HomeMy WebLinkAboutResolution No. 5533RESOLUTION NO. 5533
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
CERTIFYING THE ENVIRONMENTAL IMPACT REPORT
FOR SPECIFIC PLAN 91 -2
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby finds, determines, and declares that:
A. In April 1990, the City Council of the City of Downey initiated preparation of
Specific Plan 91 -2 (SP 91 -2) to guide 477,000 square feet of predominately retail
commercial development on approximately 36.5 acres in the vicinity of Stonewood
Shopping Center.
B. The City, as lead agency for the project, prepared a Draft Environmental Impact
Report (DEIR) for Specific Plan 91 -2 in accordance with the California Environmen-
tal Quality Act (CEQA) of 1970, as amended. The Planning Commission consid-
ered public comments on the DEIR at a public hearing held February 5, 1992.
C. The Draft Environmental Impact Report (DEIR), State Clearinghouse No.91071083,
evaluated the probable and potential environmental effects of the action.
D. The DEIR was prepared in accordance with CEQA, the State CEQA Guidelines and
the City of Downey's Environmental Procedures, which were adopted by City
Council Resolution No. 4326.
E. The DEIR was distributed to the appropriate public agencies and interested parties
and was made available for public review during the 45 -day review period:
December 23, 1991 through February 5, 1992.
F. The Planning Commission conducted public hearings to receive testimony on the
DEIR for on February 5, 1992.
G. Written and oral comments on the DEIR were received by the City during the 45-
day public review period and were adequately responded to in accordance with the
State CEQA Guidelines, Section 15088lb).
H. The comments and responses to comments concerning the DEIR are included in
the Final EIR in a document entitled "Responses to Comments ".
1. The City Council has fully reviewed and carefully considered the FEIR, the
comments, and all other environmental documents that would comprise the Final
EIR and has considered the mitigation measures therein.
SECTION Z. The City Council hereby adopts, and incorporates herein by this reference,
the following documents attached hereto as exhibits: (1) the Statement of Findings and Facts,
attached as Exhibit A; (2) the Statement of Overriding Considerations, attached as Exhibit 8;, and
(3) the Inventory of Mitigation Measures and Mitigation Monitoring Program, attached as Exhibit C.
Resolution No. 5c33
Specific Plan 91 -2 EIR
Page 2
SECTION 3. The City Council hereby certifies the FEIR, since the actions are complete
and adequate, and the FEIR was prepared in compliance with the requirements of CEQA, the State
CEQA Guidelines and the City of Downey Environmental Procedures.
ATTEST:
City Clerk
AYES:
NOES:
ABSENT:
ABSTAINED:
Iflcewrt«
SECTION 4. The City Clerk shall certify a copy of this Resolution.
PASSED, APPROVED, AND ADOPTED THIS 10th DAY OF March
arbar
Mayor
I HEREBY CERTIFY that the foregoing Resolution was duly and regularly passed and
adopted by the City Council of Downey at a regular meeting thereof held on the 10th day of
March , 1992 by the following vote:
4 COUNCIL MEMBERS: Boggs, Riley, Brazelton, Hayden
0 COUNCIL MEMBERS: None
1 COUNCIL MEMBERS: Cormack
0 COUNCIL MEMBERS: None
Judith E. McDonnell
City Clerk
, 1992
EXHIBIT A
CEQA STATEMENT OF FINDINGS AND FACTS
CITY OF DOWNEY
LAKEWOOD /FIRESTONE SPECIFIC PLAN 91 -2
SIGNIFICANT ENVIRONMENTAL EFFECTS THAT CANNOT BEA VOIDED 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 THE LAKEWOOD /FIRESTONE SPECIFIC PLAN 91 -2.
BACKGROUND
The California Environmental Quality Act (CEQA) the State CEQA Guidelines (Guidelines), and the
City of Downey's environmental procedures state (Section 15091):
"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:
Finding 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.
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 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 project alternatives identified in the EIR.
The City of Downey proposes a specific plan to serve as the zoning and development regulations for
approximately 36.5 acres in the vicinity of Stonewood Shopping Center — specifically, the area
-- southeast of the intersection of Lakewood Boulevard and Cecilia Street, the four corners of Lakewood
and Firestone Boulevards and adjacent properties, and the south side of Firestone from Lakewood
Boulevard to Woodruff Avenue, north of the railroad. The specific plan would permit construction
of up to 477,000 square feet of building area, to be used primarily for retail commercial uses.
Because the proposed action constitutes a project under the CEQA Guidelines, the City of Downey
has prepared and Environmental Impact Report (EI The EIR has identified certain significant effects
that may occur as c result of the project, or on a cumulative basis in conjunction with other past,
present, or reasonably foreseeable future projects. Further, the City of Downey desires to approve
this project and, after determining that the EIR is complete and has been prepared in accordance with
CEQA and the Guidelines the findings set forth herein are made.
The EIR evaluates the proposed actions and a series of alternatives. It identifies significant effects
that may occur as a result of those actions relating to earth resources, air quality and noise; site and
storm drainage and hydrology; land use; traffic and circulation; public health and safety; public
facilities and services; water and sewer facilities and service; solid waste; and utilities. Mitigation
measures recommended to reduce impacts to a level of insignificance are attached. Impacts to air
quality and solid waste disposal cannot be mitigated to a level of insignificance and are considered
SP 91- 2:Findings and Facts - 1
unavoidable and adverse. A Statement of Overriding Considerations is attached that identifies and
balances the benefits of the proposed actions against these unavoidable and adverse effects.
Further, the Planning Commission determines that the EIR is complete and has been prepared in
accordance with CEQA and the CEQA Guidelines. The following findings and facts are set forth
pursuant to Section 15091 of those Guidelines.
FINDINGS OF FACT IN SUPPORT OF FINDINGS FOR
SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROJECT
EFFECTS DETERMINED TO BE INSIGNIFICANT
INITIAL STUQ!
The City of Downey prepared an Initial Study to identify effects of the proposed project which are
not potentially significant. Topics 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.
C. The project area 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 modifica-
tion 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.
C. Project implementation will not result in alteration of the course or flow of flood waters.
D. The project will not cause a change in the amount of water in any surface water body.
E. Implementation of the project will not cause the discharge of any pollutants that will affect the
surface water quality of any water body.
F. The project will not affect on the rate or direction of flow of any groundwater sources.
G. The project will not result in the addition or removal of water from any groundwater source.
Therefore, it will not cause any impact to the quantity or quality of any groundwater.
SP 91- 2:Findings and Facts - 2
H. Implementation of the project will not result in 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 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 Life
A. The project will not result in the change in diversity of species, or numbers of any species of
animals (including birds, land animals, reptiles, fish, shellfish, benthic organisms, and insects).
B. The project will not result in reduction of 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.
Risk of Upset
A. Project implementation will not result in the risk of an explosion or the release of hazardous
substances in the event of an accident or upset conditions.
B. The project will not result in the possible interference with an emergency response plan or an
emergency evacuation plan.
Transportation /Circulation
D. Project implementation will not significantly alter the present patterns of circulation or movement
of people and/or goods.
E. Project imp' a.. on will not alter waterborne, rail, or air traffic.
Public Services
D. Parks and recreational facilities will not be impacted by implementation of the proposed specific
plan.
F. No other governmental services or facilities will be adversely impacted by implementation of the
specific plan.
Energy
SP 91- 2:Findings end Facts - 3
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 may influence the replacement of existing urban uses with similar uses. No
significant impact to the aesthetics of the area will result.
Recreation
A. The project will not impact the quality or quantity of existing recreational opportunities.
Cultural Resources
A. There is no documentation available that would suggest that project implementation will result
in the alteration of or the destruction of a prehistoric or historic archaeological site.
B. Previous development of the area has resulted in the destruction of any previously existing
resources. 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 values.
D. No known religious or sacred uses exist within the specific plan area or environs. No project -
related impacts are anticipated.
EFFECTS DETERMINED TO BE M /TIGABLE TO A LEVEL OF INSIGNIFICANCE
SOILS AND GEOf OGY
Significant and Potential Effects:
Structures will be subject to potential groundshaking from seismic activity on existing regional
faults /fault systems. These impacts will be similar to those that occur throughout the seismically
active Southern California region. No severe geologic or soil - related hazard or constraints exist that
are considered to be potentially significant. Wind and water erosion may occur during construction.
Finding
Finding 1 - Chengesor alterations have been required in, or incorporated into, the project which avoid
or substantiaNy beam the significant effect as identified by the EIR.
Facts in Support of Ong
The significant effect has been substantially lessened to the extent feasible by virtue of the following
mitigation measures identified in the EIR and incorporated into the project.
1. Prior to issuing a Grading Permit, the applicant shall submit grading and drainage plans subject
to the approval of the City Engineer and Building Official. All grading activities shall be carried
out under the guidelines set forth in Chapter 70 of the Uniform Building Code, 1988 Edition.
2. The applicant shall implement the following erosion - control measures to limit wind and water ero-
sion.
SP 91- 2:Findings and Facts - 4
a. Minimize the length of time soils lie exposed.
b. Regularly water cleared areas in compliance with City requirements and SCAQMD Rule 403.
c. Establish maximum vehicle speeds within construction areas.
d. Wash construction vehicles before leaving the site.
e. Place sandbags around the perimeter of the site prior to grading.
f. Use soil stabilizers where feasible
3. Due to the potential for high- intensity groundshaking, the applicant, prior to issuing building
permits, shall comply with the standards set forth in the Uniform Building Code (1988 Edition)
to assure seismic safety to the satisfaction of the City Building Official.
LIGHT/GLARE
Significant Effect
Building materials could create glare and light impacts.
Finding
Finding 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.
Facts in Support of Finding
The significant effect has been substantially Lessened to the extent feasible by virtue of the following
mitigation measures identified in the EIR and incorporated into the project.
26. Prior to issuing a building permit, all future developments' lighting plans shall be approved by the
City Planner and Traffic Engineer to ensure they conform with the provisions of DMC Section
9152.18.
27. Outdoor lighting shall be arranged so as to not direct Tight on any street or adjoining property.
Exposed bulbs shall not be permitted.
28. The type and location of parking area lighting standards and the intensity of the lights shall be
approved by the Traffic Engineer and City Planner.
,AND USE /RELEVANT PLANNING
Some existing buildings and uses may be replaced as property owners recycle their properties. Con-
struction activities will produce short-term noise impacts.
Finding
Finding 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.
Facts in Support offlndng:
The significant effect has been substantially lessened to the extent feasible by virtue of the following
mitigation measures identified in the EIR and incorporated into the project.
29. Construction activities shall be restricted to 7:00 am to 6:00 pm.
30. Project developers shall be required to provide sufficient parking so that project parking does not
spill over onto neighboring streets.
31. The City shall process the proposed projects in the manner provided by applicable City regula-
tions including those regulations imposed by the specific plan.
SP 91- 2:Findings end Facts - 5
32. The specific plan provides for reciprocal access agreements. Compliance with these provisions
will mitigate on -site and off -site traffic circulation impacts.
TRAFFIC AND CIRCULATION
Significant and Potential Effects:
Full construction as allowed by this specific plan will generate up to 2,955 new vehicle trips daily.
Cumulative impacts of implementation of this specific plan and four other projects in the vicinity will
produce unacceptable levels of service at 4 intersections: Firestone /Lakewood, Firestone /Brookshire,
Firestone/Woodruff (East), and Firestone /I -605 NB.
Finding
Finding 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.
Facts in Support of Finding
The significant effect has been substantially lessened to the extent feasible by virtue of the following
mitigation measures identified in the EIR and incorporated into the project.
33. Some widening may be required at the Lakewood /Brookshire intersection.
34. Right -of -way at Lakewood /Firestone, with or without SP 91 -2, must be increased as properties
recycle to the following rights -of -way:
Existing r -o -w Ultimate r -
Lakewood, north leg 102' 115'
Lakewood, south leg 102' 114'
Firestone, east leg 115' 116'
Firestone, west leg 100' 102'
35. Dual westbound turn lanes shall be provided at the Firestone/Woodruff (east) intersection.
36. Current reconstruction at the Firestone /I -605 NB intersection will improve level of service at that
location.
37. Signalization would improve LOS at the Firestone /Patton intersection
38. Firestone /Marbel and Firestone /Nash should be restricted to right turns only.
39. Lakewood /Hall and Lakewood /Buckles intersections should be restricted to right turns only.
40. At the time planning action applications are submitted to develop specific plan area properties,
a traffic study ah.N be prepared to identify traffic conditions in the vicinity of the project site and
devise the appropriate mitigation measures that will accompany the development.
PUBLIC HEALTH AND SAFETY
Significant and Potendal Effects:
Future development 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 ground
water would be adversely affected by implementation of the proposed project, although surface
runoff and underground storage tank leaks may affect groundwater. It is not anticipated that
emergency responses or emergency evacuation plans will be significantly affected by the proposed
project. Train derailment may pose a threat of hazardous material exposure to patrons and employ-
ees of specific plan area developments.
SP 91- 2:Findings and Facts - 6
Finding
Finding 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.
Facts in Support of Finding
The significant effect has been substantially lessened to the extent feasible by virtue of the following
mitigation measures identified in the EIR and incorporated into the project.
41. All underground storage tanks slated to be removed shall be done so in accordance with all
federal, state, county, and local regulations; state requirements also mandate further soil testing
if during removal evidence exists suggesting the tank has leaked or is leaking.
42. The quality of the groundwater shall be monitored for the possibility of contamination while soil
remediation activities are conducted which might lead to contamination.
43. If site assessment indicates remediation is required, a remediation plan shall be developed based
on applicable soils investigations and available technologies. The plan shall identify the location
and method of remediating the contaminated soils. The removal, disposal, and /or other
remediation measures involving contaminated soils shall be verified by a registered geologist and
approved prior to issuance of building permits.
44. Soil remediation activities shall be coordinated with the California Dept. of Health Services; this
department shall approve the intended remediation technology and establish appropriate cleanup
levels before the activities can be implemented. Remediation operations shall also be coordi-
nated, as required depending on the remediation technology selected, with all other applicable
regulatory agencies such as the SCAQMD and the Regional Water Quality Control Board.
45. The Downey Fire Dept. will be provided with verification that all identified contaminated materials
will be disposed of in an approved landfill or remediated in an approved manner.
46. Any contaminated materials encountered during grading shall also undergo remedial operations
in compliance with standards and guidelines established by an approved remediation plan.
47. Applicants shall comply with city policies and all municipal code provisions relating to establish-
ing a system to monitor and regulate the handling, transport, and disposal of contaminated soils
and hazardous materials.
48. All mitigation measures in this EIR's air quality section regarding watering the site during removal
of soils and grading shall be complied with to minimize off -site fugitive dust.
49. Downey's Firs Dept. is the lead agency for monitoring construction activities that employ
hazardous materials. Developers shall coordinate their efforts with the department to ensure that
use of these materials does not pose a threat to site occupants.
50. Development standards shall include provisions that any hazardous materials or wastes that have
the potential to contaminate ground waters shall be stored in areas that have an impervious floor
and sidewalls with sufficient capacity to contain a maximum spill.
51. Provisions for use and storage of any potentially hazardous materials by future retail /commercial
uses shall be approved by the Fire Dept. 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 be prepared.
SP 91 -2 :Findings end Facts - 7
52. A hazardous and toxic materials plan that determines the method of storing and disposing of
such materials shall be submitted to the Fire Dept. for review and approval prior to issuing tenant
improvement permits.
PUBLIC FACI1,ITIE$ AND SERVICES
Fire Protection
Significant and Potential Effects:
A potential fire hazard may surface temporarily while development is under construction due to
unprotected construction materials and the areas fire flow deficiencies. Existing fire flow within the
specific plan area is inadequate.
Finding
Finding 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.
Facts in Support of Finding
The significant effect has been substantially lessened to the extent feasible by virtue of the following
mitigation measures identified in the EIR and incorporated into the project.
53. Upgrade the existing City water mains at the site to a level which will provide the total fire flow
required for the final project at full buildout, and provide necessary connections to eliminate all
dead -end mains on the project site.
54. Future commercial uses shall comply with Section 3318 of the Downey Municipal Code which
specifies provisions for early warning fire protection systems.
55. Project development standards shall be consistent with accepted fire safety considerations.
Existing fire safety regulations shall be enforced through establish4d City of Downey project
review and permitting procedures.
56. Specific fire safety design criteria shall be applied consistently throughout the specific plan area
to ensure that adequate circulation and emergency access is provided.
Police Protection
Significant and Potential Effects:
Additional commercial uses could lead to more crimes typical of shopping centers —i.e., auto
burglaries and thefts, robberies, and shoplifting.
Finding
Finding 1 - Charges or alterations have been required in, or incorporated into, the project which avoid
or substantially leeren the significant effect as identified by the EIR.
Facts in Support at Ong
The significant effect has been substantially lessened to the extent feasible by virtue of the following
mitigation measures identified in the EIR and incorporated into the project.
57. Prior to issuing building permits, adequate emergency access and vehicular circulation throughout
and around the project shall be provided to the satisfaction of the Downey Police Dept.
58. Prior to issuing building permits, adequate exterior lighting to enhance crime prevention and law
enforcement efforts shall be provided to the satisfaction of the Downey Police Dept.
SP 91.2:Findings and Facts - 8
59. Prior to issuing certificates of occupancy, proper address signs for easy identification of locations
during emergencies shall be provided.
60. Business owners within each subarea shall consider contracting with a private security firm if
feasible to patrol these businesses.
61. When planning action applications are submitted, Police Dept. officials will evaluate the
proposals' impacts on the Department's existing resource levels to determine the extent of the
proposals' effects. If adjustments are necessary, they will be made.
Schools
Significant and Potential Effects:
The project may indirectly impact existing school facilities by increasing job opportunities within the
specific plan area. Employees who move to Downey may enroll their children in local schools.
Finding
Finding 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.
Facts in Support of Finding
The significant effect has been substantially lessened to the extent feasible by virtue of the following
mitigation measures identified in the EIR and incorporated into the project.
62. Pursuant to AB 2926, the project can be assessed at an amount of up to 8.25 per square foot
of floor area.
Storm Drain Facilities
Significant and Potential Effects:
Potential for flooding from a 100 -year storm would continue to exist.
Finding
Finding 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.
Facts in Support of Finding
The significant effect has been substantially lessened to the extent feasible by virtue of the following
mitigation measures identified in the EIR and incorporated into the project.
63. An engineering hydrology study will be required to determine the quality of runoff from proposed
development.
64. A drainagel*edfng plan will be prepared for the project area identifying the on -site and storm
drain improviments required to direct storm flows to the local storm drains.
65. Construction of a sub - surface storm drain system shall be in accordance with applicable City of
Downey codes and standards.
66. Construction of master plan facilities shall be determined by the City Engineer and may include
the construction of such facilities, dedication of right -of -way and /or payment of drainage fees.
Sewer Facilities
Significant and Potential Effects:
SP 91- 2:Finding. and Facts - 9
Wastewater generated by the proposed project would not be expected to adversely affect existing
sewer facilities. Future development will however, contribute to the normal deterioration of these
facilities.
Finding
Finding 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.
Facts in Support of Finding
The significant effect has been substantially lessened to the extent feasible by virtue of the following
mitigation measures identified in the EIR and incorporated into the project.
67. Required on -site and off -site sewers shall be designed and constructed to meet the standards of
the City Engineer in accordance with municipal code requirements. Sewer easements may also
be required. Required connection fees shall be paid to the City of Downey and to the County
Sanitation District before a permit to connect the sewer system can be issued.
68. Required improvements to local sewer lines may also be constructed as needed by the City of
Downey.
Water Facilites and Service
Significant and Potential Effects:
Anticipated retail uses are expected to consume approximately 20,640 more gallons of water per day
than existing uses —an amount not expected to affect adversely the City's existing water supply.
Finding
Finding 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.
Facts in Support of Finding
The significant effect has been substantially lessened to the extent feasible by virtue of the following
mitigation measures identified in the EIR and incorporated into the project.
69. Required on -site domestic water connections shall be constructed per City standards with
easements granted to the City as required, to maintain on -site water facilities. Plans for on -site
water facilities shall be prepared by a registered professional engineer and approved by the City
Engineer prior to issuing building permits.
70. Automatic irrigation systems shall be installed restricting landscape watering to early morning
and evening hours to reduce evaporation. Automatic systems shall be designed and installed to
minimize runoff, evaporation, and maximize the water that will reach the plant roots.
71. Drought- resismnt plants shall be used where possible for landscaping to reduce water consump-
tion.
72. Low water using pants shall be grouped together to avoid excessive irrigation.
73. Mulch shall be used extensively in all landscape areas. Mulch will improve the soils' water -
holding capacity by reducing evaporation and soil compaction.
74. Investigate the feasibility of using reclaimed water for irrigation.
SP 91- 2:Findings and Fecte - 10
75. Low -flush toilets and urinals are required per Health and Safety Code Section 7191.2.
76. Efficiency standards must be met providing the maximum flow rate of all new lavatory faucets
and sink faucets, as specified in the standards approved by the American National Standards
Institute on November 16, 1979 (pursuant to Title 20, California Administrative Code Section
1604(f) [Appliance Efficiency Standards)).
77. Appliances shall not be sold or offered for sale that are not certified by its manufacturer to be
in compliance with provisions of the regulations establishing applicable efficiency standards (Title
20, Calif. Admin. Code Section 1606(b) [Appliance Efficiency Standards)).
78. Installation of fixtures is prohibited unless the manufacturer has certified to the CEC compliance
with the flow rate standards (Title 24 of the Calf. Admin. Code Section 2- 5307[b1).
79. Public lavatory facilities must be equipped with self - closing valves.
80. Supply Line Pressure: Water pressure greater than 50 psi shall be reduced to 50 psi or less by
means of a pressure reducing valve.
81. Drinking fountains shall be equipped with self - closing valves.
UTILITIES
Teleohone. Natural Gas. and Electricity
Potential Effects:
No significant impacts will occur to communications facilities, natural gas service and /or facilities,
or to electric services and/or facilities as a result of project implementation.
Finding
Finding 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.
Facts in Support of Finding
Effects have been substantially lessened to the extent feasible by virtue of the following mitigation
measures identified in the EIR and incorporated into the project.
86. Project developers shall adhere to the terms and conditions of GTE's tariff rats schedules which
are on file with the Calif. Public Utilities Commission.
87. All telephone cables shall be installed underground.
88. Energy conservation measures shall be required in accordance with Title 24 of the Calif. Admin
Code.
89. SCG, which has developed several programs, in addition to those which are required, others
should be included within the future planning process as the project is implemented. These
programs will aid in selecting the most energy efficient applications or systems for the project.
90. Coordination of the installation of utilities so that on -site natural gas systems are installed
concurrent with other utilities and /or street work will minimize disruption and costs. Examples
of project - specific measures that may be used include:
a. Installation of insulation in walls and ceilings that meets or exceeds standards of the State or
the Building and Safety Division.
SP 91.2:Findings and Facts - 11
b. Designs that use windowless walls or double -pane glass for western exposure, site orientation
of buildings to use solar heating systems and efficient heating - cooling systems.
c. Landscaping and berms designed to moderate building heat gain.
91. The Calif. Admin. Code and local Building and Safety Code 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.
92. Project design and operations will be required to incorporate and implement those energy
conservation measures as appropriate to conform to Title 24 requirements.
93. The Calif. Admin. Code and Downey's Building Code 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 the project. Compliance with these
provisions and other available mitigation measures will reduce impacts from electrical energy
demand to Tess than significant levels.
SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE
PROJECT IS IMPLEMENTED.
CLIMATE AND AIR QUALITY
Significant and Potential Effects:
SCAQMD significance thresholds for NO„ and particulates will be exceeded during construction.
Because the project is inconsistent with 1 of 3 AQMP conformity tests (jobs/housing balance), the
project is considered to be inconsistent with the 1991 AQMP and will have significant short-and long-
term impacts on regional air quality. Although it is not possible to mitigate these impacts to a level
of insignificance, implementation of the mitigation measures can reduce the impacts.
Findings:
Finding 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.
Facts in Support of Finding:
The significant effect has been substantially lessened to the extent feasible by virtue of the following
mitigation measures identified in the EIR and incorporated into the project. •
4. SCAQMD Rule 403 will be adhered to, insuring the cleanup of construction - related dirt on
approach routes to the site. (AQMP Control Measure 12.a. Paved Roads)
5. Adequate wearing techniques will be employed to partially mitigate the impact of construction -
generated dust p i ticulates. The water should be reclaimed or agricultural canal type, whenever
available. Poem of the project site that are undergoing earth moving operations should be
watered such that a crust will be formed on the ground surface and then watered again at the
end of the day (AQMP Control Measure F -4 Control of Fugitive Dust Emissions from Construction
of Roads and Buildings).
6. Any vegetative groundcover to be used on -site will be planted as soon as possible to reduce the
amount of open space subject to wind erosion. Irrigation systems needed to water these plants
should be installed as soon as possible to maintain the groundcover and minimize wind erosion
of the soil.
SP 91- 2:Findings end Facts - 12
7. Construction access roads will be paved as soon as possible and cleaned after each work day.
The maximum vehicle speed limit on unpaved roads should be 15 mph. (AQMP Control Measure
#90 A -F -2 Control of Emissions from Construction and Demolition Activities and on - site vehicular
flow IPM,
8. Grading operations will be suspended during first and second stage smog alerts or when winds
exceed 30 mph.
9. Any construction equipment using diesel drive internal combustion engines will use a diesel fuel
with a maximum of 0.05% sulfur and a four degree retard.
10. To minimize exposure to asbestos, building contractors will adhere to SCAQMD Rule 1403.
11. Construction personnel will be informed of ridesharing and transit opportunities.
12. Construction parking will be configured to minimize traffic interference.
13. A flag person will be used to guide traffic properly and to ensure safety at construction sites.
14. Construction operations affecting off -site roadways will be scheduled for off -peak traffic hours
and will minimize obstruction of through- traffic lanes. (AQMP Control Measure 3a Truck
Dispatching, Rescheduling and Reporting [ROG, NO„ PM)).
15. Employers of 100 or more persons at a single worksite will comply with SCAQMD Regulation
XV, Trip Reduction /Indirect Source. In an effort to increase the average vehicle ridership (AVR),
employers will consider ridesharing programs, transit incentives, modified work schedules, and
parking fees/incentives.
16. Building construction will comply with the energy use guidelines in Title 24 of the California
Administrative Code.
17. The project will comply with all SCAQMD Rules and Regulations.
18. Where feasible, give preferential use to diesel - powered construction equipment rather than
gasoline - powered equipment to affect exhaust emission reductions and evaporative and
crankcase HC emission reductions.
19. Where feasible, construction equipment should be properly maintained and serviced to minimize
exhaust emissions.
20. Where feasibb, low-emission building materials such as preprimed and sanded wood moulding
and trim products and preprimed wallboard should be considered for construction materials.
Also, vacuuming should be considered in lieu of pneumatic debris removal. (AQMP Control Mea-
sure F -9 Low Emission Methods and Materials for Building Construction [ROG)).
21. Where feasible, the design of the proposed commercial buildings should include appropriate
passive solar design and air conditioning systems that would cascade ventilation air from high -
priority areas (occupied spaces) to low- priority areas (corridors, equipment and mechanical spac-
es), before being exhausted.
22. Where feasible, energy costs should be included as part of the capital expenditure analyses, for
the proposed retail commercial buildings.
SP 91- 2:Findings and Facts - 13
23. Where feasible, the use of energy- efficient street lighting and parking lot lighting (low pressure
sodium vapor lights) should be considered on -site to reduce emissions at the power plant serving
the site.
24. Where feasible, the design of green belt areas can maximize the shading effect of landscaping
for streets, parking areas, and building walls. This shading effect could result in reduced air
conditioning demand for electrical energy.
25. Where feasible, consideration should be given to the use of solar water heaters (AOMP Control
Measure D -5 Control of Emissions from Residential and Commercial Water Heating [NO.]).
Finding 3 - Specific economic, social or other considerations make infeasible the mitigation measures
or project alternatives identified in the EIR.
Facts in Support of Finding
Implementation of SP 91 -2 will not improve the City's jobs/housing balance. The plan provides for
future development of commercial (and some manufacturing) uses and no additional housing units
within the study area. Also, during the long -term operational phase, all alternatives would exceed
the SCAQMD's significance threshold for CO, ROG, and NO,. These unavoidable adverse impact,
however, is considered acceptable when balanced against facts set forth in the Statement of
Overriding Considerations (Guidelines Section 15093).
PUBLIC FACILITIES AND $ERVICES
Solid Waste
Environmental Effect
Project - generated solid waste is not expected to increase significantly. However, capacity limitations
at existing county landfills make any increase in solid waste generation a potentially adverse effect.
Any contaminated soils identified within the project area may pose disposal problems.
Finding
Finding 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.
Facts in Support of Finding
The significant effect has been substantially lessened to the extent feasible by virtue of the following
mitigation measures identified in the EIR and incorporated into the project.
82. Recycling programs shall be included in design and development of projects through inclusion of
space for and designation of facilities to support recycling, such as adequate storage areas and
access by coYBction vehicles.
83. Landscaping s incorporate drought- resistant plants that have minimal maintenance require-
ments and generate less yard waste for disposal at county landfills.
84. Project occupants should be encouraged to recycle, at minimum, newspapers, glass bottles,
aluminum and metal cans.
85. If hazardous materials are identified, the project developers shall undertake treatment and /or
disposal consistent with Chapter 30 of the Calif. Code of Regulations (Section 6600 et seq), the
rules and regulations of the State Dept. of Health Services, the County Sanitation Districts and
the SCAQMD including but not limited to any and all permitting and licensing requirements asso-
ciated therewith.
SP 91- 2:Findings and Facts - 14
Finding 3 - Specific economic, social or other considerations make infeasible the mitigation measures
According to recent studies by the L.A. County Sanitation District, the County Dept. of Public Works
and the L.A. City Bureau of Sanitation, by 1992 the amount of trash generated daily in the County
will exceed the County's disposal capacity by 6,000 tons per day. If immediate action is not taken,
the shortfall could increase to 50,000 tons daily by the year 2000. To address the pending shortfall,
the Sanitation Districts of L.A. County in conjunction with the City and County of Los Angeles have
developed a Solid Waste Management Action Plan which is an integrated solid waste management
system for L.A. County. This system incorporates: waste diversion through source reduction and
recycling, expanding existing landfills and developing new landfills in the County. Other long -term
options under consideration include transporting solid waste to remote areas via transfer stations and
using rail to haul it to new disposal sites outside L.A. County.
or project alternatives identified in the EIR.
Facts in Support of Finding
capacity limitations at existing county landfills make any increase in solid waste generation a
potentially adverse effect. Any contaminated soils identified within the project area may pose
disposal problems. These unavoidable adverse impact, however, is considered acceptable when
balanced against facts set forth in the Statement of Overriding Considerations (Guidelines Section
15093).
The project alternatives were rejected for the following reasons:
A. No Project Alternative
Implementing this alternative would achieve none of the objectives the City - initiated
project seeks to attain. These objectives include: encouraging and assisting development
of retail activities with the ultimate purpose of strengthening and diversifying the City's
economic base and increasing the number of employment opportunities in the community;
providing incentives for coordinated development through master plans, reciprocal access
agreements, parking bonuses for joint use.
B. Reduced Scale Alternative
Impacts to traffic and air quality would be largely the same under this alternative, but the
potential for retail - generated sales tax revenue that would benefit the City would be
reduced. The objectives of the project would be only partially fulfilled.
C. Increased Scale Alternative
The additional building floor area that would be allowed under this alternative, would
intone* the proposed project's anticipated effects. This alternative's parking require-
ments, for example, will be higher than the project's and with the added parking demand,
coupled with the increased building coverage, parking could spill over onto neighboring
streets. To address this impact, an on -site parking structure or subterranean garage
might have to be constructed.
In addition to increased parking impacts, this alternative would generate more vehicle trips
per day which, n turn, would commensurately increase vehicle emissions and the area's
noise levels. Specifically, estimates show this alternative generating 38,100 vehicle trips
per day or 10,600 trips above what the project is forecast to generate. Moreover, the
additional traffic would impact the surrounding road network and may require much more
SP 91- 2:Findings and Facts - 15
infaf
rev.2118192
mitigation in the form of improvements to roads and intersection in the vicinity of the
project.
D. Alternate Site Alternative
The proposed specific plan is specifically tailored to complement an adjacent regional
mall — specifically Stonewood Shopping Center. No other such opportunities are available
in Downey. Other malls of this scale throughout the region have already developed such
commercial centers adjacent to them.
Regardless of location, project implementation would result in similar effects to traffic,
air quality, noise, land use, and public services and utilities. Although certain site- specific
environmental constraints might be avoided, probable alternate sites, if they could be
found, would involve similar or new constraints. The project site is relatively free of
environmental constraints, and its retail uses are compatible with and complement
adjacent land uses. In addition, this alternative would not achieve the City's project
objectives.
SP 91- 2:Findings and Facts - 18
EXHIBIT B
STATEMENT OF OVERRIDING CONSIDERATIONS
LAKEWOOD /FIRESTONE SPECIFIC PLAN (SP 91 -2)
The California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City of
Downey's environmental procedures state:
(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. If the benefits of
a proposed project outweigh the unavoidable adverse environmental effects, the
environmental effects may be considered "acceptable ".
(b) Where the decision of the public agency allows the occurrence of significant effects
which are identified in the Final EIR but are not at (east substantially mitigated, the
agency must state in writing the specific 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 finding under Section 15091(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 15093 of State CEQA Guidelines)
The proposed action consists of a specific plan to serve as the zoning and development regulations
for approximately 36.5 acres in the vicinity of Stonewood Shopping Center — specifically, the area
southeast of the intersection of Lakewood Boulevard and Cecilia Street, the four corners of Lakewood
and Firestone Boulevards and adjacent properties, and the south side of Firestone from Lakewood
Boulevard to Woodruff Avenue, north of the railroad. The specific plan would permit construction
of up to 477,000 square feet of building area, to be used primarily for retail commercial uses.
The proposed action may have significant or certain substantial adverse impacts on the environment
that will not be fully mitigated, particularly regarding air quality and disposal of solid waste. The City
of Downey has balanced the benefits of the proposed action against the unavoidable environmental
impacts identified in the Environmental Impact Report (EIR). The benefits and environmental impacts
associated with a range of alternatives as identified in the EIR have also been considered by the City.
The following benefits of the proposed action are found to outweigh and make acceptable the
unavoidable adverse impacts identified in the EIR:
1. Implementation of SP 91 -2 would lead to harmonious and attractive commercial uses
within the 36.5 acre area consistent with City goals and objectives as stated in the
General Plan as adopted in 1973 as well as the proposed 1992 amendment.
2. Development of the area in accordance with the plan could result in significant revenue
and tax gains to the City. This benefit may exceed that of the aggregate produced by
existing development within the specific plan area.
3. Ultimate development of the area according to the proposed plan would provide major
construction, long -term employment, and shopping opportunities for the City of
Downey.
SP 91- 2:Overriding Considerations - 1
4. Properties improved under the provisions of the plan will capitalize on the regional
market of Stonewood Shopping Center, which attracts 77% of its customers from
other cities. This market will benefit the businesses that locate within the specific plan
area and the owners of the properties involved. The specific plan guidelines may help
property owners attract regionally recognized retailers seeking to locate in Downey.
5. Vehicular and pedestrian circulation between parcels within the specific plan area will
improve.
SP 91- 2:Overriding Considerations - 2
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