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Resolution - 2005-69RESOLUTION NO. 2005-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR PRECISE PLAN NO. 05-08, CONDITIONAL USE PERMIT NO. 05-09, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED, ON APPEAL OF PLANNING COMMISSION ACTION NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Alicia, Mardini, East Valley Community Health Center LOCATION: 420 South Glendora Avenue WHEREAS, there was filed with this City Council verified applications on forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code requesting the approval of a Precise Plan and a Conditional Use Permit on that certain property generally described as: Assessor's Parcel Numbers 8476-022-020, 8476-022-018 and No 8476-022-918, in the records of the Los Angeles County Assessor; and WHEREAS, the Planning Commission upon giving the required notice did on the 9th day of August, 2005, the 13th day of September, 2005 and the I Ith day of October, 2005, conduct duly advertised public hearings as prescribed by law to consider said application; and WHEREAS, the Planning Commission did adopt Resolution No. 05-5061 certifying the negative declaration; and WHEREAS, on October 14, 2005, an appeal of the Planning Commission action was filed by East Valley Community Health Center; and WHEREAS, on October 18, 2005, an appeal of the Planning Commission action was filed by the Committee Representing Residents on Bandy Avenue, Ashwood Street, and Walnut Creek Parkway, 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 City Council did, on the 1st day of November, 2005, and on the 15`h day of November, 2005, 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. Resolution No. 2005-69 November 15, 2005 NOW, THEREFORE, the City Council of the City of West Covina does hereby resolve as follows: SECTION 1: 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 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 Mitigation Measures Monitoring Monitoring Impacts Dept./Agency Methods Land Use Approval of a conditional use permit to Planning Resolutions, allow for the operation of a non-profit Department Planning community health center. Commission public hearing Geology All grading and construction shall comply Engineering Grading plan with the provisions of the West Covina Division, check, Site Municipal Code and the requirements of Building inspections. the Engineering and Building Division Departments. Air Quality Vigorous wetting procedures or other dust Building Site inspections palliative measures shall be maintained Division during earth moving operations to minimize fugitive dust emissions in compliance with applicable codes and ordinances pertaining to dust suppression requirements (including SCAQMD RULE 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. 2 Resolution No. 2005-69 November 15, 2005 • 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. Hazards Use construction best management Building Site Inspections practices (BMPs) typically implemented as Division part of construction to minimize the 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. Resolution No. 2005-69 November 15, 2005 Noise During grading and construction, delivery Building Site inspections of materials and equipment, outdoor Division, operations of equipment, and construction Community activity shall be limited to the hours Enhancement (in between 7:00 a.m. and 8:00 p.m. event that complaints are All construction equipment, stationary or elicited) mobile, shall be equipped with properly 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. Aesthetics Landscaping plans shall be submitted to the Planning Landscaping Planning Department. The landscaping Department, plan review, plan shall conform with the approved site Building Lighting plan plan. Additionally, all areas not requiring Division review, Site paving shall be landscaped. inspections All project landscaping shall be installed 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. SECTION 2: Non-compliance with the aforementioned mitigation measures by the monitoring department/agency and any measures taken to correct said non-compliance shall be immediately reported to the Planning Department. SECTION I. The applicant agrees to implement the aforementioned mitigation measures and monitoring or reporting requirements. SECTION 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. • SECTION 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. 0 Resolution No. 2005-69 November 15, 2005 • 0 SECTION 6: The applicant shall indemnify, hold harmless and defend the City Of West Covina (City), its agents, officers, and employees from any claim, action, proceeding or damages against the City, its agents, officers, or employees to attack, set aside, void, or annul the approval by the City of this Tract Map. Further, the applicant shall indemnify, hold harmless and defend the City Of West Covina (City), its agents, officers, and employees from any claim, action, proceeding or damages against the City, its agents, officers, or employees arising out of the action, inaction or negligence of the applicant, its employees, officers, agents, contractors, subcontractors, successors or assigns in planning, engineering, constructing or in any manner carrying out the Tract Map or any improvements required for the Tract Map. The indemnity shall be contained in a written document approved by the City Attorney. SECTION 7: The City Clerk shall certify as to the passage of this resolution. PASSED AND APPROVED on this 15"' day of November, 2005. Mayor Shelley Sanderson ATTEST: City Clerk Laurie Carrico I, LAURIE CARRICO, 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 15`h day of December 2005, by the following vote of the City Council: AYES: Hernandez, Miller, Wong NOES: Herfert, Sanderson ABSENT: None ABSTAIN: None APPROVED AS TO FORM: City Attorney Ar761d Alvarez-Glasman U/� .:�r City Clerk Itaurie Carrico