Resolution - 2012-2RESOLUTION NO.2012-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL
PLAN AMENDMENT NO. 11-01, ZONE CHANGE NO. 11-01, PRECISE
PLAN NO. 11-02, TREE REMOVAL PERMIT NO. 11-04, VARIANCE NO.
11-08 AND TENTATIVE TRACT MAP NO. 71595 AND PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS
AMENDED '
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: Eric Chen, Creative Design Associates, Inc
LOCATION: 1607 West Covina Parkway (Southeast corner of West Covina
Parkway and West Garvey Avenue South - Civic Center)
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, precise plan, tree removal permit, variance and tentative tract
map to facilitate the development of a four-story 55,680-square foot medical office on that
certain property generally described as:
Assessor's Parcel Number 8474-001-906 as listed in the records of the office 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 I 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.
WHEREAS, the Planning Commission upon giving the required notice did on the 22°a day
of November, conduct duly advertised public hearings as prescribed by law to consider said
application and at which time the Planning Commission denied the application; and
WHEREAS, on December 1, 2011, an appeal of the Planning Commission action was filed
by Peichin Lee, CGM Development, Inc; and
WHEREAS, the City Council did, on the Loth day of January, 2012, conduct a duly
advertised public hearing as prescribed by law, 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:
SECTION NO. 1: The above recitals are true and correct.
SECTION NO. 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 Mitigated Negative Declaration of Environmental
Impact, subject to compliance with the mitigation measures that are recommended in the
Mitigated Negative Declaration of Environmental Impact as outlined below:
Resolution No. 2012-2
Page 2
Environmental
Impacts
Mitigation Measures
Monitoring
Dept./Agency
Monitoring
Methods
Air Quality
Prior to issuance of building permits, the
Building/
Pre -
City Building Official shall verify that
Engineering
construction
construction plans submitted by the
plan check
project proponent reflect use of
architectural coatings that include the
On -site
following:
construction
• The content of
inspection
volatile organic compounds
(VOC) in proposed architectural
coatings shall not exceed 50 g/1
for interior applications.
• The content of
volatile organic compounds
(VOC) in proposed architectural
coatings shall not exceed 100 g/1
for exterior applications.
This measure shall be verified through
standard building inspections in light of
the performance standard that emissions
of volatile organic compounds from
application of interior or exterior coatings
shall not exceed the daily emissions
thresholds established by the South Coast
Air Quality Management District. The
applicant shall bear the cost of
implementing this mitigation.
Prior to issuance of grading permits, the
City Building Official shall verify that
grading plans submitted by the project
proponent identify the location where
exported soil is to be transferred and that
the identified location is 10 miles or less
from the project site. This measure shall
be verified in light of the performance
standard that criteria pollutant emissions
from soil hauling shall not exceed the
daily emissions thresholds established by
the South Coast Air Quality Management
District. The applicant shall bear the cost
of implementing this mitigation.
Biological
If removal of existing, mature trees
Fish and
Pre -
Resources
occurs at any time during March, April,
Wildlife Service
construction
September, or October, a qualified
plan check
biologist shall visit the site at least 10
days prior to initiation of removal to
On -site
determine whether migratory, non -game
construction
bird species are actively nesting or
inspection
present in trees proposed for removal. If
no bird nests or species are detected
during this survey, then tree removal
activities may proceed. If migratory,
non -game bird nesting or presence is
confirmed, tree removal shall be delayed
Resolution No. 2012-2
Page 3
until two weeks after the young have
fledged or until the species has fled, as
confirmed by a qualified biologist. The
results of the biologist's survey shall be
reported to the Planning Director. The
applicant shall bear the cost of
implementing this mitigation
Cultural
Prior to excavation and construction of.the
Planning
On -site '.
Resources
Project Site, the prime construction
Department,
construction
contractor(s) shall be cautioned on the
Building
inspection
legal and/or regulatory implications of
Division
knowingly destroying cultural resources
or removing artifacts, human remains,
bottles and other cultural materials from
the Project Site.
If potential archaeological materials are
uncovered during grading or other earth
moving activities, the contractor shall be
required to halt work in the immediate
area of the find, and to retain a
professional archaeologist to examine the
materials to determine whether it is a
"unique archaeological resource" as
defined in Section 21083.2(g) of the State
CEQA Statues. If this determination is
positive, the scientifically consequential
information shall be fully recovered by
the archaeologist. Work may continue
outside of the area of the find; however,
no further work shall occur in the
immediate location of the find until all
information recovery has been completed
and a report concerning it filed with the
City Planning Department. The applicant
shall bear the cost of implementing this
mitigation.
If paleontological materials are uncovered
during grading or other earth moving
activities, the contractor shall be required
to halt work in the immediate area of the
find, and to retain a professional
paleontologist to examine the materials to
determine whether it is a significant
paleontological resource. If this
determination is positive, the scientifically
consequential information shall be fully
recovered by the paleontologist. Work
may continue outside of the area of the
find; however, no further work shall occur
in the immediate location of the find until
all information recovery has been
completed and a report concerning it filed
with the City Planning Department. The
applicant shall bear the cost of
implementing this mitigation.
If suspected human remains be
encountered during grading or other earth
Resolution No. 2012-2
Page 4
moving activities, the contractor shall be
required halt work in the immediate area
of the find and to notify the County
Coroner, in accordance with Section
7050.5 of the California Health and Safety
Code, who must then determine whether
the remains are of forensic interest. If the
Coroner, with the aid of a supervising
archaeologist, determines that the remains
are or appear to be of a Native American,
he/she shall contact the Native American
Heritage Commission for further
investigations and proper recovery of such
remains, if necessary. The applicant shall
bear the cost of implementing this
mitigation.
Hazards and
Off -Site Medical Waste Treatment
Building
Pre -
Hazardous
Facilities, as defined in the California
Division, Fire
construction
Materials
Medical Waste Management Act, shall be
Department
plan check
prohibited.
On -site
construction
inspection
Approval of
Closure Report
by the Fire
Department
Hydrology and
Appropriate erosion control and drainage
Building/
On -site
Water Quality
devices shall be incorporated to the
Engineering
construction
satisfaction of the Building and Safety
inspection
Division, such as interceptor terraces, vee-
channels, and inlet and outlet structures,
as specified by Section 91.7013 of the
Building Code.
Leaks, drips and spills shall be cleaned up
immediately to prevent contaminated soil
on paved surfaces that can be washed
away into the storm drains.
Dumpsters shall be covered and
maintained. Uncovered dumpster shall be
placed under a roof or cover with tarps or
plastic sheeting.
All vehicle/equipment maintenance,
repair, and washing shall be conducted
away from storm drains. All major
repairs shall be conducted off -site. Drip
pans or drop cloths shall be used to catch
drips and spills.
The project applicant shall implement
stormwater BMPs to retain or treat runoff
from a storm event producing 3/ inch of
rainfall in a 24-hour period. The design of
structural BMPs shall be in accordance
Resolution No. 2012-2
Page 5
with the Development Best Management
Practices Handbook, Part B — Planning
Activities. A signed certificate from a
California Licensed civil engineer or
licensed architect confirming the proposed
BMPs meet this numerical threshold
standard is required.
Post development peak stormwater runoff
discharge rates shall not exceed the
estimated pre -development rate for
developments where the increase peak
stormwater discharge rate will result in
increased potential for downstream
erosion.
All storm drain inlets and catch basins
within, and immediately adjacent to the
Project Site, as permitted and approved by
the Department of Public Works, must be
stenciled with prohibitive language (such
as "NO DUMPING — DRAINS TO
OCEAN") and/or graphical icons to
discourage illegal dumping. Legibility of
stencil and signs must be maintained at all
times.
Materials with the potential to
contaminate stormwater must be: (s)
placed in an enclosure such as, but not
limited to, a cabinet, shed, or similar
structure that prevents contact with runoff
spillage to the stormwater conveyance
system; or (2) protected by secondary
containment structures such as berms,
dikes, or curbs.
Storage areas shall be paved and
sufficiently impervious to contain leaks
and spills.
An efficient irrigation system shall be
designed to minimize runoff, including:
drip irrigation , for shrubs to limit
excessive spray; shutoff devices to
prevent irrigation after significant
precipitation; and flow reducers.
Noise
During excavation and grading activities,
Building/
Pre -
construction contractors shall equip all
Engineering
construction
construction equipment, fixed or mobile,
plan check
with properly operating and maintained
mufflers, consistent with manufacturer's
Field
standards. Construction contractors shall
Observation
place all stationary construction
after
equipment so that emitted noise is
Construction
directed away from the West Covina
Library, as feasible.
Construction contractors shall locate
equipment staging in areas that will create
Resolution No. 2012-2
Page 6
the greatest distance between
construction -related noise sources and the
West Covina Library during all project
construction.
Transportation
Prior to the issuance of building permits,
City of West
6
Prior to
and Traffic
the project proponent shall fund restriping
Covina
issuance,' of
of the existing northbound through lane to
certificates of
a through/right lane or construction of an
Caltrans
use and �lI
additional northbound left -turn lane at the
occupancy
intersection of Pacific Avenue and I-10
Westbound on/off ramps to ensure the
intersection operates at a minimum level
of service (LOS) E. This measure shall be
implemented in coordination with
Caltrans to determine appropriate
engineering design for the intersection.
This measure shall be reflected on
construction drawing submitted to the
City.
Mandatory
The project's final site plan shall
Public Works
On -site II
Findings of
incorporate grading for a future sidewalk
Department
construction
Significance
and street trees behind the future sidewalk
inspection
along the Garvey Avenue frontage, in
Caltrans
accordance with the City's street
improvement specifications. If practical,
this sidewalk construction will be
coordinated with the Caltrans work related
to the I-10 HOV Lane improvements that
includes a portion of this sidewalk.
SECTION NO. 3: 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.
SECTION NO. 4: Pursuant to CEQA Guidelines Section 15073.5, revisions were made'to the
Initial Study after public notice of its availability was given; however, the Initial Study did not
need to be recirculated for public review because:
(a) The revisions were not substantial in that no new, unavoidable impacts to the
environment were identified and no mitigation measures were determined not to reduce
potentially significant environmental impacts to less than significant levels; and
(b) Revisions to the Biological Resources analysis merely clarifies the analysis,
(c) Mitigation Measure B-1 was replaced with an equally effective measure,
(d) Revisions to the Mandatory Findings of Significance analysis merely clarifies the
analysis,
(e) Mitigation Measure M-1 was replaced with an equally effective measure,.,
(f) Revisions to the Transportation and Traffic analysis merely clarifies the analysis,
(g) (g) Mitigation Measure T-1 was replaced with an equally effective measure,
Resolution No. 2012-2
Page 7
�I
SECTION NO. 5: Pursuant to CEQA Guidelines Section 15074.1, the Planning Commission
finds that the substituted Mitigation Measure B-1, Mitigation Measure T-1 and Mitigation
Measure M-1 are equally effective in mitigating potentially significant environmental impacts
and that the substituted measures will not result in any potentially significant environmental
impacts.
SECTION NO. 6: Pursuant to CEQA Guidelines Section 15074, the Planning Commission
makes the following findings: j
(a) That after consideration of the whole record, including the Initial Study and
11
comments received during the public review period, that there is no substantial
evidence that the project will have a significant effect on , the environment with
incorporation of mitigation. j
(b) That the decision to adopt a Mitigated Negative Declaration reflects the City
Council's independent judgment and analysis.
SECTION NO. 7: Non-compliance with the aforementioned mitigation measures as by the
monitoring department/agency and any measures taken to correct said non-compliance should be
11
immediately reported to the Planning Department on the City of West Covina Monitoring
Checklist Form.
SECTION NO. 8: The applicant agrees to implement the aforementioned mitigation
and monitoring or reporting requirements.
SECTION NO. 9: 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.
I
The City Clerk shall certify as to the passage of this Resolution.
APPROVED AND ADOPTED on this 1 Oth day of January, 2012.
AT ST:
City Clerk La rie 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 WesgCovina,
California, at a regular meeting held thereof on the 1 oth day of January 2012 by the following
vote of the City Council:
AYES: Herfert, Lane, Touhey
NOES:
Sanderson, Sykes
ABSENT:
None
ABSTAIN:
None
APPROVED AS TO FORM:
City Attorney Arnold Alvarez-Glasman