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HomeMy WebLinkAboutResolution No. 5392RESOLUTION NO. 5392 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR TENTATIVE PARCEL MAP NO. 22493 AND ZONE CHANGE NO. 90-62 THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Downey does hereby find, determine, declare as follows: A. Andrews Rancho Del Norte, the Applicant, requested the City of Downey consider the applications for Tentative Parcel Map No. 22493 and Zone Change No. 90-62 (hereinafter "Project ") for the 14 -acre parcel located at 7051 - 7199 Firestone Boulevard in the City of Downey; B. An Initial Study of Environmental Impact and Draft Environmental Impact Report (DEIR) have been prepared for the Project in accordance with the provisions of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City of Downey's Revised Environmental Procedures; C. The DEIR, State Clearinghouse No. 90010941, evaluated the probable and potential environmental effects of the Project; D. In accordance with CEQA, the DEIR was distributed to the appropriate public agencies, interested parties and made available for public review for the 45 -day public commenting period: November 2, 1990 to December 17, 1990; E. Written and oral comments on the DEIR were received by the City during the 45-day public commenting period, which were fully and adequately responded to in accordance with State CEQA Guidelines, California Administrative Code Section 15088 (b); F. The comments and responses to comments concerning the DEIR have been included in the document entitled Comments And Responses, dated January 9, 1991; G. The Planning Commission conducted a public hearing to receive testimony on the proposed Project and DEIR for the Project on January 9, 1991; City Council Resolution No. 5392 Page 2 H. The Planning Commission fully reviewed and carefully considered the DEIR, the comments and responses to the comments regarding the DEIR and all other documents that comprise the Final Environmental Impact Report (FEIR) and, by Resolution No. 1422, recommended the City Council certify the FEIR for the Project as complete and adequate, and was prepared and considered in compliance with the requirements of CEQA, the State CEQA Guidelines and the City of Downey's Revised Environmental Procedures. SECTION 2. That the City Council hereby adopts and incorporates herein by this reference as is fully set forth, the following documents attached hereto as exhibits: 1) the Statement of Findings and Facts, attached hereto as Exhibit "A "; 2) the Statement of Overriding Considerations, attached hereto as Exhibit "B "; 3) the Inventory of Mitigation Measures, attached hereto as Exhibit "C "; and 4) the Mitigation Monitoring Program, attached hereto as Exhibit "D ". SECTION 3. That the City Council has fully reviewed and carefully considered the DEIR, the comments and responses to comments concerning the DEIR and all other environmental documents that comprise the FEIR, at a public hearing held on January 29, 1991, including all the information presented at said public hearing. SECTION 4. In view of the foregoing, the City Council hereby certifies that the FEIR prepared for the Project (1) is complete and adequate, and was prepared in compliance with the requirements of CEQA, the State CEQA Guidelines and the City of Downey's Revised Environmental Procedures, and (2) was presented to the City Council and the Council has reviewed and considered the information contained therein. SECTION 5. The Director of Community Development is hereby authorized and directed to file a Notice of Determination as required pursuant to CEQA. ATTEST: SECTION 6. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 29thday of January , 19 91. ltd. h) C /ty Cierk - I, Judith E. McDonnell, City Clerk of the City of Downey, do hereby certify that the foregoing is a true copy of the Resolution adopted by the City Council ^ of the City of Downey at a regular meeting held on the 29th day of January, 1991, by the following vote, to wit: AYES: 5 COUNCIL MEMBERS: Boggs, Hayden, Brazelton, Cormack, Paul NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ATTACHMENT A STATEMENT OF FINDINGS AND FACTS STATEMENT OF FINDINGS AND FACTS SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROPOSED PROJECT, FINDINGS WITH RESPECT TO SAID EFFECTS, AND STATEMENT OF FACTS IN SUPPORT THEREOF, ALL WITH RESPECT TO THE PROPOSED TENTATIVE PARCEL NO. 22493 AND ZONE CHANGE NO. 90-62. ]BACKGROUND The California Environmental Quality Act (CEQA) and the State CEQA Guidelines (Guidelines) promulgated pursuant thereto provide: "No public agency shall approve or carry out a project for which an environmental impact report has been completed and which identified one or more significant effects of the project unless the public agency makes one or more written findings for each of these significant effects, accompanied by a brief explanation of the rationale for each fmding." (Section 15091, State CEQA Guidelines) For each significant effect, one or more of the following possible findings are set forth: Fmding 1 - Mitigations have been required or incorporated into the project which avoid or substantially lessen the significant effect identified in the Final EIR; Fmding 2 - Mitigations are within the responsibility and jurisdiction of another agency and changes have been adopted or can and should be adopted by the other agency; and Findings 3 - Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. The City of Downey proposes to approve the separation of a 14 -acre parcel from a 30 -acre property located at 7051 -7199 Firestone Boulevard and an amendment to the Comprehensive Zoning Map to rezone the subject site from M -1 (Light Manufacturing) and M -2 (General Manufacturing) to C -2 (General Commercial). Since the proposed actions constitute a significant project under CEQA and the CEQA Guidelines, the City of Downey has prepared an Environmental Impact Report (EIR). The Draft EIR evaluates the proposed actions and a series of alternatives. The EIR identifies certain significant effects which may occur as a result of these actions. These effects relate to earth resources, hydrology and drainage, land use, aesthetics and light and glare, traffic and circulation, air quality, noise, and public services and utilities. Mitigation measures are 3. recommended to reduce impacts to a level of insignificance and are attached. Some impacts resulting from the proposed actions can not be mitigated to a level of insignificance and are considered unavoidable and adverse. A Statement of Overriding Considerations is attached which identifies and balances the benefits of the proposed actions against these unavoidable and adverse effects. Further, this City Council determines that the EIR is complete and has been prepared in accordance with CEQA and the CEQA Guidelines. Therefore, the following findings and facts are set forth herein pursuant to Section 15091 of the CEQA Guidelines. 2 EARTH RESOURCES Significant Effects - Grading activities and construction traffic will expose soils to short-term erosion by wind and water. Development of the project site would require removal of unsuitable soils and replacement with compacted fill material to establish new graded surfaces. Compaction of unsuitable soils may cause total and differential settlement of foundations constructed on the site. Due to its proximity to the Newport- Inglewood fault zone, the project site may be subjected to an earthquake which could produce measurable ground shaking Horizontal accelerations induced by an earthquake may affect any structure on the site. FINDING 1: Changes or alterations have been required in, or incorporated into, the proposed actions which avoid or substantially lessen significant environmental effects as identified in the Final EIR. Facts in Support of Finding: Any development on -site shall implement the following erosion control measures in order to limit wind and water erosion: (a) minimize the length of time that soils lie exposed; (b) water all cleared areas; (c) establish maximum vehicle speeds within construction areas; (d) wash construction vehicles before they leave the site; (e) place sandbags along the site perimeter during the rainy season; and (f) use soil stabilizers. Prior to issuing building permits, a plan for an on -site, sub - surface storm drain system shall be approved by the City's Engineering Division and the system shall be constructed to the satisfaction of the City Engineer before issuing a Certificate of Occupancy. The plan shall ensure that the foregoing measures are implemented. Any development on -site, prior to issuance of building permits, shall comply with standards set forth in the Uniform Building Code, adopted by reference into the Downey Municipal Code, to assure seismic safety to the satisfaction of the City Building Official. Additionally, all grading and soil compaction shall occur in accordance with Chapter 70 of the Uniform Building Code. FINDING 2: Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agencies or can and should be adopted by such other agencies. Facts in Support of Finding: Watering of cleared areas shall be conducted in accordance with Rule 403 of the South Coast Air Quality Management District. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the approval of the proposed actions or development alternatives as set forth above. 3 HYDROLOGY AND DRAINAGE S ienificant Effects - Development of the project site would alter existing drainage flow paths and storm runoff volumes, peak flows, and velocities due to increased impervious surfaces associated with potential development. The project site is located within the 100 -year floodplain. Additionally, any potential development would change the quality of stormwater runoff. Urban types of pollutants, such as oil, grease, heavy metal, and debris would increase due to increased impermeable surfaces. 0. 1 FINDING 1: Changes or alterations have been required in, or incorporated into, the proposed action which avoid or substantially lessen significant environmental effects as identified in the Final EIR. Facts in Support of Finds g: Any proposed on -site sub - surface drainage system shall be reviewed and approved by the City Engineer, prior to issuance of building permit. Additionally, to reduce impacts associated with increased storm flows, sandbags or other type of barriers shall be placed along the site perimeter during the rainy season to prevent exposed soils from entering existing storm drains. All runoff shall also be directed through the use of berms, channels, and drains to prevent uncontrolled runoff. To reduce changes associated with quality of runoff, any on -site development shall arrange for weekly cleaning of parking lot areas to remove sediments and absorbed pollutants, prior to certificate of occupancy issuance. FINDING 2: Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agencies or can and should be adopted by such other agencies. Facts in Support of Fording: Any connection to the existing reinforced concrete box storm drain which is located in Firestone Boulevard shall require review and approval by the Los Angeles County Public Works Department. Additionally, any floodproofmg of structures or site elevation shall be conducted in accordance with standards of the Federal Emergency Management Agency. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the approval of the proposed actions or development alternatives as set forth above. 4 LAND USE ,Significant Effec - Implementation of the proposed actions may replace a vacant site with potential commercial and retail uses. Development of the site would require removal of one 1,500 -gallon and two 5,000 - gallon underground storage tanks which are present on -site. Potential safety hazards associated with removal include hazardous waste contamination on -site, hazardous waste spill during transport of the removed tank, and toxic air emissions. Approval of Zone Change No. 90 -62 would rezone the project site from M -1 (Light Manufacturing) and M -2 (General Manufacturing) to C -2 (General Commercial). The proposed zone change would permit commercial and retail land uses instead of manufacturing uses as specified in Section 9124 of the Downey Municipal Code. FINDING 1: Changes or alterations have been required in, or incorporated into, the proposed actions which avoid or substantially lessen significant environmental effects as identified in the Final EIR. Facts in Support of Finding: Any proposed on -site development shall require review and approval of a development plan, prior to building permit issuance. This would ensure that any development would occur in accordance with the Downey Municipal Code. Implementation of Zone Change No. 90-62 shall permit commercial and retail land uses instead of manufacturing uses. Regarding the underground storage tanks, a hazard and toxic materials plan determining the method of storing and disposing of materials shall be submitted to the City Fire Department for review and approval, prior to issuance of certificate of occupancy. FINDING 2: Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agencies or can and should be adopted by such other agencies. Facts in Support of Finding: If traces of Polychlorinated Biphenyls (PCB) are discovered on- site, the Southern California Edison Company shall be contacted. Any removal and transport of tanks require preparation of a Closure Report. The report and actual removal shall be prepared and conducted in accordance with regulations and requirements of the City Fire Department, Los Angeles County Department of Public Works, and other applicable Federal, State, and local laws. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the approval of the proposed actions or development alternatives as set forth above. 5 AESTHETICS AND LIGHT AND GLARE Significant Effects - Construction of any future on -site development may create temporary aesthetic nuisances associated with construction and grading. Exposed graded surfaces, construction debris, construction equipment, truck traffic, and stockpiled equipment could adversely impact views of and adjacent to the site. Any development of the site would permanently alter the nature and appearance of the site. Present views of the vacant site would be replaced by commercial and retail uses as permitted by the proposed zone change or other considered land use alternatives. Any development of the site would introduce new light and glare which are not presently emitted from the vacant site. Light and glare are anticipated from interior lighting from future buildings, parking lots, exterior signs, and automobile headlights. FINDING 1: Changes or alterations have been required in, or incorporated into, the proposed actions which avoid or substantially lessen significant environmental effects as identified in the Final EIR. Facts in Support of Fording: Development of the site would require preparation of a detailed landscaping plan for all proposed streetscapes and landscaping found along perimeter areas. The plan shall be reviewed and approved by the City Design Review Board, prior to issuance of any building permit. The plan shall indicate proposed screening and landscaping which would soften visual impacts and screen the site from surrounding areas. Additionally, to reduce light and glare impacts resulting from site development, a lighting plan shall be reviewed and approved by the City Planner and Traffic Engineer, prior to issuance of building permit. The plan shall ensure conformance of any development with Section 9152.18 of the Downey Municipal Code. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the approval of the proposed actions or development alternatives as set forth above. TRAFFIC AND CIRCULATION Significant Effect; - It is estimated that 305,000 square feet of commercial uses as permitted by the proposed zone change would generate about 340 total trips during the A.M. peak hour and approximately 1,170 total trips during the P.M. peak hour. The project's estimated total daily trip generation is about 14,600 trips. Assuming a development scenario of 305,000 square feet, the proposed zone change would impact two intersections; Firestone Boulevard at Old River School Road and Ryerson Avenue. The Firestone Boulevard and Old River School Road intersection is projected to remain at LOS 6 D during the A.M. peak hours and remain at LOS F during the P.M. peak hours. The Firestone Boulevard and Ryerson Avenue intersection is projected to deteriorate from LOS A to LOS B during the A.M. peak hours and LOS C to LOS D during the P.M. peak hours. Development of 305,000 square feet of potential commercial retail uses would require 1,355 parking stalls in accordance with the City of Downey Municipal Code Section 9150. FINDING 1: Changes or alterations have been required in, or incorporated into, the proposed actions which avoid or substantially lessen significant environmental effects as identified in the Final EIR. Facts in Support of Finding: Development of the site would require that parking be restricted along westbound Firestone Boulevard, from east of Arnett Street to the City's western boundary, during the afternoon peak hours, so as to provide three lanes of through travel movements. This would adequately mitigate impacts at the intersection of Firestone Boulevard and Ryerson Avenue resulting from additional average daily trips and reduced levels of service. Additionally, depending upon the development scenario ultimately constructed on -site, sufficient parking stalls would be provided in accordance with the provisions of Section 9150 of the Downey Municipal Code. FINDING 3: Specific economic, social or other considerations make infeasible the mitigation measures or project alterations identified in the Final EIR. Facts in Support of Fl ding: Significantly adverse and unavoidable impacts resulting from site development and cumulative traffic would be created at the intersection of Firestone Boulevard and Old River School Road. With site development, levels of service at the intersection would deteriorate during the morning and evening peak travel hours. This unavoidable adverse impact, however, is considered acceptable when balanced against facts set forth in the Statement of Overriding Considerations (CEQA Guidelines Section 15093). AIR QUALITY Significant Effects - Short -term air quality impacts would occur with any development of the project site, including the generation of particulate (fugitive dust) emissions from grading activities, air pollution emissions at the power plant serving the site, exhaust emissions from construction equipment and vehicles, and exhaust emissions from motor vehicles of any construction crew. Vehicular travel associated with development of a potential 305,000 - square foot commercial retail project would increase carbon monoxide, reactive organic gases, nitrogen oxides, and daily particulate levels. 7 Any development of the project site would incrementally increase air pollutant emissions and would therefore, impact regional air quality. FINDING 1: Changes or alterations have been required in, or incorporated into, the proposed actions which avoid or substantially lessen significant environmental effects as identified in the Final EIR. Facts in Sunnort of Finding: Short-term construction related impacts resulting from site development shall be mitigated by covering transported earth, spraying wheels of construction vehicles with water, using diesel fuel with a maximum of 0.05 percent sulfur and a four degree retard, suspending construction during high winds and poor air quality days, and properly maintaining construction equipment. Development of the site shall require implementation of measures to reduce reliance upon and the use of automobiles. The applicant shall comply with all the applicable requirements of the South Coast Air Quality Management District. Design of any on -site structures shall also reduce reliance upon air conditioning and shall utilize alternative energy sources, thereby, reducing demands on existing energy sources. FINDING 2: Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agencies or can and should be adopted by such other agencies. Facts in Support of Finding: On -site development shall comply with Rule 403 of the South Coast Air Quality Management District which provides measures to reduce construction related air emissions and impacts. Additionally, site development shall provide energy - efficient street and parking lot lighting in accordance with Control Measure No. 11 of the Air Quality Management Plan. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the approval of the proposed actions or development alternatives as set forth above. FINDING 3: Specific economic, social or other considerations make infeasible the mitigation measures or project alterations identified in the Final EIR. Facts in Support of Finding: Each of the alternatives considered would result in an incremental degradation of regional air quality. The extent of degradation would depend on the type and intensity of development actually constructed on -site. Any on -site development, however, would incrementally contribute to regional air quality degradation; this contribution is considered an unavoidable adverse cumulative impact. 8 This unavoidable adverse impact, however, is considered acceptable when balanced against facts set forth in the Statement of Overriding Considerations (CEQA Guidelines Section 15093). NOISE Significant Effects - Construction of any development could temporarily exceed City noise standards. Any development would substantially increase ambient noise levels. Any development would incrementally increase noise levels due to additional vehicle travel on surrounding roadways. FINDING 1: Changes or alterations have been required in, or incorporated into, the proposed actions which avoid or substantially lessen significant environmental effects as identified in the Final EIR. Facts in Sunuort of Finding: Short-term construction related impacts resulting from site development shall be mitigated through compliance with applicable City Noise Ordinance restrictions and provisions, including the limitation of construction activities to the hours between 7 :00 a.m. and 6:00 p.m., Monday through Friday. Development of the site shall require review and approval of architectural drawings and an acoustical analysis to show that all on -site areas meet applicable exterior and interior noise standards of the City of Downey. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the approval of the proposed actions or development alternatives as set forth above. PUBLIC SERVICES AND UTILITIES Significant Effects - Any development of the site would increase demands for public services and utilities, including fire protection, police protection, electricity, gas, telephone, water, sewer, and solid waste services. FINDING 1: Changes or alterations have been required in, or incorporated into, the proposed actions which avoid or substantially lessen significant environmental effects as identified in the Final EIR. 9 Facts in Support of Finding: Site development shall require that adequate emergency access and circulation throughout the site, adequate lighting, and proper address signs be provided to the satisfaction of the City Police Department. Any development occurring on -site shall be provided with sufficient fire protection and fire flow, circulation roadways, early warning fire detection systems, and an on -site water delivery system shall be constructed which shall meet the minimum fire flow standards as required by the City's Fire Department. Site development shall require implementation of a recycling program and installation of trash compactors. FINDING 2: Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agencies or can and should be adopted by such other agencies. Facts in Support of Finding: On -site development shall change existing gas facilities as determined necessary by the Southern California Gas Company. Site development also shall comply with the terms and conditions of General Telephone tariff rule schedules, which includes Rule No. 34 of the State of California Public Utilities Commission. As required by State law, site development shall implement those appropriate and feasible water conservation measures identified in the Health and Safety Code Section 1791.2; Title 20, California Administrative Code Sections 1604 (f) and 1606 (b) pertaining to appliance efficiency standards; Title 24, California Administrative Code Section 2 -5307 (b); and other City of Downey standards. Site development shall require acquisition of permits and payment of connection fees to the appropriate Sanitation District(s) within the County of Los Angeles for connection into their sewage disposal system. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the approval of the proposed actions or development alternatives as set forth above. 10 ATTACHMENT B STATEMENT OF OVERRIDING CONSIDERATIONS BACKGROUND STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act (CEQA) and the State CEQA Guidelines promulgated pursuant thereto provide: (a) CEQA requires the decision maker to balance the benefits of a proposed project against its unavoidable risks in determining whether to approve the project. Where agencies have taken action resulting in environmental damage without explaining the reasons which supported the decision, courts have invalidated the action. (b) Where the decision of the public agency allows the occurrence of significant effects which are identified in the final EIR but are not mitigated, the agency must state in writing the reasons to support its action based on the Final EIR and/or other information in the record. This statement may be necessary if the agency also makes the fording under Section 15088 (a) (2) or (a) (3). (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the Notice of Determination. (Section 15089 of State CEQA Guidelines) The proposed actions consist of separating a 14 -acre parcel from a 30 -acre property located at 7051 -7199 Firestone Boulevard and an amendment to the Comprehensive Zoning Map to rezone the subject site from M -1 (Light Manufacturing) and M -2 (General Manufacturing) to C -2 (General Commercial). The proposed actions may have significant or certain substantial adverse impacts on the environment, which will not be fully mitigated. The City of Downey has balanced the benefits of the proposed actions against the unavoidable environmental impacts identified in the Final Environmental Impact Report. The benefits and environmental impacts associated with a range of alternatives as identified in the Final Environmental Impact Report have also been considered by the City. The following benefits of the proposed actions are found to outweigh and make acceptable the unavoidable adverse impacts identified in the Final Environmental Impact Report: 1. The proposed actions would make consistent the subject site with the City of Downey General Plan, which designate the site "General Commercial ". 1 2. Design of the subject site in accordance with the proposed actions would ultimately lead to a harmonious and attractive commercial and retail environment consistent with City goals and objectives for Firestone Boulevard. 3. Ultimate development of the site in accordance with the proposed actions would provide a potential variety of commercial and retail uses along Firestone Boulevard and in the City. 4. Development of the site in accordance with the proposed actions would likely result in significant revenue and tax gains to the City. This benefit would likely exceed projections associated with the present vacant use of the site and with the other land use alternatives considered. 5. Ultimate development of the site in accordance with the proposed actions would provide major construction and long -term employment opportunities for the City of Downey. 2 ATTACHMENT C INVENTORY OF MITIGATION MEASURES A. EARTH RESOURCES Soils Seismicity INVENTORY OF MITIGATION MEASURES 1. Prior to issuance of a Grading Permit, the Applicant shall submit grading and drainage plans subject to the approval of the City Engineering Division and Building Official. All grading shall be carried out under the guidelines set forth in Chapter 70 of the Uniform Building Code, 1988 Edition. 2. The following erosion control measures are recommended in order to limit wind and water erosion: a. Minimizing the length of time that soils lie exposed. b. Regular watering of clearing areas, in compliance with City requirements and SCAQMD Rule 403. c. Establishment of maximum vehicle speeds within construction areas. d. Washing of construction vehicles before leaving the site to prevent loose soil from being deposited on external roadways. e. Placing sandbags along the perimeter of the site prior to grading if grading is to be undertaken during the rainy season (October - April). f. Use of soil stabilizers where feasible. 3. Due to the potential for high intensity ground shaking, prior to building permit issuance, the Applicant shall comply with the standards set forth in the Uniform Building Code (UBC, 1988 Edition), adopted by reference into the Downey Municipal Code, to assure seismic safety to the satisfaction of the City Building Official. B. HYDROLOGY AND DRAINAGE 4. Prior to issuing building permits, a plan for an on -site sub - surface storm drain system shall be approved by the City's Engineering Division and the system shall be constructed to the satisfaction of the City Engineer before issuing a Certificate of Occupancy. 1 5. Design of any drainage system connecting directly to the 10'x 7' reinforced concrete box storm drain, located within Firestone Boulevard, shall require approval from the Los Angeles County Public Works Department. 6. Sandbags shall be placed along the perimeter of the site prior to initial grading if grading is undertaken during the rainy season (October through April). 7. Sandbags or other types of barriers shall be placed around the perimeter of on -site drainage features during grading in order to prevent exposed soils from entering existing storm drains during periods of heavy rainfall. 8. All run -off must be properly directed through use of berms, channels and subdrains, in order to prevent uncontrolled runoff during construction phases. 9. Prior to Certificate of Occupancy issuance, the Applicant shall arrange for weekly cleaning of parking lot areas to remove sediments and absorbed pollutants to the satisfaction of the City of Downey. 10. The applicant shall either floodproof any developed structures or raise the elevation of the site in accordance with FEMA standards. C. LAND USFJCOMPATIBILITY 11. Prior to Building Permit issuance, the Applicant shall submit a development plan to the satisfaction of the City of Downey. 12. Prior to Grading Permit issuance, existing underground storage tanks shall be removed and the removal shall adhere to regulations set forth by the City of Downey Fire Department, Los Angeles County Department of Public Works and additional Federal and State regulations as required. 13. Due to prior storage of hazardous materials on -site, site integrity shall be demonstrated by the analysis of soil samples and, if applicable, groundwater samples per Los Angeles County underground storage tank closure requirements prior to Grading Permit issuance, to the satisfaction of Los Angeles County Department of Public Works and Downey Fire Department. An official Closure Report for the underground storage tanks used on -site shall be approved by Los Angeles County Department of Public Works and Downey Fire Department prior to Grading Permit issuance. Proper procedures, as required by Federal, State and Local laws shall be followed with regards to handling, transport and disposal of hazardous materials existing on -site. 14. A hazard and toxic materials plan determining the method of storing and disposing of these materials shall be submitted to the Fire Department for review and approval prior to issuance of certificate of occupancy. 2 15. The applicant shall contact the Southern California Edison Company regarding the contents of the on -site transformer. If traces of Polychlorinated Biphenyls (PCB) are discovered, the material shall be removed in accordance with Fire Department requirements prior to construction. D. AESTHETICS /LIGHT AND GLARE 16. Prior to Grading or Building Permit issuances, a detailed landscaping plan for all streetscapes and perimeter areas and remaining landscaping areas on the site shall be submitted by the Developer and approved by the City's Design Review Board. Various landscaping techniques such as screen landscaping and the provision of a mixture of size, type and variety of plant species shall be incorporated throughout the project to soften visual impacts and enhance the aesthetic character of the project. 17. Prior to issuance of Building Permits, a lighting plan for the development shall be approved by the City and Traffic Engineer to assure conformance with the Downey Municipal Code provisions for lighting. 18. Lighting for the project shall adhere to the following provisions of Section 9152.18 of the Downey Municipal Code: a. Outdoor lighting shall be provided and maintained for all walkways, off - street parking areas and driveways, storage or solid waste areas, or other areas commonly accessible or used by tenants so as to provide adequate illumination for use and safety. b. Outdoor lighting shall be arranged so as to not direct light on any street or abutting property. Exposed bulbs shall not be permitted. c. The type and location of lighting standards and the intensity of lighting shall be approved by the Traffic Engineer and the City Planner. E. TRAFFIC AND CIRCULATION 19. Parking shall be restricted along westbound Firestone Boulevard during the afternoon peak hours, from east of Arnett Street to the City boundary, in order to provide three lanes of through travel. This exact condition currently existing during the morning peak hours. This measure would adequately mitigate the project's impact at the intersection of Firestone Boulevard and Ryerson Avenue. 3 F. AIR QUALITY 20. The applicant shall comply with all the applicable requirements of the South Coast Air Quality Management District (SCAQMD), which includes Rule 403 and Regulation XV. SCAQMD Rule 403 would reduce fugitive dust amounts by up to 50 percent. Dust reducing measures will include regular watering of graded surfaces, restriction of all construction vehicles and equipment to travel along established and regularly watered roadways, and suspending operations that create dust during windy conditions. 21. Any earth being transported shall be covered and the wheels and lower portions of transport trucks shall be sprayed with water before they leave the construction area. 22. Any construction equipment using diesel drive internal combustion engines shall use a diesel fuel with a maximum of 0.05 % sulfur and a four degree retard. 23. Construction activities shall be suspended under conditions of high wind velocity and during stage 1, 2 and 3 Ozone Episodes (refer to Appendix E of the EIR for ozone episode criteria). 24. Diesel - powered construction equipment rather than gasoline - powered equipment shall be used, if feasible, to reduce exhaust emissions and evaporative and crankcase hydrocarbon (HC) emissions. 25. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 26. Bicycle incentives shall be incorporated in the project design by providing bicycle storage facilities within the commercial use and at connection points to other travel _ modes. 27. The City shall construct a bus shelter as part of the City's bus shelter program. 28. Design of commercial uses shall maximize the shading effect of landscaping for streets, parking areas and building walls to reduce air conditioning demand for electrical energy. Design of commercial uses shall also consider the use of solar energy, skylights and building orientation to further reduce energy demand. 29. The use of energy efficient street lighting and parking lot lighting (low pressure sodium vapor lights) shall be implemented on -site, where feasible, to reduce emissions at the power plant serving the site. (AQMP control measure N11) 4 G. NOISE 30. Construction activities associated with future commercial uses shall comply with applicable City Ordinance restrictions. Construction activities shall be limited to the hours between 7:00 a.m. and 6:00 p.m., Monday through Friday. Special permits are required by the City for construction on weekends. 31. The project Applicant/Developer shall submit architectural drawings and an acoustical analysis to the satisfaction of the City showing that all on -site areas shall meet applicable exterior and interior noise standards for on -site commercial uses. H. PUBLIC SERVICES AND UTILITIES 32. Prior to Building Permit issuance, adequate emergency access and circulation throughout and around the project shall be provided to the satisfaction of the City of Downey Police Department. 33. Prior to Building Permit issuance, adequate lighting to enhance crime prevention and law enforcement efforts shall be provided to the satisfaction of the City of Downey Police Department. 34. Prior to Certificate of Occupancy issuance, proper address signs for easy identification of locations during emergencies shall be provided. FIRE SERVICE 35. An on -site water delivery system shall be constructed which shall meet the minimum fire flow standards as required by the City's Fire Department. 36. On -site circulation shall be designed having minimum aisle widths of twenty-five (25') feet, subject to the standards of Planning and Engineering Divisions and the Fire Department. 37. Future commercial uses shall comply with Section 3318 of the Downey Municipal Code which specifies provisions of early warning fire detection systems. 38. An on -site water delivery system shall be constructed which shall meet the minimum fire flow standards as required by the City's Fire Department. TELEPHONE 39. Developer must comply with the terms and conditions of GTE tariff rule schedules, which includes Rule No. 34 of the State of California Public Utilities Commission. 5 WATER Interior 40. As required by State law, the following water consumption measures shall be implemented where applicable and feasible: Low -flush toilets and urinals are required in virtually all buildings (as required in Health and Safety Code Section 1791.2). Efficiency standards must be met that give the maximum flow rate of all new showerheads, lavatory faucets and sink faucets, as specified in the standard approved by the American National Standards Institute on November 16, 1979 (pursuant to Title 20, California Administrative Code Section 1604(0 (Appliance Efficiency Standards)). No new appliance may be sold or offered for sale in California that is not certified by its manufacturer to be in compliance with the provisions of the regulations establishing applicable efficiency standards (Title 20, California Administrative Code Section 1606(b) (Appliance Efficiency Standards)). Installation of fixtures is prohibited unless the manufacturer has certified to the CEC compliance with the flow rate standards (Title 24 of the California Administrative Code Section 2- 5307(5)). Install efficient irrigation systems that minimize runoff and evaporation and maximize the water that will reach the plant roots. Drip irrigation, soils moisture sensors and automatic irrigation systems are a few methods of increasing irrigation efficiency. Public lavatory facilities must be equipped with self closing values. 41. The following water conservation measures shall be implemented where applicable and feasible: Supply Line Pressure: Water pressure greater than 50 pounds per square inch (psi) be reduced to 50 psi or less by means of a pressure reducing valve. Drinking Fountains: Be equipped with self- closing valves. 6 Exterior SEWER SOLID WASTE Laundry Facilities: Water - conserving models of washers be used. Ultra- Low -Flush Toilets: 1 -1/2 gallons per flush toilets installed in all new construction. Landscape with low water - consuming plants wherever feasible. Group plants of similar water use to reduce over irrigation of low - water -using plants. Provide information to occupants regarding benefits of low- water- using landscaping and sources of additional assistance. Use mulch extensively in all landscape areas. Mulch applied on top of soil will improve the water - holding capacity of the soil by reducing evaporation and soil compaction. Preserve and protect existing trees and shrubs. Established plants are often adapted to low- water -using conditions and their use saves water needed to establish replacement vegetation. Investigate the feasibility of utilizing reclaimed waste water, stored rain water or gray water for irrigation. 43. Applicant shall obtain required permits and pay connection fees to the Sanitation Districts within the County of Los Angeles for connection into their system. 44. The project Applicant shall institute a recycling program and trash compactors shall be installed in each business within future commercial uses to minimize the volumes of the generated waste. ATTACHMENT D MITIGATION MONITORING PROGRAM r 3p u r u a IT O N) i a 0: .0 N ono v N v p n v, P V * ▪ A C. n C' r d P � N rJpp g; O 'OJ � C 6 f1 � i iC �. f N; n - P 512: O i b Es ; ' 5. C L w _ CAC NO �pN N A0 �AO mK = 2 Ar Y O N r C. nN>•r c T • 2.......4 p K M ; ;� ^OC_ D p2.0 T -.. > > N.O 7 �t'f0 *. 77 2Z° 9 8 % a X10 m�O ID 10 O D 1N .p Y N w6 V C r w O ••N -.O : O % A S S O� L- -Ti r N � - .n 0. 4, G r - i 7 A n.0 _G. z 77)gw " '7; N io= app -.n -. r N m rL� -rye :5' 6N p. • 6 t YCN TA .2 A Op N L�.'• 2? °� _ coO r �son s. ` 4+ 1 T. s o ' 5 . P . 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