HomeMy WebLinkAbout5. PLN-13-00013 - Code AmendmentSTAFF REPORT
DATE:
May 1, 2013
TO:
PLANNING COMMISSION
FROM:
BRIAN SAEKI, COMMUNITY DEVELOPMENT DIRECTOR
MARK SELLHEIM, PRINCIPAL PLANNER
SUBJECT:
PLN – 13 – 00013: A ZONE TEXT AMENDMENT PERMITTING
RESTAURANTS IN THE C-P ZONE TO HAVE LIVE ENTERTAINMENT,
SUBJECT TO A CUP.
CEQA
Staff reviewed the requested Zone Text Amendment for compliance with the California
Environmental Quality Act (CEQA), and concluded that the amendment, which is not exempt from
CEQA, will not have a significant effect on t he environment, and prepared a Negative Declaration
for it.
RECOMMENDATION:
Staff recommends the Planning Commission adopt the following-titled resolution:
A RESOLUTION OF THE PLANNNING COMMISSION OF THE CITY OF DOWNEY
RECOMMENDING THE CITY COUNCIL REVISE THE MUNICIPAL CODE RELATING TO
RESTAURANTS IN THE PROFESSIONAL OFFICE (C-P) ZONE BY PERMITTING THEM TO
HAVE LIVE ENTERTAINMENT, UPON APPROVAL OF A CONDITIOAL USE PERMIT AND
ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (ZONE TEXT
AMENDMENT PLN-13- 00013).
PUBLIC HEARING DATE:
May 1, 2013
LOCATION
Professional Office (C-P) zone -- City-wide
BACKGROUND
In August 2012, the City Council initiated a zone text amendment involving restaurants in the
Professional Office (C-P) zone. City Council members directed Community Development staff
to prepare an amendment that would permit restaurants in the C-P zone to have live
entertainment, subject to the approval of a condi tional use permit (CUP). Currently restaurants
are listed as a permitted use in the C-P zone, but are not permitted to have live entertainment,
according to the Zoning Ordinance.
Parity is the reason for initiating the amendment: it will provide restaurant owners in the C-P
zone with the same opportunity their counterparts enjoy in the City’s other commercial zones.
Restaurants in the General Commercial (C-2), Central Business District (C-3) and Commercial
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
Zone Text Amendment
Restaurants/Live Entertainment C-P zone
Manufacturing (C-M) zones are permitted to have liv e entertainment, subject to the approval of
a CUP. Restaurants with live entertainment are also listed as a conditional use in the City’s
specific plan zones, such as the Downtown Sp ecific Plan. Essentially, the C-P zone may be
considered out-of-date with the absence of a provision permitting live entertainment.
Recent approvals for live entertainment in Do wney’s other commercial zones have taken the
form of live bands, karaoke, and dancing to both a disc jockey and recorded music; other kinds
of entertainment could include comedy, readings, or acting.
“Office” is the General Plan category that corresponds with the C-P zoning classification. Some
of the land uses that this General Plan category envisions, include professional and general
offices, medical and dental offices and financial institutions, such as banks. Moreover, this
General Plan category’s land uses are intended to be compatible with residential uses due to
their proximity to each other in Downey. As will be discussed later in this report, most of the
city’s C-P zoned properties front on major streets and back up to residentially-zoned and
developed properties.
DISCUSSION
The purpose of the Professional Office (C-P) zone, as outlined in the Zoning Ordinance is as
follows:
The C-P zone is intended to provide for the development of integrated office and
professional office areas wherein related types of uses and facilities may also be located.
The provisions of this zone are intended to encourage the most desirable relationship of
permitted uses and to provide a transition between more intensive commercial activities and
residential areas.
Simply put, the intent of the C-P zone is to encourage the development of professional offices
and similar uses in a compatible manner. While the purpose of restaurants in the C-P zone, is
to serve as an ancillary use to an office complex, which is the principal development-type in this
zoning district. The floor area threshold for restaurants illustrates their status as an ancillary
use. Restaurants, cafes, and coffee establishments are listed as permitted uses, but they can
not exceed more than 10% of the floor area of the building they occupy, according to Zoning
Ordinance Section 9314.04. In terms of developm ent, the C-P classification envisions 2- and 3-
story garden office projects housing professional offices (think of the office buildings along
Florence Avenue, between Lakewood and Paramount Boulevards) with a restaurant supporting
office employees by offering restaurant service. A 10% floor area cap applies likewise to
restaurants in the Hospital Medical Arts (H-M) zone.
Office Complex at 8077-8111 Florence Avenue – C-P Zone
May 1, 2013 -- Page 2
Zone Text Amendment
Restaurants/Live Entertainment C-P zone
This ancillary status can be traced back to the Zoning Ordinance that was in effect before the
2008 Zoning Code Update. Before 2008, restaurant(s) in the C-P zone were listed as a
conditional use with the stipulations that it must be located within the main building of an office
complex and it must be ancillary to the building’s primary uses -- professional offices.
Staff believes the proposed zone text amendment will not undermine the stated purpose of the
C-P zone, since the operating hours of professional offices generally differ from the hours that
restaurants typically feature live entertainment. Professional offices, as a general rule, are open
during daytime hours, usually between 8 and 9 a.m. and 5, or 6 p.m., while live entertainment
activities at restaurants typically start later in the evening, such as 8 or 9 p.m.
Still, to help insure there is no overlap and potential incompatibility between uses, Staff
recommends, as part of this amendment, that restaurants proposing live entertainment should
file a CUP. A conditional use permit application will enable the Planning Commission to
evaluate each request to ensure that live entertainment activities don’t impact neighboring uses;
plus it will provide Commissioners with the opportunity to impose safeguarding conditions of
approval. Some examples of conditions include restricting the hours of permitted live
entertainment, limiting the number of musicians/s ingers or limiting the size of the performance
area.
Professional Office (C-P) Zoning Districts
There are ten (10) locations in Downey zoned Professional Office (C-P). They range in size
from single properties to entire districts, like the office district that lines both sides of Florence
Avenue, between Lakewood and Paramount Boulevards. Each location is briefly described with
the numbering corresponding to the locations shown on the attached exhibit.
Florence Avenue District
1. . Properties that make up this district front both sides of
Florence, between Paramount and Lakewood Boulevards. Office buildings occupy most
of the district’s approximately sixty properties, plus it’s considered to be the principal
office district in Downey. Other uses include a handful of churches and single-family
residences. This district contains more properties than the other C-P districts, plus it has
the largest parcels. The three largest range from 66,000 to 90,000 square feet, which is
slightly more than two (2) acres. This district was originally developed with residential
uses, but in the 1970s properties began to transition to office uses through the City’s
zone exception process. In response to the development trend, the City Council
rezoned the district in June, 1978 from residential to C-P.
Office Complex at 8280 Florence Avenue – C-P Zone
May 1, 2013 -- Page 3
Zone Text Amendment
Restaurants/Live Entertainment C-P zone
Lakewood Boulevard District
2. . Properties comprising this district line the west side of
Lakewood Boulevard, across from Stonewood Center, between roughly Firestone
th
Boulevard on the south to 5 Street on the north. Nine of the district’s 21 properties are
developed with single-family residences, 8 support office buildings, while apartments
and service commercial businesses occupy the balance. As the mix illustrates, the area
is still in transition from residential to office use. The most recent office building to be
developed in the Lakewood district was in 2007. Pr operties in the district were originally
designated R-3, but rezoned to C-P shortly after the Planning Commission approved the
first office building there in April, 1977: the 2-story office building at 11103 Lakewood
Boulevard. Recently, the practice in the Lak ewood district is to consolidate two or three
lots and develop an office building on the assembled parcel. Developers/property
owners find it easier to comply with development standards with an assembled parcel,
plus larger parcels allow for greater design flexibility.
Paramount Boulevard District
3. . Properties in this district front the west side of
rd
Paramount Boulevard, between 3 Street on the south and Harper Avenue on the north.
Its land uses include nine (9) office buildings, two apartment complexes, two single-
family residences and a hospice. These properties, like those in the Lakewood District,
were originally zoned R-3, but were rezoned when the area started to transition to office
buildings through the zone exception process. Properties in this district range in size
from 5,000 to 29,590 square feet.
Downey Avenue District
4. . Eleven properties comprise this district. They front both
sides of Downey Avenue, between Iowa and Texas Streets, plus it includes the
properties that occupy the northwest and southwest corners of Downey and Arnett
Streets. Properties occupying the east side of Downey Avenue include the addresses
ranging from 11502 to 11560 Downey Avenue (e ven-numbered addresses only), while
properties on the west side of Downey include 11509 and 11525 Downey Avenue, along
with 8261 and 8268 Arnett Street. Land uses occupying these properties consist of a
few single-family residences 1- and 2-story office buildings and a parking lot.
11610 Lakewood Boulevard
5. is an individual parcel that’s located on the east side of
Lakewood, across from the Coca Cola bottling plant. The site totals 2.65 acres and it
supports a two-story, 28,000 square foot building that is home to the Desert Reign
Church and a stand-alone 9,000 square foot Davita dialysis clinic. In September, 2005,
the City Council rezoned the property to C-P because: 1) the C-P designation is the
zoning classification that is consistent with the property’s “Office” General Plan category;
and 2) the property owner wanted to build a church there and the C-P zone could
accommodate that use. Properties bordering this parcel are zoned General
Commercial and R-3 and they support a townhouse project, apartment complexes and a
small retail center.
9701 Lakewood Boulevard
6. . This parcel is on the west side of Lakewood, between
Gallatin Road and Florence Avenue. It measures 17,575 square feet and its
improvements consist of a recently-remodeled, 6,000 square medical office building.
Properties north of it are zoned C-2, while the adjoining properties to the west and south
are zoned R1-10,000 and developed with single-fa mily residences. This medical office
building is a good example of the C-P zone serving as a transition, or buffer between the
more intense C-2 commercial uses and residential uses.
7800 thru 7814 Florence Avenue
7. . For this location, the C-P zone encompasses the
westernmost eight tenant spaces of Rives Square, a neighborhood-serving retail center
May 1, 2013 -- Page 4
Zone Text Amendment
Restaurants/Live Entertainment C-P zone
that occupies the south side of Florence Avenue, between Rives and Tweedy Avenue.
The portion of the center zoned C-P encompasses eight tenant spaces with addresses
ranging from 7800 through 7814 Florence Avenue. The zone exception case that was
approved for the center includes uses that can be established in the portion that’s zoned
C-P; also permitted of course are the C-P zone’s list of uses. In October, 1964, the
Planning Commission approved Zone Exception Case No. 517, which permitted the
establishment of business uses, such as professional, medical and general offices,
along with service commercial and retail uses. The balance of Rives Square, which
encompasses the bulk of the center, is zoned C-1 (Neighborhood Commercial); this
designation encompasses 19 tenant spaces with the addresses ranging from 7816
through 7852 Florence Avenue.
8607 Imperial Highway
8. is a single property located on the north side of Imperial,
between Lakewood Boulevard on the east and Bellder Drive on the west. The parcel
measures 16,670 square feet and it supports a 2-story office building.
12136 – 52 Downey Avenue.
9. This parcel is located on the east side of Downey
Avenue, just north of Alameda Street and it maintains two zoning classifications: the
northerly portion, about 106 feet of Downey Avenue frontage, is zoned C-P and
measures 10,700 square feet, while the southerly part is zoned C-2 and contains 7,437
square feet. A one-story, 10,700 square foot retail center occupies this property.
8321 Imperial Highway/12564 Downey Avenue.
10. Two adjoining properties make up
this last location and together they occupy the northeast corner of the Imperial
Highway/Downey Avenue intersection. A dentist office sits on the corner property, while
a church (Imperial Highway Church of Christ) occupies the easterly parcel. According to
the assessor’s map book page, the church site totals 58,580 square feet, or 1.4 acres,
while the dentist property measures 7,450 square feet. .
Separation Requirement
Restaurants providing live entertainment could pose challenges to neighboring uses with
respect to compatibility. Related to this issue is the likelihood that adding live entertainment will
change the character of a restaurant. Rather than just serving meals at breakfast and lunch to
office employees who work in the same building or nearby, which is the intent currently, the
operating hours of a restaurant with live entertainment will extend into the nighttime hours.
There is also the possibility that a restaurant will develop into a destination rather than just
serving as a convenience. As a consequence, a restaurant’s nighttime impacts may increase
(e.g., parking, lighting and noise), while during that same time period, the sensitivity of
neighboring residents will heighten since they’ll be engaged in noise-sensitive nighttime
activities, coupled with the fact that the area’s ambient noise levels will be decrease.
In light of the potential impacts, Staff recommends establishing a minimum distance requirement
between the building housing the restaurant and the nearest residentially-zoned property. In
Downey, the predominant zoning pattern involving C-P zoned properties has them fronting
major streets, while their rear yards back up to residentially-zoned properties. In light of this
arrangement, Staff suggests establishing a minimum distance of 100 feet between restaurants
with live entertainment and the nearest residentially-zoned property. The minimum distance
requirement, along with the safeguards provided through the CUP process should mitigate any
impacts.
May 1, 2013 -- Page 5
Zone Text Amendment
Restaurants/Live Entertainment C-P zone
Currently, there are two restaurants in Downey that occupy properties with the C-P zoning:
Masa Sushi, located in Rives Square at 7808 Florence Avenue and The Palms restaurant. The
Palms occupies the ground floor of the 3-story office building at 8060 Florence Avenue
(southwest corner Florence Avenue/Western Avenue). Both restaurants, like most C-P zoned
properties in Downey, back up to residentially-zo ned properties. About 40 feet separate Masa
Sushi from the nearest-residentially-zoned property, while The Palms satisfies the
recommended 100-foot separation requirement; the nearest residentially-zoned property is
about 250 feet behind it.
The Palms Restaurant -- 8060 Florence Avenue
A restaurant has been operating at 8060 Florence Avenue since 1964, when the office building
was constructed. In December, 1964, the Planning Commission approved Zone Exception
Case No. 534, an entitlement to develop the 3-story office building for professional, medical and
general offices. At that time, the property was zoned R1-5,000 and the zone exception allowed
for the deviation from the residential zoning. The entitlement also included a restaurant that
served liquor, which was considered secondary to the restaurant’s operation.
Findings
That the requested amendment is necessary and desirable for the development of the
community and is in the interests or furtherance of the public health, safety and general welfare.
The requested amendment (i.e., allowing restaurant owners in the C-P zone to have live
entertainment, upon approval of a CUP) will provide restaurant owners in the C-P zone with the
same development opportunities that restaurant owners have in the City’s other commercial
zones. Establishing live entertainment as a conditional use will further the general welfare of
the community in that the Planning Commission will examine each application to insure that a
restaurant with live entertainment and the activities that accompany it are compatible with
neighboring uses.
That the proposed amendment is in general conformance with the General Plan. Restaurants
are permitted uses in the C-P zone and C-P zoned properties maintain the conforming Office
General Plan category.
May 1, 2013 -- Page 6
RESOLUTION NO._______
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
RECOMMENDING THE CITY COUNCIL REVISE THE MUNICIPAL CODE
RELATING TO RESTAURANTS IN THE PROFESSIONAL OFFICE (C-P) ZONE
BY PERMITTING THEM TO HAVE LIVE ENTERTAINMENT, UPON APPROVAL
OF A CONDITIONAL USE PERMIT AND ADOPT A NEGATIVE DECLARATION
OF ENVIRONMENT IMPACT (ZONE TEXT AMENDMENT PLN–13–00013).
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS
FOLLOWS:
SECTION 1
. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. The City Council of the City of Downey directed City Staff to prepare a zone text
amendment that would permit restaurants in the Professional Office (C-P) zone to
have live entertainment, upon approval of a conditional use permit; and
B. The Planning Commission held a duly-noticed public hearing on May 1, 2013 and,
after fully considering all oral and written testimony and facts and opinions offered
at the aforesaid public hearing, adopted Resolution No. _____, recommending
approval to the City Council.
SECTION 2
. Having considered all of the oral and written evidence presented to it at said
public hearing, the Planning Commission further finds, determines and declares that:
A. That the requested amendment is necessary and desirable for the development of
the community and is in the interests or furtherance of the public health, safety,
and general welfare. The requested amendment (i.e., allowing restaurant owners
in the C-P zone to have live entertainment, upon approval of a CUP) will provide
restaurant owners in the C-P zone with the same opportunity that their
counterparts presently have in the City’s other commercial zones and specific plan
areas. Establishing live entertainment as a conditional use will further the general
welfare of the community in that the Planning Commission will examine each
application to insure that a restaurant with live entertainment and its
accompanying activities are compatible with neighboring uses.
B. That the proposed amendment is in general conformance with the General Plan.
Restaurants are listed as permitted uses in the Professional Office (C-P) zone,
while the C-P zone conforms with the “Office” General Plan category.
SECTION 3
. The Planning Commission recommends the City Council amend Article IX,
Chapter 3, Section 9314.04(a) of the Municipal Code from not permitting restaurants in the
C-P zone to have live entertainment (i.e., Not Permitted) to allowing them to have live
entertainment, upon approval of a conditional use permit (C).
SECTION 4
. The Planning Commission further recommends that the City Council amend
Article IX, Chapter 3, Section 9314.04(d) by adding a special condition to the “Notes and
Exceptions” column of Table 9.3.5 relating to restaurants with live entertainment as a
conditional use in the C-P zone that the building housing the restaurant shall be a
minimum of 100 feet from the nearest residentially-zoned property.
Resolution No.
Planning Commission
SECTION 5
. The Planning Commission further finds, determines and declares that:
A. An Initial Study and Negative Declaration were prepared for Zone Text Amendment
PLN–13–00013 in accordance with the provisions of the California Environmental
Quality Act (CEQA), state CEQA Guidelines and the City of Downey’s Procedures
for Implementing CEQA.
B. The Initial Study and proposed Negative Declaration were made available to the
public and interested parties for review and comment from April 5, 2013 to April 26,
2013.
C. The Planning Commission held a public hearing on May 1, 2013, at which time
evidence was heard on the Initial Study and proposed Negative Declaration. At the
hearing, the Planning Commission fully reviewed and carefully considered the
environmental documents, together with the comments received during the public
review period.
D. In view of the foregoing, the Planning Commission recommends the City Council of
the City of Downey adopt the propos ed Negative Declaration prepared for Zone
Text Amendment PLN–13–00013, along with its finding and conclusions.
SECTION 6
. Based upon the findings set forth in this Resolution, the Planning
Commission of the City of Downey recommends the City Council approve Zone Text
Amendment PLN–13–00013.
SECTION 7
. The Secretary shall certify the adoption of this Resolution.
st
PASSED, APPROVED AND ADOPTED this 1 day of May, 2013.
Louis Morales, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the
st
Planning Commission of the City of Downey at a regular meeting thereof held on the 1
day of May, 2013, by the following vote, to wit:
AYES; COMMISSIONERS:
ABSENT: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONER:
Mary Cavanagh, Secretary
City Planning Commission
Zone Text Amendment PLN–13-00013
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Z A PLN – 13 - 00013
ONE TEXT MENDMENT
Initial Study/Negative Declaration
INITIAL STUDY OF ENVIRONMENTAL IMPACTS AND PROPOSED
NEGATIVE DECLARATION FOR
ZONE TEXT AMENDMENT PLN – 13 – 00013
(Applicant: City of Downey)
1. INTRODUCTION
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Office (C-P) zone to have live entertainment, s ubject to the approval of a condition use permit
(CUP).
This Initial Study and proposed Negative Declaration were prepared in accordance with the
provisions of the California Environmental Q uality Act (CEQA), as amended. The environmental
documents were prepared to determine whether allowing restaurants in the C-P zone to have live
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significant adverse impacts and to assess the extent of those impacts.
Organization and Content of Initial Study
The Initial Study contains analyses and other supportive evidence by which the Lead Agency, the
City of Downey, can determine whether the appr oval of the proposed zone text amendment will
create a significant adverse environmental effect(s). ,WVIRUPDWDQGVWUXFWXUHUHIOHFWVWKH&LW\¶V
Initial Study Checklist provided herein (Section 3). The following discussion outlines the contents of
the Initial Study.
Section 1., Introduction , provides the procedural context surrounding the preparation of the Initial
Study and insight into its composition.
Section 2., Project Location/Description, describes the proposed project, its location and the
surrounding setting.
Section 3., Initial Study Checklist, is the form summarizing the contents of the two sections that
follow, particularly with regard to the issue-by-issue determination of a significant impact. It also
VHUYHVDVWKHGRFXPHQWLQZKLFKWKH/HDG$JHQF\¶ s determination is formally declared and signed.
Section 4., Discussion of Environmental Evaluation describes the environmental effects that are
anticipated to result from implementing the proposed zone text amendment.
Section 5., Mandatory Findings of Significance provides a discussion of how, or in what way, if any,
the application/project may adversely impact RQHRIWKH&KHFNOLVW¶VHQYLURQPHQWDODUHDV
2. PROJECT LOCATION DESCRIPTION
/
The City of Downey is an urbanized community in southeast Los Angeles County, located about 12
miles southeast of downtown Los Angeles. The city is bounded by Telegraph Road and the San
Gabriel River on the north and east, respectively, while the Rio Hondo River borders it on the west
and Gardendale Street and Foster Road define its southerly boundary.
Cities bordering Downey include: Pico Rivera on the north, Santa Fe Springs on the northeast,
Norwalk on the east, Bellflower and Paramount on the south, South Gate on the west and the City
of Commerce on the northwest. In addition to the neighboring cities, Downey is bracketed by four
freeways: Interstate 105 (Glenn Anderson freeway ) and Interstate 710 ( Long Beach freeway) on the
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south and west, respectively, while Interstate 5 (Santa Ana freeway) borders it on the north and the
San Gabriel River freeway (Interstate 605) roughly defines its easterly boundary.
2.1 PROJECT DESCRIPTION
7KH³3URMHFW´LVD]RQHWH[WDPHQGPHQWWKDWFRQWHP plates permitting restaurants located in the C-P
zone to have live entertainment, subject to the approval of a conditional use permit.
2.2 ENVIRONMENTAL SETTING
City of Downey .
Downey is a built-out community that was developed primarily in the 1950s and
60s and is part of the greater Los $QJHOHVDUHD'RZQH\¶VODQGDUHDWRWDOVDERXWVTXDUHPLOHV
and its topography is nearly level. Elevations r ange from approximately 90 feet above sea level in
the southern part of the community to about 140 feet in the northernmost portion. Approximately
61% of the city is developed with residential uses, while commercial and manufacturing areas make
up about 20%. Open space accounts for about 8%. The balance is devoted to schools and public
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111,000.
Affected Properties
. The requested zone text amendment pertains to the properties that are
zoned Professional Office, C-P. There are ten (10) locations in the City with that zoning (see
attached map), ranging in size from individual properties to entire districts. Each location is briefly
described below.
Florence Avenue District . Properties that make up this district front on both sides of Florence
Avenue, between Paramount and Lakewood Boulevards . One and two-story office buildings
RFFXS\PRVWRIWKHSURSHUWLHVDQGLW¶VFRQVLGHUHGWREHWKHSULQFLSDORIILFHGLVWULFWLQWKH
community. Other uses in this district include a handful of churches and single-family
residences.
Lakewood Boulevard District . Properties that comprise this district line the west side of
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Lakewood Boulevard, between roughly Firestone Boulevard on the south and 5 Street on the
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single-family dwellings, eight support office buildings, with service commercial uses and
apartment buildings occupying the balance.
Paramount Boulevard District . Properties in this district front on the west side of Paramount
rd
Boulevard, between 3 Street on the south and Harper Avenue on the north. Its land uses
include nine office buildings, two apartment complexes, two single-family dwellings and a
hospice.
Downey Avenue District . Eleven properties comprise this district. And they front both sides of
Downey Avenue, between Iowa and Texas Streets; they also include the properties on the west
side of Downey Avenue that occupy the northwe st and southwest corners of Downey and Arnett
Streets. Properties fronting the east side of Downey Avenue, include the addresses ranging
from 11502 to 11560 Downey Avenue (even-numbered addresses only), while properties on the
west side of Downey include 11509 and 11525 Downey Avenue, along with 8261 and 8268
Arnett Street. Land uses occupying these properti es include a few single-family residences, 1-
and 2-story office buildings and a parking lot.
11610 Lakewood Boulevard . This parcel is on the east of Lakewood, across from the Coca-
Cola bottling plant. The site totals 2.65 acres and it supports a 2-story, 28,000 square foot
building, that is home to the Desert Reign church, and a 9,000 square foot Davita dialysis clinic.
9701 Lakewood Boulevard . This parcel is on the west side of Lakewood Boulevard, between
Florence Avenue and Gallatin Road. The property measures 17,575 square feet and its
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improvements consist of a recently-remodeled 6,000 square foot medical office building.
7800 thru 7814 Florence Avenue (westernmost eight tenant spaces of Rives Square). Rives
Square is a neighborhood-serving reta il center that occupies the south side of Florence Avenue
between Rives and roughly Tweedy Avenue. The por WLRQWKDW¶V]RQHG&3HQFRPSDVVHVHLJKW
tenant spaces whose addresses range from 7800 thru 7814 Florence Avenue. The balance of
the center is zoned C-1 and that portion encompasses 19 spaces ranging from 7816 through
7852 Florence Avenue.
8607 Imperial Highway is a single property located on the north side of Imperial, between
Lakewood Boulevard and Bellder Drive. It meas ures 16,670 square feet and supports a 2-story
office building.
±'RZQH\$YHQXH . This parcel is located on the east side of Downey Avenue, just
north of Alameda Street and it maintains two z oning classifications: the northerly portion, about
106 feet of Downey Avenue frontage, is zoned C-P and measures 10,700 square feet, while the
southerly part is zoned C-2 and contains 7,437 square feet. A one-story, 10,700 square foot
retail center with four tenant spaces occupies this property.
8321 Imperial/12564 Downey Avenue . Two adjoining properties ma ke up this last location and
together they occupy the northeast corner of the intersection or Imperial Highway and Downey
Avenue. A dentist office sits on the corner proper ty, while a church (Imperial Highway Church
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59,580 square feet, or 1.4 acres, while the dentist property measures 7,450 square feet.
2.3 DISCRETIONARY APPROVAL AUTHORITY
The Initial Study and proposed Negative Declaration will be used in connection with the
consideration of the requested zone text amendm ent. Approving the amendment involves the
following process:
The Planning Commission first considers the am endment. They serve as an advisory body
and forward their recommendation to the City Council.
City Council is the decision-making body that decides on the amendment.
2.4 ENVIRONMENTAL CHECKLIST
2.4.1. Background
2.4.2. Project Title: Zone Text Amendment PLN - 13 - 00013
2.4.3. Lead Agency Name and Address:
City of Downey
Community Development Department
11111 Brookshire Avenue, Downey, CA 90241
2.4.4. Contact Person and Phone Number:
Mark Sellheim, Principal Planner (562) 904-7154
2.4.5. Project Location:
All C-P (Professional Office) zoned properties throughout the Downey.
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ONE TEXT MENDMENT
Initial Study/Negative Declaration
3URMHFW6SRQVRU¶V1DPHDQG$GGUHVV
City of Downey
11111 Brookshire Avenue
Downey, CA 90241
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2.4.8. Zoning District: Professional Office (C-P)
2.4.9 Description of Environmental Document and Project:
This Initial Study and proposed Negative Declaration were prepared in accordance with
the California Environmental Quality Act (CEQA) of 1970, as amended, and State CEQA
Guidelines Section 15063.
=RQH7H[W$PHQGPHQW3/1±±LVDUHTXHVWWRFRQVLGHUDOORZLQJUHVWDXUDQWVLQ
the C-P zone to have live entertainment, subjec t to the approval of a conditional use permit.
:
2.5.0 Environmental Determination The City of Downey has determined a Negative
'HFODUDWLRQZLOOEHSUHSDUHGIRU=RQH7H[W$PHQGPHQW3/1±±
2.5.1 Disposition of Initial Study
As indicated previously, the City of Downey, serving as the Lead Agency, has
determined a Negative Declaration shall be prepared for the proposed zone text
amendment, which is considered to be a project, pursuant to the Guidelines of CEQA.
Certain projects or actions undertaken by a Lead Agency may require oversight,
approvals, or permits from other public agencies. These agencies are referred to as
³5HVSRQVLEOH´DQG³7UXVWHH´$JHQFLHV DQGDUHGHILQHGSXUVXDQWWR6HFWLRQVDQG
15386 of the state CEQA Guidelines as follows:
Responsible Agency
³ is a public agency which proposes to carry out or approve
a project, for which a Lead Agency is preparing or has prepared an EIR or
1HJDWLYH'HFODUDWLRQ)RUSXUSRVHVRI&(4$WKHWHUP³5HVSRQVLEOH$JHQF\´
includes all public agencies other than the Lead Agency which have discretionary
DSSURYDORYHUWKHSURMHFW´
Trustee Agency
³ is a state agency having jurisdiction by law over natural
resources affected by a project which are held in trust for the people of the state
RI&DOLIRUQLD´ VXFKDVWKH&DOLIRUQLD'HSDUWPHQWRI)LVKDQG*DPH
3. INITIAL STUDY CHECKLIST OF POTENTIALLY AFFECTED AREAS:
The environmental factors checked below woul d be potentially affected by this project,
LQYROYLQJDWOHDVWRQHLPSDFWWKDWLVD³3RWHQWLD OO\6LJQLILFDQW,PSDFW´DVLQGLFDWHGE\WKH
checklist on the following pages.
Aesthetics Land Use and Planning
Agriculture and Forestry Mineral Resources
Resources
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Initial Study/Negative Declaration
Air Quality Noise
Biological Resources Population and Housing
Cultural Resources Public Services
Geology and Soils Recreation
Hazards & Hazardous Transportation/Traffic
Materials
Hydrology & Water Quality Utilities & Service Systems
Mandatory Findings of
Greenhouse Gas Emissions
Significance
DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the
environment, NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the
environment, there will not be significant effect in this case because revisions in the
project have been made by or agreed to by the project proponent. A MITIGATED
NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and
an ENVIRONMENTAL IMPACT REPORT is required.
,ILQGWKDWWKHSURSRVHGSURMHFW0$<KDYHD³SRW HQWLDOO\VLJQLILFDQWLPSDFW´RU³SRWHQWLDOO\
VLJQLILFDQWXQOHVVPLWLJDWHG´LPSDFWRQWKHHQYLURQPHQWEXWDWOHDVWRQHHIIHFW
KDV
been adequately analyzed in an earlier document pursuant to applicable legal standards,
and 2) has been addressed by mitigation measures based on the earlier analysis as
described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but
it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the
environment, because all potentially significant effects (a) have been analyzed
adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable
standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or
NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed
upon the project, nothing further is required.
Signature: Date: April 3, 2012
Printed Name: Mark Sellheim, Principal Planner
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Initial Study/Negative Declaration
Potenti
ally
Potenti Signific Less
ally ant Than
ENVIRONMENTAL ISSUES ASSESSMENT
No
Signific Unless Signifi
ant Mitigat cant Impa
Impact ed Impact ct
I. AESTHETICS. Would the project:
a. Have a substantial adverse effect on a scenic vista? X
b. Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway? X
c. Substantially degrade the existing visual character or
quality of the site and its surroundings? X
d. Create a new source of substantial light or glare
which would adversely affect day or nighttime views
in the area? X
II. AGRICULTURE AND FOREST RESOURCES. In determining whether impacts to agricultural
resources are significant environmental effects, lead agencies may refer to the California
Agricultural Land Evaluation and Site Assessm ent Model (1997) prepared by the California
Department of Conservation as an optional model to use in assessing impacts on agriculture and
farmland. In determining whether impacts to forest resources, including timberland, are significant
environmental effects, lead agencies may refer to information compiled by the California
'HSDUWPHQWRI)RUHVWU\DQG)LUH3URWHFWLRQUHJDUGLQJWKHVWDWH¶VLQYHQWRU\RIIRUHVWODQGLQFOXGLQJ
the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest
carbon measurement methodology provided in For est Protocols adopted by the California Air
Resources Board. -- Would the project:
a. Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural
use? X
b. Conflict with existing zoning for agricultural use, or a
Williamson act contract? X
c. Conflict with existing zoning for, or cause rezoning
of, forest land (as defined in Public Resources Code
section 4526), or timberland zoned Timberland
Production (as defined by Government Code section
51104(g))? X
d. Result in the loss of forest land or conversion of
forest land to non-forest use? X
e. Involve other changes in the existing environment
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Potenti
ally
Potenti Signific Less
ally ant Than
ENVIRONMENTAL ISSUES ASSESSMENT
No
Signific Unless Signifi
ant Mitigat cant Impa
Impact ed Impact ct
which, due to their location or nature, could result in X
conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality
management or air pollution control district may be relied upon to make the following
determinations. Would the project:
a. Conflict with or obstruct implementation of the
applicable air quality plan? X
b. Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation? X
c. Result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is
non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions which exceed quantitative thresholds for
ozone precursors)? X
d. Expose sensitive receptors to substantial pollutant
concentrations? X
e. Create objectionable odors affecting a substantial
number of people? X
IV. BIOLOGICAL RESOURCES. Would the project:
a. Have a substantial adverse effect, either directly or
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service? X
b. Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service? X
c. Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct removal, X
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Potenti
ally
Potenti Signific Less
ally ant Than
ENVIRONMENTAL ISSUES ASSESSMENT
No
Signific Unless Signifi
ant Mitigat cant Impa
Impact ed Impact ct
filling, hydrological interruption, or other means?
d. Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or
with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery
sites? X
e. Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance? X
f. Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state
habitat conservation plan? X
V. CULTURAL RESOURCES. Would the project:
a. Cause a substantial adverse change in the
significance of a historical resource as defined in
15064.5?
X
b. Cause a substantial adverse change in the
significance of an archaeological resource pursuant
to 15064.5? X
c. Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature? X
d. Disturb any human remains, including those interred
outside of formal cemeteries? X
VI. GEOLOGY AND SOILS. Would the project:
a. Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or
death involving:
1) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42. X
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Potenti
ally
Potenti Signific Less
ally ant Than
ENVIRONMENTAL ISSUES ASSESSMENT
No
Signific Unless Signifi
ant Mitigat cant Impa
Impact ed Impact ct
2) Strong seismic ground shaking? X
3) Seismic-related ground failure, including
liquefaction? X
4) Landslides? X
b. Result in substantial soil erosion or the loss of
topsoil? X
c. Be located on a geologic unit or soil that is unstable,
or that would become unstable as a result of the
project, and potentially result in on-or off-site
landslide, lateral spreading, subsidence, liquefaction
or collapse? X
d. Be located on expansive soil, as defined in Table 18-
1-B of the Uniform Building Code (1994), creating
substantial risks to life or property? X
e. Have soils incapable of adequately supporting the
use of septic tanks or alternative waste water
disposal systems where sewers are not available for
the disposal of waste water? X
V II. GREENHOUSE GAS EMISSIONS: Would the project:
a. Generate greenhouse gas emissions, either directly
or indirectly, that may have a significant impact on
the environment? X
b. Conflict with an applicable plan, policy or regulation
adopted for the purpose of reducing the emissions of
greenhouse gases? X
VIII. HAZARDS AND HAZARDOUS MATERIALS: Would the project:
a. Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials? X
b. Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment? X
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c. Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school? X
d. Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
the environment? X
e. For a project located within an airport land use plan
or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project result in a safety hazard for people
residing or working in the project area? X
f. For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for people
residing or working in the project area? X
g. Impair implementation of or physically interfere with
an adopted emergency response plan or emergency
evacuation plan? X
h. Expose people or structures to a significant risk of
loss, injury or death involving wildland fires, including
where wildlands are adjacent to urbanized areas or
where residences are intermixed with wildlands? X
IX. HYDROLOGY AND WATER QUALITY. Would the project:
a. Violate any water quality standards or waste
discharge requirements? X
b. Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater table
level (e.g., the production rate of pre-existing nearby
wells would drop to a level which would not support
existing land uses or planned uses for which permits
have been granted)? X
c. Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of stream or river, in a manner which would
result in substantial erosion or siltation on- or off-
site? X
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d. Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river, or substantially increase
the rate or amount of surface runoff in a manner
which would result in flooding on- or off-site? X
e. Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide substantial
additional sources of polluted runoff? X
f. Otherwise substantially degrade water quality? X
g. Place housing within a 100-year flood hazard area as
mapped on a federal Flood Hazard Boundary or
Flood Insurance Rate Map or other flood hazard
delineation map? X
h. Place within a 100-year flood hazard area structures
which would impede or redirect flood flows? X
i. Expose people or structures to a significant risk of
loss, injury or death involving flooding, including
flooding as a result of the failure of a levee or dam? X
j. Inundation by seiche, tsunami, or mudflow? X
X. LAND USE AND PLANNING. Would the project:
a. Physically divide an established community? X
b. Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the
project (including, but not limited to the general plan,
specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect? X
c. Conflict with any applicable habitat conservation plan
or natural community conservation plan? X
XI. MINERAL RESOURCES. Would the project:
a. Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state? X
b. Result in the loss of availability of a locally-important
mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan? X
XII. NOISE. Would the project result in:
a. Exposure of persons to or generation of noise levels X
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in excess of standards established in the local
general plan or noise ordinance, or applicable
standards of other agencies?
b. Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise levels? X
c. A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
without the project? X
d. A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
levels existing without the project? X
e. For a project located within an airport land use plan
or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project expose people residing or working
in the project area to excessive noise levels? X
f. For a project within the vicinity of a private airstrip,
would the project expose people residing or working X
in the project area to excessive noise levels?
XIII. POPULATION AND HOUSING. Would the project:
a. Induce substantial population growth in an area,
either directly (for exam ple, by proposing new homes
and businesses) or indirectly (for example, through
extension of roads or other infrastructure)? X
b. Displace substantial numbers of existing housing,
necessitating the construction of replacement
housing elsewhere? X
c. Displace substantial numbers of people,
necessitating the construction of replacement
housing elsewhere? X
XIV. PUBLIC SERVICES.
a. Would the project result in substantial adverse
physical impacts associated with the provision of
new or physically altered governmental facilities,
need for new or physically altered governmental
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response times or
other performance objectives for any of the public
services:
1) Fire protection?
X
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2) Police protection?
X
3) Schools?
X
4) Parks?
X
5) Other public facilities?
X
XV. RECREATION.
a. Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated? X
b. Does the project include recreational facilities or
require the construction or expansion of recreational
facilities which might have an adverse physical effect
on the environment? X
XVI. TRANSPORTATION/TRAFFIC. Would the project:
a. Conflict with an applicable plan, ordinance or policy
establishing measures of effectiveness for the
performance of the circulation system, taking into
account all modes of transportation including mass
transit and non-motorized travel and relevant
components of the circulation system, including but
not limited to intersections, streets, highways and
freeways, pedestrian and bicycle paths, and mass
transit? X
b. Conflict with an applicable congestion management
program, including, but not limited to level of service
standards and travel demand measures, or other
standards established by the county congestion
management agency for designated roads or
highways? X
c. Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantial safety risks? X
d. Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)? X
e. Result in inadequate emergency access? X
f. Conflict with adopted policies, plans, or programs
regarding public transit, bicycle, or pedestrian
facilities, or otherwise decrease the performance or X
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safety of such facilities?
XVII. UTILITIES AND SERVICE SYSTEMS. Would the project:
a. Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board? X
b. Require or result in the construction of new water or
wastewater treatment facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects? X
c. Require or result in the construction of new
stormwater drainage facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects? X
d. Have sufficient water supplies available to serve the
project from existing entitlements and resources, or
are new or expanded entitlements needed? X
e. Result in a determination by the wastewater
treatment provider which serves or may serve the
project that it has adequate capacity to serve the
SURMHFW¶VSURMHFWHGGHPDQGLQDGGLWLRQWRWKH
SURYLGHU¶VH[LVWLQJFRPPLWPHQWV" X
f. Be served by a landfill with sufficient permitted
FDSDFLW\WRDFFRPPRGDWHWKHSURMHFW¶VVROLGZDVWH
disposal needs? X
g. Comply with federal, state, and local statutes and
regulations related to solid waste? X
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE.
a. Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory? X
b. Does the project have impacts that are individually
OLPLWHGEXWFXPXODWLYHO\FRQVLGHUDEOH" ³&XPXODWLYHO\
FRQVLGHUDEOH´PHDQVWKDWWKHLQFUHPHQWDOHIIHFWVRID
project are considerable when viewed in connection
with the effects of past projects, the effects of other
current projects, and the effects of probable future
projects)? X
c. Does the project have environmental effects which will
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cause substantial adverse effects on human beings, X
either directly or indirectly?
4. DISCUSSION OF ENVIRONMENTAL EVALUATION
This section analyzes the potential environmental impacts which may result from the proposed
project. For the evaluation of potential impacts, t he questions in the Initial Study Checklist (Section
3) are stated and answers are provided according to the analysis undertaken as part of the Initial
Study. They include:
1. No Impact . Future development arising from the pr RMHFW¶VLPSOHPHQWDWLRQZLOOQRWKDYHDQ\
measurable environmental impact on the environment and no additional analysis is
required.
2. Less Than Significant Impact . The development associated with project implementation will
have the potential to impact the environment; these impacts, however, will be less than the
levels or thresholds that are considered significant and no additional analysis is required.
3. Potentially Significant Impact Unless Mitigated . The development will have the potential to
generate impacts which will have a signific ant effect on the environment; however,
mitigation measures will be effective in reducing the impacts to levels that are less than
significant.
4. Potentially Significant Impact . Future implementation will hav e impacts that are considered
significant, and additional analysis is required to identify mitigation measures that could
reduce these impacts to less than significant levels.
The following is a discussion of potential project impacts as identified in the Initial Study Checklist.
Explanations are provided for each item.
4.1 AESTHETICS.
Would the project:
a) Have a substantial adverse effect on a scenic vista?
No Impact 7KH&LW\¶V*HQHUDO3ODQGRHVQRWGHVLJQDWHDQ\RIWKHVWUHHWVRUKLJKZD\V
in Downey as scenic highways. As a consequence, project implementation (which
involves allowing restaurants in the C-P zone to have live entertainment, subject to the
approval of a CUP) will not impact a scenic vista.
b) Substantially damage scenic resources, including, but not limited to trees, rock
outcroppings and historic buildings within a state scenic highway?
No Impact . Properties in Downey with the C-P zoning front on a handful of streets that
are designated as either Major Arterials or a Secondary Arterial. The highways
designated as Major Arterials include Lakewood and Paramount Boulevards, along with
Florence Avenue and Imperial Highway. Downey Avenue is the Secondary Arterial.
None of the streets mentioned, however, ar HOLVWHGDVVWDWH³6FHQLF´KLJKZD\V
Moreover, no scenic resources, such as trees, rock outcroppings, or historic buildings
are located on any C-P zoned property. Instead, the affected properties are part of the
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I S / D
NITIAL TUDY NEGATIVE ECLARATION
EXLOWHQYLURQPHQWDQGZHUHFOHDUHGZKHQWKH\ZHUHGHYHORSHG$VVXFKWKH\GRQ¶W
feature any scenic resources. No mitigation measures are necessary.
c) Substantially degrade the existing visual character or quality of the site and its
surroundings?
No Impact . Implementing the zone text amendment will not impact the visual character
of the affected C-P zoned properties. Rather, implementation, as discussed above,
involves activities that will take place inside restaurants; the proposed amendment is a
request to allow restaurants in the C-P zone to have live entertainment, subject to the
approval of a CUP. As such, none of the activities will be conducted outdoors, hence
the project will not impact the visual character of a site.
d) Create a new source of substantial light or glare which would adversely affect day or
nighttime views in the area?
No Impact . Project implementation will not generate light or glare. Rather, it involves
live entertainment which will be conducted entirely indoors.
4.2 AGRICULTURE RESOURCES. In determining whether impacts to agricultural
resources are significant environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by
the California Department of Conservation as an optional model to use in assessing
impacts on agriculture and farmland.
Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency, to non-agricultural use?
No Impact . Project implementation does not involve converting farmland to non-
agricultural uses. Rather, properties in Downey with the C-P zoning, including the rest of
the city as well, are part of the built environment and the greater Los Angeles urban area
and are not used nor are they slated to be used for agricultural purposes. Rather,
properties with the C-P zoning classification support mostly 1- and 2-story office
buildings, along with a variety of other uses such as single-family residences, apartment
complexes, retail uses and churches. Moreover, the affected C-P zoned properties are
not slated for cultivation, according to their General Plan designation, which outlines
WKHLUORQJWHUPGHYHORSPHQWSODQ0RVW&3]RQHGSURSHUWLHVDUHGHVLJQDWHG³2IILFH´RQ
the General Plan, which envisions the developm ent of medical, dental and other kinds of
professional offices. Therefore, adopting the zone text amendment will not result in the
conversion of Prime Farmland, Unique Farmland or Farmland of statewide importance.
No significant impacts will occur and no mitigation measures are necessary.
b) Conflict with existing zoning for agricultural use, or a Williamson act contract?
.
No Impact The zone text amendment under consideration will not conflict with any type
RI]RQLQJFODVVLILFDWLRQWKDW¶VGHVLJQHGIRUDJULFXOWXUDOXVHRUD:LOOLDPVRQDFWFRQWUDFW
Properties that are the subject of the proposed amendment are zoned C-P and the intent
of this classification is to accommodated professional office uses.
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c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public
Resources Code Section 4526), or timberland zoned Timberland Production (as defined
by Government Code Section 51104(g)?
No Impact . Project implementation will not conflict with existing zoning for forest land or
timberland zoned Timberland Production. The affected properties, as noted above, do
not feature any forest resources. Rather they are zoned Professional Office and support
office projects, as well as residential uses, churches and small retail centers.
d) Result in the loss of forest land or conversion of forest land to non-forest land?
No Impact . Project implementation will not result in the loss of forest land or the
conversion of forest land to non-forest land. The subject properties are part of the built
environment and principally support office developments, along with small,
neighborhood-serving retail developments, serv ice commercial uses, and single-family
and multi-family developments.
e) Involve other changes in the existing environment which, due to their location or nature,
could result in conversion of farmland, to non-agricultural use?
No Impact . As mentioned above, C-P zoned properties are the subject of the project
WKDW¶VEHLQJFRQWHPSODWHGDQGQRQHRIWKHVHSURSHUWLHVDUHEHLQJIDUPHG7KHUHIRUH
changes being discussed, permitting live entertainment in restaurants will not result in
the conversion of farmland to non-agricultural uses.
4.3 AIR QUALITY.
Where available, the significance criteria established by the applicable
air quality management or air pollution control district may be relied upon to make the
following determinations.
4.4
Would the project:
a) Conflict with or obstruct implementation of the applicable air quality plan?
No Impact. The project site is within the South Coast Air Basin (SCAB). The basin is
GHVLJQDWHGDQ³H[WUHPH´QRQDWWDLQPHQWDUHDE\WKHIHGHUDO(QYLURQPHQWDO3URWHFWLRQ
Agency because it cannot meet federal ambient air quality standards for several criteria
pollutants.
The Federal Clean Air Act (i.e., 1977 amendments) requires that the regional agency
WKDW¶VUHVSRQVLEOHIRUDQDLUVKHGLQWKLVFDVHLVWKHVRXWKFRDVWDLUEDVLQ 6&$%
ZKLFK
fails to meet national ambient air standards, must prepare a clean air plan demonstrating
the steps it will take to bring the basin into compliance with national standards. The
South Coast Air Quality Management District (SCAQMD) is the regional agency in the
south coast air basin that is responsible for developing clean air plans for the basin. The
SCAMD is also responsible for bringing the basin into compliance through rules and
regulations it formulates involving ambient air quality.
In 1979, the SCAQMD adopted the first air quality management plan (AQMP), or clean
air plan and its been revised several times since. The current plan for the SCAB is the
2012 AQMP. It provides a detailed blueprint to achieve the federal health standard for
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fine particulate air pollution (PM2.5) in the southland by 2015. The plan provides a
scientific demonstration of how specific cont rol measures will enable the region to meet
the federal health based standard for PM2.5. It also includes an update on progress
towards reducing ground-level ozone to meet the ozone standard by 2024. Also included
is a comprehensive analysis of strategies and challenges involved in meeting future air
quality goals.
In terms of the relationship between the contemplated zone text amendment and the
UHJLRQ¶VFOHDQDLUSODQLPSOHPHQWLQJWKHDPHQGPHQWZLOOQRWDIIHFWWKHSODQ¶VFOHDQDLU
VWUDWHJLHVVLQFHWKHSURSHUWLHV¶H[LVWLQJ³2IILFH´*HQHUDO3ODQGHVLJQDWLRQZDVLQHIIHFW
ZKHQWKHSODQZDVSUHSDUHG7KHSODQUHFRJQL]HVWKHVLWHV¶H[LVWLQJODQGXVH
classifications and project approval and implementation will not impact it. No mitigation
measures are required.
b) Violate any air quality standard or contribute substantially to an existing or projected air
quality violation?
No Impact 7KHHVWLPDWHGGDLO\OHYHOVRIHPLVVLRQVIURPWKHSURMHFW¶VVKRUWDQGORQJ
term activities will not violate any air quality standard because they will not exceed the
thresholds established by the state and federal governments.
c) Result in a cumulatively considerable net increase of any criteria pollutant for which the
project region is non-attainment under an applicable federal or state ambient air quality
standard (including releasing emissions which exceed quantitative thresholds for ozone
precursors)?
No Impact . Please refer to the response in Section 4.3 (a).
d) Expose sensitive receptors to substantial pollutant concentrations?
No Impact . See the response for Section 4.3 (b).
e) Create objectionable odors affecting a substantial number of people?
No Impact . As noted above, the affected proper WLHV¶H[LVWLQJLPSURYHPHQWVFRQVLVW
mostly 1- and 2-story office buildings, along with a mix of other uses such as one-family
residences, apartment complexes, churches and retail centers and objectionable odors
typically are not associated with these kinds of uses. Further, the proposal under
consideration involves permitting restaurants in the C-P zone, that are located within
office buildings, to have live entertainment and these kinds of uses do not create
objectionable odors. No mitigation measures are required.
4.4 BIOLOGICAL RESOURCES. :
Would the project
a) Have a substantial adverse effect, either directly or through habitat modifications, on any
species identified as a candidate, sensitive, or special status species in local or regional
plans, policies, regulations or by the California Department of Fish and Game or U.S.
Fish and Wildlife Service?
No Impact . No special status species or species identified as a candidate in a local or
regional plan or by the California Department of Fish and Game inhabit the properties
that are zoned Professional Office, or C-P. All affected properties were cleared of
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natural habitat to make way for their existing improvements, which are part of the built
environment. As such, no candidate or special status species inhabit the sites as their
existing condition indicate.
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural
community identified in local or regional plans, policies, regulations or by the California
Department of Fish and Game or U.S. Fish and Wildlife Service?
No Impact . $IIHFWHGSURSHUWLHVDUHSDUWRIWKHFRPPXQLW\¶VEXLOWHQYLURQPHQW$QG
improvements, as noted above, consist of low-scale office buildings, single- and
multiple-family residences, churches and small retail centers. As such, the properties
supporting these improvements do not contain riparian habitats, or other sensitive
natural community, as identified on any local, regional, state or federal plan. Therefore,
project development will not impact riparian habitats or natural communities and
mitigation measures are unnecessary.
c) Have a substantial adverse effect on federally protected wetlands as defined by Section
404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling, hydrological interruption, or other means?
.
No Impact Properties under FRQVLGHUDWLRQGRQ¶WKDYHSURWHFWHGZHWODQGVDVGHILQHG
E\6HFWLRQRIWKH&OHDQ:DWHU$FW,QVWHDGWKH\DUHSDUWRIWKHFRPPXQLW\¶VEXLOW
environment and support a variety of uses, such as office buildings and dwelling units.
Thus, allowing restaurants that occupy C-P zoned properties to have live entertainment,
through the CUP process, will not impact any federally protected wetlands. No
mitigation measures are required.
d) Interfere substantially with the movement of any native resident or migratory fish or
wildlife species or with established native resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites?
.
No Impact The subject properties are part of a built community, i.e., City of Downey,
which is part of the larger Los Angeles metropolitan area, and none of them feature
wildlife corridors or wildlife nursery sites. Instead, they support a variety of building
types that house a mix of uses such as offices, residences and churches. Thus,
approving the contemplated zone text amendmen t, which will allow live entertainment in
restaurants, will not interfere or block the movement of any native resident or migratory
fish or wildlife species. Nor will implement ation of the amendment interfere with any kind
of established native resident or migratory wildlife corridors, or impede the use of native
wildlife nursery sites, since none exist on-si te or nearby. No mitigation measures are
necessary.
e) Conflict with any local policies or ordinances protecting biological resources, such as
a tree preservation policy or ordinance?
.
No Impact The city does not have a Tree Preservation Ordinance. However, in 2005,
FLW\VWDIIFRPSLOHGD³6LJQLILFDQW7UHH6XUYH\´IRUWKH&RQVHUYDWLRQ&KDSWHURIWKH
General Plan Update. Trees included in the survey were added on the basis of their
age, size and historical and cultural importance. None of the affected properties have
trees that are listed on the survey, however. Still, exclusion from the survey does not
necessarily mean that a tree is not significant. In the event the owner of an affected
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SURSHUW\KDVDWUHHWKDWLVFRQWHPSODWHGDVVLJQLILFDQWWKH&83SURFHVVWKDW¶VOLQNHGWR
the zone text amendment will provide t KHRSSRUWXQLW\WRWKHDVVHVVWKHWUHH¶V
significance. However, the possibility of the contemplated zone text amendment
impacting a tree is remote since the amendment involves an activity that is conducted
within an enclosed building (I.e.live entertainment) and not outdoors.
f) C onflict with the provisions of an adopted Habitat Conservation Plan, Natural
Community Conservation Plan or other approved local, regional, or state habitat
conservation plan?
.
No Impact 7KHFLW\¶V&3]RQHGSURSHUWLHVDUHQRWXQGHUWKHMXULVGLFWLRQRIDQDGRSWHG
Habitat Conservation Plan, Natural Community Conservation Plan or other habitat
conservation plan and no draft plan exists nor is one proposed for these properties.
,QVWHDGWKH\DUHSDUWRIWKHFRPPXQLW\¶VEXLOWHQYLURQPHQW$QGDGRSWLQJWKH
requested zone text amendment, which will permit live entertainment, subject to a
conditional use permit, will have no impact in this regard.
4.5 CULTURAL RESOURCES.
Would the project:
a) Cause a substantial adverse change in the significance of a historical resource as
defined in CEQA Guidelines Section 15064.5?
No Impact . Section 15064.5 defines historic resources as resources listed or
determined to be eligible for listing by the State Historical Resources Commission, a
local register of historical resources, or the lead agency. Generally, a resource is
considered to be historically significant if it meets one of the following criterions:
i) Is associated with events that have made a significant contribution to the
EURDGSDWWHUQVRI&DOLIRUQLD¶VKLVWRU\DQGFXOWXUDOKHULWDJH
ii) Is associated with the lives of persons important to our past;
iii) Embodies the distinctive characteristics of a type, period, region or
method of construction, or represents the work of an important creative
individual, or possesses high artistic values; or
iv) Has yielded, or may likely to yield, information important to prehistory or
history.
None of the improvements occupying the pr operties under consideration (i.e., C-P zoned
properties throughout the City of Downey) are listed, or determined to be eligible for
listing, by the State Historic Resources Commission, or a local register of historical
resources. Furthermore, implementation of the requested zone text amendment is not
expected to result in any physical change to a building, given that the scope of the
amendment entails permitting live entertainment inside buildings.
b) Cause a substantial adverse change in the significance of an archaeological resource,
pursuant to CEQA Guidelines Section 15064.5?
.
No Impact Given that the affected properties were cleared and graded to make way for
WKHLUH[LVWLQJLPSURYHPHQWVLW¶VKLJKO\XQOLN ely that implementation of the zoned text
amendment will yield any archaeological resources. Therefore, approving and
subsequently implementing the requested zone te xt amendment is not expected to result
in significant impacts in regards to archaeological resources and no mitigation measures
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are necessary.
c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic
feature?
.
No Impact No paleontological resources or unique geological features are known to
exist on the affected properties. They were disturbed previously (i.e., grading activities)
to make way for their existing improvements. In light of these events, it is unlikely that
any paleontological resources or geological features would be uncovered if the sites are
redeveloped. As such, no impacts are anticipated with respect to paleontological
resources or unique geological features due to the implementation of the proposed zone
text amendment. Moreover, the nature and extent of the requested zone text
amendment further insures the likelihood that its implementation will not directly or
indirectly destroy a unique paleontological resource or unique geological feature. The
requested amendment consists of allowing restaurants that occupy C-P zoned
properties to have live entertainment, subject to the approval of a CUP. Live
entertainment as a general rule occurs inside a building and does not involve physically
altering a site. No mitigation measures are necessary.
d) Disturb any hum
an remains, including those interred outside of formal cemeteries?
No Impact . Implementation of the requested zone text amendment is not expected to
alter a property physically. Rather, t he amendment, as not noted above, will permit
restaurants within buildings that occupy C-P zoned properties to have live entertainment,
subject to the approval of a CUP. Allowing a restaurant to have live entertainment
encompasses an activity that occurs inside a building and does not involve disturbing
the surface of a site. No significant impacts are expected and no mitigation measures
are necessary.
GEOLOGY AND SOILS
4.6 . Would the project:
a) Expose people or structures to potential substantial adverse effects, including the risk of
loss, injury, or death involving:
1) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State Geologist for the area or based on
other substantial evidence of a known fault? Refer to the Division of Mines and Geology
Special Publication 42.
Less Than Significant Impact. There are no known faults underlying the City of
'RZQH\DFFRUGLQJWRWKH6DIHW\&KDSWHURIWKH&LW\¶V*HQHUDO3ODQ/LNHZLVHWKHUHDUH
no Alquist- Priola zones in the City of Downey; therefore, no impacts would occur. Fault
rupture impacts generally occur near the fault line where the fault shears or slips and the
ground is offset in some way.
The closest active or potentially active faults include the Norwalk fault (five miles to the
northeast), the Whittier-Elsinore fault (10 miles to the northeast) and the Newport-
Inglewood fault (5 miles to the southeast). Given these distances, surface rupture is not
considered to be a potential problem within Downey. Furthermore, all buildings
constructed in Downey must meet current seismic safety and building code standards,
which are designed to reduce impacts related to seismic activity.
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2) Strong seismic ground shaking?
.
Less Than Significant Impact Although the City of Downey does not have any
earthquake faults or fault traces traversing it, it like most of Southern California, is
located in a seismically-active area. Major active fault zones are located southwest and
northeast of the city. Active and potentially active located close to Downey include the
Newport-Inglewood Fault, the Compton-Los Alamitos Fault, the Whittier-Elsinore Fault,
the Elysian Park Seismic Zone, the Palos Verdes Hills Fault. The two faults with the
greatest potential to impact the City are the Newport-Inglewood and the Compton-Los
Alamitos Faults, located about six and ten southwest of the City, respectively. Policies
contained in the City of Downey General Pl an will ensure that adverse effects caused by
seismic and geologic hazards, such as strong seismic ground shaking are minimized.
For example, Policy 5.5.1 requires the City to minimize damage in the event of a major
earthquake. Programs affiliated with this policy include public education about
earthquake safety and requiring geotechnical reports for developments to address soil
liquefaction hazards.
To minimize the effect of ground shaking and help protect human life, the design and
construction of future buildings must adhere to the seismic requirements of the latest
edition of the building code so they withstand ground shaking to within an acceptable
level of risk. As a consequence, impacts from potential ground shaking are expected to
be less than significant.
3) Seismic-related ground failure, including liquefaction?
Less Than Significant Impact. According to figure 5.5-2 (Liquefaction Hazard Zone
0DS±6WDWH'LYLVLRQRI0LQHVDQG*HRORJ\
RIWKH*HQHUDO3ODQ6DIHW\&KDSWHUWKH
entire city is located within a liquefaction zone. Therefore, all C-P zoned properties have
the potential to undergo soil liquefaction when a seismic event occurs. Soil liquefaction
is a seismically-induced form of ground failure. Research and historical data indicate
that loose granular materials situated at depths of less than 50 feet with fine silt and clay
contents and saturated by a relatively shallow groundwater table, are most susceptible
to liquefaction. It is likely that a moderate to strong earthquake nearby would damage
buildings and infrastructure in the area. Liquefaction is a process by which water-
saturated minerals (including soil, sediment, and types of volcanic deposits) lose
VWUHQJWKDQGSRVVLEO\IDLOZKHQWKHJURXQGVKDNHV$FFRUGLQJWRWKH&LW\¶V*HQHUDO3ODQ
( Downey Vision 2025 ), liquefaction occurs when certain soil types and high groundwater
levels combine with intense ground shaking and make soil react in a manner similar to
the properties commonly associated with liquids. Although such effects are temporary
during a quake, the potential for damage to struct ures is extreme. And Downey has the
combination of silts and sands soil types, coupled with a relatively high water table,
which are conducive to liquefaction occurring during intense ground shaking.
However, compliance with the standards set forth in the current California Building Code
and policies in the Safety Chapter of the General Plan will minimize risk of property
damage caused by an earthquake. Therefore, impacts to people and structures that
result from seismically-related ground failure, including liquefaction are less than
significant. .
4) Landslides?
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.
No Impact The likelihood of landslides occurring in regards to the properties that are
the subject of the requested zone text amendment are negligible. The topography of the
affected C-P zoned properties, as well as that of adjoining properties is nearly flat.
Furthermore, the project sites are not located near foothills or mountains so the
possibility of landslides is very minimal. Given the nearly level topography, the project
sites are not subject to landslides or mudflows. Therefore, no impacts are anticipated in
this regard and no mitigation measures are required.
b) Result in substantial soil erosion or the loss of topsoil?
.
No Impact Implementation of the proposed zone text amendment will not result in soil
erosion or in a loss of topsoil. Project implementation does not involve construction or
any kind of soil disturbance, such as grading activities. Rather it consists of permitting
restaurants within buildings that occupy C-P zoned properties to have live entertainment.
Buildings, hardscape and asphalt cover the subject sites and soils will not be exposed,
which could result in erosion or the loss of topsoil.
c) Be located on a geologic unit or soil that is unstable, or that would become unstable
as a result of the project, and potentially result in on-or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
Less Than Significant Impact . Properties with the C-P zoning classification, as well
as the rest of Downey, are located in the south central portion of the Los Angeles Basin,
generally between the San Gabriel and Rio H ondo Rivers. This land area is typically
characterized by alluvium and associated deposits, which mainly belong to the Recent
Alluvium, the Older Alluvium and other formations of Recent to Pleistocene Age. This
alluvium is typically characterized by sedimentary deposits ranging in grain size from
sand to silt to clay. According to Figure 5.5-2 in the Safety Chapter of the 2005 General
Plan Update (Vision 2025), the entire city is located within a liquefaction zone.
Therefore, the soil instability of the affected properties is the same as the rest of the
community. In the city, development projects are constructed to the standards of the
California Building Code. Moreover, compliance with General Plan goals and policies,
as well as the building code, will ensure that potential impacts from unstable soils will be
less than significant. Therefore, impacts involving soil instability and or suitability related
to the requested zone text amendment would be less than significant. .
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building
Code (1997), creating substantial risks to life or property?
Less Than Significant Impact. Soils covering the affected C-P zoned properties are
the expansive type that shrink or swell, as the moisture content decreases or increases.
Expansive soils are generally clay based and are found in low lying regions and flood
SODLQV$VQRWHGDERYHWKHFLW\¶V&3]RQHGSURSHUWLHVDUHORFDWHGLQWKHVRXWKFHQWUDO
portion of the Los Angeles Basin, between the Rio Hondo and San Gabriel Rivers. This
area is typically characterized by alluvi um and associated deposits, which mainly belong
to the Recent Alluvium, the Older Alluvium and other formations of the Recent to
Pleistocene age. This alluvium is typica lly characterized by sedimentary deposits
ranging in grain size from sand to silt and clay. More than likely, the alluvium underlying
the affected properties has a low to moderate expansion potential. Project development
will comply with established building codes that regulate grading and building
construction. Compliance with the latest edition of the California Building Code will
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reduce potential impacts to a negligible level. Further, all of the soil types in Downey
can be compacted so as not to restrict site development. No mitigation measures are
necessary. Any type of development would o ccur in accordance with City of Downey
building and safety standards and impacts would be less than significant.
e) Have soils incapable of adequately supporting the use of septic tanks or alternative
waste water disposal systems where sewers are not available for the disposal of waste
water?
.
No Impact Project development does not involve the construction of septic tanks or
alternative waste disposal systems. The project instead is a zone text amendment that
will permit restaurants to have live entertainment with the approval of a CUP.
Furthermore, nearly all of the properties in Downey use sewer lines to dispose of waste
water. Therefore, no impacts are anticipated in regards to supporting septic tanks and
alternative waste disposal systems and no mitigation measures are required.
4.7 GREENHOUSE GAS EMISSIONS. :
Would the project
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a
significant impact on the environment?
b) Conflict with any applicable plan, policy or regulation of an agency adopted for the
purpose of reducing the emissions of greenhouse gases?
Explanation:
a), b) No Impact. The following discussion addresses both a) and b) of the greenhouse gases
discussion.
,
The project which is a zone text amendment that will allow restaurants in the C-P zone
to have live entertainment with the approval of a CUP, will not emit greenhouse gases.
Consequently, it will not contribute to global climate change.
Gases that trap heat in the atmosphere are known as greenhouse gases (GHGs)
because they capture heat radiating from the sun as it is reflected back into the
atmosphere, similar to a greenhouse. Carbon dioxide is the most common and abundant
greenhouse gas resulting from human activity, followed by methane and nitrous oxide.
The accumulation of GHGs in the atmosphere has been implicated as a driving force for
global climate change. Definitions of climate change vary between regulatory authorities
and the scientific community, but in general it can be described as the changing of the
HDUWK¶VFOLPDWHFDXVHGE\WKHLPSDFWRIKXPDQDFWLYLWLHVDQGQDWXUDOIOXFWXDWLRQVWKDW
alter the composition of the global atmosphere. Global climate change is a change in
the average weather on earth that can be measured by wind patterns, precipitation and
temperature. Although there is a disagreement as to the speed of global warming and
the extent of the impacts attributable to human activities, the vast majority of the
scientific community now agrees that there is a direct link between the increasing
emissions of GHGs.
Since the proposed zone text amendment does not involve any kind of combustion and
thus no emissions will result, it will not conf lict with the implementation of the programs
and regulations to achieve the statewide GHG emission reduction goals established
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under Executive Order S 3-05 and Assembly Bill 32 (AB 32). Under AB 32, the state
goal is to reduce GHG emissions to 1990 levels by 2020.
4.7 HAZARDS AND HAZARDOUS MATERIALS.
Would the project:
a) Create a significant hazard to the public or the environment through the routine
transport, use, or disposal of hazardous materials?
No Impact. As noted previously, project implem entation will enable restaurants in the
C-P zone to provide live entertainment, subjec t to a CUP; this type of activity does not
involve handling, transporting or using hazardous materials. Therefore, there will be no
impacts in this regard and no mitigation measures are required.
b) Create a significant hazard to the public or the environment through reasonably
foreseeable upset and accident conditions involving the release of hazardous materials
into the environment?
No Impact . The project is a zone text amendment whose intent is to allow restaurants
occupying C-P zoned properties to featur e live entertainment. Providing live
entertainment inside a restaurant does not involve the use of hazardous materials and
thus, it does not present a hazard to the public or the environment in regards to the
accidental release of hazardous materials into the environment.
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile of an existing or proposed school?
No Impact . The project, as noted above, pertains to permitting live entertainment in
restaurants and does not involve the handling of hazardous or acutely hazardous
materials. Therefore, project implementation does not involve emitting hazardous
emissions or handling hazardous materials, substances, or waste within one-quarter
mile of an existing or proposed school.
d) Be located on a site which is included on a list of hazardous materials sites compiled
pursuant to Government Code Section 65962.5 and, as a result, would it create a
significant hazard to the public or the environment?
.
No Impact The City of Downey does not have any records involving hazardous
materials or underground storage tanks associated with the affected properties (i.e., C-P
zoned properties). City records In addition show no current outstanding violations for the
subject properties. Furthermore, the County Department of Public Works has indicated
that the C-P zoned properties have no records of underground tanks. Finally, checking
the data base file at the California Water Quality Control Board indicated that there were
no violations associated with the affected properties. Therefore, the live entertainment
activities associated with the requested zone text amendment will not be located on
properties included on a hazardous materials list, pursuant to Government Code Section
65962 . 5 and will not create a significant hazard to the public or the environment.
e) For a project located within an airport land use plan or, where such a plan has not been
adopted, within two miles of a public airport or public use airport, would the project result
in a safety hazard for people residing or working in the project area?
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.
No Impact The closest airport is the Compton/Woodley Airport, which is a 77-acre
general aviation airport; it is located approxim ately 7 miles southwest of the City of
Downey. Downey is not located within the boundaries of an Airport Environs Land Use
Plan or within two miles of a public airport or public use airport. Therefore, no impacts
will occur.
f) For a project within the vicinity of a private airstrip, would the project result in a safety
hazard for people residing or working in the project area?
No Impact . As discussed above in Section e), the Compton/Woodley Airport is the
nearest airport to Downey and is located about 7 miles southwest of the City. The City is
not located within the vicinity of a private airstrip so approval of the requested zone text
amendment and implementation of its associated activities will not result in any airport-
related hazards for people residing or working in the area. Therefore, no impacts will
occur.
g) Impair implementation of or physically interfere with an adopted emergency response
plan or emergency evacuation plan?
No Impact . Implementation of the requested zone text amendment and its resultant
activities will not impair or physically interfere with any adopted emergency response
SODQRUHYDFXDWLRQSODQ7KHFLW\¶V(PHUJHQF\2SHUDWLRQV3ODQHVWDEOLVKHVVDIHW\
procedures in the event of disasters and emergencies. Should parts of the city need to
evacuated, the Police Department will coordi nate evacuation procedures, in accordance
with the evacuation routes shown in the 2005 General Plan Update. Furthermore,
implementation of the activities associated with the requested zone text amendment
would not require the closure of any public or private streets, nor would they impede
access of emergency vehicles to the affected properties or any surrounding areas in the
event of a disaster or emergency. In addition, the project and its associated activities
would provide, through the Fire Department plan review process, all required emergency
access in accordance with the requirements of the Downey Fire Department. Therefore,
no impacts would occur.
h) Expose people or structures to a significant risk of loss, injury or death involving wildland
fires, including where wildlands are adjacent to urbanized areas or where residences
are intermixed with wildlands?
No Impact . Brush fires are a rare occurrence in Downey due to the lack of vacant,
undeveloped areas overgrown with shrubbery. The affected C-P zone properties are
part of the built environment and are mostly surrounded by residentially- and
commercially-developed properties so they are not in the vicinity of wildlands.
Therefore, no impacts will occur.
4.8 HYDROLOGY AND WATER QUALITY.
Would the project:
a) Violate any water quality standards or waste discharge requirements?
No Impact. Project implementation will not violate water quality standards nor will it
violate any wastewater discharge requirements. The project, as described above, is a
zone text amendment, which is considered to be minor regulatory change, whose
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implementation does not involve construction. Rather it consists of permitting restaurants
through the CUP process to have live entertainm ent. Live entertainment will take place
within existing buildings and construction is not involved so the activities will not violate
water quality standards, nor does implementation necessitate the need for a waste
discharge permit.
b) Substantially deplete groundwater supplies or interfere substantially with
groundwater recharge such that there would be a net deficit in aquifer volume or a
lowering of the local groundwater table level (e.g., the production rate of pre-existing
nearby well would drop to a level which would not support existing land uses or planned
uses for which permits have been granted?)
No Impact. Affected properties are located in an urban area that is covered over with
buildings and other impervious surfaces (i.e., parking areas and walkways) and are not
used as a source for groundwater recharge. The City of Downey is located in a highly
urbanized setting that is mostly built out. Furthermore, implementing the zone text
DPHQGPHQWDQGLWVDVVRFLDWHGDFWLYLWLHVGRHVQRWLQYROYHGHYHORSPHQW KHQFHLWZRQ¶W
increase the amount of impervious surfaces. In addition, the project ultimately involves
SHUPLWWLQJOLYHHQWHUWDLQPHQWDQGQRWZLWKGUDZLQJJURXQGZDWHUWKXVWKHUHZRQ¶WEHDQ\
impacts in this regard.
c) Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of a stream or river, in a manner which would result in substantial
erosion or siltation on-or off-site?
No Impact . Project approval and the implementation of its associated activities will not
alter the drainage patterns of the C-P (Professional Office) zoned properties in the
FRPPXQLW\,PSOHPHQWDWLRQGRHVQRWLQYROYHFRQVWUXFWLRQEXWUDWKHULW¶VD]RQHWH[W
amendment that will allow restaurants in the C-P zone to have live entertainment,
subject to a CUP.
d) Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of a stream or river, or substantially increase the rate or amount
of surface runoff in a manner which would result in flooding on- or off-site?
No Impact . As discussed in Section c ), project approval, i.e., a zone text amendment,
and the implementation of its associated activities will not alter the existing drainage
patterns of the properties that are the subject of the requested zone text amendment.
Project implementation will enable restaurants occupying C-P zoned properties to offer
live entertainment, subject to the approval of a conditional use permit. In the case of the
requested amendment, live entertainment will EHFRQVLGHUHGWKHUHVWDXUDQW¶VDQFLOODU\
use, while serving meals is the primary activi ty, and neither of these activities involves
GHYHORSPHQWKHQFHWKHSURSHUWLHV¶GUDLQDJHSDWWHUQVZLOOUHPDLQLQWDFW
e) Create or contribute runoff water which would exceed the capacity of existing or planned
stormwater drainage systems or provide substantial additional sources of pollutant
runoff?
No Impact. Permitting live entertainment in restaurants, which would be the result of the
requested zone text amendment, will not produce runoff; hence it will not impact the
stormwater networks that serve the affected C-P zoned properties.
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f) Otherwise substantially degrade water quality?
No Impact . The purpose of the requested zone text amendment is to permit live
entertainment, which will take place inside restaurants and this kind of activity does not
produce runoff that would degrade water quality.
g) Place housing within a l00-year flood hazard area as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or other flood hazard delineation map?
No Impact . Project implementation does involve housing development, plus the entire
&LW\RI'RZQH\LVRXWVLGHWKH\HDUIORRGKD]DUGDUHDDFFRUGLQJWR)(0$¶V)ORRG
Insurance Rate Map for the city.
h) Place within a 100-year flood hazard area structures which would impede or redirect
flood flows?
No Impact. As the above section indicates, Section 4.8 (g), the affected C-P zoned
properties, as well as the entire community, are not within a 100-year flood hazard area.
i) Expose people or structures to a significant risk of loss, injury or death involving
flooding, including flooding as a result of the failure of a levee or dam?
No Impact. Please refer to Item 4.8.(g).
j) Inundation by seiche, tsunami, or mudflow?
No Impact . The City of Downey is not adjacent to a coastline or hillside so inundation
resulting from seiches, tsunamis and mudflows is not expected. Therefore, no impacts
would occur. .
4.9 LAND USE AND PLANNING.
Would the project:
a) Physically divide an established community?
No Impact . Adopting the requested zone text amendment, as well as approving any
subsequent applications to permit live entertainment will not physically divide an
established community. The project, a zone text amendment, will allow restaurant
owners to file CUP applications for live entertainment in restaurants with C-P zoning.
Therefore, live entertainment would occur inside buildings and would not physically
divide an established community.
b) Conflict with any applicable land use plan, policy, or regulation of an agency with
jurisdiction over the project (including, but not limited to the general plan, specific plan,
local coastal program, or zoning ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
No Impact. $SSURYLQJWKHSURMHFWD]RQHWH[WDPHQGPHQWWLWOHG3/1±±ZLOO
not conflict with any plan, policy or regulation of the agency that has authority over the
affected C-P zoned properties. The City of Downey has jurisdiction over the affected
properties, which includes land use control. The project is essentially a minor regulatory
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change that will permit restaurants to have live entertainment through the CUP process.
The requested amendment satisfies the findings requirements that are necessary for
approving a zone text amendment. In addition to the zoning ordinance, the project is
FRQVLVWHQWZLWKWKHSURYLVLRQVRIWKHDIIHFWHGSURSHUWLHV¶*HQHUDO3ODQGHVLJQDWLRQ
³2IILFH´7KH³2IILFH´GHVLJQDWLRQDOORZVSURIHVVLRQDODQGPHGLFDORIILFHVXVHVDQGWKH
C-P zone is the corresponding zone for this land use designation. The C-P zone also
permits restaurants within professional office buildings and live entertainment is
considered ancillary to restaurant use so there are no impacts in this regard.
Finally, properties impacted by the request ed amendment, properties with the C-P zoning
classification, are not located in a coastal zone and are not covered by a local coastal
program.
c) Conflict with any applicable habitat conservation plan or natural community conservation
plan?
No Impact . The City of Downy is not subject to any habitat or natural community
conservation plans. Therefore, the requested zone text amendment will not conflict with
any habitat conservation plan or natural community conservation plan, so no impacts
regarding this topic will occur.
4.10 MINERAL RESOURCES. :
Would the project
a) Result in the loss of availability of a known mineral resource that would be of value to
the region and residents of the state?
No Impact . Buildings occupy the affected properties (i.e., properties zoned Professional
Office, or C-P), along with asphalt-covered parking lots and concrete walkways. No
classified or designated mineral deposits of statewide or regional significance are known
to exist on the affected properties or in the City of Downey. Furthermore, the City is not
designated as an area of mineral potential or production. Therefore, project
implementation is not expected to result in the loss of availability of a known mineral
resource that would be of value to the region and the residents of the state, and no
impacts would occur.
b) Result in the loss of availability of a locally-important mineral resource recovery site
delineated on a local general plan, specific plan or other land use plan?
No Impact 7KHDIIHFWHGSURSHUWLHVDUHQRWGHOLQHDWHGRQWKH&LW\¶V*HQHUDO3ODQRURQ
any specific or land use plan as locally important mineral resource recovery sites;
therefore, no impacts would occur.
4.11 NOISE. :
Would the project result in
a) Exposure of persons to or generation of noise levels in excess of standards established
in the local general plan or noise ordinance, or applicable standards of other agencies?
No Impact. Project implementation is not expected to expose people to noise impacts,
or generate noise impacts, that exceed the established noise standard in the City of
'RZQH\¶V1RLVH2UGLQDQFH7KHFLW\VWDQGDUGUHJDUGLQJWKHPD[LPXPSHUPLVVLEOH
noise impact prohibits a noise impact/single noise event that exceeds 5 decibels
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[5db(A)] above the ambient noise level at any time during the course of a 24-hour day to
cross over an adjoining property [see Section 4606.3(a) of the Downey Municipal Code].
As noted above, project implementation consists of permitting restaurants that occupy
C-P zoned properties to offer live entertainment, subject to the approval of a conditional
use permit. In most cases here in Downey, the C-P zoned properties front on arterial
streets, such as Lakewood, Florence, Paramount Boulevards, and back-up to
residentially-zoned and developed properties. According to the provisions of the Zoning
Ordinance, office complexes will house the restaurants that offer live entertainment and
in most situations the parking areas for these complexes are located behind the
EXLOGLQJV±ZKLFKLVWKHDUHDWKDWVHSDUDWHVWKHRIILFHFRPSOH[HVDQGUHVLGHQWLDOO\
developed properties.
Noise that restaurants with live entertainment is expected to generate includes parking
ORWJHQHUDWHGQRLVHDQGQRLVHWKDW¶VW\SLFDOO\DVVRFLDWHGZLWKOLYHHQWHUWDLQPHQWLQ
restaurants. Measures that will be employed to insure that the anticipated noise impacts
GRQ¶WH[FHHGWKHHVWDEOLVKHGVWDQGDUGLQFOXGHWKHSURSRVHGIRRWEXLOGLQJVHSDUDWLRQ
requirement and the conditional use permit process. Through the CUP process,
Planning Division staff will evaluate each application for live entertainment and
recommend noise abatement measures as needed.
b) Exposure of persons to or generation of excessive groundborne vibration or
groundborne noise levels?
No Impact. Project implementation is not expected to generate groundborne vibrations
or excessive grundborne noise levels. As a general rule, it is uncharacteristic for
restaurants with live entertainment to generate grounborne vibrations or groundborne
noise.
c) A substantial permanent increase in ambient noise levels in the project vicinity above
levels without the project?
No Impact. Project implementation is not expected to generate a substantial
permanent increase in ambient noise levels above existing levels in the project vicinity.
As noted in Section 4.11 a), the first step in the review process for live entertainment
involves the applicant applying for a CUP. And it is during the CUP process, that
3ODQQLQJ'LYLVLRQVWDIIZLOOHYDOXDWHHDFKDSSOLFDWLRQ¶VSRWHQWLDOQRLVHLPSDFWV
0RUHRYHUWKH&LW\¶V1RLVH2UGLQDQFHSURKLELWV activities from transmitting noise impacts
across property lines that exceeds by fi YHGHFLEHOVDERYHWKHDUHD¶VDPELHQWQRLVH
levels.
d) A substantial temporary or periodic increase in ambient noise levels in the project
vicinity above levels without the project?
Less Than Significant. See the responses in Sections 4.11 a) and c).
e) For a project located within an airport land use plan, or where such a plan has not been
adopted, within two miles of a public airport or public use airport, would the project
expose people residing or working in the project area to excessive noise levels?
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No Impact . The City of Downey is not located within an airport land use plan nor is
there a public airport within two miles of it. As such, people affiliated with project
implementation will not be subject to excessive noise levels in this regard.
f) For a project within the vicinity of a private airstrip, would the project expose
people residing or working in the project area to excessive noise levels?
No Impact . The City of Downey is not is not located near a private airstrip.
4.12 POPULATION AND HOUSING. :
Would the project
a) Induce substantial population growth in an area, either directly (for example, by
proposing new homes and businesses) or indirectly (for example, through extension of
roads or other infrastructure)?
No Impact. Approving the requested zone text amendment, which involves allowing
restaurants in the C-P zone to have live entertainment, subject to obtaining a CUP, will
QRWGLUHFWO\RULQGLUHFWO\LQFUHDVHWKHDUHD¶VSRSXODWLRQ
b) Displace substantial numbers of existing housing, necessitating the construction of
replacement housing elsewhere?
No Impact. Project implementation, which as noted above involves allowing restaurants
in the C-P zone to offer live entertainment, will not displace any existing housing units.
c) Displace substantial numbers of people, necessitating the construction of replacement
housing elsewhere?
No Impact. Implementing the requested zone text amendment does not involve the
displacement of existing housing units nor does it involve or displacing any people. As
noted previously, the project consists of allowing restaurants with the C-P zoning
designation to offer live entertainment.
4.13 PUBLIC SERVICES.
a) Would the project result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response times or
other performance objectives for any of the public services:
1) Fire Protection
No Impact. Project implementation in terms of its effects on fire fighting resources is
expected to be negligible. Implementing the project, as noted previously, will take the
form of allowing restaurants that occupy C-P zoned properties to have live
entertainment, subject to CUP approval. The project as described is not expected to
increase the demand for fire services within the City of Downey. Impacts would be less
than significant.
2) Police Protection?
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No Impact. Police protection for the site is provided by the City of Downey Police
Department. Permitting restaurants in the C-P to have live entertainment may result in a
slight increase in the number of service calls to the Police Department. However, the
LPSDFWLVIRUHFDVWWREHPLQLPDODQGLW¶VQRWH[SHFWHGWRLPSDFWVWDIILQJOHYHOVRUWKH
GHSDUWPHQW¶VHTXLSPHQWDQGUHVRXUFHV
3) Schools?
No Impact. Properties designated C-P are located within the boundaries of the Downey
Unified School District. However, due to the nature of the requested zone text
amendment, permitting live entertainment in re staurants, project implementation will not
DIIHFWVWXGHQWHQUROOPHQWVVRWKHUHZRQ¶WEHDQLPSDFWWRWKHVFKRROGLVWULFW
4) Parks?
No Impact. Approving the zone text amendment, then subsequently permitting
restaurants occupying C-P designated properties to have live entertainment through the
&83SURFHVVZLOOQRWLPSDFWWKH&LW\¶VSDUNIDFLOLWLHV
5) Other public facilities?
No Impact . Due to the nature of the requested zone text amendment, project
implementation will not impact other public fac ilities within the city, such that the need
would not arise for new or physically altered facilities.
4.14 RECREATION
a) Would the project increase the use of existing neighborhood and regional parks or other
recreational facilities such that substantial physical deterioration of the facility would
occur or be accelerated?
b) Does the project include recreational facilities or require the construction or expansion
of recreational facilities which might have an adverse physical effect on the
environment?
a-b) No Impact. This zone text amendment does not propose any actions that would
directly or indirectly result in development of a specific site or fundamentally change an
area within the City so it would not impact the availability of recreation facilities or parks.
As previously noted, project implementati on consists of permitting restaurants to have
live entertainment, after obtaining a CUP. Given the characteristics of the amendment,
approving it would not result in greater demand for recreational facilities and parks. In
DGGLWLRQWKHDPHQGPHQWZLOOQRWFRQIOLFWZLWKWKH&LW\¶V2SHQ6SDFH&KDSWHUZKLFK
includes a list of parks and recreation areas and provides goals and policies to ensure
that parks are protected and preserved. .
4.15 TRANSPORTATION/TRAFFIC.
Would the project:
a) Conflict with an applicable plan, ordinance or policy establishing measures of
effectiveness for the performance or the circulation system, taking into account all
modes
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of transportation including mass transit and non-motorized travel and relevant
components of the circulation system, including but not limited to intersections, streets,
highways and freeways, pedestrian and bicycle paths, and mass transit?
No Impact. Adopting the requested ]RQHWH[WDPHQGPHQWZLOOQRWFRQIOLFWWKH&LW\¶V
0DVWHU3ODQRI6WUHHWV +LJKZD\VDSULQFLSDOFRPSRQHQWRIWKH*HQHUDO3ODQ¶V
Circulation Chapter, or any of the policies or programs in the Circulation Chapter. The
highway plan provides a hierarchy of r oadways that are designated to meet the
circulation needs of Downey. And it is made up of a series of roadway types designed to
serve the transportation needs of the City, whic h form the skeletal framework of the City,
by controlling block sizes and shapes, neighborhood boundaries, and providing utility
easements and open areas. As noted above, the application under consideration is a
]RQHWH[WDPHQGPHQWWRWKH&LW\¶V]RQLQJRUGLQDQFHWKDWDGGUHVVHVUHVWDXUDQWVDQGOLYH
entertainment and does not involve a specific development proposal. Therefore, it does
not does not propose any actions that would directly result in development of a specific
site or fundamentally change an area within the City, and therefore would not have a
QHJDWLYHLPSDFWRQWUDIILF+RZHYHUIROORZLQJWKHDPHQGPHQW¶VDSSURYDODSSOLFDWLRQV
accompanying CUP petitions for live entertainment may generate additional traffic, in
particular during nighttime hours when live entertainment typically occurs. Yet the
potential traffic impacts of each application will be evaluated during the CUP review
process and its accompanying CEQA review.
b) Conflict with an applicable congestion management program, including, but not limited to
level of service standards and travel demand measures, or other standards established
by the county congestion management agency for designated roads or highways?
No Impact. Project implementation, i.e., approving the requested zone text
amendment, will not generate traffic. Therefore, it will not affect the level of service of an
intersection or highway in the community, nor will it impact any of the roadways or
intersections in the city that comprise the Congestion Management Program.
Subsequent to the approval of the zone text amendment, a separate traffic review will be
conducted for each CUP application for live entertainment, as part of the CEQA review;
DQGWKHDQDO\VLVZLOOFRQVLGHUHDFKDSSOLFDWLRQ¶VLPSDFWVRQWKHQHDUE\LQWHUVHFWLRQVDQG
roadways that serve the project site.
c) Result in a change in air traffic patterns, including either an increase in traffic levels or a
change in location that results in substantial safety risks?
No Impact . Approving the requested zone text amendment, then subsequently
approving requests for live entertainment will not impact air traffic flights. The scope and
magnitude of any future application permitting restaurants to have live entertainment are
site-specific, and as such, they will not affect air traffic patterns.
d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm equipment)?
No Impact . A site-specific proposal, as noted previously, did not accompany the
requested zone text amendment. Rather the amendment proposes allowing restaurants
in the C-P zone to have live entertainment, subject to the approval of a CUP. In the
event the amendment is approved and live enter tainment applications are submitted,
DFFHVVGULYHZD\VWRWKHUHVWDXUDQWWKDW¶VXQGHUFRQVLGHUDWLRQDVZHOODVLWVRQVLWH
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FLUFXODWLRQZLOOEHGHVLJQHGDQGFRQVWUXFWHGSXUVXDQWWRWKH&LW\RI'RZQH\¶VGHVLJQ
and engineering standards. As such, implementation of a future project will not result in
any hazards involving design features in regards to its parking areas and ingress/egress
approaches.
e) Result in inadequate emergency access?
No Impact . As noted above, a project is a zone text amendment and is not a site-
specific development proposal. Nonetheless, all projects under consideration in Downey
are designed in accordance with Fire Department provisions to ensure that all on-site
project components are accessible to Fire Department personnel, fire-fighting equipment
and emergency medical vehicles.
f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or
pedestrian facilities, or otherwise decrease the performance or safety of such facilities?
No Impact . A CUP application for live entertainment is always site specific and it will be
confined to the boundaries of that site. Moreover, it will limited in scope and magnitude;
and is not expected to conflict with a plan, policy or program that supports alternative
transportation modes.
4.16 UTILITIES AND SERVICE SYSTEMS. Would the project:
a) Exceed wastewater treatment requirements of the applicable Regional Water Quality
Control Board?
No Impact. Since the application under consideration is a request to amend the zoning
ordinance and is not a site-specific development proposal, there will not be an impact on
the wastewater treatment requirements of the Regional Water Quality Control Board.
Moreover, because most of the applications for live entertainment will involve existing
restaurants, the impact of these activities on the wastewater mains and wastewater
treatment facilities that serve them is expected to be negligible.
b) Require or result in the construction of new water or wastewater treatment
facilities or expansion of existing facilities, the construction of which could cause
significant environmental effects?
No Impact. The extent of the requested zone text amendment, as reported above, is
limited to enabling restaurants in the C-P zone (Professional Office zone) to have live
entertainment, through the CUP evaluation process. The amendment does not consist
of a site-specific physical development proposal. A consequence, it will not result in the
need to construct or expand a potable water facility or wastewater treatment facility.
c) Require or result in the construction of new stormwater drainage facilities or expansion
of existing facilities, the construction of which could cause significant environmental
effects?
No Impact. Approving the requested zone text amendment will not necessitate the
construction or expansion of new stormwater drainage facilities or the expansion of an
existing facility. Rather, the proposed amendment is not a development proposal, as
noted above, but a regulatory change that will allow restaurants in the C-P zone to
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provide live entertainment by first obtaini ng a CUP. The impact of restaurants with live
entertainment on stormdrain facilities is also expected to be negligible.
d) Have sufficient water supplies available to serve the project from existing entitlements
and resources, or are new or expanded entitlements needed?
No Impact. Project implementation will not impact the City's available water supply.
Again, the zone text amendment under consideration is a minor regulatory change and
GRHVQRWLQYROYHSK\VLFDOGHYHORSPHQW)ROORZLQJWKHDPHQGPHQW¶VDSSURYDO
petitioners will have the opportunity to submit CUP applications for live entertainment;
and an environmental analysis will be prepared at the same time as part of the
DSSOLFDWLRQSURFHVV2QHRIWKHDUHDVWKDWZLOOEHHYDOXDWHGLVWKHDSSOLFDWLRQ¶VLPSDFWV
on available water supply. Potential impacts are expected to be negligible, however,
given the nature and characteristics of live entertainment.
e) Result in a determination by the wastewater treatment provider, which serves or
may serve the project that it has adequate capacity to serve the project’s
projected demand in addition to the provider’s existing commitments?
No Impact. The volume of wastewater that restaurants with live entertainment in the C-
P zone generate is expected to negligible. Applications for future restaurants/live
entertainment, however, could, result in the need to incrementally expand the sewerage
system and the regional treatment facilities that serve the affected location. An
DSSOLFDWLRQ¶VLPSDFWVFRXOGEHUHGXFHGWRDQDFFHSWDEOHOHYHOKRZHYHUE\WKH
applicant/developer paying the connection fees to the Sanitation Districts of Los Angeles
&RXQW\$IHHZRXOGEHUHTXLUHG³DVDFRQGLWLRQRISURMHFWDSSURYDO´WRLQFUHPHQWDOO\
expand the treatment systems in order to accommodate the new activity. The Sanitation
Districts are empowered by the California Health and Safety Code to charge a fee to
connect to their sewerage system to increase quantity of wastewater attributable to a
SDUWLFXODUSDUFHORURSHUDWLRQWKDW¶VDOUHDG\FRQQHFWHG3D\PHQWRIWKHIHHLVUHTXLUHG
before a permit to connect to the sewer is issued.
f) Be served by a landfill with sufficient permitted capacity to accommodate the
project’s solid waste disposal needs?
No Impact. 7KHLQFUHDVHLQVROLGZDVWHWKDWIXWXUHDSSOLFDWLRQV¶DFWLYLWLHVZLOOJHQHUDWH
is not expected to lead to a shortfall in landfill capacity. Thus, no adverse impact on
solid waste disposal services is expected with the amendment and resulting
applications. Solid waste disposal services in the City of Downey are provided by
CalMet Services, Inc. Waste collected within the city is brought to the Downey Area
Recycling and Transfer (DART) facility, which is owned by the Sanitation Districts of Los
Angeles County. The DART facility is located at 9770 Washburn Road in Downey and
has a disposal rate of 6,700 tons per month. Waste materials are separated from
recyclables there, then the waste materials are taken to the Puente Hills Landfill, which
is located in Whittier. Puente Hills is permitted to accept 13,400 ton per day and has a
closing date of 2013. Additional landfills are available in Los Angeles County that could
serve future applications once Puente Hills closes.
g) Comply with federal, state, and local statutes and regulations related to solid
waste?
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No Impact . Future restaurants with live entertainment in the C-P zone would comply
with all regulations related to solid waste, such as the California Integrated Waste
Management Act and City of Downey recycli ng programs; therefore, no impacts would
occur.
5.0 MANDATORY FINDINGS OF SIGNIFICANCE
The following findings have been made regarding the mandatory findings of significance set
forth in Section 15065 of the CEQA Guidelines, based on the results of this environmental
assessment.
a) Does the project have the potential to degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of rare or endangered plant or
animal or eliminate important examples of the major periods of California history or
prehistory?
No Impact . Properties affected by the requested zone text amendment, i.e., C-P zoned
parcels, along with their neighboring properties are urban in character and part of a
builtout community and do not contain any biological resources that might be affected by
implementing the requested amendment. Therefore, approving the zone text
amendment and subsequently allowing restaurants to offer live entertainment does not
have the potential to degrade the quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-
sustaining levels, threaten to eliminate a plant or animal community, reduce the number
or restrict the range of a rare or endangered plant or animal or eliminate important
examples of the major proceeds of California History or prehistory.
b) Does the project have impacts that are individually limited, but cumulatively
considerable? (“Cumulatively considerable” means that the incremental effects of a
project are considerable when viewed in connection with the effects of past projects, the
effects of other current projects, and the effects of probable future projects)?
No Impact . Project implementation, which consists of approving the proposed
amendment, along with permitting restaurants to have live entertainment on C-P zoned
properties is not expected to result in impacts that would be cumulatively considerable.
7KHSURMHFW¶VLQFUHPHQWDOFRQWULEXWLRQVWRWKHYDULRXVHQYLURQPHQWDODUHDVDUHH[SHFWHG
to be negligible and not cumulatively considerable. Further, there are no known
proposed projects in the vicinity of the affected properties that would cause significant
cumulative effects.
c) Does the project have environmental effects, which will cause substantial adverse
effects on human beings, either directly or indirectly?
No Impact . Project implementation is not anticipated to have any direct or indirect
DGYHUVHHIIHFWVRQKXPDQVZRUNLQJRUUHVLGLQJLQWKHYLFLQLW\RIWKHSURMHFW¶VDIIHFWHG
properties.
A NEGATIVE DECLARATION SHALL BE PREPARED FOR ZONE TEXT AMENDMENT
3/²²
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H:msell/C-P ZoneRestaurantswLive Entertainment /initialstudy
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