HomeMy WebLinkAbout06. Exhibit D.2 - Draft EIR Clarifications and Revisions3-1
3.0 DRAFT EIR CLARIFICATIONS AND REVISIONS
Minor clarifications and revisions to the Draft Environmental Impact Report (EIR) recommended by the
City of Downey or in response to comments received are documented in this section of the Final EIR.
The Draft EIR has not been modified and will not be re-published in its entirety as a single document to
reflect these EIR modifications. The Draft EIR has been attached to this document as Appendix C.
The information included in these minor clarifications and/or revisions does not constitute substantial
new information that requires recirculation of the Draft EIR. Section 15088.5 of the State CEQA
Guidelines states in part:
(a)A lead agency is required to recirculate an EIR when significant new information is added to the
EIR after public notice is given of the availability of the draft EIR for public review under Section
15087 but before certification. As used in this section, the term “information” can include
changes in the project or environmental setting as well as additional data or other information.
New information added to an EIR is not “significant” unless the EIR is changed in a way that
deprives the public of a meaningful opportunity to comment upon a substantial adverse
environmental effect of the project or a feasible way to mitigate or avoid such an effect
(including a feasible project alternative) that the project’s proponents have declined to
implement. “Significant new information” requiring recirculation includes, for example, a
disclosure showing that:
(1)A new significant environmental impact would result from the project or from a new
mitigation measure proposed to be implemented.
(2)A substantial increase in the severity of an environmental impact would result unless
mitigation measures are adopted that reduce the impact to a level of insignificance.
(3)A feasible project alternative or mitigation measure considerably different from others
previously analyzed would clearly lessen the significant environmental impacts of the
project, but the project’s proponents decline to adopt it.
(4)The draft EIR was so fundamentally and basically inadequate and conclusory in nature that
meaningful public review and comment were precluded.
(b)Recirculation is not required where the new information added to the EIR merely clarifies or
amplifies or makes insignificant modifications in an adequate EIR.
The changes to the Draft EIR included in these modifications do not constitute “significant” new
information because:
•No new significant environmental impacts would result from the project or from a new
mitigation measure.
•There is no substantial increase in the severity of an environmental impact that would result
unless mitigation measures are adopted that reduce the identified significant impacts to a level
of insignificance.
Exhibit D.2
3.0 – Draft EIR Clarifications and Revisions
3-2
• No feasible project alternative or mitigation measure considerably different from others
previously analyzed has been proposed or identified that would clearly lessen the significant
environmental impacts of the project.
• The Draft EIR is not fundamentally or basically inadequate or conclusory in nature such that
meaningful public review and comment were precluded.
Therefore, recirculation of the Draft EIR is not required because the new information added to the EIR
through these modifications clarifies information already provided or makes minor modifications to the
already adequate Draft EIR.
The EIR modifications contained below are presented in the same order as the information that appears
in the Draft EIR. Changes in text are signified by strikeouts (strikeouts) where text has been removed and
by bold underline (underline) where text has been added. The applicable page numbers from the Draft
EIR are also provided where necessary for easy reference.
3.1.1 Executive Summary
No changes have been made to this Section of the Draft EIR.
3.1.2 Chapter 1.0 – Introduction
In Section 1.4.1, Notice of Preparation, Scoping, and Opportunities for Public Input, the DEIR incorrectly
stated that the original NOP was released on March 29, 2022 instead of March 25, 2022. The DEIR also
incorrectly stated the date of the EIR scoping meeting, which was actually held April 18. 2022. The text
of Section 1.4.1 has been updated, as shown below:
The City prepared and distributed a Notice of Preparation (NOP) that was available for public review
between March 29 25, 2022 and April 27, 2022. However, due to mailing issues with NOP copies sent to
public agencies, the City issued an updated NOP to those recipients on April 25, 2022 and accepted
responses through May 25, 2022. Comments received on the NOP have been considered in this EIR, as
described further below. The City also hosted an EIR scoping meeting on March April 18, 2022, in the
Downey City Hall Council Chambers, Downey, California. The scoping meeting is for jurisdictional
agencies and interested persons or groups to provide comments regarding, but not limited to, the range
of actions, alternatives, mitigation measures, and environmental effects to be analyzed. The meeting
was attended by City staff, Project applicant representatives, and consultants; however, no members of
the public or jurisdictional agency staff attended the meeting.
3.1.3 Chapter 2.0 – Project Description
A minor revision to the list of necessary approvals for the Project has been made. The text of
Section 2.8, Necessary Approvals, has been updated, as shown below:
The City of Downey will be responsible for Final EIR certification, as set forth in State CEQA Guidelines
§15090 based on the standards of adequacy for an EIR (State CEQA Guidelines §15151). Final EIR
certification would occur concurrent with consideration of the following discretionary actions by
the City:
Exhibit D.2
3.0 – Draft EIR Clarifications and Revisions
3-3
• Site Plan Review
• Conditional Use Permit
• Variance of Standards (for building height)
• Lot Merger
• Demolition Permit
• Grading Permit
• Building Permit
• Construction Traffic Management Plan
• Temporary Use of Land Permit (for nighttime construction)
3.1.4 Chapter 3.0 – Basis for Cumulative Analysis
No changes have been made to this Section of the Draft EIR.
3.1.5 Section 4.0 – Environmental Analysis
No changes have been made to this Section of the Draft EIR.
3.1.6 Section 4.1 – Aesthetics
No changes have been made to this Section of the Draft EIR.
3.1.7 Section 4.2 – Air Quality
No changes have been made to this Section of the Draft EIR.
3.1.8 Section 4.3 – Cultural Resources
No changes have been made to this Section of the Draft EIR.
3.1.9 Section 4.4 – Energy
Section 4.4.9, References, included an incorrect link for one of the references listed. The updated
reference with the correct link is below:
California Energy Commission (CEC). 2021. Final Environmental Impact Report: Amendments to the
Building Energy Efficiency Standards (2022 Energy Code). Available at:
file:///C:/Users/ErinG/Downloads/
TN239176_20210804T085444_Final%20Environmental%20Impact%20Report.pdf.
https://www.energy.ca.gov/publications/2021/environmental-impact-report-amendments-
building-efficiency-standards-2022-energy.
Exhibit D.2
3.0 – Draft EIR Clarifications and Revisions
3-4
3.1.10 Section 4.5 – Geology and Soils
Section 4.5.9, References, did not include several references for documents cited in the text of
Section 4.5. Full citations of the references which have been added appear below:
California Geological Survey. 2008. Guidelines for Evaluating and Mitigating Seismic Hazards in
California. Available at:
https://www.conservation.ca.gov/cgs/Documents/Publications/Special-
Publications/SP_117a.pdf. Accessed January 25, 2022.
Southern California Earthquake Center. 1999. Recommended Procedures for Implementation of DMG
Special Publication 117 Guidelines for Analyzing and Mitigating Liquefaction in California.
Available at: http://scecinfo.usc.edu/resources/catalog/LiquefactionproceduresJun99.pdf.
Accessed January 25, 2022.
3.1.11 Section 4.6 – Greenhouse Gas Emissions
No changes have been made to this Section of the Draft EIR.
3.1.12 Section 4.7 – Hazards and Hazardous Materials
No changes have been made to this Section of the Draft EIR.
3.1.13 Section 4.8 – Hydrology and Water Quality
No changes have been made to this Section of the Draft EIR.
3.1.14 Section 4.9 – Land Use and Planning
No changes have been made to this Section of the Draft EIR.
3.1.15 Section 4.10 – Noise
No changes have been made to this Section of the Draft EIR.
3.1.16 Section 4.11 – Transportation
No changes have been made to this Section of the Draft EIR.
3.1.17 Section 4.12 – Tribal Cultural Resources
No changes have been made to this Section of the Draft EIR.
3.1.18 Chapter 5.0 – Alternatives
No changes have been made to this Section of the Draft EIR.
Exhibit D.2
3.0 – Draft EIR Clarifications and Revisions
3-5
3.1.19 Chapter 6.0 – Other CEQA Considerations
Section 6.2.2 of the DEIR has been updated to include the significant and unavoidable impact related to
Noise that was identified in Section 4.10 of the DEIR. The section has been updated as follows:
The proposed Project would include the demolition of five existing industrial buildings and the
construction of one industrial building for warehouse and logistics uses. The EIR found that potential
environmental effects resulting from implementation of the proposed Project are generally below the
level of significance or can be mitigated to below the level of significance. Section 4.10 of the EIR
identified a significant and unavoidable impact related to construction noise; however, this impact
would be temporary and would not result in a lasting change to the environment. Therefore, although
the Project would result in changes to the existing site conditions, the Project would not cause any
significant irreversible environmental changes.
An incomplete sentence in Section 6.2.3 of the DEIR has been completed as follows:
The proposed Project consists of a warehouse and logistics center. Demolition and construction
activities associated redevelopment of the proposed Project would involve some risk for environmental
accidents. These activities would be monitored, however, by local, State, and federal agencies that
would follow industry standards governing the use, storage, transport, and disposal of hazardous
materials. Section 4.7, Hazards and Hazardous Materials, of this EIR found that potential impacts related
to the creation of a significant hazard to the public or environment through the routine transportation,
use, or disposal of hazardous materials, and the creation of a significant hazard to the public or
environment through reasonably foreseeable upset and accidental conditions involving the release of
hazardous materials into the environment would result in a less than significant impact with the
incorporation of mitigation.
3.1.20 Chapter 7.0 – Effects Found Not to be Significant
No changes have been made to this Section of the Draft EIR.
3.1.21 Chapter 7.0 – Preparers
No changes have been made to this Section of the Draft E.
Exhibit D.2
3.0 – Draft EIR Clarifications and Revisions
3-6
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Exhibit D.2