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HomeMy WebLinkAboutResolution No. 6215 RESOLUTION NO. 6 215 A RESOLUTION OF THE PITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE MITIGATED NEGATIVE DECLARATION FOR ANDREWS RANCHO DEL SUR RETAIL CENTER AND VACATION NO. 173 THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Downey does hereby find, determine and declare as follows: A. The authorized agent for Andrews Rancho del Sur, Mark Shenouda, submitted a request to the Public Works Department of the City of Downey to vacate the sections of Ryerson Avenue and Neo Street stretching from the south side of Firestone Boulevard and the westerly line of the public alley west of Haro Avenue (see Exhibit A). B. The City of Downey, as the Lead Agency for Vacation No. 173, has caused to be prepared an Initial Study of Environmental Impacts (hereafter referred to as the Initial Study) and proposed Mitigated Negative Declaration for Vacation No. 173, pursuant to the California Environmental Quality Act (CEQA) of 1970, as amended, the state CEQA Guidelines and the City of Downey's Revised Procedures For Implementing CEQA, which were adopted by City Council Resolution No. 5646. Although the City of Downey had assistance in preparing the Initial Study, the Initial Study and the proposed Mitigated Negative Declaration reflect the independent judgement of the City of Downey. C. The Initial Study and proposed Mitigated Negative Declaration evaluated the probable and potential environmental effects of the development of the Andrews Rancho del Sur Retail Center and Vacation No. 173. D. In accordance with CEQA, the Initial Study and the proposed Mitigated Negative Declaration were distributed to the appropriate public agencies and were made available to the public for review and comment for a 20-day period from November 13, 1998 to December 2, 1998. E. The Planning Commission of the City of Downey found at the Commission meeting of November 18, 1998 that Vacation No. 173 is in conformance with the Circulation Chapter of the City's General Plan and reported this finding to the City Council, in accordance with Government Code Section No. 65402.(a). Resolution No. 6 215 Page 2 F. The City Council of the City of Downey conducted a public hearing on December 8, 1998, at which time evidence was heard on the Initial Study, the proposed Mitigated Negative Declaration and Vacation No. 173. G. The City Council of the City of Downey fully reviewed and carefully considered the Initial Study and proposed Mitigated Negative Declaration, together with any comments received during the public review period and during the public hearing; and H. Based upon the Initial Study and any comments received during the public review period, both the development of Andrews Rancho del Sur Retail Center and implementation of Vacation No. 173, as well as the implementation of the Mitigated Negative Declaration's recommended mitigation measures (which are contained in Exhibit B, titled Mitigation Monitoring Program and incorporated herein by reference) will not have a significant adverse effect on the environment. SECTION 2., That the City Council of the City of Downey hereby approves the Mitigated Negative Declaration, since the actions are complete and adequate, and the Mitigated Negative Declaration was prepared in compliance with the requirements ,--, of CEQA, the state CEQA Guidelines and the City's Revised Procedures for Implementing CEQA. SECTION 3., The Director of Public Works is hereby directed to file the Notice of Determination for the Mitigated Negative Declaration with the County Clerk of the County of Los Angeles. SECTION 4., The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 8th day of December, 1998. k , is, (dist G!' P. cCaughan, M- :IF ATTEST: n c_ 1 A/76r Ju t E. McDonnel 1 , City Clerk 0 Resolution No. 6215 Page 3 I HEREBY CERTIFY the foregoing is a true copy of the Resolution adopted by the City Council of the City of Downey at a regular meeting thereof, held on the 8th day of December, 1998 by the following vote, to wit: AYES: 5 COUNCILMEMBERS: Lawrence, McCarthy, Perkins, Winningham, McCaughan NOES: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None - ; dith E. McDonnell City Clerk Treasurer h:planning\nselhdrbinegdecre RESOLUTION NO. 6215 EXIIHIIEA T VACATION NO. 173 • • . , •. . • _... FIREs-roNE . ••••. . y • 7 ' b —�,.� 8" 1.4, • • <. I / . : , • :� t .�. �� I A ND RE ws /ty. / ti • s • 4N4444444N4iio. ''11:' e ' r 0_, 4 n • / y it �. Jr • '<J.� B O o of • CiMie 11 . s 7 • S • T 1. 0 North DOWNEY PLANNING DIVISION RESOLUTION NO. 6215 EXHIBIT B ANDREWS RANCHO DEL SUR RETAIL CENTER AND PROPOSED STREET VACATION NO. 173 MITIGATION MONITORING PROGRAM Prepared For: CITY OF DOWNEY Community Development Department 11111 Brookshire Avenue Downey, CA 90241 Prepared By: DUANE MORITA PLANNING AND ENVIRONMENTAL 6643 East Smokey Avenue Orange, CA 92867 DECEMBER 1998 RESOLUTION NO. 6215 MITIGATION MONITORING PROGRAM ANDREWS RANCHO DEL SUR RETAIL CENTER AND PROPOSED STREET VACATION NO. 173 CITY OF DOWNEY Effective January 1, 1989, the California Environmental Quality Act was amended to add Section 21081.6, implementing Assembly Bill (AB) 3180. As part of CEQA environmental review procedures, AB 3180 requires a public agency to adopt a monitoring and reporting program for assessing and ensuring efficiency of any required mitigation measures applied to proposed developments. As stated in Section 21081.6 of the Public Resources Code: "...the public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted, or made a condition or project approval, in order to mitigate or avoid significant affects on the environment." AB 3180 provides general guidelines for implementing monitoring and reporting programs. Specific reporting and/or monitoring requirements, to be enforced during project implementation, shall be defined prior to final approval of the project proposal by the responsible decision maker(s). In response to established CEQA requirements and those of AB 3180 (Public Resources Code Section 21000 et seq.), the proposed mitigation monitoring program shall be submitted for consideration prior to completion of the environmental review process to enable the decision maker's appropriate response to proposals. The mitigation monitoring program must be provided as part of the Final Mitigated Negative Declaration. The mitigation monitoring program is presented in this section. Each recommended mitigation measure is listed and categorized by impact topic,with an accompanying discussion of: • The party responsible for implementation of mitigation measure. • The phase of the project during which the measure should be monitored. • The method of verifying compliance with mitigation measure. • The agency responsible for monitoring compliance with mitigation measure. 1 RESOLUTION NO. 6215 Geologic Problems 1. Each phase of development shall comply with seismic requirements of the latest Uniform Building Code (Section 2312 of the UBC) and the City of Downey Municipal Code. • Responsible for Implementation: Applicant • Monitoring Phase: Prior to issuance of building permit • Method of Monitoring: Plan check of building plans to ensure compliance • Monitoring Agency: City Building and Safety Division 2. Prior to issuance of a grading permit, the Applicant shall prepare an erosion control plan subject to approval by the City Engineer. • Responsible for Implementation: Applicant • Monitoring Phase: Prior to issuance of grading permit • Method of Monitoring: Plan check of grading plan and erosion control plan to ensure compliance • Monitoring Agency: City Public Works Department Water and Hydrology 3. Prior to issuance of a building permit,the Applicant shall prepare a drainage plan to the satisfaction of the Department of Public Works at the City of Downey. • Responsible for Implementation: Applicant • Monitoring Phase: Prior to issuance of building permit • Method of Monitoring: Plan check of drainage plan to ensure compliance • Monitoring Agency: City Public Works Department 4. Final floor elevations for proposed structures shall be at least 111 feet above mean sea level. • Responsible for Implementation: Applicant • Monitoring Phase: Prior to issuance of building permit • Method of Monitoring: Plan check of building plans to ensure compliance • Monitoring Agency: City Building and Safety Division 2 RESOLUTION NO. 6215 5. An NPDES permit shall be acquired from the California Regional Water Quality Control Board. The NPDES permit requires project compliance with those Best Management Practices which are described in the permit. • Responsible for Implementation: Applicant • Monitoring Phase: Prior to issuance of grading permit • Method of Monitoring: Applicant provide proof of NPDES permit • Monitoring Agency: City Public Works Department Air Quality 6. Future development shall comply with dust control measures and nuisance abatement and fugitive dust rules contained in Rules 401-403 governing the South Coast Air Quality Management District. • Responsible for Implementation: Applicant/Contractor • Monitoring Phase: Throughout construction phase • Method of Monitoring. Periodic site inspections • Monitoring Agency: City Building and Safety Division Transportation and Circulation 7. Prior to issuance of Certificate of Occupancy for Phase I development,the Applicant shall comply with the following ❑ Modify existing traffic signal by installing a left-turn phase on northbound Old River School Road at Firestone Boulevard. ❑ Lengthen the northbound-to-westbound left-turn pocket on Old River School Road at Firestone Boulevard. ❑ Install "Right Turn Only" signs at each of the secondary driveways that exit onto Firestone Boulevard. ❑ Continue the posting of "No Stopping Any Time" signs on the south side of Firestone Boulevard along the project frontage. ❑ Provide two inbound and two outbound lanes at the main entrance with a striped median to separate the two directions. ❑ Provide one inbound and one outbound lane at each secondary driveway. ❑ Comply with recommendations of the City's Transportation Demand Management Ordinance, which encourages preferential parking spaces, bus information and pedestrian and bicyde facilities, etc. 3 RESOLUTION NO. 6215 • Responsible for Implementation: Applicant • Monitoring Phase: Prior to issuance of first Certificate of Occupancy • Method of Monitoring: Site inspections to ensure compliance • Monitoring Agency: City Planning Division and Public Works Department Energy and Mineral Resources 8. Prior to street vacation or issuance of a building permit,a"will-serve" letter from SCE is required. • Responsible for Implementation: Applicant • Monitoring Phase: Prior to street vacation or issuance of building permit • Method of Monitoring: Applicant provide proof of"will-serve" letter • Monitoring Agency: City Building and Safety Division and Public Works Department 9. Installation of electrical facilities shall be coordinated with installation of other utilities to further minimize disruption. • Responsible for Implementation: Applicant • Monitoring Phase: Prior to issuance of building permit • Method of Monitoring: Plan check of building plans to ensure compliance • Monitoring Agency: City Building and Safety Division 10. Project design and operations shall comply with State Energy Conservation Guidelines and Regulations, including applicable Title 24 requirements and other State Building and Energy Efficiency Standards. • Responsible for Implementation: Applicant • Monitoring Phase: Prior to issuance of building permit • Method of Monitoring: Plan check of building plans to ensure compliance • Monitoring Agency: City Building and Safety Division Noise 11. Contractors shall ensure the following Construction activities shall occur only between the hours of 7:00 AM to 9:00 PM. 4 RESOLUTION NO. 6215 ❑ No construction shall exceed 85 dB at any time, in accordance with Section 4606.5 of the City's Noise Ordinance. • Responsible for Implementation: Applicant/Contractor • Monitoring Phase: Throughout construction phase • Method of Monitoring: Periodic site inspections • Monitoring Agency: City Planning and Building and Safety Divisions 12. Applicant shall ensure the following. ❑ No delivery truck traffic shall occur behind the stores from 10:00 PM to 7:00 AM. ❑ No truck/trailers shall be parked behind any store with any mechanical equipment such as refrigerator/freezer units running during the time from 10:00 PM to 7:00 AM. ❑ The trash compactor shall not be operated between the hours from 10:00 PM to 7:00 AM,Monday through Friday, 10:00 PM to 8:00 AM on Saturdays, and 10:00 PM to 9:00 AM on Sundays and holidays. ❑ Refuse or recycled cardboard trucks shall not collect waste materials during those times when operation of the refuse compactor is prohibited. ❑ Sweeping the area behind the buildings shall not occur from 10:00 PM to 7:00AM. ❑ Idling vehicles are not permitted behind the stores. The engine on any equipment stopped during unloading operations shall be turned off,including any refrigeration units if a grocery operation is a site tenant. ❑ Rear doors to any stores shall remain dosed except during loading/unloading of materials. • Responsible for Implementation: Applicant • Monitoring Phase: Throughout project operations • Method of Monitoring: Periodic site inspections • Monitoring Agency: City Planning Division Public Services 13. The Applicant shall ensure that future development is designed with the following fire protection features: ❑ Fire access roadways shall be provided throughout the project site at a minimum width of 20 feet. 5 RESOLUTION NO. 6215 0—, o A minimum fire flow of 3,000 gallons per minute is required for the project site. When buildings are provided with fire sprinkler systems, required flows may be modified per exceptions noted in the Uniform Fire Code and as determined by the Fire Chief. o Onsite fire hydrants shall be provided with a minimum spacing of 300 feet. Locations shall be determined by the Fire Department. ❑ Buildings shall be provided with an approved fire sprinkler and fire alarm system per the Downey Municipal Code. ❑ Buildings'addresses shall be plainly visible from the street. o Buildings shall have Knox access. • Responsible for Implementation: Applicant • Monitoring Phase: Prior to issuance of building permit • Method of Monitoring: Plan check of building plans to ensure compliance • Monitoring Agency: City Fire Department 14. Prior to issuance of a building permit,the Applicant shall: ❑ Meet with the City's Water Division and Fire Department to coordinate any abandonment or removal of existing fire hydrants and water lines and ensure that adequate fire flows are available. o Meet with the Downey Unified School District and pay appropriate school fees. • Responsible for Implementation: Applicant • Monitoring Phase: Prior to issuance of building permit • Method of Monitoring: Applicant provide proof of meetings and payment of appropriate fees to ensure compliance • Monitoring Agency: City Building and Safety Division,Water Division,and Fire Department 15. If determined that additional fire hydrants are required to service the project, said hydrants shall be installed before combustible materials are allowed inside the structures. • Responsible for Implementation: Applicant • Monitoring Phase: Prior to issuance of building permit • Method of Monitoring: Plan check of building plans to ensure compliance 6 RESOLUTION NO. 6215 • Monitoring Agency: City Fire Department 16. All structures and buildings will be equipped with fire sprinkler systems. • Responsible for Implementation: Applicant • Monitoring Phase: Prior to issuance of building permit • Method of Monitoring: Plan check of building plans to ensure compliance • Monitoring Agency: City Fire Department Utilities and Service Systems 17. Prior to street vacation or issuance of a building permit, the Applicant shall coordinate with Southern California Edison, Southern California Gas, General Telephone Company, City Water Division, and County Sanitation District,to address the following: O Discuss how the project will be serviced by the respective agencies. o Establish how any required abandonment, removal, or relocation of utilities and facilities existing within the vacated segment shall be accomplished. a Pay appropriate fees. o Acquire "will serve" letters from Southern California Edison, Southern California Gas, and General Telephone Company. o Obtain a Standard Connection Permit from the County Sanitation District. • Responsible for Implementation: Applicant • Monitoring Phase: Prior to street vacation or issuance of building permit • Method of Monitoring: Applicant provide proof that coordination with various agencies occurred and foregoing requirements have been met • Monitoring Agency: City Public Works Department 18. Prior to issuance of a building permit,the Applicant shall prepare a drainage plan to the satisfaction of the Department of Public Works. • Responsible for Implementation: Applicant • Monitoring Phase: Prior to issuance of building permit ,..1 • Method of Monitoring: Plan check of drainage plan to ensure compliance 7 RESOLUTION NO. 6215 ,.� • Monitoring Agency: City Building and Safety Division and Public Works Department 19. Prior to storing of any combustibles onsite, an approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. When any portion of the facility or building protected is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility or building, onsite fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the Chief. • Responsible for Implementation: Applicant • Monitoring Phase: Prior to any storing of combustibles onsite • Method of Monitoring: Site inspections to ensure compliance • Monitoring Agency: City Fire Department Aesthetics 20. Prior to Design Review approval for each phase, the Design Review Board shall accomplish the following: ❑ Ensure that sufficient landscaping and buffering are provided along the eastern and southern perimeters of the project site to screen neighboring residences from project-generated light and glare to the greatest extent possible. ❑ Ensure that all exterior light fixtures, parking lot lighting, and security lighting shall be designed for uniformity of lighting poles,fixtures,and intensity. ❑ Ensure that parking lot, security lighting and exterior light fixtures shall be arranged and shielded to prevent glare and reflection, any nuisance, inconvenience and hazardous interference to adjoining properties. Outdoor lighting shall be arranged to ensure light is not directed on any street or abutting property. ❑ Ensure that exterior building materials of proposed buildings shall not produce excessive glare. • Responsible for Implementation: Applicant • Monitoring Phase: Prior to Design Review approval for each phase • Method of Monitoring. Plan check of Design Review submittal to ensure compliance • Monitoring Agency: City Planning Division 21. The City's traffic engineer and City Planner shall review parking area light plans to ensure the Applicant complies with City requirements. 8 • RESOLUTION NO. 6215 • Responsible for Implementation: Applicant • Monitoring Phase: Prior to issuance of building permit • Method of Monitoring: Plan check of parking area light plans • Monitoring Agency: City Planning Division and Public Works Department 9