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HomeMy WebLinkAboutResolution No. 5645 RESOLUTION NO. 5645 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR CODE AMENDMENT 92 -105 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 a Negative Declaration have been prepared for Code Amendment 92 -105, a Transportation Demand Management Ordinance developed in compliance with the Los Angeles County Congestion Management Program (hereinafter "Project ") in accordance with the provisions of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City of Downey's Revised Environmental Procedures; B. A duly noticed public hearing was held by the Planning Commission of the City of Downey on December 2, 1992, at which time evidence was heard on the pro- posed Project and Negative Declaration. At the conclusion of the hearing, the Planning Commission recommended that the City Council certify the Negative Declaration; C. The City Council held a duly noticed public hearing on February 9, 1993 and considered the Initial Study of Environmental Impact and the Negative Declaration together with any comments received during the public review process and at the hearing; D. Based upon the Initial Study and any comments received in the public review process, there is no substantial evidence that the Project will have a significant adverse effect upon the environment. 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. Resolution No. 5645 Code Amendment 92 -105 Negative Declaration Page 2 I PASSED, APPROVED, AND ADOPTED THIS 9TH DAY OF FEBRUARY, 1993 Al�� _' %� Diane P. Boggs, May/ ATTEST: • i dith E. McDonnell ity Clerk , _ I 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 9th day of February, 1993 by the following vote, to wit: AYES: 5 COUNCILMEMBERS: Riley, Brazelton, Lawrence, McCaughan, Boggs NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 0 COUNCILMEMBERS: None •••••••■■ 4.,/ t_et-ca 4*,V9(,,i.z,6( dith E. McDonnell City Clerk • EXHIBIT A This serves as the City of Downey's Notice of Intention to adopt the following Negative Declara- tion for the actions noted below. The City Planning Division will receive comments on this docu- ment from November 11 through December 2, 1992. The Planning Commission is scheduled to hold public hearings to consider the proposed ordinance on December 2, 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 AND NEGATIVE DECLARATION I. BACKGROUND 1. Proponent's Name, City of Downey Addresses, Phone: 11111 Brookshire Ave. Downey, CA 90241 (310) 904 -7289 2. Date of Checklist: November 11, 1992 3. Name of Proposal & Code Amendment 92 -105 Application Number: Transportation Demand Management (TDM) Ordinance 4. Location: New non - residential development citywide of 25,000 sq.ft. and above 5. Description: An ordinance establishing transportation demand management measures for new non- residential development of 25,000 sq.ft. and above and transit review requirements for projects requiring and Environmental Impact Report. Provisions of this ordinance are intended to satisfy certain local government requirements of the Congestion Management Program of Los Angeles County. The Los Angeles County Transportation Commission is expected to adopt the Congestion Management Program on November 25, 1992. A program Environmental Impact Report was prepared to analyze the effects of overall CMP implementation. Transportation Demand Management measures are but a part of the CMP. The proposed negative declaration is tiered from the CMP EIR and reviews how implementation of the proposed TDM ordinance may impact environmental conditions and resources in the City of Downey. The basic requirements of the ordinance are: 1. For projects requiring an EIR, a Notice of Preparation shall be circulated to all transit operators serving the site. 2. • Non - residential projects of 25,0000 and over shall be required to provide, to the satisfaction of the City: • A bulletin board, display case or kiosk with transportation information such as bus schedules and ridesharing information numbers. • Non - residential projects of 50,0000 and over shall provide: • Everything noted above, plus • Preferential carpool /vanpool parking (min. one space per 50,0000) • Bicycle parking (min. 4 spaces per 50,0000 Initial Study /Negative Declaration — 1 • Non - residential projects of 100,0000 and over shall provide • Everything above, plus • Carpool /Vanpool loading zones • Walkways from external circulation system to main buildings • Bus stop improvements, if required by the City • Safe bike access from the street to bike parking areas. II. ENVIRONMENTAL IMPACTS AND DISCUSSION 1 Yes Maybe No 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? X b. Disruptions, displacements, compaction or overcovering of the soil? X c. Change in topography or ground surface relief features? X d. The destruction, covering or modification of any unique geologic or physi- cal feature? X e. Any increase in wind or water erosion of soils, either on or off the site? X f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river, stream, or bed of the ocean or any bay, inlet or lake? X g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? X a. The proposed ordinance would not create unstable geologic conditions or impact any geologic substructures. The ordinance would require features to be added to developments of 25,000 sq.ft. and above. These features would be small attributes of the overall development and, in most cases, would not involve additional structures or affect geologic conditions. b. Soils would be disrupted or displaced only during new construction of a development. Any grading or movement of earth, however, would be completed as a result of the development project and not as a result of the requirements of this ordinance. The marked parking spaces and walkways required by the ordinance would likely be part of the site design with or without the TDM measures. Because such disruption would occur only for a limited period of time and would be subject to the City's requirements regarding dust suppression, impacts would not be significant. c. /d. Because Downey is largely flat, development of the parking spaces and walkways required by this ordinance would not require changes to most properties' physical features. Few development sites within Downey have geologic or physical features of a unique character. e. The parking spaces, walkways, turnouts, and kiosks that may result from this ordinance may cover some areas with impervious surfaces during. Such features would be small, however, compared to the size of the developments they would serve, and increased ground coverage would not significantly affect wind or water erosion of soils. The ordinance would cause increased erosion. Initial Study /Negative Declaration — 2 f. Downey is a significant distance from the ocean and is almost completely built out. No requirements of this ordinance would be capable of eroding or silting natural watercourses. g. Inducements for people to use particular parking spaces or walkways would expose those persons to any geologic hazards of the underlying property. No identified faults traverse Downey, however, and no unusual hazards are known. Also, new construction would be built to current earthquake safety standards. No additional geologic hazards would occur as a result of this ordinance. 1 Yes Maybe No 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? x b. The creation of objectionable odors? X c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? X a. Adoption and implementation of this ordinance will aid the city's efforts to improve ambient air quality. The purpose of the TDM ordinance is to induce people to rideshare and use alternative means of transportation. Successful implementation of TDM measures will result in reduced emissions of air pollutants, particularly from single- occupant automobiles. Improvements that aid pedestrians, bicyclists, bus riders, carpoolers, and vanpoolers will increase the average vehicle ridership (AVR), which will reduce congestion. b. /c. Improvements and facilities required by this ordinance do not produce objectionable odors, nor would they be of the scope or magnitude to affect the regional or local climate or air temperatures. I Yes Maybe No 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? X b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? X c. Alterations to the course or flow of flood waters? X d. Change in the amount of surface water in any water body? X e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? X f. Alterations of the direction or rate of flow of ground waters? X g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of aquifer by cuts or excavations? X h. Substantial reduction in the amount of water otherwise available for public water supplies? X Initial Study /Negative Declaration — 3 • 1 Yes Maybe No i. Exposure of people or property to water - related hazards such as flooding or tidal waves? X a. The measures required by this ordinance would not affect the currents or course of flow of any marine or fresh waters. b. TDM measures may result in only minimally increased coverage of land by impervious surfaces. Absorption, drainage, and runoff under the proposed ordinance would not differ significantly from that of development constructed without TDM measures. Total runoff volume in Downey will not change significantly. On -site drainage for all projects is developed g p � e oped 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. c. Improvements required by this ordinance would not be of the magnitude to alter the course or flow rate of flood waters. No lakes, continuously flowing rivers, or other bodies of water exist within Downey. d. /e. Runoff from projects affected by this ordinance will not differ significantly from the runoff that would occur if the projects were developed without TDM measures. Individual projects will be subject to their own environmental review and mitigation measures and will be subject to drainage requirements of the Engineering Division. Therefore, this ordinance will that cause runoff that will impact surface water quality, nor would its provisions cause water quality to change. This ordinance will not induce direct discharge into surface waters. f. The type and scale of improvements required by this ordinance would not cause the direction or flow rate of ground waters to change. g. /h. Bus turnouts, information kiosks, preferential parking spaces, bike paths and sidewalks have minimal or no water use requirements. Therefore, this development would not increase demand on existing groundwater supplies and delivery systems. Water available for public use would not be reduced. Improvements required by this ordinance would likely be on or above the surface of the land and would not intercept any subsurface water body for withdrawal or discharge. i. Improvements required by this ordinance may, depending on their location within Downey, be affected by 100 - year storm floodwaters. Such danger, however, will be no greater than the danger of flooding to the entire development within which the TDM improvements are located. The most recent (September 1991) Flood Insurance Study Work Map prepared by the Federal Emergency Management Agency (FEMA) shows that portions of Downey may be flooded in the event of a 100 -year storm. Should a final Flood Insurance Rate Map (FIRM) be adopted prior to issuance of building permits for any project, that development will be required to meet any adopted regulations to floodproof structures and related utilities so that customers and employees are not exposed to 100 -year floodwaters. Projects in Downey will not expose people to tidal wave hazard. I Yes Maybe No 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (in- cluding trees, shrubs, grass, crops, and aquatic plants)? * * X b. Reduction in the numbers of any unique, rare or endangered species of plants? X Initial Study /Negative Declaration — 4 1 Yes Maybe No c. Introduction of new species of plants into an area, or in a barrier to the nor- mal replenishment of existing species? X d. Reduction in acreage of any agricultural crop? X * Will the loss of existing vegetation be adequately compensated for by conventional project landscaping? Yes --- a. TDM improvements will not affect the presence or numbers of plant species within Downey. Preferential parking requirements will not require more land area to be used for parking, but rather will require that certain of the required spaces for any development by striped for use by ridesharers. Therefore the land available for plant life will not be reduced. b. No unique or endangered plant species are known to inhabit Downey. Project -level environmental review will identify any such species or specimens as individual projects are proposed. The site design and location of improvements, including TDM improvements, may be altered accordingly. c. This ordinance will not result in the introduction of new plant species to Downey. d. There are virtually no agricultural uses within Downey. No agriculture- related developments are anticipated within Downey that would be affected by the TDM ordinance. Yes Maybe No 5. 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)? X b. Reduction of the numbers of any unique, rare or endangered species of ani- mals? X c. Introduction of new species of animals into an area or result in a barrier to the migration or movement of animals? X d. Deterioration to existing fish or wildlife habitats? X a. /b. This ordinance would not affect the presence or numbers of any animal species, fish, or game within Downey. Further, no unique or endangered species are known to inhabit the city. c. /d. No new species of animals, including fish and game, would be introduced to Downey as a result of this ordinance. Downey is a built -out, urban community and is not part of an animal migration route. No fish or wildlife habitats exist within the city, nor would the proposed ordinance pertaining to development in Downey affect fish or wildlife habitats elsewhere. Initial Study /Negative Declaration — 5 • I Yes Maybe No 6. Noise. Will the proposal result in: a. Increase in existing noise levels? X b. Exposure of people to severe noise levels? X 7. Light and Glare. Will the proposal produce new light or glare? X Noise a. Because the proposed ordinance may reduce the total number of vehicle trips to locations within Downey, ambient noise levels are not expected to increase. Improvements required by this ordinance are not expected to produce noise. b. Short -term noise and vibration may occur during construction of projects, but most of this noise will be associated with the overall development rather than with the improvements required by this ordinance. The Downey Municipal Code exempts such short-term impacts from the City's noise regulations. Further, the Downey Municipal Code restricts hours of construction. Light and Glare While walkways and information kiosks may be lighted, such light is expected to be a small fraction of that produced by the development projects of which they would be a part. Therefore impacts are not expected to be significant. I Yes Maybe No 8. Land Use. Will the proposal result in: a. Substantial alteration of the present or planned land use of an area? X b. Will the project have a substantial impact on surrounding land uses? * * X * Is the project consistent with the General Plan Land Use designation and zoning requirements? Yes a. The requirements of the TDM ordinance will be minimal changes, such as parking space markings, on larger developments. The developments of which these TDM measures will be a part must be consistent with the provisions of Downey's General Plan. The requirements of this ordinance will not, in themselves, cause the present or planned land use of any area to change significantly. b. The results of this ordinance are not expected to impact land uses surrounding the projects to which they apply. Rather, by decreasing congestion and increasing mobility, this ordinance may improve access to adjacent properties. I Yes Maybe No 9. Natural Resources. Will the proposal result in increase in the rate of use of any natural resources? X • This ordinance places requirements on developments but does not require improvements that will consume significant water, electricity, or other natural resources. Development affected by this ordinance will be on land designated for such use by the City's General Plan. Initial Study /Negative Declaration — 6 1 Yes Maybe No 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. Improvements required by this ordinance are not of a nature that would create a risk of upset. Hazardous materials that may be employed by developments would not likely be used in the areas affected by this ordinance. b. The proposed ordinance would not result in an increased need for emergency services. The nature and scope of the improvements required 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. 1 Yes Maybe No 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? * * X * Estimated population displaced: 0 * Population Anticipated: 0 The TDM ordinance applies to non - residential properties only. Therefore, this action will not affect the location, density, distribution, or growth rate of the population in Downey or in the region. This ordinance will neither cause any housing units to be produced or any existing units to be removed. I Yes Maybe No 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? * * X * Housing units lost: 0 * Housing units proposed: 0 This ordinance affects non - residential properties only. This action will neither increase nor reduce the area envisioned for housing development by Downey's general plan. Improved mobility may make Downey business locations more attractive, but any increase in housing demand that this attractiveness may cause is not expected to be significant. If mobility improves throughout the county because of implementation of TDM measures in every City, the proportional benefit to each city may be roughly equal. 1 Yes Maybe No 13. Transportation /Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? * * X* b. Effects on existing parking facilities, or demand for new parking? X c. Substantial impact upon existing transportation systems? X Initial Study /Negative Declaration — 7 • I Yes Maybe No d. Alterations to present patterns of circulation or movement of people and /or goods? X e. Alterations to waterborne, rail, or air traffic? X f. Increase in traffic hazards to motor vehicles, bicyclists, or pedestrians? X * Anticipated traffic generation: vehicle trip ends daily. a. This ordinance is designed to encourage ridesharing and use of alternative modes of transportation. The proliferation of convenient facilities for ridesharers and general transportation information may result in a potential decrease in vehicle trips. b. Demand for parking is determined largely by land use. Because the TDM ordinance affects the parking provided for any use, it may impact the availability of parking for users of those projects. The intent of the ordinance is to promote alternative transportation methods and to reduce the overall parking demand by providing facilities for people who do not travel in single- occupant automobiles. The restrictions on parking are fairly minimal —for example, only one parking space need be reserved for carpools or vanpools for every 50,000 sq.ft. of floor area. Therefore, the ordinance is not expected to result in a shortage of parking spaces for new developments. Because this ordinance only applies to new non - residential construction, it will not affect parking or parking demand for existing facilities. c. By increasing the availability of information regarding transportation, more people in Downey may use the bus —and after 1994, light rail —for travel. Demand for these services will likely increase. For projects for which an environmental impact report will be prepared, a Notice of Preparation will be circulated to the Los Angeles County Metropolitan Transportation Authority (MTA) —which will operate the bus and light rail systems starting in 1993 —for review and comment on the proposed project's potential impacts to transit facilities and operations. Mitigation measures recommended by the MTA may be incorporated into the final EIR or other conditions of approval for the project to ensure appropriate transit capacity and facilities. Projects for which an EIR will not be prepared will not likely be of a size that will produce large numbers of transit riders —many of these projects will not even be large enough to be subject to the TDM ordinance. Finally, Downey's major arterials are served by bus lines. There are no undeveloped areas of the City where significant development may occur that would likely require creation of new lines. d. The TDM ordinance may alter the ways that people travel to work and other activities. The patterns or routes may not change significantly, but the manner in which people travel may shift, resulting in greater mobility and reduced transit and travel times for everyone. This TDM ordinance does not address truck routing or facilities for commercial vehicles and will not significantly affect the transit patterns or movement of goods— except, perhaps, to reduce transit times. e. Facilities promoting and encouraging use of alternative transportation modes may induce people to ride the Green Line, which will stop in Downey at Lakewood Boulevard near Imperial Highway starting in 1994. The effect of any project on the Green Line, however, cannot be determined this far in advance of the line's opening, when actual ridership of the line and the demand generated by existing facilities in Downey is unknown. When it responds to Notices of Preparation for proposed projects requiring an EIR, the MTA will analyze the potential effects that new projects in Downey may have on the Green Line. No effect to traffic on the Southern Pacific rail line through Downey is expected as a result of this ordinance. Finally, no waterborne or air traffic operates from or within Downey and this ordinance will not affect boats or planes. Initial Study /Negative Declaration — 8 • f. Because this ordinance will require, for large projects, the creation of pathways from the exterior circulation system to every major building in a development, hazards to pedestrians and bicycles may actually decrease. Provision of facilities for bicyclists, however, may result in more cyclists on Downey streets and therefore may increase the possibility of bicycle accidents within the city. Implementation of this ordinance, however, is not expected to create significant hazards for cyclists or pedestrians. 1 Yes Maybe No 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire Protection? X b. Police Protection? X c. Schools? X d. Parks or other recreational facilities? X e. Maintenance of public facilities, including roads? X f. Other governmental services? X a. /b. The improvements required by the proposed ordinance are not expected to create special fire or public safety hazards or require increased fire or police protection. The bulletin boards and kiosks promoting ridesharing may be subject to vandalism and an increase in bicycles may result in a larger number of bicycle thefts within the City. The ordinance contains provisions, however, requiring developers and operators to maintain the facilities required by this ordinance in good condition. Developers installing bike lockers or establishing secure bike storage areas may reduce the chance of bicycle theft. c. Because no new dwelling units will be built as a result of this ordinance and because it will not apply to residential properties, the TDM ordinance will not affect the need for or services of local schools. Further, the ordinance will not reduce the land area available for development of new schools. d. As more people rideshare, they may seek facilities within walking distance of their workplaces to relax during lunch periods. This may increase the number of visitors to Downey's parks and recreational facilities. Such increase, however, is expected to be minimal and insignificant, as only a small fraction of the visitors to any development will likely rideshare and a smaller fraction of these may use park facilities. Downey's parks are not overcrowded during most periods, and many are in residential areas, beyond walking distance of most shopping and employment centers. Therefore, this ordinance will not likely increase the need for park maintenance or services. e. Improvements required by this ordinance will typically be on -site, and their maintenance will be the responsibil- ity of a project's developer or operator. If more people bicycle, however, more maintenance of public streets may be necessary to keep them clear of hazards such as broken pavement or debris. This may be offset by decreased maintenance required on roadways in general because of the decreased motor vehicle traffic as a result of ridesharing. Both the increase in bike ridership and decrease in other vehicles are expected to be minimal, however, and their effects are expected to be insignificant. f. This ordinance will increase the responsibilities of City personnel in reviewing plans and proposals for new development. Plans will have to be checked for adherence to TDM standards as well as adherence to other Initial Study /Negative Declaration — 9 • building and planning requirements. The ordinance will increase the amount of time City staff will need to explain Transportation Demand Management and the reasons for these requirements. It may increase the review, consultation, and negotiation period for new projects. City Staff must add TDM requirements to the items that must be inspected on site before issuance of a Certificate of Occupancy. Reports of non - compliance after a project is in operation would require expenditure of time and resources of the City's Planning and Code Enforcement divisions. Because the requirements of this TDM ordinance are minimal and the number of projects expected in Downey that may be subject to TDM measures is small, this increase in government services is expected to be less than significant. 1 Yes Maybe No 15. Energy. Will the proposal result in a substantial increase in the use of an energy source or require the development of new sources of energy? X 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to existing utilities? X Energy Bulletin boards, kiosks, and bicycle parking areas may be lighted electrically, but such energy use would be negligible. Other provisions of the TDM ordinance would not substantially increase the use of an energy source or require new sources of energy. Utilities Improvements required by this ordinance would not significantly affect existing communication, water, sewer, storm drain, natural gas, or solid waste disposal systems and facilities. 1 Yes Maybe No 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? X b. Exposure of people to potential health hazards? X a. /b. Successful transportation demand management will result not only in increased mobility, but in fewer air emissions. Therefore, this ordinance may have beneficial effects on human health and may help reduce health hazards, rather than increase them. Further, by establishing pedestrian pathways in large develop - ments, the ordinance may decrease the potential for auto /pedestrian accidents. Implementation of this ordinance is not expected to expose people to existing or potential health hazards in Downey. I Yes Maybe No 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? X Few sites within Downey are within a scenic vista or view corridor. Any improvements required by this ordinance are not likely to affect aesthetics. All non - residential new development is subject to review by the City's Design Review Board, which may comment on the design, location, and materials of TDM information displays or parking Initial Study /Negative Declaration — 10 • areas to ensure that those areas are integrated and stylistically consistent with the rest of the development. In the long run, improved air quality may improve visibility of features within Downey and of the San Gabriel Mountains. I Yes Maybe No 19. Recreation. Will the proposal result in an impact upon the quantity of existing recreational opportunities? X As noted above (15d), increased ridesharing may result in greater use of parks near shopping and employment areas, but any such increases are not expected to be significant. 1 Yes Maybe No 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistor- ic or historic archaeological site? X b. Will the proposal result in adverse physical or aesthetic effects to a prehis- toric or historic building, structure, or object? X c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? X d. Will the proposal restrict existing religious or sacred uses within the poten- tial impact area? X a /b /c /d. The EIR for any proposed development project will evaluate that project's effects on historic and prehistoric resources. Improvements required by the TDM ordinance are generally small and may he easily relocated during the planning for any project in order to protect any prehistoric, historic, archeological, cultural, or religious resources. Development of religious facilities exceeding the thresholds within the ordinance would be required to incorporate TDM measures, but these measures affect largely the parking and outside areas and will not encroach upon or restrict the religious or sacred operation of such facilities. III. MANDATORY FINDINGS OF SIGNIFICANCE Yes Maybe No 1. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X 2. Does the project have the potential to achieve short-term, to the disadvantage of long -term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure into the future.) X Initial Study /Negative Declaration — 11 • 1 Yes Maybe No 3. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) X 4. Does the project have environmental effects which will cause substantial ad- verse effects on human beings, either directly or indirectly? X IV. TIERING DETERMINATION 1 Yes Maybe No a. Is the project consistent with a program, plan, policy or ordinance for which an EIR has been prepared and certified? X b. Is this project consistent with applicable local land use plans and zoning of the city and county in which it is located? X c. May this project cause significant effects on the environment that were not examined in the prior EIR? X a. Downey's TDM ordinance is consistent with the EIR prepared for the Los Angeles County Congestion Management Program. That document notes (page 3 of Executive Summary) that "Local jurisdictions may reference the EIR during Transportation Demand Management (TDM) ordinance approval; and as part of environmental review project approval, and EIR certification decisions for regionally significant projects." Final certification of the CMP EIR is expected by the Los Angeles County Transportation Commission on November 25, 1992. This date precedes any date of action on Code Amendment 92 -105 by the City of Downey Planning Commission or City Council. Changes to the CMP EIR that have bearing on the environmental impact or review of local transportation demand management ordinances will be noted in the staff report presented to the Downey City Council on Code Amendment 92 -105 and shall be reflected in the text of the draft ordinance presented at that time. No such changes are expected. b. The proposed TDM ordinance is consistent with the General Plan of the City of Downey. The General Plan's Circulation Chapter, adopted in 1992 specifically calls for the city to "adopt a Transportation Demand Management (TDM) ordinance as required by the Congestion Management Plan" (Policy 2.3.1.4). The ordinance will be an amendment to the Zoning Chapter of the Downey Municipal Code and is consistent with and complementary to other provisions of that Chapter. c. Implementation of the proposed TDM ordinance would not affect the environment in an unusual or significant manner. Implementation of the ordinance in Downey will not cause significant environmental effects that are not discussed in the CMP EIR. Initial Study /Negative Declaration — 12 • V. DETERMINATION On the basis of this Initial Study: _X_ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find 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. __MI=Ste lea �s t o a e Date William Doebler, AICP Associate Planner VI. OTHER AGENCIES AND /OR PERSONS CONSULTED: Los Angeles County Congestion Management Program, Draft Environmental Impact Report, July 1992 CMP for Los Angeles County, Revised Final Draft, September 1992 City of Downey General Plan Mark Sellheim, Principal Planner Joanne Itagaki, Acting Traffic Engineer • Initial Study/Negative Declaration — 13 •