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.
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Resolution No. 2005-69
November 15, 2005
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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.
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Resolution No. 2005-69
November 15, 2005
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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