HomeMy WebLinkAboutResolution No. 6274RESOLUTION NO. 6274
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DENYING THE APPEAL AND APPROVING CONDITIONAL USE
PERMIT NO. 98-54 (DOWNEY AREA RECYCLING AND TRANSFER
FACILITY) TO ALLOW AN EXPANSION FROM 1,500 TONS PER DAY
(TPD) TO 5,000 TONS PER DAY OF AN EXISTING MATERIALS
RECOVERY FACILITY (MRF) LOCATED AT 9770 WASHBURN ROAD,
IN THE M -2 (GENERAL MANUFACTURING) & P -B (PARKING -
BUFFER) ZONE.
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 by Calsan, Inc. (hereinafter "applicant")
requesting a conditional use permit to allow the expansion from 1,500
tons per day (TPD) to 5,000 tons per day of an existing materials recovery
facility (MRF) located at 9770 Washburn Road (hereinafter 'subject site"),
in the M-2 (General Manufacturing) & P -B (Parking - Buffer) zone.
B. The Planning Commission held a duly noticed public hearing on May 5,
1999, and, after fully considering all oral and written testimony and facts
and opinions offered at the aforesaid public hearing, adopted Resolution
No. 1965 and Resolution No. 1966, certifying an Environmental Impact
Report (EIR) for the project and approving Conditional Use Permit No. 98-
54, respectively.
C. An appeal of the decision of the Downey Planning Commission was filed
by Park Water Company, received on May 20, 1999.
D. The City Council held a duly noticed public hearing on June 22, 1999,
and after fully considering all oral and written testimony and facts and
opinions offered at the aforesaid public hearing, adopted Resolution No.
6274 , denying the appeal and approving Conditional Use Permit No.
98-54.
Resolution No. 6274
Conditional Use Permit No. 98-54
Page 2
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
1. The requested conditional use permit to expand the capacity for an
existing materials recovery facility will not adversely affect the Downey
Municipal Code and the Downey General Plan. The existing use was
authorized by Conditional Use Permit No. 95-02, which allowed a
materials recover facility at the site on the subject property, zoned M -2
(General Manufacturing) zone & P-B (Parking - Buffer), subject to
conditions. The proposal to expand this facility is not inconsistent with
the industrial zoning designation. Further, the General Plan land use
designation for the site is "Manufacturing ". Therefore, the proposed is
consistent with both designations. There are no nearby residential uses
that will be adversely impacted by the proposed use.
2. The site is currently occupied by a two -story building used for waste
sorting and transfer activities, and administrative offices associated with
the materials recovery facility (MRF). No physical changes to the site are
proposed as part of this project. The growth and development of the area
will not be adversely affected by the proposed expansion of the capacity
of the MRF since surrounding properties are developed with other
industrial uses. Sensitive uses located within 500 feet of the site to the
east are adequately buffered by the San Gabriel River Flood Control
Channel. Further, conditions of approval and mitigation measures,
required as apart of an Environmental Impact Report (EIR), will ensure
that the proposed use does not have a significant negative impact on the
surrounding properties.
3. The size and shape of the site is adequate to allow development of the
site for the proposed use. The subject site has an area of 6.2 acres that
can accommodate the proposed expansion in capacity from 1,500 tons
per day to 5,000 tons per day. No physical changes are proposed as part
of this project since none are needed in order to accommodate the added
capacity.
4. The traffic generated by the proposed use will not impose an undue burden
upon the streets and highways in the area. The traffic study prepared for the
project's Environmental Impact Report (EIR) demonstrates that there will be
no significant impact on the surrounding roadway system. According to the
traffic study, all intersections will operate at acceptable levels of service.
Further, provisions are in place to assure mitigation of traffic impacts should
the need arise.
=MEP II
Resolution No, 6274
Conditional Use Permit No. 98 -54
Page 3
5. An Initial Study /Notice of Preparation (IS /NOP) and Draft Environmental
Impact Report (DEIR) were prepared for Conditional Use Permit No. 98-
54, in accordance with the provisions of the Califomia Environmental
Quality Act (CEQA), state CEQA Guidelines, and City of Downey's
Procedures for Implementing CEQA. The DEIR identified impacts relating
to land use /planning, water, air quality, transportation /circulation, hazards,
noise, public service, utilities /service systems, aesthetics.
6. The IS /NOP and DEIR were made available for public review from
February 4, 1999 to and including March 22, 1999, during which
comments were submitted.
7. A public hearing was held by the Planning Commission of the City of
Downey on April 21, 1999 and continued to May 5, 1999, at which time
evidence was heard on the Final EIR prior to approving the project.
Although the Final EIR was prepared by an environmental consultant firm,
the documents reflects the independent judgement and analysis of the
Planning Commission of the City of Downey.
8. A public hearing was held by the City Council of the City of Downey on
June 22, 1999, at which time the appeal of the approval of Conditional
Use Permit No. 98 -54 was considered.
SECTION 3. 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 Exhibit A — Conditions of Approval; Exhibit B — Statement of
Facts and Findings; Exhibit C — Statement of Overriding Considerations, and
Exhibit D — Mitigation Monitoring Program.
SECTION 4. Pursuant to Section 21081(b) of the California Public Resources
Code, the City Council hereby finds, determines and declares that although the
approval of Conditional Use Permit No. 98 -54 may have unavoidable significant
effect on the regional air quality, the City Council finds that specific overriding
economic, social, and other benefits of the project outweigh the significant
effects on the environment. These benefits are identified in Exhibit C —
Statement of Overriding Consideration.
SECTION 5. Pursuant to Section 21081(a) of the California Public Resources
Code, the City Council hereby finds, determines and declares that although the
approval of Conditional Use Permit No. 98 -54 may have a significant effect on
the environment if carried out, changes or alterations incorporated into the
project will mitigate or avoid the significant effects. These changes are identified
in Exhibit D — Mitigation Monitoring Program.
Resolution No. 6274
Conditional Use Permit No. 98 -54
Page 4
ATTEST:
SECTION 6. The City Council of the City of Downey hereby certifies the Final
Environmental Impact Report (FEIR) for Conditional Use Permit No. 98-54, since
the actions are complete and adequate, and the FEIR was prepared in compliance
with the requirements of California Environmental Quality Act (CEQA), state CEQA
Guidelines, and City of Downey's Procedures for Implementing CEQA.
SECTION 7. Based upon the findings set forth in Sections 1 through 6 of this
Resolution, the City Council of the City of Downey hereby approves Conditional
Use Permit No. 98 -54, subject to the provisions of Exhibit A — Conditions of
Approval, and Exhibit D — Mitigation Monitoring Program.
SECTION 8. This conditional use permit shall become null and void unless use of
the permit has commenced within one year of this approval and pursued diligently
to completion or an one -year extension of time granted by the Downey City Council,
pursuant to Section 9166.20 (c) of the Downey Municipal Code.
SECTION 9. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 22n day of June, 1999.
F 1 41
•ith E. McDonnell
i ty Clerk
S:IWPWIMAGDA06221C54RS_CC.DOC
%e .
G Mc aughan . ,' , Mayor
I HEREBY CERTIFY that the foregoing is a true copy of a R olution adopted by the City
Council of the City of Downey at a regular meeting thereof, held on the 22 day of June
1999 by the following vote, to wit:
AYES: 5 Council Members: Lawrence, McCarthy, Perkins, Winningham, McCaughan
NOES: 0 Council Members: None
ABSTAINED:OCouncil Members: None %
/J �dith E. McDonnell, City Clerk
Resolution No. 6274
Downey City Council
EXHIBIT A
CONDI11ONAL USE PERMIT NO. 98-54
CONDITIONS OF APPROVAL
PLANNING
1) This approval is limited to allow the expansion of an existing material recovery
facility (MRF), from 1,500 tons per day (TPD) to 5,000 tons per day (TDP), as shown
on the approved site plan, and herein amended, received by the Downey Planning
Division on April 1, 1999. Deviations or exceptions from said site plan shall not be
permitted without the approval of the Downey Planning Commission. In addition,
prior to June 22, 2000, a report shall be prepared and presented to the Downey City
Council reviewing the operation of the expanded Material Recovery Facility (MRF),
and the MRF's compliance with the City's requirements and approved conditions of
approval.
2) The Downey Planning Commission shall retain jurisdiction to amend or add
conditions with public notice to assure compatibility with the purpose and intent
of the Comprehensive Zoning Ordinance and to protect the public health, safety
and general welfare.
3) All conditions of Conditional Use Permit No. 98-54 shall be complied with
before this conditional use permit becomes valid.
4) This approval shall incorporate conditions of approval of Conditional Use
Permit No. 95 -02 (Resolution No. 1786), except where otherwise amended.
This shall include the operational restrictions under Conditions No. (5) and No.
(6) of CUP 95 -02.
5) The Mitigation Monitoring Program (MMP), attached as Exhibit D, shall
supercede the MMP adopted for previous approvals.
6) Prior to increasing capacity to over 1,500 tons per day, the recordation of Parcel
Map No. 24234 shall be executed by the County Recorder.
7) During the facility's operating hours, there shall be a minimum of four (4) persons
devoted to keeping the site free of litter, dust, and debris outside the building on the
site, on public streets, and on the adjoining flood control wash. A street sweeper
shall be used to assist in complying with this condition.
Condflonal Use Permit No. 98-54 (DART)
June 22, 1999 - Page 1
Resolution No. 6274
Downey City Council
8) The ventilation systems at the site will be kept on at all times, except for routine
maintenance.
9) The misting systems at the site shall be kept on during operational hours.
10)Street markings shall be provided at the intersection of Regentview Road and
Downey - Norwalk Road to prevent vehicles from blocking this intersection.
11)The damaged curb, gutter, sidewalk, or drive approaches shall be replaced to City
standards.
Conditional Use Perm* No. 98-54 (DART)
June 22, 1999 - Page 2
Resolution No. 6274
Downey City Council
SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROPOSED PROJECT,
FINDINGS WITH RESPECT TO SAID EFFECTS, AND STATEMENT OF FACTS IN
SUPPORT THEREOF, ALL WITH RESPECT TO CONDITIONAL USE PERMIT
NO. 98-54 (PROPOSED DOWNEY AREA RECYCLING AND TRANSFER, DART,
EXPANSION PROJECT), CITY OF DOWNEY.
'State CEQA Guidelines (Guidelines) promulgated pursuant to the California
Environmental Quality Act (CEQA) 15rovide in part:
The following potential significant impacts have been separated into three categories:
(1) Those potential impacts that have been determined to be Tess than significant,
based on review of available information in the project record, and in
consideration of existing City standard development review requirements and
existing codes and regulations;
(2) Those potential impacts that could be mitigated to a level that is considered less
than significant with the implementation of the recommended mitigation
measures; and
(3)
EXHIBIT B
CONDITIONAL USE PERMIT NO. 98-54
STATEMENT OF FACTS AND FINDINGS
SECTION 1.
BACKGROUND
"No public agency shall approve or carry out a project for which an EIR
has been certified which identifies one or more significant environmental
effects of the project unless the public agency makes one or more written
findings for each of those significant effects, accompanied by a brief
explanation of the rationale for each finding." (Section 21081 of the
Califomia Environmental Quality Act (CEQA) and Section 15091 of the
CEQA Guidelines)
Those potential impacts that could be reduced with the implementation of the
existing City policies and standards and the recommended mitigation measures,
although the impacts would remain significant (e.g., cannot be reduced to a Tess
than significant level).
Conditional Use Permit No. 9B.54 (DART)
June 22, 1099 - Page 3
Resolution No. 6274
Downey City Council
For potentially significant impacts (categories (2) and (3) above), the City has made one
of the following three findings for each potentially significant impact and provides facts
in support of each finding, in accordance with CEQA Guidelines Section 15091:
• "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 ".
• "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 or can and should be adopted
by such other agency".
• "Specific economic, legal, social, technological or other considerations,
including provision of employment pportunities for highly trained workers,
make infeasible the mitigation measures or project alternatives identified
in the Final EIR ".
The Final EIR (FEIR) identifies certain significant environmental effects which may
occur as a result of the project. Therefore findings are set forth herein pursuant to
Section 15091 of the CEQA Guidelines. As certain significant impacts cannot be
reduced to less than significant levels, a Statement of Overriding considerations is
provided in Exhibit C. Mitigation measures are required by Section 21081.6 of the
Public Resources Code, and a Mitigation Monitoring Program will be adopted as part of
the project Resolution (Exhibit D).
SECTION 2.
EFFECTS DETERMINED TO BE LESS THAN SIGNIFICANT
Based on the evidence in the administrative record, including the City of Downey
General Plan, existing City standard development requirements, the project Draft EIR,
Draft EIR comments and responses, and public hearing minutes, it has been
determined that the proposed project would not have any significant impacts in the
following areas:
LAND USE/RELEVANT PLANNING
4.1 -1 Short term construction-related impacts (page 4.1-8 of the Draft EIR). Project
construction will occur in a predominantly industrial area, and will include
appropriate construction control measures for dust and noise.
Conditional Use Permit No. 98-54 (DART)
June 22, 1999 - Page 4
Resolution No. 6274
Downey City Council
4.1 -3 Consistency with applicable planning documents (pages 4.1 -13 and 4.1 -14 of the
Draft EIR). The project is consistent with the General .Plan, zoning code, Air
Quality Management Plan and other applicable planning documents.
TRANSPORTATION/CIRCULATION
4.2 -1 Project traffic impacts on the local street system (page 4.2 -7 to 4.2 -21 of the
Draft EIR). The project traffic study indicates that no intersections will operate at
unacceptable levels of service due to the project.
4.2 -2 The project would increase traffic on surrounding road segments (pages 4.2 -21
and 4.2 -22). The project will not significantly increase traffic volumes on
surrounding roadways. It should also be noted that the project's truck trips are
already on the street system, and that the project will serve to consolidate these
trips and reduce total truck traffic outside the City.
4.2-4 Access at proposed driveways/entry points (page 4.2 -25 of the Draft EIR).
Internal tuming radii and access allows for adequate circulation.
4.2 -5 Parking would not be significantly impacted (page 4.2 -26 of the Draft EIR). The
project provides for adequate on -site parking.
AIR QUALITY
4.3 -1 Construction- related air emissions (page 4.3 -10 of the Draft EIR). No significant
short -term air quality impacts would occur during project construction, as the
SCAQMD thresholds would not be exceeded.
4.3-4 Regional plan consistency (pages 4.3 -14 to 4.3 -16 of the Draft EIR). The project
is considered consistent with the South Coast Air Quality Management Plan, as it
would implement the AB 939 Source Reduction and Recycling goals and City
General Plan goals, and would reduce regional vehicle miles traveled by
consolidating waste hauling trips into the larger transport trucks.
•■-■ Conditional Use Permit No. 98-54 (DART)
June 22, 1999 - Page 5
Resolution No. 6274
Downey City Council
4.3-5 Sensitive receptors (page 4.3 -17 of the Draft EIR). The project will not
significantly impact the identified sensitive receptors in the area, as the area is
predominantly industrial in nature, the project is not expected to significantly
increase local emissions, and the only nearby residential units are existing non-
conforming uses surrounded by industrial operations.
NOISE
4.4-1 Construction- related noise impacts to adjacent uses (page 4.4 -8 of the Draft
EIR). The project will not require new building construction or grading.
Construction noise will comply with the City's Noise Ordinance, and would occur
in a predominantly industrial area.
4.4-2 Stationary noise impacts to adjacent uses (pages 4.4 -9 to 4.4-11 of the Draft
EIR). Operational equipment will include appropriate noise attenuation and/or
use of quieter electric models, will be used primarily in enclosed areas, and has
been mitigated by constructing a sound wall on the site's westem property line
(as part of the initial facility construction).
4.4 -3 Project traffic noise (page 4.4 -11 of the Draft EIR). Project truck traffic will
increase local noise levels by only 1 dBA CNEL, which is less than significant.
Ambient noise levels at adjacent properties will be consistent with the City's
Noise Ordinance requirements.
DRAINAGEIWATER QUALITY
4.6 -1 Project drainage impacts (page 4.6-1 of the Draft EIR). The project will not
result in significant drainage or water quality impacts, as no grading will be
required for construction, similar operations will occur, and applicable water
quality regulations will still apply to the project (including the NPDES program).
PUBLIC SERVICES AND UTILITIES
(SCHOOLS, POLICE, GAS, ELECTRICITY, TELEPHONE)
4.7 -3 School impacts (page 4.7 -2 of the Draft EIR). The project will not generate
students, and will pay any required school impact fees.
4.7-4 Gas (page 4.7 -3 of the Draft EIR). The Gas Company has not identified any
potential impacts as a result of the project.
Conditional Use Permit No. 98-54 (DART)
June 22, 1999 - Page 6
Resolution No. 6274
Downey City Council
4.7 -5 Electricity (page 4.7 -3 of the Draft EIR). SCE has not identified any potential
impacts as a result of the project.
4.7-6 Telephone (pages 4.7 -3 to 4.7-4 of the Draft EIR). Existing City code and plan
review requirements, as well as provision of necessary facilities by GTE and/or
the developer will reduce any potential impacts to Tess than significant levels.
The potentially significant adverse environmental impacts that can be mitigated are
listed below. The Downey City Council finds that these potentially significant adverse
impacts can be mitigated to a level that is considered less than significant after
implementation of the existing City development review requirements, standards and
codes, as well as mitigation measures identified in the EIR.
LAND USE/RELEVANT PLANNING
Impacts
4.1 -2 Compatibility impacts to surrounding land uses (pages 4.1 -8 to 4.1 -13 of the
Draft EIR). The project is in a predominantly industrial area, and will include
appropriate control of hazardous materials, noise, dust, litter and odor.
Finding
SECTION 3.
EFFECTS DETERMINED TO BE MITIGATED TO
LESS THAN SIGNIFICANT LEVELS
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.
Facts in Su000rt of Finding
As detailed in the Mitigation Monitoring Program (Exhibit "D ") and the Draft EIR, the
above Land Use/Relevant Planning impacts will be mitigated to less than significant
levels. In addition to complying with the City's existing design requirements through the
plan review and approval processes, required mitigation measures include compliance
with Conditional Use Permit and Solid Waste Facility Permit requirements, Vector
Control, Litter Control, Dust Control, and appropriate lighting and landscaping.
• Condftional use Pe,md No. 98-54 (DART)
June 22, 1999 - Page 7
Resolution No. 6274
Downey City Council
TRANSPORTATION /CIRCULATION
!mods
4.2-3 Pavement wear (pages 4.2 -22 to 4.2 -25 of the Draft EIR). The additional project
truck traffic will cause incrementally greater damage to the roadbed, which will
be mitigated through conditions in the CUP.
Finding
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
Facts in Support of Finding
As detailed in the Mitigation Monitoring Program (Exhibit "D") and the Draft EIR, the
above Transportation/Circulation impacts will be mitigated to less than significant levels.
In addition to complying with the City's existing design requirements through the plan
review and approval processes, required mitigation measures include provision of a
protected left fum signal phase at Woodruff /Stewart & Gray, prohibiting parking on
adjacent streets, provision of adequate on -site parking, provision of adequate intemal
turning radii, and prohibiting outbound project truck traffic from 4 PM to 6 PM at the
intersection of Firestone/Stewart & Gray.
AIR QUALITY
I
4.3 -3 Long -tens on -site operational emissions (page 4.3-13 of the Draft EIR).
Stationary sources associated with the project (equipment) will emit pollutants,
and site operations may generate dust and odor.
Finding
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.
Conditional Use Permit No. 98-54 (DART)
June 22, 1999 - Page 8
Resolution No. 6274
Downey City Council
Facts in Support of Finding
As detailed in the Mitigation Monitoring Program (Exhibit "D") and the Draft EIR, the
above Air Quality impacts will be mitigated to less than significant levels. In addition to
complying with the City's existing design requirements through the plan review and
approval processes, required mitigation measures include compliance with SCAQMD
requirements, dust control measures, and energy efficiency measures.
RISK OF UPSET
Impacts
4.5 -1 Seismic hazards (page 4.5-4 of the Draft EIR). Project design will be in
accordance with City and UBC requirements relative to seismic safety.
4.5 -2 Vector hazards (page 4.5 -5 of the Draft EIR). The project will include a Vector
Control Plan, and no waste will be kept on site for more than 48 hours.
4.5 -3 Incidental exposure of workers and adjacent areas to contaminants or volatile
organics (pages 4.5-5 of the Draft EIR). The project will include a Load
Checking Plan and appropriate worker training, and will maintain a Waste Spill
Contingency Plan.
4.5-4 Risk of fire (pages 4.5 -5 to 4.5 -6of the Draft EIR). Appropriate emergency
response training will be provided to workers, and appropriate response
equipment will be maintained on site. The applicant will provide a new or revised
Fire Contingency Plan.
4.5 -5 Employee Safety (page 4.5-6 of the Draft EIR). Workers will receive appropriate
training, and appropriate safety garments will be wom.
Finding
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.
Conditional Use Permit No. 98-54 (DART)
June 22, 1999 - Page 9
Resolution No. 6274
Downey City Council
Facts in SUDDOrt of Findina
As detailed in the Mitigation Monitoring Program (Exhibit "D ") and the Draft EIR, the
above Risk of Upset impacts will be mitigated to less than significant levels. In addition
to complying with existing City, County, regional and federal regulations relative to
MRF/transfer station operation, required mitigation measures include provisions for
adequate public noticing; compliance with all applicable provisions of the approved
Vector Control Plan, Fire Contingency Plan, Waste Spill Contingency Plan, and Load
Cheking Plan; adequate seismic design considerations; adequate worker training and
safety garments; and appropriate emergency response equipment on site.
DRAINAGEIWATER QUALITY
Impacts
4.6-2 Water quality impacts (pages 4.6-1 to 4.6 -2 of the Draft EIR). The project will
comply with NPDES requirements, and will provide Best Management Practices
to minimize the potential downstream water quality impacts.
Findina
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.
Facts in SuDDOrt of Finding
As detailed in the Mitigation Monitoring Program (Exhibit "D") and the Draft EIR, the
above impacts to Drainage/Water Quality will be mitigated to less than significant levels.
In addition to complying with the City's and County's existing design requirements
through the plan review and approval processes, required mitigation measures indude
implementation of Best Management Practices, and a separate containment system for
the Battery/Oil/Paint station.
Condtional Use Permit No. 98-54 (DART)
June 22, 1999 - Page 10
Resolution No. 6274
Downey City Council
PUBLIC SERVICES AND UTILITIES
(POLICE, FIRE, WATER, SEWER)
Impacts
4.7 -1 Police Service (page 4.7 -1 of the Draft EIR). The project will indude adequate
circulation and lighting to facilitate emergency response.
4.7 -2 Fire Service (page 4.7 -2 of the Draft EIR). The project will comply with
applicable code requirements and shall provide adequate fire flows.
4.7 -7 Water service (page 4.7-4 of the Draft EIR). The project shall utilize applicable
water - conserving measures, including on -site fixtures and drought - tolerant
landscaping.
4.7 -8 Sewer (pages 4.7-4 to 4.7 -5 of the Draft EIR). The project shall pay applicable
sewer connection fees as determined by the Los Angeles County Sanitation
District, and may be required to amend the Industrial Wastewater Discharge
permit.
Finding
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.
Facts in Support of Finding
As detailed in the Mitigation Monitoring Program (Exhibit "D ") and the Draft EIR, the
above Public Services and Utilities impacts will be mitigated to less than significant
levels. In addition to complying with the City's existing design requirements through the
plan review and approval processes, required mitigation measures include provisions
for adequate site lighting/access, fire suppression facilities, water conservation
measures, and payment of required sewer service fees.
1111E111 I1 ,i, 1 1 1 11
Conditional Use Remit No. 98-54 (DART)
June 22, 1999 - Page 11
111111111 1111 1111 1111 111 u
Resolution No. 6274
Downey City Council
AIR RESOURCES
Impacts
4.3-2 Long -tern mobile and energy emissions (pages 4.3-10 to 4.3 -13 of the Draft
EIR). Projected vehicle and energy consumption emissions associated with this
project would exceed SCAQMD thresholds for CO, ROG and NOx.
Finding
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.
Facts in Support of Findina
As detailed in the Mitigation Monitoring Program (Exhibit "D") and the EIR, air quality
impacts will be substantially reduced through compliance with existing local, state and
federal air quality regulations, as wells as required mitigation measures. It should also
be noted that the project may actually reduce regional vehicle miles traveled by
reducing the hauling distance for local collection trucks, and by reducing the hauling
trips by consolidating loads into larger transfer station trucks. All potentially significant
impacts that can feasibly be avoided have been eliminated or substantially lessened by
virtue of the mitigation measures identified in the EIR and incorporated into the project
as set forth above and in the Mitigation Monitoring Program (Exhibit "D ").
Finding
SECTION 4.
ENVIRONMENTAL EFFECTS WHICH WOULD REMAIN SIGNIFICANT
AND UNAVOIDABLE AFTER MITIGATION
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 or can and should be adopted by such other agency.
Condtional Use Permit No. 98-54 (DART)
June 22. 1999 - Page 12
Resolution No. 6274
Downey City Council
Facts in Support of Findina
Regional air quality impacts are under the authority and jurisdiction of the Air Resources
Board and South Coast Air Quality Management District (SCAQMD). The SCAQMD
has completed the 1997 Air Quality Management Plan (AQMP), as well as established
a number of Rules and Regulations intended to bring the air basin into compliance with
National Ambient Air Quality Standards. If these measures are not sufficient, the
Federal Environmental Protection Agency has the authority to implement additional
more stringent measures for the air basin as part of a Federal Implementation Plan.
Finding
Specific economic, legal, social, technological or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the Final EIR.
Facts in Su000rt of Findina
Project alternatives addressed in the EIR would either not fulfill the project objectives
(No Project Alternative) or would not avoid the identified significant air quality impacts
(Reduced Intensity Altemative). As these are unavoidable significant impacts, the City
Council has adopted a Statement of Overriding Considerations in accordance with
CEQA Guidelines Section 15093 (see Exhibit "C °). Refer to Section 4, PROJECT
ALTERNATIVES (below) for a more detailed discussion of why the available project
alternatives are not being considered.
Conditional Use Penoti No. 98-54 (DART)
June 22, 1999 - Page 13
Resolution No. 6274
Downey City Council
Section 5 of the Draft EIR evaluates two alternatives, including No Project and Reduced
Intensity Alternatives. These alternatives are summarized in the following matrices
(alternative land uses and alternative sites were evaluated in the previous EIR for the
existing facility, although these are no longer applicable as the "project" is the
expansion of the existing facility):
No Project
Reduced Intensity *
Impact
(compared to Applicant's
proposal)
Less
Similar or Reduced
*
Environmentally superior to the Applicants proposal
The "No Project" altemative would:
The "Reduced Intensity" altemative would:
SECTION 5.
PROJECT ALTERNATIVES
SUMMARY OF ALTERNATIVE IMPACTS
Conditional Use Peimti No. 98-54 (DART)
June 2Z 1999 - Page 14
Feasibility
N
Unknown
The No Project alternative although it would have the least environmental impact,
has been rejected by the City for the following reasons.
• be inconsistent with the AB 939 recycling goals;
• not meet the project objectives; and would
• not preclude construction or expansion of a similar facility at a different location.
• not fully meet the project objectives;
• have reduced fiscal benefits for the City;
• not respond adequately to meeting the City's recyding goals; and would
• not avoid the identified unavoidable significant impacts of the project.
Meet Objectives
N
Partial
The Reduced Intensity Alternative (3,500 tons per day) would have less
environmental impact, although it is not being considered by the City for the following
reasons.
Resolution No. 6274
Downey City Council
EXHIBIT C
CONDITIONAL USE PERMIT NO. 98-54
STATEMENT OF OVERRIDING CONSIDERATIONS
To the extent the significant effects of the project are not avoided or substantially
lessened to a less than significant level, the City of Downey, having reviewed and
considered the information contained in the Environmental Impact Report for the project
(which includes the Draft EIR, Comments and Responses, and public hearing staff
reports and minutes), having reviewed and considered the information contained in the
public record, and having balanced the benefits of the project against the unavoidable
effects which remain, finds that such unmitigated effects to be acceptable in
consideration of the following overriding considerations discussion (in accordance with
CEQA Guidelines Section 15093).
The City Council finds that all feasible mitigation measures have been imposed to
lessen project impacts to the greatest extent possible, and furthermore, that altematives
do not meet the complete objectives of the project, do not provide the overall benefits of
the project, or are otherwise economically infeasible.
The following benefits of the project include, but are not limited to, the following:
1. The project will assist the City in the meeting the AB 939 and General Plan goals
of solid waste recycling.
2. The project will provide additional employment opportunities in the City.
3. The project represents a compatible land use relative to existing surrounding
land uses.
4. The project will result in a net fiscally positive impact to the City, in consideration
of the Business Tax for these types of facilities. These revenues will be used not
only to offset the additional cost of providing services to the project, but also to
improve currently deteriorated road conditions in the project area.
Although the Final EIR identifies mobile air emissions as "unavoidable ", this is based on
strict application of significance thresholds established by the South Coast Air Quality
Management District, and does not take into account that these mobile emissions
would likely occur with or without the project as other facilities would be required to
accommodate the recycling demand. In addition, the project would likely result in a
regional reduction in air emissions by consolidating truck trips at the transfer station,
allowing for fewer trips to the landfill.
Conditional Use Permit No. 98-54 (DART)
June 22, 1999 - Page 15
RESOLUTION NO. 6274
Downey Area Recycling and Transfer (DART)
Expansion EIR (CUP 98-54)
EXHIBIT D
CITY OF DOWNEY ARIAA $ECYCL & TRANSFER (DART) EXPANSION EIR
MITIGATION MONITORING AND REPORTING PROGRAM
The California Environmental Quality Act (CEQA) requires that when a public agency
completes an environmental document which includes measures to mitigate or avoid
significant environmental effects, the public agency must adopt a reporting or monitoring
program. This requirement ensures that environmental impacts found to be significant will
be mitigated. The reporting or monitoring program must be designed to ensure compliance
during project implementation (Public Resources Code Section 21081.6).
In compliance with Public Resources Code Section 21081.6, the attached MITIGATION
MONITORING AND REPORTING CHECKLIST, has been prepared for the DART Facility
Expansion Project. This Mitigation Monitoring and Reporting Checklist is intended to provide
verification that all applicable Conditions of Approval relative to significant environmental
impacts are monitored and reported. Monitoring will include: 1) verification that each
mitigation measure has been implemented; 2) recordation of the actions taken to implement
each mitigation; and 3) retention of records in the DART Facility project file.
This Mitigation Monitoring Program delineates responsibilities for monitoring the project, but
also allows the City of Downey flexibility and discretion in determining how best to monitor
implementation. Monitoring procedures will vary according to the type of mitigation
measure. Adequate monitoring consists of demonstrating that monitoring procedures took
place and that mitigation measures were implemented.
Reporting consists of establishing a record that a mitigation measure is being implemented,
and generally involves the following steps:
• The City of Downey distributes reporting forms to the appropriate agencies or City
departments or employs the City's existing reporting process for verification of
compliance.
• Responsible entities verify compliance by signing the monitoring and reporting form
and/or documenting compliance using their own internal procedures when monitoring
is triggered.
• Responsible parties provide the City of Downey with verification that monitoring has been
conducted and ensure, as applicable, that mitigation measures have been implemented.
• The City of Downey or applicant prepares a reporting form every two months during the
construction phase and an annual report summarizing all project mitigation monitoring
efforts.
Minor changes to the Mitigation Monitoring and Reporting Program, if required, would be
made in accordance with CEQA and would be permitted after further review and approval
by the City of Downey. Such changes could include reassignment of monitoring and
reporting responsibilities and/or program redesign to make any appropriate improvements.
No change will be permitted unless the Mitigation Monitoring and Reporting Program
continues to satisfy the requirements of Public Resources Code Section 21081.6.
April21, 1999
Page 1of16
RESOLUTION NO. 6274
In general, implementation of the Mitigation Monitoring and Reporting Program will require
the following actions:
• Appropriate mitigation measures will be included in construction documents.
• Departments/agencies with reporting responsibilities will review the EIR, which provides
general background information on the reasons for including specified mitigation
measures.
• Problems or exceptions to compliance will be addressed to the City of Downey as
appropriate.
• Periodic meetings may be held during project implementation to report on compliance
of mitigation measures.
Downey Area Recycling and Transfer (DART)
Expansion EIR (CUP 98-54)
April21, 1999
Page 2of16
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RESOLUTION NO. 6274
Resolution No.
Downey City Council
Planninv Division
EXHIBIT E
CONDITIONAL USE PERMIT NO. 98-54
RESOLUTION NO. 1786 CONDITIONS OF APPROVAL
(FOR REFERENCE PURPOSES)
Conditions of Approval
Conditional Use Permit #95 -02
1. This approval is granted to Calsan Inc. for construction of a 77,750± square foot materials
recovery and transfer facility; with a battery /oil/and paint disposal center; grinder; 1,000 square
foot recycling buy -back building; 8,000± square foot, 2 -story office building and viewing areas;
as shown on the approved plot plan dated March 17, 1995. The maximum allowable capacity of
this facility is limited to 1,500 tons per day of recyclables/waste. Deviations or exceptions from
said plot plan shall not be permitted without the approval of the City Planning Commission at
a noticed public hearing.
This approval shall expire within 12 months of the date of this approval if Calsan has not
exercised its rights under this conditional use permit within this time period. Prior to the
expiration date, the applicant may request a 12 month extension. Any additional extensions
shall require filing a new conditional use permit application.
2. The Planning Commission shall retain jurisdiction to amend or add conditions with public notice
to assure compatibility with the purpose and intent of the Comprehensive Zoning Ordinance and
to protect the public health, safety and general welfare.
3. All conditions of Tentative Parcel Map No. 24234 and the attached Exhibit "D" - Mitigation
Monitoring Program, shall also be the conditions of approval of this application.
4. Within 30 days of issuance of the Certificate of Occupancy and issuance of a solid waste permit
from the State of California Integrated Waste Management Board for operation of the materials
recovery and transfer facility (Phase II), the applicant shall remove or relocate the materials
recovery facility for pre - sorted recyclables located on the property at 9821 Downey- Norwalk
Road (Conditional Use Permit No. 95 -13 - Phase I).
5. All operations shall be conducted within the buildings. All waste must be removed within 48
hours and no waste may be stored or tipped outside the buildings. Any recyclable commodities
stored outside the building shall be contained within storage bins with coverings provided over
the openings.
Conditional Use Permit No 98-54 (DART)
June 22, 1999 - Page t.
RESOLUTION NO. 6274
Resolution No.
Downey City Council
6. No shall be permitted on the properties. Any greenwaste materials brought onto the
property for grinding shall be removed within 48 hours. All such operations and temporary
storage for greenwaste material shall be inside the MRF/Transfer building.
7. The applicant shall obtain permits, including the submittal of a parking and drainage plan, for
the temporary parking lot located at the southeast comer of Downey - Norwalk Road and
Regentview Avenue.
8. The applicant shall receive approval from the City Design Review Board for all buildings,
materials, colors, landscaping and irrigation and signs. The proposed MRF/Transfer building
shall have landscaping surrounding it, where feasible, to provide the appropriate human scale.
9. The applicant shall install perimeter block walls 5' -1/2" to 8' in height along the easterly property
line adjacent to the flood control right -of -way; adjacent to the southerly property line, abutting
SEAACA; and adjacent to the westerly property line abutting Park Water.
10. Parking, driveway, and landscaping areas shall be fully paved and maintained as installed as
required by Sections 9150 and 9152 of the Downey Municipal Code and the City's Engineering
Division.
11. Trash storage areas shall be provided and permanently maintained either in the building or on
the property having a minimum size of fifty (50) square feet in area. Said outside storage shall
be enclosed with a solid masonry or opaque metal wall and appropriate gate, and said enclosure
shall not be less than five feet nor more than seven feet in height, as shown on the approved plot
plan. All storage maintained within the trash storage area shall not extend above the height of
the required wall. No trash receptacles or storage shall be maintained in required parking spaces
or driveways.
12. Tentative Parcel Map No. 24234 must receive final map approval by the City Council.
Engineering
13. Five feet (5') shall be dedicated for right -of -way purposes along Downey Norwalk Road and
comer radius to the standards of the City Engineering Division.
14. Standard width sidewalk and handicapped ramp(s) shall be installed along Regentview Avenue
and Downey - Norwalk Road. Said improvements shall be permanently maintained to the
standards of the Department of Public Works and the City Engineering Division. Any damaged
curb, gutter, sidewalk, or drive approaches shall be replaced to City standards.
Conditional Use Permit No. 99.64 (DART)
June 22, 1999 - Page
Exhibit E
Resolution No. 6274
Downey City Council
15. An engineered grading plan and/or drainage plan for the site (prepared by a registered civil
engineer) shall be submitted by the developers for approval by the Engineering Division and
Building and Safety Division, and all lots shall drain to Downey Norwalk Road, San Gabriel
River Channel, and have not less than a one (1 %) percent grade, and whenever the grade
differential exceeds one foot, a retaining wall shall be provided.
Building and Safety Division
16. All electrical and telephone utilities shall be installed underground or at the rear lot lines to the
standards of the City Engineering Division and Building and Safety Division.
17. Obtain all necessary plan approvals and permits.
HA PLANNINGVARRINVCASESICUP1C980541CC1c54rs ex.doc
Conditional Use Permit No. 98-54 (DART)
June 22, 1999 - Page-$
Exhibit E