October 25, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: FIRE DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH
KJ CONSULTANTS TO PROVIDE FIRE PROTECTION ENGINEERING
SERVICES FOR THE COMPTON FIRE DEPARTMENT ($40,000)
SUMMARY
Adoption of this resolution will authorize the City Manager to enter into a three (3) year agreement (i.e. July 1, 2022 through June 30, 2025) with KJ Consultants for Fire Protection Engineering Services. Additionally, a purchase order in the amount of Forty Thousand Dollars and Zero Cents ($40,000.00) is requested to provide funds to cover invoices for the services to be rendered.
BACKGROUND
The Department must review new building and building improvement plans to assure that contractors are in compliance with current fire codes and regulations; however, the Department does not have sufficient staff to perform fire protection engineering services, thus there is a need to engage the services of a qualified and experienced engineering firm to review building plans as related to fire codes and regulations.
STATEMENT OF ISSUE
An RFP was published for Fire Protection Engineering Services on May 3, 2022, closed on May 25, 2022. The City Clerk received four (4) proposals from the following vendors: KJ Consultants ($50.00 per hour), Astral Engineers ($225.00 per hour), P2S ($329.00 per hour) and Jensen Hughes ($265.00-$330.00 per hour). All firms have Qualified Plan checkers. After reviewing the proposals for the 2022-2023 Fiscal Year, staff determined that the needs of the Department would be best met by contracting with KJ Consulting because they provided the lowest, most responsive bid that meet the Fire Department’s needs.
City Council approval is needed because the expenditure is in excess of $25,000.00 Dollars.
2.2.2.2.2.2.2.2. KJ Consulting Staff Report
FISCAL IMPACT
The estimated cost for Fiscal Year 2022-2023 is Forty Thousand Dollars and Zero Cents ($40,000.00). Funds for this expenditure are available in the 2022-2023 Fiscal Year budget in Account No. 1001-690-000-4262.
RECOMMENDATION
It is recommended that Council adopt the attached Resolution.
RONERICK SIMPSON, FIRE CHIEF
COMPTON FIRE DEPARTMENT
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH KJ CONSULTANTS TO PROVIDE FIRE
PROTECTION ENGINEERING SERVICES FOR THE COMPTON FIRE
DEPARTMENT ($40,000)
WHEREAS,the Fire Department requires the assistance of a qualified and experienced engineering firm to review building plans to ensure compliance with all applicable codes and regulations; and
WHEREAS, an RFP was published for Fire Protection Engineering Services on May 3, 2022, closed on May 25, 2022. The City Clerk received four (4) proposals from the following vendors: KJ Consultants ($50.00 per hour), Astral Engineers ($225.00 per hour), P2S ($329.00) and Jensen Hughes ($265- $330.00; and WHEREAS,All four consultants have qualified plan checkers that will provide such services needed by this Department; and
WHEREAS, Staff is recommending that the Department continues to use KJ Consultants for its fire protection engineering services because it submitted the lowest, most responsible bid; and
WHEREAS, the estimated cost for fire protection engineering services for the remainder of Fiscal Year 2022-2023 is Forty Thousand Dollars and Zero Cents ($40,000.00); and
WHEREAS, funds for this expenditure for Fiscal Year 2022-2023 are currently budgeted in the Fire Department budget and funding for the remaining years of the agreement shall be appropriated in future City budgets.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Manager, on the advice and approval of the City Attorney is hereby authorized to enter into a three (3) year agreement (i.e. July 1, 2022 through June 30, 2025) with KJ Consultants for providing fire protection engineering services for the City of Compton Fire Department.
SECTION 2.That a purchase order is authorized to be established in the amount of Forty Thousand Dollars and Zero Cents, ($40,000.00) to cover invoices for the Department’s anticipated share of fire protection engineering services for Fiscal Year 2022-2023.
SECTION 3.That the funds for this expenditure be available in Account No. 1001-690-000-4262. Funding for the remaining years of the agreement shall be appropriated in future City budgets.
SECTION 4.That a copy of this resolution shall be forwarded to the offices of the City Manager, City Attorney, City Controller and the Fire Department.
SECTION 5.That the Mayor shall sign and the City Clerk shall attest to the adoption of this resolution.
RESOLUTION NO. _____________
PAGE 2
ADOPTED this _________ day of ______________________________ 2022. ______________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing resolution was adopted by the City Council, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the _______ day of _______________, 2022.
That said resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
___________________________________
CITY CLERK OF THE CITY OF COMPTON
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF COMPTON
AND
KJ Consultants
This AGREEMENT is entered by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “CITY”) located at 205 South Willowbrook Avenue, Compton, California 90220, and KJ Consultants (hereinafter referred to as “CONSULTANT” located at 12340 Seal Beach Boulevard, Suite B-131, Seal Beach, California 90740.
RECITALS:
WHEREAS, the Compton Fire Department requires the assistance of a qualified and experienced engineering firm to review building plans to ensure compliance with all applicable codes and regulations; and
WHEREAS, Consultant (KJ Consultants) warrants that it is specifically trained, experienced, competent, and has the resources to provide such services which will be required by this Agreement; and
WHEREAS, by Resolution No. __________, adopted on the ____ of __________ 2022, the City Council authorized the City Manager, upon the advice and approval of the City Attorney to enter into a thirty six (36) month (July 1, 2022 through June 30, 2025) professional services agreement with KJ Consultants to provide Fire Protection Engineering Services; and WHEREAS, Consultant is willing to render such professional services subject to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, Consultant and City, for the consideration, terms and conditions herein described, mutually agree as follows:
AGREEMENT:
1. Services to be rendered by consultant.It is the mutual understanding of the parties that the Consultant shall perform and be responsible for providing fire protection engineering plan review services on an “as-needed” basis in accordance with the current California Building Code, California Fire Code, NFPA Standards and all applicable City of Compton regulations, standards and policies for review of residential, commercial and industrial building plans and fire suppression, detection and alarm systems plans, including expedited and third party review services, as more specifically described within Consultants “Proposal for Plan Checking Services” dated May 25, 2022.
Consultant acknowledges that in entering into this Agreement the City is relying on Consultant's special skills and experience to do and perform the services in accordance with best standards of professional practice. While performing the services, Consultant agrees to perform all the said work and furnish all the necessary materials at his own cost and expense necessary to complete said services in a manner consistent with that degree of care and skill Professional Services Agreement – KJ Consultants
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2 ordinarily exercised by members of the same profession currently practicing under similar circumstances and to the reasonable satisfaction of the City.
Consultant services hereunder shall be performed in good, workmanlike and professional manner. Consultant shall be responsible for correcting and completing all errors and omissions related to the services provided by the Consultant for this Agreement at no additional cost to the City. “Errors” and “Omissions” for purposes of this paragraph are defined to mean a failure by the Consultant to meet the standards of his profession as set forth in the preceding paragraph. The acceptance of the services by City does not release Consultant from these obligations.
Consultant will be responsible for employing or engaging all persons Consultant determines that are necessary, if any, to perform the services required by this Agreement. All of Consultant's staff will be qualified by training and experience to perform their assigned tasks.
Consultant will give his personal attention to the fulfillment of the provisions of this Agreement by all of his employees and subconsultants, if any, and will keep the services under his control.
On demand of City, if any employee or subconsultant of consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she will be discharged immediately from the services rendered pursuant to this Agreement.
Susan Privitera-Johnson, Owner shall be primarily responsible for performing the services required by this Agreement.
2. Duration of Contract.The parties agree that this Agreement shall commence effective July 1, 2022 and be effective through June 30, 2025, unless terminated earlier.
3. Compensation.The method of payment for the services rendered will be based on a fee-for-services basis, billable at a rates identified within Consultant’s “Cost Proposal”, which is incorporated herein. It is understood and agreed between the Parties that the maximum compensation payable for the services to be provided by the CONSULTANT during the term of this Agreement shall be limited to a not-to-exceed amount of Forty Thousand Dollars ($40,000.00) per year for three years. Except as to those “Reimbursable Expenses” specified in Consultant’s Proposal” and agreed to by the City, the total price paid to the Consultant will include compensation for all work, including travel, materials, supplies, vendor services, expenses and subcontracted work. No additional compensation will be paid to the Consultant, unless there is a change in the scope of the work or the scope of the project, adjustment to the total compensation will be negotiated between the Consultant and the City.
Adjustment in the total compensation will not be effective until authorized and approved in writing by the Parties.
Consultant will generally adhere to the schedule set forth by the City, provided that City will grant reasonable extensions of time for the performance of the serves occasioned by unusually lengthy governmental reviews of Consultant’s work product or other unavoidable delays occasioned by unforeseen circumstances; provided, further, that such unavoidable del will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by or on behalf of Consultant’s officers or employees.
Consultant acknowledges the importance to City of City project schedule and agrees to put forth its best professional efforts to perform the services in a manner consistent with that schedule. City understands, however, that Consultant’s performance must be governed by Professional Services Agreement – KJ Consultants
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3 sound practices. Consultant will work such overtime or engage such personnel and equipment as necessary to maintain the schedule, without additional compensation.
Progress payments may be made in arrears based on the percentage of work and deliverables completed by the Consultant. If Consultant fails to submit the required deliverable items according to schedule or as required by the Agreement, except for those amounts that are due and not reasonably in dispute, the City shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions noted herein.
Consultant shall be reimbursed within thirty (30) days, or as promptly as fiscal procedures may permit, for the undisputed reasonable value of services performed, upon receipt by the City of itemized invoices for services completed. Invoices shall be submitted no later than 45 calendar days after the performance of work for which the Consultant is billing.
Invoices shall detail the work performed on each task as applicable. Invoices shall be delivered or mailed to the Fire Chief of the Compton Fire Department at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.
In the event of termination, the Consultant shall be entitled to compensation for the undisputed reasonable value of services performed to the effective date of termination, including any noncancellable obligations incurred prior to termination; provided, however, that the City may condition payment of such compensation upon the Consultant’s delivery to the City of any and all City property, documents, reports, records, materials and work product associated with the performance of this Agreement.
4. Ownership of Materials.All product produced by Consultant or his agents, employees, and subconsultants pursuant to this Agreement (the “Work Product”) is the property of City. In the event this Agreement is terminated, all Work Product produced by Consultant or his agents, employees and subconsultants pursuant to this Agreement will be delivered to City pursuant to the termination clause of this Agreement.
The Work Product may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to Consultant; provided, however, that if this Agreement is terminated for any reason prior to completion of the Project and if under such circumstances City uses, or engages the services of and directs another consultant to use the Work Product, City agrees to hold Consultant harmless from any and all liability, costs, and expenses relative to claims arising out of matters and/or events which occur subsequent to the termination of this Agreement as a result of causes other than the fault or negligence of Consultant, or anyone for whose acts it is responsible, in preparation of the Work Product. Consultant will not be responsible for deficiencies solely attributable to modifications of the Work Product performed by others, or that arise from use of the Documents in connection with a project or site other than that shown in the Work Product.
5. Independent Consultant Status.Consultant, its officers, employees, subconsultants, subcontractors, agents and volunteers (collectively hereinafter the “Consultant”), will perform the services in Consultant's own way and pursuant to this Agreement as an independent Consultant and in pursuit of Consultant's independent calling, and not as an employee of City. The persons used by Consultant to provide the services under this Agreement will not be considered employees of City for any purposes. Neither the City nor any of its officers, employees, agents or volunteers shall have any control over the conduct of the Consultant, except as expressly set forth in this Agreement. Consultant expressly warrants that while engaged in carrying out and Professional Services Agreement – KJ Consultants
Fire Protection Engineering Plan Review Services
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4 complying with any terms and conditions of this Agreement that Consultant shall not at any time or in any manner, represent that Consultant is in any manner officers, employees, agents or volunteers of the City. Consultant shall obtain no rights to retirement, health care or any other benefit that accrue to City officials, officers, or employees. Consultant expressly waives any claim to such rights.
The payment(s) made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. City will not make any federal or state tax withholdings on behalf of Consultant or his agents, employees or subconsultants. City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant or his employees or subconsultants. Consultant agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Consultant or any agent, employee, or Consultant of Consultant for work done under this Agreement. At the City’s election, City may deduct the amounts paid pursuant to this section, from any balance owing to Consultant.
6. Successors, Assignment and Delegation.City and the Consultant each binds themselves, their partners, successors, assigns and legal representatives to the other hereto and to partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in this Agreement.
The expertise and experience of Consultant are material considerations for this Agreement. Consultant shall not assign or transfer any interest in this Agreement or the performance of any of Consultant’s obligations under this Agreement without the prior written consent of the City. Any attempted assignment or transfer of any of Consultant’s rights, duties or obligations arising under this Agreement shall be null and void.
7. Nondiscriminatory Employment Practices.During the performance of this Agreement, the Consultant agrees not to discriminate against any employee or applicant for employment because of race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees, applicants and subconsultants for employment, notices setting forth the provisions of this non- discrimination clause.
In the event of the Consultant’s non-compliance with the non-discrimination clause of this Agreement, this Agreement may be immediately canceled, terminated or suspended in whole or in part.
8. Subcontracting.Consultant's services are unique and personal. Except as may be agreed to by the City, Consultant will not subcontract any portion of the services without prior written approval of Fire Chief. If Consultant subcontracts any of the services, Consultant will be fully responsible to City for the acts, errors and omissions of Consultant's subconsultant and of Professional Services Agreement – KJ Consultants
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5 the persons either directly or indirectly employed by the subconsultant, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Agreement will create any contractual relationship between any subconsultant of Consultant and City. Consultant will be responsible for payment of subconsultants. Consultant will bind every subconsultant and every subconsultant of a subconsultant by the terms of this Agreement applicable to Consultant's work unless specifically noted to the contrary in the subcontract and approved in writing by City.
9. Other Consultants.The City reserves the right to employ other consultants in connection with the services.
10. Indemnification.Consultant shall indemnify and save harmless the City, its officials, officers, employees, agents and volunteers (collectively hereinafter the “City”), against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City and shall indemnify and save the City from any and all liability and expense including reimbursement of reasonable defense costs and legal fees, and claims, demands, suits, actions or proceedings of any kind or nature, including Workers’ Compensation claims, of or by anyone whomsoever to the extent resulting from or arising out of the negligent, reckless or willful misconduct for the Consultant, his officers, employees, subconsultants or agents in the performance of the duties undertaken by Consultant pursuant to this Agreement.
This indemnification and hold harmless obligation does not extend to claims arising out of the negligence or willful misconduct of the City.
11. Insurance.Without limiting the Consultant’s indemnification of the City, Consultant shall obtain and maintain, at its cost and expense, for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Consultant or Consultant’s agents, representatives, employees or subconsultants. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. Such evidence shall specifically identify this Agreement and shall contain express conditions that the City is to be given written notice at least thirty (30) days in advance of any termination or implementation of a reduction of limits or material change of insurance coverage as specified herein. Failure on the part of the Consultant to procure or maintain insurance shall constitute a material breach upon which the City may immediately terminate this Agreement. All insurance required hereunder shall be primary with respect to any insurance maintained by the City.
Coverages and Limits. Consultant will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. The coverage will contain no special limitations on the scope of its protection to the below-designated insureds except for Workers Compensation and errors and omissions insurance. Consultant will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage, as Consultant deems adequate, at Consultant's sole expense.
Professional Services Agreement – KJ Consultants
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6 11.1 Commercial General Liability Insurance. $1,000,000 combined single- limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit.
11.2 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Consultant has no employees and provides, to City's satisfaction, a declaration stating this.
11.3 Professional Liability. Errors and omissions liability appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. The coverage shall also provide an extended two (2) year reporting period commencing upon termination or cancellation of this Agreement.
Endorsements. For Commercial General Liability Insurance, Consultant will ensure that the policies are endorsed to name the City of Compton and its respective elected and appointed officers, officials, employees, agents and volunteers as “additional insureds” with respect to liability arising out of the activities of the Consultant. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City. Prior to City's execution of this Agreement, Consultant will furnish certificates of insurance and endorsements to City.
Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of City.
Consultant shall ensure any and all subconsultants and subcontractors performing services under this Agreement meet the insurance requirements of this Agreement.
12. Permits and Licenses.Consultant, at its own expense, during the term of this Agreement, shall obtain and maintain all appropriate business and professional permits, licenses and certificates that may be required in connection with the performance of services by the Consultant. Upon execution of this Agreement, the Consultant shall show evidence of a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code.
13. Maintenance of Records. Consultant will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable.
Consultant will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Consultant will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years, or longer if required by law, from the date of final payment under this Agreement.
14. Warranties.Consultant represents and warrants (i) that Consultant has no obligations, legal or otherwise, inconsistent with the terms of this Agreement or with Consultant’s undertaking this relationship with City, (ii) that the performance of the services called for by this Agreement do not and will not violate any applicable law, rule or regulation or any proprietary or other right of any third party, (iii) that Consultant will not use in the performance of his responsibilities under this Agreement any confidential information or trade secrets of any other Professional Services Agreement – KJ Consultants
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7 person or entity and (iv) that Consultant has not knowingly entered into or will enter into any agreement (whether oral or written) in conflict with this Agreement.
15. Federal and State Withholding Taxes. Consultant shall be responsible for paying when due all federal and state income withholding taxes for all earning under this Agreement.
Consultant agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Consultant’s failure to comply with this provision.
16. General Compliance with Laws. Consultant will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner or in any way affect the performance of the services by Consultant. Consultant will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the services with all applicable laws, ordinances and regulations.
17. Termination.In the event of the Consultant's failure to prosecute, deliver, or perform the services, after giving written notice of default and two (2) days to correct the same, then, in addition to any other remedies, City may terminate this Agreement for nonperformance by notifying Consultant in writing. Consultant has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Consultant has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. In the event City elects to terminate, City will have the right to immediate possession of all Work Product and work in progress prepared by Consultant, whether located at the project site, at Consultant's place of business, or at the offices of a subconsultant.
The City’s obligation is payable only from funds appropriated for the purpose of this Agreement. All funds for payments after the end of the current fiscal year are subject to the City’s legislative appropriation for this purpose. In the event this Agreement extends into succeeding fiscal year periods and the City Council does not allocate sufficient funds for the next succeeding fiscal year payments, this Agreement shall terminate immediately upon written notice from the City.
Either Party, upon tendering fifteen (15) calendar days written notice to the other Party, may terminate this Agreement for convenience. In this event and upon request of City, Consultant will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City. Consultant will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.
18. Covenants Against Contingent Fees.Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any fee, commission, percentage brokerage fee, gift, or any other consideration contingent upon, or resulting from the award or making of this Agreement. For breach or violation of this warranty, City will have the right to terminate this Agreement for nonperformance, or in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage brokerage fees, gift, or contingent fee.
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8 19. Certifications.The Consultant, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, manager:
Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal, State or local agency;
has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal, State or local agency within the past 3 years; does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgement rendered against he/she/it by a court of competent jurisdiction in any matter involving fraud or official misconduct in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal, State or local antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property within the past 3 years; and
are not presently indicted or otherwise criminally or civilly charge by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in the preceding paragraph; and
have not had one or more public transaction (Federal, State or local) terminated for cause or default within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space. [Supply exceptions on separate page]
For any exception noted above, indicate below to who it applies, initiating agency and dates of action.
[Attach separate page]
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction. The above certifications are part of this contract.
Signing this agreement on the signature portion thereof shall also constitute signature of the above Certifications.
_____________________________________ ______________________ Susan Privitera-Johnson, Owner Date
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9 20. Jurisdiction, Venue and Governing Law. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of Los Angeles, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. This agreement will be governed by the laws of the State of California.
21. Testimony.Consultant will testify at City's request if litigation is brought against City in connection with Consultant's services under this Agreement. Unless the action is brought by Consultant, or is based upon Consultant's actual or alleged negligence or other wrongdoing, City, upon prior written agreement with Consultant will compensate Consultant for time spent in preparation for testimony, testimony, and travel at Consultant's standard hourly rates at the time of actual testimony.
22. Waivers.The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law. The acceptance by either Party of any fee or other payment which may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law.
23. Authority.The individuals executing this Agreement and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Agreement.
24. Severability.If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.
25. Amendments.This Agreement may be modified or amended only be written document executed by both Consultant and City’s City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement.
26. Confidentiality. All documents, reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of the services pursuant to the Agreement are confidential until released by the City to the public, and the Consultant will not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before any such release.
27. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the parties relating to the subject matter of it. The City Manager is authorized, in consultation with the City Attorney, to agree to non-material amendments to this Agreement. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.
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10 28. Notices.Any notices required or permitted under this Agreement shall be effective when delivered in person; and effective one (1) business day after delivery by facsimile transmission; and effective five (5) days after mailing by U.S. Mail, postage prepaid and properly addressed as follows:
To Consultant: KJ Consultant
12340 Seal Beach Boulevard, Suite B-131
Seal Beach, California 90740
Attn: Susan Privitera-Johnson, Owner
(562) 600-0122
To City: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: Fire Chief, Compton Fire Department
(310) 605-5670
(310) 632-8414 – fax.
Copy to: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
In the event of any change of address, the moving party is obligated to notify the other party of the change of address in writing. Each party may amend, supplement and update the notice list to add, delete or replace any listed individuals; however, the amendment must be in writing.
29. Miscellaneous.No provision of this Agreement is to be interpreted for or against either party because that party or that party’s legal representative drafted such provision.
Should either party hereto, or any representative, successor or assign of either party hereto, resort to litigation to enforce the provisions of this Agreement, the party or parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorney’s fees and costs in such litigation from the party or parties against whom enforcement is sought.
IN WITNESS WHEREOF, CONSULTANT has executed this Agreement, and the CITY, by its City Manager, who is authorized to do so, has executed this Agreement.
KJ Consultants
CONSULTANT
Dated: _ By ___________________________________ Susan Privitera-Johnson, Owner
Professional Services Agreement – KJ Consultants
Fire Protection Engineering Plan Review Services
Resolution No. ______
11 CITY OF COMPTON
Recommended for Approval:
By __________________________________ Dated: ______________ Ronerick Simpson, Fire Chief
Approved by:
Dated: _______________ By _________________________________ Thomas Thomas, City Manager
Approved as to form:
By _________________________________ Dated: ______________ Eric Perrodin, City Attorney
ATTEST:
Dated: _______________ By __________________________________ Alita Godwin, City Clerk
October 26, 2022
TO:
HONORABLE MAYOR AND COUNCIL MEMBERS
FR
OM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJ
ECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COMPTON ADOPTING COMPTON T RANSIT ORIENTED
DEVELOPMENT SPECIFIC PLAN PROGRAM ENVIRONMENTAL
IMPACT REPORT 953, MITIGATION MONITORING REPORTING
PROGRAM, FINDINGS OF FACT AND STATEMENT OF
OVERRIDING CONSIDERATIONS, APPROVING CHANGE OF
ZONE CASE NO. 2022- 001, A REQUEST TO AMEND ZONING
CODE SECTION 30 -54 ALLOWING THE APPLICATION OF THE
SPECIFIC PLAN ZONE (SP) AS AN OVERLAY ZONE FOR
PROPERTIES WITHIN THE COMPTON T RANSIT ORIENTED
DEVELOPMENT SPECIFIC PLAN PROJECT AREA AND
ADOPTION OF THE COMPTON T RANSIT ORIENTED
DEVELOPMENT SPECIFIC PLAN
SUMMARY
The purpose of the Compton Station Transit Oriented Development Specific Plan (TOD SP) is to redevelop and redesign the downtown area around the MTA A line Compton Station and adjacent areas:
• To make the downtown area a destination where residents can live, work and recreate. • To improve circulation for pedestrians and bicyclists in the downtown area • Encourage increased residential density and building height. • Create flexible urban based development standards and design guidelines, to create outdoor public spaces for different kinds of activities and events. • Create an active and vibrant downtown area around Willowbrook and Compton intersection.
• Encourage and facilitate the use of light rail, bus transit, and pedestrian and bicycling modes of travel.
• Reduce reliance on the use of automobiles.
• Promote and acknowledge the past and current contributions of Compton’s culture, history and creativity through the Compton Walk.
• Develop more market rate and affordable housing.
The
Compton Station Transit Oriented Development Specific Plan encompasses 575.5 acres and during the proposed 2022-2042, planning period is projected to accommodate up to; • 2,178 new
residential units (1,444 market-rate and 734 affordable) • 97,000 square feet of new office/institutional space
• 150 new hotel rooms
The C
ompton Station Specific Plan Study Area is roughly a one half -mile area around the MTA “A” line Compton Station platform. The project plan area is bordered by Matthisen Avenue to the west, Cressey Street, Douglas Street, and Peck Street to the north, Santa Fe Avenue to the east,
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and Myrrh Street, Indigo Street, and Laurel Street to the south. The image below shows the project area.
TOD Specific Plan Boundary and Project Area
BA
CKGROUND
In early 2018, the City was awarded a $410,000 grant from the Metropolitan Transportation Authority (MTA). The purpose of the grant is to prepare a transit oriented development specific plan for future development around the Compton Station platform. On September 4, 2018, t he City Council accepted the grant from MTA. On July 23, 2019 the City Council authorized the City Manager to enter into a contract with The Arroyo Group to prepare the Compton Station Transit Oriented Development Specific Plan. On August 19, 2019, the project was initiated. The draft specific plan and environmental impact report were completed in August of 2022.
On
September 21, 2022, the Planning Commission conducted a public hearing on the Compton TOD specific plan (Change of Zone case No. 2022-001) and voted to recommend approval to the City council.
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STATEMENT OF ISSUE
The proposed Change of Zone case No. 2022-001 will accomplish three related objectives:
1 A
mend Specific Plan Zone Section 30- 54 to permit the application of Specific Plan Overlay Zoning.
2 Apply the Specific Plan Overlay Zone to the Compton Station Transit Oriented Development Specific Plan area
3 Adopt the Compton TOD Specific Plan
Am
endment of Municipal Code Section 30-54 Spec ific Plan Zone The proposed Zoning Change will amend the Specific Plan Zone regulations to permit the application of the Specific Plan zone as an “overlay” zone for area specific plans that do not propose immediate development or to entitle a project.
An ov
erlay zone is applied over the underlying ba se ca tegorical zoning to provide another layer of regulation. For example, if an overlay zone is applied for the TOD specific plan, a property owner in the project area can choose to develop under the base zone such as “Limited Commercial” or under the proposed TOD specific plan overlay zone. The primary goal of the proposed overlay zoning is to provide flexibility.
Moreo
ver, overlay zoning will permit property owners to develop or expand their property and avoid becoming “Legal Non- Conforming”, which would occur if the Specific Plan zone were immediately applied as base zoning. The proposed specific plan overlay zone will prevent this and permit the property owner to have the option to either use the base zoning o f Limited Commercial, Commercial Manufacturing, Parking Residential High Density, Residential Medium Density, Parking Residential Medium Density and Residential High Density or utilize the provisions of the TOD-specific plan.
To
effect the specific plan overlay zone, Specific Plan code section 30 -54.4 will be amended to permit the application of specific plan overlay zoning as follows:
(A
dopted)
30-54.4 General Plan and Zoning Consistency
All proposed specific plan shall be consistent with the goals and policies of the Compton General Plan and this title. All proposed specific plans shall submit a concurrent General Plan and Change of Zone application changing the current General Plan land use designation and zoning to SP to effect the adoption of a Specific Plan
(A
mended)
30-54.4 General Plan and Zoning Consistency
All proposed specific plan shall be consistent with the goals and policies of the Compton General Plan and this title. All proposed specific plans shall submit a concurrent General Plan and Change of Zone application changing the current General Plan land use designation and zoning to SP to effect the adoption of a Specific Plan.
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The Specific Plan (SP) zone can be applied as either a base categorical zone or as an Overlay zone.
The proposed Change of Zone will also apply the Specific Plan (SP) overlay zone over a limited number of lots within the specific plan project area. A majority of lots within the project area will not be affected by the proposed overlay zone. Single- family neighborhoods for example are recognized to be a stable long-term land use and were not analyzed by the specific plan and will not be impacted or affected by this specific plan.
The specific plan vision for redevelopment is oriented primarily along collector and arterial streets such as Compton Blvd., Willowbrook Ave., Alameda Street,Rosecrans Ave. and Santa Fe Ave.
The specific Plan will add the Specific Plan (SP) zone overlay designation to only the properties shown in the map below as the “Downtown Core”, “Downtown Transition”, “Urban Flexible”, “Residential Urban” and “Neighborhood Corridor” land use districts. All other existing zones shown on the map below will not receive the SP overlay zoning and will remain unaffected. The proposed new land use districts will consist of the following acreages:
Neighborhood Commercial 66.7 acres
Downtown Core 55.2 acres
Downtown Transition 12.8 acres
Urban Flexible 41.2 acres
Residential Urban 55.3 acres
T
he proposed overlay zoning will apply to 230.3 acres out of the total 575-acre project area. The proposed Zoning/Land Use Districts overlaid with Existing Zoning is shown below.
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O
UTREACH EVENTS
Public input is very important to a large long term project like the TOD SP. To gather public support and participation in the use of the specific plan. A priority was placed on project outreach from the beginning targeting stakeholders, students, residents and property owners. City staff along with the MTA and The Arroyo Group worked to insure that the residents of Compton had several opportunities to make comments or ask questions before the specific plan was written and as it was prepared to help guide its development.
T
hroughout the three year planning process several outreach events were conducted. Some outreach events were in person before COVID while the remaining events were virtual via ZOOM meetings. Presentations were also made before the Planning Commission and City Council.
Proposed new
Specific Plan
Districts
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The project team received comments through workshops, stakeholder meetings, surveys (in- person and online), and information shared online via a project website (www.nextstopcompton.org) and social media (@nextstopcompton on Instagram/Facebook). Below is a list of the outreach events held over the course of the specific plan preparation:
• C
ompton Open Mic Night on September 26, 2019, at the Dollarhide Community Center. • A focus group meeting was held at Compton Youth Build on September 30, 2019. • Questions were answered and Surveys were collected during the 2019 Christmas parade.
• Interviews were conducted with several community leaders, representing resident groups, the local creative community, business owners and property owners. • In April 2020, during the COVID-19 pandemic, the City and consultant team organiz ed a
v
irtual workshop consisting of an explanatory video, with questions posed by community stakeholders, and an accompanying survey.
• Meetings were also held with the Stakeholders Advisory Committee, Planning C
ommission and City Council in 2020 to receive feedback on three conceptual development alternatives yielding a preferred conceptual land use plan. • An additional Stakeholders Advisory Committee meeting was held on May 14, 2020 to r
eview the zoning, mobility strategy, and equity-focused initiatives. • The draft Specific Plan was reviewed by the Stakeholders Advisory Committee in April 14, 2022 prior to it being released for public review.
• The draft Specific Plan was then made available to the public for review along with t he
P
rogram Environmental Impact Report on May 11, 2022 for 45 days for comment. • A final virtual public workshop was held on June 9, 2022 to gather the community’s feedback, during the 45-day public review period.
(The plan was on hold for most of 2021)
T
he public feedback, staff and the consultant received was very consistent and was ranked in order of most to least important:
• I
mproved Maintenance and Security
• More Affordable and Market Rate Housing
• Develop and Create Retail Amenities and Entertainment land Uses • Community Gardens and Urban Greening
• Improve Pedestrian and Bicycle Mobility
• Create Opportunities to Display Local Arts and Culture • Quality Job Creation
T
hese priorities were incorporated into the specific plan.
CO
MPTON STATION TRANSIT ORIENTED SPECIFIC PLAN
A Specific Plan is a planning document that combines the policy guidance of a General Plan with design guidelines and the development regulations of a Zoning Ordinance. A Specific Plan also covers a specific geographic area as has been shown in the above project area map. It is meant to serve as a single planning document governing development within the project area.
The zoned/land use areas shown below will be the only areas subject to the new development standards and design guidelines.
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Proposed Land Use Districts
The zoning/land use map below illustrates the proposed zoning/land use districts within the Compton Station Specific Plan Area shown in dashed lines. The colored areas show the location of the new “SP” overlay zoning/land use districts. The areas in white will not be rezoned or affected. The relatively recent (2010) multi-family development between Alameda and Willowbrook are consistent with the goals of the specific plan and are not anticipated to be redeveloped.
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Below us a brief discussion on the proposed five new zoning/land use districts Downtown Core (DC) District and Development Standards (55.2 acres) The proposed Downtown “Commercial” Core consists of the Town Center and the Renaissance Center, Civic Center and adjacent areas located in the heart of Downtown Compton and immediately proximate to the Metro station. This area is intended for mixed-use residential ten story buildings and large plazas with a pedestrian mall.
The code minimum unit sizes were also reduced for all units and range from 200 to 900 square feet. Additionally, there is a requirement to step back the height of proposed buildings when they are abutting existing residential homes.
Downtown Transition (DT) District and Development Standards (12.8 acres) This district is located along a stretch of Compton Boulevard from of Alameda Street eastward to Santa Fe Ave. This area is envisioned as a more locally focused downtown district providing opportunities for entrepreneurs and small businesses, including art uses and having less density and building height than the Downtown Core district. It is to transition from the higher Downtown Core buildings to more suburban three and two story residential development outside the project area. This area is intended for smaller mixed-use residential buildings and plazas such as the KBK project.
Urban Flexible (UF) District and Development Standards (41.2 acres) The Urban Flexible district is principally located along the east side of Willowbrook Ave., the east side of Alameda Street, a small area on Rosecrans Ave between Willowbrook Ave and Alameda Street and another area on Alameda Street near Myrrh Street.
The Urban Flexible zone is envisioned overtime to become a green residential and educational corridor connected to Downtown Compton by a possible pedestrian and bicycle greenway.
Currently, Alameda Street east is an underutilized street that could be completely or partially redesigned as a pedestrian greenway.
The maximum height permitted is two stories for non-residential and four stories for residential development. There is no minimum height requirement. Minimum unit size and parking are the same as the DC and DT districts. The setbacks for this district are front yard is 0 to 10 feet, Street side yard: 5 to 10 feet, Interior side yard: 0 to 10 feet and Rear Yard: 10 feet.
Neighborhood Corridor (NC) District and Development Standards (66.7 acres) The Specific
Plan defines neighborhood corridors as those areas along Rosecrans Avenue west of Willowbrook Avenue and east of Alameda Street, and along Compton Boulevard west of Acacia Avenue. T hese ar e ol der s trip commercial co rridors co nsisting of mostly nar row and shallow commercial parcels with residential uses behind them.
The maximum height permitted is five stories. The minimum unit sizes and residential parking are the same as the DC, DT and UF districts. The commercial required parking is 3 to 3.5 parking spaces per 1000 square feet. Affordable residential parking is .5 spaces per unit. This reduced requirement is to encourage the development of affordable housing.
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Residential Urban (RU) Zone and Development Standards (55.3 acres) The residential urban district is primarily located in the center of the project area on the west side of Willowbrook Ave and along the northern half of the east side of Alameda Street west of Rose Ave. This district is intended for low rise residential buildings and very limited non-residential land uses. Almost all retail and commercial land uses are prohibited in this district.
T
he maximum height permitted is three stories with five stories permitted on Willowbrook Ave. only.
R
esidential Height Transition
The height transition requirements in the specific plan is a completely new concept for Compton to soften the transition from suburban development to the higher buildings proposed by the specific plan. Wherever a specific plan controlled lot line abuts an existing single-family or multi- family residential building, the new development shall not break an imaginary plane beginning at a point 25 feet above the common property line and then rising inward at a 45- degree angle toward the interior of the new development site. The images below illustrate the building height and its relationship to the imaginary plane, (Example A). However, if the proposed development utilizes some of the concessions allowed in the specific plan, such as creating more affordable housing, the 45-degree height transition can be increased to 60 degrees as in example B.
E
xample A Example B
DE
SIGN GUIDELINES
The proposed specific plan design guidelines along with the development standards are designed to translate the community vision and specific plan goals into physical buildings and improvements. The design guidelines achieve this by specifying certain architectural features be incorporated into each building. For example regarding building placement on larger sites, t he illustrations below show building placement should occur.
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Discouraged barrack-like layout (left) and encouraged orientation of buildings to create usable open space (right).
Green and Active Roofs
The design guidelines also encourage the use of green and active roofs for use as storm water collection, building insulation, domestic urban gardens, and solar panels and for general recreational amenities. Roof top amenities can also provide a secure quieter area for residents than similar ground level amenities.
Fr
ontage Standards
The specific plan establishes a palette of eight primary building frontage types that may be used within each district. These frontage types are intended to reinforce the character and complement the type of development proposed within each district. Visual examples of these frontage types can be viewed in the specific plan starting on page 94.
Public Benefit Concessions Menu
The concessions section of the specific plan is intended to incentivize the provision of specific development features that create public benefits. This section provides a menu of by -right concessions that can be requested by the applicant in exchange for the provision of some of these benefits. For example, the provision of increased affordable housing, public open space, and off site streetscape amenities, can be exchanged for half to one concession. Depending on the amenities proposed, a project could receive one, two or three concessions, which can be applied toward certain development regulations.
P
ublic Art Requirements
The specific plan introduces for the first time in Compton, a public art requirement on larger projects. Each qualifying project will have to place some form of public art object onsite. The value of the public art is tied to the overall cost of the project. The valuation of the proposed project will determine the value of the onsite public art. Any project which is subject to design review and has a valuation that equals or exceeds one million dollars ($1,000,000), shall provide public art valued at 0.5% of the project’s total valuation. The public art shall be located outdoors and be visible from a public street or plaza. Public art will be determined by the applicant subject to City review and approval.
Compton Walk
The Compton Walk was envisioned early in the preparation of the specific plan to use Compton Blvd. as a centerpiece of a new downtown Compton. The specific plan redesigns Compton Blvd. to create a pedestrian- friendly enhanced streetscape. This enhanced streetscape will feature a reduced roadway cross section, street furniture, trees, a widened sidewalk, plazas and art. Early
Compton TOD General Plan Amendment
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in the outreach process, this concept was discussed with the community and the community embraced this concept. This enhanced is streetscape will also display the contributions of past Compton residents for achievements in music, sports, politics, theater, and visual arts. The Compton Walk will take residents and visitors on a journey through Compton’s past and present.
In addition to a redesigned Compton Blvd., a new diagonal pedestrian mall is proposed to connect Compton Blvd. to the Compton Station platform incorporating similar Compton Walk design features. Below is a map of the Compton Walk and diagonal pedestrian mall.
T
he foundation of the redesigned “Compton Walk” is the reduced number of through lanes from four to two, upgraded class 4 bike lane, widened 16 foot sidewalk, street trees, and the placement of street furniture such as trash receptacles and benches.
T
he goal of these improvements will be to harmonize the streetscape to have a consistent base look and feel and provide the streetscape components needed to create a more usable and comfortable physical space. These basic improvements will be conditions of approval for each development. Below is a conceptual image of the base street improvements and design. It can best be understood as a “base” layer to be built upon. It shows the reduced roadway, class 4 bike lane, parking, street trees, sidewalk and conceptual outdoor dining areas. On top of the base layer will be project specific art or design elements.
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T
he project specific “Compton Walk” design elements can be implemented by the City, and or by the Developer, through the design review process and can be thought of as the second accent layer above the base layer. These second layer design elements would include, but not be limited to sidewalk art, sculptural art elements, decorative hardscape paving, a range of lighting and multimedia effects, historical markers, information signage, streetscape structures, a district branding approach and other features TBD.
B
elow are some examples of place making elements that could be placed on Compton Blvd, to highlight achievements of former residents.
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MOBILITY
Mobility is a general term that embraces the use of public transit, automobiles, walking and biking as means of movement in and around the specific plan area.
The image below shows the existing and proposed street network for the specific plan area, with particular attention to the major street corridors, which this plan proposes modifying. Each of these corridors listed is described in detail in the sections that follow: Compton Walk/Compton Boulevard Narrowing, Willowbrook Avenue Couplet, Alameda East Greenway, Acacia Avenue Restriping and new commercial core “New Streets Network”.
Each of the corridors mentioned above is proposed to be modified to create a more walkable, bike able, environment and reduce the use of automobiles. The modifications will be implemented at the time of redevelopment.
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Compton Boulevard
As briefly mentioned above, Compton Boulevard between Acacia Avenue (west) and Santa Fe Avenue (east) will be restored as the centerpiece of Downtown Compton and will feature a new Compton Walk experience. Corridor improvements will deprioritize regional pass -through vehicular traffic and give an increased priority to localized pedestrian walkability and active transportation. Some of these features include widened sidewalks, reduced street paving, a class four bike trail, upgraded bus stops, and high visibility street crossings with no crossing more than 600 feet apart, (see images below). This concept will first be implemented between Santa Fe and Alameda Street as part of the KBK project. The Public works Department will be reconstructing Compton Blvd. as part of an AHSC grant in partnership with the KBK project. An image of the redesigned Compton Blvd. cross section and plan view is shown below.
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Willowbrook Ave.
Willowbrook Avenue (Willowbrook Avenue West and Willowbrook Avenue East) is the major access pathway to the Metro station; yet today it functions as a barrier, which is confusing to new users and unsafe for pedestrians, especially at intersections. The specific plan is proposing to convert it into a couplet of one-way streets, with bicycle facilities on both sides helping residents on both sides of the tracks access the station.
The two- way configuration of each side of Willowbrook Avenue is the cause of significant confusion when drivers and pedestrians encounter it, particularly at its intersection with Compton Boulevard.
The Reverse Couplet, eliminates points of conflict between pedestrians and vehicles at intersections, improving safety. It provides space for bike lanes on both sides, and it requires less infrastructure investment, as the existing bus station and Metro gate system can be preserved.
There is also an opportunity for a new back access for Sheriff’s Department vehicles off of Myrrh Street. The redesigned Willowbrook Avenue also proposes to continue the street north from Compton Blvd. to Rosecrans Ave. to allow through circulation. The specific plan proposes to relocate the Compton letters to the adjacent property behind the superior market near the future pedestrian mall.
The street proposal after dialogue wit h the community, Metr o and the City Council i n October 2020 agreed with the planning team’s recommendation to choose reverse couplet alternative. The couplet concept is envisioned between Rosecrans Avenue and Myrrh Street. Beyond these pints, Willowbrook Ave. will transition back to its existing two-way configuration.
The map below and cross sections below show the conceptual design.
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A
lameda East
Alameda East between Rosecrans Avenue and Compton Boulevard is currently used at less than 30% of its capacity. The roadway is wide with 16’ travel lanes with only a few properties obtaining their access from the street and most of these properties have frontages on side streets as well.
The specific plan vision for Alameda Street East is to close or partially close the roadway and convert it to a greenway serving as a recreational and health amenity for the central Compton population. The greenway can provide much- needed green space, provide safe bicycle and pedestrian trail access from nearby neighborhoods to Wilson Park, Downtown Compton, and create a suitable environment for new residential uses to be built along its east side. Above all, the greenway would create a sorely lacking recreational amenity for the central Compton population and improve public health. Below are images of the possible redesigns.
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Ful
l Closure of Alameda East
P
artial Closure of Alameda East
A
cacia Avenue
Acacia Avenue is a local/collector street, which connects Compton High School and the Civic Center with residential neighborhoods. The street is one lane in each direction except on the block between Compton Boulevard and Myrrh Street, where it is two lanes in each direction. Although access to the Civic Center/Courthouse parking garage is from this segment traffic volume is still well under capacity. Under the Specific Plan, the street is proposed to be restriped, reducing vehicular lanes to one in each direction with a center turn lane. This will allow for safer pedestrian crossings and a Class II bicycle lane in each direction. A cross section of this concept is shown below.
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Co
mmercial Core: N ew Streets Network
The Commercial Core area in downtown Compton currently consists of two superblocks, each containing a 16-17 acre shopping center. As development proceeds in this area, a new network of streets and pedestrian ways will be built to create walkable paths in this area. New development will be conditioned to establish mobility connections and open spaces within the footp rint of the proposed development. This concept also preserves space for the lager retail buildings located in the rear of the commercial centers. A conceptual aerial view of how this concept would look is shown below.
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Pedestrian Mall.
The specific plan is proposing the creation of a di agonal pedestrian mall, ( walk) that w ill lead pedestrians from Compton Blvd. to the light rail station platform. This diagonal path will allow for a shortened walking di stance from Compton Blvd. to the station platform past retail businesses and allow pedestrians to r oss Willowbrook Ave at palmer instead of Compton Blvd. Pedestrian malls are pedestrian walkways desig ned for hi gh levels of pedes trian activity. T he envisioned diagonal pedestrian mall through the Commercial Core shall be designed as part of the Compton Walk and implement the Compton Walk's design principles, adapting them for the pedestrian mall condition. The pedestrian mall shall also feature outdoor lighting to create a festive atmosphere.
The images blow provide an example of a pedestrian mall.
P
edestrian Mall Typical Cross-Section and illustration.
Review and Approval process
The specific plan establishes four levels of project review for development projects within the specific plan. The objective in establishing these different levels of review is to expedite and facilitate the development of affordable and market rate residential and mixed- use projects. For smaller projects, this will occur principally through Tier 1 administrative review. For larger and conditional use permit projects, development review will occur through a Tier 2 and or CUP public hearing by the Planning Commission. Below are the four levels of review:
T
ier 1
The first level of review is the Tier 1 review. This review is administrative and will apply to the following projects.
• N
ew construction or additions that feature more than five residential units and less than sixty residential units. New residential/mixed-use construction or addition projects with up to sixty units, including up to 8,000 square feet of retail. • Any mixed-use or nonresidential project that creates less than 400 daily vehicular trips as established by a traffic generation memo prepared by a professional engineer (PE) or traffic engineer (TE).
• 100% affordable mixed use housing projects of any size with maximum income levels of 80% low income and 20% moderate income units with up to 8,000 square feet of supportive retail.
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Tier 2
The second level of review is the Tier 2 review. Tier 2 applies to any new construction, addition, exterior modification, or renovation that doe s not q ualify for Tier 1 review. T his review will be processed as a Desig n Review using the Conditional Use Permit public heari ng process. The intent of both the Tier 1 and Tier 2 reviews is to review and approve projects not from a land use basis, but from a design review basis, (does the project further the objectives of the Specific Plan).
Minor Use Permit
The third level of review is the Minor Use Permit (MUP). The Minor Use Permit provides a process for administratively reviewing minor land uses. The purpose of the M UP is to provide sufficient flexibility and to reduce processing times for projects that are consistent with the objectives of the Specific Plan. Examples of MUP projects are healt h and fitness less tha n 15,000 square feet, restaurants open after 10 pm, retail l ess than 100,000 square feet, and h ome occupations with clients. The MUP w ill be processed as an administrative review using the ARB r eview process with new findings. The fees for the MUP review will be the established fees used for the ARB review using a similar application.
Conditional Use Permit
In addition to the Tier 1, 2 and Minor Use Permit, the specific plan also implements the use of the Conditional Use Permit (CUP) for ce rtain land uses. These land uses are called out in the land use matrix of each zone. Land uses requiring a CUP will follow the established CUP review and process procedures in the current zoning code.
Parking Context and Parking District Strategy
The Compton TOD Specific Plan recommends the establishment of a parking district within the Downtown Area to encourage the efficient use of both existing and future par king facilities, and encourage a “park once” environment where visitors, employees, and residents are able to park their ca rs, and then walk t o multipl e destinations. Parkin g would be provided through a combination of structured facilities and surface level par king lots. The parking district should be set up by the City concurrently or prior to the approval of the first project in the DC or DT zones.
The Dollarhide structure is currently only approximately 20% occupied during peak weekday hours. As a result, this facility can be utilized for customer parking for the adjacent Renaissance area development. The courthouse parking structure currently operated by Los Angeles County could also be used for shared parking. However, the California State Judicial Council does not support the shared use of the parking structure at this time.
The specific plan also recommends that parking spaces be unbundled from residential units. For example, residents must be given the option to not rent a space or to rent one space, or if there is sufficient supply, two parking spaces. Additionally, all developments shall provide an electric vehicle charging station for a minimum of one percent of the total number of vehicle parking spaces provided.
Designated stalls for scooters, mopeds, and motorcycles will should also be required. These spaces shall count toward satisfying the minimum parking requirement. Parking Lifts and Tandem Parking will also be utilized to more efficiently use structured parking. Tandem will only be used on residential parking spaces.
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Environmental Review:
In accordance with the California Environmental Quality Act (CEQA) (Public Resources Code, Division 13 §21000 et seq.) an Initial Study (IS) for the project was prepared by Impact Sciences, the environmental co nsultants on behal f o f t he City of C ompton. The City of C ompton, in it s capacity as Lead A gency, has det ermined that the pr oposed pr oject r equired a Program Environmental Impact Report and mitigation-monitoring plan, as part of its environmental review.
Based upon a review of the project and the CEQA Initial Study checklist, a Draft Program Environmental Impact Report (DEIR) was prepared to address specific areas of concern. No significant and unavoidable impacts other than Noise and Air Quality have been identified in the DEIR. Impacts identified as Significant and Unavoidable are those, which cannot be avoided or lessened to a level of insignificance (or a less than significant level) by implementing mitigation measures or feasible alternatives.
If the impacts cannot be fully mitigated, CEQA guidelines call for the local jurisdiction to adopt a Findings of Fact and Statement of Overriding Considerations specifying other overriding public benefits the project will have. As stated above, t he draft program EIR identified two areas of concern (Air Quality and Noise) requiring a Findings of Fact and Statement of Overriding Considerations. The Air Quality impacts center around mobile source emissions concerning certain gases (ROG, NOx, CO) at build out in 2040. The Noise impacts conc ern temporary construction noise, vibration and traffic noise on Willowbrook Ave between Rosecrans Ave and Compton Blvd. The EIR states that these impacts are possible but may not occur due to factors not known at this point. Quite possibly, there may be no impacts at all. A conservative approach has been taken in the EIR.
Therefore, because Noise and Air Quality have been identified as causing unavoidable impacts even with mitigation, Findings of Fact and a Statement of Overriding Considerations have been prepared. These Findings of Fact and Statement of Overriding Considerations are attached and will be made a part of the project Change of Zone ordinance The Notice of Preparation (NOP) was circulated from September 24, 2022 to October24, 2021 and the EIR scoping meeting conducted on October 14, 2022. The Notice of Completion was filed in May of 2022.
The EIR document was posted in the LA County Clerk office in Norwalk, Community Development Department’s webpage and circulated to service providers, public agencies and adjacent property owners for a 45-day public review period from May 11, 2022 to June 27, 2022.
At the conclusion of the 45-day EIR pubic review period, two comment letters were received. One letter was from Cal -Trans and the second letter from The California Judicial Council. The Cal - Trans letter acknowledged receipt of the EIR and did not have any major concerns. They recommended including a condition of approval requiring a follow up VMT analysis to verify the VMT assumptions of the EIR.
The Judicial Council letter commented on the section of the Specific Plan and EIR that proposed a new residential development in the open area between the courthouse building and the parking structure, as well as the proposed shared use of the parking structure. They stated that the proposed residential use of the area adjacent to the courthouse and shared use of the parking structure would result in increased noise that would adversely affect courthouse operations.
Compton TOD General Plan Amendment
October 26, 2022
They requested that the specific plan be m odified to delete these two provisions. The Judicial Council also asked for an LOS study of the Myrrh and Willowbrook Ave intersections.
Both the proposed new residential use and shared use of the county parking structure were deleted from the specific plan. However, both of these concepts should be explored further at a future time for possible incorporation in the specific plan.
FISCAL IMPACT
There i s no di rect fiscal i mpact to t he General Fund that w ill r esult from t he adoption of t he attached Ordinance. The proposed Change of Zone only establishes the Compton TOD specific plan overlay zoning and adopts the TOD specific plan. It does not propose any development or use of City funds.
FINDINGS FOR ADOPTION OF PROGRAM ENVIRONMENTAL IMPACT REPORT 953,
MITIGATION MONITORING AND REPORTING PROGRAM AND FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS:
1. T
hat in accordance with the California Environmental Quality Act (CEQA) (Public Resources Code, Division 13 §21000 et seq.) an EIR was prepared that identifies and evaluates the environmental impacts of the project.
2. That the City of Compton, in its capacity as Lead Agency, has determined that the proposed TOD specific plan project requires an Environmental Impact Report as part of the project environmental review.
3. That the Notice of Intent, Notice of Completion along with the Environm ental Impact Report No. 953 was posted with the Los Angeles County Clerk’s office in Norwalk, and that the Environmental Impact Report was circulated for a 45- day public review period, and posted on the City’s website.
4. That all environmental documents have been processed in accordance with the California Environmental Quality Act (CEQA) guidelines.
5. The approval and subsequent implementation of the proposed project will not have the potential to degrade the quality of the environment with the implementation of the mitigation measures, except for Noise and Air Quality for which Findings of Fact and a Statement of Overriding Considerations have been prepared.
6. The approval and subsequent implementation of the proposed project will not have the potential to achieve short-term goals to the disadvantage of long-term environmental goals with the implementation of mitigation measures, except for Noise and Air Quality for whic h
Fi
ndings of Fact and a Statement of Overriding Considerations have been prepared.
7. The approval and subsequent implementation of the proposed project will not have impacts that are individually limited, but cumulatively considerable, when considering the proposed development in the immediate vicinity with the implementation of the mitigation measures, except for Noise and Air Quality for which Findings of Fact and a Statement of Overriding Considerations have been prepared for adoption and are attached as Attachment D.
Compton TOD General Plan Amendment
October 26, 2022
FINDINGS FOR AN APPROVAL OF CHANGE OF ZONE CASE NO. 2022-001:
1. T
he proposed designation of Specific Plan (SP) overlay zoning and adoption of the Compton Station TOD Specific Plan will facilitate redevelopment of the downtown civic center area and is in conformance with the Genera Plan goals and policies of the Land Use, Housing, Urban Design and Circulation elements and intent to use specific plans to redevelop the central business district near the civic center. Additionally, prior to application and use of the TOD specific plan, a General Plan Amendment will have been approved establishing a TOD specific plan overlay district to ensure consistency between the Specific Plan overlay zoning and general plan.
2. T
hat the change of zone designation to the Specific Plan (SP) overlay zone and adoption of the Compton Station TOD Specific Plan is suitable for the project area based on the analysis conducted for the preparation of the specific plan and that of the companion Program Environmental Impact Report. Furthermore, the proposed Compton TOD specific plan provides development regulations and design guidelines which will ensure that any future development is compatible for the downtown and adjacent areas.
3. T
he proposed application of the Specific Plan (SP) overlay zone and adoption of the Compton Station TOD Specific Plan will promote increased housing opportunities, transit use, encourage redevelopment and increased pedestrian activity in the downtown civic center area and adjacent areas. The Compton Station TOD Specific Plan will also further several state planning goals such as reduction in greenhouse gases, reduced use of automobiles, increased affordable housing units and increased use of light rail.
F
INDINGS FOR AN APPROVAL OF CHANGE OF ZONE – S PECIFIC PLAN CASE NO. 2022- 001:
1. T
he proposed Compton TOD Specific Plan is consistent with the 1991 General Plan goals, policies of the Land Use, Housing, Urban Design and Circulation elements. The Specific Plan through its design guidelines and development regulations will be compatible with the existing and future patterns of zoning, land use and development.
2. T
he land use and development regulations within provide design guidelines and development standards within the specific plan project area that are otherwise not available through categorical Zoning, including the land uses of residential, retail, and restaurants operating by right on the same site. These proposed design guidelines and development standards permit encourage higher density and taller mixed use buildings with reduced parking
3. T
he administration and permit processes within the Specific Plan are consistent with the administration and permit processes of the Zoning Ordinance in that the Specific Plan clearly defines the development review process, what uses are permitted by right and what uses will require an entitlement such as a Conditional Use Permit or Minor Use Permit. The Specific Plan also clearly states which uses are prohibited.
Compton TOD General Plan Amendment
October 26, 2022
4. T
he Specific Plan will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood or result in a downgrade for the community because t
he Specific Plan will regulate future re -development with more comprehensive design guidelines and development standards then contained in the zoning ordinance. The Com
pton TOD Specific Plan provides for compact vertical mixed use development which enc
ourages increased use of mass transit, bicycles, walking reduced use of automobiles, provides onsite amenities, and encourages more affordable housing.
5. T
he Specific Plan will not adversely affect such necessary community services as traffic, circulation, sewage disposal, fire protection, and water supply for the reasons set forth in t
he Environmental Impact Report prepared for the specific plan. However, the EIR does state that there will be unavoidable impacts even with mitigation for both Noise and Air Quality. Findings of Fact and a Statement of Overriding Considerations have been prepared for adoption and are included as attachment D.
Planning Commission Decision Recom mendation
The Planning Commission at its September 21, 2022 meeting adopted a resolution recommending that the City Council adopt the Program Environmental Impact Report 953 and Mitigation Monitoring and Reporting Program with Findings of Fact and Statement of Overriding Consideration and approve the proposed Change of Zone C ase No. 2022-001 establishing the TOD specific plan overlay zon ing for certain lots within the Compton TOD specific plan project area and adopt the Compton Transit Oriented Development Specific Plan.
RE
COMMENDATION
Staff recommends the following the actions be taken:
1. Adoption of Environmental Impact Report No. 953, Mitigation Monitoring and Reporting Program, Findings of Fact and Statement of Overriding Considerations; and
2. Approval of Change of Zone Case No. 2022- 001 establishing and applying the Compton TOD Specific Plan (SP) overlay zone and adoption of the Compton Transit Oriented Development Specific Plan.
RO
BERT DELGADILLO
COMMUNITY DEVELOPMENT DEPARTMENT
A
PPROVED FOR FORWARDING:
T
HOMAS THOMAS
CITY MANAGER
ORDINANCE NO. ________________AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON ADOPTING COMPTON TRANSIT ORIENTED DEVELOPMENT SPECIFIC PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT 953, MITIGATION MONITORING REPORTING PROGRAM, FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS, APPROVING CHANGE OF ZONE CASE NO. 2022-001, A REQUEST TO AMEND ZONING CODE SECTION 30-54 ALLOWING THE APPLICATION OF THE SPECIFIC PLAN ZONE (SP) AS AN OVERLAY ZONE FOR CERTAIN PROPERTIES WITHIN THE COMPTON TRANIST ORIENTED DEVELOPMENT SPECIFIC PLAN PROJECT AREA AND ADOPTION OF THE COMPTON TRANSIT ORIENTED DEVELOPMENT SPECIFIC PLANWHEREAS, the City of Compton Community Development Department has completed the preparation of the Compton Transit Oriented Development (TOD) Specific Plan Program Environmental Impact Report and Specific Plan and has processed an application for a Change of Zone in accordance with Section 30-28 and section 30-54 of the Compton Municipal Code tochange the zoning of certain properties to Specific Plan (SP) and to apply the SP zone as an “overlay zone” in addition to adopting the Compton TOD Specific Plan for a certain real properties situated in the Compton TOD Specific Plan project area within the City of Compton, legally described as follows: See attachment A (List of property APN’s to be overlay SP zoned); and WHEREAS, Change of Zone Case No. 2022-001 was processed in accordance with Compton Municipal Code (CMC) 30-28 and 30-54; andWHEREAS, there is a need for this zone change to be approved to accommodate future TOD mixed-use, multi-story projects with affordable housing in downtown Compton and adjacent areas; andWHEREAS, the zone change will facilitate and encourage additional TOD mixed-use residential and commercial developments along Compton Boulevard, Rosecrans Ave., Willowbrook Ave., Santa Fe Ave., and Alameda Street; andWHEREAS,referral, publication and written notice of the proposed amendment was provided in accordance with Sections 65090, and 65091 of the California Government Code prior to consideration of the request by the City Council; andWHEREAS, Program Environmental Impact Report No. 953 (EIR) was prepared for this project in accordance with the California Environmental Quality Act (CEQA); and that theProject would result in significant effects on the environment concerning Noise and Air Quality; andWHEREAS,Program Environmental Impact Report No. 953 showed that the growth permitted by the Compton TOD specific plan would cause unavoidable impacts even with mitigation in both Noise and Air Quality. Therefore, Findings of Fact and a Statement of Overriding Considerations were prepared for the City Council to adopt and are attached hereto as Attachment D; andWHEREAS,the Notice of Intent along with the Notice of Completion for Environmental Impact Report 953 was posted with the Los Angeles County Clerk’s office in Norwalk, circulated for a 45-day public review period (May 11, 2022 – June 27, 2022) and EIR posted on the City’s and project website; andWHEREAS,the Planning Commission held a duly noticed public hearing on September 21, 2022 and discussed the proposed Compton TOD specific plan; at which time the Planning Commission recommended that the City Council adopt Environmental Impact Report 953 with the Mitigation Monitoring and Reporting Program, findings of fact and statement of overriding considerations and approve General Plan Amendment 2022-001, Change of Zone 2022-001, adopt the Compton TOD Specific Plan; and ORDINANCE NO. _________________Page 2WHEREAS,notice of the public hearing was published in the Compton Bulletin on October12, 2022; andWHEREAS,a public hearing on said Change of Zone case No. 2022-001 was heldbefore the City Council on October, 2022; and WHEREAS,the City Council considered all the information presented pertaining to theChange of Zone No. 2022-001 and Environmental Impact Report 953 and the Compton TODspecific plan; and WHEREAS,the City Council being fully informed: F I N D SFINDINGS FOR AN APPROVAL OF CHANGE OF ZONE CASE NO. 2022-001: 1. The proposed designation of Specific Plan (SP) overlay zoning and adoption of theCompton Station TOD Specific Plan will facilitate redevelopment of the downtown civiccenter area and is in conformance with the 1991 Genera Plan goals and policies of theLand Use, Housing, Urban Design and Circulation elements and intent to use specificplans to redevelop the central business district near the civic center. Additionally, prior toapplication and use of the TOD specific plan, a General Plan Amendment will have beenapproved establishing a TOD specific plan overlay district to ensure consistency betweenthe Specific Plan overlay zoning and general plan.2. That the change of zone designation to the Specific Plan (SP) overlay zone and adoptionof the Compton Station TOD Specific Plan is suitable for the project area is based on theanalysis conducted for the preparation of the specific plan and that of the companionProgram Environmental Impact Report. Furthermore, the proposed Compton TOD specificplan provides development regulations and design guidelines which will ensure that anyfuture development is compatible for the downtown and adjacent areas.3. The proposed application of the Specific Plan (SP) overlay zone and adoption of theCompton Station TOD Specific Plan will promote increased housing opportunities, transituse, encourage redevelopment and increased pedestrian activity in the downtown civiccenter area and adjacent areas. The Compton Station TOD Specific Plan will also furtherseveral state planning goals such as reduction in greenhouse gases, reduced use ofautomobiles, increased affordable housing units and increased use of light rail.FINDINGS FOR AN APPROVAL OF CHANGE OF ZONE – SPECIFIC PLAN: 1. The proposed Compton TOD Specific Plan is consistent with the 1991 General Plan goals,policies of the Land Use, Housing, Urban Design and Circulation elements. The SpecificPlan through its design guidelines and development regulations will be compatible withthe existing and future patterns of zoning, land use and development.2. The specific plan enhanced provide design guidelines and development standards in theproject area that are not available through categorical Zoning. The proposed designguidelines and development standards encourage higher density, taller mixed usebuildings with reduced parking, amenities, circulation improvements and facilitate the newconstruction of affordable housing units.3. The administration and permit processes within the Specific Plan are consistent with theadministration and permit processes of the Zoning Ordinance in that the Specific Planclearly defines the development review process, what uses are permitted by right andwhat uses will require an entitlement such as a Conditional Use Permit or Minor UsePermit. The Specific Plan also clearly states which uses are prohibited.4. The Specific Plan will not be detrimental to the health, safety, comfort, convenience, andgeneral welfare of the neighborhood or result in a downgrade for the community becausethe Specific Plan will regulate future re-development with more comprehensive designguidelines and development standards then contained in the zoning ordinance. TheCompton TOD Specific Plan provides for compact vertical mixed use development which ORDINANCE NO. _________________Page 3encourages increased use of mass transit, bicycles, walking reduced use of automobiles, provides onsite amenities, and encourages more affordable housing.5. The Specific Plan will not adversely affect such necessary community services as traffic, circulation, sewage disposal, fire protection, and water supply for the reasons set forth in the Environmental Impact Report prepared for the specific plan. However, the EIR does state that there will be unavoidable impacts even with mitigation for both Noise and Air Quality. Findings of Fact and a Statement of Overriding Considerations have been prepared for adoption and are included as attachment D. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES ORDAIN AS FOLLOWS: Section 1. The City Council, adopts Environmental Impact Report No. 953, Mitigation Monitoring and Reporting Program, Findings of Fact and Statement of Overriding Considerations, (Attachment D). Section 2 That notwithstanding the imposition of the mitigation measures in the MMRP not all significant impacts of the project have been reduced to a level of insignificance or eliminated by changes in the proposed project. The City council finds that the project will bring substantial benefits to the City and that the specific plans benefits outweigh the projects significant unavoidable impacts and pursuant the CEQA guidelines section 15093 adopts and makes the Findings or fact and Statement of Overriding Considerations as set forth in Attachment D attached hereto and incorporated herein by reference to explain why the project its impacts and foregoing benefits, the City council finds in light of important social, economic and other benefits that the project will bring as set forth in the Statement of Overriding Considerations, that the adverse environmental impacts of the project that are not fully mitigated are acceptable. Section 3. That the mitigation measures/conditions of approval shown on Attachment B, attached herein, shall apply to the Compton TOD Specific Plan:Section 4.That zoning code section 30-54 shall be amended as described in Attachment C to permit “overlay” zoning for the Specific Plan (SP) zone. Section 5. That the zoning of APN’s listed in Attachment “A” hereby receive the added overlay zoning of “Compton TOD- SP” and the Compton TOD specific plan is hereby adopted.Section 6. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall remain in full force and effect.Section 7. That a copy of this Ordinance shall be filed in the offices of the City Clerk, City Manager, Building & Safety and Community Development Department (Planning).Section 8. That this Ordinance shall take effect thirty (30) days after adoption by the City Council. Section 9. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Ordinance and shall cause same to be published as required by law.ADOPTED this _________ day of _______________, 2022. __________________________________ MAYOR OF THE CITY OF COMPTON ORDINANCE NO. __________________Page 4ATTEST:___________________________________CITY CLERK OF THE CITY OF COMPTONSTATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ssCITY OF COMPTON ) I, Alita Godwin, City Clerk of the City of Compton, do hereby certify that the foregoing Ordinance was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the ___________ day of ________________, 2022. That said Ordinance was adopted by the following vote, to wit:AYES: COUNCIL MEMBERS- NOES: COUNCIL MEMBERS- ABSENT: COUNCIL MEMBERS- ABSTAIN: COUNCIL MEMBERS- ___________________________________ CITY CLERK OF THE CITY OF COMPTON ATTACHMENT A AINZONINGCompton TOD Specific Plan Overlay ZonedParcels6166010025 DC6166010904 DC6166010904 DC6166010904 DC6166010904 DC6166010904 DC6166010904 DC6166010904 DC6166010903 DC6166010025 DC6166010903 DC6166010025 DC6166010903 DC6166010025 DC6166010903 DC6166010025 DC6166010903 DC6166010015 DC6166010903 DC6166010902 DC6166010027 DC6166010027 DC6166010901 DC6166010027 DC6166010016 DC6166010016 DC6166010902 DC6166010901 DC6166005900 DC6166010017 DC6166010017 DC6166010018 DC6166010900 DC6166010900 DC6166010031 DC6166010031 DC6166010031 DC6166010031 DC6166010031 DC6166010031 DC6166010031 DC6166010909 DC6166010907 DC6166010031 DC6166010031 DC6166005906 DC6166006020 DC6166006021 DC6166006021 DC6166006021 DC6166006021 DC6166006924 DC6166006021 DC6166006020 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UF6179004900 UF6179001270 UF6179001901 UF6179001007 UF6179004900 UF6179004900 UF6179004900 UF6179004900 UF6179004900 UF6179004900 UF6179001007 UF6179001902 UF6179004900 UF6153027901 UF6153027801 UF ATTACHMENT B Conditions of Approval for Compton TOD Specific Plan Conditions of Approval/Mitigation Measures: 1. During case-by-case review of individual projects, the City shall consider the application of the following strategies to reduce mobile source emissions to the maximum extent feasible: Provide preferential carpool/vanpool parking spaces for office uses.Provide for shuttle/mini bus services for hotel usesProvide bicycle storage/parking facilities and shower/locker facilities.Provide onsite child-care centers.Provide transit design features within development.Develop park-and-ride lots.Employ a transportation/rideshare coordinator at commercial uses.Implement a rideshare program.Provide incentives for employees to rideshare or take public transportation.Provide bicycle paths that link to an external network.Provide pedestrian facilities.Integrate affordable and below market rate housing.Provide electric vehicle chargingReduce parking supply.Implement subsidized or discounted transit program.Implement bike-sharing program.3. City of Compton will facilitate and require the following to mitigate potential future impacts to historic resources.a. Prior to the issuance of any demolition or development permits submitted by project applicants, the applicant shall prepare an inventory of the buildings located onsite within the identified project site. b. Prior to the issuance of any permits associated with the individual projects within the Specific Pan area that involves the demolition or alteration of buildings or structures greater than 45 years old, the project applicant shall retain a historian or architectural historian who meets or exceeds the Secretary of Interior’s Professional Qualifications Standards to document and evaluate the historical significance of the affected buildings or structures. If such documentation and evaluation indicate that the building or structure qualifies as a significant historical resource, the resource shall be avoided and preserved in place if feasible. If avoidance or preservation is not feasible, a Historical Resources Treatment Plan shall be prepared and implemented requiring further documentation or action to reduce impacts on historical resources. These actions may include but are not limited to archival quality photographs, measured drawings, oral histories, interpretive signage, and/or other measures including, potentially, alteration of the resource in accordance with Secretary of the Interior’s Standards or relocation of the resource.c. As defined in the California Code of Regulations (CCR) Title 4(3) Section 15126.4 (b)(2), in some circumstances, documentation of a historical resource, by way of historic narrative, photographs or architectural drawings, as mitigation for the effects of demolition of the resource will not mitigate the effects to point where clearly no significant effect on the environment would occur. In these cases, the Historical Resources Treatment Plan shall also evaluate the feasibility of retaining significant buildings or structures in their original locations and rehabilitating them according to the Secretary of the Interior’s Standards and Guidelines for Rehabilitating Historic Buildings.4 City of Compton will facilitate and require the following to mitigate potential future impacts to archaeological resource studies.a. Prior to any approval by the City for projects that involve any demolition, grading, trenching, or other ground disturbance, a Phase 1 Cultural Resources Study conducted by a qualified archaeologist meeting the Secretary of the Interior standards in archaeology shall be required. A Phase 1 study shall include a pedestrian survey of the project site to identify potential surficial archaeological resources and sufficient background archival research and field sampling to determine whether subsurface prehistoric or historic remains may be present. If the project site is completely paved and/or developed, a pedestrian survey may not be required. Archival research should include, at minimum, a records search conducted at the South Central Coast Information Center (SCCIC) and a Sacred Lands File (SLF) search conducted with the NAHC.b. Any cultural resources identified shall be avoided and preserved in place if feasible. Where preservation is not feasible, each resource shall be subject to a Phase 2 evaluation for significance and eligibility for listing in the CRHR. Phase 2 evaluation shall include any necessary archival research to identify significant historical associations as well as mapping of surface artifacts, collection of functionally or temporally diagnostic tools and debris, and excavation of a sample of the cultural deposit to characterize the nature of the sites, define the artifact and feature contents, determine horizontal boundaries and depth below surface, and retrieve representative samples of artifacts and other remains.c. Cultural materials collected from the sites shall be processed and analyzed in the laboratory according to standard archaeological procedures. The age of archaeological resources shall be determined using radiocarbon dating or other appropriate procedures; lithic artifacts, faunal remains, and other cultural materials shall be identified and analyzed according to current professional standards. The significance of the sites shall be evaluated according to the criteria of the CRHR. The results of the investigations shall be presented in a technical report following the standards of the California Office of Historic Preservation publication “Archaeological Resource Management Reports: Recommended Content and Format (1990 or latest edition)”. Upon completion of the work, all artifacts, other cultural remains, records, photographs, and other documentation shall be curated at an appropriate curation facility. All fieldwork, analysis, report production, and curation shall be fully funded by the applicant.If any of the resources meet CRHR significance standards, the City shall ensure that all feasible recommendations for mitigation of impacts are incorporated into the final design and any permits issued for development. Any necessary archaeological data recovery excavation shall be carried out by a Registered Professional Archaeologist according to a research design reviewed and approved by the City prepared in advance of fieldwork and using appropriate archaeological field and laboratory methods consistent with the California Office of Historic Preservation Planning Bulletin 5 (1991), Guidelines for Archaeological Research Design, or the latest edition thereof.As applicable, the final Phase 1 Inventory, Phase 2 Testing and Evaluation, Phase 3 Data Recovery reports shall be submitted to the City prior to final inspection of a construction permit.Recommendations contained therein shall be implemented throughout all ground disturbance activities including, at minimum, requirements to follow for unanticipated archaeological discoveries during construction.5 City of Compton will facilitate and require the following to mitigate potential future impacts related to unanticipated discovery of tribal cultural resources.In the event that a cultural resource of Native American origin is identified in the Plan Area during the implementation of MM CUL-2 or during any project-related ground disturbance, the City of Compton, as Lead Agency, shall consult with local Native American tribes who have requested notification of projects under AB 52. If the City, in consultation with the local Native American tribe(s), determines that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with state guidelines and in consultation with representatives of the Native American tribe(s). The mitigation plan may include but would not be limited to avoidance, capping in place, excavation and removal of the resource, interpretive displays, sensitive area signage, or other mutually agreed upon measures.6 City of Compton will facilitate and require the following to mitigate potential future impacts related to unanticipated discovery of paleontological resources:In the event that paleontological resources are unearthed during ground-disturbing activities, the City of Compton Department of Building and Safety will be notified immediately, and all work will cease in the area of the find until a qualified paleontologist evaluates the find. Construction activity may continue unimpeded on other portions of the Project site. The paleontologist shall determine the location, the time frame, and the extent to which any monitoring of earthmoving activities shall be required. The found deposits would be treated in accordance with federal, State, and local guidelines, including those set forth in California PRC § 21083.2.7 During case-by-case review of individual projects, the City of Compton shall consider the application of the following strategies to reduce construction noise levels to the maximum extent feasible:a. Mufflers. Construction equipment shall be properly maintained and all internal combustion engine driven machinery with intake and exhaust mufflers and engine shrouds, as applicable, shall be in good condition and appropriate for the equipment. During construction, all equipment, fixed or mobile, shall be operated with closed engine doors and shall be equipped with properly operating and maintained mufflers, consistent with manufacturers’ standards.b. Electrical Power. Electrical power, rather than diesel equipment, shall be used to run compressors and similar power tools and to power any temporary structures, such as construction trailers or caretaker facilities.c. Equipment Staging. All stationary equipment shall be staged as far away from the adjacent sensitive receptors as feasible.d. Equipment Idling. Construction vehicles and equipment shall not be left idling for longer than five minutes when not in use.e. Workers’ Radios. All noise from workers’ radios shall be controlled to a point that they are not audible at sensitive receptors near construction activity.f. Smart Back-up Alarms. Mobile construction equipment shall have smart back-upalarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Alternatively, back-up alarms shall be disabled and replaced with humanspotters to ensure safety when mobile construction equipment is moving in the reverse direction.g. Disturbance Coordinator. Project applicants shall designate a disturbance coordinator who shall be responsible for responding to any local complaints about construction noise. The noise disturbance coordinator shall determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall require that reasonable measures warranted to correct the problem be implemented. A telephone number for the disturbance coordinator shall be conspicuously posted at the construction site.8 During case-by-case review of individual projects, the City shall consider the application of the following strategy to reduce construction noise levels to the maximum extent feasible:Temporary Sound Barriers. For construction activities located directly adjacent to sensitive receivers (e.g., residences, mobile homes, open space areas, schools), temporary sound barriers shall be installed and maintained by the construction contractor between the construction site and adjacent receivers during the demolition, site preparation, grading phases, and building phases of construction. Temporary sound barriers shall consist of either sound blankets or other sound barriers/techniques such as acoustic padding or acoustic walls placed near adjacent residential buildings that have been field-tested to reduce noise by least 15 dBA. Barriers shall be placed such that the line-of-sight between noise-generating construction equipment and adjacent sensitive land uses is blocked and shall be placed as close to the source equipment, as feasible. As an alternative, applicants may prepare a Noise Study that demonstrates construction noise would not exceed ambient noise levels at nearby sensitive resources. The Noise Study shall incorporate best management practices and9 Prior to any grading or construction activity within 25 feet of an extremely fragile building (non-engineered timber and masonry) or potentially historical resource, applicants shall prepare a Vibration Control Plan. The Vibration Control Plan shall be prepared by a qualified structural engineer and shall include methods to minimize vibration, including but not limited to: a. Use of drilled piles or the use of a sonic vibratory pile driver rather than impact pile driving b. Use of rubber-tired equipment rather than metal-tracked equipment c. Avoiding the use of vibrating equipment when allowed by best engineering practices The Vibration Control Plan shall include a pre-construction survey letter establishing baseline conditions at potentially affected adjacent buildings. The survey letter shall provide a shoring design to protect the adjacent buildings from potential damage. The structural engineer may recommend alternative procedures that produce lower vibration levels, such as sonic pile driving or caisson drilling instead of impact pile driving. Development projects shall implement the structural engineer’s recommendations.A Statement of Compliance signed by the Applicant and Owner is required to be submitted to Building and Safety at plan check and prior to the issuance of any permit. The Vibration Control Plan, prepared as outlined above, shall be documented by a qualified structural engineer, and shall be provided to the City upon request.
ATTACHMENT C (Amended) 30-54.4 General Plan and Zoning Consistency All proposed specific plan shall be consistent with the goals and policies of the Compton General Plan and this title. All proposed specific plans shall submit a concurrent General Plan and Change of Zone application changing the current General Plan land use designation and zoning to SP to affect the adoption of a Specific Plan.The Specific Plan (SP) zone can be applied as either a base categorical zone or as an Overlay zone.
Attachment D Certification of the Compton Station Transit-Oriented Development Specific Plan Final Program Environmental Impact ReportAdoption of California Environmental Quality Act Findings, Mitigation Measures, Mitigation Monitoring Program, and Statement of Overriding Considerations August 2022 Impact Sciences, Inc.iCompton Station TOD Specific Plan Final EIR1335.001 August 2022 TABLE OF CONTENTSSection PageA. Introduction ..................................................................................................................................................1B. Project Summary ..........................................................................................................................................1B.1 Project Objectives ...........................................................................................................................1C. Environmental Review and Public Participation Process.......................................................................2C.1 Incorporation of Final EIR by Reference.....................................................................................2D. Findings Regarding the Environmental Review Process and the Content of the Final EIR. .............3D.1 Finding Regarding Location and Custodian of the Record ...................................................... 4D.2 Absence of Significant New Information....................................................................................5E. Environmental Impacts ............................................................................................................................... 6E.1 Differences of Opinion Regarding the Impacts of the Project..................................................7E.2 Findings Regarding Impacts Identified in the EIR to be Less Than Significant or No Impact and Requiring no Mitigation .................................................................................... 8E.3 Findings Regarding Impacts Analyzed in the EIR and Determined to be Significant but Mitigated to Less Than Significant .................................................................. 27E.4 Findings Regarding Impacts Analyzed in the EIR and Determined to be Significant and Unavoidable ...................................................................................................... 33E.5 Other CEQA Required Analysis in the EIR .............................................................................. 39F. Alternatives to The Project ........................................................................................................................ 44F.1 Project Objectives and Legal Requirements ............................................................................. 45F.2 Findings Regarding Alternatives Considered in the EIR ....................................................... 45G Statement of Overriding Considerations ................................................................................................ 48G.1 Benefits of the Compton Station TOD Specific Plan ................................................................ 48H. Adoption of a Mitigation Monitoring Program for the CEQA Mitigation Measures ....................... 49 A. INTRODUCTIONThe Draft Program Environmental Impact Report (Draft EIR, State Clearinghouse No.2021090474) has been prepared by the City of Compton (City) to evaluate the environmental effects of the Compton Station Transit Oriented Development (TOD) Project (Project). The Project is described in Section B, Project Summary,below.The City is the lead agency as defined in Section 15051(b) of the guidelines for implementing the California Environmental Quality Act (CEQA).B. PROJECT SUMMARY The Compton Specific Plan provides a land use and policy framework to support the transformation of Compton Station into economically vibrant districts. The Compton Specific Plan focuses on implementing a community-based vision for the Metro A Line Compton Station and the immediate surrounding areas. A Specific Plan serves as regulatory tool for the City of Compton to guide responsible growth and development that maximizes the unique characteristics of that particular area. The proposed Specific Plan envisions how the Plan Area, in the heart of downtown Compton, can become the hub of the City. The Specific Plan would encourage desired activity in the area through land uses and development types and will remove constraints to efficient development. Those current land uses inconsistent with the Specific Plan would become non-conforming and remain in place until the property owner(s) decide to sell and/or redevelop their properties. The project does not propose to acquire or demolish properties. The authority forpreparation and adoption of specific plans is set forth in California Government Code Sections 65450 through 65457. In total expected developed by 2040 period is anticipated to be: 2,178 residential units (1,444 market-rate and 734 affordable) 97,000 square feet of office/institutional space A net decrease in commercial space of 39,000 square feet 150 hotel rooms Total retail space is additionally anticipated to decline by 39,000 square feet. The projected decline reflects an intended recycling of some large-format, big box stores with mixed-use development and inline stores and restaurants which occupy a much smaller footprint. The quality, variety and quantity of retail sales is anticipated to increase despite the decline in square footage. B.1 Project Objectives The following are the City’s objectives for the Project:Vision: In order to build a better downtown, transforming it into a world-class destination that all our community can enjoy, the Specific Plan sets out a suite of actions organized under six goals, which derive closely from the values and priorities expressed by the community. Goal #1: An economically active and vibrant station area which attracts investment and provides quality amenities to the community.
Impact Sciences, Inc.2Compton Station TOD Specific Plan Final EIR1335.001 August 2022 Goal #2: A safe and well-maintained Downtown where people enjoy public space. Goal #3: A built environment which reflect the history, creativity and excellence of Compton. Goal #4: A station area which promotes public health and sustainability and provides calm and attractive networks for all modes of travel. Goal #5: Adequate and affordable housing that enables the residents of Compton to remain in the community for the long-term. Goal #6: Increased opportunities for Compton residents to create and grow local businesses. C. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION PROCESSThe City of Compton prepared and circulated a Notice of Preparation (NOP) from September 24, 2021 through October 24, 2021. The NOP was circulated in order to receive input from interested public agencies (e.g., responsible and trustee agencies) and private parties on the contents of the EIR. In compliance with State CEQA Guidelines, the City held a scoping meeting on October 14, 2021 open to the public via Zoom to solicit comments from and to inform the public of the proposed EIR and its contents. The City prepared and circulated the Draft EIR for a period of 45 days, extending from May 11, 2022, and ending on June 27, 2022. The Draft EIR was available for review at Compton City Hall and the Compton Library; an electronic copy of the Draft EIR was posted on the City’s website. A community meeting was held on Thursday, June 9, 2022, via Zoom. A Notice of Availability of the Draft EIR was transmitted to responsible and trustee agencies, regulatory agencies and other to request comments on the Draft EIR, pursuant to State CEQA GuidelinesSection 15086. Comments on the Draft EIR were received during the comment period, and those comments are responded to in the Final EIR. The Final EIR is comprised of the Draft EIR and the comments on the Draft EIR submitted by interested public agencies, organizations, and members of the public; written responses to the environmental issues raised in those comments; revisions to the text of the Draft EIR reflecting changes made in response to comments and other information; and other minor changes to the text of the Draft EIR. The Final EIR is hereby incorporated in this document by reference. The Final EIR was distributed on October x, 2022 more than 10 days prior to the October xx,2022 City Council hearing.C.1 Incorporation of Final EIR by ReferenceThe EIR evaluated a Proposed Action, as well as alternatives to the Proposed Action. For purposes of these findings, the Project is defined to mean the project studied in the EIR. The Final EIR consists of: (1) the Draft EIR, (2) all appendices to the Draft EIR (Appendices 1.0 through 3.12); (3) Chapter 1, “Introduction”; (4) Chapter 2, “Responses to Comments and Staff Initiated Text Changes”: (5) Chapter 3, “Mitigation Monitoring and Reporting Program.” The Final EIR Chapter 2 specifically includes the City’s written responses to comments; a list of Impact Sciences, Inc.3Compton Station TOD Specific Plan Final EIR1335.001 August 2022 persons, organizations, and public agencies commenting on the Draft EIR; The City’s written responses to specific comments on significant environmental points raised in the review and consultation process; and copies of comments, as required by State CEQA Guidelines Section 15132. The Final EIR consisting of the aforementioned components is hereby incorporated by reference into these findings. D. FINDINGS REGARDING THE ENVIRONMENTAL REVIEW PROCESS AND THE CONTENT OF THE FINAL EIR. The City Council certifies that it has been presented with the Final EIR and that it has independently reviewed and considered the information contained in the Final EIR prior to making the following certifications and these findings.Pursuant to State CEQA GuidelinesSection 15090 (Title 14 of the California Code of Regulations, Section 15090) the Council certifies that the Final EIR has been completed in compliance with CEQA and the State CEQA Guidelines. The Council certifies the Final EIR for the actions described in these findings and in the Final EIR, for the Project as described above. The Council further certifies that the Final EIR reflects its independent judgment and analysis.Pursuant to Public Resources Code Section 21081 and State CEQA GuidelinesSection §15091,no public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings with respect to each significant impact:1. 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental as identified in the Final EIR. 2. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. 3. 3. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. The City has made one or more of these specific written findings regarding each significant impact associated with the Project. Those findings are presented below, along with a presentation of facts in support of the findings. The City certifies these findings are based on full appraisal of all viewpoints, including all comments received up to the date of adoption of these findings, concerning the environmental issues identified and discussed. The Compton Station TOD Specific Plan EIR has been prepared as a Program EIR pursuant to State CEQA GuidelinesSection 15168. The degree of specificity in the Program EIR corresponds to the specificity of the Project. The Program EIR included an appropriate analysis of impacts in thirteen (13) environmental topics, analyzing the Project and alternatives, including a No Project Alternative. The EIR disclosed the environmental impacts expected to result from the implementation and development of the Project. Feasible mitigation measures were identified to avoid or minimize significant environmental effects.
Impact Sciences, Inc.4Compton Station TOD Specific Plan Final EIR1335.001 August 2022 The mitigation measures adopted as part of the Project are feasible, as appropriate for a Program EIR, and the Compton Station TOD Specific Plan EIR mitigates the environmental impacts to the maximum extent feasible as discussed in the findings made below. The Findings in Section E,below, indicate where mitigation measures are not capable of reducing impacts to levels of less than significant.It is the finding of the City Council that the proposed Final EIR fulfills environmental review requirements for the Compton Station TOD Specific Plan and that the document constitutes a complete, accurate, adequate, and good faith effort at full disclosure under CEQA, and reflects the independent judgment of the City Council. In response to comments received, the Final EIR includes corrections and additions that correct minor errors and amplify and/or clarify information in the Draft EIR. All such changes made to the Draft EIR are shown in the Final EIR (Chapter 2.0, Corrections and Additions) in strikethrough and underline text. It is the finding of the City Council that such clarifying changes and the corrections and additions as described in the Final EIR, have not presented any new, significant information requiring recirculation or additional environmental review underCEQA Guidelines Section 15088.5. A Mitigation Monitoring and Reporting Plan (MMRP) for the Compton Station TOD Specific Plan has been adopted pursuant to the requirements of Public Resources Code Section 21081.6 to ensure implementation of the adopted mitigation measures to reduce significant effects on the environment and is included in the Final EIR document dated August 2022. The City is the custodian of the documents and other materials that constitute the record of the proceedings upon which certification of the EIR for the Compton Station TOD Specific Plan, is based, as described below in Section D.1, Finding Regarding Location and Custodian of the Record. D.1 Finding Regarding Location and Custodian of the Record The documents and other materials that constitute the record of proceedings on which the City’s Findings of Fact are based, are available for review at Compton City Hall located at 205 S. Willowbrook Avenue, Compton, CA 90220. The custodian of these documents is Robert Delgadillo, Senior Planner. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and 14 Cal. Code Regs. Section 15091(e). For purposes of CEQA, the Record of Proceedings for the Compton Station TOD Specific Plan EIR consists of the following documents, at a minimum: The Notice of Preparation and all other public notices issued by the City in conjunction with the Compton Station TOD Specific Plan EIR. The Draft and Final EIRs, including appendices and technical studies included or referenced in the Draft and Final EIRs. All comments submitted by agencies or members of the public during the 45-day public comment period on the Draft EIR.
Impact Sciences, Inc.5Compton Station TOD Specific Plan Final EIR1335.001 August 2022 The Mitigation Monitoring and Reporting Program for the Project. All Findings and resolutions adopted by the City Council in connection with the Project, and all documents cited or referred to therein. All reports, studies, memoranda, maps, staff reports, or other planning documents relating to the Compton Station TOD Specific Plan EIR prepared by Impact Sciences, Inc., consultant to the City. All documents and information submitted to the City by responsible, trustee, or other public agencies, or by individuals or organizations, in connection with the Reuse of the Compton Station TOD Specific Plan EIR, up through the date the City Council approved the Project. Minutes and/or summary transcripts of all public meetings and public hearings held by the City, in connection with the Compton Station TOD Specific Plan EIR. Any documentary or other evidence submitted to the City at such public meetings and public hearings. Matters of common knowledge to the City, including, but not limited to federal, state, and local laws and regulations. Any documents expressly cited in these Findings, in addition to those cited above. Any other materials required to be in the Record of Proceedings by Public Resources Code Section 21167.6(e). D.2 Absence of Significant New InformationState CEQA Guidelines Section 15088.5 requires a lead agency to recirculate an EIR for further review and comment when significant new information is added to the EIR after public notice is given of the availability of the Draft EIR but before certification of the Final EIR. New information added to an EIR is not “significant” unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect that the project proponent declines to implement. The Guidelines provide examples of significant new information under this standard, as follows: 4. (1) A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented. 5. (2) A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance.
Impact Sciences, Inc.6Compton Station TOD Specific Plan Final EIR1335.001 August 2022
6. (3) A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project’s proponents decline to adopt it. 7. (4) The Draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. Recirculation is not required where the new information added to the EIR merely clarifies or amplifies or makes insignificant modifications in an adequate EIR.The City Council recognizes that the Final EIR incorporates information obtained by the City since the Draft EIR was completed, and contains additions, clarifications, modifications, and other changes. With respect to this information, the Council finds as follows: Various minor changes and edits have been made to the text the Draft EIR. These changes are generally of an administrative nature such as correcting typographical errors, making minor adjustments to the data, and adding or changing certain phrases to improve readability and enhance clarity. The City Council finds that these changes are of a minor, non-substantive nature and do not require recirculation of the Draft EIR. In addition to the changes and corrections described above, the Final EIR provides additional information in response to comments and questions from the public. The City Council finds that this additional information does not constitute significant new information requiring recirculation, but rather that the additional information clarifies or amplifies an adequate EIR. Specifically, the City Council finds that the additional information including the changes described above, does not show that: 8. (1) A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented. 9. (2) A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance. 10. (3) A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project’s proponents decline to adopt it. 11. (4) The Draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. E. ENVIRONMENTAL IMPACTS The City staff report, the EIR, written comments, written and oral testimony at public hearings, and these Findings and Statement of Overriding Considerations and other information in the administrative record serve as the basis for the City’s environmental determination. The Final EIR includes revisions to the Draft EIR, public comments, and City responses. The detailed analyses Impact Sciences, Inc.7Compton Station TOD Specific Plan Final EIR1335.001 August 2022 of potential environmental impacts and proposed mitigation measures for the Project are presented in the Draft EIR. Written comments and City responses, as well as some minor revisions to the impact and mitigation discussions, are provided in the Final EIR. Presented below are the environmental findings made by this City Council after its review of the documents referenced above. Factual discussion in this document summarizes the information contained in the EIR and the administrative record upon which this Council bases its decision to certify the EIR and approve the Project. The EIR prepared for the Project identifies two individual significant environmental impacts within 13 issue areas, which cannot be fully mitigated and are therefore considered significant and unavoidable impacts. To the extent these impacts remain significant and unavoidable, such impacts are acceptable when weighed against the overriding social, economic, legal, technical, and other considerations set forth in the Statement of Overriding Considerations. The significant and unavoidable impacts identified in the Draft EIR are discussed below, along with the appropriate findings per State CEQA Guidelines Section 15091. The City Council concurs with the conclusions in the Draft EIR that the issues and sub-issues discussed below can be mitigated below a significant impact threshold. For those issues that cannot be mitigated below a level that is less than significant, overriding considerations exist which make those impacts acceptable. E.1 Differences of Opinion Regarding the Impacts of the Project In making its determination to certify the Final EIR and to approve the Project, the City Council recognizes that the Project involves a number of controversial environmental issues and that a range of technical and scientific opinion exists with respect to those issues. The City Council has acquired an understanding of the range of this technical and scientific opinion by its review of the Draft EIR, the comments received on the Draft EIR and the responses to those comments in the Final EIR, as well as testimony, letters, and reports regarding the Final EIR and its own experience and expertise in assessing environmental impacts. The City Council has reviewed and considered, as a whole, the evidence and analysis presented in the Draft EIR, the evidence and analysis presented in the comments of the Draft EIR, the evidence and analysis presented in the Final EIR, the information submitted on the Final EIR, and the reports prepared by the experts who prepared the EIR, consultants, and by staff, addressing those comments. The City Council has gained a comprehensive and well-rounded understanding of the environmental issues presented by the Project. In turn, this understanding has enabled the City Council to make its decisions after weighing and considering the various viewpoints on these important issues. The City Council accordingly certifies that its findings are based on full appraisal of all of the evidence contained in the Final EIR, as well as the evidence and other information in the record addressing the FinalEIR.In making these findings, the City Council has considered the opinions of other agencies and members of the public, including opinions that disagree with some of the analysis and significance thresholds used in the EIR. City Council finds that the determination of significance thresholds is a judgment within the discretion of the City Council; the significance thresholds used in the EIR are supported by substantial evidence in the record, including the expert opinion of the EIR preparers and staff; and the significance thresholds used in the EIR provide reasonable and appropriate means of assessing the significance of the adverse environmental effects of the Project.
Impact Sciences, Inc.8Compton Station TOD Specific Plan Final EIR1335.001 August 2022 E.2 Findings Regarding Impacts Identified in the EIR to be Less Than Significant or No Impact and Requiring no MitigationThe following issues were identified during the scoping process as having the potential to cause significant impact. These issues were found in the EIR as having no potential to cause significant impact and therefore require no project-specific mitigation. Aesthetics Threshold AES-1 The Plan area is not within or visible from any existing designated (or eligible) scenic highways. The nearest highway is Interstate 110 between mile post 25.7 and 31.9 in Los Angeles, approximately three miles west of the Plan area. Due to the lack of a designated (or eligible) scenic highway, implementation of the Plan would not result in impacts to a scenic resource within a state scenic highway. No mitigation is required. (Final EIR pp. 3.1-22) Threshold AES-2 The proposed Plan would result in redevelopment and infill development within the existing developed urban environment. The views along road corridors would continue to be of a developed and urban landscape. Due to the lack of topography, scenic vistas would not be generated by the project, and as described above, no identified or designated scenic views or vistas exist. As a result, implementation of the proposed Plan would have no impacts in relation to a scenic vista. Threshold AES-3 Implementation of the Specific Plan would change the existing Plan Area’s visual quality by encouraging mixed-use development and providing public benefit projects for the community. The Specific Plan includes design guidelines (See Chapter 4 – Design Guidelines) to ensure development reflects the abovementioned principles. The design guidelines will apply to all multi-family residential, commercial, and mixed-use construction developments within the Plan area. The design guidelines include the following topics: building siting and orientation, building modulation and articulation; architectural theme, materials, finishes, color, on-site circulation, parking facility design, façade enhancements and activities, residential open space and amenities, residential privacy, green roofs and active roofs, walls and fences, exterior lighting, and outdoor service, storage, and loading areas. These guidelines will facilitate a cohesive design of the Plan area. Upon adoption of the Specific Plan by the City Planning Commission and City Council, future development projects facilitated by the Specific Plan would be Impact Sciences, Inc.9Compton Station TOD Specific Plan Final EIR1335.001 August 2022 required to comply with the development standards and design guidelines included the Specific Plan, as well as the City’s Zoning Code and the City’s General Plan's Urban Design Element. The City’s permitting and approval process would ensure compliance. The process would also ensure projects would be reviewed by the City’s Architectural Review Board, Building and Safety Department, and/or Planning Division of the Community Development Department, as applicable. As such, adoption of the Specific Plan would enable the project to be in compliance with applicable zoning and regulations governing scenic quality. Therefore, potential impacts associated with scenic quality would be less than significant. No mitigation is required (Final EIR 3.1-25 to 3.1-26) Threshold AES-4 The Specific Plan contains provisions to reduce the impact of new sources of light. New lighting (site, parking lot, and building security lighting) should preclude direct glare on onto neighboring properties or skyward. Lighting fixtures will be shielded to confine light spread. In mixed-use projects, all lighting should be adequately shielded from adversely impacting residential sections and lighting on walkways and driveways should be one foot candle minimum. Furthermore, Chapter 30-19.5 of the CMC contains lighting standards for new development. Future projects developed in the Plan Area would be reviewed for site-specific consistency with the lighting standards. Therefore, impacts associated with light and glare would be less than significant. (Final EIR 3.1-26 to 3.1-27) Air QualityThreshold AIR-1 Area air quality planning, including the AQMP, assumes that there will be emissions from new growth, but that such emissions may not impede the attainment and may actually contribute to the attainment of applicable air quality standards within the SCAB. The Specific Plan would not result in construction air quality emissions that exceed the SCAQMD thresholds of significance. Specific Plan construction activities will be consistent with the goals and objectives of the AQMP to improve air quality in the SCAB. The Specific Plan’s growth projections would not be considered substantial, and the objectives of the Specific Plan would help the State, SCAG region and City achieve its goals of increasing housing, and in particular, locating growth within transit-oriented districts. The Specific Plan would not have the potential to conflict with regional growth projections identified in SCAG’s RTP/SCS used in the formulation of the AQMP. As the Specific Plan is consistent with Criterion Nos. 1 and 2, it would not conflict with Impact Sciences, Inc.10Compton Station TOD Specific Plan Final EIR1335.001 August 2022 or obstruct implementation of any applicable air quality plan, and this impact is less than significant. No mitigation is required (Final EIR 3.2-21 to 3.2-23) Threshold AIR-3 Localized Emissions. As shown in Table 3.2-10, Localized Significance of Construction Emissions – Maximum Pounds per Day, the Specific Plan would not exceed any of the identified localized thresholds of significance during construction. Therefore, Specific Plan construction would not expose sensitive receptors to substantial air pollutant concentrations and these impacts would be less than significant. As the operational component of Specific Plan buildout would occur across the Plan Area and primarily consist of mobile sources, an operational analysis against the LST methodology is not appropriate and this impact would be less than significant. No mitigation is required. (Final EIR 3.2-28 to 3.2-29) Carbon Monoxide. The Specific Plan would not result in potentially significant CO “hot spots” and a Project-specific CO hotspots analysis is not required to reach this conclusion. It has long been recognized that CO exceedances (“hot spots”) are caused by vehicular emissions, primarily when idling at intersections. Vehicle emissions standards have become increasingly more stringent in the last twenty years. Therefore, the Specific Plan would not have the potential to cause or contribute to an exceedance of the California one-hour or eight-hour CO standards. No mitigation measures are required. (Final EIR 3.2-29 to 3.2-30) Toxic Air Contaminants. Impacts with respect to localized CO concentrations would be less than significant. The greatest potential during long-term operations for exposure to TACs is from the use of heavy-duty diesel trucks and stationary generators that use diesel fuel. However, these activities, and the land uses associated with the Specific Plan, are not considered uses that generate substantial TAC emissions based on review of the air toxic sources listed in SCAQMD’s and CARB’s guidelines. It is expected that quantities of hazardous TACs generated on-site (e.g., cleaning solvents, paints, landscape pesticides, etc.) for the types of proposed land uses would be below thresholds warranting further study under the California Accidental Release Program. For these reasons, the Specific Plan would not expose nearby sensitive receptors to substantial amounts of air toxics Impact Sciences, Inc.11Compton Station TOD Specific Plan Final EIR1335.001 August 2022 and this impact would be less than significant. No mitigation measures are required. (Final EIR 3.2-30) Threshold AIR-4 Construction activities associated with the Specific Plan may generate detectable odors from heavy-duty equipment exhaust and architectural coatings. However, construction-related odors would be short-term in nature and cease upon Specific Plan buildout. In addition, the Specific Plan would be required to comply with the California Code of Regulations, Title 13, sections 2449(d)(3) and 2485, which minimizes the idling time of construction equipment either by shutting it off when not in use or by reducing the time of idling to no more than five minutes. This would reduce the detectable odors from heavy-duty equipment exhaust. The Specific Plan would also be required to comply with the SCAQMD Rule 1113 – Architectural Coating, which would minimize odor impacts from ROG emissions during architectural coating. Any odor impacts to existing adjacent land uses would be short-term and not substantial. As such, the Specific Plan would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people and this impact would be less than significant. No mitigation is required. (Final EIR 3.2-31) Cultural ResourcesThreshold CUL-3 In the unlikely event that human remains are uncovered during ground-disturbing activities, there are regulatory provisions to address the handling of human remains in California Health and Safety Code § 7050.5, PRC § 5097.98, and CEQA Guidelines § 15064.5(e). Pursuant to these codes, in the event that human remain are discovered, it requires that disturbance of the site shall be suspended, and the City of Compton and the Los Angeles County Coroner would be immediately notified. Compliance with these protocols would reduce impacts to a less than significant level. No mitigation is required. (Final EIR 3.3-21) EnergyThreshold EN-1 Construction equipment would be maintained to applicable standards, and construction activity and associated fuel consumption and energy use would be temporary and typical of construction sites. It is also reasonable to assume contractors would avoid wasteful, inefficient, and unnecessary fuel consumption during construction to reduce construction costs. Therefore, the Specific Plan would not involve the inefficient, wasteful, and unnecessary use of energy during Impact Sciences, Inc.12Compton Station TOD Specific Plan Final EIR1335.001 August 2022 construction, and the construction-phase impact related to energy consumption would be less than significant. The operation of anticipated development would increase the use of energy in the Plan Area due to the intensification of land use. However, the increase would be in conformance with the latest version of California’s Green Building Standards Code and Building Energy Efficiency Standards. In addition, SCE and SoCalGas have sufficient supplies to serve the development forecast under the proposed Specific Plan. Therefore, the Specific Plan would not result in wasteful, inefficient, or unnecessary energy consumption. This impact would be less than significant. No mitigation is required. (Final EIR 3.4-10 to 3.4-12) Threshold EN-2 The City of Compton has not adopted any specific renewable energy or energy efficiency plan; however, as demonstrated under Impact GHG-2, the Specific Plan would be consistent with existing local policies contained in the City’s General Plan intended to promote energy efficiency through renewable energy use and energy conservation measures. Furthermore, the Specific Plan itself contains goals and actions intended to promote energy efficiency, including Action 4.7, which seeks to promote the creation of green and solar roofs to reduce energy consumption of buildings and minimize GHG emissions. Therefore, the Specific Plan is consistent with and would not conflict with or obstruct a state plan or policies contained in the City’s General Plan for renewable energy or energy efficiency; impacts would be less than significant. No mitigation is required. (Final EIR 3.4-12 to 3.4-13) Greenhouse Gas Emissions Threshold GHG-1 With the use of CalEEMod, GHG emissions associated with Specific Plan construction activities were calculated from off-road equipment usage, hauling vehicles, delivery, and worker trips to and from sites within the Plan area. The total GHG construction emissions would be 3,013.66 metric tons of carbon dioxide equivalent (MT CO2e). As GHG emissions impacts from construction activities would occur over a relatively short time span, it would contribute a relatively small portion of the lifetime GHG emission impact of the Specific Plan. The total construction GHG emissions were divided by 30 years to determine an annual construction emission rate to be amortized over the Specific Plan’s first 30 years of operations, consistent with SCAQMD recommendations. Amortized over a 30- Impact Sciences, Inc.13Compton Station TOD Specific Plan Final EIR1335.001 August 2022 year period, the Specific Plan is anticipated to emit approximately 100.46 metric tons of carbon dioxide per year (MT CO2e/year). The operations of the Specific Plan would generate GHG emissions from the usage of on-road motor vehicles, electricity, natural gas, water, and generation of solid waste and wastewater. Emissions of operational GHGs are shown in Table 3.5-5, Specific Plan Greenhouse Gas Emissions. As shown, the GHG emissions generated by the Specific Plan would be approximately 21,537.05 CO2e MTY. This quantified estimate of the Specific Plan’s GHG emissions satisfies Section 15064.4(a) of the CEQA Guidelines, which states a lead agency shall make a good-faith effort, based to the extent possible on scientific and factual data, to describe, calculate or estimate the amount of greenhouse gas emissions resulting from a project. As described in Impact GHG-2the significance determination is based on the Specific Plan’s consistency with the state’s laws and programs to address climate change (i.e., AB 32, SB 32, and SB 375), regional plans to address climate change consistent with state laws and plans (i.e., 2020-2045 SCS/RTP), and local plans and policies to address climate change (i.e., City of Compton General Plan). Based on the discussion under Impact GHG-2, the Specific Plan would not generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment, and this impact is less than significant. No mitigation is required. (Final EIR 3.5-30 to 3.5-32) Threshold GHG-2 As stated previously, the Specific Plan would have a significant GHG emissions impact if it would conflict with: the state’s laws and programs to address climate change (i.e., AB 32, SB 32, and SB 375); regional plans to address climate change consistent with state laws and plans (i.e., 2020-2045 SCS/RTP); and local plans and policies to address climate change (i.e., City of Compton General Plan). See Tables 3.5-6 and 3.5-7 of the EIR. As discussed in more detail below, the Specific Plan would be consistent with AB 32, SB 32, SB 375, the SCS/RTP, and the City’s General Plan. As such, the Specific Plan would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gas emissions and this impact would be less than significant. No mitigation is required. (Final EIR 3.5-33 to 3.5-40) Hazards and Hazardous MaterialsThreshold HAZ-1 During construction compliance with all applicable regulations for the handling of such waste, including SCAQMD Rule 1403 (asbestos) and the California Code Impact Sciences, Inc.14Compton Station TOD Specific Plan Final EIR1335.001 August 2022 of Regulations. Additionally, appropriate documentation for hazardous waste that is transported in connection with activities at development sites (such as disposal of asbestos or building materials containing lead-based paint or PCBs) would be required by the City’s Public Works Department prior to issuance of any demolition or construction permits (as required by federal, state, and city regulations) to ensure compliance with the existing hazardous materials regulations described above. These requirements were developed to protect human health and the environment and compliance with these existing regulations would reduce impacts related to demolition, transport, and disposal of hazardous materials to a less-than–significant level. Operation of the industrial uses would be conducted in accordance with all applicable State and federal laws, such as the Hazardous Materials Transportation Act, Resource Conservation and Recovery Act, the California Hazardous Material Management Act, and the California Code of Regulations, Title 22. Onsite activity involving hazardous substances (e.g., diesel fuel, oil, lubricants), and the transport, storage, handling, and retail sale of these substances must adhere to applicable local, State, and federal safety standards, ordinances, or regulations. Businesses engaged in the use, sale, storage, or transport of hazardous substances is monitored by various local (i.e., the County of Los Angeles and the Los Angeles County Fire Department) and State (i.e., DTSC) entities. Potentially hazardous waste produced during operation would also be collected, stored, and disposed of in accordance with applicable laws and regulations. Therefore, potential impacts associated with operation would be less than significant. No mitigation is required. (Final EIR 3.6-18 to 3.6-20) Threshold HAZ-2 Should construction activities be proposed for a site that may be contaminated due to previous uses, a site study and specific remediation and cleanup activities, would be required, if necessary, by the existing federal and state regulations, under the supervision of the DTSC before construction activities could begin. Implementation of construction activities of developments pursuant to the proposed Plan would be done in compliance with existing agency regulations related to hazardous materials. As a result, potential impacts related to the Impact Sciences, Inc.15Compton Station TOD Specific Plan Final EIR1335.001 August 2022 reasonably foreseeable upset or accident conditions involving release of hazardous materials into the environment would be less than significant. Through future development under the proposed Plan, hazardous materials could be stored within the Plan area; however, the materials would generally be in the form of routinely used common chemicals. All hazardous materials would be used and stored in accordance with applicable regulations and such uses would be required to comply with federal and state laws to reduce the potential consequences of hazardous materials accidents. As a result, implementation of the proposed Plan would not result in 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, and impacts would be less than significant. No mitigation is required. (Final EIR 3.6-21 to 3.6-22) Threshold HAZ-3 Compliance with existing regulations would minimize the risks associated with the exposure of sensitive receptors, including schools, to hazardous materials to a less than significant level. Therefore, future development under the proposed Plan would result in a less than significant impact related to the emissions or handling of hazardous materials within the vicinity of schools. Impacts would be less than significant. (Final EIR3.6-22 to 3.6-23) Threshold HAZ-4 The project area includes DTSC listed cleanup sites. The listed sites do not include any “active” cases involved in voluntary cleanup, evaluation, or corrective action. Contaminated properties are regulated at the federal, State, and local level, and are subject to compliance with stringent laws and regulations for investigation and remediation. With compliance of all applicable laws and regulation, impacts related to hazardous materials site listings would be less than significant. Compliance with these laws, regulations would be ensured through the City’s development review and building plan check process. Impacts would be less than significant. No mitigation is required. (Final EIR 3.6-24 to 3.6-25) Threshold HAZ-5 The Plan Area is located approximately 0.5-mile northeast of the Compton/Woodley Airport. The Plan Area would not be located within the airports’ noise contours.1 As such, the Plan would not expose people residing or 1 City of Compton. 2011. General Plan 2030 – Noise Element. Available at: http://www.comptoncity.org/civicax/filebank/blobdload.aspx?BlobID=24243 Impact Sciences, Inc.16Compton Station TOD Specific Plan Final EIR1335.001 August 2022 working in the Plan area to excessive airport-related noise levels. As such, impacts would be less than significant. No mitigation is required. (Final EIR 3.6-25 to 3.6-26) Threshold HAZ-6 The Specific Plan would aim to improve the vehicular, pedestrian, and bicycle access and connectivity from the Compton Station throughout the Plan Area. The Specific Plan does not include the development of structures that could potentially impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan, such as the City’s Emergency Operations Plan (EOP).2 Under the Specific Plan’s preferred alternative, Alameda Street East would be closed and converted into a greenway. However, Alameda Street East between Rosecrans Avenue and Compton Boulevard is currently a lightly-traveled street with traffic volumes of less than 30 percent of capacity. The roadway has 16 foot wide travel lanes, with only a few properties drawing access from Alameda Street East. Furthermore, Alameda Street West, currently provides northbound and southbound travel, with multiple lanes in each direction. As such, Alameda Street West would remain as an emergency access route. Impacts would be less than significant. No mitigation is required. (Final EIR3.6-26 to 3.6-27) Threshold HAZ-7 The Project would not expose people or structures to risk of wildfire. Wildfire hazard areas are commonly identified in regions of the wildland/urban interface. However, the Plan area is an entirely built-out urban community that is characterized (and surrounded) by a mix of residential, commercial, and industrial areas, and does not interface with any wildlands or an area classified as a Fire Hazard zone as identified by the California Department of Forestry and Fire Protection (CAL FIRE).3Therefore, impacts related to exposure of people to wildland fires would not occur. No mitigation is required. (Final EIR 3.6-28) HydrologyThreshold HYD-1 The Project could degrade surface or groundwater quality. Intensification of land uses that will occur due to implementation of the proposed Plan could introduce new or additional pollutants to an existing area. Implementation of site-specific source control and treatment control BMPs in accordance with the County’s 2 City of Compton. 2011. General Plan 2030 – Public Safety Element. Available at: http://www.comptoncity.org/civicax/filebank/blobdload.aspx?BlobID=24243 3 California Department of Forestry and Fire Prevention (CAL FIRE). Fire Hazard Severity Zone Viewer. Available at: https://egis.fire.ca.gov/FHSZ/, accessed February 4, 2022.
Impact Sciences, Inc.17Compton Station TOD Specific Plan Final EIR1335.001 August 2022 SUSMP standards would remove potential pollutants from runoff and would not contribute additional pollutant loads into receiving waters. Applicable BMPs would be implemented on a project by-project basis in accordance with County of Los Angeles NPDES MS4 Permit and associated SUSMP requirements, as required per Order R4-2012-0175. With implementation of these RWQCB, County, and City requirements, the development projects that would be implemented pursuant to the proposed TOD Plan would not result in adverse impacts to water quality through violation of water quality standards or waste discharge requirements, and impacts would be less than significant. No mitigation is required. (Final EIR 3.7-27 to 3.7-29) Threshold HYD-2 Infill and redevelopment that would occur with implementation of the Specific Plan would result in population growth; thereby increasing demand on water supplies. The Central Basin underlies the project area; however, the majority of the project area is developed and impervious, and thus does not have much groundwater recharge potential. The Specific Plan development would not substantially increase the amount of impervious surfaces in the project area. The Specific Plan includes design guidelines which includes encouraging sustainability features such as green roofs to improve stormwater collection within the Plan Area. The Specific Plan also includes the Alameda East Greenway Corridor, which would replace Alameda Street East with a pedestrian and bicycle greenway, reducing some of the impervious surface and allowing for improved infiltration. The Central Basin is recharged mainly by stormwater, imported water, and reclaimed water along the upper reaches of the San Gabriel River and the Rio Hondo via the San Gabriel River Water Conservation System, which is located several miles away from the Specific Plan area. Impacts to groundwater would be less than significant. No mitigation is required. (Final EIR 3.7-30 to 3.7-31) Threshold HYD-3 The Project has the potential to affect drainage patterns. Project-specific BMPs would minimize or avoid potential adverse effects associated with drainage pattern alterations, including those associated with infiltration, erosion, and potential for flooding. Project-specific SUSMPs would include conditions that consist of LID structural and non-structural BMP, source control BMP, and structural and non-structural BMP for specific types of uses. LID controls reduce the amount of impervious area of a completed project site and promote the use of infiltration and other controls that reduce runoff. Growth and urbanization in the specific plan area would place increased pressure on existing storm drain Impact Sciences, Inc.18Compton Station TOD Specific Plan Final EIR1335.001 August 2022 capacities. Storm water runoff is influenced by rainfall intensity, ground surface permeability, watershed size and shape, and physical barriers. The introduction of impermeable surfaces greatly reduces natural infiltration, allowing for a greater volume of runoff. Under the proposed Specific Plan, the majority of the Plan Area would remain impervious (similar to existing conditions) due to the presence of parking areas, walkways, hardscape, and building roofs and roadways. The proposed development may include landscaped areas, introducing opportunities for infiltration of stormwater runoff and roof discharges, thereby minimizing potential impacts associated with stormwater runoff exiting the area, and potentially improving conditions associated with current conditions. For these reasons, potential impacts to drainage pattern alterations, including how drainage pattern alterations could affect surface water runoff, erosion/siltation, flooding, and stormwater conveyance facilities, would be less than significant. No mitigation is required. (Final EIR 3.7-31 to 3.7-34) Threshold HYD-4 The Plan Area is located approximately 12 miles east of the Pacific Ocean. Due to the distance and elevations, the potential for a tsunami affecting the Plan Area is unlikely. Therefore, development that could be facilitated by the proposed Specific Plan would not be located in a flood hazard, tsunami, or seiche zones that could risk release of pollutants due to project inundation. There would be no impact associated with the proposed Specific Plan. (Final EIR 3.7-35) Land Use and PlanningThreshold LAN-1 Existing established communities in the Plan area include the low-density residential areas in the west, northwest, east, and northeast of the Plan area; the high-density residential in the south of the Plan area; the public institutional areas throughout the Plan area; the general commercial areas to the east of the Metro A Line; and the mixed-use areas along Compton Blvd, Rosecrans Ave, and Willowbrook. The Metro A Line currently divides the Plan Area in half, and the Alameda Corridor creates another dividing boundary to the east of the Metro A Line. The Specific Plan does not propose any new highways, airports, railways, or other physical features that would physically divide an established community in the Plan area. The proposed Specific Plan would provide for additional residential and related commercial and employment development and improved connectivity within the existing community and transit network and would not result in the division of an established community. Conversely, the Plan would Impact Sciences, Inc.19Compton Station TOD Specific Plan Final EIR1335.001 August 2022 establish a more integrated network of community land uses and mobility. Thus, impacts related to physical division of an established community would not occur. No mitigation is required. (Final EIR 3.8-23 to 3.8-25) Threshold LAN-2 Table 3.8-1 demonstrates the Specific Plan’s consistency with relevant Connect SoCal’s goals and policies, whereas Table 3.8-2 discusses the Plan’s consistency with relevant policies from the City of Compton’s General Plan’s Land Use Element, Housing Element, and Conservation/Open Space/Parks and Recreation Element. Development under the Specific Plan and its elements would be consistent with the City of Compton General Plan and Connect SoCal’s goals and policies. Impacts would be less than significant. No mitigation is required. (Final EIR 3.8-25 to 3.8-31) Noise Threshold NOI-1 Operational Noise. The Project could generate noise in excess of established standards. Operation of the Specific Plan would generate on-site noise from HVAC equipment, delivery trucks, trash hauling trucks, and typical noise associated with mixed-use urban environments. Noise from HVAC equipment serving new development in the Plan Area would typically generate noise in the range of 60 to 70 dB(A) Leq at a reference distance of 15 feet from the source.4 As shown in Table 3.9-2, ambient noise levels in the Plan Area were measured between 56.1 and 74.9 dB(A) Leq. Based on estimated noise levels between 50 to 60 dB(A) Leq at 50 feet for HVAC equipment, noise levels from such equipment in the Plan Area would not exceed ambient noise levels by more than 5 dBA, as regulated per Section 7-12.11 of the CMC. Other operational noise sources associated with on-site vehicle circulation, including delivery trucks and trash-hauling trucks. The average noise level for a single idling truck is generally 70 dB(A) at a distance of 25 feet.5 Noise associated with future residential and open space development under the Specific Plan would generally consist of conversations, music, and light recreation Operational noise impacts associated 4 Illingworth & Rodkin. Environmental Noise Assessment for Wal-Mart Expansion, Williamson Ranch Plaza – Antioch, California. Available at: https://www.antiochca.gov/fc/community-development/planning/Walmart/DEIR-VOLII-APPENDICES-C-H/Appendix%20G%20Noise%20Assessment.pdf 5 City of San Jose. 2014. Loading Dock Noise Study, prepared by Charles M. Salter Associates, Inc. Available at: https://www.sanjoseca.gov/home/showdocument?id=20339 Impact Sciences, Inc.20Compton Station TOD Specific Plan Final EIR1335.001 August 2022 with residential, open space, and cultural uses in the Plan Area would be less than significant. No mitigation is required. (Final EIR 3.9-25 to 3.9-26) Threshold NOI-3 The Project could expose people residing near an airstrip to excess noise levels. The Plan Area is not in the vicinity of a private airstrip or airport land use plan. The nearest boundary of the Plan Area is approximately 0.5 mile northeast of the Compton/Woodley Airport. Compton/Woodley Airport does not include facilities for commercial aviation, rather this airport is used for general aviation (i.e., private transport and recreational flying). The Compton/Woodley Airport does not have an adopted airport land use plan; however, the airport is part of the Los Angeles County ALUP. The Plan Area would not be located within the airports’ noise contours.6 As such, the Specific Plan would not expose people residing or working in the Plan Area to excessive airport-related noise levels and this impact would be less than significant. No mitigation is required. (Final EIR 3.9-29) Population and Housing Threshold POP-1 The Project could induce unplanned population growth. Implementation of the Plan would result in a pattern of land use that directs future growth in an already urbanized area where growth can be supported by existing transportation infrastructure and where different types of land uses can be intermingled to reduce the length and incidence of vehicle trips, in line with state mandates to achieve sustainability targets. While the Specific Plan would create a substantial amount of population growth, the Plan would be consistent with the applicable goals and polices of the Housing Element, which aim to provide a variety of types and an adequate supply of housing to meet the existing and future needs of City residents. In addition, the Specific Plan would accommodate the RHNA by permitting multi-family projects in mixed-use commercial- and residential-buildings. Implementation of the Specific Plan would help the SCAG region and City achieve its goals relating to growth, housing, and employment as the project would encourage sustainable development and transit-oriented design. The Plan is also in line with State policies for housing, economic development, air quality, and sustainability, as well as other adopted housing growth policies. Lastly, the population, housing and employment growth under the Specific Plan would be in line with the goals and policies of the City’s Housing Element, as described above. 6 City of Compton. 2011. General Plan 2030 – Noise Element. Available at: http://www.comptoncity.org/civicax/filebank/blobdload.aspx?BlobID=24243 Impact Sciences, Inc.21Compton Station TOD Specific Plan Final EIR1335.001 August 2022 For these reasons impacts to population, housing and employment growth would be less than significant. No mitigation is required. (Final EIR 3.10-16 to 3.10-20) Threshold POP-2 The Project could displace people or housing necessitating the construction of replacement housing. A primary objective of the Specific Plan is to facilitate the addition of a variety of housing types that would be compatible with existing residential conditions in the City. the adoption of the Plan would not directly result in physical changes that would cause the displacement of a substantial number of people or housing, necessitating the construction of replacement housing elsewhere. No specific residential units, affordable or market rate, are proposed to be demolished or removed through other means as part of the Plan. The Plan may cause a temporary reduction in housing stock as new buildings are built in place of older ones or as existing buildings are renovated. Indirect displacement is occurring in the City due to market forces and indirect displacement would not be solely caused by implementation of the Proposed Plan. Therefore, it is not expected that the Plan would displace substantial number of people necessitating the construction of replacement housing elsewhere. Additionally, any impact resulting from displacement if it occurs would be speculative. This impact is less than significant. No mitigation is required. (Final EIR 3.10-20 to 3.10-22) Public Services and RecreationThreshold PS-1 The Project could result in the need for construction of new fire facilities. Development accommodated by the proposed Specific Plan would increase the City’s population and, therefore, increase demand for fire protection services. The ability of emergency medical service (EMS) and fire protection services to respond to calls in a timely manner depends primarily on the distance of the station to the incident and the speed at which the emergency vehicles are able navigate intervening roadways. While growth anticipated under the Specific Plan would result in higher overall traffic volumes in the Plan area, this would not impede emergency response, since California State law requires that drivers yield the right-of-way to emergency vehicles and remain stopped until the emergency vehicles have passed. For CEQA purposes, the determination of impacts is not based on response times themselves, but response times can be one indication of a need for new facilities Impact Sciences, Inc.22Compton Station TOD Specific Plan Final EIR1335.001 August 2022 that should be considered by the City. If new facilities are needed, the primary concern is if the construction of those facilities would have a significant effect on the environment. Based on the urban location and the relatively small size of typical facilities, the construction of a new fire facility or expansion of an existing facility would likely qualify for an infill exemption or result in less–than-significant impacts with standard compliance measures and design features. To the extent that any significant impacts could result from the unique characteristics of a specific site, those impacts would be speculative at this time. Therefore, impacts related to the need for new or expanded fire facilities would be less than significant. No mitigation is required. (Final EIR 3.11-9 to 3.11-13) Threshold PS-2 The Project could result in the need for construction of new police facilities. There are no planned police facilities to be constructed in the Plan area at this time. However, the potential for construction or expansion of police facilities over the plan horizon may be possible. Such facilities would more likely be small neighborhood facilities and could be accommodated in existing buildings or small new structures. New facilities would be required to comply with applicable federal, State, and local regulations and policies discussed in this EIR, such as NPDES permit requirements, the City’s Noise Ordinance, and the California Building Code, including CALGreen requirements. Construction of such development would likely not result in new significant impacts and would likely qualify for infill exemptions. To the extent there are site specific conditions that would result in impacts, such impacts would be speculative at this time. To the extent construction would result in any impacts those would not be different from other infill development analyzed throughout the EIR. Therefore, impacts related to the need for new or expanded police protection facilities would be less than significant. No mitigation is required. (Final EIR 3.11-19 to 3.11-22) Threshold PS-3 The Project could increase the need for new or expanded school facilities. The Plan would result in a net increase of 2,178 residential units, or approximately 9,236 persons, by 2040 which has the potential to increase enrollment at schools that serve the area. It is reasonable to assume that a portion of the 9,236 residents would include school aged children. All schools within CUSD are operating well below design capacity. Additionally, buildout of the Specific Plan would occur over a 20-year period, thus the projected student growth would be gradual. Further, development of individual projects under the Specific Plan would be subject to California Government Code Section 65995, which would allow CUSD to collect Impact Sciences, Inc.23Compton Station TOD Specific Plan Final EIR1335.001 August 2022 impact fees from developers of new residential and commercial space. Conformance to California Government Code Section 65995 is deemed to provide full and complete mitigation of impacts to school facilities. Therefore, the Plan would result in a less than significant impact to public schools. No mitigation is required. (Final EIR 3.11-31 to 3.11-32) Threshold PS-4 The Project could result in the need for new or expanded library facilities. The need for public library services is generally calculated based on permanent population in a given area. The City of Compton has one library to serve its current population of 95,740 people, and the proposed Specific Plan would result in an increase of approximately 9,236 people over its lifetime to 2040. The Specific Plan does contain a vision for a new library/cultural center/museum with a hotel serving as an attraction for local, regional, national, and/or international tourism and a marked gateway to the Compton Walk. Due to the proposed uses available to the public, the Specific Plan would not create substantial capacity or service level problems that would require the provision of new or expanded public facilities in order to maintain an acceptable level of service for libraries and other public facilities. Therefore, the Specific Plan would result in a less than significant impact on other public facilities. No mitigation is required. (Final EIR 3.11-37 to 3.11-38) Threshold REC-1 The Project could increase the need for recreational facilities. project applicants/developers would be required to dedicate three acres per 1,000 residents. Moreover, while no specific projects are being proposed at this time, the Specific Plan has identified a future possibility of turning open space into parkland. Chapter 7.7 of the Specific Plan identifies capital projects, funding sources, and jurisdictional levels of responsibility. Project number 7 calls for the conversion of open space to neighborhood park through park fees and financing districts with jurisdictional responsibility through the City, County and State. This provision allows the possibility of such conversion to assist the City in its park deficiency through implementation of the Specific Plan. Although the City has identified there is a deficit of parkland within the City, the project includes provisions for public open space that would help to relieve the burden on existing parks. Further, as new development is proposed, project applicants/developers would be required to pay fees or dedicate parkland to satisfy their obligation to the City. Therefore, the future development projects would not create capacity or service level problems or result in substantial physical impacts associated with the Impact Sciences, Inc.24Compton Station TOD Specific Plan Final EIR1335.001 August 2022 provision or new or altered parks facilities. Impacts would be less than significant. No mitigation is required. (Final EIR 3.11-48 to 3.11-50) Threshold REC-2 Construction and operation of additional park and recreation facilities could impact aesthetics (including night lighting), air quality, cultural resources, geology, land use, noise, transportation, utilities, and other environmental issues. The environmental effects that could result from the construction of the proposed recreational facilities (including impacts to adjacent properties and exposure of sensitive receptors to pollutant concentrations) would be reduced to less than significant levels through construction-related mitigation measures identified throughout this EIR in Section 3.2 Air Quality and Section 3.9 Noise, and measures identified in the Specific Plan. Therefore, the project would not result in adverse physical effects on the environment from construction or expansion of additional recreational facilities. No mitigation is required. (Final EIR 3.11-50 to 3.11-51) TransportationThreshold TRA-1 The Project could conflict with a program, plan, ordinance or policy addressing the circulation system. As described in Section 2.0 Project Description, the goals of the Specific Plan are to facilitate transit-oriented development in the Plan area and improve accessibility and safety. These goals align with the goals of Connect SoCal, RHNA, OurCounty 2020 Climate Action Plan, the Compton General Plan, and the City’s Bicycle Plan. Impacts would be less than significant. No mitigation is required. (Final EIR 3.12-15) Threshold TRA-2 The Project could be inconsistent with CEQA Guidelines 15064.3(b). The Specific Plan includes the Metro A Line Compton Station and the surrounding area within one half mile. Much of the Plan’s anticipated development is within approximately 3,000 feet from the station, within the Downtown Core, Civic Center and Historic Districts, and improved street connections would increase pedestrian access to the station. The anticipated development has a Floor Area Ratio (FAR) of greater than 0.75 and the provided parking will be below what is required by the County and City code. The Specific Plan is consistent with the SCAG RTP/SCS by providing infill development in a HQTA, and it increases the number of housing units in the Plan area and does not replace any lower income households. As a result, the Specific Plan is presumed to have a less than significant impact. Further, the Plan’s VMT per service population would also be more than 16.8 % below the County’s Impact Sciences, Inc.25Compton Station TOD Specific Plan Final EIR1335.001 August 2022
31.1 VMT per service population for the South County Area. No mitigation is required. (Final EIR 3.12-16 to 3.12-19) Threshold TRA-3 The Project could increase hazards due to design. These proposed improvements included in the Specific Plan will be designed to City and State engineering design standards to meet sight distance requirements, including visibility of pedestrians and bicyclists. The Specific Plan does not propose any incompatible uses that would increase hazards. As a result, the Specific Plan will have a beneficial impact on geometric design features and incompatible uses. No mitigation is required. (Final EIR 3.12-19 to 3.12-20) Threshold TRA-4 The Project could result in inadequate emergency access. The City of Compton adopted the California Fire Code which requires standards for access by fire apparatus. A fire apparatus access road is a road that provides fire apparatus access from a fire station to a facility, building or portion thereof. These standards will be applied to the Plan’s development and the Plan would not result in inadequate emergency access, resulting in a less than significant impact. No mitigation is required. (Final EIR 3.1-20 to 3.12-21) Utilities and Service Systems Threshold USS-1 The Project could result in the need for new or expanded water, wastewater or stormwater facilities. According to the City’s 2015 UWMP, the City concludes that there would be sufficient water supplies during the “worst-case” effects of a multiple dry year drought. Given that the City of Compton’s water supply is generated by the City Water Department as well as MWD, the remaining capacity of both of these water suppliers would be sufficient for implementation of the Specific Plan. As such, the Specific Plan would not require or result in the construction of new water treatment facilities or expansion of existing facilities. Impacts would be less than significant. Regarding wastewater, development under the Specific Plan is expected to generate approximately 1,028,208 gallons per day (or 1.03 MGD). However, existing development in the Plan Area currently generates an estimated 0.77 MGD of wastewater; therefore, development under the Specific Plan would generate a net total of 0.26 MGD. This amount accounts for approximately of 0.18 percent of JWPCP’s remaining treatment capacity of 143 million gallons per day. Flow projections of the Joint Outfall System through the year 2050 determined that the Impact Sciences, Inc.26Compton Station TOD Specific Plan Final EIR1335.001 August 2022 capacity of the JWPCP would remain at 400 MGD average flow in the year 2050 with upstream Water Reclamation Plant expansions. The existing wastewater treatment capacity are therefore anticipated to be sufficient to accommodate projected development. Impacts would be less than significant. No mitigation measures are required. The Plan area is well served by electric, natural gas and telecommunications facilities. All of which have sufficient capacity to serve the Plan area. Impacts would be less than significant. No mitigation is required. (Final EIR 3.13-15 to 3.13-19) Threshold USS-2 The Project would have sufficient water supplies available. As shown under Table 3.13-1, Compton Water Utility Division Water Demand and Supply, during a single dry year under the worst-case scenario, the City would need to utilize water supplies from the Central Basin Municipal Water District and MWD, which can provide additional surplus supplies to meet demands. Furthermore, the 2015 UWMP outlines a Water Shortage Contingency Plan which would reduce demand and prevent the need for the use of additional surplus. Similar measures would also be taken during the event of a worst-case multiple dry year scenario. As such, the City’s 2015 UWMP concludes that there would be sufficient water supplies during the “worst-case” effects of a single and multiple dry year drought. Given that the City of Compton’s water supply is generated by the City Water Department as well as MWD, the remaining capacity of both of these water suppliers would be sufficient for implementation of the Specific Plan and impacts would be less than significant. No mitigation is required. (Final EIR 3.13-19) Threshold USS-3 The JWPCP provides both primary and secondary treatment for approximately 260 million gallons of wastewater per day (MGD) and has a total permitted capacity of 400 MGD. The existing wastewater treatment capacity are therefore anticipated to be sufficient to accommodate projected development. With adherence to applicable regulations and General Plan policies, implementation of the Specific Plan would have adequate wastewater conveyance systems and impacts would be less than significant. No mitigation is required. (Final EIR3.13-20) Threshold USS-4 The Project could generate solid waste in excess of standards. the Specific Plan would generate a net increase of 19.43 cubic yards per day, or about 7,092 cubic Impact Sciences, Inc.27Compton Station TOD Specific Plan Final EIR1335.001 August 2022 yards per year upon buildout of the Specific Plan. This would account for less than 0.01 percent of the remaining capacity at the Sunshine Canyon Landfill. Assuming full buildout under the Specific Plan, after 5, 10, and 20 years, the Specific Plan would have a solid waste generation of 35,460 cubic yards, 70,920 cubic yards, and 141,840 cubic yards, respectively. This would account for approximately 0.05 percent, 0.09 percent, and 0.18 percent of the Sunshine Canyon Landfill’s remaining capacity of 77,900,000 cubic yards. Therefore, solid waste generated under the proposed Specific Plan would not exceed available capacity. Impacts would be less than significant. No mitigation is required. (Final EIR 3.13-20 to 3.13-21) Threshold USS-5 The Project could conflict with waste management goals. The City is required by AB 939 to divert 75 percent of solid waste from landfills projects developed under the Specific Plan would be required to demonstrate compliance with all applicable regulations including AB 939. The Specific Plan would not interfere with any federal, state, or local management and reduction statutes and regulations related to solid waste. Impacts would be less than significant. No mitigation is required. (Final EIR 3.13-22) E.3 Findings Regarding Impacts Analyzed in the EIR and Determined to be Significant but Mitigated to Less than SignificantThis section includes findings for project impacts which are potentially significant, but which are mitigated to a less than significant level with the imposition of mitigation measures. The City Council finds that all potentially significant impacts of this project listed below can and will be substantially lessened or avoided by imposition of mitigation measures. Specific findings of the City Council for each impact are set forth below in this section.The City hereby finds that the following potential environmental impacts can and will be mitigated to below a level of significance, with implementation of the mitigation measures recommended in the EIR.Cultural, Tribal Cultural and Paleontological Resources Threshold CUL-1 Cause a substantial adverse change in the significance of historical resource pursuant to Section 15064.5 Significance Before Mitigation: Potentially significant Impact Sciences, Inc.28Compton Station TOD Specific Plan Final EIR1335.001 August 2022 Mitigation Measure MM CUL-1 Historical Built Environment Studies. Prior to the issuance of any demolition or development permits submitted by project applicants, the applicant shall prepare an inventory of the buildings located onsite within the identified project site. The inventory shall provide the age of the buildings, the status of historic significance, and the dates required for evaluation as applications are submitted. The City Planning Department will be responsible for determining the age and significance of such effected buildings prior to the issuance of any development permits. Prior to the issuance of any permits associated with the individual projects within the Specific Pan area that involves the demolition or alteration of buildings or structures greater than 45 years old, the project applicant shall retain a historian or architectural historian who meets or exceeds the Secretary of Interior’s Professional Qualifications Standards to document and evaluate the historical significance of the affected buildings or structures. If such documentation and evaluation indicate that the building or structure qualifies as a significant historical resource, the resource shall be avoided and preserved in place if feasible. If avoidance or preservation is not feasible, a Historical Resources Treatment Plan shall be prepared and implemented requiring further documentation or action to reduce impacts on historical resources. These actions may include but are not limited to archival quality photographs, measured drawings, oral histories, interpretive signage, and/or other measures including, potentially, alteration of the resource in accordance with Secretary of the Interior’s Standards or relocation of the resource. As defined in the California Code of Regulations (CCR) Title 4(3) Section 15126.4 (b)(2), in some circumstances, documentation of a historical resource, by way of historic narrative, photographs or architectural drawings, as mitigation for the effects of demolition of the resource will not mitigate the effects to point where clearly no significant effect on the environment would occur. In these cases, the Historical Resources Treatment Plan shall also evaluate the feasibility of retaining significant buildings or structures in their original locations and rehabilitating them according to the Secretary of the Interior’s Standards and Guidelines for Rehabilitating Historic Buildings. Finding The City Council find that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR.
Impact Sciences, Inc.29Compton Station TOD Specific Plan Final EIR1335.001 August 2022 Supporting Explanation: Development under the proposed Specific Plan would likely involve demolition and construction activities associated with buildout. Thus, significant historical resources could be adversely impacted by future development plans that could require demolition or significant alteration of historic-age buildings and structures, especially in the TOD Core Area where the most extensive changes to land use would occur; impacts to historical resources under the Specific Plan therefore have the potential to be significant.To ensure that development within the Specific Plan area does not have a detrimental effect on historical resources, each project would be assessed as it is proposed, to determine the age of the properties proposed to be impacted by project implementation. Mitigation Measure CUL-1would reduce impacts on historical resources to the extent feasible, because historical resources would be evaluated under each project application. (Final EIR 3.3-17 to 3.3-19) Threshold CUL-2 Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5. Significance Before Mitigation: Potentially significantMitigation Measure MM CUL-2 Archaeological Resource Studies. Prior to any approval by the City for projects that involve any demolition, grading, trenching, or other ground disturbance, a Phase 1 Cultural Resources Study conducted by a qualified archaeologist meeting the Secretary of the Interior standards in archaeology shall be required. A Phase 1 study shall include a pedestrian survey of the project site to identify potential surficial archaeological resources and sufficient background archival research and field sampling to determine whether subsurface prehistoric or historic remains may be present. If the project site is completely paved and/or developed, a pedestrian survey may not be required. Archival research should include, at minimum, a records search conducted at the South Central Coast Information Center (SCCIC) and a Sacred Lands File (SLF) search conducted with the NAHC. Any cultural resources identified shall be avoided and preserved in place if feasible. Where preservation is not feasible, each resource shall be subject to a Phase 2 evaluation for significance and eligibility for listing in the CRHR. Phase 2 evaluation shall include any necessary archival research to identify significant historical associations as well as mapping of surface artifacts, collection of functionally or temporally diagnostic tools and debris, and excavation of a sample of the cultural deposit to characterize the nature of the sites, define the artifact and feature contents, determine horizontal boundaries and depth below surface, and retrieve representative samples of artifacts and other remains.
Impact Sciences, Inc.30Compton Station TOD Specific Plan Final EIR1335.001 August 2022 Cultural materials collected from the sites shall be processed and analyzed in the laboratory according to standard archaeological procedures. The age of archaeological resources shall be determined using radiocarbon dating or other appropriate procedures; lithic artifacts, faunal remains, and other cultural materials shall be identified and analyzed according to current professional standards. The significance of the sites shall be evaluated according to the criteria of the CRHR. The results of the investigations shall be presented in a technical report following the standards of the California Office of Historic Preservation publication “Archaeological Resource Management Reports: Recommended Content and Format (1990 or latest edition)”. Upon completion of the work, all artifacts, other cultural remains, records, photographs, and other documentation shall be curated at an appropriate curation facility. All fieldwork, analysis, report production, and curation shall be fully funded by the applicant. If any of the resources meet CRHR significance standards, the City shall ensure that all feasible recommendations for mitigation of impacts are incorporated into the final design and any permits issued for development. Any necessary archaeological data recovery excavation shall be carried out by a Registered Professional Archaeologist according to a research design reviewed and approved by the City prepared in advance of fieldwork and using appropriate archaeological field and laboratory methods consistent with the California Office of Historic Preservation Planning Bulletin 5 (1991), Guidelines for Archaeological Research Design, or the latest edition thereof. As applicable, the final Phase 1 Inventory, Phase 2 Testing and Evaluation, Phase 3 Data Recovery reports shall be submitted to the City prior to final inspection of a construction permit. Recommendations contained therein shall be implemented throughout all ground disturbance activities including, at minimum, requirements to follow for unanticipated archaeological discoveries during construction. Finding The City Council find that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR.Supporting Explanation: Effects to archaeological resources are only known once a specific project has been proposed because they are highly dependent on both the individual project site conditions and the characteristics of the proposed ground-disturbing activity. Ground-disturbing activities in those portions of the Specific Plan Area that have not been subject to an archaeological Impact Sciences, Inc.31Compton Station TOD Specific Plan Final EIR1335.001 August 2022 investigation or where excavation depths exceed those previously attained have the potential to damage or destroy previously unknown prehistoric or historic period archaeological resources. Consequently, damage to or destruction of previously unknown archaeological resources could occur as a result of development under the proposed Specific Plan. The Specific Plan does not include any implementation programs or policies designed to reduce impacts to archaeological resources. In order to ensure that development in the Specific Plan Area does not have a detrimental effect on archaeological resources, each individual development project would need to be assessed as it is proposed. Without mitigation, impacts would be potentially significant. Mitigation Measure CUL-2 requires an archaeological resources study and the identification of project-specific mitigation for future projects facilitated by the SpecificPlan and would reduce impacts to archaeological resources on a on a project-by-project basis by requiring identification and treatment of archaeological resources. (Final EIR 3.3-19 to 3.3-20) Threshold CUL-3 Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i) Listed or eligible for listing in the California Register of Historical Resources, or in the local register of historical resources as defined in Public Resources Code Section 5020.1(k), or ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Significance Before Mitigation: Potentially significantMitigation Measure MM CUL-3 Unanticipated Discovery of Tribal Cultural Resources. In the event that a cultural resource of Native American origin is identified in the Plan Area during the implementation of MM CUL-2 or during any project-related ground disturbance, the City of Compton, as Lead Agency, shall consult with local Native American tribes who have requested notification of projects under Assembly Bill 52 (AB 52). If the City, in consultation with the local Native American tribe(s), determines that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared Impact Sciences, Inc.32Compton Station TOD Specific Plan Final EIR1335.001 August 2022 and implemented in accordance with state guidelines and in consultation with representatives of the Native American tribe(s). The mitigation plan may include but would not be limited to avoidance, capping in place, excavation and removal of the resource, interpretive displays, sensitive area signage, or other mutually agreed upon measures. Finding The City Council find that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR.Supporting Explanation:The City sent SB 18 and AB 52 notice letters on September 27, 2021, to the following Native American groups: the Gabrieleño Band of Mission Indians –Kizh Nation, the Gabrieleño/Tongva San Gabriel Band of Mission Indians, the Gabrielino/Tongva Nation, Gabrielino Tongva Indians of California Tribal Council, the Gabrielino-Tongva Tribe, the Santa Rosa Band of Cahuilla Indians, and the Soboba Band of Lusseno Indians, (Refer to Appendix 3.3). Under AB 52, tribes have 30 days to respond, and under SB 18 tribes have 90 days. As of the date of the publication of this Draft EIR, no responses have been received. Development accommodated under the Specific Plan may involve ground disturbance which has the potential to impact previously unidentified tribal cultural resources (TCRs). As of the date of this draft, AB 52 consultation has not identified any specific TCRs in the Specific Plan Area. However, new TCRs may be identified or established over the course of the phased implementation of the Specific Plan, which is expected to occur over the course of several years. If unknown TCRs are encountered during construction activities, there is a potential to result the destruction, damage, or loss of the TCRs. The ground-disturbing construction activities that could result in such adverse impacts include demolition, grading, excavation, drilling, or any other activity that disturbs surface or subsurface deposits associated with TCRs. Given the potential to damage these unknown tribal cultural resources, impacts are considered significant without mitigation. (Final EIR, pp. 3.3-22 to 3.3-23)Threshold CUL-4 Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature Significance Before Mitigation:Potentially significantMitigation Measure MM CUL-4 Unanticipated Discovery of Paleontological Resources. In the event that paleontological resources are unearthed during ground-disturbing activities, the City of Compton Department of Building and Safety will be notified immediately, and all work will cease in the area of the find until a qualified paleontologist evaluates the find. Construction activity may continue unimpeded on other portions of the Project site. The paleontologist Impact Sciences, Inc.33Compton Station TOD Specific Plan Final EIR1335.001 August 2022 shall determine the location, the time frame, and the extent to which any monitoring of earthmoving activities shall be required. The found deposits would be treated in accordance with federal, State, and local guidelines, including those set forth in California PRC § 21083.2. Finding The City Council find that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR.Supporting Explanation: The Specific Plan area is located in a highly urbanized area, which been previously disturbed by past development activities and contains an existing buildings, roadways, associated parking and other infrastructure. Further, the soil type underlying the Specific Plan area is deemed to have a low potential for yielding significant fossils. However, build out of the SpecificPlan could involve grading and excavation to greater depths than previously undertaken. These activities could disturb unknown paleontological resources buried in site soils. In the event of an unexpected disturbance of such resources, significant impacts to paleontological resources could occur. In the event of an unexpected discovery, significant impacts to paleontological resources could occur. Implementation of MM-CUL-4would mitigate any potential significant impacts. (Final EIR, pp. 3.3-23 to 3.3-24)E.4 Findings Regarding Impacts Analyzed in the EIR and Determined to be Significant and Unavoidable This section includes findings for project impacts which are determined to be significant even with the imposition of mitigation measures. These impacts cannot be mitigated to a less than significant level and therefore remain unavoidable. Although the City Council finds that all significant impacts of this project listed below cannot be substantially lessened or avoided by the imposition of mitigation measures or alternatives, the mitigation measures found in the EIR and listed below will be implemented to lessen the Project’s impact. Specific findings of this City Council for each impact are set forth below in this section.Air QualityThreshold AQ-2 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. Significance Before Mitigation:Potentially Significant Mitigation Measure AQ-1 During case-by-case review of individual projects, the City shall consider the application of the following strategies to reduce mobile source emissions to the maximum extent feasible:
Impact Sciences, Inc.34Compton Station TOD Specific Plan Final EIR1335.001 August 2022 Provide preferential carpool/vanpool parking spaces for office uses.Provide for shuttle/mini bus services for hotel uses Provide bicycle storage/parking facilities and shower/locker facilities. Provide onsite child-care centers. Provide transit design features within development. Develop park-and-ride lots. Employ a transportation/rideshare coordinator at commercial uses. Implement a rideshare program. Provide incentives for employees to rideshare or take public transportation. Provide bicycle paths that link to an external network. Provide pedestrian facilities. Integrate affordable and below market rate housing. Provide electric vehicle charging Reduce parking supply. Implement subsidized or discounted transit program. Implement bike-sharing program. Findings Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR.Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or Project alternatives identified in the Final EIR.Supporting Explanation:Regional Emissions associated would be comprised of mobile source emissions, emissions associated with energy consumption, and area source emissions. The operational emissions associated with buildout of the Specific Plan by 2040 are shown in Table 3.2-9, Estimated Operational Emissions. As shown, Specific Plan operations would exceed SCAQMD regional thresholds of significance for ROG, NOx, and CO. These emissions are primarily associated with mobile sources from motor vehicle trips and area sources from residential consumer products. As this programmatic analysis projects future emissions under the 2040 horizon year buildout for the Specific Plan Area as whole, exceedance of these SCAQMD project-level thresholds is anticipated. No specific development projects are proposed at this time and the actual level of future development in the Plan Area and associated emissions may be lower Impact Sciences, Inc.35Compton Station TOD Specific Plan Final EIR1335.001 August 2022 than shown herein. It should also be noted that each individual project considered under Specific Plan buildout would be substantially smaller in size compared to the assumptions under full Specific Plan buildout, and individual projects would likely not exceed regional operational project-level thresholds. For example, many of the potential future development projects described in the Project Description would be small residential or mixed-use projects with less than 80 units, and these projects would not have the potential to exceed regional operational thresholds of significance. Nevertheless, as Specific Plan operational emissions would exceed SCAQMD regional operational thresholds, this is impact is considered significant and unavoidable.Noise Threshold NOI-1 Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies Significance Before Mitigation:Potentially SignificantMitigation Measure NOI-1 During case-by-case review of individual projects, the City shall consider the application of the following strategies to reduce construction noise levels to the maximum extent feasible: Mufflers. Construction equipment shall be properly maintained and all internal combustion engine driven machinery with intake and exhaust mufflers and engine shrouds, as applicable, shall be in good condition and appropriate for the equipment. During construction, all equipment, fixed or mobile, shall be operated with closed engine doors and shall be equipped with properly operating and maintained mufflers, consistent with manufacturers’ standards. Electrical Power. Electrical power, rather than diesel equipment, shall be used to run compressors and similar power tools and to power any temporary structures, such as construction trailers or caretaker facilities. Equipment Staging. All stationary equipment shall be staged as far away from the adjacent sensitive receptors as feasible. Equipment Idling. Construction vehicles and equipment shall not be left idling for longer than five minutes when not in use. Workers’ Radios. All noise from workers’ radios shall be controlled to a point that they are not audible at sensitive receptors near construction activity.
Impact Sciences, Inc.36Compton Station TOD Specific Plan Final EIR1335.001 August 2022 Smart Back-up Alarms. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Alternatively, back-up alarms shall be disabled and replaced with human spotters to ensure safety when mobile construction equipment is moving in the reverse direction. Disturbance Coordinator. Project applicants shall designate a disturbance coordinator who shall be responsible for responding to any local complaints about construction noise. The noise disturbance coordinator shall determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall require that reasonable measures warranted to correct the problem be implemented. A telephone number for the disturbance coordinator shall be conspicuously posted at the construction site. NOI-2: During case-by-case review of individual projects, the City shall consider the application of the following strategy to reduce construction noise levels to the maximum extent feasible: Temporary Sound Barriers. For construction activities located directly adjacent to sensitive receivers (e.g., residences, mobile homes, open space areas, schools), temporary sound barriers shall be installed and maintained by the construction contractor between the construction site and adjacent receivers during the demolition, site preparation, grading phases, and building phases of construction. Temporary sound barriers shall consist of either sound blankets or other sound barriers/techniques such as acoustic padding or acoustic walls placed near adjacent residential buildings that have been field-tested to reduce noise by least 15 dBA. Barriers shall be placed such that the line-of-sight between noise-generating construction equipment and adjacent sensitive land uses is blocked and shall be placed as close to the source equipment, as feasible. As an alternative, applicants may prepare a Noise Study that demonstrates construction noise would not exceed ambient noise levels at nearby sensitive resources. The Noise Study shall incorporate best management practices and other noise reduction measures to reduce noise levels. Findings Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR.Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or Project alternatives identified in the Final EIR.
Impact Sciences, Inc.37Compton Station TOD Specific Plan Final EIR1335.001 August 2022 Supporting Explanation: As shown in Table 3.9-7, construction activity would generate noise levels up to an estimated 85.7 dB(A) Leq at 50 feet from a noise-sensitive receptor. As such, temporary construction noise would exceed existing ambient noise levels measured throughout the Plan Area, which were measured between 56.1 and 74.9 dB(A) Leq (see Table 3.9-2). These estimates are conservative because they assume no attenuation of noise by intervening structures and assume construction activity adjacent to sensitive receptors. Compliance with Section 7.12-22 of the CMC would restrict construction activities to the hours between 7:00 A.M. and 8:00 P.M. on weekdays and Saturday. Additionally, as individual project applications are processed, project-specific design features and mitigation measures would be considered on a case-by-case basis to reduce construction noise levels to the maximum extent feasible (see Mitigation Measure NOI-1). Nevertheless, as temporary construction noise would exceed existing ambient noise levels measured throughout the Plan Area, this is impact is considered significant and unavoidable. As shown in Table 3.9-8, the Specific Plan would increase local traffic noise levels by a maximum of 5.3 dBA CNEL along Willowbrook Avenue (east), south of Rosecrans Avenue (i.e., Plan-level increase; see ‘Cumulative Impacts’ for a discussion on cumulative noise level increases). As discussed previously, operational noise level increases would be significant if ambient noise levels increase by 3 dBA CNEL to or within the “normally incompatible” or “clearly incompatible” categories, as shown previously in Table 3.9-5, or any 5 dBA CNEL or more increase. Thus, the 5.3 dBA CNEL increase along Willowbrook Avenue (east), south of Rosecrans Avenue, would exceed the 5 dBA CNEL threshold and this impact is considered potentially significant. All other Plan-level noise increases along the studied roadway segments would not exceed 2.9 dBA CNEL, and these impacts would be less than significant. With respect to the 5.3 dBA CNEL increase along Willowbrook Avenue (east), south of Rosecrans Avenue, it should be noted this programmatic analysis estimates future potential traffic noise under the 2040 horizon year buildout for the Specific Plan Area as whole, and noise level increases along certain roadway segments is anticipated. No specific development projects are proposed at this time and the actual level of future development in the Plan Area and associated roadway noise levels may be lower than shown herein. It should also be noted that each individual project considered under Specific Plan buildout would be substantially smaller in size compared to the assumptions under full Specific Plan buildout, and individual projects would likely not exceed roadway noise thresholds. For example, many of the potential future development projects described in the Project Description would be small residential or mixed-use projects with less than 80 units, and these projects would not have the potential to exceed roadway noise thresholds. Nevertheless, as there are no feasible mitigation measures (see below) to reduce future traffic noise level increases along Willowbrook Avenue (east), this impact would be considered significant and unavoidable. There are no feasible mitigation measures to directly reduce future traffic noise levels along Willowbrook Avenue (east), south of Rosecrans Avenue. As these noise levels would occur along a public right-of-way, mitigation such as sound barriers or other attenuation techniques are not feasible given the physical setting constraints. It should be noted that because these noise level increases are due to the maximum traffic increases associated with full programmatic buildout of the Specific Plan, forecasted traffic noise levels may be conservatively overstated herein. Additionally, the Specific Plan’s Transportation Demand Management (TDM) program includes several motor vehicle trip reduction strategies that would serve to reduce traffic noise level increases to the maximum extent feasible. (Final EIR 3.9-27 to 3.9-28) Impact Sciences, Inc.38Compton Station TOD Specific Plan Final EIR1335.001 August 2022 Threshold NOI-2 Generation of excessive groundborne vibration or groundborne noise levels Significance Before Mitigation: Potentially Significant Mitigation Measure NOI-2 Prior to any grading or construction activity within 25 feet of an extremely fragile building (non-engineered timber and masonry) or potentially historical resource, applicants shall prepare a Vibration Control Plan. The Vibration Control Plan shall be prepared by a qualified structural engineer and shall include methods to minimize vibration, including but not limited to: Use of drilled piles or the use of a sonic vibratory pile driver rather than impact pile driving Use of rubber-tired equipment rather than metal-tracked equipment Avoiding the use of vibrating equipment when allowed by best engineering practices The Vibration Control Plan shall include a pre-construction survey letter establishing baseline conditions at potentially affected adjacent buildings. The survey letter shall provide a shoring design to protect the adjacent buildings from potential damage. The structural engineer may recommend alternative procedures that produce lower vibration levels, such as sonic pile driving or caisson drilling instead of impact pile driving. Development projects shall implement the structural engineer’s recommendations. A Statement of Compliance signed by the Applicant and Owner is required to be submitted to Building and Safety at plan check and prior to the issuance of any permit. The Vibration Control Plan, prepared as outlined above, shall be documented by a qualified structural engineer, and shall be provided to the City upon request. Findings Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR.Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or Project alternatives identified in the Final EIR.Supporting Explanation: Based on Table 3.9-9, construction equipment could reach levels of 87 VdB at 25 feet away. As such, the 80 VdB residential annoyance threshold and 83 VdB institutional annoyance threshold could be exceeded during a worst-case construction activity. However, it should be noted that vibration levels experienced would be temporary and intermittent. Furthermore, Section 7.12-22 of the CMC would restrict construction activities to the hours Impact Sciences, Inc.39Compton Station TOD Specific Plan Final EIR1335.001 August 2022 between 7:00 A.M. and 8:00 P.M. on weekdays and Saturday. While vibration from construction vibration could be perceptible at sensitive receivers near construction sites during daytime hours, vibration would not disturb residences during sensitive nighttime hours of sleep. Additionally, as individual project applications are processed, project-specific design features and mitigation measures would be considered on a case-by-case basis to reduce construction vibration levels to the maximum extent feasible (see Mitigation Measure NOI-1). Nevertheless, as temporary construction vibration would exceed human annoyance thresholds, this is impact is considered significant and unavoidable. E.5 Other CEQA Required Analysis in the EIR Cumulative Impact Analysis Cumulative impacts are defined in State CEQA Guidelines §15355(b) as: “The change in the environment which results from the incremental impact of the project when added to other closely related past, present, and probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time.” Air QualityThreshold AQ-2 Criteria Pollutant Emissions for which the Region is Non-Attainment (Ozone, PM10 and PM2.5). Significance Before Mitigation:Potentially Significant Mitigation Measure AQ-1 During case-by-case review of individual projects, the City shall consider the application of the following strategies to reduce mobile source emissions to the maximum extent feasible: Provide preferential carpool/vanpool parking spaces for office uses. Provide for shuttle/mini bus services for hotel uses Provide bicycle storage/parking facilities and shower/locker facilities. Provide onsite child-care centers. Provide transit design features within development. Develop park-and-ride lots. Employ a transportation/rideshare coordinator at commercial uses. Implement a rideshare program.
Impact Sciences, Inc.40Compton Station TOD Specific Plan Final EIR1335.001 August 2022 Provide incentives for employees to rideshare or take public transportation.Provide bicycle paths that link to an external network. Provide pedestrian facilities. Integrate affordable and below market rate housing. Provide electric vehicle charging Reduce parking supply. Implement subsidized or discounted transit program. Implement bike-sharing program. Findings Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR.Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or Project alternatives identified in the Final EIR.Supporting Explanation: In order to assess cumulative impacts of emissions, the SCAQMD recommends that projects be evaluated to determine whether they would be consistent with AQMP performance standards and project-specific emissions thresholds. In the case of the Specific Plan, air pollutant emissions would be considered to be cumulatively considerable if the new sources of emissions exceed SCAQMD project-specific emissions thresholds. As discussed under Impact AQ-2, operational activities could result in significant impacts related to regional emissions (ROG, NOx, and CO). The nature of a Specific Plan analysis is cumulative in itself since it evaluates the potential for numerous individual projects to occur over the horizon year. SCAQMD indicates that projects that have significant impacts at a project level must also be determined to be significant at a cumulative level. ROG and NOx emissions would exceed SCAQMD thresholds and therefore substantially contribute to cumulative long-term air quality impacts related to emission of O3 precursors and attainment of the O3 ambient air quality standards. Thus, the incremental effect of the Specific Plan related to nonattainment pollutants would be significant and unavoidable and would be cumulatively considerable. (Final EIR 3.2-32) Impact Sciences, Inc.41Compton Station TOD Specific Plan Final EIR1335.001 August 2022 Noise Threshold NOI-1 and Threshold NOI-2 Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies Generation of excessive groundborne vibration or groundborne noise levels Significance Before Mitigation: Potentially SignificantMitigation Measures NOI-1 During case-by-case review of individual projects, the City shall consider the application of the following strategies to reduce construction noise levels to the maximum extent feasible: Mufflers. Construction equipment shall be properly maintained and all internal combustion engine driven machinery with intake and exhaust mufflers and engine shrouds, as applicable, shall be in good condition and appropriate for the equipment. During construction, all equipment, fixed or mobile, shall be operated with closed engine doors and shall be equipped with properly operating and maintained mufflers, consistent with manufacturers’ standards. Electrical Power. Electrical power, rather than diesel equipment, shall be used to run compressors and similar power tools and to power any temporary structures, such as construction trailers or caretaker facilities. Equipment Staging. All stationary equipment shall be staged as far away from the adjacent sensitive receptors as feasible. Equipment Idling. Construction vehicles and equipment shall not be left idling for longer than five minutes when not in use. Workers’ Radios. All noise from workers’ radios shall be controlled to a point that they are not audible at sensitive receptors near construction activity. Smart Back-up Alarms. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Alternatively, back-up alarms shall be disabled and replaced with human Impact Sciences, Inc.42Compton Station TOD Specific Plan Final EIR1335.001 August 2022 spotters to ensure safety when mobile construction equipment is moving in the reverse direction. Disturbance Coordinator. Project applicants shall designate a disturbance coordinator who shall be responsible for responding to any local complaints about construction noise. The noise disturbance coordinator shall determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall require that reasonable measures warranted to correct the problem be implemented. A telephone number for the disturbance coordinator shall be conspicuously posted at the construction site. NOI-2: During case-by-case review of individual projects, the City shall consider the application of the following strategy to reduce construction noise levels to the maximum extent feasible: Temporary Sound Barriers. For construction activities located directly adjacent to sensitive receivers (e.g., residences, mobile homes, open space areas, schools), temporary sound barriers shall be installed and maintained by the construction contractor between the construction site and adjacent receivers during the demolition, site preparation, grading phases, and building phases of construction. Temporary sound barriers shall consist of either sound blankets or other sound barriers/techniques such as acoustic padding or acoustic walls placed near adjacent residential buildings that have been field-tested to reduce noise by least 15 dBA. Barriers shall be placed such that the line-of-sight between noise-generating construction equipment and adjacent sensitive land uses is blocked and shall be placed as close to the source equipment, as feasible. As an alternative, applicants may prepare a Noise Study that demonstrates construction noise would not exceed ambient noise levels at nearby sensitive resources. The Noise Study shall incorporate best management practices and other noise reduction measures to reduce noise levels. NOI-2 Prior to any grading or construction activity within 25 feet of an extremely fragile building (non-engineered timber and masonry) or potentially historical resource, applicants shall prepare a Vibration Control Plan. The Vibration Control Plan shall be prepared by a qualified structural engineer and shall include methods to minimize vibration, including but not limited to: Use of drilled piles or the use of a sonic vibratory pile driver rather than impact pile driving Impact Sciences, Inc.43Compton Station TOD Specific Plan Final EIR1335.001 August 2022 Use of rubber-tired equipment rather than metal-tracked equipment Avoiding the use of vibrating equipment when allowed by best engineering practices The Vibration Control Plan shall include a pre-construction survey letter establishing baseline conditions at potentially affected adjacent buildings. The survey letter shall provide a shoring design to protect the adjacent buildings from potential damage. The structural engineer may recommend alternative procedures that produce lower vibration levels, such as sonic pile driving or caisson drilling instead of impact pile driving. Development projects shall implement the structural engineer’s recommendations. A Statement of Compliance signed by the Applicant and Owner is required to be submitted to Building and Safety at plan check and prior to the issuance of any permit. The Vibration Control Plan, prepared as outlined above, shall be documented by a qualified structural engineer, and shall be provided to the City upon request. Findings Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR.Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or Project alternatives identified in the Final EIR.Supporting Explanation: The Final EIR identified cumulative noise impacts. (The Specific Plan, as well as other planned and pending projects, would be required to comply with the daytime construction hours permitted by Section 7.12-22 of the CMC. Therefore, construction noise and vibration would not disturb receptors during sensitive nighttime hours of sleep. However, larger, or more unusual projects could result in significant short-term increases in noise levels. These projects could combine together, or combine with smaller projects, to substantially increase noise levels at specific land uses. Therefore, the significant and unavoidable construction noise impacts identified for the Specific Plan could add to construction noise impacts associated with cumulative development, especially on the periphery of the Plan Area where receptors could be exposed to noise sources from within and outside the Plan Area. The impact of the Specific Plan is considered significant and unavoidable and therefore the incremental effect of the Specific Plan related to construction noise would be cumulatively considerable. For a combined vibration impact from simultaneous construction projects to reach cumulatively significant levels, intense construction from these projects would have to occur simultaneously in close proximity to a sensitive receptor. Specific Plan construction-related vibration would not result in additive vibration in combination with cumulative development in most areas of the City. However, individual development projects near the periphery of the Plan Area could potentially be constructed concurrently with other development adjacent to, but outside the Plan Area, such that intense construction from two or more projects would simultaneously occur in close proximity to existing sensitive receptors. Therefore, the significant and unavoidable construction vibration Impact Sciences, Inc.44Compton Station TOD Specific Plan Final EIR1335.001 August 2022 impacts from the Specific Plan could add to vibration impacts associated with cumulative development on the periphery of the Plan Area. The impact of the Specific Plan is considered significant and unavoidable and therefore the incremental effect of the Specific Plan on temporary vibration levels would be cumulatively considerable. As shown in Table 3.9-8, cumulative traffic noise levels would increase by a maximum of 5.6 dBA CNEL along Willowbrook Avenue (east), south of Rosecrans Avenue and 3.2 dBA CNEL along Willowbrook Avenue (east), between Compton Boulevard and Myrrh Street. As discussed previously, operational noise level increases would be significant if ambient noise levels increase by 3 dBA CNEL to or within the “normally incompatible” or “clearly incompatible” categories, as shown previously in Table 3.9-5, or any 5 dBA CNEL or more increase. Thus, the 5.6 dBA CNEL increase along Willowbrook Avenue (east), south of Rosecrans Avenue, would exceed the 5 dBA CNEL threshold and this impact is considered potentially significant. While there would be a 3.2 dBA CNEL increase along Willowbrook Avenue (east), between Compton Boulevard and Myrrh Street, the total noise level along this segment would be 60.5 dBA CNEL which is not considered “normally incompatible” or “clearly incompatible” for any sensitive land use. Thus, this cumulative noise level increase would be considered less than significant. All other cumulative noise increases along the studied roadway segments would not exceed 2.5 dBA CNEL, and these impacts would be less than significant. Nevertheless, as there are no feasible mitigation measures to reduce future traffic noise level increases along Willowbrook Avenue (east), the cumulative impact is significant and the incremental effect of the Specific Plan on exterior noise levels would be cumulatively considerable. Final EIR pp. 3.9-30 to 3.9-31) F. ALTERNATIVES TO THE PROJECTState CEQA Guidelines§15126.6(a) requires an evaluation of “a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project, but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives.” The objectives of the Project are identified in Section 2.0, Project Description, of the Draft EIR, and in Section B of these Findings. Alternatives are used to determine whether or not a variation of the Project would reduce or eliminate significant project impacts within the basic framework of the objectives. State CEQA Guidelines §15126.6(e) requires that, among other alternatives, a “no project” alternative be evaluated in comparison to the Project. State CEQA Guidelines §15126.6(e)(2) requires that the “no project” analysis “discuss the existing conditions … as well as what would be reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services.” The project alternatives evaluated in detail in the EIR were the following:No Project Alternative/ General Plan Reduced Residential Growth Ideal Urban Form Impact Sciences, Inc.45Compton Station TOD Specific Plan Final EIR1335.001 August 2022 F.1 Project Objectives and Legal RequirementsAt the time of project approval, the lead agency’s decision-making body must determine whether the alternatives are feasible or not. The lead agency must consider whether specific “economic, legal, social, technological, and other considerations ...make infeasible mitigation measures or alternatives identified in the environmental impact report.” (Pub. Res. Code, § 21081(a)(3); State CEQA Guidelines § 15091(a)(3)). Importantly, CEQA gives lead agencies the authority to approve a project notwithstanding its significant environmental impacts, if the agency determines it is not “feasible” to lessen or avoid the significant effects. (Pub. Res. Code, § 21002). If specifically identified benefits of the project outweigh the significant unavoidable environmental impacts, the adverse impacts may be considered “acceptable,” thereby allowing for lead agency approval of the project, notwithstanding such adverse impacts, provided the agency adopts a statement of overriding considerations. (Pub. Res. Code, § 21081.1(b); State CEQA Guidelines § 15093). As called for by the State CEQA Guidelines, the achievement of project objectives must be balanced by the ability of an alternative to reduce the significant impacts of the project. The objectives of the Compton Station TOD Specific Plan are as follows: An economically active and vibrant station area which attracts investment and provides quality amenities to the community. A safe and well-maintained Downtown where people enjoy public space. A built environment and programming which reflect the history, creativity and excellence of Compton. A station area which promotes public health and sustainability and provides calm and attractive networks for circulating without cars. Adequate and affordable housing that enables the residents of Compton to remain in the community for the long-term. Increased opportunities for Compton residents to create and grow local businesses. CEQA does not require adoption of an alternative that does not adequately meet most of the basic project objectives as determined by the lead agency decision makers. F.2 Findings Regarding Alternatives Considered in the EIR Alternative 1 - No Project/ General Plan AlternativeThe No Project Alternative is required by Section 15126.6(e)(2) of the State CEQA Guidelines and assumes that the Project would not be implemented. The No Project Alternative allows decision-makers to compare the impacts of approving the Project with the impacts of not approving the Project. However, “no project” does not necessarily mean that development will be prohibited. The No Project Alternative includes “what would be reasonably expected to occur in the Impact Sciences, Inc.46Compton Station TOD Specific Plan Final EIR1335.001 August 2022 foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services.”7For purposes of this Program EIR, the No Project/General Plan Alternative assumes buildout within the specific plan area would occur in accordance with the land uses included in the City’s 1990 General Plan (General Plan) and implemented by the City’s Zoning Code. The Zoning Code carries out the General Plan policies by regulating development and land uses within the City, consistent with the General Plan. Consideration of No Project AlternativeUnder The No Project Alternative the increased housing density opportunities and expanded mix of commercial, office, and hotel related land uses proposed in the Specific Plan would not be achieved. Thus, the No Project/General Plan Alternative assumes that without the Specific Plan in place to change the underlying land uses, the land uses reflected in the General Plan would be developed, resulting in less development. As demonstrated in Table 4.0-1, Alternative 1 Relationship to the Specific Plan Goals, Alternative 1 would not achieve a majority of the projectobjectives. In addition, while a limited number of project objectives would be realized under Alternative 1, it would be to a lesser extent than the project as future development would coincide with the General Plan land uses and zoning. Findings The City Council finds that while the No Project Alternative results in less significant impacts to aesthetics, air quality, greenhouse gases, noise, fire and police services, water supply, wastewater, solid waste, electricity, and natural gas impacts compared to the Project, the alternative would not meet many of the key project objectives, and is environmentally and socially undesirable, and is therefore rejected. Alternative 2 – Reduced Residential GrowthThe Reduced Residential Growth Alternative (Alternative 2) assumes that the Specific Plan would be adopted, with 978 multi-family units as opposed to 2,178 multi-family units in the proposed project. This reduction in the number of multi-family units assumes the two shopping center sites Renaissance Center and Town Center are not redeveloped with residential uses. Additional non-residential growth, as well as landscaping and transportation improvements associated with the Specific Plan would be implemented as proposed. Consideration of Reduced Residential Growth Impacts to air quality, noise and cultural resources would be reduced under Alternative 2 as the total number of units developed would decrease. While many of the impacts associated population growth such as utilities and public services would also be incrementally reduced compared to the project, these population related impacts would still be expected to occur elsewhere in the City and could result in growth that is not near transit which would generate greater VMT impacts. Alternative 2 would also result in greater GHG impacts and VMT impacts as necessary the reduced residential housing would not maximize transit use. 7 CEQA § 15126.6[e][2] Impact Sciences, Inc.47Compton Station TOD Specific Plan Final EIR1335.001 August 2022 Development and streetscape improvements implemented under Alternative 2 would be centered around the Metro A Line Compton Station. However, it would not promote the same amount of density and investment, nor would it revitalize the two opportunity sites – the Renaissance and Towne Center. Further, Alternative 2 would result in the reduction of the number of multi-family units (2,178 to 978). As fewer units would be developed, affordability will likely decrease. While Alternative 2 would incrementally reduce the air quality and noise impacts associated with the Project, this alternative would not achieve the following project objectives: An economically active and vibrant station area which attracts investment and provides quality amenities to the community. Adequate and affordable housing that enables the residents of Compton to remain in the community for the long-term. Findings The City Council finds that while the Reduced Residential Growth Alternative results in incrementally less significant impacts to air quality and noise, impacts to GHGs and VMT would be greater. In addition, Alternative 2 would not achieve the City’s desire an economically active and vibrant station as the investment in the community would be reduced under this alternative. Thus, the alternative would not meet several key project objectives, and is environmentally and socially undesirable, and is therefore rejected. Alternative 3 – Ideal Urban Form Alternative The Ideal Urban Form Alternative (Alternative 3) assumes that the Specific Plan would be adopted, with 2,970 multi-family units as opposed to 2,178 multi-family units in the proposed project. Thisincrease in the number of units assumes additional density to be developed on the opportunity sites, such as the Renaissance Center, the Civic Center, the Town Center, 409 N Alameda St, 398 N Willowbrook Avenue, 117-215 N Willowbrook Avenue, 458 S. Alameda Street, and 600 N. Alameda Street. No changes would be made to the Specific Plan’s proposed land uses, design guidelines, development standards, policies, or goals. Consideration of Ideal Urban Form Alternative Because development under Alternative 3 would be increased by 792 multi-family units. Impacts to air quality, noise and cultural resources would be increased with Alternative 3 as the total number of units developed would increase. Therefore, Alternative 3 would result in greater construction emissions. Similar to the project, construction of emissions under Alternative 3 would not exceed the SCAQMD thresholds. However, it is expected that operational emissions associated with buildout of Alternative 3 would exceed the SCAQMD thresholds for PM10 and PM2.5. Similar to the Specific Plan, the Ideal Urban Form Alternative land uses would be consistent with the TOD Program and AB 32. Further, Alternative 3 would add more housing near transit. The increased density under this alternative has the potential to further reduce GHG and VMT by adding additional population to the specific plan area. The Ideal Urban Form would be required to comply with existing ordinances regarding noise, and identified mitigation measures would be Impact Sciences, Inc.48Compton Station TOD Specific Plan Final EIR1335.001 August 2022 applied, however, construction and operational noise impacts would remain significant and unavoidable and would be incrementally greater than the Specific Plan. This alternative would also meet all of the project objectives. FindingsThe City Council finds that while the Ideal Urban Form Alternative results in incrementally less impacts to VMT and GHG, impacts to air quality and noise would be greater. This alternative would not reduce any of the significant impacts of the project. Due to the increase in residential units, the alternative is environmentally and socially undesirable, and is therefore rejected. G STATEMENT OF OVERRIDING CONSIDERATIONS The Compton City Council hereby adopts this Statement of Overriding Considerations concerning the unavoidable significant impacts of the Compton Station TOD Specific Plan to explain why the benefits of the Project outweigh and override its unavoidable impacts. The Final Environmental Impact Report (Final EIR) for the Compton Station TOD Specific Plan Project identifies and discusses significant environmental impacts that could occur as a result of implementation of the Project. The City Council made specific Findings pursuant to CEQA, on each of the significant environmental impacts of the Project and on mitigation measures and alternatives. Nevertheless, even with implementation of feasible mitigation measures, certain significant and unavoidable impacts related to cultural resources and traffic still remain. In accordance with Section 15093 of the State CEQA Guidelines, the City Council hereby finds that following economic, legal, social, environmental, and other benefits of the Compton Station TOD Specific Plan Project outweigh its unavoidable, adverse environmental impacts discussed in the Findings, based on the considerations set forth herein:G.1 Benefits of the Compton Station TOD Specific Plan 1. The Project will provide affordable housing opportunities, which will assist the City in meeting its share of the Regional Housing Needs Allocation for new and affordable residential units. 2. The Project will improve the aesthetic and visual character of the area in furtherance of the objectives articulated in the General Plan by creating cohesive and compatible uses.3. The Specific Plan includes mobility improvements, including changes to Willowbrook Avenue that will improve safety and circulation. 4. The Specific Plan leverages its proximity to transit by co-locating jobs and housing near transit reducing VMT and GHG, resulting in improved air quality in the City and the region. 5. The Specific Plan’s 1,444 market rate and 754 affordable units will help address the statewide housing crises.
Impact Sciences, Inc.49Compton Station TOD Specific Plan Final EIR1335.001 August 2022
6. By focusing investments on the commercial core and civic center, the Specific Plan will create a strong and vibrant center for the City. 7. The conversion of Alameda East to a greenway would add much needed greenspace and active transportation opportunities. For the above-mentioned reasons, the City Council hereby finds that the benefits of the Project outweigh and override any adverse environmental impacts associated with the Compton Station TOD Specific Plan. H. ADOPTION OF A MITIGATION MONITORING PROGRAM FOR THE CEQA MITIGATION MEASURESSection 21081.6 of the Public Resources Code requires this City Council to adopt a monitoring or reporting program regarding the changes in the Project and mitigation measures imposed to lessen or avoid significant effects on the environment. The Mitigation Monitoring and Reporting Plan (MMRP), included as Chapter 3.0 in the Final EIR, is hereby adopted.
October 25, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON APPROVING GENERAL PLAN AMENDMENT CASE
NO. 2022-001, A REQUEST TO AMEND THE LAND USE
ELEMENT AND MAP TO CREATE THE 575.5 ACRE COMPTON
TRANSIT ORIENTED DEVELOPMENT SPECIFIC PLAN
OVERLAY DISTRICT FOR THE COMPTON TRANSIT ORIENTED
DEVELOPMENT SPECIFIC PLAN
SUMMARY
Adoption of the attached resolution will amend the General Plan Land Use Element and Land Use map to create the 575.5-acre Compton TOD Specific Plan Overlay District. This will allow the proposed Compton TOD Specific Plan to be approved and be consistent with the General Plan without having to immediate change the land use designation of every lot within the project area.
This is very beneficial to the existing property owners, because it will avoid creating consistency issues with zoning while at the same time giving the property owners more development flexibility.
BACKGROUND
The City of Compton is proposing the Compton Station TOD Specific Plan for an area approximately one-half mile around the Blue line Compton Station platform to promote transit- oriented development and to redevelop the downtown area. However, prior to approval of the TOD specific plan, the General Plan must be amended to allow for the creation of an overlay district that the TOD Specific Plan will utilize. The City has never needed an overlay district before until the TOD Specific Plan because the document will apply overlay zoning while not proposing immediate development.
STATEMENT OF ISSUE
The proposed General Plan amendment will amend the Land Use Element and map to create the Compton TOD Specific Plan (SP) Overlay District. General Plan overlay designations are frequently used to designate particular areas for redevelopment, permit the affected lots to not be restricted by a single land use category and to avoid general plan zoning inconsistencies. An “overlay” land use (SP) is applied over the underlying general plan land use designation to provide an additional layer of guidance. For example, a property owner can choose to develop under the general plan (base) land use designation “General Commercial” or under the proposed TOD Specific Plan Overlay District designation. The proposed GPA will also encourage and facilitate future development by eliminating the need for multiple general plan amendments.
The primary goal is to provide flexibility. The Compton Station Transit Oriented Development Specific Plan (TOD-SP) is a 20-year planning document. Redevelopment within the TOD-SP could occur rapidly or take 10 or 20 years to be utilized by developers. In the interim, property owners should not be prohibited from developing or expanding their property/business nor
4.4.4. Compton TOD General Plan Amendment
October 25, 2022
become inconsistent with the General Plan and or Zoning, as a result of the City approving the specific plan. The proposed specific plan land use district overlay will prevent this and permit the property owner to have the option to use the base general plan land use designation and zoning or choose to utilize the provisions of the TOD-SP overlay designation.
The proposed Specific Plan overlay is limited to City initiated specific plans. Individual projects proposing immediate development like the KBK project will be required to amend the General Plan and Zoning map to immediately apply the SP land use designation and zoning directly to their property as a base land use and zoning designation.
To create the overlay district designation, the current General Plan Specific Plan land use goal #3 will be amended as follows:
Specific Plan Land Use Goal (Existing)
3. Specific Plans within a quarter mile of either the Compton or Artesia stations shall facilitate transit-oriented developments including residential, commercial, hotel, and recreational uses that bring people to the Downtown and or serve as a Downtown as destination points for the region and catalyst for the further revitalization of and investment in the area.
Specific Plan Land Use Goal (Amended)
3. Specific Plans within a up to a half mile of either the Compton or Artesia stations shall facilitate transit-oriented developments including residential, commercial, hotel, and recreational uses that bring people to the Downtown and or serve as a Downtown as destination points for the region and catalyst for the further revitalization of and investment in the area.
The Specific Plan land use designation in lieu of being applied as a base land use designation can also be applied as an “Overlay District” designation. This overlay district specific plan designation shall only apply to area wide specific plans that do not propose a specific project. Presently, it is envisioned that this overlay designation will only apply to the Compton Station TOD-specific plan area, but could be applied in other areas. Figure A shows the limits of the Compton TOD-SP overlay district.
Environmental Review:
In accordance with the California Environmental Quality Act (“CEQA”), California Public Resources Code, Division 13 §21000 et seq., The City of Compton in its capacity as Lead Agency, has determined that the proposed general plan amendment is exempt form the provisions of CEQA in accordance with section 15061.
FISCAL IMPACT
There is no direct fiscal impact to the General Fund that will result from the adoption of the attached resolution. The proposed general plan amendment establishes the TOD specific plan overlay district only and does not propose any development or use of City funds.
Compton TOD General Plan Amendment
October 25, 2022
FINDINGS FOR APPROVAL OF GENERAL PLAN AMENDMENT CASE NO. 2022-001:
1. That the proposed amendment of the general plan land use element creating the TOD specific plan overlay district will be in conformance with and further the goals of the existing general plan when adopted. Further, the proposed general plan amendment is consistent with the General Plan in that the new Compton TOD overlay district designation will be consistent with the following goals and policies of the General Plan:
Land Use Element, Goal 1: Revitalize Compton, and create a safe, attractive, desirable community which attracts new businesses and residents of all income ranges.
Land Use Element, Policy 1.6: Promote quality design in new development projects.
Land Use Element, Policy 1.8: Use specific plans and similar planning approaches as means to focus revitalization efforts on target neighborhoods. Land Use Element, Policy 2.4: Create an identifiable Central Business District around the existing government center
Land Use Element Policy 4.3: Include necessary infrastructure improvements in project plans and funding arrangements in areas targeted for redevelopment and revitalization.
Land Use Element, Policy 4.6: Allow for integrated, mixed use developments which locate retail and service commercial uses within easy walking distance of the residential neighborhoods they are intended to serve. Land Use Element Specific Plan Goal 3: Land use Specific Plans within a quarter mile of either the Compton or Artesia stations shall facilitate transit- oriented developments including residential, commercial, hotel, and recreational uses that bring people to the Downtown and or serve as a Downtown as destination points for the region and catalyst for the further revitalization of and investment in the area.
Housing Element, Goal 1: The City of Compton will improve the housing supply and the choice of housing opportunities through private investment and, where necessary, through public action and financing.
Housing Element, Goal 4: The City of Compton will encourage development of a viable urban community consistent with orderly growth and environmental conservation to provide suitable living environments, with access to employment, community facilities, and services.
Housing Element, Policy 4.1: The City of Compton will preserve the existing residential neighborhoods and provide areas to accommodate new residential development.
Housing Element, Policy 2.3: The City of Compton will encourage variety in the supply of housing at costs affordable to the various income levels of the population.
Urban Design Element, Goal 1: Improve the City’s image and appearance through a combination of design guidelines and regulations, public investment, and private incentives.
Compton TOD General Plan Amendment
October 25, 2022
Urban Design Element, Goal 2: Eliminate blighting conditions and neighborhood deterioration Citywide to achieve an improved urban environment.
Urban Design Element, Policy 2.3: Encourage mixed use residential and retail/service commercial developments along Compton and Rosecrans Boulevards and Wilmington Avenue.
Circulation Element, Goal 6: Encourage bicycle and pedestrian travel as an alternative to motorized transportation.
Circulation Element, Policy 6.2: Allow for mixed use developments which integrate residential and compatible non-residential uses, and ensure such developments incorporate features which facilitate bike use and pedestrian travel.
Circulation Element, Policy 1.5: Provide commercial areas that are conducive to pedestrian and bicycle circulation;
2. That the creation of the special specific plan overlay district is more suitable for the subject area than the existing land uses permitted in that the proposed new specific plan overlay district designation is in addition to existing land uses and will encourage and facilitate the redevelopment of the downtown area and surrounding areas with transit friendly urban development targeting the reduction in greenhouse gases, promoting the use of walking, bicycling and mass transit and providing more market rate and affordable housing; and
3. That the uses permitted in the proposed land use classification will not be detrimental to the surrounding area in that the amendment will create a special TOD specific plan overlay district for the Compton TOD specific plan, which has undergone significant review by the City and has been analyzed by the companion program environmental impact report. This district will allow for future coordinated and comprehensive development under the provisions of the Compton TOD Specific Plan.
Planning Commission Decision Recommendation
The Planning Commission at its September 21, 2022 meeting adopted a resolution recommending that the City Council approve the proposed general plan amendment amending the Land Use Element and map to create the TOD specific plan overlay district.
RECOMMENDATION
Therefore, staff recommends the City Council approve the proposed general plan amendment Case No. 2022-001.
ROBERT DELGADILLO
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. _________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON APPROVING GENERAL PLAN AMENDMENT CASE
NO. 2022-001, A REQUEST TO AMEND THE LAND USE
ELEMENT AND MAP TO CREATE THE 575.5 ACRE
COMPTON TRANSIT ORIENTED DEVELOPMENT SPECIFIC
PLAN OVERLAY DISTRICT FOR THE COMPTON TRANSIT
ORIENTED DEVELOPMENT SPECIFIC PLAN
WHEREAS, the City of Compton has made application for a general plan amendment in accordance with Section 30-28 of the Compton Municipal Code to amend: The 1991 general plan land use element to create and apply the 575.5-acre Compton Transit Oriented Development (TOD) Specific Plan Overlay District for a certain real properties situated in the City of Compton, legally described as follows:
See Attachment “A”; and
WHEREAS, the Land Use Element and Land Use Policy Map of the General Plan of the City of Compton were adopted by the City Council on December 3, 1991, by Resolution No. 16,742 without a Specific Plan “Overlay” land use district or policy; and WHEREAS, the City of Compton City Council approved by ordinance No. 2333 on May 18, 2021 the amendment the general plan land use element to create the Specific Plan (SP) land use designation; and
WHEREAS, General Plan Amendment Case No. 2022-001 was processed in accordance with Compton Municipal Code (CMC) 30-28; and WHEREAS, the General Plan Amendment creating the TOD specific plan overlay district is needed to ensure General Plan consistency with the Compton TOD Specific Plan and to avoid the creation land use/zoning inconsistencies for the properties within the Compton TOD Specific Plan project boundaries while simultaneously ensuring consistency with the future TOD specific plan; and
WHEREAS, referral, publication of the proposed amendment was provided in accordance with Sections 65090, and 65091 of the California Government Code prior to consideration of the request by the City Council; and
WHEREAS, the proposed general plan amendment is exempt from the provisions of CEQA through section 15061 because the proposed general plan amendment is not proposing, encouraging or facilitating any development project. The proposed general plan amendment is only creating a TOD specific plan overlay district. A related specific plan for the project area that similarly does not proposed any development has a companion Program Environmental Impact Report prepared accordance with the California Environmental Quality Act (CEQA which separately analyzed the proposed Compton TOD Specific plan document; and WHEREAS, the Planning Commission held a public hearing on September 21, 2022 and voted to recommending approval of general plan amendment 2022-001 to the City Council; and WHEREAS, a public hearing on said request to amend the Land Use Element and Land Use Map was held before the City Council on October 18, 2022; and WHEREAS, the City Council considered all the information presented pertaining to the General Plan Amendment No. 2022-001; and
WHEREAS, the City Council being fully informed:
F I N D S
1. That the proposed amendment of the general plan land use element creating the TOD specific plan overlay district will be in conformance with and further the goals of the existing general plan when adopted. Further, the proposed general plan amendment is consistent with the General Plan in that the new Compton TOD overlay district designation will be consistent with the following goals and policies of the General Plan:
Resolution No. _____________
Land Use Element, Goal 1: Revitalize Compton, and create a safe, attractive, desirable community which attracts new businesses and residents of all income ranges.
Land Use Element, Policy 1.6: Promote quality design in new development projects.
Land Use Element, Policy 1.8: Use specific plans and similar planning approaches as means to focus revitalization efforts on target neighborhoods. Land Use Element, Policy 2.4: Create an identifiable Central Business District around the existing government center
Land Use Element Policy 4.3: Include necessary infrastructure improvements in project plans and funding arrangements in areas targeted for redevelopment and revitalization.
Land Use Element, Policy 4.6: Allow for integrated, mixed use developments which locate retail and service commercial uses within easy walking distance of the residential neighborhoods they are intended to serve. Land Use Element Specific Plan Goal 3: Land use Specific Plans within a quarter mile of either the Compton or Artesia stations shall facilitate transit- oriented developments including residential, commercial, hotel, and recreational uses that bring people to the Downtown and or serve as a Downtown as destination points for the region and catalyst for the further revitalization of and investment in the area.
Housing Element, Goal 1: The City of Compton will improve the housing supply and the choice of housing opportunities through private investment and, where necessary, through public action and financing. Housing Element, Goal 4: The City of Compton will encourage development of a viable urban community consistent with orderly growth and environmental conservation to provide suitable living environments, with access to employment, community facilities, and services. Housing Element, Policy 4.1: The City of Compton will preserve the existing residential neighborhoods and provide areas to accommodate new residential development.
Housing Element, Policy 2.3: The City of Compton will encourage variety in the supply of housing at costs affordable to the various income levels of the population.
Urban Design Element, Goal 1: Improve the City’s image and appearance through a combination of design guidelines and regulations, public investment, and private incentives.
Urban Design Element, Goal 2: Eliminate blighting conditions and neighborhood deterioration Citywide to achieve an improved urban environment.
Urban Design Element, Policy 2.3: Encourage mixed use residential and retail/service commercial developments along Compton and Rosecrans Boulevards and Wilmington Avenue.
Circulation Element, Goal 6: Encourage bicycle and pedestrian travel as an alternative to motorized transportation.
Circulation Element, Policy 6.2: Allow for mixed use developments which integrate residential and compatible non-residential uses, and ensure such developments incorporate features which facilitate bike use and pedestrian travel.
Circulation Element, Policy 1.5: Provide commercial areas that are conducive to pedestrian and bicycle circulation;
2. That the creation of the special specific plan overlay district is more suitable for the subject area than the existing land uses permitted in that the proposed new specific plan overlay district designation is in addition to existing land uses and will encourage and facilitate the redevelopment of the downtown area and surrounding areas with transit friendly urban development targeting the reduction in greenhouse gases, promoting the use of walking, bicycling and mass transit and providing more market rate and affordable housing; and
Resolution No. _____________
3. That the uses permitted in the proposed specific plan land use overlay district classification will not be detrimental to the surrounding area in that the amendment will create a special specific plan overlay district for the Compton TOD specific plan, which has undergone significant review by the City and has been analyzed by the companion program environmental impact report. This district will allow for future coordinated and comprehensive redevelopment under the provisions of the Compton TOD Specific Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON RESOLVES:
Section 1. That the General Plan Compton Station Specific Plan Overlay District for the Compton Transit Oriented Development Specific Plan project area as shown in Attachment “A” is hereby created and shall be reflected in the official general plan land map.
Section 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall remain in full force and effect.
Section 3. That this resolution adopted hereby shall take immediate effect and be in full force after the date of its final passage and adoption by the City Council.
Section 4. The Mayor shall sign and the City Clerk shall attest to the adoption of this Ordinance and shall cause the same to be published as required by law.
ADOPTED this _______ day of ____________, 2022.
_______________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON
I, Alita Godwin, City Clerk of the City of Compton, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested to by the City Clerk at a regular meeting thereof held on the _______ day of ________________, 2022.
The Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
___________________________________
CITY CLERK OF THE CITY OF COMPTON
Resolution No. _____________
ATTACHMENT A
SPT CO
SANTA FE
M
AYO
ALONDRA
ACACIA
COMPTON
BURRIS
CHESTER
OAKS
ORIS
ROSE
PIRU
PEARL
OLEANDER
TUCKER
SPRING
KAY
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135TH
CYPRESSCYPRESS PEARL
CITY OF COMPTON
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THIS MAP IS A PUBLIC RESOURCE OF GENERAL INFORMATION. THE CITY OF COMPTON MAKES
NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF THE DATABASE INFORMATION PROVIDED HEREIN.
THE READER SHOULD NOT RELY ON THE DATA PROVIDED HEREIN FOR ANY REASON. THE CITY OF
COMPTON EXPLICITLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE CITY OF COMPTON SHALL ASSUME NO LIABILITY FOR:
1. ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED; OR
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Compton TOD Specific Plan Area
October 25, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: COMPTON MUNICIPAL WATER DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO AMEND THE WATER
DEPARTMENT’S 2022-2023 FISCAL YEAR BUDGET AND APPROVE
AN APPROPRIATION FROM FUND BALANCE TO THE SPECIAL
DEPARTMENT EXPENSE ACCOUNT TO REPAY THE FUNDS TO
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY,
DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY
(CALRECYCLE) GRANT FUNDS
($11,171.00)
SUMMARY
Adoption of this resolution will authorize the City Manager to issue a purchase order in the amount of Eleven Thousand One Hundred Seventy-One Dollars ($11,171) to repay unspent Cal-Recycle grant funds from Grant # OPP-11-20-0122.
BACKGROUND
Cal-Recycle provides grant funding for programs to assist cities with their recycling programs. The used oil recycling program helps in the diversion and collection of potential pollution and contamination of the environment from illegal disposal of used oil.
STATEMENT OF THE ISSUE
The City received grant funding from Cal-Recycle in 2020 - Grant # OPP-11-20-0122.
During this grant cycle period, funds in the amount of $11,171 were not expended for used oil recycling; thus, these funds are required to be repaid to Cal-Recycle.
FINANCIAL IMPACT
The unexpended balance of $11,171 is available through the Fund balance in Fund 2655. A budget modification should be approved to increase Account 2655-900-000- 4249 by $11,171 to appropriate the expenditure.
5.5. Staff Report – Resolution Authorize Repayment
Unused CalRecycle Grant Funds (Grant #OPP11-20-0122)
October 25, 2022, Page 2
RECOMMENDATION
It is staff’s recommendation that the City Council adopt the attached Resolution.
VICTOR MEZA, GENERAL MANAGER
MUNICIPAL WATER DEPARTMENT
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO AMEND THE WATER
DEPARTMENT’S 2022-2023 FISCAL YEAR BUDGET AND APPROVE
AN APPROPRIATION FROM FUND BALANCE TO THE SPECIAL
DEPARTMENT EXPENSE ACCOUNT TO REPAY THE FUNDS TO
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY,
DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY
(CALRECYCLE) GRANT FUNDS ($11,171.00)
WHEREAS, the Public Resources Code Sections 4000 et seq. authorize the Department of Resources, Recycling and Recovery ("Cal-Recycle") to administer various grant programs in furtherance of the State of California's efforts to reduce, recycle and reuse and protecting public health and safety and the environment; and WHEREAS, the City applied for and received grant funding for used oil recycling in 2020 (Grant #OPP11-20-0122); and
WHEREAS, during the 2020 Grant cycle period, $11,171 in funding was not expended for the Program; thus, these funds must be repaid to Cal-Recycle.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Manager is hereby authorized to issue a purchase order in the amount of Eleven Thousand One Hundred Seventy-One Dollars ($11,171) to repay unspent Cal-Recycle Grant funds from Grant # OPP11-20-0122.
SECTION 2. That the unexpended balance of $11,171 is available through Fund balance in Fund 2655. A budget modification shall be approved to increase Account 2655-900-000-4249 by $11,171 to appropriate the expenditure.
SECTION 3. That a certified copy of this Resolution shall be filed in the offices of the City Clerk, City Manager, City Controller and Compton Municipal Water Department.
SECTION 4. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this _______ day of ___________, 2022.
_______________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
Resolution No. ______________