HomeMy WebLinkAboutResolution No. 5624RESOLUTION NO. 5624
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
FOR SPECIFIC PLAN 92 -1, THE KRIKORIAN PREMIERE THEATRES DEVELOPMENT AGREEMENT,
AND THE KRIKORIAN PREMIERE THEATRES DISPOSITION AND DEVELOPMENT AGREEMENT
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby find, determine, and declare as follows:
A. An Initial Study of Environmental Impact and Negative Declaration have been
prepared for a theater project with Krikorian Premiere Theatres, Inc., for develop-
ment of a 38,000 to 40,000 square foot multi -plex motion picture theater and a
four -level parking structure with at least 355 parking spaces to be available for the
public use without charge (hereinafter "Project ") in accordance with the provisions
of the California Environmental Quality Act (CEQA) and the State CEQA Guide-
lines. The Initial Study and Negative Declaration included consideration of the
specific plan for the area that includes the Project, the Development Agreement
with Krikorian Premiere Theatres, Inc., and the Disposition and Development
Agreement by and between the Community Development Commission of the City
of Downey and Krikorian Premiere Theatres, Inc., a California corporation, dated
November 10, 1992.
B. A duly noticed joint public hearing was held by the Community Development
Commission of the City of Downey and the City Council of the City of Downey,
at which time the Commission and the City Council received evidence on the
proposed Project and the Negative Declaration.
C. Prior to approving the Project, the City Council of the City of Downey considered
the Initial Study of Environmental Impact and the Negative Declaration, together
with any comments received during the public review process.
D. As part of the adoption of the Redevelopment Plan and subsequent amendments,
the City Council and the Community Development Commission of the City of
Downey have approved Environmental impact Reports ( "EIRs ") for the area on
August 8, 1978, July 20, 1987, and July 7, 1991 which addressed the environ-
mental concerns for development of the property within the area within which the
proposed Project is located. Since the preparation and certification of these EIRs,
subsequent changes have not been proposed in the subject project or in the
amendment to the Redevelopment Plan which will require important revisions of
the previous EIRs due to the involvement of new significant environmental impacts
which were not considered in the previous EIRs. Additionally, substantial changes
have not occurred with respect to the circumstances under which the Redevelop-
ment Plan has been undertaken which would require important provisions in the
previous EIRs due to the involvement of significant environmental impacts not
covered in the previous EIRs. Finally, no new information of substantial impor-
tance to the amended area and the EIRs prepared for that amended area has
become available. Moreover, the mitigation measures proposed as part of the EIRs
for the amended Redevelopment Plan have been included, where applicable, in the
Project, and such mitigation measures are feasible and further mitigation measures
Resolution No. 5624
Specific Plan 92 -1 /Krikorian Theatres DA & DDA Negative Declaration
Page 2
ATTEST:
are not required to address concerns raised in the EIRs for the Amended Redevel-
opment Plan. Therefore, pursuant to the provisions of CEQA and, specifically, 14
Cal.Admin. 15162 and 15180, a subsequent Environmental Impact Report for the
subject project is not required and the Initial Study of Environmental Impact and
the Negative Declaration are sufficient to comply with the provisions of CEQA.
E. The City Council of the City of Downey further finds and determines that, as a
result of the Initial Study and any comments received during the public review
process, the Project will not result in any adverse effect, either individually or
cumulatively, on fish and wildlife (as defined by Section 711.2 of the Fish and
Game Code) or their habitat or resources.
SECTION 2. The Negative Declaration for the Project, attached hereto as Exhibit A and
by this reference incorporated herein, is hereby certified and approved and shall be filed with the
County Clerk of the County of Los Angeles.
SECTION 3. The Director of Community Development shall sign and file two copies
of a Certificate of Fee Exception (DFG 753.5 - 1/81) with the County Clerk of the County of Los
Angeles.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF NOVEMBER, 1992
ShP.,66
ith E. McDonnell
ty Clerk
Diane P. Boggs, M ayo
Resolution No. 5624
Specific Plan 92-1/Krikorian Theatres DA & DDA Negative Declaration
Page 3
I HEREBY CERTIFY that the foregoing Resolution was duly and regularly passed and
adopted by the City Council of the City of Downey at a regular meeting thereof held on the 10th day
of November, 1992 by the following vote, to wit:
AYES: 3 COUNCILMEMBERS: Riley, Lawrence, Boggs
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
ABSTAINED: 2 COUNCILMEMBERS: Brazelton, McCaughan
ie
- alit/ al)
udith E. McDonnell
City Clerk
SECTION VII - ENVIRONMENTAL REVIEW
This serves as the City of Down 's Notice of Intention to adopt the following mitigated
ey mitr sled
Negative Declaration for the actions noted below. The City Planning Division will
receive comments on this document from August 19 through September 9, 1992. The
Planning Commission is scheduled to hold public hearings to consider the proposed
specific plan and development agreement on September 16, 1992 at 7:30 p.m. in the
council chambers of Downey City Hall, 11111 Brookshire Avenue, Downey.
CITY OF DOWNEY
INITIAL STUDY OF ENVIRONMENTAL IMPACTS
BACKGROUND
Proponents' Names,
Addresses, Phone #s:
2. Date of Checklist:
3. Name of Proposal &
Application Numbers:
4. Location:
City of Downey
11111 Brookshire Av.
Downey, CA 90241
(310) 904 -7289
August 18, 1992
Krikorian Premiere Theatres, Inc.
Pier Plaza Business Park
119 W. Torrance Blvd., Suite 1
Redondo Beach, CA 90277
(310) 318 -3363
EXHIBIT A
Courthouse Block Specific Plan 92 -1 (SP 92 -1)
Krikorian Theatres Development Agreement (Krikorian DA)
Krikorian Theatres Disposition & Development Agreement (Krikorian DDA)
The 11000 block of La Reina Ave. bounded by La Rein, Third Street,
New Street, and Second Street, including all of Second Street between La
Reins and New, in the City of Downey, Los Angeles County.
LOCATION WITHIN DOWNEY
J
Initial Study/Neptiw Declaration: VII -1
THIRD ST.
1
COURTHOUSE BLOCK
SPECIFIC PLAN AREA (SP 92 -1)
f. The site is a significant distance from the ocean within a developed community and has been previously
improved. Further development would not be capable of eroding or silting natural watercourses.
g. The proposed entertainment - related development will induce more people to visit these parcels, exposing them
to any geologic hazards of the properties. No unusual hazards are known, however, and no identified faults
traverse Downtown Downey. Also, new construction would be built to current earthquake safety standards.
No additional geologic hazards would occur as a result of this development.
2. Air. Will the proposal result in:
a. Substantial air emissions or deterioration of ambient air quality?
b. The creation of objectionable odors?
c. Alteration of air movement, moisture, or temperature, or any change in
climate, either locally or regionally?
a. The new development is not expected to produce air pollutants that would have a significant negative effect on
air quality. The proposed uses will generate an estimated 1,700 vehicle trips daily on weekdays and 4,200 trips
daily on weekends. Most of the air pollutants caused by this project will result from vehicular emissions of
customers' and employees' automobiles. According to currently adopted CEQA implementation guide lines of
the South Coast Air Quality Management District (1987) and State CEQA Guidelines Section 15206, the
proposed development is not a project of statewide, regional or areawide significance, in that it is a commercial
facility that will employ considerably less than 1,000 persons and encompass far fewer than 250,000 square feet
of floor space.
Operation of commercial developments, including theaters, produces three pollutants in which the South Coast
Air Basin, of which Downey is a part, exceeds federal and state ambient air pollution standards: Reactive
Organic Gases (ROG), Oxides of Nitrogen (NO,), and Carbon Monoxide (CO). The 1987 SCAQMD
Handbook for Preparing EIRs advises local governments that projects producing more than 75 lbs /day of ROG,
100 lbs /day of NO., and 550 Ibs/day of CO may significantly affect air quality. The project site was previously
developed with a courthouse of approximately 21,700 square feet. As a government office complex, this use
may have generated (according to formulas in the May 1992 draft SCAQMD CEQA Handbook) approximatelyr"
12.1 lbs /day of ROG, 6.9 lbs /day of NO. and 113 ibs /day of CO. Actual emissions were probably higher
because this facility attracted not only employees but the vehicles of jurors, traffic code violators, and othe .
visitors to the court.
SCAQMD has issued a draft handbook for CEQA project review. Comments and changes are currently being
in..., into this draft, with adoption expected in October 1992. The draft handbook includes formulas
for estimating theater emissions per motion picture screen. This may not, however, be the most appropriate
unit of analysis for this land use. In the proposed project, the seating for each of the ten to twelve anticipated
screens will vary, making it unlikely that each screen will be responsible for an equivalent level of emissions.
Further, the draft handbook's figures are based on the number of trips produced per screen as defined by the
Institute of Transportation Engineers (I1'E). Current ITE publications advise that trip generation figures for
theaters should be used with caution as they are based on a small number of studies. Lacking information about
the location, number of screens, and auditorium sizes of the theaters on which ITE data is based, the draft
estimates in the proposed CEQA guidelines should be considered the roughest of estimates only.
Initial Study/Negative Declaration: VII -3
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Finally, emission reduction requirements established by the California Clean Air Act and Federal air quality
statutes mandate vehicles manufactured in the future to produce fewer pollutants. Thus, because most emissions
from this project are auto - related, total emissions will diminish over time.
b. Development allowed by this specific plan and operation of the theater will not produce objectionable odors.
Vehicles using the parking structure may produce odors, particularly within the structure, but the proposed
facility will be well ventilated, and resulting auto odors should be significantly less than those produced by the
48,500 cars that daily travel Firestone Boulevard, only 400 feet away. Further, tighter emission standards will
likely reduce vehicle - related odors in the future.
c. This development would not be of the scope or magnitude to affect the regional or local climate or air
temperatures.
3. Water. Will the proposal result in:
a. Changes in currents, or the course of direction of water movements, in
either marine or fresh waters?
e. Discharge into surface waters, or in any alteration of surface water quality,
including but not limited to temperature, dissolved oxygen or turbidity?
f. Alterations of the direction or rate of flow of ground waters?
g. Change in the quantity of ground waters, either through direct additions or
withdrawals, or through interception of aquifer by cuts or excavations?
h. Substantial reduction in the amount of water otherwise available for public
water supplies?
i. Exposure of people or property to water - related hazards such as flooding or
tidal waves?
a. No marine or fresh waters are located on this site or neighboring sites.
Initial Study/Negative Declaration: VII-5
I lea Maybe 112
b. Changes in absorption rates, drainage patterns, or the rate and amount of
surface runoff?
c. Alterations to the course or flow of flood waters?
d. Change in the amount of surface water in any water body?
b. This development would increase coverage of this land by impervious surfaces, decreasing absorption rates and
increasing surface runoff. Absorption, drainage, and runoff under the proposed development would not differ
significantly from that of the previous development on the northern portion of the site nor from that of the urban
uses on surrounding blocks. Therefore, runoff volume should be similar to that of the Courthouse Block's
previous development. On -site drainage would be developed to the standards of the Engineering and Building
and Safety Divisions to avoid adverse impact on surrounding streets and properties and on existing drainage
infrastructure. Irrigation systems would be approved by the Design Review Board.
No unique or endangered plant species exist on the site.
New plant species may be introduced to the site, but they will not differ from species used in Downey for
conventional_ landscaping projects.
d. There are no agricultural uses on these or neighboring properties.
S. Animal Life. Will the proposal result in:
a. 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. Reduction of the numbers of any unique, rare or endangered species of ani-
mals?
c. Introduction of new species of animals into an area or result in a barrier to
the migration or movement of animals?
its __. Maybe tia
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d. Deterioration to existing fish or wildlife habitats? — —
a./b. This project would not affect the presence or numbers of any animal species, fish, or game on the site.
Further, no unique or endangered species are known to inhabit Downey.
c. No new species of animals, including fish and game, would be introduced to this site as a result of this project.
The site is part of a built, urban environment and is not part of an animal migration route.
d. No fish or wildlife habitats exist on these or neighboring properties, nor would the proposed development in
Downey's central business district affect fish or wildlife habitats elsewhere.
6. Noise. Will the proposal result in:
a. Increase in existing noise levels?
b. Exposure of people to severe noise levels?
7. Light and Glare. Will the proposal produce new light or glare?
Initial Study/Negative Declaration: VII-7
N Ys� Maxim l�4
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a. Because the proposed project will generate vehicle trips to this site, ambient noise levels may increase. Once
parked, however, these vehicles will not produce noise, and any increase in noise at the site will not likely
exceed that caused by the moving traffic on Firestone Boulevard, one block away. Further, this site has been
part of central Downey since the 1870s and subject to the noise of community businesses that have always
clustered near the site. Because the new development would be similar in character to that which previously
existed on this site (i.e., an urban use attracting multiple vehicles), noise impacts would be less than significant.
b. Theater developments and vehicles attracted to them do not typically produce or expose people to severe or
objectionable noise levels outside of theater auditoriums. Short-term noise and vibration impacts may occur
during construction if pile drivers are used. If used, pile drivers should be vibratory-type, where feasible.
=1
construction, but these can be mitigated with system improvements or application of fire safety requirements
identified by the City's Fire Department during the customary plan checking process. More information about water
is given in Section 3 of this initial study. No additional natural resources are expected to be affected significantly.
The City has planned for commercial uses to exist on this site for many years.
10. Risk of Upset. Will the proposal involve:
a. A risk of an explosion or the release of hazardous substances (including, but
not limited to oil, pesticides, chemicals or radiation) in the event of an acci-
dent or upset conditions? _ _ X
b. Possible interference with an emergency response plan or an emergency
evacuation plan? _ _ X
a. The development is not expected to foster a risk of upset because of the generally non- hazardous nature of the
proposed use. Use of hazardous materials that may be employed by commercial businesses is governed by
Downey Fire Department regulations.
b. The proposed project would not result in an increase in the need for emergency services. The nature and scope
of the land use would not interfere with emergency response or evacuation plans. New development will be
required to comply with all Fire Safety requirements of the Downey Fire Department.
11. Population. Will the proposal alter the location, distribution, density, or
growth rate of the human population of an area?
* Estimated population displaced: 0
* Population Anticipated: 0
No persons reside at this site. Under the Downey Municipal Code and provisions of the proposed specific plan,
residential uses are not permitted in commercial zones. This project will neither remove or produce any housing
units. Therefore, this action will not affect the location, distribution, density, or growth rate of Downey's
population. The jobs created by this project typically pay relatively low wages and are not of the type that would
encourage people to relocate and thereby alter local or regional population density or distribution.
12. Housing. Will the proposal affect existing housing, or create a demand for
additional housing?
* Housing units lost: 0
* Housing units proposed: 0
Initial Study/Negative Declaration: VII-9
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* * X
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No residential units exist on the site, and residences are not permitted under the existing zoning or under the
proposed specific plan. These actions will neither increase nor reduce the area envisioned for housing development
by Downey's existing or proposed general plans. The development would create jobs that may increase housing
demand in the City, but such an increase would not be significant from a project of this type or size.
peak periods is approximately 2.8 persons per vehicle, a relatively high rate of ridesharing. The parking
structure will be open for general public use and will replicate 102 parking spaces that now exist in the
Downtown Parking Assessment District lot on the north side of Second Street. Both the parking study and the
City's observations indicate that the current rate of use of the existing lot is approximately 16 %.
c. The site is one block from Firestone Boulevard, a state highway, and two blocks from Paramount Boulevard,
a major arterial. Both of these arterials are served by regularly scheduled regional bus transportation. Some
of the theaters' patrons will arrive by bus. The majority, however, are expected to arrive by automobile or on
foot. Existing transportation systems will not be significantly affected.
d. The streets surrounding the site are not primary routes for the movement of vehicles, people or goods. The
closure to vehicles of Second Street between La Reina and New will cause vehicles that now use that block to.-.
re -route their trips via Firestone or Third Street. Second Street between New and Downey was vacated for
previous development in 1986, and current passage of vehicles over that portion of Second Street remains a
the pleasure of the neighboring property owners. Were this section closed to through or public traffic in the
future, Second Street circulation would likely change with or without the proposed project. Nor will this
project alter the movement of vehicles, people, or goods along Firestone Boulevard, Paramount Boulevard or
other streets, as peak periods of activity for theaters differs from that of most other uses. One privately -owned
parcel abuts the section of Second proposed for closure to vehicles. This parcel, however, has both vehicular
ingress and egress from Firestone Boulevard and available parking that exceeds that by the City's zoning
regulations for the existing bank development. The proposed development will, however, attract larger numbers
of people to the specific plan area than were attracted previously, and access for wheelchair -bound patrons,
would be hindered by the absence of wheelchair depressions at several of the corners immediately adjacent to
the Courthouse Block. In order to eliminate this barrier, the developer shall be required to install wheelchair
depressions at these corners.
e. No waterborne, rail, or air traffic uses this site.
f. Since these actions will increase traffic at the site, traffic hazards to motor vehicles, bicycles, or pedestrians
could also increase. Development of the Pedestrian Plaza, however, will direct pedestrians and waiting theater
patrons away from streets used by vehicles into a more protected area. Further, the site is served by sidewalks
on all sides. Vehicular and pedestrian hazards, therefore, are expected to be insignificant. Developers of the
Courthouse Block would be required to complete the wheelchair ramp access at all corners of adjacent
intersections. This will reduce the need for wheelchair -bound theater patrons to maneuver in that portion of—,
the roadway used by motor vehicles.
Initial Study/Negative Declaration: VII -11
Utilities
Existing communication, water, sewer, storm drain, natural gas, and solid waste disposal systems and facilities
served the previous development of this site, and impacts from the proposed development are expected to be
insignificant. Several utility easements exist within Second Street between La Reina and New. Portions of the
proposed development may encroach over these easements. Any reconfiguration, redesign, or transference of
ownership of this portion of Second Street shall retain and respect the provisions of these easements. If any portion
of the development must be removed or damaged in order to access and service underlying utility lines, the
developer of the encroaching improvements shalt be responsible for the cost of such temporary alteration and
subsequent restoration of the development.
-- �-
Make /
17. Human Health. Will the proposal result in:
a. Creation of any health hazard or potential health hazard (excluding mental
health)?
b. Exposure of people to potential health hazards?
a./b. This development will not create unique or unusual health hazards or potential health risks. The typically
non - hazardous nature of motion picture theaters, parking structures, pedestrian plazas, and commercial land
in general would not expose people to additional hazards. In fact, separation of vehicles and pedestrians via
the plaza may decrease hazards to human health.
Parking structures, stairwells, and waiting areas must be well - designed to deter and prevent both the
commission and the fear of crimes to persons or property. Parking structures must be well -lit with little
minimal visual obstruction, and should be patrolled and monitored either electronically or with security
personnel or both. Maintenance and cleanliness of the parking structure will also create the image and
perception of a safe, monitored environment, further deterring crime.
18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or
view open to the public, or will the proposal result in the creation-of an aes-
thetically offensive site open to public view?
Initial Study/Negative Declaration: 1/II-13
This site is not within a scenic vista or view corridor. Further, architecture and landscaping of new commercial
development will require Design Review Board approval. The proposed modern structure will improve the
aesthetics of the site.
in 'Maim is2
19. Recreation. Will the proposal result in an impact upon the quantity of existing
recreational opportunities? _
As a multi-plex motion picture theater, the proposed project will increase the quantity of recreational opportunities
in Downey. The pedestrian plaza will offer additional recreational space for which no fee will be charged.
IV. DETERMINATION
On the basis of this Initial Study:
I find that the proposed project COULD NOT have a significant effect on the environment, and
a NEGATIVE DECLARATION will be prepared.
I fmd that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because the mitigation measures described on
an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE
PREPARED.
I find the proposed project MAY have a significant effect on the environment and an ENVI-
RONMENTAL IMPACT REPORT IS REQUIRED.
8/1814 'L
Date William Doebler, AICP
Associate Planner
V. OTHER AGENCIES AND /OR PERSONS CONSULTED:
Parking Demand and Traffic Impact Study for Specific Plan 92 -1 and Krikorian Theatres,
July 23, 1992
Hon Yow, P.E., Transportation Director
Robert Bein, William Frost & Associates
Mark Sellheim, Principal Planner
Joanne Itagaki, Acting Traffic Engineer
Dennis Groat, Fire Marshal
Richard Redmayne, Director of Public Works
Bob Brace, City Engineer
Greg Mayfield, Water /Sanitation Supt.
Downtown Downey Blue Ribbon Committee Report, 1990
Downey Historical Society Archives
Neal Meyer, Dir. of Operations, Krikorian Premiere Theatres
Air Quality Handbook for Preparing EJRs, SCAQMD, 1987
SCAQMD CEQA Implementation Guidelines, 1987
Draft 1992 CEQA Handbook, SCAQMD
Initial Study/Negative Declaration: VII -15
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