HomeMy WebLinkAboutResolution No. 5443RESOLUTION NO. 5443
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY CERTIFYING THE
ENVIRONMENTAL IMPACT REPORT FOR DOWNEY
REDEVELOPMENT PROJECT AMENDMENT AREA 5A
THE CITY COUNCIL OF THE CITY OF DOWNEY HEREBY
RESOLVES AS FOLLOWS:
SECTION 1. The City Council of the City of Downey
hereby finds, determines and declares that:
A. The Downey Community Development Commission
proposes to approve Amendment No. 5A to the Downey
Redevelopment Project Area which encompasses 14.3
acres generally located south of Firestone
Boulevard, east of Brookshire Avenue, north of
Manatee Street and east and west of Patton Road.
6/4/91
B. An Environmental Impact Report ( "EIR ") has
been prepared to address the environmental effects,
mitigation measures, and project alternatives
associated with the proposed project.
C. The EIR was prepared to the requirements of
the California Environmental Quality Act (CEQA),
and the State and City CEQA Guidelines
( "Guidelines ") and was circulated for public review
in accordance with CEQA and State and City CEQA
Guidelines.
D. Written and oral comments on the EIR were
received from the public and responsible agencies
during and after the review period.
E. The Planning Commission conducted a duly
noticed public hearing on the project and the EIR
on April 17, 1991 and the City Council and the
Community Development Commission conducted a duly
noticed public hearing on June 11, 1991 at which
times all public testimony with respect to the
project and EIR was received.
F. Such documents and testimony were responded to
through a Response to Comments document and various
staff reports submitted to the Council and
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Community Development Commission as required by
CEQA.
G. The Community Development Commission and City
Council have reviewed all environmental
documentation comprising the EIR and has found that
the EIR considered all environmental effects of the
proposed project and is complete and adequate and
fully complies with all requirements of CEQA and
the Guidelines.
H. Section 21081 of CEQA and Section 15091 of the
CEQA Guidelines require that the Community
Development Commission and City Council make one or
more of the following findings prior to approval of
a project for which an EIR has been completed,
identifying one or more significant effects of the
project, along with a statement of facts supporting
each finding:
FINDING 1 - Changes or alterations have been
required in, or incorporated into the project which
mitigate or avoid the significant environmental
effects thereof as identified in the EIR.
FINDING 2 - Such changes or alterations are within
the responsibility and jurisdiction of another
public agency and not the agency making the
finding. Such findings have been adopted by other
such agency or can and should be adopted by such
other agency.
FINDING 3 - Specific economic, social, or other
considerations make infeasible the mitigation
measures or other project alternatives identified
in the EIR.
I. Section 15093(a) of the Guidelines requires
the Community Development Commission and City
Council to balance the benefits of a proposed
project against its unavoidable environmental risks
in determining whether to approve the project.
J. Section 15093(b) requires, where the decision
of the Community Development Commission and City
Council allows the occurrence of significant
effects which are identified in the EIR but are not
mitigated, the Community Development Commission and
City Council must state in writing the reasons to
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support its action, based on the EIR or other
information in the record.
K. The Community Development Commission and City
Council have reviewed and considered all of the
environmental documentation prepared to evaluate
the proposed project, including all elements of the
EIR.
L. The Community Development Commission and City
Council contemplate and direct continuing
compliance with CEQA and the Guidelines as
necessary in the implementation of the phases and
elements of the project.
M. The Community Development Commission and City
Council by this Resolution adopt the Statement of
Facts and Statement of Overriding Considerations as
required by Section 15092 and 15093 of the
Guidelines.
SECTION a. The City Council makes the findings
contained in the Statement of Facts with respect to
significant effects identified in the Final EIR and finds
that each fact in support of the findings is true and is
based upon substantial evidence in the record including the
Final EIR. The Statement of Facts is attached hereto as
Attachment A and incorporated herein by this reference.
SECTION 2. The City Council finds that the facts
set forth in the Statement of Overriding Considerations are
true and are supported by substantial evidence in the
record, including the Final EIR. The Statement of
Overriding Consideration is attached hereto as Attachment B
and incorporated herein by this reference.
SECTION 4. The City Council finds that the Final
EIR has identified all significant environmental effects of
the project and that there are no known potential
environmental effects not addressed in the Final EIR.
SECTION 6. The City Council finds that all
significant effects of the project are set forth in the
Statement of Facts and the Final EIR.
SECTION 6. The City Council finds that although
the Final EIR identifies certain significant environmental
effects that will result if the project is approved, all
significant effects that can be feasibly mitigated or
avoided have been reduced to an acceptable level by the
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imposition of mitigation measures on the approved project.
All mitigation measures shall be incorporated into
conditions of approval.
SECTION Z. The City Council finds that potential
mitigation measures or project alternatives not incorporated
in the project (including the "No Project" alternative) were
rejected as infeasible, based upon specific economic,
social, or other considerations as set forth in the
Statement of Facts and the Final EIR. A summary of
mitigation measures is attached hereto as Attachment C and
incorporated herein by this reference.
SECTION 8. The City Council finds that the
unavoidable significant impacts of the project, as
identified in the Statement of Facts, that have not been
reduced to a level of insignificance have been substantially
reduced in their impacts by the imposition of mitigation
measures which shall be incorporated into conditions of
approval. The City Council finds that the remaining
unavoidable significant impacts are clearly outweighed by
the economic, social, or other benefits of the project, as
set forth in the Statement of Overriding Consideration.
SECTION 9. The City Council finds that the Final
EIR has described all reasonable alternatives the project
that could feasibly obtain the basic objectives of the
project (including the "No Project" alternative), even when
these alternatives might impede the attainment of project
objectives and might be more costly. Further, the City
Council finds that a good faith effort was made to
incorporate alternatives in the preparation of the Draft EIR
and all reasonable alternatives were considered in the
review process of the Final EIR and ultimate decisions on
the project.
SECTION 12. In accordance with the requirements of
Public Resources Code Section 21081.6, a Mitigation
Monitoring Plan has been developed for the project in
accordance with said section which is attached hereto as
Attachment C and incorporated herein by this reference as
though set forth in full. Said Mitigation Monitoring Plan
is hereby approved and adopted and imposed upon the Project
as condition.
S 11. Based upon the foregoing findings and
determinations the City Council hereby certifies that the
Final EIR is complete and adequate in that it addresses all
environmental effects of the proposed project and fully
complies with all requirements of the California
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Environmental Quality Act and the State and City CEQA
Guidelines and was presented to the Council which reviewed
and considered the information contained therein prior to
consideration and approval of the Project.
SECTION The City Manager is hereby authorized
and directed to execute and file a Notice of Determination
as required pursuant to CEQA.
SECTION 11. The City Clerk shall certify the
adoption of this Resolution.
ATTEST:
PASSED, APPROVED AND ADOPTED this 11th day of
June , 19 91
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E. McDONNELL
CITY CLERK
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OY L. PAUL
MAYOR
I HEREBY CERTIFY that the foregoing is a true copy
of a Resolution adopted by the City Council of the City of
Downey at a regular meeting thereof, held on the 11th day of
June , 19 9 1 , by the following vote, to wit:
AYES: 5 COUNCILMEMBERS: Boggs, Hayden, Brazelton, Cormack, Paul
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 0 COUNCILMEMBERS: None
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6/4/91
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CEQA STATEMENT OF FINDINGS AND FACTS
DOWNEY COMMUNITY DEVELOPMENT CQMMISSION
AMENDMENT NO. 5A TO THE DOWNEY REDEVELOPMENT PROJECT AREA
SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE
PROPOSED PROJECT IS IMPLEMENTED, FINDINGS WITH RESPECT TO SAID
EFFECTS, AND STATEMENT OF FACTS IN SUPPORT THEREOF, ALL WITH
RESPECT TO THE CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT FOR
THE ADOPTION OF AMENDMENT NO. 5A TO THE DOWNEY REDEVELOPMENT
PROJECT AREA, DOWNEY, CALIFORNIA.
BACKGROUND
ATTACHMENT A
The California Environmental Quality Act (CEQA) and the State CEQA
Guidelines (Guidelines) promulgated thereto provide:
"No public agency shall approve or carry out a project for which
an EIR has been completed which identifies one or more significant
environmental effects of the project unless the public agency makes
one or more written findings for each of those significant effects
accompanied by a brief explanation of the rationale for each
finding.
The possible findings are:
1. Changes or alterations have been required in, or
incorporated into, the project which avoid or
substantially lessen the significant effect as identified
by the EIR.
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 agency or can and should be adopted
by such other agency.
3. Specific economic, social, or other considerations make
infeasible the mitigation measures or project
alternatives identified in the Final EIR (Section 15091
of the Guidelines."
The Downey Community Development Commission is considering approval
of Amendment No. 5 to the existing Downey Redevelopment Project
Area. Because the proposed action constitutes a project under the
CEQA Guidelines, the Downey Community Development Commission has
prepared an Environmental Impact Report (EIR). The EIR has
identified certain significant effects which may occur as a result
of the project, or on a cumulative basis in conjunction with other
past, present, or reasonably foreseeable future projects. Further,
the Community Development Commission desires to approve this
project and, after determining that the EIR is complete and has
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been prepared in accordance with CEQA and the Guidelines, the
findings set forth herein are made:
FINDINGS OF FACT 1N .TTPPORP OF FxND N(S FOR
SIGNIFICANT ENVIRONNFNTAI, EFFECTS OF THE PROJECT
EFFECTS DETERMINED TO BE INSIGNIFICANT
INITIAL STUDY
The City of Downey Community Development Department prepared an
Initial Study to identify effects of the proposed project which are
not potentially significant. Those topics which were determined
not to be significant are stated below:
Earth
A. There is no indication of unstable earth conditions in the
project vicinity. The project will not result in changes to
geologic substructures.
B. No significant disruptions, displacements, compaction or
overcovering of the soil will occur with project
implementation.
C. The site is relatively flat and implementation of the project
will not result in any significant change in topography.
D. The project will not result in the destruction or modification
of any unique geologic or physical feature.
F. The project will not result in any changes in deposition or
erosion of beach sand or the modification of any river or
stream channel.
Air
B. Implementation of the project will not result in the creation
of objectional odors.
C. The project will not cause any alteration of air movement,
either locally or regionally.
Water
A. No changes in currents or the course or direction of water
movements will be caused by the project.
B. No significant changes in absorption rates, drainage patterns,
or the rate and amount of surface runoff will occur.
D. The project will not cause a change in the amount of water in
any surface water body.
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E. Implementation of the project will not cause the discharge of
any pollutants which will affect the surface water quality of
any water body.
F. The project will have no effect on the rate or direction of
flow of any ground water sources.
G. The project will not result in the addition or removal of
water from any ground water source. Therefore, it will not
cause any impact to the quantity or quality of any ground
water.
H. Implementation of the project will not result in the
substantial reduction in the amount of water available for
public water supplies.
Plant Life
A. The project will not result in the change in diversity of
species, or the number of any species of plants (including
trees, shrubs, grass, crops, and aquatic plants).
B. The project will not result in the reduction in the numbers
of any unique, rare, or endangered species of plants.
C. The project will not result in the introduction of new species
of plants into an area, or in a barrier to the normal
replenishment of existing species.
D. The project will not result in the reduction in acreage of any
agricultural crop.
Animal Leg
A. The project will not result in the change in the diversity of
species, or numbers of any species of animals (birds, land
animals, including reptiles, fish, and shellfish, benthic
organisms, or insects).
B. The project will not result in the reduction in the numbers
of any unique, rare, or endangered species of animals.
C. The project will not result in the introduction of new species
of animals into an area, or result in a barrier to the
migration or movement of animals.
D. The project will not result in the deterioration to existing
fish or wildlife habitat.
Natural Resources
A. The project will not result in the increase in the rate of use
of any natural resources.
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Risk of Upset
B. The project will not result in the possible interference with
an emergency response plan or an emergency evacuation plan.
Population
A. The proposal will not alter the locations, distribution,
density, or growth rate of the human population of the area.
Transportation /Circulation
D. Project implementation will not significantly alter the
present patterns of circulation or movement of people and /or
goods.
Public Services
C. Schools will not be impacted by the implementation of the
proposed redevelopment project.
D. Parks and recreational facilities will not be impacted by the
implementation of the proposed redevelopment project.
F. No other governmental services or facilities will be adversely
impacted by the implementation of the proposed redevelopment
project.
Enerav
A. The project will not result in any significant increase in the
amount of fuel or energy used in the project environs.
Human Health
A. Implementation of the project will not result in the creation
of any public health hazard in the vicinity.
B. Project implementation will not result in the exposure of
people to potential health hazards.
Aesthetics
A. The project will replace existing urban uses with an urban
institutional use. No significant impact to the aesthetics
of the area will result.
Cultural Resources
A. There is no documentation available which would suggest that
project implementation will result in the alteration of or the
destruction of a prehistoric or historic archaeological site.
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B. Previous development of the site has resulted in the
destruction of any previously existing resource. No project -
related physical or aesthetic impacts are anticipated with
project implementation.
C. Project implementation will not result in the physical change
to any unique ethnic cultural value(s).
D. No known religious or sacred uses exist within the subject
property and project environs. No project - related impacts are
anticipated.
EFFECTS DETERMINED TO BE MITIGABLE TO A LEVEL OF INSIGNIFICANCE
SOILS AND GEOLOGY
Significant Effect
Structures will be subject to potential groundshaking from seismic
activity on existing regional faults /fault systems. These impacts
will be similar to those which occur throughout the seismically
active southern California region. No severe geologic or soil -
related hazards or constraints exist which are considered to be
potentially significant.
Findinas
Changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant
environmental effect as identified in the Final EIR.
Facts in Support of Findinas
The significant effect has been substantially lessened to the
extent feasible by virtue of the following mitigation measures
identified in the Final EIR and incorporated into the project.
1. Conformance to the intent of the City of Downey General Plan
including but not limited to the Environmental Resource
Management Element and the Seismic Safety Element.
2. Conformance of building design within the Redevelopment Area
to the latest Uniform Building Code, the Downey Building Code
and recommendations of the Structural Engineers Association
of California.
3. Demonstration of compliance with specific requirements
established by local ordinance to ensure public safety and to
prevent undesirable practices will be met prior to issuance
of grading permits for projects within the Redevelopment Area.
4. Any on -site alluvial and infill soils not approved or placed
under engineering control should be removed and replaced with
compacted fill in areas planned to support structures.
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CLIMATE AND AIR QUALITY
Significant Effect
Minor short -term impacts associated with construction activities
will occur. In 1995, mobile source, project related daily
emissions are estimated to be 520 pounds of CO; 40 pounds of ROG;
and 60 pounds of NOx. Finally microscale impacts will occur but
they are not anticipated to be significant when compared to the 20
ppm standard.
Findings
Changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant
environmental effect as identified in the Final EIR.
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 agency or
can and should be adopted by such other agency.
Facts in Support of Findinas
The significant effect has been substantially lessened to the
extent feasible by virtue of the following mitigation measures
identified in the Final EIR and incorporated into the project.
1. Because almost all of the project - related air quality impacts
derive from vehicular sources beyond the control of project
sponsors or local regulatory agencies, there is little
potential for substantial impact mitigation. Certain
mandatory measures such as dust control during construction
to prevent a dust nuisance and compliance with energy
conservation standards in Title 24 of the California
Administrative Code will be implemented, but they do not
address the basic transportation- related air quality impacts.
2. Any significant emissions reduction must come from reducing
trips. The AQMP contains a number of transportation control
measures (TCMs) which should, therefore, be considered for
inclusion where possible in project planning. These measures,
not all of which can be fully implemented in a commercial
traffic environment include:
o Improved public transit
o Area -wide carpool program
o On- street parking controls
o Park and ride lots
o Incentives for carpools, transit, bicycles and walking
o Bicycle lanes and safe storage
o Staggered work hours
o Traffic flow improvements
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3. If Downey Community Hospital builds medical facilities within
the Amended Project Area, as employers of more than 100 people
they are required to submit a trip reduction plan under the
requirements of Regulation XV. However, many of the uses
within the Amended Project Area may have fewer than 100
employees. With some centralized management, perhaps a number
of smaller employee groups could be integrated into a larger
pool where implementation of the above TCMs might be more
effective. It is, therefore, strongly recommended that
adoption of the redevelopment plan for the Amended Project
Area include a concrete commitment to trip reduction as a
means of partially mitigating the impact of project - related
transportation air emissions.
DRAINAGE AND HYDROLOGY
Significant Effect
Redevelopment of the Amended Project Area will not significantly
impact ground water supplies or groundwater recharge capabilities.
Potential flooding may occur in the event of a 100 -year flood
the area between the railroad tracks and Margaret Street where a
potential two -foot depth is indicated. A potential depth of one
foot is indicated for the adjacent areas.
Findings
Changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant
environmental effect as identified in the Final EIR.
Facts in Support of Findings
The significant effect has been substantially lessened to the
extent feasible by virtue of the following mitigation measures
identified in the Final EIR and incorporated into the project.
1. Conformance to the intent of the City of Downey General Plan
including but not limited to the Environmental Resource
Management Element.
2. Conformance of building design within the project site to the
latest Uniform Building Code, the Downey Building Code and
recommendations of the Structural Engineers Association of
California.
3. A written assessment shall be prepared by a qualified
hydrologist or engineer for all new development or
redevelopment in areas subject to 100 -year flood waters. The
assessment shall be required to determine whether the
development will significantly increase flood hazards and to
show that all new structures will be adequately protected in
accordance FEMA regulations. Design specifications will be
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coordinated with the City of Downey, Department of Community
Development, Division of Building and Safety and Engineering
Division.
4. All new development and redevelopment approvals shall require
conformance where possible with the prohibitions of the Los
Angeles Water Quality Control Board and through the City's
resource management procedures, assure that water quality and
its supporting processes are taken into account in any future
project approvals.
5. Storm drain within the redevelopment project area
shall be consistent with the City master plans of storm
drainage and requirements for storm drain facilities within
new developments. The design specifications shall be
coordinated with the City Department of Public Works and any
upgrading of existing facilities reviewed and undertaken
within these guidelines. Any required upgrading of storm
drain facilities should be undertaken within public right -of-
way as feasible.
6. Review of storm drain adequacy and project specific
requirements shall be required as part of individual project
approvals within the redevelopment area.
7. To alleviate erosion impacts, all projects approved within the
Redevelopment Area shall comply with applicable
recommendations from the Uniform Building Code and 1989 Air
Quality Management Plan (AQMP) pertaining to erosion control
and shall be required to employ the City's mandated erosion
control methods.
8. To mitigate wind erosion during construction and development,
all exposed graded areas should be kept sprinkled to minimize
dust.
9. Scheduling of grading phases to begin as close to April 15 as
possible in order to provide the longest dry season as
possible.
10. The grading plan shall include sufficient provisions for
erosion control during the raining season, considered to be
October 15 to April 15 of each year. This shall prevent
sedimentation of the existing flood control channel and public
streets.
11. All grading operations conducted on a "staged" basis to expose
only those areas necessary at each phase and only in areas
where construction is to be undertaken.
12. Immediate planting of sufficient vegetation to cover any
grading, cut and fill, or scars on which structures or
improvements are not to be constructed.
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13. Vegetation incorporated to maintain the stabilization of soils
shall be coordinated with drought resistant plants.
NOISE /LIGHT AND GLARE
Significant Effect
Temporary noise impacts associated with demolition, grading and
construction will occur. Noise levels may reach 90 dB(A) or
greater. The zone of commercial incompatibility along roadways in
the vicinity of the Amended Project Area would increase by only two
feet as a result of the proposed project. Typical redevelopment
traffic noise will increase by 0.6 to 2.0 dB. Helicopter noise,
because of the infrequency and the fact that takeoffs and landings
are more east -west rather than north - south, have little effect on
the Amended Project Area. Noise associated with the existing
railroad tracks will be diminished by the seniors' housing now
under construction. Less noise - sensitive land uses proposed within
the Amended Project Area will not be significantly impacted.
Findings
Changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant
environmental effect as identified in the Final EIR.
Facts in Sunoo ;t of Findings
The significant effect has been substantially lessened to the
extent feasible by virtue of the following mitigation measures
identified in the Final EIR and incorporated into the project.
1. Construction activities shall be limited to 7:00 a.m. to 6:00
p.m., Monday through Friday. A special permit is required to
carry out construction activities on Saturday and /or Sunday.
2. Construction staging areas shall be located in areas away from
the seniors' housing in order to minimize temporary noise
impacts.
3. Any future (seniors') housing permitted within the Amended
Project shall be required to meet the 45 dB interior noise
standard. An acoustical analysis shall be prepared for future
projects proposed within the Amended Project Area which
identifies the nature and extent of noise impacts and
mitigation measures, if any, which will achieve the mandated
interior noise levels.
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LAND USE /RELEVANT PLANNING
Significant Effect
The proposed redevelopment project is consistent with the existing
land uses in the vicinity of the Amended Project Area.
Redevelopment activities which may occur within the Amended Project
Area could result in the intensification of existing land uses and
the displacement of businesses and /or property owners through
property acquisition; however, because eminent domain is not a part
of this redevelopment amendment, the Community Development
Commission will not use it to acquire properties.
Findinas
Changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant
environmental effect as identified in the Final EIR.
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 agency or
can and should be adopted by such other agency.
Facts in Su000rt of Findinas
The significant effect has been substantially lessened to the
extent feasible by virtue of the following mitigation measures
identified in the Final EIR and incorporated into the project.
1. The City shall process all future development plans within the
proposed project area in the manner provided by applicable
City regulations, as well as the limits, restrictions and
controls established by the Community Development Commission
of the City of Downey in accordance with the adopted
redevelopment plan.
2. To protect residential areas which surround the proposed
project area, the use of the P -B Parking Buffer zone shall be
retained as necessary to ensure the continued separation
between commercial and residential uses.
3. Developers within the proposed project area shall be required
to prevent parking spillover into adjoining residential
neighborhoods by: (1) providing parking in accordance with the
City's parking requirements, (2) supporting alternatives which
reduce transportation demand (ridesharing or transit) to serve
the projected commuting flow associated with the project, or
both. Future developers within the proposed project area
shall be required to comply with the provisions of South Coast
Air Quality Management District (AQMD) Regulation XV with
regard to reducing vehicle trips and, consequently, parking
demand in the project area. Compliance with these measures
shall be monitored during the project review and approval
process.
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TRAFFIC AND CIRCULATION
Sianificant Effect
Future redevelopment will result in the generation of 9,470 average
daily vehicle trips, an increase in volumes on the existing roadway
system from about three percent to over 38 percent. Only one
intersection will be negatively impacted by ultimate development
of the proposed project: Firestone Boulevard /Lakewood Boulevard.
Findina
Changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant
environmental effects as identified in the Final EIR.
Findinas in Support of the Fact
The significant effect has been substantially lessened to the
extent feasible by virtue of the following mitigation measures
identified in the Final EIR and incorporated into the project..
1. Prepare and implement a Transportation Demand Management (TDM)
program, where feasible, in conjunction with the project
development to reduce the level of project - generated traffic
during the peak periods. This program could include the
following elements: (a) staggered work schedules, (b) ride
sharing program, (c) priority parking for carpools /vanpools,
(d) transit service enhancements, and (e) the provision of
bicycle storage facilities and lockers.
2. Improve the Firestone Boulevard /Lakewood Boulevard by
providing three through lanes in the north -south direction and
four through lanes in the east -west direction. This
improvement will result in improving the intersection
operations to LOS D and E during the morning and afternoon
peak periods, respectively. The Community Development
Commission and /or project applicant will be required to pay
for such improvements, if determined necessary.
3. Improve Margaret Street with two travel lanes and parking
along both sides of the street (i.e., 40 feet curb -to- curb).
The Community Development Commission and /or project applicant
will be required to pay for such improvements, if determined
necessary.
4. Landscape plantings and signs shall be designed to assure good
visibility for motorists at all site access driveways and
internal roadway intersections.
5. Replace any parking spaces required for an existing building
which are displaced by future redevelopment.
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6. Construct sidewalks along all streets and pedestrian walkways
between all buildings and parking areas to accommodate
pedestrian movements.
7. The warning devices at the at -grade railroad crossings on
Brookshire Avenue and Patton Road shall continue to be
monitored to ensure that they are in proper working condition.
Also, the roadway surface adjacent to the railroad tracks
should be provided with a rubberized surface to minimize
disruption to vehicular traffic, subject to approval by the
State of California Public Utilities Commission and the
Southern Pacific Transportation Company.
8. A signal warrant analysis shall be undertaken on a project -
by- project basis to determine signal needs for the Brookshire
Avenue /Iowa Street intersection. A signal shall be
constructed at this intersection at such time as warranted.
The Community Development Commission and /or project applicant
will be required to pay for such improvements, if determined
necessary.
PUBLIC HEALTH AND SAFETY
,Significant Effect
Future redevelopment could be affected by undetected hazards
associated with prior activities and hazards related to improper
handling and storing of hazardous materials. It is unlikely that
groundwater would be adversely affected by implementation of the
proposed project. It is not anticipated that emergency responses
or emergency evacuation plans will be significantly affected by the
proposed project.
Finding
Changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant
environmental effects as identified in the Final EIR.
Findings in Sunnort of the Fact
The significant effect has been substantially lessened to the
extent feasible by virtue of the following mitigation measures
identified in the Final EIR and incorporated into the project.
1. The removal of any underground storage tanks identified on the
proposed project site within the Redevelopment Area as
required by California State law. Although there is no
analytical evidence to suggest leaking tanks are present on
any of the proposed sites, state requirements would require
further testing at the time of removal of any tanks identified
on a site.
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2. Monitoring of groundwater during mitigation of any
contaminated soils for contamination resulting from mitigation
activities or existing, localized unidentified groundwater
contamination.
3. If site assessment indicates that remediation will be
required, a remediation plan for the site shall be developed
based on applicable soils investigations and available
technologies. The plan shall identify the location and method
of remediation of sites with any soils identified as being
contaminated. The removal and disposition and /or other
remediation of these materials will be verified by a
registered geologist and approved prior to issuance of the
building permits.
4. Remediation of the contaminated soils on the site shall be
coordinated with the California Department of Health Services
which must approve the remediation technology utilized and
establish appropriate clean -up levels. Remediation operations
shall be coordinated, as necessary, with other regulatory
agencies such as Air Quality Management District, Regional
Water Quality Control Board, etc. depending upon the
remediation technologies selected.
5. The Downey Fire Department will be provided with verification
that all contaminated materials, subsequently identified as
being hazardous, will be disposed of in an approved landfill
or remediated in an approved manner.
6. Any contaminated materials encountered during grading
operations shall also undergo remedial operations in
compliance with standards and guidelines established by an
approved remediation plan.
7. Compliance with the policies and related City Codes which
establish a system to monitor and regulate the handling,
transport, and disposal of contaminated soils and hazardous
materials.
8. All recommendations proposed in the air quality section of
this document relative to watering the site during the removal
of soils from the site and other grading operations shall be
adhered to maximize the potential reduction of creating
fugitive dust off -site.
9. As feasible, site design remediation programs shall include
site arrangements which allow through movement of prevailing
winds and circulation of air at the site and abundant
landscaping, which tends to shield and filter the air at the
site. Setbacks and buffer areas shall be included in site
design to separate activity areas from industrial activities,
roadways and parking areas to allow the dispersion of
relatively concentrated contaminants near the source of
emission.
17
10. The Downey Fire Department shall be designated as the lead
agency for monitoring construction hazards associated with
hazardous materials. The developer for individual projects
will coordinate efforts with the Department to ensure that no
hazards are associated with proposed construction activity.
11. Design guideline for projects approved within the Amended
Project Area shall include provisions that any hazardous
materials or wastes that may contaminate ground and surface
waters shall be stored in areas that have an impervious floor
and impervious sidewalls with sufficient capacity to contain
a maximum spill.
12. Underground fuel storage tanks and piping at service stations
shall comply with California underground storage tank
regulations.
13. If specialized uses which may discharge large volumes of
potentially contaminated water into the local sewer system,
i.e., a carwash, review by the local sewer agency shall be
required and an assessment required for pretreatment of the
wash water to remove sediment, oil and grease before discharge
into the sanitary sewer.
PUBLIC FACILITIES AND SERVICES
Fire Protection
Significant Effect
Increased development may result in an increase in the demand for
fire protection services. However, the level of service would not
be degraded by implementation of the redevelopment plan.
Finding
Changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant
environmental effects as identified in the Final EIR.
Findinas in Suonort of the Fact
The significant effect has been substantially lessened to the
extent feasible by virtue of the following mitigation measures
identified in the Final EIR and incorporated into the project.
1. The Downey Community Development Commission will consult with
the Fire Department to review plans for projects within the
redevelopment area, determine the need for mitigation and
ensure that adequate on site and off site facilities are
available to support for individual development projects.
18
2. Design standards shall be consistent with accepted fire safety
considerations. Existing fire safety regulations (access,
hydrants, sprinklers, etc.) shall be enforced through
established City of Downey project review and permitting
procedures.
3. Specific fire safety design criteria shall be applied
consistently within the Amended Project Area to ensure that
adequate circulation and emergency access is provided; for
example, by providing adequate ingress and egress to proposed
development and requiring street widths and fire access in
accordance with City standards.
4. Provisions for the use and storage of any potentially
hazardous materials within the proposed plan area shall be
approved by the Fire Department and strict controls shall be
placed upon their use and storage to ensure safety. All laws
regarding storage and use shall be strictly enforced. An
emergency response plan and /or emergency evacuation plan shall
also be prepared and approved by the Fire Department.
5. A hazard and toxic materials plan which determines the method
of storing and disposing of such materials shall be submitted
to the Fire Department for their review and approval prior to
issuing a tenant improvement permit.
Police Protection
Significant Effect
Increased development within the Amended Project Area could result
in increased crime; however, redevelopment which addresses
deterioration and decay may result in a net improvement in the
crime rate of the area. Project implementation is not expected to
pose significant problems in providing law enforcement services.
Finding
Changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant
environmental effects as identified in the Final EIR.
Findings in Sunnort of the Fact
The significant effect has been substantially lessened to the
extent feasible by virtue of the following mitigation measures
identified in the Final EIR and incorporated into the project.
1. The Community Development Commission will coordinate with the
Police Department on design guidelines for projects proposed
within the Redevelopment area. In order to ensure the
continuing provision of adequate law enforcement services as
the proposed Redevelopment Plan is implemented, the Police
19
Water Facilities and Service
Department will review plans for individual projects proposed
within the redevelopment area.
Sianificant Effect
Project implementation would result in the demand for up to 100,000
gallons per day over that consumed by the existing uses. No
adverse impacts to domestic water facilities are anticipated.
Finding
Changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant
environmental effects as identified in the Final EIR.
Findinas in Support of the Fact
The significant effect has been substantially lessened to the
extent feasible by virtue of the following mitigation measures
identified in the Final EIR and incorporated into the project.
1. Required on -site (i.e., within the Amended Project Area)
domestic water connections shall be constructed to meet the
standards of the City Engineer and /or City of Downey Water
System, as appropriate, with easements granted to the City of
Downey as required to maintain on -site water facilities.
Adequate plans for on -site water facilities to serve future
development projects within the proposed redevelopment area
shall be prepared by a registered professional engineer and
shall be subject to the approval of the City of Downey. It
shall be the responsibility of the developer to extend and /or
construct new facilities required to serve future development
in the project area.
2. Required improvements to local water mains and other domestic
water facilities may also be constructed as needed by the
Community Development Commission of the City of Downey.
Implementation of the proposed project will provide a
potential source of funding to provide needed infrastructure
improvements in the proposed project area. Necessary capital
costs for the proposed project are to be financed primarily
through property tax increments created in the project area
and retained by the redevelopment agency, pursuant to Section
33670 of the California Health and Safety Code. Additional
funding arrangements, including issuance of bonds or other
financial instruments, developer reimbursements and assessment
and Community Facilities Districts may also be used.
3. Installation of water - saving devices shall be included in the
design and construction of future development projects within
the project area. These shall include, at a minimum:
20
o Low flush toilets
o Low flow showers and faucets
o Insulation of hot water lines in water recirculating
systems.
4. Automatic systems shall be installed which restrict landscape
watering to early morning and evening hours, in order to
reduce evaporation.
5. Drought resistant vegetation shall be used for landscaping to
reduce water consumption from irrigation.
Sewer Facilities and Service
Sianificant Effect
Project implementation would result in the generation of
approximately up to 192,000 gallons per day of sewage over the
existing uses. However, no significant impacts are anticipated at
the regional treatment facilities. Local sewers serving the
Amended Project Area may be impacted, depending upon the
characteristics of future development projects.
Finding
Changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant
environmental effects as identified in the Final SIR.
f'indinas in Supoort of the Fact
The significant effect has been substantially lessened to the
extent feasible by virtue of the following mitigation measures
identified in the Final EIR and incorporated into the project.
1. Required on -site and off -site sewers shall be constructed to
meet the standards of the City Engineer, in accordance with
the requirements of City of Downey Municipal Code Section
7224. Sewer easements may also be required. Adequate plans
for both on -site and off -site sewer improvements to serve the
project shall be prepared by a registered professional
engineer and shall be subject to the approval of the City of
Downey. Required connection fees shall be paid to the City
and to the County Sanitation Districts before a permit to
connect to the sewer system can be issued.
2. The County Sanitation Districts are empowered by the
California Health and Safety Code to charge a fee for the
privilege of connecting to the Sanitation Districts' Sewerage
System or for increasing the existing strength and /or quantity
of wastewater attributable to a particular parcel or operation
already connected. Required fees shall be the responsibility
of the future developers of the property located within the
redevelopment area.
21
3. Required improvements to local sewer lines may also be
constructed as needed by the Community Development Commission
of the City of Downey. Implementation of the proposed project
will provide a potential source of funding to provide needed
infrastructure improvements in the proposed project area.
Necessary capital costs for the proposed project are to be
financed primarily through property tax increments created in
the project area and retained by the redevelopment agency,
pursuant to Section 33670 of the California Health and Safety
Code. Additional funding arrangements, including issuance of
bonds or other financial instruments, developer reimbursements
and assessment and Community Facilities Districts may also be
used.
4. Installation of water - saving devices, which also serve to
reduce wastewater generation, shall be included in future
project design and construction. These shall include, at a
minimum:
Solid Waste
Sianificant Effect
Project implementation will result in the generation of
approximately 15 to 30 tons /day more solid waste than is currently
generated within the Amended Project Area.
Finding
o Low flush toilets
o Low flow showers and faucets
o Insulation of hot water lines in water recirculating
systems.
Changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant
environmental effects as identified in the Final EIR.
Findinas in Su000rt of the Fact
The significant effect has been substantially lessened to the
extent feasible by virtue of the following mitigation measures
identified in the Final EIR and incorporated into the project.
1. The Community Development Commission of the City of Downey
shall encourage future developers within the proposed project
area to examine the feasibility of implementing recycling
programs for office white paper, computer paper, glass, cans,
P.E.T plastic bottles, cardboard and other recyclable
materials. Refuse collection contracts for development
projects within the project area shall, to the extent
feasible, include provisions for the collection of
recyclables. Design of development projects within the
22
project area shall allow for siting of recycling facilities
within trash receptacle enclosures, in the event that such
programs are eventually implemented, and shall reserve space
to provide access for recycling vehicles.
2. Development projects within the proposed project area shall
comply with requirements established in any final Integrated
Solid Waste Management Plan which may be adopted by the
County.
3. Landscaping of future development projects within the proposed
project area shall incorporate drought resistant plant
materials which have minimal maintenance requirements and
generate less yard waste for disposal at County landfills.
Storm Drain Facilities
Sianificant Effect
Project implementation will result in some impacts to the existing
inadequate storm drain system in the Zity. However, it would not
pose significant impacts to the County storm drainage facilities.
Finding
Changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant
environmental effects as identified in the Final EIR.
Findinas in Support of the Fact
The significant effect has been substantially lessened to the
extent feasible by virtue of the following mitigation measures
identified in the Final EIR and incorporated into the project.
1. Participation in the appropriate master plan of drainage.
Participation shall be determined by the City Engineer and may
include the construction of master plan facilities, dedication
of right -of -way and /or payment of drainage fees.
2. Construction of storm drainage facilities in conformance with
applicable City of Downey codes and standards. An engineering
hydrology study will be required to determine the quantity of
storm water runoff from development sites located in the
proposed redevelopment area. A drainage plan will be
developed for proposed development sites which will identify
the on -site and other localized storm drain improvements
required to direct storm flows to local storm drains and
regional flood control systems. The drainage plan shall be
approved prior to the issuance of building permits. The
necessary improvements shall be constructed prior to issuance
of certificates of use and occupancy.
23
3. Required improvements to local storm drains may also be
constructed as needed by the Community Development Commission
of the City of Downey. Implementation of the proposed project
will provide a potential source of funding to provide needed
infrastructure improvements in the proposed project area.
Necessary capital costs for the proposed project are to be
financed primarily through property tax increments created in
the project area and retained by the Community Development
Commission, pursuant to Section 33670 of the California Health
and Safety Code. Additional funding arrangements, including
issuance of bonds or other financial instruments, developer
reimbursements and assessment and Community Facilities
Districts may also be used.
4. Developers within the proposed redevelopment area shall comply
with all measures determined to be necessary by the City of
Downey and other governing agencies at the time of site plan
review.
5. Necessary easements required to maintain the storm drain in
Brookshire Avenue shall be retained by the Los Angeles County
Department of Public Works.
UTILITIES
Telephone
Sianificant Effect
No significant impacts will occur to communications facilities as
a result of project implementation.
Findina
Changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant
environmental effects as identified in the Final EIR.
Findinas in Support of the Fact
The significant effect has been substantially lessened to the
extent feasible by virtue of the following mitigation measures
identified in the Final EIR and incorporated into the project.
1. To reduce visual impacts, undergrounding of cables and other
utility lines should be required in design specifications for
development projects within the redevelopment area. No
additional mitigation measures would be required due to lack
of significant impacts.
24
Natural Gas
Significant Effect
No significant impacts will occur to natural gas service and /or
facilities as a result of project implementation.
Finding
Changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant
environmental effects as identified in the Final EIR.
Findinas in Support of the Fact
The significant effect has been substantially lessened to the
extent feasible by virtue of the following mitigation measures
identified in the Final EIR and incorporated into the project.
1. Energy conservation measures shall be required in accordance
with Title 24 of the California Administrative Code.
2. SCG, which has developed several programs, in addition to
those which are required, should be included within the future
planning process as the redevelopment plan is implemented and
specific projects are approved. These programs will aid in
selecting the most energy efficient applications or systems
for the specific proposed projects.
3. Coordination of the installation of utilities so that on -site
natural gas systems are installed concurrent with other
utilities will minimize disruption and costs. Examples of
project specific measures which may be utilized include the
following:
o Installation of thermal insulation in walls and ceilings
which meet or exceeds the standards established by the
State of California or the Department of Building and
Safety.
o Designs which utilize windowless walls for western
exposures, site orientation of buildings to use solar
heating systems and efficient heating - cooling systems.
o Landscaping and berming designed to moderate building
heat gain may be encouraged.
4. The California Administrative Code and local Building and
Safety Codes incorporate provisions and guidelines for
construction of more energy efficient structures. Compliance
with these provisions and other available mitigation measures
will further conserve available natural gas resources.
25
Electricity
Sianificant Effect
No significant impacts will occur to electric service and /or
facilities as a result of project implementation.
Finding
Changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant
environmental effects as identified in the Final EIR.
Findinas in Support of the Fact
The significant effect has been substantially lessened to the
extent feasible by virtue of the following mitigation measures
identified in the Final EIR and incorporated into the project.
1. Project design and operations will be required to incorporate
and implement those energy conservation measures as
appropriate to conform to Title 24 requirements.
2. The California Administrative Code and local Building and
Safety Codes incorporate provisions and guidelines for
construction of more energy efficient structures. To reduce
visual impacts, undergrounding of utility lines should be
required in design specifications for development projects
within the redevelopment area. Compliance with these
provisions and other available mitigation measures will reduce
the impacts from electrical energy demand to less than
significant levels.
SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE
PROJECT IS IMPLEMENTED
PUBLIC SERVICES AND FACILITIES
Solid Waste
Environmental Effect
Approximately 15 to 30 tons of solid waste would be generated upon
buildout and occupancy of the proposed Amended Redevelopment
Project Area. Los Angeles County is facing a major crisis today
in solid waste disposal capacity. Cumulative impacts to solid
waste facilities are, therefore, considered to be significant.
Findinas
Specific economic, social, or other considerations make infeasible
the mitigation measures or project alternatives identified in the
Final EIR (Section 15091 of the CEQA Guidelines).
26
Facts in Support of Findinas
The alternatives were rejected for the reasons set forth as
follows:
1. No Project Alternative
a. Without encouragement and assistance from the
Community Development Commission, expansion of the
City's economic base to provide needed local
employment opportunities and tax revenues may not
occur.
b. The provision of new or expanded public improvements
to serve the Amended Project may not be possible
without redevelopment incentives.
c. Significant effects of the preferred project are
acceptable when balanced against facts set forth in
the Statement of Overriding Considerations and
stated above, and are more acceptable than those
anticipated from the No Project Alternative.
2. Development at Higher Intensity
a. Potential impacts associated with redevelopment at
densities and intensities higher than those
prescribed by the City's General Plan could
overburden some existing infrastructure.
b. This alternative would require the General Plan and
zoning of the City of Downey to be amended to allow
greater development intensity, resulting in a change
in long -term goals and policies previously adopted
by the City.
c. Significant effects of the preferred project are
acceptable when balanced against facts set forth in
the Statement of Overriding Considerations and
stated above, and are more acceptable than those
anticipated from the Development at Higher Intensity
Alternative.
3. Financing Alternatives
a. Implementation of this alternative would replace
tax increment revenues with funds from a variety of
programs and sources, no single one of which would
be sufficient in amount or breadth of application
to accomplish the objectives of the proposed
project.
b. Significant effects of the preferred project are
acceptable when balanced against facts set forth in
the Statement of Overriding Considerations and
27
stated above, and are more acceptable than those
anticipated from the Financing Alternative.
4. Alternative Site /Project Area
a. The impacts of the project at any of the alternative
locations would be equal to or greater than those
at the proposed site.
b. Significant effects of the preferred project are
acceptable when balanced against facts set forth in
the Statement of Overriding Considerations and
stated above, and are more acceptable than those
anticipated from the Alternative Site /Project Area.
c. Implementation of the Alternative Site /Project Area
would eliminate the opportunity to eliminate blight
in the proposed Project Area.
28
ATTACHMENT B
STATEMENT OF OVERRIDING CONSIDERATIONS
AMENDMENT NO. 5A TO DOWNEY REDEVELOPMENT PROJECT AREA
DOWNEY, CA
The California Environmental Quality Act requires a public agency
to balance the benefits of a proposed project against its
unavoidable environmental risks in determining whether to approve
the project. The Downey Community Development Commission has
determined that the unavoidable risks of this project are
acceptable when balanced against the benefits of this project,
giving greater weight to the unavoidable environmental risks. In
making this determination, the following factors and public
benefits were considered or decisions made:
1. The project will encourage and assist in the development
of new office /professional uses on vacant, underutilized
and physically blighted parcels in a manner which will
strengthen, rather than detract from, the economic
vitality of the community.
2. The project will expand the City's economic base to
provide needed local employment opportunities.
3. The project will result in the rehabilitation of
existing, conforming land uses to extend the life and
quality of such structures.
4. The project will selectively assemble inappropriately
sized and /or underutilized parcels to facilitate
redevelopment of affected uses.
5. The project will provide new or expanded public
improvements to serve the Amended Project Area (as
proposed to be amended) and thereby ensure an improved
environmental quality for the businesses and employees
of Downey, as well as for surrounding residents.s
6. The proposed project will assist in the expansion of the
community's supply of affordable housing.
29
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