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Resolution - 2004-96RESOLUTION NO. 2004-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO. 04-04, ZONE CHANGE NO. 04-05, AND PRECISE PLAN NO, 04-02 PURSUANT TO THE CALIFORNIA • ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Wlliam McIntyre LOCATION: Southwest corner of Citrus Street and Workman Avenue. 205-235 North Citrus Street (odd) and 2504-2534 East Workman Avenue (even) 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, and precise plan to facilitate the development of an auto dealership and retail center and the demolition of existing retail buildings and theater building on that certain property generally described as: Assessor's Parcel Number 8453-015-(025, 026, 900 and 901) and 8453-016-023 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 23`d day of November, 2004 conduct a duly advertised public hearing as prescribed by law; and WHEREAS, the Planning Commission did adopt Resolution No. 04-4980 approving the application; and WHEREAS, on November 24, 2004, an appeal of the Planning Commission action was filed by McIntyre Companies; and WHEREAS, the City Council did, on the 7`h day of December, 2004, conduct a duly advertised public hearing as prescribed by law to consider said 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: 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 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: Resolution No. 2004-96 Negative Declaration for GPA 04-04, ZC 04-05 and PP 04-02 December 7, 2004 — Page 2 C • Environmental Impacts Mitigation Measures Monitoring Dept./Agency Monitoring Methods Air Quality Vigorous wetting procedures or other dust Building/ Pre - palliative measures shall be maintained Engineering construction during earth moving operations to plan check minimize fugitive dust emissions in compliance with applicable codes and On -site I ordinances pertaining to dust suppression construction requirements (including SCAQMD RULE inspection 403). 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. Roadways shall be swept periodically as determined by the City Engineer and/or Maintenance Services Superintendent or otherwise cleared of any spilled materials to assist in minimizing fugitive dust. Trucks importing or exporting earthen materials shall be covered or sprinkled with water prior to entering public streets. Heavy-duty construction equipment shall be kept on -site when not in operations to minimize exhaust emissions associated with vehicles repetitiously traveling to and from the project site. The number of pieces of equipment operating simultaneously should be minimized through efficient management practices. Construction equipment shall be maintained in proper tune to reduce exhaust emissions. Diesel -powered equipment such as booster pumps or generators should be replaced by electric equipment, if feasible. During Santa Ana wind conditions with wind speeds exceeding 15 mph, soil disturbance areas shall be watered hourly or active operations on unpaved surfaces shall, be terminated until the wind speeds no longer exceed 15 mph. Transportation/ In order to provide an adequate number of Planning Pre - Circulation parking spaces for employees, it is Department construction recommended that nine (9) additional on- plan check site parking spaces planned for inventory Building/ storage or customers be reserved for Engineering Field employees. A total of at least 40 parking I I Observation Resolution No. 2004-96 Negative Declaration for GPA 04-04, ZC 04-05 and PP 04-02 December 7, 2004 — Page 3 :7 spaces shall be reserved for employees. after Construction If it is clear that spillover parking is occurring during the first three months of the dealership's operation, signage should be displayed indicating that the parking spaces north of the wall adjacent to the I retail uses are strictly for patrons of those uses. Hazards Use construction best management Building/ On -site practices (BN4Ps) typically implemented Engineering construction as part of construction to minimize the inspection potential negative effects to groundwater and soils from construction activities. The following shall be implemented as necessary to avoid any significant effects: • Follow manufacturer's recommendations on use, storage and disposal of chemical products used in construction; • Avoid overtopping construction equipment fuel gas tanks; • During routine maintenance of construction equipment, properly contain and remove grease and oils; and • Properly dispose of discarded containers of fuels and other chemicals. Noise During grading and construction, delivery Building/ Pre - of materials and equipment, outdoor Engineering construction operations of equipment, and construction plan check activity shall be limited to the hours Community between 7:00 a.m. and 8:00 p.m. Enhancement On -site construction All construction equipment, stationary or Police inspection mobile, shall be equipped with properly Department operating and maintained mufflers. All construction equipment shall be stored on the project site during the construction phase to eliminate daily heavy-duty truck trips on vicinity roadways. The operation of the facility shall comply with the West Covina Noise Ordinance. If pile driving is required for construction, such construction shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Aesthetics Landscaping plans shall be submitted to Engineering/ Pre - the Planning Department. The Code construction landscaping plan shall conform with the Enforcement/ plan check approved site plan. Additionally, all Planning areas not requiring paving shall be On -site landscaped. construction inspection All project landscaping shall be installed Resolution No. 2004-96 Negative Declaration for GPA 04-04, ZC 04-05 and PP 04-02 December 7, 2004 — Page 4 • prior to occupancy. A lighting/photometric plan check shall be conducted to ensure that light does not "spill over" onto adjoining property. All exterior lighting shall be hooded and directed so as to reflect away from adjoining properties. 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. 3. The applicant agrees to implement the aforementioned mitigation measures and monitoring or reporting requirements. 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. 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. 6. The City Clerk shall certify as to the passage of this Resolution. PASSED AND APPROVED on this 71h day of December, 2004. Mayor Michael L. Miller ATTEST: Deputy City Oerk Susan Rush I, SUSAN RUSH, DEPUTY CITY CLERK of the City of West Covina, California, 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 7`h day of December, 2004, by the following vote of the City Council: AYES: Hernandez, Sanderson, Wong, Miller NOES: None ABSENT: Herfert ABSTAIN: None isDeputy Ci y Clerk Susan Rush APPROVED AS TO FORM: City Attorney Arnold Alvarez-Glasman