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HomeMy WebLinkAboutResolution No. 5731RESOLUTION NO, 5731 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL AND APPROVING ZONE VARIANCE NO. 93 -31 FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF WOODRUFF AVENUE AND IMPERIAL HIGHWAY (WOODRUFF SQUARE) 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 variance to Sections 9140 and 9146 of the Downey Municipal Code to permit development of an overheight commercial building with reduced side yard setbacks on Lot 2 of Tentative Tract Map No. 51717; and a service station /convenience market within 1,000 feet of schools 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. 1673 approving this zone variance, 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 Zone Variance No. 93 -31. 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. Special conditions and circumstances exist which are peculiar to the land, structure, or buildings involved with the subject property and which are not generally applicable to other lands, structures, or buildings in the same vicinity and zone. Setbacks and Height. The subject site can be distinguished from other commercial properties in the same vicinity and zone because the subject site is an irregularly- shaped parcel which is being developed as an integrated community- sized, commercial shopping center. These centers are designed to optimize visibility and parking areas. City Council Resolution No. 5731 Page 2 Consequently, these types of integrated developments have their buildings constructed closer to lot lines, similar to this proposal. The subject site can be further distinguished from other similar properties in the same vicinity and zone because it abuts a residentially zoned property developed with a high school, in which the city has previously granted similar variances to reduce both building setbacks and height issues. Convenience market proximity to schools. The subject site can be distinguished from other combination service station /convenience market, again as mentioned previously, this site is being developed as an integrated commercial center. The area allocated for this use is almost twice the size of other similarly developed facilities, which normally reflect properties measuring 150' x 150' = 22,500 square feet. The added area permits a more efficient circulation system within the site, therefore the impacts resulting from high - volume peak traffic uses such as schools is minimized. B. The literal interpretation of the provisions of Chapter 1, Zoning, of Article IX, Land Use, of the Downey Municipal Code would deprive the property owners of rights under the terms of said sections commonly enjoyed by other properties in the same vicinity and zone in which the subject property is located. Setbacks and Height. The literal interpretation of the zoning ordinance would deprive the applicant's of rights commonly enjoyed by other properties in the same vicinity and zone because other similarly situated properties of this size have been permitted to develop buildings adjacent to interior property lines, reducing the required setback area and modifying height requirements. Convenience market proximity to schools. The literal interpretation of the zoning ordinance would deprive the applicant's of rights commonly enjoyed by other properties in the same vicinity and zone because unlike other developments, the improvements on this development, in addition to the zoning requirements, are also subject to requirements of a Development Agreement; and these conditions result from the total project reflecting an integrated development scheme. C. Special conditions and circumstances described in subparagraph A would not result from the actions of the applicants /owners or his/her predecessor in interest. Setbacks and Height. This project could have reflected a land use change which could have encompassed the entire 23 acre parcel, in which the issue of special circumstances or conditions would not apply to the subject request. Further, the City has viewed these types of City Council Resolution No. 5731 Page 3 requests as a factual basis to modify the setback and height requirements when commercial or industrial properties have abutted school properties. Convenience market proximity to schools. The conditions present on the lot do not result from the applicant requesting this use; however, the configuration of the property and the geographical location of the new lot to the extent as mentioned previously, the Development Agreement insures an integrated development which is different from a stand alone combined service station /convenience market. D. Granting the variance requested will not confer on the applicants /owners a special privilege that is denied by Chapter 1, Zoning, Article IX, Land Use, of the Downey Municipal Code to other lands, structures, or buildings in the same vicinity and zone in which the subject property is Iocated. Setbacks and Height. No special privilege is granted to the applicant because other similarly situated properties have been permitted to establish buildings adjacent to interior property lines. Convenience market proximity to schools. Granting the variance requested will not confer on the Applicant a special privilege that is denied by Chapter 1, Zoning, Article IX, Land Use, of the Downey Municipal Code to other lands, structures or buildings in the same vicinity and zone in which the Subject Property is located because the proposed use is being developed being developed as an integrated development which in which all standards uses and intensity of use are controlled by a development agreement between the City and Developer. E. Granting this variance will be consistent and in harmony with and could adversely affect the Comprehensive General Plan of the City of Downey and the elements thereof. Setbacks and Height. Granting the variance will be consistent with and in harmony with and will not adversely affect the General Plan because it is not expected that construction of the proposed twenty -eight (28') foot high commercial buildings with a twenty -six (26') foot setback will negatively impact the adjacent school site. Further, a block wall will be constructed between the two lots to ensure that any impacts to the adjacent school site are minimal. Convenience market proximity to schools. Granting the variance will be consistent with and in harmony with and will not adversely affect the General Plan because the site is being c eveloped in conjunction with a community -sized shopping center as set forth in the Development Agreement between the City and the Applicant. - City Council Resolution No. 5731 Page 4 acCTION 3. An Initial Study /Notice of Preparation and Draft Environmental Impact Report (Draft EIR) have been prepared for Zone Variance No. 93 -31 in accordance with the provisions of the California Environmental Quality Act ICEQA), State CEQA Guidelines and the City of Downey's Revised Procedures for Implementing CEQA. Prior to approving the proposed zone variance, 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 Zone Variance No. 93 -31 may have unavoidable cumulative adverse effects on the regional air quality and solid waste disposal, the City Council 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. 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 and upholds the Planning Commission's approval of Zone Variance No. 93 -31. ATTEST ith E. McDonnell ity Clerk F. In taking this action, the City Council 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 City residents and available fiscal and environmental resources. UCTION 6. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 9th day of November, 1993. S. Brazelton, Mayo City Council Resolution No. 5731 Page 5 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: AYES: 3 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 1 COUNCILMEMBERS: ABSTAINED: 1 COUNCILMEMBERS: McCaughan, Boggs, Brazelton None Riley Lawrence ith E. McDonnell, City Clerk Plannina Division EXHIBIT A Conditions of Approval Zone Variance No. 93 -31 Woodruff Square 1. This approval is to permit construction of an 83,500± square foot overheight, commercial building within the required setback areas, and to permit development of service station /convenience market within 1,000 feet of schools as shown on the approved site plan and elevations dated September 1, 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; plus all conditions of Zone Variance No. 93 -31 shall be completed before this zone variance becomes valid. 4. The applicant's shall obtain Design Review Board approval for architecture, color, materials, landscaping, irrigation and signs prior to the issuance of building permits. 5. 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), unless construction has begun. The thirty (30) time limit may be extended upon submittal of building plans for the subject pad, to the Department of Building and Safety. 6. All conditions of Tentative Tract Map No. 51717 shall be a part of this approval and shall be completed before this zone variance becomes valid. 7. Trash enclosures shall be provided throughout the site. Trash and discarded or stored objects of any type shall be stored in areas enclosed with a solid decorative masonry or brick wall not less than six (6') feet high with solid roll -up covers (doors). 8. The applicant shall install pedestrian sidewalks to the shopping center along the main driveway entrance from the public sidewalk along Imperial Highway. 9. Parking lot lighting standards exceeding five (5') in height, shall maintain a minimum ten (10') foot setback from any property line abutting a street. 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. Exhibit "8" 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. 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 sianificant effect, but not to levels of insianificance. 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. 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. LAND USE —, 1. Environmental Effect 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. Facts 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. 2. Environmental Effect Findintt FINDINGS OF FACTS 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. Facts 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. -3- 3. Environmental Effect 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. Changes or alterations have been required in and incorporated into the project which avoid the above significant effect. Fact 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. 4. Environmental Effect Softball facilities and programs shall be re- established at Warren High School. Findina Changes or alterations have been required in and incorporated into the project which avoid the above significant effect. Facts Finding 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 ( 115 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. -4- Facts Facts Finding 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. Changes or alterations have been required in and incorporated into the project which avoid the above significant effect. -5- Facts 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 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. 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. -6- 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 tube and tune shall comply with applicable requirements of the City Building and Safety Division, City Fire Department, County .7. 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. -8- 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. 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. 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: -9- * 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. * Explain how the aforementioned measures would be implemented. 2. Environmental Effect 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. -1 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. 3. Environmental Effect Finding Changes or alterations have been required in and incorporated into the project which avoid the above significant effect. Facts Finding 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. Hydrocarbons from fuel spillage or evaporation at the service station and solvents used to clean grease at the tube and tune would not have impacts with mitigation. 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 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. -12- 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: 3. Environmental Effect 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. 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. -13- • 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. • 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 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. -14- 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 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. Prior to issuance of certificate of occupancy, the applicant shall acquire Fire Department approval for the following: Police Protection 1. Environmental Effect 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. The City Police Department indicated that the project would not pose significant security problems and sufficient law enforcement could be provided. -15- Finding Changes or alterations have been required in and incorporated into the project which avoid the above significant effect. Facts Finding 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 Effecit 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. Fac - Prior to issuance of building permit, the applicant shall pay required school fees. Water 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. -16- 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. Prior to any combustible materials being allowed on the site, the required fire flow must be provided on the project site. All water meters shall be in the public right -of -way, along the frontage of Imperial Highway and /or Woodruff Avenue. Prior to issuance of certificate of occupancy, the applicant shall implement the following water conservation measures: Sewer Finding 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. 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. 1. Environmental Effect Install automatic systems which restrict landscape watering to early morning and evening hours, in order to reduce evaporation. 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. Changes or alterations have been required in and incorporated into the project which avoid the above significant effect. -17- 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. -18- 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. -19- Natural Gas 1. Environmental Effect Finding SCG indicated that the project is reasonable and acceptable and could be served from existing mains. 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. -20- Electricity 1. Environmental Effect Finding 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 Toad growth for the SCE service area. 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 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 ALTERNATIVES 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, Tight 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 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 -22- 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 -23- 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. 29:Netamt.ovr STATEMENT OF OVERRIDING CONSIDERATIONS WOODRUFF SQUARE CITY OF DOWNEY Exhibit "C" 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: 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. Responsible for Implementation: Applicant -2- Monitoring Phase: Method of Monitoring: Monitoring Agency: CIRCULATION AND TRAFFIC Responsible for Implementation: Applicant Monitoring Phase: Method of Monitoring: Monitoring Agency: -3- 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. Responsible for Implementation: Applicant Monitoring Phase: Prior to issuance of certificate of occupancy Method of Monitoring: Approve Improvement Plan /Site inspection Monitoring Agency: City Engineering 8. Restrict the western most driveway on Imperial Highway to right -turns only. Responsible for Implementation: Applicant 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: -4- 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: 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. -5- Approve Improvement Plan /Site Inspection City Engineering 17. Throughout construction, the contractor shall the City Building Code to reduce the potential Responsible for Implementation: Monitoring Phase: Method of Monitoring: Monitoring Agency: HYDROLOGY Responsible for Implementation: Monitoring Phase: Method of Monitoring: Monitoring Agency: -6- Applicant Prior to issuance of grading permit Approve Plan /Site Inspection City Building and Safety /City Engineering comply with appropriate provisions of for site erosion. Applicant Throughout construction Site inspection 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 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: Responsible for Implementation: Monitoring Phase: Method of Monitoring: Responsible for Implementation: Monitoring Phase: Method of Monitoring: -7- Applicant Monitoring Agency: City Engineering 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 Monitoring Agency: City Engineering 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: -8- 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: Applicant Monitoring Phase: Prior to recordation of final map Method of Monitoring: Approve grading and hydrology plans 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. 1. 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 -9- 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 - 1 0- 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. Responsible for Implementation: Service station operator Monitoring Phase: Prior to issuance of building permit Method of Monitoring: Verify issuance of air permit /site inspection Monitoring Agency: SCAQMD 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. NOISE 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 -12- Monitoring Phase: Responsible for Implementation: Monitoring Phase: Method of Monitoring: -13- 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 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. Applicant Prior to issuance of building permit 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: Monitoring Agency: City Planning Responsible for Implementation: Applicant Monitoring Phase: Method of Monitoring: Monitoring Agency: Responsible for Implementation: Monitoring Phase: Method of Monitoring: -14- Applicant Design Review Board approval Approve working drawings /site inspection 41. 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 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: Applicant Responsible for Implementation: Applicant Method of Monitoring: Site inspection Prior to issuance of certificate of occupancy Method of Monitoring: Approve working drawings and site plan /site inspection Monitoring Agency: 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: Monitoring Phase: Method of Monitoring: Approve building plans /site inspection -15- Applicant Prior to issuance of building permit 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: Applicant Monitoring Phase: Prior to issuance of building permit Method of Monitoring: Verify Police Department approval/ Site inspection 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 Monitoring Phase: Method of Monitoring: Monitoring Agency: Responsible for Implementation: Applicant -16- 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 Water 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. Responsible for Implementation: Applicant Monitoring Phase: Throughout project operations Method of Monitoring: Discussion with Police Department Monitoring Agency: City Planning 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 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 -17- 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. -18- b. Provide drought resistant vegetation consumption from irrigation. Responsible for Implementation: Monitoring Phase: Method of Monitoring: Monitoring Agency: Responsible for Implementation: Applicant Monitoring Agency: City Engineering -19- for landscaping to reduce water Applicant 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. Monitoring Phase: Prior to issuance of certificate of occupancy Method of Monitoring: Review of sewer plans and site inspection 60. Prior to issuance of certificate of occupancy, the applicant shall acquire a Trunk Sewer Connection Permit from County Sanitation District No. 2. Storm Drainage Responsible for Implementation: Applicant Monitoring Phase: Prior to issuance of certificate of occupancy 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. Solid Waste 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 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 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. -20- 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. -21- 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: -22- 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 -23-