3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-45 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 limited, if any, construction activities would occur. However, if the construction of infill development or redevelopment of future cannabis businesses were to occur, construction equipment and materials would include fuels, oils and lubricants, solvents and cleaners, cements and adhesives, paints and thinners, degreasers, cement and concrete, and asphalt mixtures, which are all commonly used in construction. Routine uses of any of these substances could pose a hazard to people or the environment and would be considered potentially significant.
Construction activities would be required to comply with numerous hazardous materials regulations designed to ensure that hazardous materials are transported, used, stored, and disposed of in a safe manner to protect worker safety, and to reduce the potential for a release of construction-related fuels or other hazardous materials into the environment, including stormwater and downstream receiving water bodies. Contractors would be required to prepare and implement Hazardous Materials Business Plans (HMBPs) that would require that hazardous materials used for construction would be used properly and stored in appropriate containers with secondary containment to contain a potential release. In Los Angeles County, HMBPs are submitted to the local Certified Unified Program Agency (CUPA), which in this case would be the Los Angeles County Fire Department Health Hazardous Materials Division (LACFD HHMD), for their review for compliance with hazardous materials regulations. The California Fire Code (CFC) would also require measures for the safe storage and handling of hazardous materials, which are included in the CUPA review of HMBPs Construction contractors would be required to prepare a SWPPP for construction activities according to the NPDES Construction General Permit requirements. The SWPPP would list the hazardous materials (including petroleum products) proposed for use during construction; describe spill prevention measures, equipment inspections, equipment and fuel storage; protocols for responding immediately to spills; and describe BMPs for controlling site runoff. The SWPPP would be submitted to the LARWQCB, which would review both the SWPPP and the required inspection reports for compliance with the Construction General Permit.
In addition, the transportation of hazardous materials would be regulated by the U.S. Department of Transportation (USDOT), Caltrans, and the California Highway Patrol (CHP). Together, federal and state agencies determine driver-training requirements, load labeling procedures, and container specifications designed to minimize the risk of accidental release. In the event of a spill that releases hazardous materials at the potential parcels for the future cannabis businesses, a coordinated response would occur at the federal, state, and local levels. The LACFD HHMD is the local hazardous materials response team. In the event of a hazardous materials spill, the LACFD and CPD would be simultaneously notified and sent to the scene to respond and assess the situation.
Finally, implementation of some projects may include the demolition and removal of existing buildings and structures. Some buildings and structures may include hazardous building materials, such as asbestos-containing material (ACM), lead-based paint (LBP), polychlorinated byphenyls (PCBs), mercury, and Freon (i.e., refrigerants). If improperly managed, the demolition activities could result in exposures to construction workers, the public, and the environment.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-46 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Numerous existing regulations require that demolition and renovation activities that may disturb or require the removal of materials that consist of, contain, or are coated with ACM, LBP, PCBs, mercury, Freon, and other hazardous materials must be inspected and/or tested for the presence of hazardous materials. If present, the hazardous materials must be managed and disposed of in accordance with applicable laws and regulations. Compliance with existing regulations is a condition of demolition and construction permits.
In the case of ACM and LBP, all work must be conducted by a State-certified professional, which would ensure compliance with all applicable regulations. If ACM and/or LBP are determined to exist onsite, a site-specific hazard control plan must be prepared detailing removal methods and specific instructions for providing protective clothing and equipment for abatement personnel. A State-certified LBP and/or an ACM removal contractor would be retained to conduct the appropriate abatement measures as required by the plan. Wastes from abatement and demolition activities would be disposed of at a landfill permitted to accept such waste. Once all abatement measures have been implemented, the contractor would conduct a clearance examination and provide written documentation to the appropriate regulatory agency documenting that testing and abatement have been completed in accordance with all federal, state, and local laws and regulations.
Equipment and materials with PCBs, mercury, and Freon, are managed thru the Universal Waste Rule. In the case of PCBs, electrical transformers and older fluorescent light ballasts not previously tested and verified to not contain PCBs must be tested. If PCBs are detected above action levels, the materials must be disposed of at a licensed facility permitted to accept the materials. In the case of mercury in fluorescent light tubes and switches, the identification, removal, and disposal of the materials must be removed without breakage and disposed of at a licensed facility permitted to accept the materials. In the case of Freon or other refrigerants, the refrigerants must be directed to licensed recycling and reuse facilities permitted to handle the refrigerants.
Compliance with the numerous laws and regulations discussed above that govern the transportation, use, handling, and disposal of hazardous building materials would limit the potential for impacts due to the transportation, use, handling, disposal, or accidental release of hazardous building materials, and this impact would be less than significant. No mitigation is required.
Operation
Once constructed, future cannabis businesses associated with the Project operating within the City may use chemicals associated with cultivation and manufacturing, some of which may be hazardous materials. The routine use or an accidental spill of hazardous materials could result in inadvertent releases, which could adversely affect construction workers, the public, and the environment.
Businesses that use hazardous materials would be required to prepare and implement a HMBP that would require that hazardous materials used in operations be used properly, stored in appropriate containers with secondary containment to contain a potential release, and disposed of
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-47 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 at facilities permitted to accept the waste. All hazardous materials are required to be stored and handled according to manufacturer’s directions and local, state and federal regulations. The CFC would also require measures for the safe storage and handling of hazardous materials. In addition, businesses would be required to comply with the local MS4 permit development standards, which would reduce pollutants and runoff flows from new developments using BMPs and low-impact development (LID)/post-construction standards. Further, the operations plan identified in Section
17.84.040(F) shall include a cultivation plan that meets or exceeds minimum legal standards for proper storage of fertilizers, pesticides, and other regulated projects to be used the site.
Preparation of an operations plan and compliance with the numerous laws and regulations discussed above that govern the transportation, use, handling, and disposal of hazardous materials would limit the potential for impacts due to the transportation, use, handling, disposal, or accidental release of hazardous materials, and this impact would be less than significant. No mitigation is required.
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Less than Significant Impact. The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, cultivation, manufacture and distribution of cannabis and cannabis products within the City by permitting up to three future cannabis businesses. All future cannabis businesses would be prohibited within 600 feet of a school providing instruction in kindergarten or any grades 1 through 12, day care center, youth center, or park.
Construction activities associated with future cannabis businesses associated with the Project would include the handling of hazardous materials, as discussed above. The routes to the specific construction sites would depend on the location of future cannabis businesses but could pass near schools. The accidental release or spill of hazardous materials transported through the vicinity near a school could expose school children, school staff, and workers to hazardous materials.
Further, the prolonged use of construction equipment could produce hazardous emissions, if in proximity to a school.
Although all future cannabis businesses would be prohibited within 600 feet of a school, there are numerous regulations covering the transportation, use, storage, and disposal of hazardous materials during construction activities. The required compliance with these regulations would ensure that nearby schools would not be exposed to hazardous materials, and the impacts would be less than significant. No mitigation is required.
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
Less than Significant Impact with Mitigation Incorporated. Government Code Section 65962.5, amended in 1992, requires the California EPA (CalEPA) to develop and update annually the Cortese List, which is a list of hazardous waste sites and other contaminated sites. While
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-48 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Government Code Section 65962.5 references the preparation of a list, many changes have occurred related to web-based information access since 1992 and information regarding the Cortese List is now compiled on the websites of the California Department of Toxic Substances Control (DTSC), the State Water Board, and CalEPA. The DTSC maintains the EnviroStor database, which includes sites on the Cortese List and also identifies potentially hazardous sites where cleanup actions (such as a removal action) or extensive investigations are planned or have occurred. The database provides a listing of Federal Superfund sites (National Priorities List (NPL); State Response sites; Voluntary Cleanup sites; and School Cleanup sites. Geotracker is the State Water Resources Control Board’s data management system for managing sites that impact groundwater, especially those that require groundwater cleanup as well as permitted facilities such as operating underground storage tanks (USTs) and land disposal sites. CalEPA’s database includes lists of sites with active Cease and Desist Orders (CDO) or Cleanup and Abatement Orders (CAO) from the State Water Board.
Construction
As discussed above, it is anticipated that development of the future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration). However, if the construction of infill development or redevelopment of future cannabis businesses were to occur, the construction could include the excavation of soil or removal of groundwater (dewatering), some of which may have chemical concentrations above regulatory action levels. If the future cannabis businesses associated with the Project involve the excavation of soils or extraction of groundwater from a site with existing contamination, and the contaminated materials are improperly handled, it could expose construction workers, the public, and the environment to hazardous materials. This would be a potentially significant impact.
As discussed above, there are numerous regulations covering the transportation, use, storage, and disposal of hazardous materials during construction activities. The required compliance with these regulations would reduce the exposure to hazardous materials. However, in order to ensure that future cannabis businesses plan for the potential to encounter existing contamination and inadvertently expose construction personnel, the public, or the environment, the project applicants shall implement mitigation measures HAZ-1 through HAZ-3, as described below. To evaluate whether Project development on commercial and light industrial properties have potential issues with contaminated materials, project applicants would be required to implement mitigation measures HAZ-1 through HAZ-3, as described below. Implementing the general protection measure and mitigation measures HAZ-1 through HAZ-3 would reduce this potentially significant impact to a less than significant level.
Mitigation Measures
HAZ-1: Phase I Environmental Site Assessment: Prior to the initiation of any construction requiring ground-disturbing activities on commercial and light industrial properties, as well as listed active hazardous materials cleanup sites, project applicants shall complete a Phase I environmental site assessment for that property in accordance with American Society for Testing and Materials Standard E1527 for those active
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-49 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 hazardous materials sites to ascertain their current status. Any recommended follow up sampling (i.e., Phase II activities) set forth in the Phase I assessment shall be implemented prior to construction. The results of Phase II studies, if necessary, shall be submitted to the local overseeing agency and any required remediation or further delineation of identified contamination shall be completed prior to commencement of construction.
HAZ-2: Health and Safety Plan: For those properties for which the Phase I assessment identifies hazardous materials issues, before the start of ground-disturbing activities, including grading, trenching, or excavation, or structure demolition, the project applicants for the specific work proposed shall require that the construction contractor(s) retain a qualified professional to prepare a site-specific health and safety plan (HASP) in accordance with federal Occupational Safety and Health Administration regulations (29 CFR 1910.120) and California Occupational Safety and Health Administration regulations (8 CCR Section 5192).
The HASP shall be implemented by the construction contractor to protect construction workers, the public, and the environment during all ground-disturbing and structure demolition activities. The HASP shall include designation of a site health and safety officer, a summary of the anticipated risks, a description of personal protective equipment and decontamination procedures, and procedures to follow if evidence of potential soil or groundwater contamination is encountered.
HAZ-3: Soil and Groundwater Management Plan: In support of the HASP described in Mitigation Measure HAZ-2, the project applicants shall require that its contractor(s) develop and implement a Soil and Groundwater Management Plan (SGMP) for the management of soil and groundwater before any ground-disturbing activity. The SGMP shall describe the hazardous materials that may be encountered, the roles and responsibilities of on-site workers and supervisors, training for site workers focused on the recognition of and response to encountering hazardous materials, and protocols for the materials (soil and/or dewatering effluent) testing, handling, removing, transporting, and disposing of all excavated materials and dewatering effluent in a safe, appropriate, and lawful manner.
Operation
Once constructed, contaminated materials associated with implementation of PMAs would have been removed and/or treated, people and the environment would not be exposed to hazardous materials, and this impact would be less than significant. No mitigation is required during operations.
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
No Impact. There are no airports within two miles of any of the potential parcels. As such, the potential parcels are not within any delineated safety or noise hazard zones. The Project would not result in a safety hazard or excessive noise, and there would be no impact.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-50 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Less than Significant Impact.
Construction
The Hazard Mitigation Plan for the City does not specifically delineate evacuation routes to be utilized during an emergency (Covina, 2019).
The potential parcels for the future cannabis businesses are located in an established urban area that is well served by the surrounding roadway network. It is anticipated that development of the future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within the existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration) and that limited, if any, construction activities would occur. However, if the construction of infill development or redevelopment of future cannabis business were to occur, it is expected that the majority of construction activities would be mostly confined on-site, construction activities may involve temporary lane closures along roadways adjacent to the potential parcels, while curbside improvements are being made (e.g., sidewalks, driveways, underground facilities and infrastructure). However, through-access for drivers, including emergency personnel, along all roadways will still be provided. In these instances, the construction contractors of future cannabis businesses associated with the Project would implement traffic control measures (e.g., construction flagmen, signage, etc.) consistent with required City encroachment permit(s) to maintain flow and access. Furthermore, in accordance with the City’s Public Works Department, construction contractors would develop a Construction Management Plan, subject to City review and approval, that includes designation of a haul routes to ensure that adequate emergency access is maintained during construction.
Therefore, construction of the Project is not expected to impair or interfere with an established emergency response or evacuation plan, and the construction impacts would be less than significant. No mitigation is required.
Operation
With respect to operation of the Project, the LACFD, which provides fire and paramedic services for the City, and other relevant City departments would review the final design and on-site circulation of the future cannabis businesses associated with the Project, to ensure that there is no interference with an emergency response or evacuation plan. Therefore, operation of the Project is not expected to interfere or impair an emergency response or evacuation plan, and the operational impact would be less than significant. No mitigation is required. g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires?
Less than Significant Impact. The California Department of Forestry and Fire Protection (CAL FIRE) Fire and Resource Assessment Program (FRAP) published Fire Hazard Severity Zone (FHSZ) maps. According to the map of Very High Fire Hazard Severity Zones (VHFHSZ) in
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-51 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Local Responsibility Area (LRA) for the City, the potential parcels are not within a VHFHSZ, although there are VHFHSZs in the lower southwestern corner of the City limits (CAL FIRE, 2011).
New developments within the potential parcels could potentially require construction which, if unregulated, could lead to fire ignition. Nevertheless, all construction activities would be required to comply with all applicable fire protection and prevention regulations specified in the CFC, Hazardous Materials Transportation regulations, and Cal/OSHA regulations. These requirements include various measures such as accessibility of firefighting equipment, proper storage of combustible liquids, no smoking in service and refueling areas, and worker training for firefighter extinguisher use. Compliance with all applicable laws and regulations would further minimize the potential for construction activities to cause a wildland fire.
In addition, facilities that use or store hazardous and flammable materials would be required to comply with all applicable fire codes and fire protection requirements established by the CFC, Hazardous Materials Transportation regulations, and Cal/OSHA requirements. As such, the operation of the future cannabis businesses associated with the Project would not substantially increase the risk of wildland fires within the potential parcels.
For these reasons, the Project would not expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires, and thus this impact is considered less than significant. No mitigation is required.
References
CAL FIRE (California Department of Forestry and Fire Protection). 2011. City of Covina.
City of Covina. 2019. Hazard Mitigation Plan.
DTSC (Department of Toxic Substances Control). 2022. EnviroStor database. Hazardous materials sites within the City of Covina.
SWRCB (State Water Resources Control Board). 2022. GeoTracker database, Hazardous materials sites within the City of Covina.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-52 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Hydrology and Water Quality
Issues (and Supporting Information Sources):
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
X. HYDROLOGY AND WATER QUALITY —
Would the project:
a) Violate any water quality standards or waste
discharge requirements or otherwise substantially
degrade surface or ground water quality?
☐ ☐ ☒ ☐
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge such
that the project may impede sustainable groundwater
management of the basin?
☐ ☐ ☒ ☐
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the
course of a stream or river or through the addition of
impervious surfaces, in a manner which would:
i) result in substantial erosion or siltation on- or offsite; ☐ ☐ ☒ ☐
ii) substantially increase the rate or amount of
surface runoff in a manner which would result in
flooding on- or offsite;
☐ ☐ ☒ ☐
iii) create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted runoff;
or
☐ ☐ ☒ ☐
iv) impede or redirect flood flows? ☐ ☐ ☒ ☐
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
☐ ☐ ☒ ☐
e) Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater
management plan?
☐ ☐ ☒ ☐
Discussion
The potential parcels for the future cannabis businesses are located in the San Gabriel River Watershed in the eastern portion of Los Angeles County (LARWQCB Water Quality Control Plan [Basin Plan] 2014). The potential parcels are developed lots generally comprising of commercial and light industrial uses, asphalt surface parking lots, and ornamental landscaping and trees.
There are no natural water features within the potential parcels. However, a channelized and concrete lined portion of Charter Oak Creek is present near the South Barranca Avenue and East Rowland Street intersection.
The CWA authorizes the USEPA to regulate point sources that discharge pollutants into the waters of the United States under the NPDES permitting program. The EPA delegates the responsibility for the protection of surface water and groundwater quality to the State Water Resources Control Board (SWRCB) and RWQCBs. Future cannabis businesses associated with the Project are located within the jurisdiction of the LARWQCB which administer and enforces
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-53 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 the Basin Plan policies and other water quality programs within the coastal watersheds of Los Angeles County. The City is currently covered by the following NPDES permits (Covina, 2022):
• Order No. R4-2012-0175 NPDES Permit No. CAS004001 Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) discharges within the Coastal Watersheds of Los Angeles County, Except Those Discharges Originating from the City of Long Beach MS4. • Order No. 97-03-DWQ: NPDES General Permit No. CAS000001, WDRS for Discharges of Storm Water Associated with Industrial Activities, Excluding Construction Activities. • Order No. 2009-0009-DWQ (As amended by 2010-0014-DWQ and 2012-006-DWQ):
NPDES General Permit No. CAS000002 for Storm Water Discharges Associated with Construction and Land Disturbance Activities.
Would the Project:
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
Less than Significant Impact. The potential parcels for the future cannabis businesses are located in urbanized environments consisting mainly of impervious surfaces such as roof tops, asphalt parking lots and roadways. Stormwater runoff is collected through existing inlets, catchment basins and underground storm drains that are maintained either privately or by the City (LARWQCB, 2014). It is anticipated that development of the future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration) and that limited, if any, construction activities would occur. However, if construction did occur it could increase stormwater pollutants that could impair surface and groundwater through typical construction activities such as demolition, site preparation, grading and excavation, paving and landscaping. In addition, it is anticipated that additional impervious surfaces would be created during development and redevelopment of the potential parcels that could result in an increase of stormwater pollutants. An increase in pollutants such as trash, fertilizers, cleaning agents, sediments, and spilled or leaked petroleum products on surface parking lots could violate water quality standards and waste discharge requirements set by the LARWQCB.
The City would design and construct new facilities to capture and convey stormwater runoff and pollution in accordance with the existing LA County NPDES permits. Consistent with these requirements, a SWPPP would be prepared that incorporates BMPs to control water erosion during the construction and operation of future cannabis businesses that would be developed upon completion of the Project. The operations plan identified in Section 17.84.040(F) shall include a cultivation plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; and watershed protection. The operations plan shall also include a description of a legal water source, irrigation plan, and projected water use.
Therefore, adherence to applicable local, state and federal water quality control plans and permits during future cannabis businesses associated with the Project would reduce impacts to surface
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-54 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 and groundwater quality. As such, impacts would be less than significant in this regard. No mitigation is required.
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
Less Than Significant Impact. The Project does not involve the use of groundwater supplies and would not interfere with groundwater recharge. As described above, stormwater runoff would be collected and managed during construction and operation of the future cannabis businesses associated with the Project in accordance with local, state and federal requirements.
Upon completion of the Project, future cannabis businesses could increase demand for potable water. Covina Irrigating Company (CIC) is the primary water provider for the City. CIC's water supply is obtained from the Main San Gabriel Groundwater Basin and from the San Gabriel River. The CIC extracts groundwater and treats surface water from the Main San Gabriel Basin and delivers treated potable water to the City (Covina 2017). The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, cultivation, manufacture and distribution of cannabis and cannabis products within the City by permitting up to three future cannabis businesses. Employees would be generated by the future cannabis businesses associated with the Project, similar to other commercial and light industrial uses. It is anticipated that development of the future cannabis businesses would primarily locate within existing structures, or to a lesser extent, be considered infill development or redevelopment, thereby replacing a use that currently generates employees. Further, the operations plan identified in Section 17.84.040(F) shall include a cultivation plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; and watershed protection. The operations plan shall also include a description of a legal water source, irrigation plan, and projected water use. Therefore, implementation of the Cannabis Ordinance Project would not substantially decrease groundwater supplies or impede groundwater recharge.
As such, impacts would be less than significant. No mitigation is required. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i) result in substantial erosion or siltation on- or off-site; Less than Significant Impact. Future cannabis businesses associated with the Project could be constructed within existing degraded parcels that do not contain streams or rivers. Erosion and siltation could occur off-site from stormwater runoff due to excavation and stockpiling of soils on-site during construction. As described above, construction of facilities, if needed, would be subject to provisions and conditions of applicable NPDES and SWPPP permits as well as BMPs.
In addition, the increase in stormwater runoff anticipated with the increase of impervious surfaces from the future cannabis businesses would be managed through incorporation of new infrastructure to existing facilities. Further, operations plan identified in Section 17.84.040(F)
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-55 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 shall include a cultivation plan that meets or exceeds minimum legal standards for drainage, runoff, and erosion control.
Therefore, substantial erosion or siltation would not occur as a result of altering drainage patterns including streams and rivers or with the addition of impervious surfaces. As such, impacts would be less than significant. No mitigation is required.
ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite?
Less than Significant Impact. The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, cultivation, manufacture and distribution of cannabis and cannabis products within the City by permitting up to three future cannabis businesses.
Upon completion of the Project, it is anticipated that design and construction would commence on the various facilities, resulting in the addition of impervious surfaces that could increase the rate at which surface water flows on and offsite. However, as described above, the City would comply with the NPDES and SWPPP permitting requirements to collect and convey surface runoff offsite to designated facilities for reuse or recharge. The rate at which surface water runoff would be managed through the addition or upgrade of existing facilities. The impacts would be less than significant and would not result in substantial flooding on or offsite. No mitigation is required.
iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or
Less than Significant Impact. Refer to Sections a), c(i), and c(ii) above. iv) impede or redirect flood flows?
Less than Significant Impact. Refer to Section c) above. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
Less than Significant Impact. The City, except for the area around Walnut Creek in Covina Hills, has not experienced major flooding problems in recent years due to the development of adequate flood control infrastructure. The City does not contain any Special Flood Hazard Areas, and is not located in a tsunami zone due to its distance from the Pacific Ocean. However, due to presence of the upstream Puddingstone Reservoir and Dam complex, and because the City lies in a seismically active region, the City could be susceptible to seiches, which could cause major flooding due to inadequate stormwater catchment and conveyance facilities (Covina, 2000).
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-56 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 As described throughout this section, the City would incorporate design features if needed, for the future cannabis businesses to adequate capture and convey the increase in stormwater runoff. As such, impacts would be less than significant. No mitigation is required. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Less than Significant Impact.
Refer to Sections a) and b) above.
References
City of Covina. 2017. 2015 Urban Water Management Plan. https://covinaca.gov/sites/default/files/fileattachments/public_works/page/451/final_2015_ uwmp_-_city_of_covina.pdf. Accessed September 2022.
City of Covina. 2022. City of Covina General plan, Safety Element, 2000. https://covinaca.gov/sites/default/files/fileattachments/planning_commission/page/1073/safe ty_element.pdf. Accessed September 2022.
City of Covina. 2022. Stormwater Pollution Prevention. 2022. https://covinaca.gov/publicworks/page/stormwater-pollution-prevention. Accessed September 2022.
LARWQCB (Los Angeles County Regional Water Quality Control Board). 2014. Water Quality Control Plan (Basin Plan) 2014.
https://www.waterboards.ca.gov/losangeles/water_issues/programs/basin_plan/2020/Chapt er_1/Chapter_1.pdf. Accessed September 2022.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-57 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Land Use and Planning
Issues (and Supporting Information Sources):
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
XI. LAND USE AND PLANNING — Would the project:
a) Physically divide an established community? ☐ ☐ ☒ ☐
b) Cause a significant environmental impact due to a
conflict with any land use plan, policy, or regulation
adopted for the purpose of avoiding or mitigating an
environmental effect?
☐ ☐ ☒ ☐
Discussion
Would the Project:
a) Physically divide an established community?
Less than Significant Impact. The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, cultivation, manufacture and distribution of cannabis and cannabis products within the City by permitting up to three future cannabis businesses. The amendments to the Zoning Code would require future cannabis businesses to be located within specified commercial or light industrial zones located at least 600 feet from schools, youth centers, daycare centers, and parks. The Cannabis Ordinance Project does not permit future cannabis businesses within residential zones. Specifically, the Cannabis Ordinance Project would permit development of the future cannabis retailers within potential parcels designated as C-3 (Central Business), C-3A (Regional or Community Shopping Center), C-4 (Commercial Zone, Highway) and C-5 (Specified Highway), and future cannabis microbusinesses including cultivation of cannabis on less than 10,000 square feet within potential parcels designated as M-1 (Industrial Zone). The potential parcels for the future cannabis businesses are located in highly urbanized areas of the City which are predominately developed with commercial and light industrial uses, asphalt surface parking lots, and ornamental landscaping and trees. It is anticipated that development of the future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration), or to a lesser extent, be considered infill development or redevelopment within previously developed lots; thereby not substantially altering the current land intensity or land use patterns within the City. Infill development and redevelopment within existing commercial and light industrial uses would not create physical divisions in a community. As such, impacts would be less than significant in this regard. No mitigation is required. b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
Less than Significant Impact. The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, cultivation, manufacture and distribution of
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-58 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 cannabis and cannabis products within the City by permitting up to three future cannabis businesses. The Cannabis Ordinance Project would amend Municipal Code Title 5, Business Licenses and Regulations to add a new Chapter 5.80 to establish the future cannabis business permit regulations and amend Title 17, Zoning, to add a new Chapter 17.84, Cannabis Prohibitions and Regulations, to establish the applicable zoning prohibitions and regulations for the future cannabis businesses. Specifically, the Cannabis Ordinance Project would permit development of the future cannabis retailers within potential parcels designated as C-3 (Central Business), C-3A (Regional or Community Shopping Center), C-4 (Commercial Zone, Highway) and C-5 (Specified Highway), and future cannabis microbusinesses including cultivation of cannabis on less than 10,000 square feet within potential parcels designated as M-1 (Industrial Zone). Employment increases have the potential to generate indirect population growth, as they may draw additional persons and their households to the City. Employees would be generated by the future cannabis businesses associated with the Project, similar to other commercial and light industrial uses. It is anticipated that development of the future cannabis businesses would primarily locate within existing structures, or to a lesser extent, be considered infill development or redevelopment, thereby replacing a use that currently generates employees. The Cannabis Ordinance Project applies on an as-requested, project-by-project basis. As such, the negligible indirect resident population and employment generated from the future cannabis businesses associated with the Project has not yet been determined as specific cannabis projects have not yet been proposed and submitted to the City.
Overall, the Cannabis Ordinance Project would not reduce or eliminate any environmentally protective regulations in the City’s Municipal Code or Zoning Code. The Project does not include any features that would circumvent any mitigation policies in the City’s General Plan. The amendments to the City’s Municipal Code and Zoning Code will guide and regulate future cannabis businesses consistent with the policies and objectives of the City’s General Plan. As such, the Project would not conflict with land use plans, policies, or regulations that have been adopted for the purpose of avoiding or mitigating the environmental effect. Further, the existing environmental protections in the City’s land use plans and policies would remain in place. As such, a less than significant impact would occur in this regard. No mitigation is required.
References
City of Covina. 2022. City of Covina Zoning Code. Available at:
https://www.codepublishing.com/CA/Covina/html/Covina17/Covina17.html. Accessed September 2022.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-59 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Mineral Resources
Issues (and Supporting Information Sources):
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
XII. MINERAL RESOURCES — Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the
residents of the state?
☐ ☐ ☐ ☒
b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local
general plan, specific plan, or other land use plan?
☐ ☐ ☐ ☒
Discussion
Would the Project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? No Impact (a–b). According to the City’s General Plan Natural Resources and Open Space Element, there are currently no extractable mineral resources due to long-term urbanization (Covina, 2000). Further, the City’s Zoning Code prohibits the extraction or production of aggregate mineral resources. In addition, the State Division of Oil and Gas has indicated that there are no significant energy-producing minerals or oil, gas, or geothermal fields within the City (DOC, 2010). Further, the potential parcels are located in a highly urbanized area of the City consist of developed lots generally comprising of commercial and light industrial uses, asphalt surface parking lots, and ornamental landscaping and trees. Therefore, the potential for the loss of a known mineral or locally important mineral resource is low. As such, no impact would occur in this regard.
References
City of Covina. 2000. City of Covina’s General Plan, Natural Resources and Open Space Element, page D-9. Adopted April 18, 2000.
DOC (California Department of Conservation). 2010. San Gabriel Valley P-C Region Showing MRZ-2 (Mineral Resource Zone) Areas and Active Mine Operations. 2010.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-60 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Noise
Issues (and Supporting Information Sources):
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
XIII. NOISE — Would the project result in:
a) Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable
standards of other agencies?
☐ ☐ ☒ ☐
b) Generation of excessive groundborne vibration or
groundborne noise levels?
☐ ☐ ☒ ☐
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a
plan has not been adopted, within two miles of a
public airport or public use airport, would the project expose people residing or working in the project area
to excessive noise levels?
☐ ☐ ☐ ☒
Discussion
Would the Project:
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant Impact. The City’s noise standards are developed from those of several Federal and State agencies including the Federal Highway Administration (FHWA), the USEPA, the Department of Housing and Urban Development (HUD), the American National Standards Institute (ANSI), and the State of California Department of Health Services (DHS).
These standards set limits on the noise exposure level for various land uses.
City of Covina General Plan Noise Element
The California Government Code Section 65302(f) requires that a noise element be included in the General Plan of each county and city in the State. The City of Covina General Plan Noise Element sets the goals and policy direction for the management of noise in the City.
Chapter IV of the City’s General Plan Noise Element states that “the goal is: An environment in which potential adverse impacts of noise on the City’s residents and workers are identified and prevented and mitigated.” The following Policy Areas are relevant to the Project:
Policy Area 1 (Transportation Noise Sources) has the following relevant policies:
The City shall:
1. Examine the noise environment of proposed residential or other noise-sensitive uses located within all 60 dBA Ldn noise contours to ensure compatibility and, pertaining to residential activities, adherence to applicable State noise insulation standards.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-61 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023
2. Attempt to mitigate or eliminate the possible noise problems of proposed residential or other noise-sensitive uses located within all 65 dBA Ldn noise contours to ensure compatibility and, pertaining to residential activities, adherence to applicable State noise insulation standards.
3. Consider “noise-sensitive uses” to include, but not be limited to, all residential housing types, public and private primary and secondary schools, libraries, parks/recreation areas, hospitals/medical facilities, nursing homes, and churches.
4. Consider establishing acceptable limits of noise levels for various land uses throughout the community, in accordance with State guidelines, as a means of determining noisecompatible land uses.
5. Ensure the inclusion of noise-mitigation measures and features in the design, orientation, and routing of new and improved streets and circulation and transportation facilities, where necessary and consistent with funding capability.
6. Require noise-reduction techniques and features in site planning, architectural design, project landscaping, building materials, and/or construction, where necessary or required by law.
14. Require that new or expanded developments minimize the noise impacts of trips that they generate on residential neighborhoods by controlling the location of driveways and parking.
Policy Area 2 (Commercial and Industrial Noise Sources) has the following pertinent policies:
The City shall:
1. Consider establishing acceptable limits of noise levels for various land uses throughout the community, in accordance with State guidelines, as a means of determining noisecompatible land uses.
2. Discourage the location of noise-sensitive land uses in noisy environments.
3. Consider “noise-sensitive uses” to include, but not be limited to, all residential housing types, public and private primary and secondary schools, libraries, parks/recreation areas, hospitals/medical facilities, nursing homes, and churches.
4. Require noise-reduction techniques and features in site planning, architectural design, project landscaping, building materials, and/or construction, where necessary or required by law.
5. Require that parking lots and structures and loading areas be designed to minimize onsite noise impacts and off-site incursions by calling for the use of appropriate walls, buffers, and materials and by insisting upon the configuration of on-site or interior spaces that minimize sound amplification and transmission.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-62 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Policy Area 4 (Construction Noise Sources and General Matters) has the following pertinent policies:
The City shall:
1. Continue implementing the Covina Noise Ordinance to regulate the hours of operation and excessive noise associated with on-site construction activities, particularly activities occurring in or near residential uses, permitting exceptions only under special circumstances.
2. Where necessary, require the construction of barriers to shield noise-sensitive uses from intrusive, construction-related noise.
3. Require that construction activities incorporate feasible and practical techniques, measures, and procedures that minimize the noise impacts on all adjacent uses.
4. Consider requiring sound attenuation devices on construction equipment to reduce noises associated with building activities.
11. Maintain a coordinated, cooperative, and inter-departmental approach in handling various noise-related issues and problems.
12. Endeavor to promote the importance of the General Plan and its implementation to the public, businesses, developers, Covina employees, and other interested parties through appropriate channels.
City of Covina Municipal Code Noise Ordinance
The City’s Noise Ordinance, contained in the Municipal Code, Division IV. Offenses Against Public Peace, Chapter 9.40 Noise, identifies exterior noise standards for any source of sound at any location within the City, and specific noise restrictions, exemptions, and variances for exterior noise sources. Several of the ordinance requirements are applicable to aspects of the project and are discussed below.
The City’s maximum exterior noise standards set forth in the Municipal Code Chapter 9.40, Section 9.40.040 are provided in Table 3-1, City of Covina Sound Level Limit.
TABLE 3-1
CITY OF COVINA SOUND LEVEL LIMIT
Noise Zone Receiving Land Use Category
Daytime Hours
(7 a.m. to 10 p.m.)
dBA
Nighttime Hours
(10 p.m. to 7 a.m.)
dBA
I Residential: estate or agricultural 50 40
II Residential: low density 55 45
III Residential: medium and high density 60 50
IV Commercial 65 55
V Industrial 70 60
SOURCE: City of Covina Municipal Code, Chapter 9.40, Section 9.40.040.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-63 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 For medium and high density residential-zoned areas, the sound level limit is 60 dBA during the daytime and 50 dBA during the nighttime. For commercial-zoned areas, the sound level limit is 65 dBA during the daytime and 55 dBA during the nighttime. The following standards are used to evaluate compliance:
• Standard No. 1: Exterior noise cannot exceed levels set forth in Table 3-1 for a cumulative period of more than 30 minutes in any hour.
• Standard No. 2: Exterior noise cannot exceed levels set forth in Table 3-1 plus 5 dBA for a cumulative period of more than 15 minutes in any hour.
• Standard No. 3: Exterior noise cannot exceed levels set forth in Table 3-1 plus 10 dBA for a cumulative period of more than 5 minutes in any hour.
• Standard No. 4: Exterior noise cannot exceed levels set forth in Table 3-1 plus 15 dBA for a cumulative period of more than one minute in any hour.
• Standard No. 5: Exterior noise cannot exceed levels set forth in Table 3-1 plus 20 dBA at any time.
If the measurement location is on a boundary between a commercial or industrial land use category and a residential category, the noise level limit of the lower category plus five decibels shall apply.
City of Covina Municipal Code Chapter 9.40, Section 9.40.110 Construction, establishes regulations for construction activity within the City.
A. It is unlawful for any person within any residential land use category or within a radius of 500 feet therefrom to operate equipment or perform any outside construction or repair work on any building, structure, or project; or to operate any pile driver, steam shovel, pneumatic hammer, electric saw, grinder, steam or electric hoist, or other construction-type equipment or device between the hours of 8:00 p.m. of any one day and 7:00 a.m. of the next day, at any time on any Sunday or at any time on any public holiday in such a manner that a reasonable person of normal sensitivity residing in the area is caused discomfort or annoyance, unless beforehand a permit therefor has been duly obtained in accordance with the provisions of subsection (B) of this section. No permit shall be required to perform emergency work.
“Public holiday” as used in this subsection shall mean the day upon which each of the following holidays is recognized and celebrated as a holiday by the employees of the city:
Independence Day, Labor Day, Veterans Day, Thanksgiving, Christmas Eve, Christmas Day, New Year’s Eve, New Year’s Day, Washington’s Birthday, Memorial Day, or any other holiday recognized as such by the city.
B. A permit may be issued authorizing the work prohibited by this section whenever it is found that the public interest will be served thereby. An application for such a permit shall be in writing and shall be accompanied by an application fee in an amount that may be set from time to time by a resolution of the city council. The application shall set forth in detail facts showing that the public interest will be served by the issuance of such permit, and the application shall be made to the planning division of the community development department. The chief planning official shall be responsible for the administration and enforcement of the provisions of this section and shall have the authority to issue such permits. He/she shall coordinate the processing of each application for a permit with such departments and divisions as he/she deems will be affected by the issuance of the permit. (Ord. 09-1975 § 1, 2009; Ord. 1665 § 2, 1988.)
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-64 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, cultivation, manufacture and distribution of cannabis and cannabis products within the City by permitting up to three future cannabis businesses. The City, including the commercial and light industrial zoned areas, are highly urbanized and the commercial and light industrial areas are generally located along major roadways. It is anticipated that development of future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration) and that limited, if any, construction activities would occur. However, if the construction of infill development or redevelopment activities would occur, new construction would comply with applicable building codes and regulations regarding noise. Commercial cannabis uses would result in similar noise and vibration levels that result from other commercial and light industrial uses. As with all uses, commercial cannabis activities would be required to comply with the City’s noise standards. The Cannabis Ordinance Project also places prohibitions on cannabis businesses. Section 17.84.070(F) prohibits outdoor commercial cultivation. Section 17.84.150(C) and (D) prohibits excessive noise and excessive vehicular traffic or parking occurring at or near the cannabis business, that could generate excessive noise. Therefore, given the limited development and requirements above, impacts would be less than significant.
The existing noise environment in the City is primarily generated by traffic noise, transit, and typical activity that occurs in an urban environment. The purpose of the Cannabis Ordinance Project is to establish the applicable prohibitions and regulations for the future cannabis businesses. The amendments to the Zoning Code would require future cannabis businesses to be located within specified commercial or light industrial zones located at least 600 feet from schools, youth centers, daycare centers, and parks. The Cannabis Ordinance Project does not permit future cannabis businesses within residential zones. Specifically, the Cannabis Ordinance Project would permit development of the future cannabis retailers within potential parcels designated as C-3 (Central Business), C-3A (Regional or Community Shopping Center), C-4 (Commercial Zone, Highway) and C-5 (Specified Highway), and future cannabis microbusinesses including cultivation of cannabis on less than 10,000 square feet within potential parcels designated as M-1 (Industrial Zone). The principal sources of noise from commercial cannabis activities would be generated by heating, ventilation, and air conditioning (HVAC) systems, vehicle trips by employee and customer trips to and from a facility, and delivery of goods and equipment. No increase in noise is anticipated from the residential cultivation as the Ordinance would limit activity to the cultivation of up to six plants on the grounds of a private residence within a residential zone. Noise generated by commercial cannabis activities would be similar to other commercial and industrial uses and would be characteristic of and included within the existing noise environment. Any future commercial cannabis facilities would be required to comply with the City’s noise ordinance.
b) Generation of excessive groundborne vibration or groundborne noise levels? Less than Significant Impact. With regard to vibration, the City has not adopted policies or guidelines relative to groundborne vibration. However, Caltrans has developed a guidance
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-65 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 manual for evaluating potential vibration impacts (“Transportation and Construction Vibration Guidance Manual” dated April 2020). The manual gathers data from multiple sources including the Federal Transit Administration (FTA). The FTA has also developed a guidance manual for evaluating potential vibration impacts (“Transit Noise and Vibration Impact Assessment Manual” dated September 2018). The guidance manuals provide thresholds for potential impacts on human comfort and damage to buildings, as well as guidance for reducing potential vibration impacts and addressing vibration issues. For example, potential building damage criteria range from 0.12 inches per second (in/sec) peak particle velocity (PPV) for buildings extremely susceptible to vibration damage to 0.5 in/sec PPV for reinforced-concrete, steel or timber (no plaster).
The retail and manufacturing of commercial cannabis that would be allowed by the Project would not generate groundborne vibration or noise. Thus, the Project would not result in activity that would expose people to or generate excessive groundborne vibration or groundborne noise levels.
In addition, the Project would not result in a substantial permanent increase in ambient noise levels above levels existing without the Project. While it is anticipated that commercial cannabis businesses including cultivation of cannabis on less than 10,000 square feet would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration), some construction activities could occur that could generate temporary or periodic increase in ambient noise levels. However, any construction activities would be required to comply with applicable City noise regulations. Therefore, noise impacts and vibration would be less than significant.
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
No Impact. Future cannabis businesses associated with the Project would not result in impacts relevant to airport land use plans, airports, or private airstrips as the Project is not located within the vicinity of a private airstrip, airport land use plan, or public or public use airport. The nearest airport to the potential parcels is Brackett Field Airport which is not located within two miles of the potential parcels. No impacts would occur in this regard.
References
California Government Code Section 65302(f), ARTICLE 5. Authority for and Scope of General Plans [65300 - 65303.4], 1965.
Caltrans (California Department of Transportation). 2020. Transportation and Construction Vibration Guidance Manual. April.
City of Covina. 2000. General Plan Noise Element. April.
City of Covina. First adopted 1988, last update 2022. Municipal Code, Chapter 9.40.
FHWA (Federal Highway Administration). 2006. Roadway Construction Noise Model User’s Guide.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-66 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 FTA (Federal Transit Administration). 2018. Transit Noise and Vibration Impact Assessment.
September.
USEPA (U.S. Environmental Protection Agency). 1974. EPA Identifies Noise Levels Affecting Health and Welfare. April.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-67 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Population and Housing
Issues (and Supporting Information Sources):
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
XIV. POPULATION AND HOUSING — Would the project:
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new
homes and businesses) or indirectly (for example,
through extension of roads or other infrastructure)?
☐ ☐ ☒ ☐
b) Displace substantial numbers of existing people or
housing, necessitating the construction of
replacement housing elsewhere?
☐ ☐ ☐ ☒
Discussion
Would the Project:
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
Less than Significant Impact. According to the SCAG forecasted projections, the City is anticipated to experience growth of 1,500 residents, 800 households, and 2,600 jobs between 2016 and 2045 (SCAG, 2020). Regional employment projections are based on General Plan buildout for jurisdictions. Adoption of the Project would not amend General Plan designations and therefore, would not change regional growth projections. The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, cultivation, manufacture and distribution of cannabis and cannabis products within the City by permitting up to three future cannabis businesses. Since the Project would not propose residential uses, implementation of the Project would not directly generate population growth within the City.
Employment increases have the potential to generate indirect population growth, as they may draw additional persons and their households to the City. Employees would be generated by the future cannabis businesses associated with the Project, similar to other commercial and light industrial uses. It is anticipated that development of the future cannabis businesses would primarily locate within existing structures, or to a lesser extent, be considered infill development or redevelopment, thereby replacing a use that currently generates employees. The Cannabis Ordinance Project applies on an as-requested, project-by-project basis. As such, the negligible indirect residential population and employment generated from the future cannabis businesses associated with the Project has not yet been determined as specific cannabis projects have not yet been proposed and submitted to the City. While precise employment numbers are unknown at this time, the number of new employment opportunities are anticipated to be filled by current residents in the City. Therefore, any net growth in employment that would result from implementation of the Project would be within the SCAG projections and would not induce substantial population growth in the area either directly or indirectly. Impacts related to population growth would be less than significant. Further, the future cannabis businesses associated with the Project would not include any type of roadway or other major infrastructure improvements that could indirectly generate population growth.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-68 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
No Impact. The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, cultivation, manufacture and distribution of cannabis and cannabis products within the City by permitting up to three future cannabis businesses. The Cannabis Ordinance Project does not permit future cannabis businesses within residential zones.
Specifically, the Cannabis Ordinance Project would permit development of the future cannabis retailers within potential parcels designated as C-3 (Central Business), C-3A (Regional or Community Shopping Center), C-4 (Commercial Zone, Highway) and C-5 (Specified Highway), and future cannabis microbusinesses including cultivation of cannabis on less than 10,000 square feet within potential parcels designated as M-1 (Industrial Zone). The potential parcels for the future cannabis businesses are located in highly urbanized areas of the City predominantly developed with commercial and light industrial uses, asphalt surface parking lots, and ornamental landscaping and trees. As such, implementation of the Project would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere. No impact would occur in this regard.
References
SCAG (Southern California Association of Governments). 2020. Demographics and Growth Forecast. Available at: https://scag.ca.gov/read-plan-adopted-final-connect-socal-2020.
Accessed September 2022.
U.S. Census Bureau. 2021. United States Census Bureau, QuickFacts, Covina City, California.
Population Estimates, July 1, 2021.
https://www.census.gov/quickfacts/covinacitycalifornia. Accessed September 2022.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-69 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Public Services
Issues (and Supporting Information Sources):
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
XV. PUBLIC SERVICES —
a) Would the project result in substantial adverse
physical impacts associated with the provision of new
or physically altered governmental facilities, need for new or physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times or other
performance objectives for any of the following public
services:
i) Fire protection? ☐ ☐ ☒ ☐
ii) Police protection? ☐ ☐ ☒ ☐
iii) Schools? ☐ ☐ ☒ ☐
iv) Parks? ☐ ☐ ☒ ☐
v) Other public facilities? ☐ ☐ ☒ ☐
Discussion
Would the Project:
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services:
i) Fire protection?
Less than Significant Impact. Fire protection and emergency medical services for the City, including the potential parcels for the future cannabis locations, are provided by the LACFD, who is contracted with the City. The LACFD provides 24-hour, all-risk emergency services to a population of approximately 4.1 million residents living and working in 60 cities and all of the County’s unincorporated communities in a service area of approximately 2,311 square miles. The LACFD is comprised of the Emergency Operations Bureau, the Business Operations Bureau, and the Leadership and Professional Standards Bureau. The emergency operations field divisions are comprised of the North Region, the Central Region, and the East Region within the LACFD service area, which are divided into nine divisions and 22 battalions (LACFD, 2021). The LACFD provides emergency services in response to a wide range of incidents including structure fires, wildfires, commercial fires, hazardous materials incidents, urban search and rescue, and swift water rescue. In 2020, the LACFD responded to a total of 379,517 incidents which included 307,025 emergency medical responses, 9,813 fire incidents (i.e., structures, vehicles, rubbish, brush/grass, outside storage, and miscellaneous property), and 62,679 other incidents (i.e., false alarms, mutual aid provided, hazardous materials, and miscellaneous incidents). In 2020, the
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-70 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 LACFD lifeguard division responded to 26,103 incidents which included medical calls, ocean rescues, missing persons, boat rescues/distress, oxygen therapy, and drownings. The LACFD consists of approximately 4,775 personnel including chief officers, captains, firefighter specialists, firefighter paramedics, firefighters, call firefighters, fire suppression aides, pilots, administrative support, lifeguards, dispatchers, foresters, and hazardous materials specialists. The LACFD is comprised of 177 fire stations with 228 engine companies (i.e., type I, type III, and type VI), 34 truck companies (i.e., quints and light forces), 112 paramedic units (i.e., squads, assessment engines, air squads, and assessment quint/light force), and reserve equipment. The lifeguard division includes 24 lifeguard stations, 159 lifeguard towers, 58 beach patrol vehicles, 8 rescue boats, 2 paramedic rescue boats, and 2 baywatch paramedic squads. The air and wildland division includes 10 helicopters, 9 fire suppression camps, 18 fire suppression crews, and 19 pieces of heavy equipment (i.e., excavators, heavy dump trucks, track loaders, and rubber tire loaders) (LACFD, 2020).
The City, including the potential parcels for the future cannabis businesses, are located within Division II of the East Region’s emergency operations field division. Division II includes Battalions No. 2 and 16 and serves the cities of Azusa, Baldwin Park, Bradbury, Claremont, Covina, Duarte, Glendora, Irwindale, and San Dimas. Three LACFD fire stations provide fire protection and emergency medical services for the City, including the potential parcels: Fire Station No. 152, located at 807 Cypress Street, Covina; Fire Station No. 153, located at 1577 East Cypress Street, Covina; and Fire Station No. 154, located at 401 North Second Avenue, Covina (LACFD, 2020). The LACFD operates under a regional concept in its approach to providing fire protection and emergency medical services, wherein emergency response units are dispatched as needed to an incident anywhere in the LACFD’s service territory based on distance and availability, without regard to jurisdictional or municipal boundaries.
Construction
It is anticipated that development of the future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration) and that limited, if any, construction activities would occur. However, if the construction of infill development or redevelopment of future cannabis businesses were to occur, construction activities may temporarily increase the demand for fire protection and emergency medical services, and may cause the occasional exposure of combustible materials, such as wood, plastics, sawdust, coverings and coatings, to heat sources including machinery and equipment sparking, exposed electrical lines, welding activities, and chemical reactions in combustible materials and coatings. However, in compliance with the requirements of the Occupational Safety and Health Administration (OSHA), all construction managers and personnel would be trained in fire prevention and emergency response. Further, fire suppression equipment specific to construction would be maintained on the potential parcels. As applicable, construction activities of future cannabis businesses associated with the Project would be required to comply with the 2022 CBC and the 2019 CFC, of which the City has adopted as the City’s Fire Code.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-71 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Construction activities for future cannabis businesses may involve temporary lane closures for curbside improvements (e.g., sidewalks, driveways, underground facilities and infrastructure).
Construction-related traffic could result in increased travel time due to flagging or stopping of traffic to accommodate trucks entering and exiting the potential parcels during construction. As such, construction activities could increase response times for emergency vehicles to local business and/or residences within the surrounding areas, due to travel time delays to through traffic. However, the impacts of such construction activity would be temporary and on an intermittent basis. Further, a Construction Management Plan for future cannabis businesses associated with the Project would be prepared in order to minimize disruptions to through traffic flow, maintain emergency vehicle access to the potential parcels and neighboring land uses, and schedule worker and construction equipment delivery to avoid peak traffic hours. As a component of the Construction Management Plan, the times of day and locations of all temporary lane closures would be coordinated so that they do not occur during peak periods of traffic congestion, to the extent feasible. Truck routes for material and equipment deliveries, as well as for soil export and disposal, would require approval by the City’s Public Works Department prior to construction activities. The Construction Management Plan would be prepared for review and approval prior to commencement of any construction activity. These practices, as well as techniques typically employed by emergency vehicles to clear or circumvent traffic (i.e., lights and sirens), are expected to limit the potential for significant delays in emergency response times during construction of the future cannabis businesses. Therefore, impacts regarding emergency response times and emergency access during construction of future cannabis businesses associated with the Project would be less than significant. No mitigation is required.
Operation
The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, cultivation, manufacture and distribution of cannabis and cannabis products within the City by permitting up to three future cannabis businesses. As discussed in Section XIV, Population and Housing, it is anticipated that development of the future cannabis businesses would primarily locate within existing structures, or to a lesser extent, be considered infill development or redevelopment, thereby replacing a commercial or light industrial use that currently generates employees. Implementation of the Project could result in a negligible increase in indirect residential population, temporary and permanent employment, and visitors in the City which could increase the demand for fire protection and emergency medical services. As discussed above, three LACFD fire stations provide fire protection and emergency medical services for the City, including the potential parcels (LACFD, 2020). The LACFD operates under a regional concept in its approach to providing fire protection and emergency medical services, wherein emergency response units are dispatched as needed to an incident anywhere in the LACFD’s service territory based on distance and availability, without regard to jurisdictional or municipal boundaries. Due to the close proximity of multiple fire stations to the potential parcels, service calls are anticipated to be responded to within LACFD’s desired response times.
Future cannabis businesses associated with the Project would be subject to compliance with fire protection design standards, as necessary, per the 2022 CBC, 2019 CFC, and LACFD, to ensure adequate fire protection and emergency medical services. The LACFD’s standard conditions of approval generally require that plans for building construction, fire flow requirements, fire
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-72 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 protection devices (i.e., fire sprinklers and alarms), fire hydrants and spacing, fire access including ingress/egress, turning radii, driveway width, and grading would be prepared for review and approval by the City and LACFD. It is anticipated that the development of the future cannabis businesses associated with the Project would primarily locate within existing structures or to be considered infill development or redevelopment and would likely replace an existing building of similar type and intensity, thereby not substantially altering the current land use intensity or land use patters within the City. Further, improvement plans of future cannabis businesses would be subject to review and approval by the City and LACFD at the time such development is proposed. As such, impacts regarding fire protection and medical services would be less than significant. No mitigation is required.
ii) Police protection?
Less than Significant Impact. Police protection services for the City are provided by the CPD.
The CPD is comprised of the Operations Division and the Police Support Services Division. The Operations Division is comprised of eight divisions, which include patrol, service area policing, traffic unit, school resource officers, Covina Jail, helicopter support, special response team, and parking enforcement. The Administration Services Division supports the CPD and is comprised of investigations, police records, police communications, police administration, crime prevention, and animal control (CPD, 2022). The CPD police station is located at 444 North Citrus Avenue.
Construction
As discussed above, it is anticipated that development of the future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration) and that limited, if any, construction activities would occur. However, if the construction of infill development or redevelopment of future cannabis businesses were to occur, equipment and building materials could be temporarily stored on-site, which could result in theft, graffiti, and vandalism. However, the potential sites are located in areas with high vehicular activity from adjacent roadways. In addition, future construction sites would be fenced along the perimeter, with the height and fence materials subject to review and approval by the City’s Public Works Department. As discussed above, temporary lane closures may be required for curbside improvements (e.g., sidewalks, driveways, underground facilities and infrastructure). However, these closures would be temporary in nature and in the event of partial lane closures, both directions of travel on area roadways and access to the potential parcels would be maintained.
Further, as discussed above, a Construction Management Plan for future cannabis businesses associated with the Project would be prepared in order to minimize disruptions to through traffic flow, maintain emergency vehicle access to the potential parcels and neighboring land uses, and schedule worker and construction equipment delivery to avoid peak traffic hours. Emergency vehicle drivers have a variety of options for avoiding traffic, such as using their sirens to clear a path of travel or driving in the lanes of opposing traffic. Given the visibility of the potential parcels from adjacent roadways and surrounding properties, existing CPD presence in the City, maintained emergency access, and construction fencing, the Project is not expected to increase demand on existing police services to a meaningful extent. As such, future cannabis businesses
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-73 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 associated with the Project would have a less than significant temporary impact on police protection during the construction phases. No mitigation is required.
Operation
The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, cultivation, manufacture and distribution of cannabis and cannabis products within the City by permitting up to three future cannabis businesses.
As discussed in Section XIV, Population and Housing, it is anticipated that development of the future cannabis businesses would primarily locate within existing structures, or to a lesser extent, be considered infill development or redevelopment, thereby replacing a commercial or light industrial use that currently generates employees. Implementation of the Project could result in a negligible increase in indirect residential population, temporary and permanent employment, and visitors in the City which could increase the demand for police protection. With future cannabis businesses on the potential parcels, patrol routes in the immediate area would be slightly modified to include the potential parcels, as necessary. For retailers that sell adult-use cannabis and cannabis products, hours of operations would be 9:00 a.m. to 9:00 p.m. and would provide access only to individuals over 21 years of age or 18 years of age if the individual possesses a doctor’s recommendation. Pursuant to SB 1186, the City will not be restricting the hours of operation of a cannabis retailer that sells medicinal cannabis or medicinal cannabis products. Restrooms would remain locked and the inventory areas shall always remain secured. Resale, loitering onsite, and drive-through sales would be prohibited. Security features shall include, but not be limited to, security fencing, security lighting, well-maintained exterior areas, after-hours security, secured storage areas for products, panic buttons, security alarm systems, video surveillance, 24-hour security personnel, controlled entrance to the future cannabis businesses, track/trace system for products, and emergency plans. Consumption of cannabis, alcohol, and tobacco onsite would be prohibited. For delivery, businesses may only deliver to customers within a city or county that does not expressly prohibit delivery by ordinance. Pursuant to SB 1186, a city or county may not restrict the delivery of medicinal cannabis or medicinal cannabis products to qualified patients or their primary caregivers. The Cannabis Ordinance requires an approved operations plan related to vehicle security and protection of employees and product during loading and in transit. To ensure that police protection considerations are incorporated into the Project design, prior to issuance of building permits for future cannabis businesses, the CPD would be provided the opportunity to review and comment upon improvement plans in order to facilitate opportunities for improved emergency access and response; ensure the consideration of design strategies that facilitate public safety and police surveillance; and other specific design recommendations to enhance public safety and reduce potential demands upon police protection services. It is anticipated that the development of the future cannabis businesses associated with the Project would primarily locate within existing structures or to be considered infill development or redevelopment and would likely replace an existing building of similar type and intensity, thereby not substantially altering the current land use intensity or land use patters within the City. Further, improvement plans of future cannabis businesses would be subject to review and approval by the City and CPD at the time such development is proposed. As such, impacts regarding police protection services would be less than significant. No mitigation is required.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-74 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 iii) Schools?
Less than Significant Impact. The need for new school facilities is typically associated with a population increase that generates an increase in enrollment large enough to cause new schools to be constructed. The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, cultivation, manufacture and distribution of cannabis and cannabis products within the City by permitting up to three future cannabis businesses. Since the Project would not propose residential uses, implementation of the Project would not directly generate population growth within the City. Employment increases have the potential to generate indirect population growth, as they may draw additional persons and their households to the City. It is anticipated that development of the future cannabis businesses would primarily locate within existing structures, or to a lesser extent, be considered infill development or redevelopment, thereby replacing a commercial or light industrial use that currently generates employees.
Implementation of the Project could result in a negligible increase in indirect residential population, temporary and permanent employment, and visitors in the City which could increase the demand for schools. The Cannabis Ordinance Project applies on an as-requested, project-byproject basis. As such, the negligible indirect resident population and employment generated from the future cannabis businesses associated with the Project has not yet been determined as specific cannabis projects have not yet been proposed and submitted to the City. It is anticipated that the potential parcels of the future cannabis business would be served by different schools, which would lessen the number of students that each school would support. Pursuant to Education Code Section 17620 and California Government Code Section 65995, development impact fees may be levied for residential, commercial, and industrial construction. Further, as stated in California Government Code Section 65996, payment of school impact fees in accordance with California Government Code Section 65995 and/or Education Code Section 17620 is deemed to constitute full and complete mitigation for potential impacts to schools caused by development. As such, impacts regarding schools would be less than significant. No mitigation is required. iv) Parks?
Less than Significant Impact. The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, cultivation, manufacture and distribution of cannabis and cannabis products within the City by permitting up to three future cannabis businesses. Since the Project would not propose residential uses, implementation of the Project would not directly generate population growth within the City. Employment increases have the potential to generate indirect population growth, as they may draw additional persons and their households to the City. It is anticipated that development of the future cannabis businesses would primarily locate within existing structures, or to a lesser extent, be considered infill development or redevelopment, thereby replacing a commercial or light industrial use that currently generates employees. Implementation of the Project could result in a negligible increase in indirect residential population, temporary and permanent employment, and visitors in the City could use nearby parks facilities. The City’s park system consists of nine parks and two ball fields. The City owns seven of nine parks, two parks are leased from the CVUSD, and recreational activities in the ball fields are conducted under leases with the Charter Oak Unified School District (COUSD).
The parks in the City vary in size and facilities from the Three Oak Park, a 0.2-acre passive area
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-75 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 oriented for employees of an adjacent office park in the southeastern portion of the City, to Wingate Park, a 16-acre park which contains ball fields, basketball courts, tennis courts, a roller rink, trails and picnic areas in the eastern portion of the City. Covina Park, a 10-acre multiamenity facility located west of the City’s downtown, is the City’s oldest and most heavily used park. Additionally, the 11-acre Walnut Creek Regional Park, which is owned and operated by the County, lies within the City limits. At the time of adoption of the City’s General Plan, the City had 1.3 acres of open space for every 1,000 residents. This ratio is considered significantly below the National Park and Recreation Association’s guideline of 2.5-4.0 acres of parkland for every 1,000 residents (Covina, 2000). While the City is currently deficient in parkland acreage, implementation of the Project would not substantially exacerbate this issue. It is anticipated that the potential parcels of the future cannabis business would be served by different parks, which would lessen the number of indirect residents, temporary and permanent employees, and visitors that each park facility would support. Further, project applicants of future cannabis businesses associated with the Project would be required to pay development fees that would help support park facilities. Payment of fees would help address any incremental increase in demand for parks facilities that may be caused by future cannabis businesses. As such, impacts regarding parks would be less than significant. No mitigation is required. v) Other public facilities?
Less than Significant Impact. Library services within the city are provided by the Covina Public Library, located at 234 North Second Avenue. The negligible residents, temporary and permanent employees, and visitors generated from future cannabis businesses associated with the Project could use the library facilities and services, but the increase in use would not be significant relevant to the Citywide demand. Further, project applicants of future cannabis businesses associated with the Project would be required to pay development fees that would help support library facilities and services. As such, impacts regarding libraries would be less than significant.
The negligible residents, temporary and permanent employees, and visitors generated from the future cannabis businesses associated with the Project would utilize and, to some extent, impact the maintenance of public facilities, including roads. However, it is not anticipated that development of the Project would significantly increase the use of government services beyond current levels. Construction activities would result in temporary increased use of the surrounding roads. However, the use of such facilities would not require maintenance beyond normal requirements. The project applicants of future cannabis businesses associated with the Project would be required to pay all applicable impact fees of the City. Overall, less than significant impacts to governmental services, including roads, would occur. No mitigation is required.
References
City of Covina. 2000. City of Covina’s General Plan, Natural Resources and Open Space Element, adopted April 18, 2000.
CPD (City of Covina Police Department). 2022. City of Covina Police Department Website.
Police Operations Division Website, https://covinapd.org/ and https://covinapd.org/services/. Accessed September 2022.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-76 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 LACFD (Los Angeles County Fire Department). 2021. Los Angeles County Fire Department Overview Booklet, August 2021, https://fire.lacounty.gov/wpcontent/uploads/2021/09/Department-Overview-Booklet_single-pages_9.09.21-A.pdf.
Accessed September 2022.
LACFD. 2020. Los Angeles County Fire Department 2020 Statistical Summary, https://fire.lacounty.gov/wp-content/uploads/2021/06/2020-Statistical-Summary-FINALDRAFT.pdf. Accessed September 2022.
State of California Enrollment Certification/Projection School Facility Program, revised June 2008, https://www.dgsapps.dgs.ca.gov/OPSC/ab1014/sab50-01instructions.pdf. Accessed September 2022.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-77 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Recreation
Issues (and Supporting Information Sources):
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
XVI. RECREATION —
a) Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the facility would occur or be accelerated?
☐ ☐ ☒ ☐
b) Does the project include recreational facilities or
require the construction or expansion of recreational
facilities which might have an adverse physical effect
on the environment?
☐ ☐ ☐ ☒
Discussion
Would the Project:
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
Less than Significant Impact. The negligible residents, temporary and permanent employees, and visitors generated from future cannabis businesses of the Project could use nearby park and recreational facilities. The City’s park system consists of nine parks and two ball fields.
Additionally, the 11-acre Walnut Creek Regional Park, which is owned and operated by the County, lies within the City limits. The City has a limited trail-related network that supplements the park system, include a few streets that are designated as bicycle ways and two equestrian/hiking trails that run through the City. As discussed under Section XV, Public Services, at the time of adoption of the City’s General Plan, the City had 1.3 acres of open space for every 1,000 residents. This ratio is considered significantly below the National Park and Recreation Association’s guideline of 2.5-4.0 acres of parkland for every 1,000 residents. As such, the City is currently deficient in parkland acreage (Covina, 2000). It is anticipated that the potential parcels of the future cannabis business would be served by different parks, which would lessen the number of indirect residents, temporary and permanent employees, and visitors that each park facility would support. Further, project applicants of future cannabis businesses associated with the Project would be required to pay development fees that would help support parks and recreational facilities. Payment of fees would help address any incremental increase in demand for parks and recreational facilities that may be caused by future cannabis businesses. As such, impacts regarding recreational facilities would be less than significant. No mitigation is required.
b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?
No Impact. The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, cultivation, manufacture and distribution of cannabis and cannabis
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-78 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 products within the City by permitting up to three future cannabis businesses. The Cannabis Ordinance Project would amend Municipal Code Title 5, Business Licenses and Regulations to add a new Chapter 5.80 to establish the future cannabis business permit regulations and amend Title 17, Zoning, to add a new Chapter 17.84, Cannabis Prohibitions and Regulations, to establish the applicable zoning prohibitions and regulations for the future cannabis businesses. The future cannabis businesses do not include recreational facilities and do not require the construction or expansion of recreational facilities. As such, no impacts would occur in this regard.
References
City of Covina. 2000. City of Covina’s General Plan, Natural Resources and Open Space Element, adopted April 18, 2000.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-79 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Transportation
Issues (and Supporting Information Sources):
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
XVII. TRANSPORTATION — Would the project:
a) Conflict with a program plan, ordinance or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?
☐ ☐ ☒ ☐
b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?
☐ ☐ ☒ ☐
c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
☐ ☐ ☒ ☐
d) Result in inadequate emergency access? ☐ ☐ ☒ ☐
Discussion
Would the Project:
a) Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Less than Significant Impact. The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, cultivation, manufacture and distribution of cannabis and cannabis products within the City by permitting up to three future cannabis businesses. The Cannabis Ordinance Project would amend Municipal Code Title 5, Business Licenses and Regulations, to add a new Chapter 5.80 to establish the future cannabis business permit regulations and amend Title 17, Zoning, to add a new Chapter 17.84, Cannabis Prohibitions and Regulations, to establish the applicable zoning prohibitions and regulations for the future cannabis businesses. Specifically, the Cannabis Ordinance Project would permit development of the future cannabis retailers within potential parcels designated as C-3 (Central Business), C-3A (Regional or Community Shopping Center), C-4 (Commercial Zone, Highway) and C-5 (Specified Highway), and future cannabis microbusinesses including cultivation of cannabis on less than 10,000 square feet within potential parcels designated as M-1 (Industrial Zone). Trips would be generated by the future cannabis businesses, including distribution and deliveries, associated with the Project, similar to other commercial and light industrial uses. It is anticipated that development of the future cannabis businesses would primarily locate within existing structures, or to a lesser extent, be considered infill development or redevelopment, thereby replacing a use that currently generates trips. Commercial cannabis uses that occur as a result of the Project would be required to adhere to adopted policies and regulations that reduce the number of vehicle trips associated with vehicle miles traveled (VMT). Further, the Cannabis Ordinance Project applies on an as-requested, project-by-project basis. As such, the types and sizes of future cannabis businesses associated with the Project cannot be determined until specific projects have been proposed and submitted to the City. Therefore, the Project is not anticipated to substantially increase the amount of vehicle traffic or conflict with a program plan, ordinance or
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-80 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. A less than significant impact would occur in this regard. b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?
Less than Significant Impact. The City adopted their VMT Thresholds in June 2020, which established the following screening criteria for certain land development projects that would be presumed to result in a less than significant VMT impact:
1. Local-serving retail less than 50,000 square feet (sf), including schools, daycare, student housing, etc.;
2. Small projects generating less than 110 trips per day;
3. Residential and office projects located in areas with low-VMT;
4. Projects near transit stations or a major transit stop that is located along a high quality transit corridor; or
5. Residential projects with a high percentage of affordable housing.
The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, cultivation, manufacture and distribution of cannabis and cannabis products within the City by permitting up to three future cannabis businesses. The Cannabis Ordinance Project would permit development of the future cannabis retailers within potential parcels designated as C-3 (Central Business), C-3A (Regional or Community Shopping Center), C-4 (Commercial Zone, Highway) and C-5 (Specified Highway), and future cannabis microbusinesses including cultivation of cannabis on less than 10,000 square feet within potential parcels designated as M-1 (Industrial Zone). It is anticipated that development of the future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration), or to a lesser extent, be considered infill development or redevelopment within previously developed lots. According to the screening criteria above, the new cannabis businesses permitted under the Project would not apply under screening criteria 3 or 5 as the new businesses would not include an office or residential component.
However, the future cannabis businesses including cultivation on less than 10,000 square feet associated with the Project could be screened out from further VMT analysis under screening criteria 1 as the Project would constitute as local-serving retail uses and are anticipated to have relatively small building footprints. While the size and location of the new cannabis businesses are unknown at this time, it is reasonable to assume that the new businesses could be less than 50,000 square feet, which would screen the project out of further VMT analysis. In addition, due to the potentially small size of the future cannabis businesses, it is anticipated that the future cannabis businesses would not substantially increase existing vehicle trips on the City’s roadway system as these projects primarily locate within existing structures, or to a lesser extent, be considered infill development or redevelopment, thereby replacing a commercial or light industrial use that currently generates trips. Therefore, if the future cannabis businesses could
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-81 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 demonstrate that trips generated by the new businesses could be less than 110 trips per day, screening criteria 2 would apply. Lastly, if the future cannabis businesses would be located near a transit station or along a high quality transit corridor, then the Cannabis Ordinance Project would be screened out for further VMT analysis under screening criteria 4.
While it is expected that the future cannabis businesses associated with the Project would be screened out based on application of screening criteria 2, 3, or 4, the Cannabis Ordinance Project would be required to demonstrate that it meets the screening criteria during the project entitlement process. In the event that a future cannabis business cannot be screened out from further VMT analysis, then a project-specific VMT analysis would be conducted to demonstrate the project’s impacts to VMT in accordance with City regulations. If impacts are determined to be significant, mitigation measures would be identified to reduce impacts to a less than significant level, as feasible. Therefore, based on the application of the screening levels and compliance with City’s VMT Thresholds, the Project would result in less than significant impacts to VMT. c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less than Significant Impact. It is anticipated that development of the future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration) and that limited, if any, construction activities would occur. If construction activities were to occur, it is expected that the majority of construction activities for future cannabis businesses associated with the Project would be mostly confined on-site. However, construction activities could encroach into the public right-of-way along roadways adjacent to the potential parcels while curbside improvements are being made (e.g., sidewalks, driveways, underground facilities and infrastructure). In addition, slow-moving and large construction vehicles may be present in and around the potential parcels, which could reduce visibility and increase roadway congestion for other roadway users. However, in accordance with the City’s Public Works Department, construction contractors would develop a Construction Management Plan, subject to City review and approval, that would ensure that safe travel conditions are maintained for vehicles, bicycles, pedestrians, and transit vehicles. Therefore, construction of the Project would not introduce any geometric design features or incompatible uses, and this impact would be less than significant.
Future cannabis businesses associated with the Project would not make any modifications to the public roadway network, as all development would occur within existing parcels. Conceptual onsite circulation for the potential parcels that could be developed with implementation of the Project have not yet been developed. As detailed on-site circulation designs are developed, any new or reconfigured driveways and internal circulation would need to comply with the City’s Engineering Standards, which include design specifications to ensure safe and efficient travel of vehicles, bicycles, pedestrians, and transit vehicles. Therefore, the Project would not introduce any geometric design features or incompatible uses, and this impact would be less than significant. No mitigation is required.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-82 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 d) Result in inadequate emergency access?
Less than Significant Impact. The potential parcels for the future cannabis businesses are located in an established urban area that is well served by the surrounding roadway network. While it is expected that the majority of construction activities associated with future cannabis businesses associated with the Project would be mostly confined on-site, construction activities may involve temporary lane closures along roadways adjacent to the potential parcels while curbside improvements are being made (e.g., sidewalks, driveways, underground facilities and infrastructure). However, through-access for drivers, including emergency personnel, along all roadways will still be provided. In these instances, the construction contractors of future cannabis businesses associated with the Project would implement traffic control measures (e.g., construction flagmen, signage, etc.) consistent with required City encroachment permit(s) to maintain flow and access. Furthermore, in accordance with the City’s Public Works Department, construction contractors would develop a Construction Management Plan, subject to City review and approval, that includes designation of a haul routes to ensure that adequate emergency access is maintained during construction. Therefore, construction of the Project is not expected to result in inadequate emergency access, and a less than significant construction impact would occur.
With respect to operation of the Project, the LACFD, which provides fire and paramedic services for the City, and other relevant City departments would review the final design and on-site circulation of future cannabis businesses associated with the Project, to ensure that there is adequate emergency access. Therefore, operation of the Project is not expected to result in inadequate emergency access, and a less than significant construction impact would occur. No mitigation is required.
References
City of Covina. 2020. Planning Commission Resolution No. 2020-011PC – Recommending to the City Council to adopt Vehicle Miles Traveled (VMT) Threshold of Significance for the purposes of analyzing transportation impacts under the California Environmental Quality Act (CEQA). Available at:
https://covinaca.gov/sites/default/files/fileattachments/planning_commission/meeting/9201/ doc.pdf. Accessed August 26, 2022.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-83 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Tribal Cultural Resources
Issues (and Supporting Information Sources):
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
XVIII. TRIBAL CULTURAL RESOURCES —
a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a
site, feature, place, cultural landscape that is
geographically defined in terms of the size and scope
of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that
is:
i) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in Public
Resources. Code Section 5020.1(k), or
☐ ☐ ☐ ☒
ii) A resource determined by the lead agency, in its
discretion and supported by substantial evidence,
to be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code
Section 5024.1. In applying the criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1, the lead agency shall consider the
significance of the resource to a California Native
American tribe.
☐ ☐ ☐ ☒
Discussion
Would the Project:
a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources. Code Section 5020.1(k), or
ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.
No Impact (ai–aii). The City was required to conduct tribal consultation in accordance with AB
52. The City mailed out one AB 52 consultation letter to the Gabrieleño Band of Mission Indians – Kizh Nation on August 16, 2022. The letter provided a brief description of the Project and its location, with maps, the City’s contact information, and a notification that the tribe has 30 days to
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-84 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 request consultation pursuant to PRC section 21080.3.1. No response to the letter was received.
The AB 52 Native American consultation documentation is provided in Appendix A, of this IS/MND. As no tribal cultural resources were identified, the Project would have no impact on tribal cultural resources. Nevertheless, future cannabis businesses associated with the Project would be required to comply with applicable federal, state, and local regulations and, as appropriate, to undergo the City’s discretionary review process, including completion of subsequent project-level planning and environmental review under CEQA. These projects would similarly require compliance with AB 52 to ensure that tribal cultural resources are properly identified.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-85 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Utilities and Service Systems
Issues (and Supporting Information Sources):
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
XIX. UTILITIES AND SERVICE SYSTEMS —
Would the project:
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or
storm water drainage, electric power, natural gas, or
telecommunications facilities, the construction or
relocation of which could cause significant
environmental effects?
☐ ☐ ☒ ☐
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future
development during normal, dry and multiple dry
years?
☐ ☐ ☒ ☐
c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it
has adequate capacity to serve the project’s projected
demand in addition to the provider’s existing
commitments?
☐ ☐ ☒ ☐
d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of
solid waste reduction goals?
☐ ☐ ☒ ☐
e) Comply with federal, state, and local management
and reduction statutes and regulations related to solid waste?
☐ ☐ ☒ ☐
Discussion
Would the Project:
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
Less than Significant Impact. The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, cultivation, manufacture and distribution of cannabis and cannabis products within the City by permitting up to three future cannabis businesses. Since the Project would not propose residential uses, implementation of the Project would not directly generate population growth within the City. Employment increases have the potential to generate indirect population growth, as they may draw additional persons and their households to the City. Employees would be generated by the future cannabis businesses associated with the Project, similar to other commercial and light industrial uses. It is anticipated that development of the future cannabis businesses would primarily locate within existing structures, or to a lesser extent, be considered infill development or redevelopment, thereby replacing a use that currently generates employees. The Cannabis Ordinance Project applies on an as-requested, project-by-project basis. As such, the negligible indirect residential population and employment generated from the future cannabis businesses associated with the Project has not yet been determined as specific cannabis projects have not yet been proposed and submitted to the
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-86 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 City. While precise employment numbers are unknown at this time, the number of new employment opportunities are anticipated to be filled by current residents in the City. Further, the future cannabis businesses associated with the Project would be replacing a commercial or light industrial use that currently consumed water, generated wastewater, produced stormwater drainage, consumed electricity, natural gas, and telecommunication services. Further, the operations plan identified in Section 17.84.040(F) shall include a cultivation plan that meets or exceeds minimum legal standards for water usage and conservation. The operations plan shall also include a description of a legal water source, irrigation plan, and projected water use and identify the source of electrical power and plan for compliance with applicable buildings codes and related codes. As such, a less than significant impact would occur in this regard. b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Less than Significant Impact. Water service is provided to the potential parcels for the future cannabis businesses through the CIC, which obtains water from the Main San Gabriel Groundwater Basin and from the San Gabriel River (Covina, 2022). The City’s water supply sources include purchased treated local groundwater and treated surface water from the CIC and imported surface water supplies from the Three Valleys Municipal Water District, which is water that is imported by the Metropolitan Water District (MWD) of Southern California (Covina, 2022). According to the City’s 2015 Urban Water Management Plan (UWMP), the reliable quantities of projected normal year water supply for Year 2025 is 5,762 AF per year; Year 2030 is 5,821 AF; Year 2035 is 5,800 AF; and Year 2040 is 5,940 AF. The projected single dry year water supply for Year 2025 is 5,506 AF per year; Year 2030 is 5,562 AF per year; Year 2035 is 5,618 AF per year; and Year 2040 is 5,676 per year. The projected multiple dry year water supply for Year 2025 is 5,506 AF per year for the first year, 5,734 AF per year for the second year, and 5,751 AF per year for the third year; Year 2030 is 5,562 AF per year for the first year, 5,792 AF per year for the second year, and 5,809 AF per year for the third year; Year 2035 is 5,618 AF per year for the first year, 5,851 AF per year for the second year, and 5,868 AF per year for the third year; and Year 2040 is 5,676 AF per year for the first year, 5,911 AF per year for the second year, and 5,928 AF per year for the third year (Covina, 2017). Because the exact nature, location, and operation of future cannabis businesses associated with the Project are unknown, quantification of water consumption would not be feasible and would be too speculative. Further, it is anticipated that development of the future cannabis businesses would primarily locate within existing structures, or to a lesser extent, be considered infill development or redevelopment, thereby replacing a commercial or light industrial use that currently consume water. Further, the operations plan identified in Section 17.84.040(F) shall include a cultivation plan that meets or exceeds minimum legal standards for water usage. The operations plan shall also include a description of a legal water source, irrigation plan, and projected water use for compliance with applicable buildings codes and related codes. As such, it is further anticipated that the estimated water consumption of future cannabis businesses associated with the Project would be within the CIC’s future projected water supply for normal, dry, and multiple dry years. Further, the Cannabis Ordinance Project would comply with CALGreen, which requires water-efficient appliances and fixtures, thereby ensuring efficient use of water at the potential parcels. Lastly, the project applicants would be required to pay water connection fees. The CIC would use these fees,
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-87 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 at least in part, to fund projects and programs necessary to meet the regulatory obligation with respect to treatment requirements, treatment capacity, and supply reliability. As such, a less than significant impact would occur in this regard. No mitigation is required. c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? Less than Significant Impact. The Project would deliver sewage into the City’s sewer collection system, which is operated and maintained by the City’s Public Works Department and treated by the Sanitation Districts of Los Angeles County (LACSD) (Covina, 2017). The water reclamation plants serving the City include SJCWRP and the Joint Water Pollution Control Plant. The SJCWRP has the capacity to provide tertiary treatment for approximately 100 million gallons per day (MGD) (LACSD, 2022a). The Joint Water Pollution Control Plant currently has the capacity to provide primary and secondary treatment for approximately 400 MGD of wastewater (LACSD, 2022b). Because the exact nature, location, and operation of future development and redevelopment associated with the Project are unknown, quantification of wastewater generation would not be feasible and would be too speculative. Further, it is anticipated that development of the future cannabis businesses would primarily locate within existing structures, or to a lesser extent, be considered infill development or redevelopment, thereby replacing a commercial or light industrial use that currently generated wastewater. However, based on the capacities of the SJCWRP and the Joint Water Pollution Control Plant, it is further anticipated the wastewater generated by the future cannabis businesses associated with the Project would be minimal and would not exceed current capacities of these wastewater plants. As such, impacts would be less than significant in this regard. No mitigation is required. d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
Less than Significant Impact. Construction activities associated with future cannabis businesses associated with the Project would generate minor amounts of solid waste. The City’s Construction and Demolition Debris Management Program requires 75 percent of all construction waste materials be recycled. The City maintains an exclusive franchise agreement with Athens Services to carry out the City’s Construction and Demolition Diversion Program for construction contractor (Covina, 2022b). The City’s requirement of 75 percent construction waste diversion rate would reduce solid waste from construction associated with the future cannabis businesses associated with the Project. The remaining 25 percent of construction materials that are not required to be recycled would either be disposed of or voluntarily recycled at a solid waste facility with available capacity. Any hazardous wastes that are generated during construction activities would be managed and disposed of in compliance with all applicable federal, state, and local laws.
Future cannabis businesses would produce solid waste on a regular basis, in association with operation and maintenance activities. As discussed above, solid waste generated by the Project
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-88 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 would be collected by Athens Services and transported to a local or regional landfill. Athens Services uses regional landfills in both Los Angeles County and San Bernardino County to dispose of waste from its collection, transfer, and disposal services. The Los Angeles County landfills have an estimated remaining permitted capacity of 142.67 million tons (County of Los Angeles, 2020). The remaining life of Los Angeles County landfills ranges from approximately 8 years for the Pebbly Beach Landfill to 35 years for the Savage Canyon Landfills (County of Los Angeles, 2020). San Bernardino County landfills have an estimated remaining capacity of 164,209,140 tons (County of San Bernardino, 2018). The remaining life of the San Bernardino County landfills is over 15 years (County of San Bernardino, 2018). Because the exact nature, location, and operation of future development and redevelopment associated with the Project are unknown, quantification of solid waste generation would not be feasible and would be too speculative. Further, it is anticipated that development of the future cannabis businesses would primarily locate within existing structures, or to a lesser extent, be considered infill development or redevelopment, thereby replacing a commercial or light industrial use that currently produced solid waste. It is further anticipated that solid waste generated by future cannabis businesses associated with the Project each year would be negligible relative to the remaining permitted capacity of both County landfills. As such, a less than significant impact would occur in this regard. No mitigation is required.
e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
Less than Significant Impact. All local governments, including the City, are required under AB 939, the Integrated Waste Management Act of 1989, to develop source reduction, reuse, recycling, and composting programs to reduce tonnage of solid waste going to landfills. The project applicants of future cannabis businesses associated with the Project are required to comply with all local, state, and federal requirements for integrated waste management (i.e., recycling, green waste) and solid waste disposal. Specifically, all future development and redevelopment would require to comply with the City’s Recycling and Waste Handling Requirement for construction and demolition debris, which requires at least 75 percent of all building and demolition materials to be recycled (Covina, 2022a). As discussed above, Athens Services currently transports all of the City’s residential and commercial recycling to a material recovery facility (MRF), where recyclable materials are sorted, and recyclables are separated and processed (Covina, 2022b). As a result, future cannabis businesses, which would be served by Athens Services, would be in compliance with applicable laws for recycling and disposal of solid waste. As such, a less than significant impact would occur in this regard. No mitigation is required.
References
City of Covina. 2017. City of Covina, 2015 Urban Water Management Plan, February 2017, https://covinaca.gov/sites/default/files/fileattachments/public_works/page/451/final_2015_ uwmp_-_city_of_covina.pdf. Accessed September 2022.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-89 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 City of Covina. 2022a. City of Covina Website, Construction & Demolition Debris Management, https://covinaca.gov/publicworks/page/construction-demolition-debris-management.
Accessed September 2022.
City of Covina. 2022b. City of Covina Website, Construction & Demolition Debris Management Program, Background and Reference,
https://covinaca.gov/sites/default/files/fileattachments/public_works/page/579/background_ and_reference.pdf. Accessed September 2022.
County of Los Angeles. 2020. Los Angeles County Public Works, County of Los Angeles Countywide Integrated Waste Management Plan, 2020 Annual Report, dated October 2021.
County of San Bernardino. 2018. County of San Bernardino Solid Waste Management Division, County of San Bernardino Countywide Siting Element, Countywide Integrated Waste Management Plan, amended 2018.
LACSD (Los Angeles County Sanitation Districts). 2022a. San Jose Creek Water Reclamation Plant website, https://www.lacsd.org/services/wastewater-sewage/facilities/san-jose-creekwater-reclamationplant#:~:text=The%20facility%20currently%20has%20a,some%20of%20the%20attached %20documents. Accessed September 2022.
LACSD. 2022b. Joint Water Pollution Control Plan (JWPCP) website, https://www.lacsd.org/services/wastewater-sewage/facilities/joint-water-pollution-controlplant. Assessed September 2022.
LARWQCB (Los Angeles County Regional Water Quality Control Board). 2014. Los Angeles County Regional Water Quality Control Board (LARWQCB) Water Quality Control Plan (Basin Plan) 2014.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-90 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Wildfire
Issues (and Supporting Information Sources):
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
XX. WILDFIRE — If located in or near state responsibility areas or lands classified as very high fire hazard
severity zones, would the project:
a) Substantially impair an adopted emergency response
plan or emergency evacuation plan?
☐ ☐ ☐ ☒
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose project
occupants to, pollutant concentrations from a wildfire
or the uncontrolled spread of a wildfire?
☐ ☐ ☐ ☒
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency
water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
☐ ☐ ☐ ☒
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
☐ ☐ ☐ ☒
Discussion
Would the Project:
a) Substantially impair an adopted emergency response plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
No Impact (a–d). The CAL FIRE maps FHSZs, based on factors such as fuel, slope, and fire weather to identify the degree of fire hazard throughout California (i.e., moderate, high, or very high). While FHSZs do not predict when or where a wildfire will occur, they do identify areas where wildfire hazards could be more severe and therefore are of greater concern. The potential parcels are not designated as a State Responsibility Area nor are the potential parcels near a State Responsibility Area (CAL FIRE, 2020). According to the CAL FIRE, Covina Fire Hazards Severity Zone Map for the Local Responsible Areas, the potential parcels are designated as a nonPage 494 of 553
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-91 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Very High FHSZ (CAL FIRE, 2020). The potential parcels are outside of areas identified by CAL FIRE as having substantial or very high risk (CAL FIRE, 2020). Further, the potential parcels are located in a highly urbanized areas of the City and consist of developed lots generally comprising of commercial and light industrial uses, asphalt surface parking lots, and ornamental landscaping and trees. No increase of wildfire hazard is expected as a result of the Project and the associated future cannabis businesses. Therefore, no impacts would occur in this regard.
References
CAL FIRE (California Department of Forestry and Fire Protection). 2020. California Department of Forestry and Fire Protection, California Fire Hazard Severity Zone Viewer. [online]:
https://egis.fire.ca.gov/FHSZ/. Accessed September 2022.
City of Covina. 2000. City of Covina’s General Plan, Safety Element, adopted April 18, 2000.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-92 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Mandatory Findings of Significance
Issues (and Supporting Information Sources):
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
XXI. MANDATORY FINDINGS OF SIGNIFICANCE —
a) Does the project have the potential to substantially degrade the quality of the environment, substantially
reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal
community, substantially reduce the number or restrict
the range of a rare or endangered plant or animal or
eliminate important examples of the major periods of
California history or prehistory?
☐ ☒ ☐ ☐
b) Does the project have impacts that are individually
limited, but cumulatively considerable? (“Cumulatively
considerable” means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other current projects, and the effects of probable future
projects)?
☐ ☒ ☐ ☐
c) Does the project have environmental effects which will cause substantial adverse effects on human beings,
either directly or indirectly?
☐ ☒ ☐ ☐
Discussion
Would the Project:
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
Less than Significant Impact with Mitigation Incorporated. As discussed under Section IV, Biological Resources, almost all native bird species, except game birds, are protected by State and federal statutes when they are actively nesting. Some avian species may nest, forage, and roost within ornamental shrubs and trees planted as part of existing landscaping and some species will nest on or in buildings and other man-made structures. It is anticipated that development of the future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration), or to a lesser extent, be considered infill development or redevelopment within previously developed lots. Therefore, Project implementation may result in demolition, new construction, or renovations of structures, such activities may affect nesting birds within the potential parcels. Therefore, measures to avoid adverse effects on nesting birds are recommended to be implemented prior to or during construction and demolition activities associated with Project and future cannabis businesses.
Implementation of mitigation measure BIO-1 will reduce any potentially significant impacts to
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-93 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 nesting birds to less than significant. No impacts to riparian or sensitive natural communities will occur as the result of implementation of the Project.
As discussed under Section V, Cultural Resources, there could be as-yet-unidentified subsurface archaeological resources present. Impacts to unknown archaeological resources qualifying as historical resources could result in a significant impact to historical resources. However, implementation of mitigation measures CUL-1 and CUL-2, which would require the preparation of a Historic Resources Assessment and an Archaeological Resources Assessment would reduce impacts to less than significant. Future cannabis businesses associated with the Project would involve ground disturbing activities that, depending on their location, could result in disturbance of human remains or a unique paleontological resource or site or unique geologic feature. Such development could result in significant impacts to human remains under CEQA. However, implementation of mitigation measure GEO-1 would reduce impacts to less than significant.
Mitigation Measures
Refer to mitigation measures BIO-1, CUL-1, CUL-2, and GEO-1. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Less than Significant Impact with Mitigation Incorporated. A cumulative impact could occur if the Project would result in an incrementally considerable contribution to a significant cumulative impact in consideration of the past, present, and reasonably foreseeable future projects for each resource area. The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, cultivation, manufacture, and distribution of cannabis and cannabis products within the City by permitting up to three future cannabis businesses. The Cannabis Ordinance Project does not permit future cannabis businesses within residential zones.
Specifically, the Cannabis Ordinance Project would permit development of the future cannabis retailers within potential parcels designated as C-3 (Central Business), C-3A (Regional or Community Shopping Center), C-4 (Commercial Zone, Highway) and C-5 (Specified Highway), and future cannabis microbusinesses including cultivation of cannabis on less than 10,000 square feet within potential parcels designated as M-1 (Industrial Zone). The types and sizes of future cannabis businesses associated with the Project cannot be determined until specific projects have been proposed and submitted to the City. Because the exact nature, location, and operation of future cannabis businesses associated with the Project are unknown, defining a cumulative study area would be too speculative at this time. However, with implementation of mitigation measures BIO-1, CUL-1, CUL-2, GEO-1, and HAZ-1 through HAZ-3, future cannabis businesses associated with the Project would not have impacts that are individually limited, but cumulatively considerable and a less than significant impact would occur.
Mitigation Measures
Refer to mitigation measures BIO-1, CUL-1, CUL-2, GEO-1, and HAZ-1 through HAZ-3.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-94 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less than Significant Impact with Mitigation Incorporated. Based on the analysis of the Project’s impacts in Sections I through XX, there is no indication that the cannabis businesses associated with the Project could result in substantial adverse effects on human beings. While there would be a variety of effects related to biological resources, cultural resources, paleontological resources, and hazards and hazardous materials, these impacts would be less than significant with mitigation incorporated, as necessary. The analysis herein concludes that direct and indirect environmental effects will, at most, require mitigation to reduce potentially significant impacts to less than significant levels. Generally, environmental effects will result in less than significant impacts. Based on the analysis in this Draft IS/MND, the City finds that direct and indirect impacts to human beings will be less than significant with mitigation incorporated, as necessary.
Mitigation Measures
Refer to mitigation measures BIO-1, CUL-1, CUL-2, GEO-1, and HAZ-1 through HAZ-3.
City of Covina’s Local Cannabis Program Ordinance Project 4-1 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 SECTION 4
Mitigation Monitoring Reporting Program
4.1 CEQA Requirements
Table 4-1 is a Mitigation Monitoring and Reporting Program (MMRP) for the City of Covina’s Local Cannabis Program Ordinance Project, which has been prepared pursuant to State CEQA Guidelines Section 15097 and PRC Section 21081.6. This MMRP lists all applicable mitigation measures from the IS/MND. The appropriate timing of implementation and responsible party are identified to ensure proper enforcement of the mitigation measures from the IS/MND to reduce Project impacts to less than significant levels. Mitigation measures are presented in the same order as they occur in the IS/MND.
The columns in the MMRP table provide the following information:
• Mitigation Measure(s): The action(s) that will be taken to reduce the impact to a less than significant level.
• Implementation Action: The action(s) listed out, according to the identified mitigation measure that would be implemented by the responsible agency. • Responsible Implementation Agency: The agency or private entity responsible for ensuring implementation of the mitigation measure. For the Project, the City of Covina, as the CEQA Lead Agency, remains responsible for ensuring that implementation of the mitigation measures occur in accordance with the MMRP (State CEQA Guidelines Section 15097(a)). • Timing of Verification: The general timing for implementing each mitigation measure. • Verification Date: The date in which the mitigation measure has been completed.
The MMRP will be kept on file at the following address:
City of Covina, Community Development Department
125 E. College Avenue
Covina CA 91723
4. Mitigation Monitoring Reporting Program
City of Covina’s Local Cannabis Program Ordinance Project 4-2 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 TABLE 4-1
MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CITY OF COVINA’S LOCAL CANNABIS PROGRAM ORDINANCE PROJECT Mitigation Measure Implementation Action
Responsible
Implementation
Agency/Party Timing of Verification
Verification
Date
Biological Resources
BIO-1: Nesting Birds. Vegetation removal shall be conducted between September 1 and January 31, outside the typical nesting season for birds in the region. If vegetation removal must occur during the typical nesting season (February 1 – August 31), a qualified biologist shall conduct a pre-construction survey for active nests within areas that will be subject to vegetation removal, construction noise, and/or ground disturbances, including a 100 to 300-foot buffer around existing trees and landscaped areas, to identify any potential active nests. Buffer distances should be adjusted at the discretion of the biologist based on the location of the nest, species, and surrounding land uses. If no sign of nesting activity is observed, construction may proceed without potential impacts to nesting birds.
If an active nest is observed during the pre-construction clearance survey, an adequate buffer determined by the qualified biologist shall be established around the active nest depending on sensitivity of the species and proximity to construction activity and impact areas. Onsite construction monitoring may also be required to ensure that no direct or indirect impacts occur to the active nest or nesting activities.
Construction activities shall be avoided within the buffer, unless otherwise approved by the monitoring biologist (e.g., vehicles could pass through buffer areas while jackhammering would be restricted).
Buffers shall be clearly marked and defined to restrict certain activities where they could result in nest failure, and shall remain in place until nests are no longer active, as determined by the monitoring biologist.
Conduct all vegetation removal
between September 1 and January 31,
outside the typical nesting season for
birds in the region.
If vegetation removal must occur during
the typical nesting season (February 1
– August 31), a qualified biologist shall
conduct a pre-construction survey for
active nests within areas that will be
subject to vegetation removal,
construction noise, and/or ground
disturbances, including a 100 to 300-
foot buffer around existing trees and
landscaped areas, to identify any
potential active nests.
If an active nest is observed during the
pre-construction clearance survey, an
adequate buffer determined by the
qualified biologist shall be established
around the active nest depending on
sensitivity of the species and proximity
to construction activity and impact
areas.
City of Covina
Qualified Project Biologist
Project Contractor
Prior to and during
grading and/or
construction.
4. Mitigation Monitoring Reporting Program
City of Covina’s Local Cannabis Program Ordinance Project 4-3 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Mitigation Measure Implementation Action
Responsible
Implementation
Agency/Party Timing of Verification
Verification
Date
Cultural Resources
CUL-1: Historic Resources Assessment. For future cannabis businesses associated with the Project that involve demolition or alteration of buildings and/or structures or the construction of adjacent aboveground infrastructure, the project applicant shall retain an architectural historian meeting the minimum professional qualifications standards (PQS) set forth by the Secretary of the Interior (codified in 36 Code of Federal Regulations [CFR] Part 61; 48 Federal Register 44738-44739) (Qualified Architectural Historian) to conduct a historic resources assessment. The assessment shall include a review of the Built Environment Resource Directory (BERD) and the City’s historic landmarks and structures of merit listings ; a review of other pertinent archives and sources; recordation of all historic architectural resources more than 45 years in age on California Department of Parks and Recreation (DPR) 523 forms; evaluation of resources for listing in the California Register of Historical Resources and for designation as a City of Covina historic landmark or structure of merit; and preparation of a technical report documenting the methods and results of the assessment. The report shall also provide recommendations for additional work or mitigation, if needed, which may include but would not be limited to compliance with the Secretary of the Interior’s Standards (Ord. 16-2060 § 1, 2016; Ord. 97-1812 § 1, 1997). A copy of the final report shall be filed with the South Central Coastal Information Center.
Prior to the issuance of ground
disturbing activities of future
development and redevelopment
associated with the Project on parcels
that contain or are adjacent to buildings
or structures more than 45 years old,
the City shall retain a qualified
architectural historian.
The qualified architectural historian
shall provide recommendations
regarding additional work or treatment
for historical resources that will be
affected by the Project prior to their
demolition or alteration.
City of Covina
Qualified Architectural
Historian
Project Contractor
Prior to and during
grading and/or
construction.
CUL2: Archaeological Resources Assessment. For future cannabis businesses associated with the Project that involve ground disturbance, the project applicant shall retain an archaeologist meeting the minimum PQS set forth by the Secretary of the Interior (codified in 36 CFR Part 61; 48 Federal Register 44738-44739) (Qualified Archaeologist) to conduct an archaeological resource assessment. The assessment shall include a records search at the South Central Coastal Information Center; a Sacred Lands File search through the Native American Heritage Commission; a subsurface sensitivity assessment; a pedestrian field survey in instances where ground surface is exposed; recordation of all identified archaeological resources on DPR 523 forms; evaluation of resources affected by the project for eligibility for listing in the California Register of Historical Resources and for designation as a City of Covina historic landmark or structure of merit; and preparation of a technical report documenting the methods and results of the assessment. Resources that do not qualify as historical resources shall be considered by the Qualified Archaeologist for qualification as unique archaeological resources as defined in Public Resources Code (PRC) Section 21083.2(g). The report shall also include recommendations as to Prior to the issuance of ground
disturbing activities of future
development and redevelopment
associated with the Project, the City
shall retain a qualified archaeologist.
If an archaeological resource is
identified as a result of the survey, the
qualified archaeologist will prepare and
conduct a testing program to delineate
the resource’s boundaries and identify
presence/absence of subsurface
deposits.
City of Covina
Qualified Archaeologist
Project Contractor
Prior to the issuance of
ground disturbing
activities.
Prior to
commencement of
excavation activities.
4. Mitigation Monitoring Reporting Program
City of Covina’s Local Cannabis Program Ordinance Project 4-4 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Mitigation Measure Implementation Action
Responsible
Implementation
Agency/Party Timing of Verification
Verification
Date
whether mitigation for worker training, monitoring, and/or inadvertent discoveries is warranted. A copy of the final report shall be filed with the South Central Coastal Information Center.
Geology and Soils
GEO-1: Paleontological Resources Assessment and Monitoring.
For future projects cannabis projects associated with the Cannabis Ordinance Project that involve ground disturbance, the project proponent applicant shall retain a paleontologist who meets the Society of Vertebrate Paleontology’s (SVP 2010) definition for qualified professional paleontologist (Qualified Paleontologist) to prepare a paleontological resources assessment report. The report shall include methods and results of the paleontological resources assessment. The report shall also include recommendations as to whether mitigation for worker training monitoring, and/or inadvertent discoveries is warranted
Prior to construction of future
development and redevelopment
associated with the Project that involve
ground disturbance below 10 feet in
Pleistocene alluvium or marine Puente
Formation sediments, the City shall
retain a qualified paleontologist.
All initial ground disturbance below 10
feet deep shall be monitored full-time
by a qualified paleontological monitor
(SVP 2010) working under the direct
supervision of the qualified
paleontologist.
All recovered fossils shall be prepared
for identification to the lowest
taxonomic level possible, cataloged,
and curated at an accredited facility
with retrievable storage.
The qualified paleontologist shall
prepare a final report to be submitted to
the City and filed with the curation
facility and Natural History Museum of
Los Angeles County.
City of Covina
Qualified Paleontologist
Project Contractor
Prior to and during
grading and/or
construction.
Hazards and Hazardous Materials
HAZ-1: Phase I Environmental Site Assessment: Prior to the initiation of any construction requiring ground-disturbing activities on industrial and commercial properties, as well as listed active hazardous materials cleanup sites, Project Applicants shall complete a Phase I environmental site assessment for that property in accordance with American Society for Testing and Materials Standard E1527 for those active hazardous materials sites to ascertain their current status. Any recommended follow up sampling (i.e., Phase II activities) set forth in the Phase I assessment shall be implemented prior to construction. The results of Phase II studies, if necessary, shall be submitted to the local overseeing agency and any required remediation or further delineation of identified contamination shall be completed prior to commencement of construction.
Project Applicants shall complete a
Phase I environmental site assessment
for that property in accordance with
American Society for Testing and
Materials Standard E1527 for those
active hazardous materials sites to
ascertain their current status.
City of Covina Prior to the initiation of
any construction
requiring grounddisturbing activities, as
well as listed active
hazardous materials
cleanup sites.
4. Mitigation Monitoring Reporting Program
City of Covina’s Local Cannabis Program Ordinance Project 4-5 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Mitigation Measure Implementation Action
Responsible
Implementation
Agency/Party Timing of Verification
Verification
Date
HAZ-2: Health and Safety Plan: For those properties for which the Phase I assessment identifies hazardous materials issues, before the start of ground-disturbing activities, including grading, trenching, or excavation, or structure demolition, the Project Applicants for the specific work proposed shall require that the construction contractor(s) retain a qualified professional to prepare a site-specific health and safety plan (HASP) in accordance with federal Occupational Safety and Health Administration regulations (29 CFR 1910.120) and California Occupational Safety and Health Administration regulations (8 CCR Section 5192).
The HASP shall be implemented by the construction contractor to protect construction workers, the public, and the environment during all ground-disturbing and structure demolition activities. The HASP shall include designation of a site health and safety officer, a summary of the anticipated risks, a description of personal protective equipment and decontamination procedures, and procedures to follow if evidence of potential soil or groundwater contamination is encountered.
Project Applicants for the specific work
proposed shall require that the
construction contractor(s) retain a
qualified professional to prepare a sitespecific health and safety plan (HASP).
City of Covina
Project Contractor
Qualified Professional to
prepare HASP
Before the start of
ground-disturbing
activities, including
grading, trenching, or
excavation, or
structure demolition.
HAZ-3: Soil and Groundwater Management Plan: In support of the HASP described in Mitigation Measure HAZ-2, the Project Applicants shall require that its contractor(s) develop and implement a Soil and Groundwater Management Plan (SGMP) for the management of soil and groundwater before any ground-disturbing activity. The SGMP shall describe the hazardous materials that may be encountered, the roles and responsibilities of on-site workers and supervisors, training for site workers focused on the recognition of and response to encountering hazardous materials, and protocols for the materials (soil and/or dewatering effluent) testing, handling, removing, transporting, and disposing of all excavated materials and dewatering effluent in a safe, appropriate, and lawful manner.
The Project Applicants shall require
that its contractor(s) develop and
implement a Soil and Groundwater
Management Plan (SGMP).
City of Covina
Project Contractor
Before the start of
ground-disturbing
activities, including
grading, trenching, or
excavation, or
structure demolition.
4. Mitigation Monitoring Reporting Program
City of Covina’s Local Cannabis Program Ordinance Project 4-6 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 This page intentionally left blank
City of Covina’s Local Cannabis Program Ordinance Project 5-1 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 SECTION 5
Preparers and Acronyms
5.1 Preparers
Lead Agency
City of Covina, Community Development Department
125 E. College Avenue, Covina, CA 91723
• Brian K. Lee, AICP, Community Development Director
Initial Study/Mitigated Negative Declaration Preparation ESA
80 South Lake Avenue
Pasadena, CA 91101
• Ruta K. Thomas, Senior Vice President/Southern CA Regional Director (Project Director) • Brian Allee, Senior Managing Associate (Project Manager) • Marlie Long, Managing Associate (CEQA Checklist)
• Shannon McAlpine, Environmental Planner (CEQA Checklist) • Alan Sako, Director (Air Quality, Greenhouse Gas Emissions, Energy, Noise) • Tony Chung, Principal Associate (Noise)
• Michael Stewart, Air Quality and Acoustical Analyst (Air Quality, Greenhouse Gas Emissions, Energy, Noise)
• Fatima Clark, Cultural Resources Specialist (Cultural Resources) • Chance Scott, GIS Analyst
• Ron Tietel, Senior Graphic Designer
5. Preparers and Acronyms
City of Covina’s Local Cannabis Program Ordinance Project 5-2 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023
5.2 Acronyms and Abbreviations
Acronym/Abbreviation Definition
AB Assembly Bill
ACM Asbestos-Containing Material
ANSI American National Standards Institute
AQMP Air Quality Management Plan
AR4 Fourth Assessment Report
AUMA Adult Use of Marijuana Act
BERD Built Environment Resource Directory
BMPs Best Management Practices
CAAQS California Ambient Air Quality Standards
CalEPA California Environmental Protection Agency
CAL FIRE California Department of Forestry and Fire Protection Caltrans California Department of Transportation
CAO Cleanup and Abatement Orders
CAPCOA California Air Pollution Control Officers Association CARB California Air Resources Board
CBC California Building Code
CCAR California Climate Action Registry
CCR California Code of Regulations
CDFW California Department of Fish and Wildlife
CDO Cease and Desist Orders
CEQA California Environmental Quality Act
CFC California Fire Code
CFR Code of Federal Regulations
CGS California Geological Survey
CH4 Methane
CHP California Highway Patrol
CIC Covina Irrigating Company
City City of Covina
CNRA California Natural Resources Agency
CO2 Carbon Dioxide
County County of Los Angeles
COUSD Charter Oak Unified School District
CPD Covina Police Department
CRHR California Register of Historical Resources
CSA Controlled Substances Act
CUP Conditional Use Permit
CUPA Certified Unified Program Agency
CWA Clean Water Act
dBA A-weighted Sound Pressure Level
5. Preparers and Acronyms
City of Covina’s Local Cannabis Program Ordinance Project 5-3 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Acronym/Abbreviation Definition
DBH Diameter at Breast Height
DHS California Department of Health Services
DOC California Department of Conservation
DPR California Department of Parks and Recreation
DTSC California Department of Toxic Substances Control
EIR Environmental Impact Report
FHSZ Fire Hazard Severity Zone
FHWA Federal Highway Administration
FRAP Fire and Resource Assessment Program
FTA Federal Transportation Administration
GHG Greenhouse Gas Emissions
GWP Global Warming Potential
HASP Health and Safety Plan
HFCs Hydrofluorocarbons
HMBPs Hazardous Materials Business Plans
HUD Department of Housing and Urban Development
HVAC Heating, Ventilation, and Air Conditions
I- Interstate
in/sec Inches per Second
IPCC Intergovernmental Panel on Climate Change
IS/MND Initial Study/Mitigated Negative Declaration
LACFD Los Angeles County Fire Department
LACFD HHMD Los Angeles County Fire Department Health Hazardous Materials Division LACSD Sanitation Districts of Los Angeles County
LARWQCB Los Angeles Regional Water Quality Control Board LBP Lead-Based Paint
Ldn Average Equivalent Sound Level Over a 24 Hour Period LID Low-Impact Development
LRA Local Responsibility Area
LSAA Lake or Streambed Alteration Agreement
MAUCRSA Medicinal and Adult-Use Cannabis Regulation and Safety Act MGD Million Gallons Per Day
MMRP Mitigation Monitoring and Reporting Program
MMRSA or MCRSA Medical Marijuana Regulation and Safety Act MMT Million Metric Tons
MND Mitigated Negative Declaration
MRF Material Recovery Facility
MS4 Municipal Separate Storm Sewer System
MT Metric Ton
MTCO2e Metric Ton CO2 Equivalents
N2O Nitrous Oxide
5. Preparers and Acronyms
City of Covina’s Local Cannabis Program Ordinance Project 5-4 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Acronym/Abbreviation Definition
NAAQS National Ambient Air Quality Standards
ND Negative Declaration
NPDES National Pollutant Discharge Elimination System
NPL National Priorities List
NWI National Wetlands Inventory
OSHA Occupational Safety and Health Administration
PCBs Polychlorinated Biphenyls
PFCs Perfluorocarbons
PPV Peak Particle Velocity
PQS Professional Qualifications Standards
PRC Public Resources Code
RWQCB Regional Water Quality Control Board
SB Senate Bill
SCAG Southern California Association of Governments
SCAQMD South Coast Air Quality Management District
SEA Sensitive Ecological Area
SF6 Sulfur Hexafluoride
SGMP Soil and Groundwater Management Plan
SoCAB South Coast Air Basin
SRA Source Receptor Area
SR- State Route
SVP Society of Vertebrate Paleontology
SWPPP Stormwater Pollution Prevention Plan
USACE U.S. Army Corps of Engineers
USDOT U.S. Department of Transportation
USEPA U.S. Environmental Protection Agency
USFWS U.S. Fish and Wildlife Service
USTs Underground Storage Tanks
UWMP Urban Water Management Plan
VHFHSZ Very High Fire Hazard Severity Zone
VMT Vehicle Miles Traveled
WDR Waste Discharge Requirement
Appendix A
AB 52 Documentation
August 16, 2022
Gabrielino Band of Mission Indians - Kizh Nation
Andrew Salas, Chairperson
P.O. Box 393
Covina, Ca 91 723
91723-2199
Re: Formal Notification of City of Covina's Cannabis Ordinance Project Pursuant to Assembly Bill 52 Dear Chairperson Salas:
The City of Covina (City) is contacting you in compliance with the California Assembly Bill (AB) 52 (including the California Public Resources Code Section 21080.3.1) because you are listed as the contact person in a tribal request for notice of proposed projects in this geographic area for which the City is the lead agency in compliance with the California Environmental Quality Act.
The City proposes a Cannabis Ordinance that would allow, through a permit, between three to six cannabis distribution (and/or microbusiness) locations within the City. Currently, as no specific development project is proposed in connection with the Cannabis Ordinance, the future locations are unknown at this time. The Cannabis Ordinance would include measures to protect public health and safety including regular facility inspections, requiring identification cards and background checks for employees, prohibiting onsite consumption, prohibiting gatherings before/after operations, requiring onsite security and surveillance systems, implementing a strict enforcement system to address City code violations, and utilizing public benefit funds to facilitate community health and youth programs, among others.
Lf you wish to initiate formal consultation under AB 52, the deadline to request consultation with the City is set by State law [California Public Resources Code Section 21080.3.l(d)] and requires that you send a written request for consultation to the address below within 30 days of the receipt of this notice. Please send written responses for the proposed project to:
Brian K. Lee, AICP, Director of Community Development
Community Development Department
City of Covina
125 E. College Street
Covina, CA 91723
Lf you do not wish to initiate formal consultation on this proposed project, no response to this notice is needed. If you do not wish to formally consult under AB 52 on this proposed project, you may participate in the California Environmental Qua I ity Act process for this project on any issue of concern as an interested California Native American tribe, person, citizen, or member of the public. '"';;:,_-1 ~ _ ... _., -:,,-,.,_;;;;.~ ,-, - .. - - • • • - .- -- --::._ - - • - www.cov1naca.gov
(6'.26) 384-5400
lf you have any questions, please feel free to contact me at 626-384-5450 or at [email protected].
Sincerely,
ee, AJCP,
Director of Community Development
Enclosure: Draft Zoning Map
City of Covina’s Cannabis Ordinance Project
Figure 1
Draft Zoning Map with Potential Parcels
SOURCE: City of Covina. Geographic Information Systems. 2021 D202100759.03 - Covina Cannabis Ordinance MND\05 Graphics-GIS-Modeling-USE AZURE
F ST
C ST PARK AVE
H ST G ST
A ST
N LINDA TER
S FARBER AVE
SHOUSE AVE
W ORANGE ST
W GENEVA PL GLENTANA ST
WILBUR AVE
E RENSHAW ST
S WILSON AVE
S KENDALL WY
S STEWART DR
E VENTON ST
MARILYN WY
HERITAGE WY
S 5TH AVE
DOVER RD
PERSHING CT
GRAMMONT AVE
S SAN ANTONIO DR
RANGER DR
PARK VIEW DR
N TRAYMORE AVE
S MIDSITE AVE
S VILLAGE OAKS DR
S ASHTON DR
CUTTER WY
MC GILL ST
N SHADYGLEN DR
DAWN RIDGE WY
CAMELLIA DR
CHARTER DR
S PROSPERO DR
S EDENFIELD AVE
W GROVERDALE ST
W GRISWOLD RD
N DAMATO DR
E LOMA VISTA ST N FAIRVALE AVE
W DEVANAH ST
E GARVEY ST
W BRIDGER ST
LEAF AVE
CENTER COURT DR
HOMEREST AVE
S HOUSER DR
S EASTBURY AVE
MONTE VISTA AVE
W COLLEGE ST
E WORKMAN LN
S 3RD AVE
CONWELL AVE
S 4TH AVE
W GLENTANA ST
W GREENHAVEN ST
ORLANDO WY
VIRGINIA AVE
ORANGEWOOD DR
E KELBY ST
GARSDEN AVE
W PUENTE ST
E CENTER ST
E RANCHO CULEBRA DR
RETFORD ST
W NUBIA ST
MASLINE ST
E VIA VERDE
W INDUSTRIAL PARK ST
N HOUSER DR
E HOLT AVE
REED ST
SAN JOSE AVE
S CHAPARRO RD
N 3RD AVE
OLD E BADILLO ST
W TUDOR ST
N PARK AVE
JALAPA DR
W DEXTER ST
VALENCIA PL
W PUENTE AVE
S FENIMORE AVE
S SAN JOSE AVE
RANCHO SIMI DR
E ARROW HWY
W GROVECENTER ST
E SCHOOL ST
E FRONT ST
W CENTER ST
ARROW GRAND CIR
E COLVER PL
W WORKMAN AVE
N BANNA AVE
S HOLLENBECK AVE
S BARANCA AVE
SOUTHERN PACIFIC RR
E QUEENSIDE DR
GLENOAK AVE
PALLAND LN
COLLEGE WY
PADUA DR
CALVIN ST
S MIDHURST DR
N BARSTON AVE
W BOBBIE ST
LARKIN DR
W REDWOOD CT
COMMERCIAL AVE
E KENOAK DR
N CURTIS AVE
E LEVEL ST
KEMP PL
N STARCREST DR
HOWARD AVE
W VERNESS ST
LOWELL ST
S NEWTON ST
RANCHO VISTA DR
N LA BREDA
LA SERENA DR
W SHAMWOOD ST
W IDAHOME ST
W BYGROVE ST
GOLDEN GROVE WY
RANCHO TUJUNGA
DR
TUDOR ST
N JENIFER AVE
N HOWARD AVE
E WALNUT CREEK RD
E CHESTER RD
MEADOWWOOD DR
S FIRCRAFT AVE
S RANCHO ALEGRE DR
S RANCH LINDO DR
S STARGLEN DR
E CASAD AVE
S OA K T R EE D R
ADAMS PARK DR
ADAMS PARK DR
B ST
BARANCA AVE
BARSTON AVE
BENDER AVE
BRIARGATE LN
CUMMINGS RD
CURTIS AVE
E ADAMS PARK DR E ADAMS PARK DR
E ALGROVE ST E ALGROVE ST E ALGROVE ST
E ALISAL ST
E BADILLO ST E BADILLO ST
E BADILLO ST
E BADILLO ST
E BADILLO ST
E BADILLO ST
E BELLBROOK ST
E BENBOW ST E BENBOW ST E BENBOW ST E BENWOOD ST
E BENWOOD ST E BROOKPORT ST
E CALORA ST
E CIENEGA AVE E CIENEGA AVE
E COLLEGE ST
E COVINA BLVD E COVINA BLVD E COVINA BLVD E COVINA BLVD
E CYPRESS ST E CYPRESS ST E CYPRESS ST E CYPRESS ST
E DEXTER ST
E DEXTER ST E DEXTER ST
E EDGECOMB ST E EDGECOMB ST
E EDGECOMB ST
E EDNA PL
E EDNA PL
E EDNA PL
E GREENHAVEN ST
E GROVECENTER ST
E GROVERDALE ST
E HURST ST E HURST ST
E ITALIA ST
E ITALIA ST
E NAVILLA PL E NAVILLA PL
E NAVILLA PL E NAVILLA PL E NAVILLA PL
E NAVILLA PL
E NUBIA ST E NUBIA ST
E NUBIA ST
E PALM DR
E PALM DR E PALM DR
E PALM DR
E PUENTE ST
E PUENTE ST E PUENTE ST E PUENTE ST
E ROWLAND ST E ROWLAND ST
E RUDDOCK ST E RUDDOCK ST
E SAN BERNARDINO RD
E SAN BERNARDINO RD
E STEPHANIE DR
E THELBORN ST E THELBORN ST
E TUDOR ST
E TUDOR ST
E TUDOR ST
E WANAMAKER DR
E WANAMAKER DR
E WANAMAKER DR
E WINGATE ST
E WINGATE ST
E WORKMAN AVE EREMLAND DR EREMLAND DR
FARLAND ST
FARLAND ST
GREER AVE
GREER AVE
LEVEL ST
LEVEL ST
N 1ST AVE
N 1ST AVE
N 1ST AVE
N 2ND AVE N 2ND AVE
N 4TH AVE N 4TH AVE
N 4TH AVE
N 5TH AVE
N 5TH AVE
N ALDENVILLE AVE
N ARMEL DR N ARMEL DR N ARMEL DR N ARMEL DR
N AZUSA AVE
N BARANCA AVE
N BENDER AVE N BENDER AVE
N CALERA AVE
N CALMGROVE AVE
N CALMGROVE AVE
N CALVADOS AVE
N CEDAR DR
N CEDAR DR
N CITRUS AVE N CITRUS AVE N CITRUS AVE S CITRUS ST
N DANEHURST AVE
N DARFIELD AVE N DARFIELD AVE
N DE LAY AVE
N DODSWORTH AVE
N DODSWORTH AVE
N DODSWORTH AVE
N EASTBURY AVE
N EDENFIELD AVE
N ELSPETH WY
N ELSPETH WY
N ELSPETH WY
N FAIRVALLEY AVE
N FENIMORE AVE N FENIMORE AVE
N FIRCROFT AVE
N GARSDEN AVE
N GARSDEN AVE
N GLENDORA AVE
N GRAND AVE N GRAND AVE N GRAND AVE
N GRANDVIEW AVE
N GRANDVIEW AVE
N HEATHDALE AVE
N HEATHDALE AVE
N HOLLENBECK AVE N HOLLENBECK AVE
N IVESCREST AVE N IVESCREST AVE
N KIDDER AVE
N LARK ELLEN AVE
N LARKIN DR
N LYMAN AVE N LYMAN AVE
N LYMAN AVE
N LYMAN AVE
N MANGROVE AVE
N MIDSITE AVE
N NEARGLEN AVE
N OMALLEY AVE
N PROSPERO DR N PROSPERO DR
N REEDER AVE N REEDER AVE
N RIMSDALE AVE
N STEPHORA AVE
N STEPHORA AVE
N SUNFLOWER AVE
N VICEROY AVE
N VICEROY AVE
N VINCENT AVE
N WESTRIDGE AVE
OAK TREE CT
RIMHURST AVE
S 1ST AVE S 1ST AVE
S 1ST AVE
S 2ND AVE
S 2ND AVE
S ALBERTSON AVE
S ALDENVILLE AVE
S ARMEL DR
S ARMEL DR
S ARMEL DR
S CALVADOS AVE S CALVADOS AVE
S CEDAR DR
S CITRUS AVE
S FORESTDALE AVE
S GLENDORA AVE
S GRAND AVE S GRAND AVE
S HEATHDALE AVE
S HEATHDALE AVE
SACHS PL
STARCREST DR
TRAYMORE AVE
W ALCROSS ST
W ALCROSS ST
W BADILLO ST W BADILLO ST W BADILLO ST
W BENBOW ST
W BENWOOD ST
W COVINA BLVD
W CYPRESS ST
W EDNA PL
W EDNA PL
W EDNA PL
W FRONT ST W FRONT ST
W GRONDAHL ST W GRONDAHL ST
W GRONDAHL ST
W PALM DR
W ROWLAND ST
W SAN BERNARDINO RD
E COVINA HILLS RD
S CORRIDA DR
RANCHO LOS NOGALES DR
E SHOPPE R S LN
S HEPNER AVE
S ALBERTSON AVE
S ALDENVILLE AVE
N FIRCROFT AVE
COOLFIELD DR
FREDKIN DR
W CHESTER RD
N
L
y
m
a
n
Av
e
B
e
n
d
e
r
Av
e
Sh
ouse
Ave
N
B
o
n
n
ei
C
o
v
e
Av
e
E Puen
St
te
ELorencitaDr
N
D
e
l
a
y
Av
e
N Woodhurst
Dr
E Norma
Ave
Pa
D
seo
elores
Jalapa Dr
S
B
a
r
r
a
n
c
a
Av
e
N
G
el n
d
o
r
a
Av
e
N
Vi
n
c
e
n
t
Av
e
W Badillo St
E Claraday
St
N Bender
Ave
S
T
u
r
n
e
r
Av
e
E Covina
Blvd
N Armel
Dr
S
V
i
n
c
e
n
t
Av
e
E Garvey Ave S
Valley
Ctr
S
S
u
n
flo
w
e
r
Av
e
W Puente Ave
N Fircroft Ave
W Greendale St
Garvey Ave
W Garvey Ave N
W Workman
Ave
Morada Ave
N Calera
Ave
S trawb
e
rry
Ln
S
B
a
n
n
a
Av
e
W Casad
Ave
Ranger
Dr
Fairway Ln
E Garvey Ave N
Scarborough Ln
EGragmont St
W Laxford
St
Larkin Dr
E Holly
Oak Dr
E Greendale
St
Queenside Dr
L
y
m
a
n
Av
e
R ox
b
u
r
g
h
Av
e
S
Pl
ateau
Dr
Barranca
St
Wo
o
d
g
ro
v
e
Av
e
Claraday St
Waln
u
t
h
a
v
e
n
D
r
Brandywin
C t
e
C
ale
r
a
Av
e
N
G
ra
n
d
Ave
N Eastbury
Ave
N
W
e
s
t
rid
g
e
Av
e
W West Covina Pkwy
P
o
x
o
n
P
l
H
ol el n
b
e
c
k
Av
e
E
R
ambli ng Rd
E Plymouth St
N
To
l
a
n
d
Av
e
N
C
a
vl a
d
o
s
Ave
S
Wil ol w
Av
e
Da
el R
d
Vincent Ave
Craiglee
E Cypress St
E Queenside
Dr
Elle
n
D
r
Tudor St
E Virginia Ave
La Paz
Paseo
N Meadow
Rd
Calle
Del Pso
N Duna Dr
W Cypress
St
E Stuart Ave
N Gareloch
Ave
Groverdale St
S
H
olle
n
b
e
c
k
S
t
N
e
w
Cast
le
L
n
B St
SCalifornia Av e
E Stephanie
Dr
Cypress
Wy
E Eckerman
Ave
N
M
y
r
tle
w
o
o
d
Av
e
Stephanie
Dr
W Elgenia
Ave
N Carvol Dr
Gila Dr
N Muse
Dr
N
G
re
e
n
b
e
r
ry
Av
e
E Hurst St
N
C
a
rv
ol Av
e
N
S
u
n
flo
w
e
r
Av
e
Masline St
Whitney
Ct
S Azusa Ave
Arroway Ave
N Rinard
Ave
Hillhaven Dr
Plaza Dr
E Toni
Dr
Wellington Rd
Greenwich
Rd
E Covina Hills Rd
N
M
a
p
el w
o
o
d
Av
e
S
Ve
cino
Av
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E Chadmont St
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Route 39
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Greenhaven
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Calle Cristina
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Creek Pl
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Rancho El
Encino Dr
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Greenpark
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Paseo
Carmel
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Ellen Ln
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Garsd
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Yorkshire Ct
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Walnut
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Bernardino Rd
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Millburgh
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Deepview
Ln
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Hill Dr
McGill St
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N Ellen Dr
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Kinsella
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La Breda Ave
Covina
Blvd
W Bonita Ave
Millburgh
Ave
N Monte
Verde Dr
N Darfield
Ave
E Bellbrook St S Gardenglen St
S Hilborn
Ave
E James
Ave
Interstate 10
San Bernardino Frwy
Heffner
Hill Rd
Paseo Lucinda
E Nubia St
N Linda Lou Ave
Bridger St
Ay
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Fleetwood
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B
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Dr
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St
Clovermead St
W Covina Blvd
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E Thelborn St
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Varnell
Av
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Grand
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Woodcroft
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N Azusa Ave
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Drycreek
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Hil wl a
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Joy
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S Ashdale St
Vermont
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Bygrove St
N Duxford Ave
Rancho Rio
Bonita Rd
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Walnut Creek Pkwy
Pennsylvania
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Hampshire
Ct
Coolfield
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Monte
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Rancho DelMon
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N Midsite
Ave
N Banewell
Ave
S Montezuma
Wy S Saint Malo St
E Rio
Verde Dr
E Groverdale
St
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Kingsb ridge
C t
Leaf Ave
Con ey Ave
Paseo
Susana
E Rimpath Dr
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Devanah St
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Ave
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Knoll D r
Miriam Dr
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Golden
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E Brookport St
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Ra
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E El Dorado St
ERanch o San Jose Dr
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Terry Wy
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Disclaimer:
This map of the City of Covina, California has been provided for illustration purposes only Every reasonable effort has been made to ensure the precision of the map and its data, however, some information may not be accurate. The City of Covina provides this map on an as-is basis and assumes no liability for damages arising from errors or omissions. The maps are provided without any warranty, expressed or
implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Do not make any business decisions based on this map before
validating your decision with the appropriate City office. © City of Covina. Geographic Information Systems. 2021 (Rev: 09/20/2021 CMR) References: City of Los Angeles; Los Angeles County Tax Assessor & CAMS; City of Covina City of Covina
Potential Parcels
Zone
Commercial
Industrial
Residential (Non-Permitted)
600-Foot Buffer
Schools
Parks
Town Center Specific Plan
0 1,000 2,000 Feet
Exhibit 3: Potential Parcels Map
ATTACHMENT B
CITY OF COVINA
INTER-OFFICE MEMORANDUM
DATE: June 29, 2022
TO: Chris Marcarello, City Manager
FROM: David Povero, Chief of Police
SUBJECT: Cannabis
Two concerns about retail cannabis operations were brought forward by Mayor Pro Tem Allen that staff have researched in hopes that the information provides insight. First was the concern about crime associated in the immediate vicinity of retail cannabis dispensaries, and second was the concern about cannabis consumption by juveniles. This staff report will present findings, then follow up with recommendations to address these two concerns.
CRIME NEAR RETAIL CANNABIS LOCATIONS
City of Pomona
I have spoken with Chief of Police Michael Ellis on a number of occasions about the retail cannabis operations in the City of Pomona. Pomona has at least two authorized in-store retailers that are part of a larger retail chain. Catalyst Cannabis operates thirteen locations in multiple counties throughout Southern California. Stiiizy operates seventeen retail locations in multiple counties throughout California.
City of Pomona staff shared about the work they put forth with the ordinance on retail sales in hopes that stronger regulations would promote positive business operations and less problems.
Their ordinance has vetted potential problems and applicants in a manner where the current authorized operators create no concerns. Chief Ellis spoke highly of Stiiizy and how the retail operation is an “upscale” looking business that the City has welcomed. Pomona his hopeful that cannabis operations prosper and in turn provide additional financial resources for the city.
City of Lake Elsinore
Elsinore has a half dozen authorized in-store retail cannabis locations. The Covina ad hoc committee visited and spoke with staff at the City of Lake Elsinore and inquired about their cannabis dispensary program. They too had taken the proper steps in designing their retail cannabis ordinance in an effort to promote positive business operations and reduce/eliminate potential problems and quality of life issues. Elsinore did not disclose any increased crime or quality of life issues related to retail cannabis operations. When Covina’s ad hoc committee completed a site inspection of Medcare Farms, the staff briefed us on their operation protocols for
2 hiring, employee conduct/uniforms and security plans. Each customer must have their identification checked/scanned to ensure they are an adult, and they must sign in. All the products were behind glass display and product could only be retrieved after the completion of a purchase.
Staff were in uniform and the retail location inside and out looked very well kept. The location employs a large number of surveillance cameras. All of the improvements have increased the quality of the area in lighting, esthetics and overall curb appeal.
City of Desert Hot Springs
Desert Hot Springs has nearly a dozen authorized in-store retail cannabis locations throughout the community. Covina’s ad hoc committed visited and spoke with staff at the City of Desert Hot Springs and inquired about their cannabis dispensary program. They too had taken the proper steps in designing their retail cannabis ordinance in an effort to promote positive business operations and reduce/eliminate potential problems and quality of life issues. DHS has a designated cannabis liaison officer as part of their police department who handles matters related to the regulatory efforts. He reported that retail cannabis operators tend to keep each other “in check” so they all operate within the regulatory parameters. License cannabis operators will also quickly inform DHS if an unlicensed operation pops up.
City of Pasadena
We have spoken to Pasadena staff on a number of occasions. Now retired Chief of Police John Perez and I have had several conversations about retail cannabis in Pasadena. Perez informed me that the city put a lot of work in to building a strong retail ordinance that would reduce/eliminate potential problems with this type of business.
Recently we spoke with PPD’s crime analyst to once again get a sense of any potential crime issues related directly to their existing cannabis retail locations. We asked about any increase in violent crime (shootings, robberies, burglaries) and Calls for Service (CFS) within a ¼ mile radius of their dispensaries in the last year.
The city has numerous retail cannabis locations; two of the four have multiple retail locations in California and Nevada, the other two have singular locations only in Pasadena. The analyst from Pasadena Police Department examined the CFS within a ¼ mile radius of these four licensed dispensaries from the past year and here is the data, which confirmed there are no crime trends associated with these operations.
Types of Calls for Service at these locations, both citizen and officer generated are as follows:
• Transient
• False Alarm
• Disturbance Noise
• Suspicious Person
• Commercial Burglary
3
4
5 RECOMMENDATIONS ON CRIME NEAR RETAIL CANNABIS LOCATIONS The findings above are clear in that these cities have taken the necessary steps to design cannabis retail ordinances, including policies and procedures that address the important regulatory and operational matters. In a goal to have successful cannabis businesses that follow State and local licensing procedures, these cities invested in designing the proper application, inspection and operation requirements within their cannabis ordinance.
From the findings above, we found that through these well designed ordinances, crime has not risen in these communities because of the dispensaries. In some of the cities, the neighborhoods have actually been improved esthetically with exterior lighting, landscape, cameras, security and a general professional curb appeal appearance. When we spoke with law enforcement representatives in these cities, they spoke with confidence that their ordinances and robust protocols had eliminated potential problems.
Based on preliminary research of cities in Southern California that have transitioned to approving commercial cannabis businesses, the following is a summary of considerations and recommendations when identifying conditions for newly established cannabis businesses. Each of these areas have their own details to expand upon once an ordinance is drafted and approved.
1. General topics:
a. Consider limiting the number of dispensaries, cultivation sites and testing facilities within the city.
b. If the amount of cannabis businesses is limited, then application can be scored for “most qualified” and awarded permit(s).
c. One application per group/owners per type. i.e. one dispensary app, one cultivation app.
d. Create specific authorized zones that businesses can be located. e. Prior to opening, owner must obtain public health permit, other application permits and licenses from the State and local licensing agencies. f. Permit must be renewed annually.
g. Penalties (fines) for no health permit.
h. Grant access for inspections.
2. Application components:
a. City to only process complete applications.
b. Qualifications of Owner/Operators.
i. Demonstrate knowledge of industry and regulations.
ii. Employee training, operating procedures, and security. iii. Clearly define a person who is prohibited from holding a commercial cannabis permit.
c. Business Plan required.
d. Neighborhood Compatibility or Enhancement.
e. Security Plan.
i. Limit access to areas for authorized personnel.
ii. Products stored in a locked room, safe, case and vault.
6 iii. 24 hour security surveillance cameras monitoring all entrance/exits, interior spaces where cannabis, cash/currency is stored. Video maintained for 90 days.
iv. Sensors detection at entry and exits.
v. Panic buttons monitored by alarm system.
vi. Security personnel on site 24 hours a day.
vii. Facility required to remain secure during power outage. viii. Storage and transportation Plan.
ix. Identified security representative to the City.
x. Notify the City within 24 hours:
1. Significant inventory discrepancies.
2. Theft, loss, or criminal activity.
3. Unauthorized alteration of records.
4. Any other breach of security.
f. Operations Plan.
g. Odor & Waste Management Plans.
3. Dispensaries.
a. Established hours of operation.
b. No selling alcohol or tobacco.
c. No products accessible on the sales floor
d. No products visible from the exterior or outside the facility. e. No physician located on the same parcel for the purpose of evaluating patients for marijuana prescription/recommendation.
f. Must provide proof of identity before entering.
g. Requirement for an access control system to limit access to the retail area. h. Restrooms remained locked and controlled by management. i. Track and trace system.
j. Employee training program.
4. Cultivation
a. Permitted indoor only.
b. Max square footage (Pasadena’s limit is 30,000 square feet). c. No pesticides.
d. No flammable or explosive substances in the cultivation. e. No one under 21 to be present where cultivation is occurring. f. Provide PD with emergency contact.
g. Odor control devices/techniques.
h. Alarm system.
i. Not open to the public.
j. Set distance allowance a school (600 feet?).
5. Delivery
a. No one under 21 can serve as a driver.
b. Cannot deliver to City or county where it is unlawful. c. Only in conjunction with an approved retailer.
7 6. Testing Services
a. Law enforcement given unrestricted access which must be acknowledged by applicant in Operations Plan.
b. No one under 21.
c. Must be incompliance with State and local conservation laws, ordinances and regulations.
d. Odor control devices/techniques.
e. Limit the method, equipment, solvents, gases and mediums when creating extracts.
f. Not within 600 ft of parcel containing a park, library, or school. g. Not within 1,000 ft of another cannabis retailer or 500 ft of any testing laboratory. h. Maintain ISO/IEC 17025 accreditation as required by Bureau of Cannabis Control and ELAP certification.
i. Destroy batches that are in non-compliance with health and safety standards required by the bureau.
7. Operations Plan: approved by Chief of Police.
8. State license required.
9. Background check of employees, denied if shows that:
a. Dishonest or untrustworthy.
b. Committed a felony or misdemeanor involving fraud, deceit, or embezzlement. c. Convicted of a violent felony or crime of moral turpitude. d. Convicted of unlawful activity under Federal Controlled Substances Act (except for Ca medical cannabis-related offenses).
e. Insurance requirements indemnifying the City.
f. If they operated a dispensary in the city without an approval prior to this ordinance they are banned from applying.
10. Location Criteria.
a. Set distance (not within 600 ft of parcel) of a park, library, or school. b. ADA compliant.
c. Set distance (not within 600 ft) of a property line of a residential zone. d. Set distance (not within 600 ft) of a child-care center. In-home youth care, church, or substance abuse center.
e. Set distance (not within 1,000 ft) of another cannabis retailer or 500 ft of any testing laboratory.
CANNABIS CONSUMPTION BY JUVENILES
Forty-five percent of teens reported using cannabis in their lifetime and half of those who have smoked marijuana reported that they drove while impaired. Teens driving while under influence of marijuana, included running red lights, driving at high speeds, crossing center lines into opposite lanes, accidents and hitting pedestrians. A 2020 study in the Journal of Drug and Alcohol Dependence, showed these were the driving behaviors of teens who used heavy and regular recreational cannabis before the age of 16.i
8 In Washington, marijuana legalization may be working against decreases in teen drug use per a study from the Social Development Research Group at the University of Washington in Seattle.
Before legalization, teen use of marijuana and other drugs had been decreasing over the last couple of decades. ii
Substance abuse during teen and young adult years is a concern. Ninety percent of people with addictions started using substances in their teen years. Preventing and delaying substance abuse for as long as possible are important factors in reducing likelihood of problem substance abuse. iii
The science of brain development explains why teens are responsive to new experiences, positive and negative, putting them at potential risk especially for addiction. Delaying and preventing substance abuse is so important to their long-term health. Teens have an over active impulse to seek pleasure and less ability to consider consequences, they are especially vulnerable when it comes to nicotine, alcohol or drugs. iv
Published in the Journal of Studies of Alcohol and Drugs, after California legalized recreational marijuana, teen use increased. The study cited survey questions prior to legalization and after about teen marijuana use, and there was a twenty-three percent increase in use from the previous thirty days with the likelihood of lifetime marijuana use increasing eighteen percent. The researcher, Mallie Paschall, was surprised by the prevalence of use among younger adolescents, 7 th graders, relative to 9th and 11th graders. There were also increases in use among what is considered “low risk” groups. (Younger, female, non-Hispanic, white) v Citing the study mentioned in the previous paragraph: researchers suggest recreational marijuana legalization may present increased opportunities for adolescents to obtain marijuana and the increasing availability of non-smoking products such as edibles may prove appealing as well. vi Citing the survey results mentioned in the previous two paragraphs: Multilevel analyses showed recreational marijuana use (RML) after legalization was associated with increases in the likelihood of lifetime and past 30-day marijuana use. RML was also associated with marijuana use among 7th vs. 9th and 11th graders. Evidence based prevention programs and greater local control on retail marijuana sales may help to reduce the marijuana availability among adolescents. vii Teens who vape marijuana have higher risk of lung injury compared to peers who smoke or vape nicotine. Symptoms including having their sleep, speech, or exercise impeded by wheezing. Data from survey challenges that nicotine is the most harmful to lungs. Vaping cannabis has stronger relationship to respiratory symptoms per the University of Michigan’s Center for the Study of Drugs, Alcohol, Smoking and Health. viii
The density of licensed marijuana retailers is associated with more use and greater intensity of use among young adults. Research was done one year before and the year after marijuana became legal in California. Young adults who had a higher number of licensed marijuana outlets within 4 miles of their home were more likely to have used marijuana in the past month. Young adults with a greater density of unlicensed outlets had an increase in daily or near daily marijuana use. They were also more likely to show symptoms of cannabis use disorder. ixThis Research was presented in The American Journal on Addictions. x
9 RECOMMENDATIONS ON CANNABIS CONSUMPTION BY JUVENILES
There is plenty of research material available on this topic, and we have shared some of it above.
The common theme, as is with alcohol and tobacco products, is that juveniles should not consume marijuana. Recreational use by juveniles increase the chances of a lifetime use of cannabis, along with a variety of health and development concerns. Preventing and delaying substance abuse for as long as possible are important factors in reducing likelihood of problem substance abuse.
The findings above also include very common sense and well practiced approach of awareness and education to counter cannabis use by juveniles. Evidence based prevention programs and greater local control on retail marijuana sales may help to reduce the marijuana availability among adolescents. I have found that legally established cannabis retail operation has a community resource and outreach aspect. They promote education about the products and the overall industry. They partner with other NGO partners that provide school supplies, holiday food and toy drives, health fairs, support unionized labor, work-force training programs and stringent regulation of cannabis access to juveniles. The following 2021 article in the Long Beach Press Telegram provides insight on how the legal cannabis industry is protecting juveniles, while illicit cannabis operations continue to target our youth.
California’s licensed marijuana shops are doing an excellent job at preventing sales to minors, according to a first-of-its-kind study commissioned by the Insurance Institute for Highway Safety.
That means the industry is living up to a key promise advocates made when voters legalized cannabis for adults 21 and older nearly five years ago.
“Licensed marijuana retailers are clearly keen to follow the rules,” said Angela Eichelberger, a research scientist with the Insurance Institute who authored the report with University of Chicago and University of Minnesota experts. “They’re aware that the industry hasn’t won everybody over yet, and they don’t want to get shut down.”
The study did find isolated violations of state law at some legal shops, such as workers giving out free samples of edibles. And researchers offered suggestions to further boost protections for minors.
But the study’s authors said the California’s still vibrant world of unlicensed retailers is the biggest problem when it comes to selling cannabis to underage consumers. Statewide, the illicit market remains three times larger than the legal market, since the lack of taxes and regulations allows unlicensed shops to sell cheaper products to anyone who comes shopping — including minors.
Industry advocates say the situation in California presents a clear lesson for states such as New York and New Mexico that are just launching new recreational cannabis industries and want to keep marijuana away from minors.
“The legal market is solving these problems,” said Elliot Lewis, CEO of Catalyst Cannabis Co., which has five licensed shops in Los Angeles and Orange counties. “But in the illicit market, it’s obvious
10 SUMMARY
California voters legalized medical marijuana in 1996 and then followed with legalized recreational marijuana in 2016. We know that delivery services are already delivering cannabis to residents in Covina. The topic of lawful cannabis operations in Covina has been an ongoing conversation, and in 2021 the City formed an ad hoc committee to research, discuss and present findings on an ordinance that would address approved cannabis operations in the City.
This is no longer unique, daring or considered forward thinking. Cities throughout the State of California are pursuing well-constructed ordinances that permit various types of cannabis operations within their cities. Now, not sometime in the far off future, legalized cannabis businesses will occupy our communities to provide a desired product to the consumer, contribute support both financially and intrinsically to our communities. Putting that aside, the most important facet isn’t cannabis, but how an ordinance is constructed to permit such operations, and second holding the owner/operator responsible to comply with all conditions. i Good Day Sacramento CBS Local (Jan. 1, 2021). Study: More Teens Driving While High on Marijuana. Retrieved on April 5, 2021 from https://gooddaysacramento.cbslocal.com/2021/01/01/marijuana-teensdriving/?fbclid=IwAR2PwvA5VhkAwVLyhIW95BpDEpWO_cXgcWfb5s5_5ivVSBm0Q82X8xQH-cM ii University of Washington, news release. (August 18, 2020). Teen Pot Use Makes a Comeback After Legalization.
Retrieved on April 5, 2021 from https://consumer.healthday.com/public-health-information-30/marijuana-news759/teen-pot-use-makes-a-comeback-after-legalization-759737.html iii Drug Free. (n.d.) Risk Factors for Addiction. Retrieved April 5, 2021 from https://drugfree.org/article/risk-factorsproblem-use-addiction/ iv Drug Free. (n.d.) Brain Development, Teen Behavior and Preventing Drug Use. Retrieved April 5, 2021 from https://drugfree.org/article/brain-development-teen-behavior/ v Drug Free. (n.d.) Recreational Marijuana Legalization Associated with Increased Teen Use. Retrieved April 5, 2021 from Recreational Marijuana Legalization Associated with Increased Teen Use - Partnership to End Addiction (drugfree.org)
vi Journal of Studies on Alcohol and Drugs, Research News. (n.d.) Teens may be more likely to use marijuana after legalization for adult recreational use. Retrieved on April 5, 2021 from https://www.eurekalert.org/pub_releases/2021-02/joso-tmb020821.php vii Pascall, Mallie PH.D., Garcia-Ramirez, G. PH.D., Grube, J, PH.D. (February 15, 2021). Recreational Marijuana Legalization and Use Among California Adolescents: Findings From a Statewide Survey. Prevention Research Center, Pacific Institute from Research and Evaluation, Berkeley, California. Retrieved on April 5, 2021 from https://www.jsad.com/doi/pdf/10.15288/jsad.2021.82.103
viii Partnership to End Addiction Staff. (March 2021). Vaping Marijuana Poses Greater Risk to Teens’ Lungs than Vaping Nicotine. Retrieved on April 5, 2021 from Vaping Marijuana Poses Greater Risk to Teens’ Lungs Than Vaping Nicotine - Partnership to End Addiction (drugfree.org)
ix Partnership Staff. (January 2021). Study Links Density of Marijuana Retailers and High Rate of Use in Young Adults. Retrieved on April 5, 2021 from Study Links Density of Marijuana Retailers and High Rate of Use in Young Adults - Partnership to End Addiction (drugfree.org)
x Pedersen, E. PhD., Firth, C., PhD., Rodriguez, A., PhD., Shih, R., PhD., Seelam, R, MPH., Kraus, L., MS, Dunbar, M., PhD., Tucker,J., PhD., Kilmer, B., PhD., D’Amico, E., PhD. (December 30, 2020). Retrieved on April 5, 2021 from https://onlinelibrary.wiley.com/doi/10.1111/ajad.13132
San Gabriel Valley Examiner
709 E. Route 66 Ste. A
Glendora, CA 91740
626-852-3374
City of Covina
Attn: City Clerk
124 E. College St.
Covina, CA 91723
PROOF OF PUBLICATION
(201 5.5 C.C.P.)
STATE OF CALIFORNIA
County of Los Angeles
I am over the age of eighteen years, I am not
a party to the above-entitled matter. I am the
principal clerk of the Publisher of the San
Gabriel Valley Examiner, an adjudicated
newspaper of general circulation printed and
published weekly in the City of Glendora,
County of Los Angeles. The San Gabriel Valley
Examiner has been adjudged a newspaper of
general circulation by the Superior Court of
the County of Los Angeles, State of California,
under the date of July 19, 1999, case Number
KS 005341. The notice, of which the annexed
is a true printed copy, has been published in
each regular and entitled issue of said
newspaper and not any supplement thereof on
the following dates to wit:
February 9, 2023
I declare under penalty of perjury that the
foregoing is true and correct.
Executed in the City of Glendora, Los Angeles
County, California
On this 9th day of February 2023.
Signature
CITY OF COVINA
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Covina will conduct a PUBLIC HEARING in the City Hall Council Chamber, 125 East College Street, Covina, on Tuesday, February 21, 2023, at 7:30 p.m., to consider adopting the following:
1. Ordinance No. 2023-XXX, an ordinance amending Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the Covina Municipal Code to allow the establishment and operation of cannabis retailers in the C-3 Commercial Zone (Central Business), C-3A Commercial Zone (Regional or Community Shopping Center), C-4 Commercial Zone (Highway) and C-5 Commercial Zone (Specified Highway), and cannabis microbusinesses in the Light Manufacturing Zone, and adopting a Mitigated Negative Declaration pursuant to the California Environmental Quality Act.
2. Mitigated Negative Declaration (MND) and Mitigation Monitoring Reporting Program: In accordance with CEQA, the City has completed an Initial Study to determine whether the Project may have a significant effect on the environment. The Initial Study concludes that the Project, with mitigation measures, will not have a significant effect on the environment.
The City has therefore prepared a Mitigated Negative Declaration (MND), to be considered by the City Council. Pursuant to Section 15072 of the CEQA guidelines, the Project site is not on any of the lists enumerated under Section 65962.5 of the Government Code. The MND identifies that the Project would result in no impact or less than significant impacts in the following environmental impact categories: aesthetics, agricultural and forestry resources, air quality, energy, greenhouse gas emissions, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, Tribal Cultural Resources, utilities and service systems and wildfire. With the incorporation of mitigation measures identified in the MND, the potentially significant impacts of the proposed project in the following categories would be reduced below a level of significance: biological resources, cultural resources, geology and soils, and hazards and hazardous materials. No significant and unmitigable impacts have been identified in the MND. The Notice of Intent to adopt the MND was published in the San Gabriel Valley Examiner on January 12, 2023, and the MND was released for a 30-day public comment period beginning on January 12, 2023, and ending on February 11, 2023.
Public comments received on the draft Initial Study/MND will result in written “Responses to Public Comments” which will be included in an updated draft Initial Study/MND document that will be considered by the Covina City Council and a duly noticed public hearing.
Planning Commission Recommendation: On January 24, 2023, the Planning Commission conducted a duly noticed public hearing where it considered the Project and adopted Resolution No. 2023- 001PC, by a vote of three in favor, and one against (with one Planning Commissioner absent) recommending that the City Council adopt the ordinance and MND.
The City solicits any information and/or data that any citizen wishes to provide concerning the Project, and all interested citizens are invited to attend the public hearing. Any person may submit written comments to the Community Development Department, Planning Division, prior to or at the time of the hearing. If you challenge the decision on the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in correspondence submitted prior to or during the hearing.
Further information may be obtained from the City of Covina Community Development Department, Planning Division, at (626) 384-5450.
Pursuant to the Americans with Disabilities Act, the City of Covina will make reasonable efforts to accommodate persons with disabilities. If you require special accommodations, please contact the Planning Division at (626) 834-5450, at least five days in advance of this hearing.
The public may also view the meeting live on the City’s website at www.covinaca.gov. Written comments may also be submitted via email to [email protected] or mailed to the City of Covina - City Clerk, 125 E. College Street, Covina, CA 91723. If the Council Chambers are open to the public, to address the City Council in person please complete a yellow speaker card and submit it to City staff. Your name will be called when it is your time to speak.
Fabian Velez, Deputy City Clerk
Posted: Thursday, February 9, 2023
Publish in the San Gabriel Valley Examiner on February 9, 2023. #CB02
ATTACHMENT F
DRAFT
City Council/CSA/CPFA/CHA Agenda Tuesday February 21, 2023
REGULAR MEETING AGENDA
125 E. College Street, Covina, California
Council Chamber of City Hall
Tuesday, February 21, 2023
IMPORTANT NOTICE
This meeting is being conducted in accordance with Assembly Bill 361, regarding the COVID19 pandemic.
Members of the public may view the meeting live on the City’s website at www.covinaca.gov or on local cable television, Spectrum channel 29 and Frontier Channel 42. To view from the website, hover over the Departments & Services tab until the drop-down menu appears and click on City Council Video Library under the City Council header. A live banner will appear at the start of the meeting.
Public Comments: During the meeting, there will be an opportunity for the public to speak.
Public testimony is limited to five (5) minutes per speaker, unless, for good cause, the Mayor/Chairperson amends the time limit; a speaker’s time may not be transferred to another speaker. State Law prohibits the Council/Agency/Authority Members from taking action on any item not on the agenda. Those wishing to speak on a LISTED AGENDA ITEM will be heard when that item is addressed.
In Person: To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance of the Council Chamber and give it to the City Clerk. Your name will be called when it is your turn to speak.
Remotely via Zoom: Access the meeting remotely via Zoom with one of the following devices:
Computer or Smart Device:
https://us02web.zoom.us/j/83163113585?pwd=SUl6VTZDbWVBYXlpU1pBZkZXSURBdz09 Telephone:
Dial: +1 669 900 6833
Meeting ID: 831 6311 3585
Passcode: 191626
DRAFT
City Council/CSA/CPFA/CHA Agenda Tuesday February 21, 2023
1. To request to speak during public comment, please click the “Raise Hand” button on the Zoom toolbar “Reactions” tab.
Note:
Computer / Smart Device Users: The “raise hand” feature is in the reactions tab.
Telephone Users: Press star-nine (*9) on your phone to raise your hand.
2. Staff will announce your name as listed on Zoom or the last four digits of your phone number when it is your turn to speak and unmute the microphone (audio only); speaker must be present when called to speak.
3. Please state your first and last name and city of residence at the beginning of your remarks for the record.
4. The microphone will be muted by staff when you have completed your comments or five (5) minutes have expired, whichever occurs first.
Meeting Assistance Information: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at [email protected] or 626-384-5430. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA
REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING
AUTHORITY/COVINA HOUSING AUTHORITY
JOINT MEETING—CLOSED SESSION
6:30 PM – WILL NOT BE HELD
CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA
REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING
AUTHORITY/COVINA HOUSING AUTHORITY
JOINT MEETING—OPEN SESSION
7:30 PM
CALL TO ORDER
ROLL/CALL
Council/Agency/Authority Members: Hector Delgado, John C. King, Victor Linares, Mayor Pro Tem/ViceChair Walter Allen, III, and Mayor/Chair Patricia Cortez
PLEDGE OF ALLEGIANCE
Led by Mayor Pro Tem Allen
INVOCATION
Given by Covina Police Chaplain David Truax
PUBLIC COMMENTS
DRAFT
City Council/CSA/CPFA/CHA Agenda Tuesday February 21, 2023 To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance and give it to the City Clerk. Your name will be called when it is your turn to speak. Those wishing to speak on a LISTED AGENDA ITEM will be heard when that item is addressed. Those wishing to speak on an item NOT ON THE AGENDA will be heard at this time. State Law prohibits the Council/Agency/Authority Members from taking action on any item not on the agenda. Individual speakers are limited to five minutes each, unless, for good cause, the Mayor/Chairperson amends the time limit.
COUNCIL/AGENCY/AUTHORITY COMMENTS
Council/Agency/Authority Members wishing to make any announcements of public interest or to request that specific items be added to future Council/Agency/Authority agendas may do so at this time.
CITY MANAGER COMMENTS
CONSENT CALENDAR
All matters listed under consent calendar are considered routine, and will be enacted by one motion. There will be no separate discussion on these items prior to the time the Council/Agency/Authority votes on them, unless a member of the Council/Agency/Authority requests a specific item be removed from the consent calendar for discussion.
CC 1. Purchase of Microsoft Operating System 2022 Licenses Staff Recommendation:
Approve the Purchase of Microsoft Operating System 2022 Licenses.
Agenda Report - CC 1 - Pdf
CC 2. Payment of Demands
Staff Recommendation:
Approve Payment of Demands in the amount of $3,809,641.94.
Agenda Report - CC 2 - Pdf
CC 3. City of Covina Investment Report for Month Ended January 31, 2023 Staff Recommendation:
Receive and File.
Agenda Report - CC 3 - Pdf
CC 4. Approval of Budget Amendment Resolution CC 2023-09 for Land Management and Citizen Access Software and Execution of Professional Services Agreements with Clariti Cloud, Inc. for Permitting and Land Management Software Subscription Licensing and Speridian Technologies, LLC for Implementation Services Staff Recommendation:
Approve Budget Amendment Resolution CC 2023-09 for the purposes of transitioning to a new land management and citizen access software and authorize the City Manager to execute the related software subscription licensing agreement and implementation services agreement.
Agenda Report - CC 4 - Pdf
DRAFT
City Council/CSA/CPFA/CHA Agenda Tuesday February 21, 2023 CC 5. Covina Skate Park Project – Authorization to Solicit Bids Staff Recommendation:
Adoption of plans and specification and authorize staff to solicit bids for the construction for the Covina Skate Park Project.
Agenda Report - CC 5 - Pdf
CC 6. Consideration of Outreach/Promotional Services for Covina Center for the Performing Arts
Staff Recommendation:
That the City Council approve the proposed amendment to the professional services agreement with Tripepi Smith for Covina Center for the Performing Arts outreach and promotional services and make a determination that the action is exempt under CEQA.
Agenda Report - CC 6 - Pdf
CC 7. Approval of Second Amendment – HVAC Preventative Maintenance & Repairs at City Facilities Professional Services Agreement with Control Air Enterprises, LLC & Adoption of Resolution CC 2023-10 Amending the FY 2022-23 Building Maintenance Budget
Staff Recommendation:
1. Authorize the City Manager to execute the Second Amendment to the Professional Services Agreement with Control Air Enterprises, LLC; and
2. Adopt Resolution CC 2023-10 Amending the FY 2022-23 Building Maintenance Budget
Agenda Report - CC 7 - Pdf
CC 8. Escheatment of Unclaimed Funds to the City of Covina in Accordance with the Escheat of Unclaimed Property Policy
Staff Recommendation:
Authorize staff to pursue the escheatment of unclaimed funds to the City in the amount of $43,361.78 and approve the transfer of any available funds remaining unclaimed to be recognized as revenue in the General Fund in accordance with the Escheat of Unclaimed Property Policy.
Agenda Report - CC 8 - Pdf
CC 9. Fiscal Year 2022-23 Mid-Year Budget Update and Adjustments Resolution CC 2023- 11 Staff Recommendation:
1. Adopt Resolution CC 2023-11 authorizing Fiscal Year 2022-2023 mid-year budget adjustments; and
2. Receive and file the Fiscal Year 2022-23 Mid-Year Budget Update.
Agenda Report - CC 9 - Pdf
PUBLIC HEARINGS
DRAFT
City Council/CSA/CPFA/CHA Agenda Tuesday February 21, 2023 PH 1. Ordinance 23-01, Mitigated Negative Declaration (MND), and Mitigation Monitoring Reporting Program Concerning the Proposed Allowance of Cannabis Retailers and Microbusinesses to Conduct Business in the City of Covina, Subject to Proposed Amendments to Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the Covina Municipal Code, and Making a Finding in Accordance with CEQA Staff Recommendation:
That the City Council adopt the following:
1. Ordinance 23-01, an ordinance amending Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the Covina Municipal Code to allow the establishment and operation of cannabis retailers in the C-3 Commercial Zone (Central Business), C-3A Commercial Zone (Regional or Community Shopping Center), C-4 Commercial Zone (Highway) and C-5 Commercial Zone (Specified Highway), and cannabis microbusinesses in the (M-1) Light Manufacturing Zone, and adopting a Mitigated Negative Declaration pursuant to the California Environmental Quality Act; and
2. Mitigated Negative Declaration (MND) and Mitigation Monitoring Reporting Program: In accordance with CEQA, the City has completed an Initial Study to determine whether the Project may have a significant effect on the environment. The Initial Study concludes that the Project, with mitigation measures, will not have a significant effect on the environment. The City has therefore prepared a Mitigated Negative Declaration (MND), to be considered by the City Council for adoption.
Agenda Report – PH 1 - Pdf
ADJOURNMENT
The Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority will adjourn to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, March 7, 2023 at 6:30 p.m. for closed session and at 7:30 p.m. for open session inside the Council Chamber at City Hall, located at 125 East College Street, Covina, California, 91723.
The Covina City Clerk’s Office does hereby declare that the agenda for the February 21, 2023, meeting was posted on the City’s website and near the front entrances of: Covina City Hall, 125 East College Street, Covina, in accordance with California Government Code Section 54954.2(a).
If you challenge in court any discussion or action taken concerning an item on this agenda, you may be limited to raising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City’s consideration of the item at the meeting.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA, AND SUBMITTED TO THE CITY COUNCIL AFTER PUBLICATION OF THE AGENDA, ARE AVAILABLE TO THE PUBLIC IN THE CITY CLERK’S OFFICE AT 125 E.
COLLEGE STREET, COVINA.
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. PH 1
Meeting: CC Regular Meeting – Feb 21, 2023
Title: Ordinance 23-01, Mitigated Negative Declaration (MND), and Mitigation Monitoring Reporting Program Concerning the Proposed Allowance of Cannabis Retailers and Microbusinesses to Conduct Business in the City of Covina, Subject to Proposed Amendments to Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the Covina Municipal Code, and Making a Finding in Accordance with CEQA Presented By: Brian K. Lee, AICP, Director of Community Development Recommendation: That the City Council adopt the following:
1. Ordinance 23-01, an ordinance amending Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the Covina Municipal Code to allow the establishment and operation of cannabis retailers in the C-3 Commercial Zone (Central Business), C-3A Commercial Zone (Regional or Community Shopping Center), C-4 Commercial Zone (Highway) and C-5 Commercial Zone (Specified Highway), and cannabis microbusinesses in the (M-1) Light Manufacturing Zone, and adopting a Mitigated Negative Declaration pursuant to the California Environmental Quality Act; and
2. Mitigated Negative Declaration (MND) and Mitigation Monitoring Reporting Program: In accordance with CEQA, the City has completed an Initial Study to determine whether the Project may have a significant effect on the environment.
The Initial Study concludes that the Project, with mitigation measures, will not have a significant effect on the environment. The City has therefore prepared a Mitigated Negative Declaration (MND), to be considered by the City Council for adoption.
EXECUTIVE SUMMARY / BACKGROUND:
In November 2016, California voters approved Proposition 64 by a 57% majority, which outlines the adult use of cannabis including regulations related to cultivation, manufacturing, testing, and retail sales. As a part of these regulations, cities maintain the ability to regulate local businesses, enforce zoning rules, impose taxes and penalize unpermitted uses. State law further requires businesses in this industry to obtain a local permit prior to obtaining a State license.
Currently, cannabis activities are prohibited within Covina (Covina Municipal Code section 17.84.030), with the exception of cannabis that is cultivated at private residences for individual consumption, in compliance with State law. Despite this, various cannabis businesses have continued to express interest in opening up businesses in the City.
In the summer of 2020, the City Council requested an update on statewide regulations related to cannabis. This request was prompted by ongoing changes in the regulatory environment, coupled with the observation that a growing number of local agencies have decided to implement local programs. Following its discussion, the City Council created an Ad-Hoc Committee (“Committee”) comprised of two (2) Councilmembers and staff from the
City Manager’s Office, City Attorney’s Office, Police Department, and Community Development Department to further study the cannabis issue, as it could potentially pertain to its regulation within the City of Covina.
In the fall of 2020, pursuant to the recommendation of the Committee, the City Council approved the completion of a community survey on several topics (including cannabis) to better gauge public feedback on various community issues. Findings were presented to the Council in February 2021 and following its review, the Council provided direction to further evaluate five (5) focus areas related to cannabis programs. (Note: A detailed summary of the Ad-Hoc Committee’s evaluation and findings is on file with the City Clerk.) Subsequently, over the past approximately two (2) years, the City has engaged in an extensive analysis of the State’s voter-approved legalization of cannabis products. This analysis has included a comprehensive review of laws, the study of other communities that have adopted local cannabis programs, an evaluation of potential public safety/public health impacts associated with cannabis, and a robust community outreach component to engage the public on the topic. Included in the aforementioned research by the City Council Ad-Hoc Committee (“Committee”) has included dialogue with various cannabis industry entities as to how they operate, as well as research of other communities that have developed their own local regulatory programs such as the cities of Desert Hot Springs, Lake Elsinore, Palm Desert, Pasadena, Port Hueneme, and Turlock.
It should be noted that the work of the Committee included a robust public engagement process, including a public opinion survey, four (4) general outreach workshops and four (4) presentations at City Advisory Commission meetings, and a Cannabis Workshop Presentation to the Planning Commission on July 27, 2021. Throughout the Committee’s research, public safety concerns have been at forefront of the Committee’s review of this topic, including learning about how cannabis businesses integrate with existing businesses, the measures that are used to prevent youth consumption, the measures that are used to address impaired driving and learning about any unintended consequences that have resulted from local programs.
o Public Safety:
As previously mentioned, the public safety concerns of potential cannabis operations within Covina is of significant concern. Therefore, additional research was also completed to identify public safety/public health issues that other communities may have experienced following the opening of local cannabis businesses. Police Department staff completed subsequent outreach with the cities of Desert Hot Springs, Lake Elsinore, Pasadena, and Pomona which is summarized below as follows:
City General Feedback
Desert Hot
Springs
12 permitted retail locations in operation
Designated a cannabis liaison officer in the police department to manage regulatory compliance matters
Developed operating requirements that minimize potential quality of life issues. No reported public safety issues
Lake Elsinore 6 permitted retail locations in operation Developed operating requirements that promote positive business establishments in the community/adjacent neighborhood.
Incorporate lighting requirements, facility development standards, onsite/video security requirements
No reported public safety issues
Pasadena 4 permitted retail locations in operation
Developed strong operating conditions to prevent potential quality of life impacts.
Furthermore, Covina Police Chief Povero further analyzed public safety issues associated with cannabis operations and prepared a June 29, 2022 memorandum in regard to crime associated in the immediate vicinity of retail cannabis dispensaries, as well as concerns about cannabis consumption by juveniles. Chief Povero’s memorandum is attached as Attachment 1.
o Published Studies on Cannabis and Public Health/Safety:
Staff also evaluated several studies to determine potential public health/safety impacts that may be associated with local cannabis establishments. The findings are mixed – while some studies show increases in youth consumption as a result of increased legalization efforts, others show decreases. For example, a 2020 study by the University of Washington noted that cannabis legalization efforts may be working against observed decreases in teen drug use in prior decades. Further, a 2021 study published in the Journal of Studies of Alcohol and Drugs reported a 23% increase in teen drug use following California’s legalization of cannabis. The study noted the prevalence of use among younger adolescents (7th-grade students) in comparison to 9th and 11th-grade students. 1 Another study in 2022 funded by the National Institute on Drug Abuse and led by the University of Michigan called “Monitoring the Future” reported decreases in youth usage of marijuana from the prior year. The study found a 12% decline in 12th graders that had tried marijuana, a 25% decline in 10th graders, and a 15% decline in 8th graders. The study notes that these declines could be an unintended consequence of the pandemic, citing it could have impacted access to obtaining marijuana or disruptions in peer-related activities that may encourage drug use. 2
Other studies have evaluated the impacts of legal cannabis establishments on criminal activity – again with mixed results. A study by the USC Marshall School of Business and UC Irvine Merage School of Business observed that there was an immediate increase in crime around establishments that were ordered to close relative to those allowed to remain open3. Another study by the IZA Institute of Labor Economics in 2018 found no relationship between laws that legally permit cannabis sales and reported violent crime, but did note a positive association with retail establishments and driving under the influence arrests.4 In 2022, the City of Sacramento published a report that evaluated the cannabis industry’s impacts on the City’s economy, real estate, and neighborhoods, among other topics. In it, the authors noted that cannabis businesses have not had a net negative impact on nearby retail, industrial uses, nearby home values or crime (in comparison with other businesses). This included a $40 per square foot value increase for homes sold within a quarter-mile of cannabis businesses in comparison with homes a quarter-mile to a half-mile away from such businesses. The study also noted that a proliferation of cannabis businesses has not generated a proportional increase in crimes targeting
1 Jennifer A. Bailey. Cannabis Legalization: Youth Substance Use, Conduct Problems & HIV Risk Behavior (University of Washington, December 2020)
2 Richard A. Miech. Monitoring the Future: Drug Use and Lifestyles of American Youth (University of Michigan, March 2022) 3 Hunt, Pacula, Wenberger. High on Crime? Exploring the Effects of Marijuana Dispensary Laws on Crime in California Counties (IZA Institute of Labor Economics, May 2018)
4 Chang, Jacobson. Going to Pot? The Impact of Dispensary Closures on Crime (USC School of Business and UC Irvine School of Business, March 2017)
Provided crime statistics over the previous year within a ¼ mile radius of existing retail locations. No reported crime trends associated with the establishments.
Pomona 2 permitted retail locations in operation
Emphasized the importance of developing operating regulations and a thorough application process to vet applicants.
No reported public safety issues.
these businesses, suggesting that the enhanced security measures employed by these businesses are a strong deterrent to crime.5
In comparison, a 2019 study conducted by the University of Colorado Denver found that neighborhoods with one or more cannabis retail establishments experienced increased crime rates that were between 26% and 1,452% higher than neighborhoods without such establishments. The study also noted that the strongest associations between these establishments and crime weakened significantly over time and also suggested that developing a secure financial transaction system for cannabis businesses could be beneficial.6 To address these public health/safety considerations, some local agencies have begun to apply proceeds from cannabis revenues towards programs that support public health/safety goals. For example, the City of Santa Cruz recently proposed a charter amendment that would create a Children’s Fund for childhood development programs that would be funded through a permanent allocation of 20% of all cannabis tax revenues. Other agencies like Santa Ana, Monterey County, and Humboldt County have also pursued such efforts.
DISCUSSION:
At the July 19, 2022, City Council meeting, upon considering the recommendations from the Committee, the City Council adopted Resolution CC 2022-78, which appropriated funds to complete specialized services to further evaluate the creation of a City of Covina cannabis program and authorize the City Manager to enter into professional services agreements to complete this work, as well as initiate the preparation of a Mitigated Negative Declaration.
On January 24, 2023, the Planning Commission adopted Resolution 2023-001 PC (Attachment 2), recommending that the City Council adopt Ordinance 23-01 and, upon the preparation of the response to comments to the Draft Mitigated Negative Declaration and Mitigation Monitoring Reporting Program, approve the Mitigated Negative Declaration and Mitigation Monitoring Program because the Project would not have a significant effect on the environment with the mitigation imposed pursuant to the provisions of the California Environmental Quality Act.
o Ordinance:
Based on its research, the Committee compiled a list of measures that have been used in other communities to protect public health/safety. Some of these include regular facility inspections, requiring identification cards and background checks for employees, prohibiting onsite consumption, prohibiting gatherings before/after operations, requiring onsite security and surveillance systems, implementing a strict enforcement system to address City code violations, and utilizing public benefit funds to facilitate community health and youth programs, among others. These measures are included in the attached Ordinance (Attachment 3) and summarized in the table below.
Section 5.08 – Zoning Ordinance to Permit Local Cannabis Businesses
5 City of Sacramento. Sacramento Comprehensive Cannabis Study (March 2022) 6 Hughes, Schaible, Jimmerson. Marijuana Dispensaries and Neighborhood Crime and Disorder in Denver, Co (University of Colorado at Denver, February 2019)
Section Topic Description
5.08.060 Owner/Employee
Background
Checks
Required for owner and employees;
Denial of Permit/Employment if convicted of a certain felony convictions
5.08.070 Persons
Prohibited from
Holding Permit or
Employment with
Cannabis
Business
If, in past 5 years, business owner/partner conducted cannabis activity in violation of any other codes; delinquent on taxes/fees; under 21 years of age, violent felony conviction, felony/misdemeanor for fraud, deceit, embezzlement or moral turpitude; licensed physician providing cannabis prescriptions; Failure to pay City
application/processing fees
5.08.080 Maximum
Number of
Businesses
Permitted
1 per 15,000 residents
5.08.090 City’s
Reservation of
Rights
City can reject applications, modify/cancel a request for applications, and request additional information from candidates applying for a permit;
Grounds for rejection: application received after deadline, application was not responsive/complete; application does not comply with ordinance
5.08.100 Procedure/Review
Criteria for
Applicants
Adopted by City Council; Objective criteria and point system to score applications; applicants with 10+ employees must enter into a labor peace agreement
5.80.110 Application
Review
CD Director review for zoning; City Manager appoints review committee and makes recommendation to Council for consideration
5.80.130 Scope of
Approval
Business must be in continuous operation for preceding 4 months or will be considered abandoned unless an extension is approved
5.80.150 Renewal of
Cannabis Permit
Applicant files 60 days before expiration, must be good standing, must have been operating continuously for previous 4 months; must renew State license
5.80.160 Revocation of
Permit
May be revoked if in violation of State/Local laws, policies, regulations, or CUP
5.80.170 State License
Suspension
Local permit suspended upon notification of State
suspension/revocation
5.80.180 Appeals Must be filed within 10 days of City decision to deny application
Section Topic Description
5.08.190 Permit Not
Transferrable
Cannabis business permits are not transferrable
5.08.200 Right to Occupy
and Use Property
Business must provide sufficient evidence of the legal right to occupy/use a proposed location (signed lease, notarized statement, etc.)
5.08.210 Records/Record
Keeping
Business must maintain accurate records; Provide audited financial statements annually; Maintain a register of employee names; Maintain
an inventory control/reporting system to document quantities and types of products.
Section 17.84 – Cannabis Prohibitions and Regulations
Section Topic Description
17.84.040 Permits/Approvals
Required
CUP, Cannabis Business Permit, Business License, State License, Development Agreement, Operations Plan
17.84.050 Compliance with
State/Local Laws
and Regulation
Comply with State and local laws and regulations
17.84.060 Procedures/Findings
for Approval of
CUP
Recommendation from Planning Commission and Approval by City Council; Compliance with CEQA
17.84.070 Development
Standards
Comply with various requirements:
Underlying zoning standards –
o Light Manufacturing (M-1) for microbusinesses, and
C-3 Commercial Zone (Central Business), C-3A
Commercial Zone (Regional or Community
Shopping Center), C-4 Commercial Zone (Highway)
and C-5 Commercial Zone (Specified Highway) for
cannabis retailers
Maximum of one business per 15,000 residents
600 feet buffer from schools, youth centers, and day care centers
Permitted Types: Microbusiness or storefront retail business Hours of operation: 9 AM – 9 PM for adult-use retailers Access: Provide access only to individuals 21 years + or 18+ if they possess a doctor’s prescription
Maintain a secured inventory area
Keep restrooms locked
Prohibit resale, loitering onsite, drive-through sales Maintain customer parking
Establish limited access areas to employees/agents
Provide ownership, vehicle information for delivery vehicles
17.84.080 Security Provide sufficient security measures per PD requirements – fencing, lighting, after-hours security, secured storage area for products, panic buttons, alarm system, security personnel on site during hours of operation; controlled entrance to business;
track/trace system for products; well-maintained exterior areas; emergency plans
Maintain video surveillance – 24 hour/day, HD quality, all entrances and exits, all interior spaces; maintain videos for 90 days; battery backup and provide a dedicated security liaison
17.84.090 Performance
Standards
Restrict alcohol and tobacco sales/consumption
Restrict onsite cannabis consumption
Prohibit use of graphics at establishment or on delivery vehicles
Report and track products sold and sales amounts
Sell products manufactured at State licensed facilities Maintain emergency contact information
Signage – obtain sign permit, no placement to obstruct entrance/exit or windows, no logos or other information that identifies products offered; no temporary sign persons; no cannabis products on signs
Lighting/Noise/Odor – comply with City standards
Minors – under age 21 not allowed on premises or as
employee; persons 18-20 allowed with doctor prescription
17.84.100 Promulgation of
Regulation,
Standards
City may establish additional rules, regulations and standards related to issuing, denying or renewing permits
17.84.110 Limitations to City’s
Liability
Applicants must indemnify City, maintain insurance acceptable to City standards, reimburse City in the event of legal challenges
17.84.120 Indoor Cultivation
for Personal Use
Same as existing, comply with State law
17.84.130 Exceptions Persons 21 years + may possess, purchase, and transport up to 28.5 grams of cannabis, up to 8 grams of concentrated cannabis
17.84.140 Violations/Penalties City may bring Civil action
17.84.150 Public Nuisance
Prohibited
May be declared as a result of odors, repeated law enforcement responses, repeated disruption to neighborhood/noise regulations, other impacts to the neighborhood, outdoor growing/cultivation of cannabis
At the January 24, 2023 Planning Commission meeting, staff recommended that definition of “Youth Center” contained in the “Definitions” section of the proposed Ordinance (Section 17.84.020) be revised for clarity. “Youth Center” is defined to include private entities that contain ten (10) or more arcade games. “Youth Center” was also defined to provide that it did not include a pizza parlor. Staff is aware of at least one example in the City where a pizza parlor has more than ten (10) arcade games. Therefore, staff recommended revising the definition of “Youth Center” to clarify that any pizza parlor with a video arcade where ten (10) or more video games operated shall be considered a “Youth center”. The Planning Commission recommended the approval of the ordinance with this revision.
RECOMMENDATION:
At the conclusion of the Planning Commission meeting, the Planning Commission voted to recommend to the City Council the following action:
Mitigated Negative Declaration (MND) and Mitigation Monitoring Reporting Program; and, Ordinance 23-01, as amended to include the definition that pizza parlors with ten (10) or more arcade games to be classified as “Youth Center”.
Following the Planning Commission’s adoption of 2023-001 PC, the City Council Ad-Hoc Committee met to review feedback and comments. As part of this review, the Committee concurred with the Planning Commission recommendation to include the expanded definition of a “Youth Center” to include private entities and pizza parlors that contain ten (10) or more arcade games. The Committee further recommended that the existing draft zoning map of potential parcels (Attachment 5) be updated to define areas in the Downtown Covina shopping district where cannabis uses would be prohibited. As proposed, the Downtown Covina shopping district would be defined to include all properties located on/south of San Bernardino Road, on or north of Badillo Street, east of Third Street and west of Second Avenue.
FISCAL IMPACT:
There is no fiscal impact at this time.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Pursuant to the provisions of CEQA, the City of Covina in its capacity as “Lead Agency” is required to prepare an Initial Study to determine if the proposed draft Cannabis Ordinance would result in significant environmental impacts.
The City has prepared a draft Initial Study/Mitigated Negative Declaration to provide the public and responsible agencies with information about the potential environmental impacts associated with the implementation of the “Project”, in this case, the adoption of the draft Cannabis Ordinance. As part of the preparation of the draft Initial Study/Mitigated Negative Declaration, a mandatory 30-day Public Review period was required. The Public Review period for this project commenced on January 12, 2023, and concluded on February 11, 2023. Public comments received on the draft Initial Study/Mitigated Negative Declaration resulted in a written “Response to Public Comments”, and is included in Section 7 of Attachment 4 (Mitigated Negative Declaration) for the City Council to consider. The draft Initial Study/Mitigated Negative Declaration is included as Attachment 4 and is accessible on the City’s website at www.covinaca.gov/pc/page/local-cannabis-program-ordinance.
Pursuant to Section 15072 of the CEQA guidelines, the Project site is not on any of the lists enumerated under Section 65962.5 of the Government Code. The MND identifies that the Project would result in no impact or less than significant impacts in the following environmental impact categories: aesthetics, agricultural and forestry resources, air quality, energy, greenhouse gas emissions, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, Tribal Cultural Resources, utilities and service systems and wildfire. With the incorporation of mitigation measures identified in the MND, the potentially significant impacts of the proposed project in the following categories would be reduced below a level of significance: biological resources, cultural resources, geology and soils, and hazards and hazardous materials. No significant and unmitigable impacts have been identified in the MND.
ATTACHMENTS:
Attachment A – Interoffice Memorandum from the Chief of Police dated June 29, 2022 Attachment B – Resolution 2023-001 PC
Attachment C – Ordinance 23-01
Attachment D – Mitigated Negative Declaration and Mitigation Monitoring Reporting Program Attachment E – Updated Draft Zoning Map of Potential Parcels Respectfully submitted,
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MINUTES OF FEBRUARY 21, 2023
REGULAR MEETING OF THE COVINA CITY COUNCIL/ SUCCESSOR AGENCY TO
THE COVINA REDEVELOPMENT AGENCY/ COVINA PUBLIC FINANCING
AUTHORITY/ COVINA HOUSING AUTHORITY HELD IN THE COUNCIL CHAMBER OF CITY HALL, 125 EAST COLLEGE STREET, COVINA, CALIFORNIA AND
VIRTUALLY VIA ZOOM
CALL TO ORDER
Mayor Cortez called the Council/Agency/Authority meeting to order at 7: 33 p.m. with all Councilmembers present.
ROLL CALL
Councilmembers Present: Hector Delgado, John C. King, Victor Linares, Mayor Pro Tem/ Vice- Chair Walter Allen, III, and Mayor/ Chair Patricia Cortez.
Councilmembers Absent: None.
Elected Members Present: City Clerk Drew Aleman, City Treasurer Neil Polzin.
Staff Members Present: City Manager Chris Marcarello, City Attorney Candice K. Lee, Police Chief David Povero, Administrative Services Director Anita Agramonte, Community Development Director Brian Lee, Parks & Recreation/ Library Services Director Lisa Evans, Public Works Director Andy Bullington, Interim Chief Deputy City Clerk Evelyn Leach, and Deputy City Manager Angel Carrillo.
PLEDGE OF ALLEGIANCE
Led by Mayor Pro Tem Allen.
INVOCATION
Given by Covina Police Chaplain David Truax.
PUBLIC COMMENTS
City Treasurer Neil Polzin addressed Council regarding agenda item CC8 - Escheatment of Unclaimed Funds to the City of Covina in Accordance with the Escheat of Unclaimed Property Policy. He requested Council not approve this item and quoted Government Code indicating the item should be published in a newspaper and the City Treasurer should review, which he has not.
COUNCIL/ AGENCY/ AUTHORITY COMMENTS
Councilmember King did not have any comments.
COUNCIL/ CSA/ CPFA/ CHA MINUTES Page 1 of 6 Tuesday, February 21, 2023 Page 548 of 553 Councilmember Linares indicated that he had received calls regarding concerns about coyote problems and suggested advising residents to be careful.
Councilmember Delgado did not have any comments.
Mayor Pro Tem Allen thanked staff for all their work on the budget revisions and moving forward with the Laugh Factory.
Mayor Cortez reported that a resident living in the neighborhood behind IKEA expressed concern regarding the left turn lane from Workman on to Barranca. Apparently, there are recurring problems with accidents at this location. Mayor Cortez requested staff look into this issue and perhaps have the Traffic Commission also review.
CITY MANAGER COMMENTS
City Manager Marcarello stated he appreciated the community being patient during the rehabilitation program on Citrus Avenue and looks forward to completion of the project.
CONSENT CALENDAR
Councilmember King requested CC 8 be pulled from Consent and Mayor Pro Tem Allen pulled CC 5.
AMINO A motion was made by Councilmember King, seconded by Councilmember Linares, to approve Consent Calendar items CC 1 through CC 4, CC 6, CC7 and CC 9 as presented.
Motion approved by roll call votefor Consent Calendar items CC 1 through CC 4, CC 6, CC 7 and CC 9 as presented:
AYES: DELGADO, KING, LINARES, ALLEN, CORTEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CC 1. City Council approved the purchase of Microsoft Operating System 2022 Licenses.
CC 2. City Council approved the Payment of Demands in the amount of$ 3, 809, 641. 94.
CC 3. City Council approved the City of Covina Investment Report for month ended January 31, 2023.
CC 4. City Council authorized Budget Amendment Resolution CC 2023- 09 for the purposes of transitioning to a new land management and citizen access software and authorize the City Manager to execute the related software subscription licensing agreement and implementation services agreement.
MINIM
CC 6. City Council approved the proposed amendment to the professional services agreement with Tripepi Smith for Covina Center for the Performing Arts outreach and promotional services. In addition, a determination was made that the action is exempt under CEQA.
COUNCIL/ CSA/ CPFA/ CHA MINUTES Page 2 of 6 Tuesday, February 21, 2023 Page 549 of 553 CC 7. City Council approved the Second Amendment— HVAC Preventative Maintenance& Repairs at City Facilities Professional Services Agreement with Control Air Enterprises, LLC & adopted of Resolution CC 2023- 10 Amending the FY 2022- 23 Building Maintenance Budget.
CC 9. City Council adopted Resolution CC 2023- 11, authorizing Fiscal Year 2022- 2023 mid- year budget adjustments.
CONSENT CALENDAR ITEMS PULLED FOR SEPARATE DISCUSSION
CC 5. Covina Skate Park Project— Authorization to Solicit Bids Staff Recommendation:
Adoption of plans and specification and authorize staff to solicit bids for the construction for the Covina Skate Park Project.
Mayor Pro Tern Allen indicated he requested this item be pulled because it is good news. He added this is the first skate park in the history of Covina and complimented staff for the great addition to Wingate Park.
A motion was made by Mayor Pro Tern Allen, seconded by Councilmember Linares, to approve Consent Calendar item CC 5 as presented.
Motion approved by roll call vote for Consent Calendar item CC 5 as follows:
AYES: DELGADO, KING, LINARES, ALLEN, CORTEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CC 8. Escheatment of Unclaimed Funds to the City of Covina in Accordance with the Escheat of Unclaimed Property Policy
Staff Recommendation:
Authorize staffto pursue the escheatment ofunclaimed funds to the City in the amount of$43, 361. 78 and approve the transfer of any available funds remaining unclaimed to be recognized as revenue in the General Fund in accordance with the Escheat of Unclaimed Property Policy.
Councilmember King asked City Manager Marcarello ifthis item needs to be continued due to the comments by City Treasurer Polzin.
City Manager Marcarello indicated that this relates to city policy regarding unclaimed monies or funds collected by the city. He added that after three years the monies revert back to the city and that all related actions are completed in accordance with the Government Code, including two public noticing dates. He requested that Director of Administrative Services Agramonte provide further information.
COUNCIL/ CSA/ CPFA/ CHA MINUTES Page 3 of 6 Tuesday, February 21, 2023 Page 550 of 553 Director of Administrative Services Agramonte responded to questions regarding this item. She indicated that city policy dictates how escheatment is handled. She added that publishing, as noted, will take place and City Treasurer Polzin will be given access to the information.
Mayor Cortez asked if procedure was followed with Director Agramonte indicating the only step that was not completed was to provide City Treasurer Polzin with the information. This is done every year and the amounts are very small. Otherwise, the internal process was thoroughly followed and is standard procedure.
A motion was made by Councilmember King, seconded by Mayor Pro Tem Allen, to approve Consent Calendar item CC 8 as presented.
Motion approved by roll call vote for Consent Calendar item CC 8 as follows:
AYES: DELGADO, KING, LINARES, ALLEN, CORTEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
PUBLIC HEARINGS
PH 1. Ordinance 23- 01, Mitigated Negative Declaration( MND), and Mitigation Monitoring Reporting Program Concerning the Proposed Allowance of Cannabis Retailers and Microbusinesses to Conduct Business in the City of Covina, Subject to Proposed Amendments to Title 5 ( Business Licenses and Regulations) and Title 17 ( Zoning) of the Covina Municipal Code, and Making a Finding in Accordance with CEQA.
Staff Recommendation:
That the City Council adopt the following:
1. Ordinance 23- 01, an ordinance amending Title 5 ( Business Licenses and Regulations) and Title 17 ( Zoning) of the Covina Municipal Code to allow the establishment and operation of cannabis retailers in the C- 3 Commercial Zone Central Business), C- 3A Commercial Zone ( Regional or Community Shopping Center), C- 4 Commercial Zone ( Highway) and C- 5 Commercial Zone ( Specified Highway), and cannabis microbusinesses in the ( M- 1) Light Manufacturing Zone, and adopting a Mitigated Negative Declaration pursuant to the California Environmental Quality Act; and
2. Mitigated Negative Declaration ( MND) and Mitigation Monitoring Reporting Program: In accordance with CEQA, the City has completed an Initial Study to determine whether the Project may have a significant effect on the environment. The Initial Study concludes that the Project, with mitigation measures, will not have a significant effect on the environment. The City has therefore prepared a Mitigated Negative Declaration( MND), to be considered by the City Council for adoption.
The public hearing was opened.
City Manager Marcarello provided a brief introduction and PowerPoint explanation of project to date.
COUNCIL/ CSA/ CPFA/ CHA MINUTES Page 4 of 6 Tuesday, February 21, 2023 Page 551 of 553 Community Development Director Lee provided information regarding the Planning Commission recommendations.
City Attorney Maricela Marroquin provided a comprehensive overview of the proposed DRAFT Ordinance— which included revisions to the document.
Deputy City Manager Carrillo provided a detailed explanation regarding a map outlining the recommended 600- foot buffer which is addressed in the Ordinance.
Questions and discussion followed requiring additional explanation by Deputy City Manager Carrillo regarding the buffer zone areas.
City Manager Marcarello concluded indicating staff recommendation is to adopt Ordinance 23- 01 as amended.
Council provided questions regarding the process, and additional clarification regarding the proposed 600- foot buffer areas, CUP process, and cash only dispensary issues.
The following individuals spoke in favor of the proposed Ordinance: John Brittain, Robert Edmonds, Rick Probst, Richard Erskian.
The public hearing was closed.
Mayor Pro Tem Allen thanked staff and City Attorney Marroquin for doing a great job. He expressed concern about the Ordinance and indicated he would be voting NO.
Councilmember Delgado indicated he respected Mayor Pro Tem Allen; however, felt the city needed to be progressive and control businesses in our city.
Councilmember Linares thanked staff and stated he also felt the city needed to control businesses in our city.
Councilmember King also thanked staff and stated local control was important. He stated that this was not a get rich quick scheme— but more about keeping control of businesses in our city.
Mayor Pro Tern Allen added, that for the record, local control would not be lost and cited Proposition 64.
Mayor Cortez thanked City Attorneys Lee and Marroquin and staff for their great work on this issue; however, felt there was still a lot of work to be done and appreciates all the thought put into this including community outreach.
City Attorney Lee recommended, for the record, that revisions be outlined and provided an overview of recommended revisions to the Ordinance 23- 01, as follows:
Staff has recommended approval of Ordinance 23- 01, approval of Mitigated Negative Declaration MND) and Mitigation Monitoring Reporting Program with the following three revisions:
COUNCIL/ CSA/ CPFA/ CHA MINUTES Page 5 of 6 Tuesday, February 21, 2023 Page 552 of 553
1. Sections 5. 80. 110A., there is reference to 17. 84.030( D) which should be 17. 840.030(B);
2. Change to 17. 84. 030( B) 1 — striking all of the language after (C) 5 commercial zone specified highway; and
3. Revising 17. 84. 070C — last 3 words refer to residentially zoned properties should be stricken and replaced with the word " park."
A motion was made by Councilmember Delgado, seconded by Councilmember King, to approve Ordinance 23- 01, Mitigated Negative Declaration ( MND), and Mitigation Monitoring Reporting Program, Concerning the Proposed Allowance of Cannabis Retailers and Microbusinesses to Conduct Business in the City of Covina, Subject to Proposed Amendments to Title 5 ( Business Licenses and Regulations) and Title 17 ( Zoning) of the Covina Municipal Code, and Making a Finding in Accordance with CEQA with recommended revisions as follows:
Motion approved by roll call votefor Public Hearing item PH 1 asfollows:
AYES: KING, LINARES, MARQUEZ, CORTEZ
NOES: ALLEN
ABSTAIN: NONE
ABSENT: NONE
Following the vote, Councilmembers King and Linares requested that a policy be brought back regarding Council contact with individuals applying for licenses to sell Cannabis. It was stated that Council wants to remain as transparent as possible.
ADJOURNMENT
At 8: 58 p. m., the Covina City Council/ Successor Agency to the Covina Redevelopment Agency/ Covina Public Financing Authority/ Covina Housing Authority adjourned to its next regular meeting of the Council/ Agency/ Authority scheduled for Tuesday, March 7, 2023, at 6: 30 p.m., for closed session and 7: 30 p.m., for open session in the Council Chamber located inside of City Hall, 125 East College Street, Covina, California, 91723.
Respectfully Submitted:
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velyn L each, Chief Deputy City Clerk
Approved this 7th day of March, 2023:
P tricia oVtez Mayor/ f air
COUNCIL/ CSA/ CPFA/ CHA MINUTES Page 6 of 6