HomeMy WebLinkAboutResolution No. 5730RESOLUTION NO. 5730
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
DENYING THE APPEAL AND APPROVING CONDITIONAL USE PERMIT NO. 93 -30
FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF
WOODRUFF AVENUE AND IMPERIAL HIGHWAY
(COLUMBUS HIGH SCHOOL SITE; SERVICE STATION /CONVENIENCE MARKET)
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
,SECTION 1. The City Council of the City of Downey does hereby find,
determine and declare that:
A. An application was filed with the City Planning Department by the
Downey -Koll Partnership (hereinafter "Applicants ") on behalf of the Downey
Unified School District (hereinafter "Owners ") requesting a conditional use
permit to establish a combination service station and convenience market on
Lot 3 of Tentative Tract Map No. 51717, on property located on the northeast
corner of Woodruff Avenue and Imperial Highway, Downey, California
(hereinafter "Subject Property ").
B. The Planning Commission held duly noticed public hearing on October
6, 1993, and after fully considering all oral and written testimony and facts and
opinions offered at the aforesaid public hearing, adopted Resolution No. 1671
approving this conditional use permit, subject to the attached Exhibit A.
C. On October 21, 1993, Mr. Victor Levi duly filed a timely appeal from the
action of the Planning Commission approving Conditional Use Permit No. 93 -30.
D. The City Council held a duly noticed public hearing on November 9,
1993, concerning this resolution and fully and carefully considered all oral and
written testimony and all facts and opinions offered at the aforesaid public
hearing prior to adopting this resolution.
SECTION 2. Having considered all of the oral and written evidence presented
to it at said public hearings, the City Council further finds, determines and declares that:
A. That the request will not adversely affect the purpose and intent of the Downey
Municipal Code, the City's Comprehensive General Plan, the public convenience
and general welfare of persons residing or working in the neighborhood thereof,
because the proposed project will be developed as an integrated project with
the adjacent shopping center. Further, the subject lot is of sufficient size
(43,124* s.f.) and area to safely accommodate parking, circulation and traffic
movements. Further, the environmental impact report's indicates that mitigation
measures consisting of right turn only entrance and exist from the driveway
located on Imperial Highway and ingress /egress easements between the subject
property and the adjacent shopping center, will further mitigate circulation
impacts.
City Council Resolution No. 5730
Page 2
B. That this requested use will not adversely affect adjoining land uses and the
growth and development of the area, since the proposed use will be developed
as part of an integrated development plan for the entire site, utilizing shared
infrastructure, accessways, lighting, and other infrastructure elements which
can be better coordinated when development occurs as an integrated unit.
Further, the lot is large enough to accommodate the proposed use and its
required parking, while leaving open areas for circulation through the site.
Mitigation measures have also been included for the this parcel and the entire
project site which will benefit this proposed use. Such measures include a right -
turn only entrance /exist for the westerly driveway along Imperial Highway and
a deceleration lane for the main entrance to the shopping center.
C. The size and shape of the site will be adequate to allow full development and
operation of this use in a manner not detrimental to this area. The proposed use
will be developed in a commercial area on a 43,124± square foot lot, which
is almost twice the area required for this type of use. Such an area is useful for
providing expanded circulation and parking areas, thereby improving circulation
to and from the subject property.
D. That the traffic generated by this requested use will not impose an undue
burden upon the streets and highways in the area, since this use is located in
a commercial area and the proposed use is serviced from both Woodruff
Avenue and Imperial Highway. Further, the lot size proposed, as well as the
traffic mitigation measures included as part of the entire development generally,
and this development specifically, will adequately handle traffic entering the site
and movements to and from the proposed development.
E. In taking this action, the Planning Commission has considered the effects of the
decision on the housing needs of the region in which the City is located and
balanced those needs against the public service needs of the City residents and
available fiscal and environmental resources.
SECTION 3. An Initial Study /Notice of Preparation and Draft Environmental Impact
Report (Draft EIR) have been prepared for Conditional Use Permit No. 93 -30 in accordance
with the provisions of the California Environmental Quality Act (CEQA), State CEQA
Guidelines and the City of Downey's Revised Procedures for Implementing CEQA. Prior to
recommending approval of the proposed Conditional Use Permit, the City Council considered
the Initial Study /Notice of Preparation and Draft Environmental Impact Report, submitted
comments received during the environmental document's public review period and responses.
Based on the Initial Study /Notice of Preparation, Environmental Impact Report, submitted
comments, and responses, the City Council finds, determines and declares that although
proposed Conditional Use Permit No. 93 -30 may have unavoidable cumulative adverse effects
on the regional air quality and solid waste disposal, the Commission makes the finding
according to Subsection (c) Public Resources Code Section 21081 that specific economic,
social or other considerations make infeasible the mitigation measures or project alternatives
identified in the EIR. -
City Council Resolution No. 5730
Page 3
SECTION 4 The City Council of the City of Downey hereby adopts, and
incorporates herein by reference as is fully set forth, the following documents attached hereto
as Exhibits (1) Conditions of Approval, attached hereto as Exhibit "A "; (2) statement of
Findings of Fact, attached to as Exhibit "B ", (3) the Statement of Overriding Considerations,
attached hereto as Exhibit "C" and (4) the Mitigation Monitoring Program, attached hereto as
Exhibit "D ".
SECTION 5, Based upon the findings set forth in Sections 1 and 2 of this
Resolution, the City Council of the City of Downey hereby denies the appeal of the subject
conditional use permit and upholds the Planning Commission's approval of Conditional Use
Permit No. 93 -30, subject to the conditions of approval attached hereto as Exhibit A.
AYES:
NOES:
ABSENT:
ABSTAINED: 1
, ECTION 6. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 9th day of November, 1993.
ATTEST: f�,,
. ./ ( 1 /"/ d VOZ--/-e---e-e
udith E. McDonnell
City Clerk
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by
the City Council of the City of Downey at a regular meeting thereof, held on the 9th day of
November, 1993, by the following vote, to wit:
3
0
1
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
S. Brazelton, May
McCaughan, Boggs, Brazelton
None
Riley
Lawrence
udith E. McDonnell, City Clerk
Planning Division
EXHIBIT A
Conditions of Approval
Conditional Use Permit No. 93 -30
Woodruff Square -AM /PM Minimart
1. This approval is for permitting development of a combination service
station /convenience market as shown on the approved ARCO site plan and elevation
exhibit dated June 9, 1993. Deviations or exceptions from said plot plan and elevation
shall not be permitted without the approval of the City Planning Commission.
2. The Planning Commission shall retain jurisdiction to amend or add conditions with a
public notice and a public hearing to assure compatibility with the purpose and intent
of the Comprehensive Zoning Ordinance and to protect the public health safety and
general welfare.
3. This approval shall not be valid unless General Plan Amendment No. 93 -01, Zone
Change No. 93 -29, and Development Agreement No. 93 -32 become effective; and all
conditions of Conditional Use Permit No. 93 -30 shall be completed before this
conditional use permit becomes valid.
4. Signs shown on the applicant's approved site plan dated June 9, 1993 are approved,
however the colored banding shall be considered a part of the architecture of the
proposed building; these signs are described as follows:
Sign A: One (1) 45' x 4':
Sign B: One (1) 5' - 4" x 4'6" :
Sign C: One (1) 13' -6" x 3' -2 ":
Sign D: Two (2) 2' x 2':
AM /PM wall sign
24 -hour sign
Monument price sign
ARCO logo signs on the proposed
spandrels
5. The applicant's shall obtain Design Review Board approval for architecture, color,
materials, landscaping, irrigation and signs prior to the issuance of building permits.
6. Any areas designated as future building pads and left vacant after a Certificate of
Occupancy has been issued shall be landscaped in accordance with the requirements
of the Design Review Board, within thirty (30) days, unless construction has begun.
The thirty (30) day time limit may be extended upon submittal of building plans for the
subject pad, to the Department of Building and Safety.
7. All conditions of Tentative Tract Map No. 51717 shall be a part of this approval and
shall be completed before this conditional use permit becomes valid.
8. Parking lot lighting standards exceeding five (5') in height, shall maintain a minimum
ten (10') foot setback from any property line abutting a street.
9. Separate rest room facilities shall be provided for men and women, and shall be
available during business hours for public use and maintained in a clean and sanitary
condition, at no charge to the public. - -
10. Air for tire inflation, radiator water, and windshield washing materials shall be provided
at no charge to the public.
11. A trash enclosure shall be provided on the site. Trash and discarded or stored objects
of any type shall be stored in an enclosure constructed of solid decorative masonry or
brick not Tess than six (6') feet high with solid roll -up covers (doors).
FINDINGS OF FACT
WOODRUFF SQUARE
CITY OF DOWNEY
PROJECT DESCRIPTION
Implementation of the proposed project would develop the site as retail /shopping, food, lube
and tune, and service station uses. Retail and market uses would be provided in an 83,500
square foot building. Food and restaurant, and lube and tune uses would be housed in 1,500
and 3,614 sf. buildings, respectively. The service station /convenience market, including gas
service bays and sundry use, would be provided on a one -acre pad. The convenience market
would be a one story, 3,245 -sf. building. The canopy and pump islands would be 3,190 sf.
As presently planned, a Super 1 Foods Market would comprise 46,500 sf. of the main
building. Another major tenant space would contain 23,500 sf., while 13,500 sf. would be
used for other inline shops.
ADMINISTRATIVE RECORD
In accordance with State Planning Law, CEQA requirements, and findings set forth below, the
administrative record of the City Council decision on this project consists of the following:
1. The Draft and Final EIR and Technical Appendices for the project.
2. All reports, memoranda, maps, letters and other documents prepared by the applicant,
applicant's consultants, environmental consultant, and the City.
3. All documents submitted by the public and public agencies in connection with the
project.
4. Minutes or verbatim transcripts of all public hearings held in the City.
5. Any documentary or other evidence submitted at public hearings.
PURPOSE OF FINDINGS
Section 15091 of the CEQA Guidelines requires that, for each significant effect identified in
the EIR, the approving agency must issue a written finding reaching one or more of the three
allowable conclusions.
1. Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effect as identified in the
Final EIR.
Exhibit "B"
2. Such changes or alterations are within the responsibility and jurisdiction of another
public agency and not the agency making the finding. Such changes have been
adopted by such other agency or can and should be adopted by such other agency.
3. Specific economic, social or other considerations make infeasible the mitigation or
project alternative identified in the EIR.
For purposes of these findings, the term "avoid" refers to the ability of one or more mitigation
measures to reduce an otherwise significant effect to insianificant levels. The term
"substantially lessen" refers to the ability of such measure or measures to substantially reduce
severity of a significant effect. but not to levels of insignificance.
Although CEQA Guidelines requires that approving agencies merely specify that a particular
significant effect is avoided or substantially lessened, these findings, for purposes of clarity,
shall specify whether the effect in question has been fully mitigated to insignificant levels or
simply lessened substantially.
It should also be noted that for the purposes of these findings, any City department and /or
division is considered the lead public agency.
LAND USE
1. Environmental Effect
Facts
2. Environmental Effect
Finding
Facts
FINDINGS OF FACTS
The Woodruff Square EIR identified the following significant or potentially significant
environmental impacts under the following general topics. Each of the findings and facts
supporting each finding are set forth below.
The project would alter onsite uses from recreational and school parking lot uses to
more urbanized market, retail /shopping, food, lube and tune, and service station uses.
Finding
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
With the recordation of the Development Agreement, the applicant shall ensure that
any proposed development and /or uses are in accordance with the proposed
Development Agreement and those plans and proposals approved by the City Design
Review Board, including site plan, building elevations, landscaping plan, signing,
building materials and colors, etc.
Existing fields, associated softball facilities, trees, P.E. building, and some school
parking spaces would be eliminated. But note that the school would still have
adequate parking.
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
With the recordation of the Development Agreement, the applicant shall ensure that
any proposed development and /or uses are in accordance with the proposed
Development Agreement and those plans and proposals approved by the City Design
Review Board, including site plan, building elevations, landscaping plan, signing,
building materials and colors, etc.
Prior to recordation of final map, the applicant shall negotiate reciprocal ingress /egress
and parking agreements.
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3. Environmental Effect
Finding
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
Fact
4. Environmental Effect
Softball facilities and programs shall be re- established at Warren High School.
Finding
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
Facts
Finding
Project requires approval of a general plan amendment, tentative tract map, two
conditional use permits, variance, site plan and design review, and development
agreement.
Prior to issuing building permits, the applicant shall acquire City approval of the
proposed General Plan Amendment, Zone Change, Tentative Tract Map, Development
Agreement, Conditional Use Permits, Variance, and Site Plan and Design Review.
Prior to issuance of building permit, the applicant shall re- establish the softball field and
accompanying improvements, including lights, bleachers, and fencing to Warren High
School.
Throughout project operations, the applicant shall coordinate with City representatives
to ensure that the same level of softball activities would be enjoyed at Warren High
School.
CIRCULATION AND TRAFFIC
1. Environmental Effect
The actual adjusted increase in traffic resulting with the project would be 8,120 daily
trips; 198 trips during morning peak hours (1 15 in and 83 out) and 571 trips during
afternoon peak hours (289 in and 282 out).
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
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Facts
Facts
Restripe the northbound approach of Woodruff Avenue at Imperial Highway to provide
a left -turn lane, two through lanes, and a right -turn lane. This improvement could be
made within the existing curb -to -curb width.
Provide a right- turn /deceleration lane on westbound Imperial Highway at the main
entrance.
Restrict the western most driveway on Imperial Highway to right -turns only.
The applicant shall comply with Ordinance No. 957 which establishes trip reduction
and travel demand measures for the City.
2. Environmental Effect
The project would have impact on the following intersection during afternoon peak
hours: Imperial Highway at Woodruff Avenue.
Finding
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
Restripe the northbound approach of Woodruff Avenue at Imperial Highway to provide
a left -turn lane, two through lanes, and a right -turn lane. This improvement could be
made within the existing curb -to -curb width.
Provide a right- turn /deceleration lane on westbound Imperial Highway at the main
entrance.
Restrict the western most driveway on Imperial Highway to right -turns only.
The applicant shall comply with Ordinance No. 957 which establishes trip reduction
and travel demand measures for the City.
3. Environmental Effect
The traffic study indicated that a traffic signal is warranted for the Imperial Highway
entrance.
Finding
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
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Facts
Install a traffic signal at the project's main entrance on Imperial Highway. This signal
shall be coordinated with the Imperial Highway/Woodruff Avenue signal by using a
hardwire interconnect system. The signal timing shall be consistent with the City's
time -space diagram for Imperial Highway.
The main entrance shall be aligned with the existing Calvary Church driveway, which
is on the south side of Imperial Highway.
4. Environmental Effect
The project would displace one of two driveways to a Columbus High School parking
and loading area.
Finding
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
Fact
Construct a new driveway on Woodruff Avenue at the south end of the Columbus High
School parking and loading area for school use.
EARTH
1. Environmental Effect
Site soils, if compacted would support building foundations.
Finding
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
Facts
Prior to issuance of grading permit, the applicant shall submit a grading plan subject
to the approval of the City Engineer and Building and Safety Official. All grading
activities shall be carried out under the guidelines set forth in Chapter 70 of the
Uniform Building Code, 1991 Edition.
Building foundations and structures shall conform with the structural requirements of
the Uniform Building Code, recommendations of the Structural Engineers Association
of California, and Downey Building Code.
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2. Environmental Effect
Site erosion would not occur onsite with mitigation.
Finding
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
Facts
HYDROLOGY
Finding
Facts
Site soils shall be compacted in accordance with City specifications in order to support
the foundations of proposed buildings.
Prior to issuance of grading permit, the applicant shall prepare an erosion control plan.
The plan shall identify measures and City requirements to control erosion.
Throughout construction, the contractor shall comply with appropriate provisions of
the City Building Code to reduce the potential for site erosion.
To reduce erosion impacts the applicant shall ensure the following:
Use of onsite sandbagging and temporary debris basins during construction.
All erosion controls shall be in place during any five -day storm forecast during
the rainy season of October to April.
All concentrated surface water entering the project site from offsite sources
shall be collected and directed to a permanent drainage system.
Environmental Effect
1. The project would replace the site with impermeable surfaces. Consequently,
absorption rates and groundwater recharge would decline, surface runoff water quality
would be affected, and runoff velocity could increase. Given the size and flat
topography of the site and urbanized condition of the City, though, impacts are not
considered significant.
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
Operators of the gas station and lube and tune shall comply with applicable
requirements of the City Building and Safety Division, City Fire Department, County
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Facts
Waste Management Division, County Hydrology Division, County Department of Health
Services (Public Health Investigation), State Department of Health Services (Toxic
Substances Control Program), State Regional Water Quality Control Board (Los Angeles
Region).
Prior to issuance of grading permit, the applicant shall obtain a NPDES permit from the
California Regional Water Quality Control Board. The permit shall include a list of Best
Management Practices regulating construction activities as they relate to pollution
control. All stormwater discharge shall conform to standards of the NPDES.
The project shall require conformance with the prohibitions of the Los Angeles Water
Quality Control Board and through the City's resource management procedures, assure
that water quality and its supporting processes are taken into account.
2. Environmental Effect
The proposed gas station and lube and tune would not affect groundwater and surface
water quality with mitigation.
Finding
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
Operators of the gas station and lube and tune shall comply with applicable
requirements of the City Building and Safety Division, City Fire Department, County
Waste Management Division, County Hydrology Division, County Department of Health
Services (Public Health Investigation), State Department of Health Services (Toxic
Substances Control Program), State Regional Water Quality Control Board (Los Angeles
Region).
Prior to issuance of grading permit, the applicant shall obtain a NPDES permit from the
California Regional Water Quality Control Board. The permit shall include a list of Best
Management Practices regulating construction activities as they relate to pollution
control. All stormwater discharge shall conform to standards of the NPDES.
The project shall require conformance with the prohibitions of the Los Angeles Water
Quality Control Board and through the City's resource management procedures, assure
that water quality and its supporting processes are taken into account.
3. Environmental Effect
Peak runoff for the project would be 26.1 cubic feet per second. Existing storm
facilities are capable of handling project flows during the 10 -year storm. A detention
basin is recommended to further accommodate project flows.
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Finding
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
Facts
An engineered detention basin shall be constructed to provide temporary onsite holding
capacities of excess storm runoff. Associated with the detention basin, a connector
pipe to the catch basin shall be sized to restrict flows.
Prior to recording of final map, a detailed drainage plan shall be prepared to further
evaluate onsite flow patterns and methods of dispersing storm runoff. Rows from
Columbus High School to Woodruff Avenue shall be further evaluated and quantified
relative to site topography. All southbound surface flows shall be directed either along
the project site's northern boundary in the westerly direction to Woodruff Avenue or
accepted underground or piped to the recommended detention basin.
All proposed building shall be elevated to a minimum of one foot above the 50 -year
flood level. Specific attention shall be directed to the proposed lube and tune structure
to ensure its safety from effects of ponded water.
Storm drain improvements shall be consistent with the City master plans of storm
drainage and requirements for storm drain facilities. Design specifications shall be
coordinated with the City Department of Public Works and any upgading of existing
facilities reviewed and undertaken within these guidelines.
Prior to recordation of the final map, the applicant shall submit grading and hydrology
plans to both the City Engineering Division and L.A. County Department of Public
Works for their approval. Any flows not permitted to drain to the storm drain on
Woodruff Avenue shall be retained on the site. The applicant shall obtain a connection
permit from L.A. County Department of Public Works.
AIR QUALITY
1. Environmental Effect
Construction activities and equipment would not result in significant emissions.
Finding
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
Facts
The contractor, throughout construction activities, shall:
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* Comply with Rules 401 - 403 of the SCAQMD to reduce onsite dust levels.
* Periodically apply water and dust superannuates to graded areas.
* Utilize non - potable water for dust control.
* Cover any hauling fill.
* Stabilize disturbed areas if construction is delayed.
* Terminate soil disturbance when high winds (greater than 25 miles per hour)
occur. The velocity of these winds make dust control extremely difficult.
* Ensure that all construction equipment shall be maintained in proper working
order.
* Wash vehicles entering public roadways to reduce dust levels.
* Require 90 -day low NOx tune -ups for off -road equipment.
* Limit allowable idling to 10 minutes.
* Park construction vehicles off traveled roadways.
* Wash or sweep access points daily.
* Sandbag construction areas for erosion control as needed.
* Receive materials during non -peak traffic hours.
Prior to issuance of grading permit, the applicant shall prepare a construction
management plan, subject to approval by the City Engineer and Building and Safety
Official. At a minimum, the plan shall include the following measures.
2. Environmental Effect
Explain how the aforementioned measures would be implemented.
Identify how construction traffic would be routed through areas of least impact
sensitivity.
Vehicular (mobile source) emission and microscale impacts are negligible. CO levels
disturbance on neighboring apartments and Columbus High School are negligible with
mitigation. Secondary (stationary source) impacts resulting from electrical and gas
consumption would be insignificant.
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Finding
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
Facts
All employers of 100 employees or more shall submit a trip reduction plan, in
accordance with SCAQMD Regulation XV, to the air district.
The applicant, prior to issuance of certificate of occupancy, shall install energy -
conserving appliances and implement Title 24 (California Administrative Code)
requirements to reduce secondary (stationary source) impacts.
3. Environmental Effect
Finding
Hydrocarbons from fuel spillage or evaporation at the service station and solvents used
to clean grease at the lube and tune would not have impacts with mitigation.
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
Facts
Prior to issuance of building permit for the service station, the applicant shall acquire
a permit from the SCAQMD which specifies the degree of vapor control required for
gasoline storage and dispensing.
Throughout operation of the service station, the applicant shall comply with AQMD air
toxic control programs, such as Rule 461, in accordance with AB 2588 and AB 1817
to control benzene and carcinogens in gasoline.
4. Environmental Effect
Finding
The proposed project with other cumulative projects would contribute a small pollution
increment to the overall regional air basin, which is characterized by degraded air
quality. As such, the proposed project would have a small, but cumulative air quality
impact.
Changes or alterations have been required in and incorporated into the project which
substantially lessen the above significant effect. Enforcement of the mitigation measures
would partially reduce impact; however, cumulative air impact is considered unavoidable after
mitigation.
Facts
Those aforementioned facts relating to air quality are incorporated in this section.
NOISE
1. Environmental Effect
Finding
Facts
Noise resulting from construction activities and equipment are not expected with
mitigation.
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
Prior to issuance of grading permit, the applicant shall prepare a construction
management plan, subject to approval by the City Engineer and Building and Safety
Official. At a minimum, the plan shall include the following measures:
" Limit construction activities to those hours and days stipulated in the Downey
Noise Ordinance, Section 4606 of the City Municipal Code.
" Specify construction access routing to minimize construction truck traffic along
residential and /or other noise sensitive roadways.
Ensure that construction equipment is properly tuned and maintained to keep
noise at the lowest possible level.
The contractor, throughout construction activities, shall place construction equipment
in strategic locations to mask and screen construction noise away from the apartments
to the east and west, and schools to the north and south.
The applicant shall install the proposed 8 -foot block wall along the north face, prior to
project construction.
2. Environmental Effect
Construction trucks traveling on City roadways would not create noise disturbances
with mitigation.
Finding
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
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Facts
Finding
Facts
Prior to issuance of grading permit, the applicant shall prepare a construction
management plan, subject to approval by the City Engineer and Building and Safety
Official. At a minimum, the plan shall include the following measures:
Limit construction activities to those hours and days stipulated in the Downey
Noise Ordinance, Section 4606 of the City Municipal Code.
Specify construction access routing to minimize construction truck traffic along
residential and /or other noise sensitive roadways.
• Ensure that construction equipment is properly tuned and maintained to keep
noise at the lowest possible level.
The contractor, throughout construction activities, shall place construction equipment
in strategic locations to mask and screen construction noise away from the apartments
to the east and west, and schools to the north and south.
The applicant shall install the proposed 8 -foot block wall along the north face, prior to
project construction.
3. Environmental Effect
Noise levels along study roadways and intersections would not be significantly
increased by the project. Noise contours prepared for the project indicate that the
apartments to the east encroach into the 65 db contour and would be impacted by
noise generated by the project and future ambient noise from future traffic, which
would occur regardless of the project. It should be noted however, that noise
generated specifically by the project alone would not impact the apartments nor any
other neighboring receptor and would meet acceptable noise level standards. Proposed
commercial activities and operations would not generate noise disturbances to
Columbus High School.
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
Prior to issuance of certificate of occupancy, the applicant shall include the following
in the project's lease agreements:
• No delivery truck traffic shall occur from 10:00 PM to 7:00 AM.
• No truck /trailer shall be parked onsite with any mechanical equipment such as
refrigerator /freezer units running during the time from 10:00 PM to 7:00 AM.
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* Refuse or recycling trucks shall not collect waste materials during those times
when operation of trash compactors are prohibited.
* Parking lot sweeping shall not occur from 10:00 PM to 7:00 AM.
LIGHT AND GLARE
1. Environmental Effect
Light and glare from building lights, signs, parking lot, and vehicle headlights would not
disturb sensitive receptors (apartments to the east and west) with mitigation.
Finding
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
Facts
* Trash compactors shall not be operated between the hours from 10:00 PM to
7:00 AM from Monday through Friday; 10:00 PM to 8:00 AM on Saturdays,
and 10:00 PM to 9:00 AM on Sundays and holidays.
The lighting of signs shall be in conformance with Section 9148.18 of the Downey
Zoning Ordinance.
All outdoor lighting for walkways, off - street parking areas, security, and driveways at
the Woodruff Square site and lights to illuminate fields at Warren High School shall be
provided in accordance with Section 9152.18 of the Downey Zoning Ordinance,
subject to approval by the City Planner and Traffic Engineer. The section requires that
exterior light fixtures, including parking lot and field lights be either shielded or directed
away from neighboring properties and streets. Exposed bulbs shall not be permitted.
All new installation fixtures shall have glare control shields.
Onsite perimeter landscaping and trees as shown in the Conceptual Landscape Plan for
the project shall be provided.
Prior to submitting working drawings to the City for approval, the Design Review Board
shall approve building elevations and materials to ensure that proposed buildings would
not produce excessive glare.
The type and location of lighting standards and the intensity of lighting shall be
approved by the Traffic Engineer and the City Planner.
Prior to issuance of building permit, the project's lighting plan shall be approved by the
City Planner and Traffic Engineer to ensure they conform with the provisions of
Municipal Code Section 9152.18.
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The City Fire Department indicated that the project would not necessitate additional
resources. Department reviewed project plans and indicated that fire access is
acceptable. Project meets minimum fire lane width and provides access to all
buildings. Project must provide adequate fire flows and improvements.
PUBLIC SERVICES AND UTILITIES
Fire Protection
1. Environmental Effect
Finding
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
Facts
Prior to issuance of certificate of occupancy, the applicant shall acquire Fire
Department approval for the following:
Police Protection
Working and construction drawings. The department shall ensure that the
project conforms to all applicable fire safety standards and provides needed
improvements (fire hydrants) at appropriate locations. All improvements, such
as water mains, fire hydrants, etc. shall be constructed in accordance with
appropriate sections of the City Fire Code.
Adequate fire flows are provided. As required by the Fire Department, the
applicant shall provide an onsite loop. Prior to any combustible materials being
allowed on the site, the required fire flow must be provided on the project site.
Adequate fire access are provided.
Prior to issuance of certificate of occupancy, all access roads shall be posted as "fire
lanes ".
Prior to issuance of building permit, the applicant shall demonstrate on all appropriate
building plans that the project shall install fire sprinklers in buildings that are greater
than 10,000 sf. and fire alarm systems in building greater than 5,000 sf.
1. Environmental Effect
The City Police Department indicated that the project would not pose significant
security problems and sufficient law enforcement could be provided.
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Finding
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
ftcls
Finding
Facts
Water
Prior to issuance of building permit, adequate emergency access and vehicular
circulation throughout and around the project shall be provided to the satisfaction of
the City of Downey Police Department.
Prior to issuance of building permit, adequate exterior lighting to enhance crime
prevention and law enforcement efforts shall be provided to the satisfaction of the City
Police Department.
- Prior to issuance of certificate of occupancy, proper address signs for easy
identification of locations during emergencies shall be provided.
The applicant shall make the center's security office available to the Police
Department.
The applicant shall contract with a private security firm if feasible to patrol the
shopping center's stores and businesses.
Schools
1. Environmental Effect
Since 1980, the district has experienced an increase in student enrollment of between
1/2 and 3 percent for grades Kindergarten through twelfth.
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
Prior to issuance of building permit, the applicant shall pay required school fees.
1. Environmental Effect
The project would require about 11,018 gpd of water. The City's Water Division
indicated that the project would not have a significant impact on services.
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Finding
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
Facts
Prior to issuance of building permit, the applicant shall meet with the Water Division
and Fire Department to discuss provision of the required onsite loop system.
The onsite loop system shall be a part of the private water system and would not be
maintained by the City. The onsite loop system shall require appropriate backflow
devices.
Prior to any combustible materials being allowed on the site, the required fire flow
must be provided on the project site.
Sewer
All water meters shall be in the public right -of -way, along the frontage of Imperial
Highway and /or Woodruff Avenue.
All improvements shall be constructed to meet City Water Division standards. All
easements shall be granted to the City for maintenance. Plans for water improvements
shall be prepared by a registered professional engineer and shall be subject to the
approval of the City Water Division.
Prior to issuance of certificate of occupancy, the applicant shall implement the
following water conservation measures:
* Install automatic systems which restrict landscape watering to early morning
and evening hours, in order to reduce evaporation.
1. Environmental Effect
Provide drought resistant vegetation for landscaping to reduce water
consumption from irrigation.
The project would increase sewage flows received and treated at existing sewage
facilities, about 31,850 gpd of flows.
Finding
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
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Facts
Prior to issuance of building permit, the applicant shall meet with County Sanitation
District No. 2 to discuss capacity availability.
Prior to issuance of certificate of occupancy, the applicant shall construct required
sewer improvements, including sewer connection hookups. All improvements shall be
constructed to meet County Sanitation District No. 2 and City standards, and
requirements of Downey Municipal Code Section 7224. All easements shall be granted
to the City for maintenance. Plans for sewer improvements shall be prepared by a
registered professional engineer and shall be subject to the approval of the City
Engineer.
Prior to issuance of certificate of occupancy, the applicant shall acquire a Trunk Sewer
Connection Permit from County Sanitation District No. 2.
Prior to issuance of building permit, the applicant shall pay required connection fees
to County Sanitation District No. 2.
Storm Drainage
1. Environmental Effect
Finding
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
Facts
Solid Waste
The existing offsite drainage system, including the 48 -inch pipe and inlets along
Woodruff Avenue could not handle projected peak flows of 26.1 cfs. for the 50 -year
storm.
Prior to issuance of building permit, the applicant shall pay required connection fees
to the Los Angeles County Department of Public Works.
1. Environmental Effect
The project would increase demands for solid waste disposal; about 3,885 pounds or
2 tons of waste per day.
Finding
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
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Facts
Prior to issuance of building permit, the applicant shall meet with the City Engineering
Division to discuss how the project would comply with the provisions and requirements
of the City's Source Reduction and Recycling Element and County's Integrated Solid
Waste Management Plan. The applicant shall comply with County, City and SRRE
requirements to ensure that waste generated by the project would be controlled,
thereby alleviating potential burden on existing landfills. At a minimum, the applicant
shall:
Locate recycling facilities within trash receptacle enclosures.
Provide landscaping that incorporates drought resistant plant materials. These
materials require minimal maintenance and generate Tess yard waste for
disposal.
2. Environmental Effect
The project and other cumulative projects could create cumulative burden on landfills.
Finding
Changes or alterations have been required in and incorporated into the project which
substantially lessen the above significant effect. Enforcement of the mitigation measures
would partially reduce impact; however, cumulative solid waste impact is considered
unavoidable after mitigation.
Facts
Those aforementioned facts relating to solid waste quality are incorporated in this section.
Telephone
1. Environmental Effect
GTE would install and provide service to the project.
Finding
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
Facts
Prior to issuance of building permit, the applicant shall acquire a "will serve" letter from
and pay required fees to GTE.
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Natural Gas
1. Environmental Effect
SCG indicated that the project is reasonable and acceptable and could be served from
existing mains.
Finding
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
Facts
Prior to issuance of building permit, the applicant shall acquire a "will serve" letter from
and pay required fees to SCG.
Prior to issuance of building permit, the applicant shall demonstrate on all building
plans that the project is in compliance with Title 24 of the California Code of
Regulations. Title 24 requires inclusion of energy conservation features into building
design and construction of the following:
incorporate into new buildings a set of specific energy- conserving design
features.
use non - depletable energy resources.
* demonstration that buildings would not consume more energy that necessary.
Prior to issuance of building permit, the applicant shall demonstrate on all building
plans that the project is in compliance with the following SCG conditions:
No change of grade without prior written approval by SCG.
No permanent structures within SCG easements are permitted, such as
buildings, concrete pads, block walls, etc.
No planting of trees or deep rooted plants without written approval by SCG.
No poles, signs, or fence posts to be installed without written approval by SCG.
* Ingress and egress rights to and from gas pipelines must be maintained.
Prior to issuance of building permit, the applicant shall incorporate the following
conservation elements into the project's final designs and landscaping plans:
Install thermal insulation in walls and ceilings which meet State and City
Building and Safety standards.
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Electricity
1 . Environmental Effect
Finding
Changes or alterations have been required in and incorporated into the project which avoid the
above significant effect.
Facts
" Provide solar heating and efficient heating - cooling systems.
SCE indicated that any increase in electrical loads would be within the parameters of
the projected load growth for the SCE service area.
Prior to issuance of building permit, the applicant shall meet with SCE to discuss and
implement energy conservation design methods and programs. Examples of methods
and programs are discussed in this EIR. The applicant shall incorporate applicable and
appropriate design and landscaping methods to ensure that energy is conserved to the
greatest extent.
Prior to issuance of building permit, the applicant shall acquire a "will serve" letter from
and pay required fees to SCE.
The Planning Commission has reviewed and considered all alternatives described in the Final
EIR. The nature and extent of impacts associated with implementation of each alternative
were considered in determining the "environmentally superior" alternative and are discussed
as follows.
No- Proiect Alternative
Under this alternative, existing onsite uses would be continued indefinitely and no new uses
would be established. Consequently, those impacts resulting with the proposed project would
not occur with this alternative, particularly impacts associated with land use, transportation
and circulation, earth, hydrology, air quality, noise, aesthetics, light and glare, and public
services and utilities.
It should be noted, however, that this alternative would not strengthen the economic vitality
of the City or expand the City's economic base, or provide local employment opportunities.
Reduced Commercial Intensity Alternative
Under this alternative, the project area would be developed with commercial uses, but at an
intensity less than what is currently being considered with the proposed project. The service
station /convenience market, lube and tune, and restaurant proposed with the proposed project
would be eliminated. A 5,000 sf. bank would replace the service station /convenience market.
Similar type of commercial activities would be provided with this alternative; additionally, the
entire site would also be developed. Consequently, those impacts resulting with the proposed
project would also probably occur with this alternative, particularly impacts associated with
land use, transportation and circulation, earth, hydrology, air quality, noise, aesthetics, light
and glare, and public services and utilities.
Given that a lesser intense development would occur with this alternative, it is expected that
some impacts would, likewise, result at a lesser degree and /or magnitude. In general,
however, this alternative would continue to create similar types and degrees of environmental
impacts as with the proposed project. This alternative, therefore, can not be considered
environmentally superior to the proposed project.
Increased Commercial Intensity Alternative
ALTERNATIVES
Under this alternative, the project area would be developed with commercial uses, but at an
intensity greater than what is currently being considered with the proposed project. The
service station /convenience market, lube and tune, and restaurant proposed with the proposed
project would be eliminated. The main building would be increased in size by 80 percent.
Similar type of commercial activities would be provided with this alternative; additionally, the
entire site would also be developed. Consequently, those impacts resulting with the proposed
project would also probably occur with this alternative, particularly impacts associated with
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land use, transportation and circulation, earth, hydrology, air quality, noise, aesthetics, light
and glare, and public services and utilities.
Given that a more intense development would occur with this alternative, it is expected that
impacts would, likewise, result at a greater degree and /or magnitude. In general, this
alternative would continue to create similar types of environmental impacts as with the
proposed project, but at a greater degree. This alternative, therefore, can not be considered
environmentally superior to the proposed project.
Conclusion
The nature and extent of impacts associated with implementation of each alternative were
considered in determining the "environmentally superior" alternative. It was determined that
the Reduced and Increased Commercial Intensity Alternatives would result in generally similar
types and degree of environmental impacts as with the proposed project. Only the No- Project
Alternative would eliminate most impacts. This alternative, however, would not strengthen
the economic vitality of the City or expand the City's economic base, or provide local
employment opportunities.
It should be noted, that most significant impacts of the proposed project would be reduced
to less than significant levels with implementation of mitigation measures. Only cumulative
impacts associated with air quality and solid waste disposal are considered significant even
after mitigation.
A Statement of Overriding Considerations was prepared to balance benefits of the proposed
project against these unavoidable environmental impacts in determining whether to approve
the project. The Planning Commission finds that these significant effects on the environment
are adequately offset and acceptable within the meaning of Sections 15092 and 15093 of the
CEQA Guidelines. Based on the extensive environmental analysis conducted for the proposed
project and alternatives described in this section, the proposed project provides a reasonable
use of the subject property.
29:findings.fct
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29:wtrmt.ovr
STATEMENT OF OVERRIDING CONSIDERATIONS
WOODRUFF SQUARE
CITY OF DOWNEY
Exhibit "C"
The Final EIR concludes and the City Council of the City of Downey finds that certain
significant environmental effects of the project are unavoidable even after incorporation of all
feasible mitigation measures. Specifically, the proposed project would result in significant
cumulative effects relating to air quality and solid waste disposal. For such significant effects,
the City Council has balanced the benefits of the proposed project against these unavoidable
environmental impacts in determining whether to approve the project. The City Council finds
that these significant effects on the environment are acceptable within the meaning of
Sections 15092 and 15093 of the CEQA Guidelines. Any alternatives with less significant
environmental impacts are not preferable, due to the following overriding considerations.
1. The project encourages development of commercial uses on underutilized parcels in a
manner which strengthen the economic vitality of the City.
2. The project expands the City's economic base by increasing sales tax revenue and
provides local employment opportunities.
3. The project provides a project which meets the commercial needs of the City and its
residents.
4. The project provides adequate access and internal circulation to accommodate future
commercial development.
5. The project preserves important environmental features and resources to the greatest
extent feasible.
6. The project creates a high quality development compatible with and harmonious with
surrounding uses and activities.
7. The project would be serviced by sufficient levels of public services and utilities.
8. The project complies with appropriate City development policies and standards.
Any of the foregoing specific economic, social, and other considerations constitute benefits
of the Woodruff Square project which are sufficient to outweigh public costs associated with
the unavoidable cumulative impacts of the proposed project.
MITIGATION MONITORING PROGRAM
WOODRUFF SQUARE
CITY OF DOWNEY
Exhibit "D"
Effective January 1, 1989, the California Environmental Quality Act was amended to add
Section 21081.6, implementing Assembly Bill (AB) 3180. As part of CEQA environmental
review procedures, AB 3180 requires a public agency to adopt a monitoring and reporting
program for assessing and ensuring efficiency of any required mitigation measures applied to
proposed developments. As stated in Section 21081.6 of the Public Resources Code:
"...the public agency shall adopt a reporting or monitoring program for the changes to
the project which it has adopted, or made a condition of project approval, in order to
mitigate or avoid significant effects on the environment."
AB 3180 provides general guidelines for implementing monitoring and reporting programs.
Specific reporting and /or monitoring requirements, to be enforced during project
implementation, shall be defined prior to final approval of the project proposal by the
responsible decision maker. In response to established CEQA requirements and those of AB
3180 (Public Resources Code Section 21000 et seq.), the proposed mitigation monitoring
program shall be submitted for consideration prior to completion of the environmental review
process to enable the decision maker's appropriate response to proposals. The mitigation
monitoring program must be provided as part of the Final EIR.
The mitigation monitoring program is presented in this section. Each recommended mitigation
measure is listed and categorized by impact topic, with an accompanying discussion of:
'� The party responsible for implementation of mitigation measure.
The phase of the project during which the measure should be monitored.
The method of verifying compliance with mitigation measure.
The agency responsible for monitoring compliance with mitigation measure.
LAND USE
1. With the recordation of the Development Agreement, the applicant shall ensure that
any proposed development and /or uses are in accordance with the proposed
Development Agreement and those plans and proposals approved by the City Design
Review Board, including site plan, building elevations, landscaping plan, signing,
building materials and colors, etc.
- Responsible for Implementation: Applicant
Monitoring Phase: With the recordation of
Development Agreement
Method of Monitoring:
Monitoring Agency:
Responsible for Implementation: Applicant
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Review of Development Agreement
and plans
City Planning
2. Prior to recordation of final map, the applicant shall negotiate reciprocal ingress /egress
and parking agreements.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to recordation of final map
Method of Monitoring: Review and Approval of the Final
Map
Monitoring Agency: City Planning /City Engineering
3. Prior to issuing building permits, the applicant shall acquire City approval of the
proposed General Plan Amendment, Zone Change, Tentative Tract Map, Development
Agreement, Conditional Use Permits, Variance, and Site Plan and Design Review.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuing building permits
Method of Monitoring: Verify approvals
Monitoring Agency: City Planning
4. Prior to issuance of building permit, the applicant shall re- establish the softball field and
accompanying improvements, including lights, bleachers, and fencing to Warren High
School.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of building permit
Method of Monitoring: Site inspection
Monitoring Agency: Community Services /City Planning
5. Throughout project operations, the applicant shall coordinate with City representatives
to ensure that the same level of softball activities would be enjoyed at Warren High
School.
Monitoring Phase:
Method of Monitoring:
Monitoring Agency:
CIRCULATION AND TRAFFIC
Responsible for Implementation: Applicant
Responsible for Implementation: Applicant
Monitoring Phase:
Method of Monitoring:
Monitoring Agency:
Responsible for Implementation: Applicant
Monitoring Phase:
Method of Monitoring:
Monitoring Agency:
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Throughout project operations
Verify that coordination occurred
Community Services/ Planning
Division
6. Restripe the northbound approach of Woodruff Avenue at Imperial Highway to provide
a left -turn lane, two through lanes, and a right -turn lane. This improvement could be
made within the existing curb -to -curb width.
Monitoring Phase: Prior to issuance of certificate of
occupancy
Method of Monitoring: Approve striping plan /site inspection
Monitoring Agency: City Engineering
7. Provide a right- turn /deceleration lane on westbound Imperial Highway at the main
entrance.
Prior to issuance of certificate of
occupancy
Approve Improvement Plan /Site
inspection
City Engineering
8. Restrict the western most driveway on Imperial Highway to right -turns only.
Prior to issuance of certificate of
occupancy
Approve Improvement Plan/ Site
inspection
City Engineering
9. The applicant shall comply with Ordinance No. 957 which establishes trip reduction
and travel demand measures for the City.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of Certificate of
Occupancy
Method of Monitoring: Site inspection
Monitoring Agency: City Planning
10. Install a traffic signal at the project's main entrance on Imperial Highway. This signal
shall be coordinated with the Imperial Highway/Woodruff Avenue signal by using a
hardwire interconnect system. The signal timing shall be consistent with the City's
time -space diagram for Imperial Highway.
Responsible for Implementation: Applicant
Monitoring Phase:
Method of Monitoring:
Monitoring Agency:
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Prior to issuance of certificate of
occupancy
Approve Traffic Signal Plan /Site
inspection
City Engineering
11. The main entrance shall be aligned with the existing Calvary Church driveway, which
is on the south side of Imperial Highway.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to Certificate of Occupancy
Method of Monitoring: Approve grading and improvement
plans to ensure proper alignment of
entrance
Monitoring Agency: City Planning /City Engineering
12. Construct a new driveway on Woodruff Avenue at the south end of the Columbus High
School parking and loading area for school use.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of certificate of
occupancy
EARTH
Method of Monitoring:
Monitoring Agency:
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Approve Improvement Plan /Site
Inspection
City Engineering
13. Prior to issuance of grading permit, the applicant shall submit a grading plan subject
to the approval of the City Engineer and Building and Safety Official. All grading
activities shall be carried out under the guidelines set forth in Chapter 70 of the
Uniform Building Code, 1991 Edition.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of grading permit
Method of Monitoring: Approve grading plan /Site
inspection
Monitoring Agency: City Engineering /City Building and
Safety
14. Building foundations and structures shall conform with the structural requirements of
the Uniform Building Code, recommendations of the Structural Engineers Association
of California, and Downey Building Code.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of building permit
Method of Monitoring: Approve building plans
Monitoring Agency: City Building and Safety
15. Site soils shall be compacted in accordance with City specifications in order to support
the foundations of proposed buildings.
Responsible for Implementation: Applicant
Monitoring Phase: Throughout construction
Method of Monitoring: Site inspection
Monitoring Agency: City Building and Safety
16. Prior to issuance of grading permit, the applicant shall prepare an erosion control plan.
The plan shall identify measures and City requirements to control erosion.
HYDROLOGY
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of grading permit
Method of Monitoring: Approve Plan /Site Inspection
Monitoring Agency: City Building and Safety /City
Engineering
17. Throughout construction, the contractor shall comply with appropriate provisions of
the City Building Code to reduce the potential for site erosion.
Responsible for Implementation: Applicant
Monitoring Phase: Throughout construction
Method of Monitoring: Site inspection
Monitoring Agency: City Building and Safety
18. To reduce erosion impacts the applicant shall ensure the following:
a. Use of onsite sandbagging and temporary debris basins during construction.
All erosion controls shall be in place during any five -day storm forecast during
the rainy season of October to April.
b. All concentrated surface water entering the project site from offsite sources
shall be collected and directed to a permanent drainage system.
Responsible for Implementation: Applicant
Monitoring Phase: Throughout construction
Method of Monitoring: Site inspections
Monitoring Agency: City Engineering /City Building and
Safety
19. Operators of the gas station and lube and tune shall comply with applicable
requirements of the City Building and Safety Division, City Fire Department, County
Waste Management Division, County Hydrology Division, County Department of Health
Services (Public Health Investigation), State Department of Health Services (Toxic
Substances Control Program), State Regional Water Quality Control Board (Los Angeles
Region).
Responsible for Implementation: Gas station and lube and tune
operators
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Monitoring Phase: Throughout project operations
Method of Monitoring: Site inspection
Monitoring Agency: City Planning
20. Prior to issuance of grading permit, the applicant shall obtain a NPDES permit from the
California Regional Water Quality Control Board. The permit shall include a list of Best
Management Practices regulating construction activities as they relate to pollution
control. All stormwater discharge shall conform to standards of the NPDES.
Responsible for Implementation:
Monitoring Phase:
Method of Monitoring:
Applicant
Monitoring Agency: City Engineering
Responsible for Implementation:
Monitoring Phase:
Method of Monitoring:
Monitoring Agency: City Engineering
Responsible for Implementation:
Monitoring Phase:
Method of Monitoring:
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Prior to issuance of grading permit
Verify issuance of NPDES
permit /site inspections
21. The project shall require conformance with the prohibitions of the Los Angeles Water
Quality Control Board and through the City's resource management procedures, assure
that water quality and its supporting processes are taken into account.
Applicant
Throughout project operations
Verify conformance with board
requirements
22. An engineered detention basin shall be constructed to provide temporary onsite holding
capacities of excess storm runoff. Associated with the detention basin, a connector
pipe to the catch basin shall be sized to restrict flows.
Applicant
Prior to issuance of grading permit
Approval of drainage /hydrology
plans/ site inspection
Monitoring Agency: City Engineering /L.A. County
Department of Public Works
23. Prior to recording of final map, a detailed drainage plan shall be prepared to further
evaluate onsite flow patterns and methods of dispersing storm runoff. Flows from
Columbus High School to Woodruff Avenue shall be further evaluated and quantified
relative to site topography. All southbound surface flows shall be directed either along
the project site's northern boundary in the westerly direction to Woodruff Avenue or
accepted underground or piped to the recommended detention basin.
Responsible for Implementation:
Monitoring Phase:
Method of Monitoring:
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Applicant
Prior to recordation of final map
Monitoring Agency: City Engineering
Approve drainage plan /Site
inspections
24. All proposed buildings shall be elevated to a minimum of one foot above the 50 -year
flood level. Specific attention shall be directed to the proposed lube and tune structure
to ensure its safety from effects of ponded water.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of building permit
Method of Monitoring: Approve building and grading plans
Monitoring Agency: City Engineering /City Building and
Safety
25. Storm drain improvements shall be consistent with the City master plans of storm
drainage and requirements for storm drain facilities. Design specifications shall be
coordinated with the City Department of Public Works and any upgrading of existing
facilities reviewed and undertaken within these guidelines.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of building permit
Method of Monitoring: Approve drainage plans
Monitoring Agency: City Engineering /County Dept. of
Public Works
26. Prior to recordation of the final map, the applicant shall submit grading and hydrology
plans to both the City Engineering Division and L.A. County Department of Public
Works for their approval. Any flows not permitted to drain to the storm drain on
Woodruff Avenue shall be retained on the site. The applicant shall obtain a connection
permit from L.A. County Department of Public Works.
Responsible for Implementation:
Monitoring Phase:
Method of Monitoring:
Monitoring Agency: City Engineering /L.A. County Dept.
of Public Works
AIR QUALITY
27. The contractor, throughout construction activities, shall:
a. Comply with Rules 401 - 403 of the SCAQMD to reduce onsite dust levels.
b. Periodically apply water and dust superannuates to graded areas.
c. Utilize non - potable water for dust control.
d. Cover any hauling fill.
e. Stabilize disturbed areas if construction is delayed.
f. Terminate soil disturbance when high winds (greater than 25 miles per hour)
occur. The velocity of these winds make dust control extremely difficult.
g. Ensure that all construction equipment shall be maintained in proper working
order.
h. Wash vehicles entering public roadways to reduce dust levels.
i. Require 90 -day low NOx tune -ups for off -road equipment.
j. Limit allowable idling to 10 minutes.
k. Park construction vehicles off traveled roadways.
I. Wash or sweep access points daily.
m. Sandbag construction areas for erosion control as needed.
n. Receive materials during non -peak traffic hours.
Responsible for Implementation: Applicant
Monitoring Phase: Throughout construction
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Applicant
Prior to recordation of final map
Approve grading and hydrology
plans
Method of Monitoring: Site inspections
Monitoring Agency: City Building and Safety
28. Prior to issuance of grading permit, the applicant shall prepare a construction
management plan, subject to approval by the City Engineer and Building and Safety
Official. At a minimum, the plan shall include the following measures.
a. Explain how the aforementioned measures would be implemented.
b. Identify how construction traffic would be routed through areas of least impact
sensitivity.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of grading permit
Method of Monitoring: Approve plan
Monitoring Agency: Building and Safety /City Engineering
29. All employers of 100 employees or more shall submit a trip reduction plan, in
accordance with SCAQMD Regulation XV, to the air district.
Responsible for Implementation: Future employers
Monitoring Phase: Throughout project operations
Method of Monitoring: Approve Plan
Monitoring Agency: SCAQMD
30. The applicant, prior to issuance of certificate of occupancy, shall install energy -
conserving appliances and implement Title 24 (California Administrative Code)
requirements to reduce secondary (stationary source) impacts.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of certificate of
occupancy
Method of Monitoring: Site inspection
Monitoring Agency: City Building and Safety
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31. Prior to issuance of building permit for the service station, the applicant shall acquire
a permit from the SCAQMD which specifies the degree of vapor control required for
gasoline storage and dispensing.
NOISE
Responsible for Implementation:
Monitoring Phase:
Method of Monitoring:
Monitoring Agency: SCAQMD
Service station operator
Prior to issuance of building permit
Verify issuance of air permit /site
inspection
32. Throughout operation of the service station, the applicant shall comply with AQMD air
toxic control programs, such as Rule 461, in accordance with AB 2588 and AB 1817
to control benzene and carcinogens in gasoline.
Responsible for Implementation: Service station operator
Monitoring Phase: Throughout project operations
Method of Monitoring: Site inspection
Monitoring Agency: SCAQMD
33. Prior to issuance of grading permit, the applicant shall prepare a construction
management plan, subject to approval by the City Engineer and Building and Safety
Official. At a minimum, the plan shall include the following measures:
a. Limit construction activities to those hours and days stipulated in the Downey
Noise Ordinance, Section 4606 of the City Municipal Code.
b. Specify construction access routing to minimize construction truck traffic along
residential and /or other noise sensitive roadways.
c. Ensure that construction equipment is properly tuned and maintained to keep
noise at the lowest possible level.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of grading permit
Method of Monitoring: Approve plan /site inspection
Monitoring Agency: City Engineering and City Building
and Safety
34. The contractor, throughout construction activities, shall place construction equipment
in strategic locations to mask and screen construction noise away from the apartments
to the east and west, and schools to the north and south.
Responsible for Implementation: Applicant
Monitoring Phase: Throughout construction
Method of Monitoring: Site inspection
Monitoring Agency: City Building and Safety
35. The applicant shall install the proposed 8 -foot block wall along the north face, prior to
project construction.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of building permit
Method of Monitoring: Approve site plan /site inspection
Monitoring Agency: City Building and Safety /City
Planning
36. Prior to issuance of certificate of occupancy, the applicant shall include the following
in the project's lease agreements:
a. No delivery truck traffic shall occur from 10:00 PM to 7:00 AM.
b. No truck /trailer shall be parked onsite with any mechanical equipment such as
refrigerator /freezer units running during the time from 10:00 PM to 7:00 AM.
c. Trash compactors shall not be operated between the hours from 10:00 PM to
7:00 AM from Monday through Friday; 10:00 PM to 8:00 AM on Saturdays,
and 10:00 PM to 9:00 AM on Sundays and holidays.
d. Refuse or recycling trucks shall not collect waste materials during those times
when operation of trash compactors are prohibited.
e. Parking lot sweeping shall not occur from 10:00 PM to 7:00 AM.
Responsible for Implementation: Applicant
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Monitoring Phase:
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Prior to issuance of certificate of
occupancy /throughout project
operations
Method of Monitoring: Review lease agreements /review
business license applications
Monitoring Agency: City Planning
LIGHT AND GLARE
37. The lighting of signs shall be in conformance with Section 9148.18 of the Downey
Zoning Ordinance.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of building permit
Method of Monitoring: Approve sign plans
Monitoring Agency: City Planning
38. All outdoor lighting for walkways, off - street parking areas, security, and driveways at
the Woodruff Square site and lights to illuminate fields at Warren High School shall be
provided in accordance with Section 9152.18 of the Downey Zoning Ordinance,
subject to approval by the City Planner and Traffic Engineer. The section requires that
exterior Tight fixtures, including parking lot and field lights be either shielded or directed
away from neighboring properties and streets. Exposed bulbs shall not be permitted.
All new installation fixtures shall have glare control shields.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of building permit
Method of Monitoring: Approve lighting plans /site
inspection
Monitoring Agency: City Planning and City Engineering
39. Onsite perimeter landscaping and trees as shown in the Conceptual Landscape Plan for
the project shall be provided.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of certificate of
occupancy
Method of Monitoring: Approve landscape plan /site visit
Monitoring Agency: City Planning
40. Prior to submitting working drawings to the City for approval, the Design Review Board
shall approve building elevations and materials to ensure that proposed buildings would
not produce excessive glare.
Responsible for Implementation:
Monitoring Phase:
Method of Monitoring:
Applicant
Monitoring Agency: City Planning
41. The type and location of lighting standards and the intensity of lighting shall be
approved by the Traffic Engineer and the City Planner.
Responsible for Implementation: Applicant
Monitoring Phase:
Method of Monitoring:
Monitoring Agency:
Responsible for Implementation:
Monitoring Phase:
Method of Monitoring:
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Design Review Board approval
Approve working drawings /site
inspection
Prior to issuance of building permit
Approve lighting plans /site
inspection
City Planning and City Engineering
42. Prior to issuance of building permit, the project's lighting plan shall be approved by the
City Planner and Traffic Engineer to ensure they conform with the provisions of
Municipal Code Section 9152.18.
Applicant
Prior to issuance of building permit
Approve lighting plans /site
inspection
Monitoring Agency: City Planning and City Engineering
PUBLIC SERVICES AND UTILITIES
Fire Protection
43. Prior to issuance of certificate of occupancy, the applicant shall acquire Fire
Department approval for the following:
a. Working and construction drawings. The department shall ensure that the
project conforms to all applicable fire safety standards and provides needed
improvements (fire hydrants) at appropriate locations. All improvements, such
as water mains, fire hydrants, etc. shall be constructed in accordance with
appropriate sections of the City Fire Code.
b. Adequate fire flows are provided. As required by the Fire Department, the
applicant shall provide an onsite loop. Prior to any combustible materials being
allowed on the site, the required fire flow must be provided on the project site.
c. Adequate fire access are provided.
Responsible for Implementation:
Monitoring Phase:
Method of Monitoring:
Monitoring Agency:
Applicant
Responsible for Implementation: Applicant
Method of Monitoring: Site inspection
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Prior to issuance of certificate of
occupancy
Approve working drawings and site
plan /site inspection
City Fire Department
44. Prior to issuance of certificate of occupancy, all access roads shall be posted as "fire
lanes ".
Monitoring Phase: Prior to issuance of certificate of
occupancy
Monitoring Agency: City Fire Department
45. Prior to issuance of building permit, the applicant shall demonstrate on all appropriate
building plans that the project shall install fire sprinklers in buildings that are greater
than 10,000 sf. and fire alarm systems in buildings greater than 5,000 sf.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of building permit
Method of Monitoring: Approve building plans /site
inspection
Monitoring Agency: City Fire Department
Police Protection
46. Prior to issuance of building permit, adequate emergency access and vehicular
circulation throughout and around the project shall be provided to the satisfaction of
the City of Downey Police Department.
Responsible for Implementation:
Monitoring Phase:
Method of Monitoring:
Monitoring Phase:
Method of Monitoring:
Monitoring Agency:
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Applicant
Monitoring Agency: City Police Department
47. Prior to issuance of building permit, adequate exterior lighting to enhance crime
prevention and law enforcement efforts shall be provided to the satisfaction of the City
Police Department.
Responsible for Implementation: Applicant
Responsible for Implementation: Applicant
Prior to issuance of building permit
Verify Police Department approval/
Site inspection
Prior to issuance of building permit
Verify Police Department
approval /site inspection
City Police Department
48. Prior to issuance of certificate of occupancy, proper address signs for easy
identification of locations during emergencies shall be provided.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of certificate of
occupancy
Method of Monitoring: Site inspection
Monitoring Agency: City Planning
49. The applicant shall make the center's security office available to the Police
Department.
Monitoring Phase: Throughout project operations
Responsible for Implementation: Applicant
Monitoring Phase: Throughout project operations
Method of Monitoring: Discussion with Police Department
Monitoring Agency: City Planning
Method of Monitoring: Verify with Police Department
Monitoring Agency: City Planning
50. The applicant shall contract with a private security firm if feasible to patrol the
shopping center's stores and businesses.
Schools
51. Prior to issuance of building permit, the applicant shall pay required school fees.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of building permit
Method of Monitoring: Verify payment of fees
Monitoring Agency: City Building and Safety
Water
52. Prior to issuance of building permit, the applicant shall meet with the Water Division
and Fire Department to discuss provision of the required onsite loop system.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of building permit
Method of Monitoring: Approve Water plan /site inspection
Monitoring Agency: City Fire Department /City Water
Division
53. The onsite loop system shall be a part of the private water system and would not be
maintained by the City. The onsite loop system shall require appropriate backflow
devices.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of building permit
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Method of Monitoring: Approve water plans /site inspection
Monitoring Agency: City Water Division
54. Prior to any combustible materials being allowed on the site, the required fire flow
must be provided on the project site.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to allow combustibles on site
Method of Monitoring: Approve water plans /site inspection
Monitoring Agency: City Fire Department /City Building
and Safety
55. All water meters shall be in the public right -of -way, along the frontage of Imperial
Highway and /or Woodruff Avenue.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of certificate of
occupancy
Method of Monitoring: Approve water plans /site inspection
Monitoring Agency: City Water Division
56. All improvements shall be constructed to meet City Water Division standards. All
easements shall be granted to the City for maintenance. Plans for water improvements
shall be prepared by a registered professional engineer and shall be subject to the
approval of the City Water Division.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of building permit
Method of Monitoring: Approve water plans /site inspection
Monitoring Agency: City Water Division
57. Prior to issuance of certificate of occupancy, the applicant shall implement the
following water conservation measures:
a. Install automatic systems which restrict landscape watering to early morning
and evening hours, in order to reduce evaporation.
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b. Provide drought resistant vegetation for landscaping to reduce water
consumption from irrigation.
Monitoring Phase:
Method of Monitoring:
Monitoring Agency:
Responsible for Implementation: Applicant
Responsible for Implementation:
Monitoring Phase:
Method of Monitoring:
Monitoring Agency:
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Prior to issuance of certificate of
occupancy
Review and approval of water and
landscaping plans /site inspection
City Planning /City Building and
Safety
Sewer
58. Prior to issuance of building permit, the applicant shall meet with County Sanitation
District No. 2 to discuss capacity availability.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of building permit
Method of Monitoring: Verify meeting
Monitoring Agency: City Planning
59. Prior to issuance of certificate of occupancy, the applicant shall construct required
sewer improvements, including sewer connection hookups. All improvements shall be
constructed to meet County Sanitation District No. 2 and City standards, and
requirements of Downey Municipal Code Section 7224. All easements shall be granted
to the City for maintenance. Plans for sewer improvements shall be prepared by a
registered professional engineer and shall be subject to the approval of the City
Engineer.
Applicant
Prior to issuance of certificate of
occupancy
Review of sewer plans and site
inspection
City Engineering
60. Prior to issuance of certificate of occupancy, the applicant shall acquire a Trunk Sewer
Connection Permit from County Sanitation District No. 2.
Method of Monitoring: Verify issuance of permit
Monitoring Agency: City Engineering
61. Prior to issuance of building permit, the applicant shall pay required connection fees
to County Sanitation District No. 2.
Storm Drainage
62. Prior to issuance of building permit, the applicant shall pay required connection fees
to the Los Angeles County Department of Public Works.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of building permit
Method of Monitoring: Verify payment of fees
Monitoring Agency: City Engineering
Solid Waste
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of certificate of
occupancy
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of building permit
Method of Monitoring: Verify payment of fees
Monitoring Agency: City Engineering /Building and Safety
63. Prior to issuance of building permit, the applicant shall meet with the City Engineering
Division to discuss how the project would comply with the provisions and requirements
of the City's Source Reduction and Recycling Element and County's Integrated Solid
Waste Management Plan. The applicant shall comply with County, City and SRRE
requirements to ensure that waste generated by the project would be controlled,
thereby alleviating potential burden on existing landfills. At a minimum, the applicant
shall:
a. Locate recycling facilities within trash receptacle enclosures.
b. Provide landscaping that incorporates drought resistant plant materials. These
materials require minimal maintenance and generate less yard waste for
disposal.
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Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of building permit
Method of Monitoring: Approve solid waste plans
Monitoring Agency: City Engineering
Telephone
64. Prior to issuance of building permit, the applicant shall acquire a "will serve" letter from
and pay required fees to GTE.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of building permit
Method of Monitoring: Verify issuance of "will serve" letter
and payment of fees
Monitoring Agency: City Planning
Natural Gas
65. Prior to issuance of building permit, the applicant shall acquire a "will serve" letter from
and pay required fees to SCG.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of building permit
Method of Monitoring: Verify issuance of "will serve" letter
and payment of fees
Monitoring Agency: City Planning
66. Prior to issuance of building permit, the applicant shall demonstrate on all building
plans that the project is in compliance with Title 24 of the California Code of
Regulations. Title 24 requires inclusion of energy conservation features into building
design and construction of the following:
a. incorporate into new buildings a set of specific energy- conserving design
features.
b. use non - depletable energy resources.
c. demonstration that buildings would not consume more energy that necessary.
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Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of building permit
Method of Monitoring: Approve building plans /site
inspection
Monitoring Agency: City Building and Safety
67. Prior to issuance of building permit, the applicant shall demonstrate on all building
plans that the project is in compliance with the following SCG conditions:
a. No change of grade without prior written approval by SCG.
b. No permanent structures within SCG easements are permitted, such as
buildings, concrete pads, block walls, etc.
c. No planting of trees or deep rooted plants without written approval by SCG.
d. No poles, signs, or fence posts to be installed without written approval by SCG.
e. Ingress and egress rights to and from gas pipelines must be maintained.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of building permit
Method of Monitoring: Approve building plans /approve site
plan /site inspection
Monitoring Agency: City Planning
68. Prior to issuance of building permit, the applicant shall incorporate the following
conservation elements into the project's final designs and landscaping plans:
a. Install thermal insulation in walls and ceilings which meet State and City
Building and Safety standards.
b. Provide solar heating and efficient heating - cooling systems.
Responsible for Implementation:
Monitoring Phase:
Method of Monitoring:
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Applicant
Prior to issuance of building permit
Approve building plans /site
inspection
Electricity
69. Prior to issuance of building permit, the applicant shall meet with SCE to discuss and
implement energy conservation design methods and programs. Examples of methods
and programs are discussed in this EIR. The applicant shall incorporate applicable and
appropriate design and landscaping methods to ensure that energy is conserved to the
greatest extent.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of building permit
Method of Monitoring: Verify meeting and review of plans
Monitoring Agency: City Planning
70. Prior to issuance of building permit, the applicant shall acquire a "will serve" letter from
and pay required fees to SCE.
Responsible for Implementation: Applicant
Monitoring Phase: Prior to issuance of building permit
Method of Monitoring: Verify issuance of "will serve" letter
and payment of fees
29:mitpro
Monitoring Agency: City Building and Safety
Monitoring Agency: City Planning
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