, construction traffic shall utilize Azusa Avenue to East Garvey Avenue South. d. The undercarriage and wheel areas of all trucks leaving the site during excavation operations shall be cleaned at least daily. Vehicle speeds shall be no greater than 15 miles per hour on unpaved roads. e. When feasible, materials being delivered to the site shall .be scheduled with the least inconvenience to the public. The contractor shall have a designated employee controlling the logistics of all deliveries. All materials requiring assembly shall be accommodated on -site. f. Work zone traffic control shall comply with City guidelines. g. Construction traffic shall utilize City approved routes. It is suggested that Azusa Avenue and East Garvey Avenue South be used. It. Construction -related parking shall be prohibited on all public street and shall be provided on -site. C:AW INDO W SUEMPT871 ecnegdecres.doc • • Negative Declaration Hassen Imports Partnership July 20, 1999 Page 4 of 7 i. Construction -related parking (for. construction employees) shall be prohibited on all public streets and be provided on -site. Parking and bicycle storage facilities shall be located on -site. Employees shall be encouraged to carpool and develop a trip reduction plan to achieve a 1.5 average vehicle ridership (AVR). The schedule of construction activities and locations of construction -related parking shall also be provided. 4. All equipment shall be properly tuned and maintained in accordance with manufacturer's specifications. 5. General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions: During construction equipment, trucks and vehicles in loading and unloading queues shall be kept with their engines off, when not in use, to reduce vehicle emissions. Construction emissions shall be phased and scheduled to avoid emissions, peaks and discontinued during second -stage smog alerts. 6. The project construction will be phased over an 18 to 24 month period. 7. Low -emission mobile construction equipment shall be utilized where feasible. 8. Prior to the commencement of construction the applicant shall submit a plan specifying the type of vehicles and equipment, and the duration of their usage throughout the course of construction in order to reduce emissions. 9. The site shall be watered and construction equipment cleaned during morning and evening hours. 10. Soil binders shall be spread on the site, unpaved roads, and parking areas. 11. The use of construction equipment shall be limited to the following: a. One -diesel powered tracked loader operating a maximum of five hours C:\ W INDO W S\TEMP\P87I acnegdecres.doe L • Negative Declaration Hassen Imports Partnership July 20, 1999 Page 5 of 7 per day. b. One -diesel powered wheeled loader operating a maximum of five hours per day. c. One -diesel powered motor grader operating a maximum of five hours per day. d. 22 pieces of stationary equipment such as compressors and generators. e. Three -gasoline powered (50 horsepower) forklifts operating a maximum of eight hours per day. f. Three off -highway trucks operating for a maximum of five hours per day. Noise 1. Construct a 6-foot tall decorative Pre -construction masonry wall between the parking plan check structure and Norma Avenue along the south property line in the manner Daily on -site directed by the Planning Commission, construction and as early in the construction inspections process as is practicable. Citizen input 2. Vehicle servicing shall only occur within the designated vehicle service bays as designated on the plans. 3. No exterior public address or amplification devices shall be installed or utilized at the site. 4. All mechanical equipment installed at the site shall be low noise generating equipment rated at less than 65 dBA within 100 feet of residential property or shall be effectively sound attenuated to minimize noise impacts to adjacent properties. 5. During initial construction, delivery of materials and equipment, outdoor operation of equipment, and outdoor use of hammers and power tools shall be limited to the hours between 7:00 a.m. and 7:00 p.m. 6. Noise generating construction activity shall be limited to between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday; and 8:00 a.m. to 6:00 p.m. on Saturdays. Hydrology 1. The construction of a new 30-inch Building/ Pre -construction Hillward Street Storm Drain shall be Engineering plan check C A W INDO W SUE M 11\11871 ccnegdecres. doc Negative Declaration Hassen Imports Partnership July 20, 1999 Page 6 of 7 completed prior to or concurrent with project construction pursuant to the West Covina Master Drainage Study, October 1986. An analysis shall be performed by the City to determine the applicant's fair share of the improvement cost, which will be paid to the City prior to the issuance of grading permits. Maintenance On -site construction inspection Aesthetics 1. Lighting on the site shall comply with Planning Pre -construction the West Covina Parking Lot and plan check. Lighting Design Standards to restrict Building/ the spillover of light and glare onto Engineering On -site adjacent properties. construction Code inspection. 2. The Norma Avenue Street frontage Enforcement shall be planted with specimen size plant materials including a mixture of Police Dept. trees, shrubs and groundcover that will, soften the visual appearance of the buildings and site lighting. A detailed landscape and irrigation plan shall be prepared pursuant to the Water Efficient Landscape and Irrigation standards of the West Covina Municipal Code and will incorporate the planting of specimen size trees (24" box, 36" box or larger) on a two to one ratio for the trees removed under Tree Removal Permit No. 21. All landscape and irrigation improvements shall' be installed to the satisfaction of the City Engineer prior to the issuance of a certificate of occupancy. 3. Non-compliance with 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 Division on the City of West Covina Monitoring Checklist Form (Attachment 1). 4. The applicant agrees to implement the aforementioned mitigation measures and monitoring or reporting requirements. 5. 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. 6. 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. CAW IN DO W SUEMPT87I ccnegdecres.doc Negative Declaration Hassen Imports Partnership July 20, 1999 Page 7 of 7 7. Responses to the City of Covina's comments on the Negative Declaration of Environmental Impact are attached hereto As Attachment II and are incorporated by reference. • 8. The City Clerk shall certify as to the passage of this Resolution. 9. The record here consists of the following and any and all other related or relevant documents: • a. Hassen Imports Partnership Auto Dealership Expansion, Traffic and Air Quality Analysis, prepared by Kimley-Horn and Associates, Inc. b. Previously Certified Final Supplemental Environmental Impact Report for Amendment Number 3 to the Central Business District Redevelopment Project Area dated December 1984. C. Previously Certified Final Environmental Impact Report for the Norma Avenue Properties, prepared by ESA, dated July 20, 1988. d. Draft Environmental Impact Report for the Azusa Workman Automobile Dealership Project, prepared by Cotton/Beland/Associates, Inc., dated August 1997. e. City of West Covina Master Drainage Study, October 1986, prepared by Walsh, Evans and Associates. f. Soils Engineering Investigation for Hassen Development Company, September 26, 1996, by RMA Group. g. ARDDOPA including as revised PASSED AND APPROVED onthis 20"' day of July, 1999. ATTEST: -.City Cle STATE OF CALIFORNIA COUTNY OF LOS ANGELES CITY OF WEST COVINA r ayor C:A W INDO W SAT6MPT87I ccnegdecres.doc Negative Declaration Hassen Imports Partnership July 20, 1999 Page 8 of 7 I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing Resolution was adopted by the Planning Commission of the City of West Covina, California, at a regular meeting held on the 20" day of July, 1999, by the following vote: • AYES: NOES: ABSTAIN ABSENT Herfert, Melendez, Wong Howard Touhey None City Clerk APPROVED AS TO FORM: (OfAlACc Q tMd'o City Attorney , I agree to implement all the mitigation measures identified above in the manner prescribed. Applicant (Signature) Sign Name Date C:\WIN DO W SUEMP\P87I ccnegdecres.doc