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