The City’s water supply is primarily extracted from the Central (groundwater) Basin which is a sub -basin of the Coastal Plain of Los Angeles pursuant to DWR Bulletin 118, Basin Number 4 -11.04. Pursuant to the Sustainable Groundwater Management Act of 2014 (SGMA), the Central Basin was named as an adjudicated groundwater basin and is exempt from the requirements of developing a Groundwater Sustainability Plan and subsequently was designated a very -low-priority basin in DWR’s 2019 SGMA Basin Prioritization report. In compliance with SGMA, the Central Basin Watermaster (which is the Water Replenishment District of Southern California and the Central Basin Water Rights Panel) submits its Annual Report to DWR. Therefore, the project would not affect the quality o r quantity of groundwater or its management. Impact would be less than significant and no mitigation is required.
Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
76 Initial Study and Mitigated Negative Declaration
Public Review Draft November 2023
4.11 – Land Use and Planning
a) No Impact. The project site is currently developed with a church and its parking lot. There are single family residences to the north (adjacent) and east (across Foster Bridge Boulevard), a self-storage facility adjacent to the west, and apartments to the southwest across Suva Street. The project will be a gated townhouse community so surrounding residents would not be able to walk through the property as they can at present. However, there are sidewalks on both sides of Foster Bridge Boulevard and Suva Street so local residents will still have access to the surrounding neighborhoods if needed or desired. Therefore, the new land use would not physically divide the existing commun ity. In addition, the project does not involve construction of any roadway, flood control channel, or other structure that would physically divide any portion of the community. Therefore, no impact would occur.
b) Less than Significant Impact. The two primary land use plans that apply to the project site, and that can avoid environmental effects of land development, are the City General Plan and zoning code.
The Land Use Element of the City’s General Plan indicates the project site currently has a land use designation of Low Density Residential (LDR) which allows up to 8.9 units/acre. The project is requesting a General Plan Amendment to change the site’s land use designation to Medium Density Residential (MDR) which allows up to 24 units/acre. The density of the proposed project is 20.6 units per gross acre. Similarly, the City of Downey Municipal Code (CDMC) zoning regulations designate the project site as R-1 6,000 which is a single-family detached residential designation. The project proposes to change the site’s zoning designation to Multi -Family Residential Ownership Zone (R-3-0). It should be noted the site is currently developed with a church and its parking lot which are allowed uses within the residential land use categories of the General Plan and residential zoning districts.
The density of the project as proposed is 20.6 units per gross acre while the R -3-O zone allows up to approximately 22 units/acre. According to the City Zoning Code, the R -3-O zone is intended to provide “for the development of multiple -family ownership type housing in selected areas compatible with the neighborhood environment. The Zoning Code states…”such areas are intended to be complementary with adjacent uses and provide sufficient opportunities for ownership in multiple -family housing”. The project is also consistent with the development standards of the adjacent residential categories/zones (e.g., height, setbacks, etc.). The project also does not include any features that would circumvent any mitigating policies in the Downey General Plan , as outlined in other sections of this IS/MND. Since the proposed use is considered to be compatible with surrounding uses under the General Plan and zoning, Would the project:
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Physically divide an established
community? □ □ □
b) Cause a significant environmental
impact due to a conflict with any
applicable land use plan, policy, or
regulation adopted for the purpose of
avoiding or mitigating an
environmental effect?
□ □ □
Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
Foster Bridge and Bluff Residential Project 77
City of Downey
the proposed project is not expected to result in any significant land use impacts and no mitigation is required.
4.12 – Mineral Resources
Would the project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Result in the loss of availability of a
known mineral resource that would
be of value to the region and the
residents of the state?
□ □ □
b) Result in the loss of availability of a
locally-important mineral resource
recovery site delineated on a local
general plan, specific plan or other
land use plan?
□ □ □
a) No Impact. The project site is in a completely urbanized area within the City of Downey. According to the California Department of Conservation, Division of Mines and Geology Resources, no known mineral resources exist in the City of Downey.31 No loss of availability of a known mineral resource would occur. Therefore, no impact would occur.
b) No Impact. The project site is located in a completely urbanized area within the City of Downey.
There are no mineral extraction or process facilities on or near the site.32 No mineral resources are known to exist within the vicinity of the project site. No known mineral resources have been identified by the Downey General Plan EIR or in any other plan. Therefore, no impact would occur.
Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
78 Initial Study and Mitigated Negative Declaration
Public Review Draft November 2023
4.13 – Noise
Would the Project result in:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Generation of a substantial
temporary or permanent 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?
□ □ □
b) Generation of excessive
groundborne vibration or
groundborne noise levels? □ □ □
c) For a project located within the
vicinity of a private airstrip or an
airport land use plan or, where such
a plan has not been adopted, within
two miles of a public airport or public
use airport, would the Project expose
people residing or working in the
Project area to excessive noise
levels?
□ □ □
A Noise and Vibration Analysis33 was prepared for the proposed project by MIG, dated September 22, 2023 (Appendix D). The information in this section is based on that Noise Study (MIG 2023b).
Existing Noise Environment
The proposed project is located in northern Downey, in an area classified and designated as Residential (R-1) by the City’s Zoning Code and Low Density Residential by the Land Use Chapter of the City’s General Plan. The City’s General Plan identifies vehicular traffic, aircraft overflights, and trains as the dominant noise sources in the City. The existing noise environment in the project vicinity consists primarily of vehicles along Foster Bridge Boulevard and Suva Street, overhead air traffic, construction power tools, and residential noises such as stereos and pedestrians.
Ambient noise monitoring was conducted on the project site including one long-term and two short-term measurement locations. The long-term monitoring was conducted near the center of the site while the short-term monitoring was conducted along the northern boundary and the northeast boundary of the site to effectively characterize ambient noise levels near the closest existing residential uses (i.e., to the north and northeast). Typical ambient noise levels at the project site ranged from approximately 55 to 60 dBA during the daytime and 47 to 57 dBA during the evening and nighttime. It should be noted the project site is not located within any airport planning boundaries or proximate to any private airport facilities.
Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
Foster Bridge and Bluff Residential Project 79
City of Downey
Sensitive Receptors
Some people are especially sensitive to noise and are given special consideration when evaluating noise impacts from projects. These groups of people include children, the elderly, and individuals with hearing impairments or unusual sensitivity to noise . Structures that house these persons or places where they gather are defined as “sensitive receptors”. Noise sensitive receptors are buildings or areas where unwanted sound or increases in sound may have an adverse effect on people or land uses.
Residential areas, hospitals, schools, and parks are examples of noise receptors that could be sensitive to changes in existing environmental noise levels. Sensitive single-family residential receptors could be within 25 feet of work areas for short periods of time (e.g., site grading along the north property boundary), at which distance construction equipment may reach 89 dBA Leq. Project construction in the middle of the site would be at least 100 feet from sensitive single-family residential receptors to the north (adjacent to the site) and east (across Foster Bridge Boulevard) as well as the multi-family residential complex to the south (across Suva Street).
Regulatory Setting
The City’s Municipal Code and General Plan Safety Element establish the following standards applicable to construction noise, operational noise, and noise/land use compatibility. ▪ Construction Noise: Municipal Code Section 4606.5 exempts construction, repair or remodeling equipment and devices and other related construction noise sources shall be exempted from the provisions of this chapter provided a valid permit for such construction, repair, or remodeling shall have been obtained from the City. In any circumstance other than emergency work, no repair or remodeling shall take place between the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day, and no repair or remode ling shall exceed eighty- five (85) db(A) across any property boundary at any time during the course of a twenty -four (24) hour day.
▪ Operational Noise: Municipal Code Section 4606.3 Subsection (b) states that if the alleged noise source is of a continuous nature and cannot reasonably be discontinued for a time period wherein the ambient noise level can be determined, the maximum permissible steady noise level by sound sources across the property boundary of any land use cited below may be less, but not greater than (for residential land use):
o Daytime (7:00 AM – 10:00 PM): 55 dBA Leq
o Nighttime (10:00 PM – 7:00 AM): 45 dBA Leq
Municipal Code Section 4606.3 adjusts these standards in the hours between 7:00 a.m. to 10:00 p.m., the noise levels permitted in Subsection (b) of this section may be adjusted by the inclusion of the following factors when applicable:
o Noise source operated 12 minutes per hour or less + 5 db(A) o Noise source operated 3 minutes per hour or less + 10 db(A) o Noise source operated 1 minute per hour or less + 15 db(A) ▪ Noise/Land Use Compatibility: The City’s General Plan Noise Chapter establishes a noise land use compatibility goal for residential uses of 60 CNEL.
Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
80 Initial Study and Mitigated Negative Declaration
Public Review Draft November 2023
a) Less Than Significant with Mitigation Incorporated. The proposed project would generate noise during construction and operation of the proposed facilities. The following analysis evaluates if the project would:
▪ Generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of the standards established in:
o City of Downey Municipal Code Section 4606.3 (Maximum Permissible Noise Levels by Sound Sources Across Property Boundaries) or Section 4606.5 (Construction Projects); or o The City of Downey General Plan; or
▪ Generate excessive groundborne vibration or groundborne noise levels; or ▪ Expose people residing or working in the project area to excessive airport-related noise levels.
An analysis of these potential project noise impacts is provided below.
Short-Term Construction Noise
The proposed project involves construction activities including demolition, site preparation, grading, building construction, paving and architectural coating in an existing residential area of the City.
Construction activities are anticipated to begin early -2024 and may last approximately 12 months in total. In general, construction activities would involve the use of worker vehicles, delivery trucks, dump trucks, and heavy-duty construction equipment such as (but not limited to) backhoes, tractors, loaders, graders, excavators, rollers, cranes, material lifts, generators, and air compressors. These types of construction activities would generate noise and vibration from the following sources:
▪ Heavy equipment operations at different work areas. Some heavy equipment would consist of mobile equipment such as a loader and excavator that would move around work areas; other equipment would consist of stationary equipment (e.g., cranes or material hoi sts/lifts) that would generally operate in a fixed location until work activities are complete. Heavy equipment generates noise from engine operation, mechanical systems, and components (e.g., fans, gears, propulsion of wheels or tracks), and other sources such as back-up alarms. Mobile equipment generally operates at different loads, or power outputs, and produces higher or lower noise levels depending on the operating load. Stationary equipment generally operates at a steady power output that produces a constant noise level. ▪ Vehicle trips, including worker, vendor, and haul truck trips. These trips would occur on Suva Street and Foster Bridge Boulevard and other local roads used to access the site.
Typical construction equipment noise levels at different distances are shown in Table 4 .13-1 (Potential Project Construction Equipment Noise Levels ). With regard to construction noise, demolition, site preparation, and grading phases typically result in the highest temporary noise levels due to the use of heavy-duty equipment such as dozers, excavators, graders, loaders, and trucks. Construction noise impacts generally occur when construction activities occur in areas immediately adjoining noise sensitive land uses, during noise sensitive times of the day, or when construction durations last over extended periods of time.
Construction activities associated with the proposed project would last approximately 12 months.
Construction activities would occur in close proximity to the adjacent residential property north of the project site and to the residential properties east of the site across Foster Bridge Boulevard. As shown in Table 4.13-1, worst case hourly construction equipment noise levels are predicted to be approximately 83 dBA Leq and 90 dBA Lmax, respectively, at 50 feet; however, the magnitude of the Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
Foster Bridge and Bluff Residential Project 81
City of Downey
project’s temporary and periodic increase in ambient noise levels would depend on the nature of the construction activity (i.e., demolition, building construction, grading) and the distance between the construction activity and sensitive receptors/outdoor use areas.
Sensitive residential receptors could be within 25 feet of work areas for short periods of time (e.g., site grading along the property boundary), at which distance construction equipment may reach 89 dBA Leq. Project construction in the middle of the site would be at least 100 feet from sensitive receptors to the north and east. At this distance (100 feet), equipment could reach 77 dBA Leq. The concurrent operation of a dozer, backhoe, and delivery truck at the same time and in the same general area could produce a combined noise level of approximately 80 dBA Leq on a short -term basis (less than an hour) at 100 feet.
Table 4.13-1
Potential Project Construction Equipment Noise Levels
Typical
Equipment
Noise
Level at
50 feet
(Lmax)(A)
Percent
Usage
Factor(B)
Predicted Equipment Noise Levels (Leq)(C)
25 Feet
50 Feet
75 Feet
100
Feet
150
Feet
200
Feet
250
Feet
Bulldozer 85 40 87 81 77 75 71 69 67
Backhoe 80 40 82 76 72 70 66 64 62
Compact Roller 80 20 79 73 69 67 63 61 59
Concrete Mixer 85 40 87 81 77 75 71 69 67
Concrete Saw 90 20 89 83 79 77 73 71 69
Crane 85 16 83 77 74 71 67 65 63
Delivery Truck 84 40 86 80 76 74 70 68 66
Generator 82 50 85 79 75 73 69 67 65
Grader 85 40 87 81 77 75 71 69 67
Paver 85 50 88 82 78 76 72 70 68
Sources: Table 4, MIG 2023b, Caltrans, 2013 and FHWA, 2010. (A) Lmax noise levels based on manufacturer’s specifications. (B) Usage factor refers to the amount (percent) of time the equipment produces noise over the time period (C) Estimate does not account for any atmospheric or ground attenuation factors. Calculated noise levels based on Caltrans, 2013: Leq (hourly) = Lmax at 50 feet – 20log (D/50) + 10log (UF), where: Lmax = reference Lmax from manufacturer or other source; D = distance of interest; UF = usage fraction or fraction of time period of interest equipment is in use.
Although project construction may temporarily increase noise levels near the site, it is not anticipated to result in physical harm (e.g., temporary or permanent hearing loss or damage) to any sensitive noise receptor because receptors would not be continuously expo sed to elevated construction noise levels (i.e., noise levels would return to ambient conditions when construction ceases for the day) and the construction noise levels presented above are exterior noise levels, whereas receptors would be likely to be inside buildings. Residential construction in California typically provides at least 12 dBA of exterior Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
82 Initial Study and Mitigated Negative Declaration
Public Review Draft November 2023
to interior noise attenuation with windows open and 20 dBA of exterior to interior noise attenuation with windows closediii.
Physiological effects occur when the human ear is subjected to prolonged exposure to high noise environments. For example, to protect workers from noise -induced hearing loss, the U.S. Occupational Safety and Health Administration (OSHA) limits worker noise exposure to 90 dBA as averaged over an 8-hour time period (29 CFR 1910.95). Similarly, the National Institute for Occupational Safety and Health (NIOSH) recommends workers limit noise exposure to no more than 85 dBA over an 8 -hour period to protect against noise-induced hearing loss (NIOSH, 1998).
As shown in Table 4.13-1, potential worst-case hourly noise level estimates for any single piece of equipment would be approximately 89 dBA L eq at 25 feet and 77 dBA Leq at 100 feet. Although hourly construction noise levels may approach 89 dBA Leq for one or two hours, such noise levels would not be sustained over an 8 -hour period (due to movement of equipment and changes in operations that occur during daily construction activities). Therefore, at worst -case, noise from construction activities may pose a temporary interference or annoyance effect on nearby sensitive receptors but would not result in adverse physiological effects on human receptors in the surrounding area.
The City’s Municipal Code (Section 4606.5) limits construction activities to the hours of 7 AM to 9 PM and establishes that construction noise shall not exceed 85 dBA across any property boundary at any time of day. As discussed above, the project’s potential construction noise levels would range from approximately 77 dBA L eq to 89 dBA Leq depending on the specific equipment in use and the distance between the equipment and adjacent residential properties. Since the proposed project has the potential to exceed the City’s construction noise limit established in the CDMC, Mitigation Measures NOI-1 through NOI-5 are required to reduce construction noise to less than significant levels.
These five mitigation measures would provide advanced notice of construction activities to surrounding residential properties, limit construction hours per City Municipal Code requirements, limit noise from stationary and other construction equipment, and reduce temporary construction no ise impacts by a minimum of 5 to 10 dBs, which would lower the project’s potential construction noise levels at nearby residential property lines to less than 85 dBA L eq as required by the City’s Municipal Code. The proposed project would comply with the City’s applicable construction noise control provisions and implement other mitigation measures to reduce the potential for project construction activities to result in a substantial temporary increase in ambient noise levels. With implementation of these measures, potential construction-related noise impacts on nearby sensitive receptors will be reduced to less than significant levels.
Long-term Operational Noise
Project Operation (Onsite Noise Sources)
The project site and surrounding properties are all designated Residential (R-1, 6,000 square feet minimum lot size) by the City’s zoning code. Municipal Code Section 4606.3 establishes the maximum permissible noise level that may intrude into adjacent property lines. The code establishes maximum permissible noise levels for residential land uses of 55 dBA L eq for daytime hours (7:00 AM to 10:00 PM) and 45 dBA Leq for nighttime hours (10:00 PM – 7:00 AM). The existing daytime ambient noise
iii The U.S. Department of Housing and Urban Development (HUD) Noise Guidebook and supplement (2009a, 2009b) includes information on noise attenuation provided by building materials and different construction techniques. As a reference, a standard exterio r wall consisting of 5/8-inch siding, wall sheathing, fiberglass insulation, two by four wall studs on 16 -inch centers, and 1/2-inch gypsum wall board with single strength windows provides approximately 35 dBs of attenuation between exterior and interior noise l evels, provided windows do not occupy more than 30% of the exterior wall space.
Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
Foster Bridge and Bluff Residential Project 83
City of Downey
levels at the project site ranged from 55.8 to 58.9 dBA L eq, which is above the City’s permissible daytime noise levels (55 dBA L eq). Nighttime (10 PM to 7 AM) ambient noise levels ranged from 47.2 to 57.2 dBA, which are all above the City’s permissible nighttime noise level (45 dBA L eq).
The existing residential land uses at and near the site generate noise from vehicle parking activities, waste collection activities, landscaping activities, stationary heating, ventilation, and air conditioning (HVAC) equipment, and, for the existing use of the project site, religious service and education activities (e.g., community masses, after-school gatherings, etc.). The proposed project would involve similar noise generating sources and activities as the existing land uses; however, the amount of mechanical equipment and the intensity of parking would be greater than existing land uses on the site.
Although the proposed project could increase the amount of noise sources and noise -generating activities compared to existing conditions, the project would have a limited potential to generate significant on-site noise levels. In general, residential land uses (including the proposed multi -family townhome land uses) are not a substantial noise-generating land use because they do not involve substantial noise-generating activities during the nighttime, mechanical equipment associated with garage door openers, residential amenities, and other building systems are typically enclos ed within closets, sheds, and/or equipment rooms, and HVAC equipment is typically screened from public view by landscaping, fences, or walls and, therefore, shielded from adjacent propert ies.
Once constructed, the proposed project’s primary on-site noise generating activities will be parking, human activity, and HVAC equipment. The site design indicates each unit would have two garage parking spaces. Circulation onsite would provide access to Foster Bridge Boulevard on the no rtheastern part of the site and Suva Street on the south part of the site. Onsite vehicle travel would occur at very ow speeds and thus would not produce significantly high noise levels.
The project’s small ground level HVAC units would be rated to condition individual townhome spaces that would be approximately 1,100 to 1,800 square feet in size. Small, individual residential HVAC units can produce a noise level up to 75 dBA at a distance of 3 feet. At their closest, these HVAC units would be approximately 6 feet from the eastern and western property lines. The project would also include a six-foot-tall concrete masonry unit wall along the western and northern perimeter. Based on distance and the six-foot barrier, uncontrolled HVAC noise levels would be approximately 11 dBA lower due to attenuation at the adjacent commercial property line on the western part of the site, which would reduce HVAC noise to levels be below the City’s noise limit of 65 dBA for commercial land uses. The project would not include any HVAC units facing the northern property line. Nonetheless , the six-foot barrier would provide approximately 5 dBA of noise attenuation for this receptor. Residential land uses to the east of the project site are at least 50 feet from any HVAC units facing the eastern side of the site and also contain a six-foot-tall perimeter wall that would limit HVAC noise transmission into these properties.
In addition, HVAC equipment does not operate continuously and would not affect ambient noise levels when the equipment is not in use. For these reasons, potential HVAC equipment would not generate noise levels in excess of the City’s 45 dBA L eq nighttime noise standard at any shared residential property line, or otherwise result in a substantial permanent increase in ambient noise levels in the vicinity of the project.
The proposed project would also include an approximately 192 square foot pet station open area in the northwestern portion of the site. This area would be shielded by the six -foot barrier along the western and northern sections of the site perimeter, providing approxima tely 5 dBA of noise attenuation for the adjacent residential receptor to the north of the site. This area would generate similar noise levels to other nearby existing residential land uses, and thus would not substantially increase ambient noise levels in the vicinity of the project.
Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
84 Initial Study and Mitigated Negative Declaration
Public Review Draft November 2023
For the reasons outlined above, the proposed project would not generate onsite noise levels that exceed City standards or otherwise result in a substantial permanent increase in ambient noise levels in the vicinity of the project. This impact would be less than significant and no mitigation is required.
Project Operation (Off-Site Vehicle Trip Noise)
The Project Traffic and Circulation Analysis Scoping Agreement indicates the proposed project will result in a net increase of 158 daily vehicle trips (Ganddini Group, 2023). In general, it takes a doubling of traffic to increase traffic noise volumes by 3 dBA (Caltrans, 2013). Although the current average daily traffic volume on Foster Bridge Boulevard is not known, the area surrounding the project site is developed with residential land uses and traffic volumes on Foster Bridge Boulevard and other roadways used to access the project site are assumed to be at least 1,000 vehicle trips per day. The addition of 158 passenger cars to the roadway system would not result in a doubling of traffic on any roadway segment at or in the vicinity of the project site and, therefore, would result in a less than 3 dBA increase in noise levels on local roads used to access the project site. The proposed project would therefore not result in a substantial, permanent increase in noise levels along the roadways used to access the proposed project as compared to existing or future conditions. This impact would be less than significant and no mitigation is required.
Other Planning Considerations (Noise / Land Use Compatibility) In 2015, the California Supreme Court in California Building Industry Association v. Bay Area Air Quality Management District, 62 Cal.4th 369 ruled that CEQA review is focused on a project’s impact on the environment “and not the environment’s impact on the project.” Per this ruling, a Lead Agency is not required to analyze how existing conditions might impact a project’s existing or future population except where specifically required by CEQA . However, a Lead Agency may elect to disclose information relevant to a project even if it not is considered an impact under CEQA. Furthermore, the City’s General Plan sets noise standards for receiving land uses which require evaluation for consistency and compliance even if such evaluation is not required by CEQA to be identified as a physical impact of a project.
The City’s General Plan Noise Chapter establishes a noise and land use compatibility goal for residential uses of 60 dBA CNEL. Noise monitoring conducted at the project site indicates daytime hourly ambient noise levels at the site ranged from approximately 55 to 60 dBA L eq. The long-term ambient noise data indicated a CNEL of 60.9 dBA, which would exceed the City’s General Plan acceptable noise levels for residential land use. However, the proposed project would have noise levels less than 70 dBA, which is within the “conditionally acceptable” range for a residential land use.
The City’s General Plan Noise Chapter states that in order for new construction or development to be conditionally acceptable, noise insulation features such as conventional construction with closed windows and fresh air supply systems or air conditioning need to be included in the design. As mentioned previously, the proposed project would include HVAC units for each individual townhome unit. Typical building construction provides an exterior-to-interior noise reduction of approximately 12 dBA with windows open and approximately 20 dBA with windows closed. iv With windows closed, interior noise levels would be approximately 40.9 dBA, which is less than the interior acceptable noise level (45 dBA) for residential land use. Daily noise exposure at the project is, therefore, considered to be within the City’s noise and land use compatibility conditionally acceptable level of 70 CNEL. In addition, interior
iv The U.S. Department of Housing and Urban Development (HUD) Noise Guidebook and supplement (2009a, 2009b) includes information on noise attenuation provided by building materials and different construction techniques. As a reference, a standard exterio r wall consisting of 5/8-inch siding, wall sheathing, fiberglass insulation, two by four wall studs on 16 -inch centers, and 1/2-inch gypsum wall board with single strength windows provides approximately 35 dBs of attenuation between exterior and interior noise levels. Increasing window space may also decrease attenuation, with a reduction of 10 dBs possible if windows occupy 30% of the exterior wall façade.
Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
Foster Bridge and Bluff Residential Project 85
City of Downey
noise exposure would be less than 45 CNEL with windows closed and use of the project’s HVAC system. Therefore, the proposed project is considered compatible with the exterior ambient noise environment in the project area and no exterior or interior noise design features are required to protect project residents from significant noise impacts.
Cumulative Impacts
The Noise Study determined that project noise impacts during construction (with mitigation) and operation (without mitigation) would be less than significant (i.e., within City standards). Surrounding cities and the County have similar types of noise stand ards, and new development projects are required to document their potential offsite noise impacts and, if they are significant, to mitigate those impacts to less than significant levels (i.e., to within the locally established standards). Like the City of Downey, the surrounding communities have similar requirements to review impacts and mitigate when necessary under CEQA. It should also be noted that the ambient noise levels in many of these communities already exceed their established noise standards. As long as the City continues to require an evaluation of impacts and mitigation when necessary under CEQA, it is not expected that this project will make a significant contribution to cumulatively considerable noise impacts in the surrounding region, and no mitigation other than the recommended project level mitigation is required.
Conclusion
As detailed above, the proposed project would not generate temporary or permanent noise levels that would exceed the City’s standards or otherwise result in a substantial increase in ambient noise levels with the incorporation of mitigation measures. The refore, the proposed project would not result in a substantial, adverse noise -related effect on the environment, including cumulative impacts. With implementation of the recommended mitigation for construction activities, noise -related impacts of the project will be less than significant.
b) Less Than Significant Impact. Vibration is the movement of particles within a medium or object such as the ground or a building. Vibration sources are usually characterized as continuous, such as factory machinery, or transient, such as explosions. As is the case with airborne sound, g roundborne vibrations may be described by amplitude and frequency; however, unlike airborne sound, there is no standard way of measuring and reporting amplitude. Vibration amplitudes can be expressed in terms of velocity (inches per second) or discussed in dB units in order to compress the range of numbers required to describe vibration. Vibration impacts to buildings are usually discussed in terms of peak particle velocity (PPV) in inches per second (in/sec). PPV represents the maximum instantaneous positive or negative peak of a vibration signal and is most appropriate for evaluating the potential for building damage. Vibration can impact people, structures, and sensitive equipment. The primary concern related to vibration and people is the potential to an noy those working and residing in the area.
Vibration with high enough amplitudes can damage structures (such as crack plaster or destroy windows). Groundborne vibration can also disrupt the use of sensitive medical and scientific instruments, such as electron microscopes. Groundborne noise is noise generated by vibrating building surfaces such as floors, walls, and ceilings that radiate noise inside buildings subjected to an external source of vibration. The vibration level, the acoustic radiation of the v ibrating element, and the acoustical absorption of the room are all factors that affect potential groundborne noise generation.
Caltrans’ Transportation and Construction Vibration Guidance Manual provides a summary of vibration human responses and structural damage criteria that have been reported by researchers, organizations, and governmental agencies. These thresholds are summar ized in Table 4.13-2 (Caltrans’ Vibration Threshold Criteria for Building Damage ), and Table 4.13-3 (Caltrans’ Vibration Threshold Criteria for Human Response ).
Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
86 Initial Study and Mitigated Negative Declaration
Public Review Draft November 2023
Table 4.13-2
Caltrans’ Vibration Criteria for Building Damage
Structural Integrity
Maximum PPV (in/sec)
Transient Continuous
Historic and some older buildings 0.50 0.12 to 0.2
Older residential structures 0.50 0.30
New residential structures 1.00 0.50
Modern industrial and commercial structures 2.00 0.50
Source: Table 5, MIG 2023b, Caltrans, 2020
Table 4.13-3
Vibration Criteria for Human Response
Human Response
Maximum PPV (in/sec)
Transient Continuous
Slightly perceptible 0.035 0.012
Distinctly perceptible 0.24 0.035
Strongly perceptible 0.90 0.10
Severe/Disturbing 2.0 0.7 (at 2 Hz) to 0.17 (at 20 Hz)
Very disturbing -- 3.6 (at 2 Hz) to 0.4 (at 20 Hz)
Source: Table 6, MIG 2023b, Caltrans, 2020
Construction activities have the potential to result in varying degrees of ground vibration, depending on the specific construction equipment used and activities involved. Vibration generated by construction equipment spreads through the ground and diminishes with increases in distance. The effects of ground vibration may be imperceptible at low levels, result in low rumbling sounds and detectable vibrations at moderate levels and can disturb human activities such as sleep and vibration sensitive equipment at high levels.
Ground vibration can also potentially damage the foundations and exteriors of existing structures even if it does not result in a negative human response. Pile drivers and other pieces of high impact construction equipment are generally the primary cause o f construction-related vibration impacts. The use of such equipment is generally limited to sites where there are extensive layers of very hard materials (e.g., compacted soils, bedrock) that must be loosened and/or penetrated to achieve grading and foundation design requirements. The need for such methods is usually determined through site - specific geotechnical investigations that identify the subsurface materials within the grading envelope, along with foundation design recommendations and the constructio n methods needed to safely permit development of a site. Pile driving equipment is not anticipated to be required at the proposed project site.
Construction vibration impacts generally occur when construction activities occur in close proximity to buildings and vibration -sensitive areas, during evening or nighttime hours, or when construction activities last extended periods of time. Although pote ntial heavy equipment operations at the site for all demolition, site preparation, grading, and paving activities would not last more than approximately 45 days, construction activities would occur in close proximity to an adjacent residential property to the north. The ground-borne vibration levels generated by the type of equipment that would be used to construct the proposed project are shown in Table 4.13-4 (Potential Project Construction Vibration Levels).
Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
Foster Bridge and Bluff Residential Project 87
City of Downey
Table 4.13-4
Potential Project Construction Vibration Levels
Equipment
Peak Particle Velocity (in/sec) (A)
25 feet 50 feet 100 feet 200 feet
Small bulldozer 0.003 0.001 0.001 0.000
Jackhammer 0.035 0.016 0.008 0.004
Loaded truck 0.076 0.035 0.017 0.008
Large bulldozer 0.089 0.042 0.019 0.009
Vibratory Roller 0.21 0.098 0.046 0.021
Sources: Table 7, MIG 2023b, Caltrans, 2020 and FTA, 2018 (A) Estimated PPV calculated as: PPV(D)=PPV(ref)*(25/D)^1.1 where PPV(D)= Estimated PPV at distance; PPVref= Reference PPV at 25 ft; D= Distance from equipment to receiver; and n= ground attenuation rate (1.1 for dense compacted hard soils).
As shown in Table 4.13-4, the vibration levels associated with typical construction equipment are dependent on the type of equipment used. For structural damage, the use of typical equipment during construction activities (e.g., bulldozer, jack hammer, trucks etc.) would produce PPV levels up to 0.098 in/sec at 50 feet. These PPV values are well below Caltrans’ guidelines standards for potential structural damage for the types of buildings in and adjacent to the Plan Area, which consist of modern residential structures (0.5 PPV for continuous vibration sources , see Table 4.13-2). For human annoyance and interference responses, the use of typical equipment (e.g., bulldozer, jack hammer, trucks, etc.) during construction could produce vibration levels near the project site (within 50 feet) that exceed Caltrans’ perceptible vibration detection threshold (0.012 PPV, see Table 4.13-3). Specific vibration-generating equipment, such as vibratory rollers which may be used during paving activities, could produce vibration levels at 50 feet that would be more pronounced and perceptible but still below Caltrans’ guidelines for structural damage to modern residential structures (0.50 PPV for continuous vibra tion sources).
The above vibration estimates represent potential vibration levels based on typical equipment operations and assume there is no change in elevation between work areas and receptor locations and no change in subsurface conditions that may affect vibration t ransmission through soil media and structures. As discussed above, the proposed project does not have the potential to result in structural damage to buildings near work areas; however, construction -related groundborne vibrations have the potential to be perceptible at buildings within approximately 200 feet of typical construction work areas and 400 feet of construction work areas involving a vibratory roller . Although some vibration associated with construction activities may be felt by nearby residential properties that surround the site, this potential vibration effect would not be excessive because it would occur during daytime hours only (when residential properties would be less sensitive to perceived vibrations, be infrequent (occurring only when equipment is in full operation, not idling or in low power modes), be intermittent (equipment would not operate in the same location every day and would move around the site so that properties are not exposed to continuous peak vibration levels), and would no t damage buildings or structures at any point. For these reasons, project construction activities would not generate excessive groundborne vibration or noise levels. This impact would be less than significant.
Once operational, the proposed project would not have any large equipment that would generate vibration. This impact would be less than significant and no mitigation required.
Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
88 Initial Study and Mitigated Negative Declaration
Public Review Draft November 2023
c) Less Than Significant Impact. The proposed project is not located within two miles of any public or private airport or within an airport land use plan. The closest public or private airport facility to the project is the San Gabriel Valley Airport located approximately 10 miles to the northeast of the site in the City of El Monte. No impact would occur with regard to excessive airport noise. Impacts would be less than significant and no mitigation is required.
Mitigation Measuresv
To reduce potential noise levels from project construction activities, the project proponent shall:
NOI-1 Notify Residential Land Uses of Planned Construction Activities. This notice shall be provided at least two (2) weeks prior to the start of any construction activities, describe the noise control measures to be implemented by the project, and include the name and phone number of the designated contact for the project proponent and the City of Downey responsible for handling construction -related noise complaints (per MM NOI-5). This notice shall be provided to the owner/occupants of residential dwelling units within 500 feet of construction work areas.
NOI-2 Restrict Work Hours. All construction-related work activities, including material deliveries, shall be subject to the requirements of City Municipal Code Section 4.50.100. Construction activities, including deliveries, shall occur only during the hours of 7 AM to 7 PM Monday to Friday and 9 AM to 6 PM on Saturday. No construction is to occur on Sunday and holidays.
The project proponent representative and/or its contractor shall post a sign at all entrances to the construction site informing contractors, subcontractors, other workers, etc. of this requirement.
NOI-3 Construction Equipment Selection, Use, and Noise Control Measures . The following measures shall apply to construction equipment used at the project site:
a. Contractors shall use the smallest size equipment capable of safely completing work activities.
b. Construction staging shall occur as far away from residential land uses as possible given site and active work constraints.
c. Electric hook-ups shall be provided for stationary equipment (e.g., pumps, compressors, welding sets). If it is not feasible to provide an electric hook -up, the project proponent shall ensure mitigation measures 3a and 3d are implemented. d. All stationary noise generating equipment shall be shielded and located as far as possible from residential land uses given site and active work constraints. Shielding may consist of existing vacant structures or a three -or four-sided enclosure provided the structure/enclosure breaks the line of sight between the equipment and the receptor and provides for proper ventilation and equipment operation. e. Heavy equipment engines shall be equipped with standard noise suppression devices such as mufflers, engine covers, and engine/mechanical isolators, mounts, and be maintained in accordance with manufacturer’s recommendations during active construction activities.
f. Pneumatic tools shall include a suppression device on the compressed air exhaust.
v The project Noise Study recommended one mitigation measure (NOI-1) with five related actions. However, this document separates that one measure into five (NOI-1 through NOI-5) so the City will be better able to monitor implementation of the various required actions Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
Foster Bridge and Bluff Residential Project 89
City of Downey
g. No radios or other amplified sound devices shall be audible beyond the property line of the construction site.
NOI-4 Implement Construction Activity Noise Control Measures . The following measures shall apply to project construction activities:
a. Demolition: Activities shall be sequenced to take advantage of existing shielding/noise reduction provided by existing buildings or parts of buildings , and methods that minimize noise and vibration, such as sawing concrete blocks, prohibiting on-site hydraulic breakers, crushing or other pulverization activities, shall be employed during project construction.
b. Demolition, Site Preparation, Grading, and Foundation Work: During all demolition, site preparation, grading, and structure foundation work activities, a physical noise barrier shall be installed and maintained around the site perimeter to the maximum extent feasible given site constraints and access requirements. The noise barrier shall extend to a height of eight (8) feet above grade. Potential barrier options capable of reducing construction noise levels could include, but are not limited to:
i. A concrete, wood, or other barrier installed at -grade (or mounted to structures located at-grade, such as a K-Rail), and consisting of a solid material (i.e., free of openings or gaps other than weep holes) that has a minimum rated transmission loss value of 20 dB.
ii. Commercially available acoustic panels or other products such as acoustic barrier blankets that have a minimum sound transmission class (STC) or transmission loss value of 20 dB.
iii. Any combination of noise barriers and commercial products capable of achieving the required construction noise reductions of 20 dB during demolition, site preparation, grading, and structure foundation work activities.
The noise barrier may be removed following the completion of building foundation work (i.e., it is not necessary once framing and typical vertical building construction begins provided no other grading, foundation, etc. work is still occurring on -site).
NOI-5 Prepare a Construction Noise Complaint Plan. The project proponent shall prepare a Construction Noise Complaint Plan that shall:
a. Identify the name and/or title and contact information (including phone number and email) for a designated project and City representative responsible for addressing construction-related noise issues.
b. Includes procedures describing how the designated project representative will receive, respond, and resolve construction noise complaints. c. At a minimum, upon receipt of a noise complaint, the project representative shall notify the City contact, identify the noise source generating the complaint, determine the cause of the complaint, and take steps to resolve the complaint.
Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
90 Initial Study and Mitigated Negative Declaration
Public Review Draft November 2023
4.14 Population and Housing
Would the Project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Induce substantial unplanned
population growth in an area, either
directly (for example, by proposing
new homes and businesses) or
indirectly (for example, through
extension of roads or other
infrastructure)?
□ □ □
b) Displace substantial numbers of
existing people or housing,
necessitating the construction of
replacement housing elsewhere?
□ □ □
a) Less than Significant Impact. The project site currently contains a church and parking lot but has no residential units or residents. The project proposes 33 multi-family residential townhouse units within a gated community. According to the California Department of Finance, the City of Downey has 3.02 persons per household.34 Therefore, the project could generate approximately 100 additional residents in the City. According to the Southern California Association of Governments’ (SCAG) 2024 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), the number of households in the City is expected to increase by 1,500 units between 2016 and 2045 (from 32,600 to 324,100 units) or +4.6% as shown in Table 4.14-1 (SCAG Growth Projections for Downey). Similarly, the City’s population is expected to increase by 5,900 persons between 2016 and 2045 (113,300 to 119,200 persons) or +5.2%. The project represents approximately 2.2% of the total anticipated housing growth and 1.7% of the total anticipated population growth for the City over that time period. The new housing added by the project is well within the anticipated SCAG overall and annual growth projections for the City. Therefore, the project would not induce substantial unplanned population growth in the area. The project is not proposing any new expanded infrastructure that could accommodate additional growth in the area that is not already possible with existing infrastructure or beyond that anticipated by SCAG and the City.
Impacts would be less than significant and no mitigation is required.
Table 4.14-1
SCAG Growth Projections for Downey
Demographic 2016 2045 Total Growth1 Annual Growth2
Population 113,300 119,200 +5,900 persons
+5.2%
+204 persons
+0.18%/year
Housing 32,600 34,100 1,500 units
+4.6%
+255 units
+0.78%/year
Source: 2024 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), 1 difference between 2016 and 2045 figures divided by 2016 (beginning year) figure 2 total growth divided by number of years evaluated (2016 to 2045 or 29 years)
Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
Foster Bridge and Bluff Residential Project 91
City of Downey
b) No Impact. The project site is located in a largely residential area of the City. The project site currently contains a church and no residential structures or residents. The proposed project would demolish the church and add 33 multi -family townhouse units with an estimated occupancy of 100 persons. As demonstrated in Threshold 4.13.a above, the project would not add unplanned population or housing to the City and no existing residential units will be lost by project development. Therefore, the project will have no impacts regarding the loss of existi ng residences.
4.15 Public Services
Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environ mental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Fire protection? □ □ □
b) Police protection? □ □ □
c) Schools? □ □ □
d) Parks? □ □ □
e) Other public facilities? □ □ □
a) Less Than Significant Impact. Fire services in the City are provided by the Downey Fire Department (DFD). DFD has four fire districts each served by its own station. The project site is located in Fire District 3 and would be served by Fire Station #3 (9900 Paramount Boulevard), located approximately 1.1 miles south of the project site. The estimated response time from Station #3 to the project site is estimated to be approximately two minutes assuming an average speed of 35 miles per hour. Additionally, DFD has automatic aid agreements with the Cities of Santa Fe Springs and Montebello and the County of Los Angeles. The agreement provides coverage at fires by the closest unit regardless of the jurisdictional boundary.
The project site has an existing church that is within and served by the DFD. Once the project is occupied, the new townhouse neighborhood would continue to be served by DFD. As previously discussed in Section 3.14, Population and Housing, the project would result in a population of 100 residents but is not expected to induce substantial or unanticipated unplanned population growth in the City. The project site currently supports an existing church and it is likely calls for fire or emergency medical service to the townhouse project would incrementally increase compared to the existing church.
Due to its small size, it is anticipated that the project would be adequately served by existing DFD facilities, equipment, and personnel, and not result in a significant increase in the demand for DFD Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
92 Initial Study and Mitigated Negative Declaration
Public Review Draft November 2023
services. The DFD will derive a portion of property tax revenues from increased property taxes on the project site that will offset incremental demand for DFD services.
In addition, technical fire prevention activities such as building plan checks to make sure fire code requirements are met, proposed fire sprinkler systems, fire alarm systems, and compliance with emergency access and evacuation requirements would reduce the impacts associated with the proposed project. All site plans for the proposed project would, as part of the City of Downey’s standard review process, be subject to approval and site -specific conditions of approval to ensure compliance with all applicable fire code standards . No new or expanded fire protection facilities would be required as a result of this project because it will not induce a substantial population increase that was not anticipated under the City’s General Plan. Furthermore, the proposed project does not propose to use hazardous materials or engage in hazardous activities that would require new or modified fire protection equipment to meet potential emergency demand. Review of project plans and implementation of standard conditions of approval for fire protection are considered regulatory compliance and not unique mitigation under CEQA.
Therefore, project impacts associated with the construction or expansion of fire protection facilities would be less than significant and no mitigation is required.
b) Less Than Significant Impact. Police services in the City are provided by the Downey Police Department (DPD), except for properties owned by the County of Los Angeles in the southwest part of the City, which are patrolled by the Los Angeles County Sheriff’s Department. The DPD station at 10911 Brookshire Avenue would service the project site and is located approximately 1 mile to the northwest.
The estimated response times to service calls for DPD are 1 to 2 minutes for emergency calls and 5 to 8 minutes for nonemergency calls. DPD has 138 sworn officers and responds to an average of 1,000 service calls per month. Additionally, DPD has mutual ai d agreements with all cities in Los Angeles County, with the exception of the City of Los Angeles. The agreement establishes a reciprocal law enforcement status between other cities and the City of Downey (City of Downey 2005).
The project site is already within the DPD service area, and once operational, the project would continue to be served by DPD. As previously discussed in Section 3.14, Population and Housing, the project would result in 100 new City residents but would not induce substantial unplanned population growth in the City. The project site currently supports an existing church so calls for DPD services to the project site would likely increase in comparison to the existing condition. The proposed residential development would not result in any unique or more extensive crime problems that cannot be handled with the existing level of police resources. Overall, it is anticipated that the project wo uld be adequately served by existing DPD facilities, equipment, and personnel. The DPD will derive a portion of property tax revenues from increased property taxes on the project site that will help pay for D PD services.
Therefore, project impacts associated with the construction or expansion of police protection facilities would be less than significant and no mitigation is required.
c) Less than Significant Impact. The project site is served by the Downey Unified School District (DUSD). The project site is within the attendance areas of the three schools35 shown in Table 4.15-1 (Local School Enrollments), along with their enrollments over the past three school years36. Table 43.15- 1 indicates that State enrollment figures for DUSD have been declining for the past three years at the elementary level but have remained relatively constant over the past three years at the middle and high school levels. In addition, a comparison of the capacities of the schools serving the project area and their projected enrollments is shown in Table 4.15 -2 (School Capacities vs. Projected Enrollment). Table
4.15-2 indicates that the highest projected enrollment for the three project -area schools, as shown in the District’s 2022 Facility Master Plan37, is within each school’s estimated student capacity for at least the immediate future.
Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
Foster Bridge and Bluff Residential Project 93
City of Downey
Table 4.15-1
Local School Enrollments
School/Address Grades School Year Student Enrollment
2020-2021 2021-2022 2022-2023
Price Elementary School
9525 Tweedy Lane, Downey K-5 844 734 779
Griffiths Middle School
9633 Tweedy Lane, Downey 6-8 1,298 1,301 1,296
Warren High School
8141 De Palma Street, Downey 9-12 3,469 3,451 3,437
Total
Project Area
District-Wide
K-12
K-12
5,611
22,216
5,486
22,261
5,512
22,359
Source: DUSD website 2023, California Dept. of Education DataQuest database 2023
Table 4.15-2
School Capacities vs. Projected Enrollment
School/Address Grades
Estimated Number of Students
Estimated
Capacity
Lowest
Projected
Enrollment
Highest
Projected
Enrollment
Price Elementary School
9525 Tweedy Lane, Downey K-5 821 742 801
Griffiths Middle School
9633 Tweedy Lane, Downey 6-8 1,500 1,264 1,295
Warren High School
8141 De Palma Street, Downey 9-12 4,014 3,527 3,782
Total
Project Area
District-Wide
K-12
K-12
6,335
25,466
5,533
22,512
5,878
21,492
Source: DUSD website 2023, Table 17, DUSD Facility Master Plan 2022.
Development impact fees may be levied for residential construction, pursuant to Education Code Section 17620 and California Government Code Section 65995 and DUSD has currently established impact fees of $4.79 per square foot for residential development as of 2022. As stated in California Government Code Section 65996, payment of school impact fees in accordance with California Government Code Section 65995 and/or Education Code Section 17620 is deemed to constitute full and complete mitigation for potential impact s to schools caused by development. Payment of established development impact fees is considered full mitigation under CEQA. Since the proposed project involves a General Plan Amendment and Zone Change, the developer may also choose to enter into a voluntary negotiated fee agreement (called a “mutual benefit agreement”) in lieu of statutory developer fees. The impact fee process is considered regulatory compliance and not project mitigation under CEQA.
Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
94 Initial Study and Mitigated Negative Declaration
Public Review Draft November 2023
The City of Downey requires school impact fees to be paid to DUSD by the developer prior to issuance of building permits. These fees would help to fund future needs in the district with relation to the provision of new or physically altered District facilities. For these reasons, impacts related to the need for new school facilities as a result of implementing the proposed project would be less than significant with regulatory compliance.
d) Less Than Significant Impact. Demand for park and recreational facilities is generally the direct result of residential development. The City has approximately 117 acres of parkland in 12 park sites.
The closest City park to the project site is Treasure Island Park. This park has approximately 4.7 linear acres along the west side of the Rio Hondo Channel with turf, walking path, and a playground. This park is 800 feet east of the project site at the eastern end of South Bluff Road. Based on a 2020 population of 114,360 residents, the City provides its residents and workers with approximately 1.02 acres per thousand residents. In addition, there are County parks in the surrounding area that also provide recreational facilities and open spaces for the region.
The State Quimby Act recommends a ratio of 3.0 acres of parkland per thousand residents as a minimum standard for new development. As previously discussed in Section 3.14(a), Population and Housing, the project is expected to generate approximately 100 new City residents. Therefore, the proposed project should provide 0.3 acres of public parkland or pay the equivalent in in-lieu park DIF fees to the City to meet the Quimby Act standardvi. According to the project plans, the project proposes to provide a total of 6,958 square feet (0.16-acre) of private recreation/open space for its residents. This figure includes 2,569 square feet of “public” spaces (but only for project residents) and 4,389 square feet of private spaces such as uncovered private patio/yard spaces, covered private front porch space, and covered and uncovered decks. Since all of this recreational space is private, the project proponent would be responsible for paying the City’s established in-lieu park fee. The provision of adequate recreation and open space for project residents is considered regulatory compliance and not unique mitigation under CEQA.
The City’s Parks and Open Space Master Plan38 (2016) indicates that its park in-lieu fees have been minimal for several years which generally reflects largely built -out housing conditions in the City. With the project design and payment of the City’s in -lieu park fee, the project’s impacts regarding recreational facilities would be less than significant and no mitigation is required.
e) Less Than Significant Impact.
As previously mentioned in Section 3.14(a), Population and Housing, the project would add an estimated 100 residents to the City but would not induce substantial or unanticipated population growth in the City. Population growth as a result of the project is well within SCAG’s overall growth projections for the City and would not result in a substantial increase in population. As such, the project would result in an incremental but not substantial increase in patronage at libraries, community centers, and other public facilities. Therefore, impacts associated with other public facilities would be less than significant and no mitigation is required.
vi 33 townhomes X 3.01 persons/household or unit = 100 residents divided by 3 acres/1000 residents = 0.3 acre for the proposed p roject Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
Foster Bridge and Bluff Residential Project 95
City of Downey
4.16 Recreation
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Would the project increase the use of
existing neighborhood and regional
parks or other recreational facilities
such that substantial physical
deterioration of the facility would
occur or be accelerated?
□ □ □
b) Does the project include recreational
facilities or require the construction
or expansion of recreational facilities
which might have an adverse
physical effect on the environment?
□ □ □
a) Less than Significant Impact. See discussion in Threshold 4.15(d). The City has 117 acres of parkland in 12 parks. The closest park to the project site is Treasure Island Park with 4.7 linear acres along the west side of the Rio Hondo Channel . The project is expected to generate approximately 100 new City residents, so the proposed project should provide 0.3 acres or 13,068 square feet to meet the Quimby Act standard (3 acres per thousand residents). The project proposes a total of 6,958 square feet (0.16-acre) of private recreation/open space for its residents and the Quimby Act requirement would be 0.3 acre of public recreation/open space. The project proponent would thus be responsible for paying the City’s in-lieu park fee. The provision of adequate recreation and open space for project residents is considered regulatory compliance and not unique mitigation under CEQA.
Since the project has only a small amount of internal recreational area, it is likely project residents will use Treasure Island Park as well as other City parks for recreational activities. The City of Downey maintains and operates the existing neighborhood parks and the County maintains and operates regional parks and other recreational facilities in the surrounding region. The small number of new residents would only represent an incremental increase in local and regional park use. The project will pay the City’s in-lieu park fee for the difference of onsite vs. required park and open space land as noted above. It is not likely such incremental use would result in the need to reconstruct or upgrade existing park facilities. Therefore, impacts would be less than significant with payment of the City’s in -lieu park fee.
b) Less than Significant Impact. As discussed in Section 4.16(a) above, the project is expected to generate approximately 100 new City residents . The proposed project should provide 0.3 acres or 13,068 square feet to meet the Quimby Act standard. The project proposes a total of 6,958 square feet (0.16-acre) of recreation/open space for its residents and the Quimby Act requirement would be 0.3 acre of recreation/open space. The applicant would thus be responsible for paying the City’s in -lieu park fees to cover the difference. The provision of adequate recreation and open space for project residents is considered regulatory compliance and not unique mitigation under CEQA. The project does not include removal of any existing City of Downey recreational facility or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment.
Therefore, impacts would be less than significant and no mitigation is required.
Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
96 Initial Study and Mitigated Negative Declaration
Public Review Draft November 2023
4.17 Transportation and Traffic
Would the Project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Conflict with program plan, ordinance
or policy addressing the circulation
system, including transit, roadway,
bicycle and pedestrian facilities?
□ □ □
b) Would the project conflict or be
inconsistent with CEQA Guidelines
section 15064.3, subdivision (b)? □ □ □
c) Substantially increase hazards due
to a geometric design feature (e.g.,
sharp curves or dangerous
intersections) or incompatible uses
(e.g., farm equipment)?
□ □ □
d) Result in inadequate emergency
access? □ □ □
A Vehicle Miles Traveled (VMT) Screening Assessment39 was prepared for the proposed project by the Ganddini Group dated November 15, 2023 (Appendix G). The information in this section is largely taken from that assessment.
a) Less than Significant Impact. Prior to the passage of California Senate Bill 743 (SB 743) in 2013, the analysis of transportation impacts in CEQA documents was Level of Service (LOS) or congestion on public streets and intersections. This type of analysis was to assure the local street grid network functioned well and allowed for efficient movement of vehicles. The current focus of traffic analyses for CEQA is to encourage active transportation (e.g., pedestrians, bicyclists, etc.) and transit, and to limit increases in Vehicle Miles Traveled (VMT) to better balance traffic on a regional basis. An important part of this analysis is to determine if a proposed action is consistent with both the vehicular and non-vehicular aspects of the Circulation Element of the General Plan.
Pedestrian Access
The streets adjacent to the project site, Suva Street, Foster Bridge Boulevard, and South Bluff Road, all have sidewalks on both sides of the street. Project construction will include constructing new sidewalks along the project frontage of these adjacent streets. Therefore, project impacts on pedestrian access will be less than significant and no mitigation is required.
Bicycle Access
According to Exhibit 2.6-1 in the City’s Master Plan of Parks and Open Space 38, the City has a network of Class II and Class III bike lanes within the City, and there are also regional Class I bike paths along the San Gabriel River and Rio Hondo channels bordering the City to the southeast and northwest, respectively. There is currently a Class III bike lane along Suva Street (adjacent to Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
Foster Bridge and Bluff Residential Project 97
City of Downey
the project site) that runs from the City limit just west of the site east to Paramount Boulevard. This bike lane then connects to another Class III bike lane along Tweedy Lane/Rivers Avenue to the southwest. These two bike lanes then connect to other bike lanes throughout the City. The project will not remove or have any impacts on existing bicycle lanes. Therefore, impacts will be less than significant and no mitigation is required.
Transit Services
Transit services are provided within the City of Downey and to the Los Angeles region by the Los Angeles County Metropolitan Transportation Authority40 (MTA or Metro). The following Metro bus lines are located within a mile of the project site:
• Route 110 operates along Garfield Avenue in the vicinity of the project site. At its closest this line is 0.75 mile northwest of the site;
• Route 111 operates along Florence Boulevard in the vicinity of the project site. At its closest this line is 0.6 mile southwest of the site; and
• Line 265 along Paramount Boulevard in the vicinity of the project site. At its closest this line is 0.7 mile southeast of the site.
The closest bus stops are located on Garfield Avenue near Loveland Street serving Line 110, on Florence Avenue near Scout Avenue serving Route 111, and on Paramount Boulevard at Suva Street serving Line 265. Development of the project would not conflict with the existing bus routes or bus stops. Impacts to transit would be less-than-significant.
In addition, Metrolink41 commuter rail service to the City is available via the C Line (formerly the “Green Line”) at the Lakewood Boulevard Station located approximately 3.6 miles south of the project site, as well as the Norwalk Station located approximately 4 miles southeast of the project site.
Therefore, the project will not conflict with the program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities. Impacts will be less than significant and no mitigation is required.
b) Less than Significant Impact. Following the passage of California Senate Bill 743 (SB 743) in 2013, the State of California’s Governor’s Office of Planning and Research (OPR) was tasked with developing new guidelines for evaluating transportation impacts under CEQA. These guidelines were intended to shift the performance metric from automobile d elay and level of service (LOS) to one that would promote the reduction of greenhouse gas emissions and the development of multimodal and diverse transportation networks. As a result, OPR determined that the CEQA guidelines would use vehicle miles traveled (VMT) as the primary metric for evaluating environmental and transportation impacts. In December 2018, OPR published the revised CEQA Guidelines incorporating the transition to VMT, along with the Technical Advisory on Evaluating Transportation Impacts in CEQA (December 2018) to assist with the implementation of the revised CEQA Guidelines.
In 2020, the County of Los Angeles adopted the Los Angeles County Transportation Impact Analysis Guidelines 42 based on OPR’s Technical Advisory. The City of Downey has not established VMT analysis guidelines at this time; therefore, the project VMT impact has been assessed based on available guidance from the County of Los Angeles, OPR Technical Advisory, and consideration of implementation policies established by other jurisdictions in the Southern California region.
Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
98 Initial Study and Mitigated Negative Declaration
Public Review Draft November 2023
Trip Generation
The VMT Assessment estimated trip generation for the existing church and proposed residential uses based upon trip generation rates obtained from the Institute of Transportation Engineers (ITE) Trip Generation Manual43 Based on review of the ITE land use descriptions, trip generation rates for Church (ITE Land Use Code 560) and Multi-Family Housing (Low-Rise) (ITE Land Use Code 220) were determined to best represent the existing land use and proposed project uses in terms of trip generation forecasts. The VMT Assessment determined the existing land use generates approximately 64 daily trips, including 3 trips during the AM peak hour and 4 trips during the PM peak hour. In addition, the proposed project will generate approximately 222 daily trips, including 13 trips during the AM peak hour and 17 trips during the PM peak hour. When combined, the proposed project will result in a “net” increase of approximately 158 additional daily trips compared to the existing use, including 10 additional trips during the AM peak hour and 13 additional trips during the PM peak hour - see Table 4.17-1 (Project Trip Generation). As shown in Table 4.17-1, the proposed project will result in a “net” generation of 10 AM Peak Hour trips, 13 PM Peak Hour trips, and 158 total daily trips.
Table 4.17-1
Project Trip Generation
Land Use1
Trips Generated
AM Peak Hour PM Peak Hour Daily In Out Total In Out Total Existing 2 1 3 2 2 4 64
Proposed 3 10 13 11 6 17 222
Net New Trips +1 +9 +10 +9 +4 +13 +158
Source: Table 3, Ganddini Group, 2023
1 Existing land use is church (ITE 560) while proposed use is 33 townhomes (ITE 220)
VMT Screening Assessment
According to the LA County TIA Guidelines, certain types of projects, because of their size, nature, or location, are exempt from the requirement of preparing a traffic impact analysis. The County Guidelines establish screening thresholds for certain types of projects that may be presumed to cause a less than significant VMT impact based on substantial evidence provided in OPR’s 2018 Technical Advisory. The County TIA Guidelines specify the following four screening steps: 1) Non -Retail Project Trip Generation Screening; 2) Retail Project Site Plan Screening; 3) Proximity to Transit Based Screening; and 4) Residential Land Use Based Screening. The VMT Screening Assessment evaluated the proposed project and found that, for various reasons, it did not meet any of the four screening criteria.
Daily Trip Thresholds
During the project evaluation of LA County VMT Screening Thresholds, the VMT Assessment noted that the County’s non-retail trip generation threshold was based on extrapolation of categorical exemption criteria rather than consideration of the actual potential for VMT impacts and is very low compared to historical screening thresholds for determining the need to prepare a traffic impact analysis. Historically, the County of Los Angeles, and subsequently the City of Downey, used a trip generation threshold of peak hour trips for determining the need to prepare a traffic impact analysis.
For residential uses, 50 peak hour trips would roughly equate to 500 daily trips. Accordingly, several jurisdictions in the region have developed higher daily trip thresholds for small projects based on the intent and stated goals of SB 743 to reduce greenhouse gas (GHG) emissions.
Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
Foster Bridge and Bluff Residential Project 99
City of Downey
The VMT Assessment found a number of other jurisdictions in the region that have established their own daily trip thresholds for screening small residential projects. The daily trip thresholds of these sample jurisdictions generally range from 250 to 500 daily trips, as shown in Table 4.17-2 (Daily Screening Thresholds Established by Other Jurisdictions in the Region). It must be noted that the OPR Technical Advisory recommended thresholds are based on the Categorical Exemption for 10,000 square foot additions to existing structures; from this, the OPR Technical Advisory calculated a 110 daily trip threshold based on 10,000 square feet of office use. There are many uses, however, that would result in substantially higher trips than the 110 daily trip threshold recommended by the OPR Technical Advisory.
Based on the intent and stated goals of SB 743 to reduce greenhouse gas (GHG) emissions, some jurisdictions have adopted daily trip thresholds based on GHG emissions rather than extrapolation of categorical exemption criteria. For example , the City of Redlands CEQA Assessment VMT Analysis Guidelines and County of Riverside Transportation Analysis Guidelines for Level of Service [and] Vehicle Miles Traveled (December 2020) include the documentation used to establish substantial evidence for GHG emissions-based trip thresholds for screening small projects (see Attachment A in Appendix A).
In addition, the South Coast Air Quality Management District (SCAQMD) threshold of 3,000 metric tons of carbon dioxide emissions (MTCO2e) per year is the most stringent GHG threshold in the region, the City of Redlands and County of Riverside have established small project thresholds by evaluating the significance of mobile source emissions associated with VMT generated by various land uses using the California Emissions Estimate Model (CalEEMod). Table 4.17-2 (Range of Local Daily Trip Screening Thresholds in the Region), shows a number of jurisdictions in the region have thresholds for small multi - family residential projects that range from 250 -500 average daily trips or 147-299 units. In either case, the proposed project is below any of these locally established standards.
In addition, the VMT Assessment presented the results of a similar GHG-based emissions analysis for a multi-family housing (low-rise) project in the City of Downey (similar to the proposed project) using the updated ITE Trip Generation Manual trip generation rates and CalEEMod defaults (see Air Quality, Greenhouse Gas, and Energy Analysis5- Appendix A). Table 4.17-3 (Daily Trip Threshold that Exceed the GHG Emissions Threshold) estimates it would take approximately 321 dwelling units of low-rise multi-family housing to generate 2,164 daily trips that would exceed the GHG emissions threshold established by the SCAQMD. Therefore, multi-family housing (low-rise) projects with 320 dwelling units or less, like the proposed project, would not exceed the SCAQMD threshold for GHG emissions and could be presumed to result in a less than significant VMT impact using the GHG emissions approach for establishing daily trip thresholds for small projects.
It is noted that the analysis and thresholds shown in Tables 4.17 -2 and 4.17-3 are not intended to establish policy or precedent for the City of Downey, but rather to demonstrate potential screening criteria in light of those established by other jurisdictions in the region. For purposes of this analysis, the proposed project would result in a less than significant VMT impact using a daily trip threshold of 250 daily trips which is at the low end of the thresholds adopted by the other jurisdictions reviewed as shown in Table 4.17-2.
The VMT Assessment concluded the proposed project will generate fewer than 250 new daily trips (gross or net). Based on review of the daily trip screening thresholds for small projects established by other jurisdictions in the region and taking into account the evaluation of GHG emissions thresholds established by SCAQMD, the proposed project will have a less than significant VMT impact and no mitigation is required.
Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
100 Initial Study and Mitigated Negative Declaration
Public Review Draft November 2023
Table 4.17-2
Range of Local Daily Trip Screening Thresholds in the Region Jurisdiction Local Daily Trip Screening Threshold
Average Daily Traffic Dwelling Units
City of Los Angeles 250 --
City of Irvine 250 --
City of Newport Beach 300 --
City of Long Beach 500 --
City of Perris 500 ---
City of Redlands1
Multi-Family (low rise)
Multi-Family (mid-rise)
370 – 4,243
--
--
232
299
County of Riverside1
Multi-Family (low rise)
Multi-Family (mid-rise)
--
--
147
194
Proposed Project (Downey)2 158 33
Source: Table 4, Ganddini 2023
1 Emissions would not exceed SCAQMD threshold of 3,000 MTCO2e emissions per year based on CalEEMod analysis 2 Net trips based on analysis in Table 4.7-1
Table 4.17-3
Daily Trip Threshold that Exceeds the GHG Emissions Threshold Land Use Quantity1
Total
CO2e
(MT/yr)2
CO2e
Threshold
(MT/yr)
Daily
Trip
Rate3
Size that
Triggers
Threshold
Daily Trips
that
Trigger
Threshold
Condo/Townhouse 100 DU 955 3,000 6.74 321 DU 2,164
Source: Table 5, Ganddini Group, 2023
c) No Impact. A significant impact would occur if the project substantially increased an existing hazardous design feature or introduced incompatible uses to the existing traffic pattern. It should first be noted the street layout around the project site is somewhat unusual in that two adjacent collector streets (Suva Street and Foster Bridge Boulevard) are separated at the southern end of the site by a small segment of a third street (South Bluff Road). This alignment results in a skewed intersection with 5 approaches instead of the typical 4 approaches. In addition, instead of all the approaches being at 90o to each other, 3 approaches are at approximately 60o and two approaches are at 120o. However, the intersection does have 4-way stop control which allows this intersection to operate in an acceptable manner even with the additional skewed approach (see Exhibit 2 to see the skewed nature of this intersection).
The project proposes a gated entry with a 26 -foot driveway at the north end of the site from Foster Bridge Boulevard, and an “emergency vehicle access” (EVA) with a gate and Knox box for emergency responder access if needed at the south end of the project at Suva Street. These two access points will be connected by a slightly curved 26-foot wide drive aisle.
The design of the project access points and onsite road comply with all applicable City regulations.
Furthermore, the project does not involve changes in the alignments of Suva Street, Foster Bridge Boulevard, or South Bluff Road, nor does it create hazardous geometric design features.
Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
Foster Bridge and Bluff Residential Project 101
City of Downey
The project would not construct any new roadways, modify any existing roadway or intersection geometries (i.e., the skewed intersection was a pre-existing condition), or result in temporary road closures during construction or any permanent road closures. Any and all site adjacent road or intersection improvements required are within the public right-of-way and would be required to comply with standards set forth by the City to ensure that the project does not introduce an incompatible design feature that would impede operations on project-adjacent roadways or intersection(s). Therefore, no impact would occur and no mitigation is required.
d) Less than Significant Impact. A significant impact would occur if the design of the project would not satisfy emergency access requirements of the Downey Fire Department or Police Department, or in any other way threaten the ability of emergency vehicles to access and serve the project site or adjacent uses. As discussed above, access to the project site is proposed via two 26-foot wide driveways - one a public gated access to Foster Bridge Boulevard and one for emergency vehicles only to Suva Street.
The driveway widths are sufficient to provide access to fire and emergency vehicles are consistent with the California Fire Code requiring a minimum of 18 feet. All access features are subject to and must satisfy the City of Downey design requirements, including the Fire Department’s requirements.
Therefore, the project would result in less than significant impacts with regard to emergency access and no mitigation is required.
4.18 – Tribal Cultural Resources
Would the project 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 Cultural Native American tribe, and that is:
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Listed or eligible for listing in the
California Register of Historical
resources, or in a local register of
historical resources as defined in
Public Resources Code Section
5020.1(k), or
□ □ □
b) 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.
□ □ □
Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
102 Initial Study and Mitigated Negative Declaration
Public Review Draft November 2023
a) Less than Significant Impact with Mitigation Incorporated. A significant impact would occur if the proposed project would cause a substantial adverse change in the significance of a tribal cultural resource (TCR) listed or eligible for listing in the California Resources of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k). When available, results of the cultural resources records research conducted at the South -Central Coastal Information Center (SCCIC), a part of the California Historical Resources Information System (CHRIS), are expected to confirm that there are no known tribal cultural or historic resources within the project boundaries, and possibly even up to a one-half mile radius from the project site.
A Cultural Resources Assessment (CRA) was prepared for the project site by CRM TECH dated October 13, 2023 that included archival archaeological research (Appendix C). In addition, the Gabrieleno Band of Mission Indians - Kizh Nation has indicted the project area has a definite potential to contain tribal cultural resources (TCRs) as stated in their consultation correspondence (Appendix I):
“Due to the project site being located within and around a perennial Community (Suvangna ,Nakaungna), adjacent to sacred water courses and major traditional trade routes, there is a high potential to impact Tribal Cultural Resources still present within th e soil from the thousands of years of prehistoric activities that occurred within and around these Tribal Cultural landscapes.
Therefore, to avoid impacting or destroying Tribal Cultural Resources that may be inadvertently unearthed during the project's ground disturbing activities and pursuant to our consultation, we have provided to the Lead Agency substantial evidence that the proposed project may have a significant impact on our TCRs.”
As discussed in Section 4.5, Cultural Resources, Mitigation Measure CUL-1 was recommended to address potential impacts to archaeological resources but Mitigation Measures TCR -1 through TCR-3 were specifically recommended by the Gabrieleno Band of Mission Indians - Kizh Nation to help prevent any adverse changes in the significance of a tribal cultural or historical resource as defined in CEQA §15064.5. With the recommended mitigation measures (i.e., CUL-1 and TCR-1 through TCR-3), potential impacts to TCRs are reduced to less than significant levels.
b) Less than Significant Impact with Mitigation Incorporated. Government Code §§ 65352.3 and 65562.5 (SB 18); and Public Resources Code §§ 21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21083.09, 21084.2, and 21084.3 (AB 52) provide that a project that may cause a substantial adverse change to a defined Tribal Cultural Resource (TCR) can result in a significant effect on the environment.
AB 52 requires tribes interested in development projects within a traditionally and culturally aff iliated geographic area to notify a lead agency of such interest and to request notification of future projects subject to CEQA prior to determining if a negative declaration, mitigated negative declaration, or environmental impact report is required for a project. The Lead Agency is required to notify tribes within 14 days of deeming a development application complete subject to CEQA to notify the requesting tribe as an invitation to consult on the project. AB 52 identifies examples of mitigation measures that would avoid or minimize impacts to TCR. The bill makes the above provisions applicable to projects that have a notice of preparation or a notice of intent to adopt a negative declaration/mitigated negative declaration circulated on or after July 1, 2015.
Section 4.5(b), Cultural Resources, indicates that according to the General Plan1 and the CRA13, the project area has no facilities that satisfy any of the criteria for a historic resource defined in CEQA Guidelines Section 15064.5. However, the onsite church building was constructed from the late 1950’s to 1989, so CRM TECH considered it possible that structure may have historical value. Therefore, CRM TECH undertook a preliminary evaluation of the church building and determined it did not meet any established criteria for historical resources under CEQA. As previously stated, CRM TECH concluded the site did not have any structures or resources eligible for listing in the National or California Registers Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
Foster Bridge and Bluff Residential Project 103
City of Downey
under any of the significance criteria. Therefore, the project would not result in an adverse change in the significance of a historical resource as defined in CEQA Section15064.5.
Although there is no indication of TCRs on or in the immediate vicinity of the project site, AB 52 is clear in stating that it is the responsibility of the Public Agency (i.e., Lead Agency) to consult with Native American tribes early in the CEQA process to allow tribal governments, lead agencies, and project proponents to discuss the appropriate level of environment review, identify and address potential adverse impacts to TCRs, and reduce the potential for delay and conflict in the environmental review process (see Public Resources Code Section 2108.3.2). Specifically, governmen t-to-government consultation may provide “tribal knowledge” of the project area that can be used in identifying TCRs that cannot be obtained through other investigative means.
In addition, projects that involve a General Plan Amendment (such as the proposed project) also require separate or combined notification in compliance with SB 18. Th at law requires a 90-day review period in which the local tribal group representatives have to indicate if they want to consult on a particular development project.
The City of Downey submitted AB 52 notifications on May 1, 2023 and SB 18 notifications on August 7, 2023 to the following tribal governments that have traditional/cultural habitation or resources in the project area:
• Gabrieleno Band of Mission Indians - Kizh Nation (Andrew Salas, Chairperson) • Gabrieleno/Tongva San Gabriel Band of Mission Indians (Anthony Morales, Chairperson) • Gabrielino Tongva Indians of California Tribal Council (Robert Dorame, Chairperson) • Gabrielino /Tongva Nation (Sandonne Goad, Chairperson ) • Gabrielino-Tongva Tribe (Charles Alvarez)
The AB 52 and SB 18 notices were submitted to tribal cultural representatives via emailed letters instead of certified mail as recently agreed to by the local tribal representatives (Appendix I). The City received one response letter from the Gabrieleno Band of Mission Indians - Kizh Nation (GBMI-KN) which recommended mitigation language but did not identify any tribal cultural resources actually on the project site. At the time this IS/MND was circulated for public review, the tribal notification periods for both AB 52 and SB 18 had closed (September 6, 2023 and July 30, 2023, respectively). The City has received no other responses from the Native American community concerning the proposed project.
However, despite the heavy disturbances of the project area that may have displaced or destroyed archaeological resources relating to TCRs on the surface, local tribal groups including GBMI-KN consider it still possible that intact tribal cultural resources exist at depth. Therefore, Mitigation Measure CUL-1 outlined in Section 4.5, Cultural Resources, and Mitigation Measures TCR-1 through TCR-3 outlined in this section, are recommended to address the potential for any previously undiscovered archaeological and tribal cultural resources encountered during project grading. Incorporation of these mitigation measures will ensure that potential impacts to buried TCRs are less than significant through requirements for halting work (if necessary), allowing for monitoring of grading by an archaeologist and tribal monitors, evaluation, salvage, curation, and reporting . It should be noted the following mitigation measures were recommended in correspondence received from the GBMI-KN during the project’s Native American consultation period.
Mitigation Measures
TCR-1 Tribal Monitor. The project applicant/lead agency shall retain a Native American Monitor from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation. The monitor shall be retained prior to the commencement of any “ground -disturbing activity” for the Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
104 Initial Study and Mitigated Negative Declaration
Public Review Draft November 2023
subject project at all project locations (i.e., both on -site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). “Ground -disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.
A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the commencement of any ground -disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity.
The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon written request to the Tribe.
On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve ground -disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or development/con struction phase at the project site possesses the potential to impact Kizh TCRs.
TCR-2 Unanticipated Discoveries. Upon discovery of any Tribal Cultural Resources (TCRs), all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes.
TCR-3 Human Remains. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness.
Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. A ny discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.
Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
Foster Bridge and Bluff Residential Project 105
City of Downey
4.19 – Utilities and Service Systems
Would the Project:
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Require or result in the relocation or
construction of new or expanded
water, wastewater treatment or storm
water drainage, electric power,
natural gas, or telecommunications
facilities, the construction or
relocation of which could cause
significant environmental effects?
□ □ □
b) Have sufficient water supplies
available to serve the Project an d
reasonably foreseeable future
development during normal, dry and
multiple dry years?
□ □ □
c) Result in a determination by the
wastewater treatment provider which
serves or may serve the Project that
it has adequate capacity to serve the
Project’s Projected demand in
addition to the provider’s existing
commitments?
□ □ □
d) Generate solid waste in excess of
State or local standards, or in excess
of the capacity of local infrastructure,
or otherwise impair the attainment of
solid waste reduction goals?
□ □ □
e) Comply with federal, state, and local
management and reduction statutes
and regulations related to solid
waste?
□ □ □
a) Less than Significant Impact. The project would require water, wastewater collection and treatment, storm water drainage, electrical power, natural gas, and telecommunication services. An analysis of impacts related to these services is provided below.
Water
A Water Demand Study44 was prepared for the project by Alan Short, PE dated May 8, 2023. The project site currently contains a church, parking lot, and landscaping. The proposed project would include the development of 33 condominium units and would increase the intensity of uses on the project site, resulting in increased water use. For this analysis, all of the project water use was considered new and Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
106 Initial Study and Mitigated Negative Declaration
Public Review Draft November 2023
no deduction or reduction was calculated for existing water use by the church. Therefore, the following are conservative estimates for project water use. As discussed in Section 3.10(b), the project would increase the amount of impervious surfaces on the project site from 78 to 87 percent. Pursuant to the City’s Municipal Code Section 5707, the project has prepared a Low Impact Development (LID) plan to comply with City efforts to retain stormwater runoff generated from new construction projects.
The project Water Demand Study assumed 33 multi-family residential units with 3-bedrooms each and with a maximum occupancy of 6 persons per unit. Expected water demand could either be 200 gallons per day (gpd) per bedroom or 48 gpd per person. Therefore, the Water Study used the higher daily rate (per bedroom) which indicated the project would consume 19,800 gpd of water per day which is equivalent to 196 gpd per person per day. The Water Study estimated the project would consume 7.2 million gallons per year or 22.2 acre-feet/year (AFY)vii.
The project site is within the water service boundaries of the City which is responsible for the production and distribution of the City's water supply and the maintenance of all water system facilities. The City had 23,631 connections in 2020 and supplied 14,449 acre-feet (AF) of water that year. According to the City’s 2020 Urban Water Management Plan (UWMP), the reliable quantities of projected water supply and demand for Year 2025 through Year 2045 are shown in Table 4.19-1 (Projected City Water Demand and Supply), from the UWMP. Table 4.19-1 indicates that water demand is projected to increase by
3.6% over the next 20 years, while water supplies are projected to increase by 4.1% over the same period. The projection of supplies assumes no imported water from CBMWD is purchased but use of recycled water from CBMWD is expected to increase by 16.4% over that time period. The proposed project’s annual water consumption of 1,349,303 gallons per year equals 4.1 acre -feet/year which represents 0.025% of the projected water supply in the City by 2025 and 0.024% by 2045. According to the UWMP supply/demand data in Table 4.19 -1, the estimated water consumption of the proposed project is well within the Utility Division’s projected water supply for 2025 and 2045 and would not, therefore, significantly impact existing water service.
Table 4.19-1
Projected City Water Demand and Supply (acre-feet/year) Water Users1/Supplies 2025 2030 2035 2040 20451 2020-2045 Demand2
Single Family 7,573 7,637 7,704 7,774 7,842 +3.5%
Multi-Family 3,204 3,233 3,261 3,290 3,319 +3.6%
Commercial 2,701 2,725 2,749 2,773 2,797 +3.6%
Industrial 759 766 773 779 786 +3.6%
Government 429 433 437 440 444 +3.5%
Landscape 143 145 146 147 148 +3.5%
Losses 892 900 908 916 924 +3.6%
Other 128 130 131 132 133 +3.9%
Sub-Total 15,828 15,969 16,109 16,251 16,393 +3.6%
Supplies3
Groundwater-Central Basin 15,829 15,969 16,109 16,251 16,393 +3.6% Imported Water-CBMWD 0 0 0 0 0 0
Recycled Water-CBMWD 730 770 815 850 850 +16.4%
Sub-Total 16,559 16,739 16,924 17,101 17,243 +4.1%
Difference (supply/demand) +731
+4.6%
+770
+4.8%
+815
+5.1%
+850
+5.2%
+850
+5.2%
--
+0.5%
Source: Tables 4-2 and 6-9, UWMP 2022
1 UWMP lists 2045 as an “optional” calculation
vii One AF = approx. 326,000 gallons
Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
Foster Bridge and Bluff Residential Project 107
City of Downey
2 Retail use for potable and non-potable water not including recycled water demand 3 Represents the “reasonably available volume” for each supply category
The Water Study and project plans indicate the project will connect to an 8 -inch water line in Suva Street and a 10-inch water line in Foster Bridge Boulevard.
The project site would be developed in compliance with the California Green Building Code which implements water efficiency standards for appliances and fixtures that further reduce project water usage. For these reasons, the proposed project would not require or result in the construction of new water facilities. Impacts would be less than significant and no mitigation is required.
Wastewater
The proposed project would generate sewage which would be collected by the City’s local sewer pipe system45 and transferred to the Sanitation Districts of Los Angeles County (SDLAC) for treatment and disposal. The City’s Public Works Department, through its Utilities Division, manages the City’s local sewer collection system which delivers local sewage to larger sewer trunk lines managed by the SDLAC. The wastewater is then treated and discharged by SDLAC facilities.
The City is located within the jurisdictional boundaries of SDLAC District No. 2. The County operates 11 wastewater treatment facilities, 10 of which are classified as water reclamation plants. Wastewater generated by the City is treated at the Joint Water Pollution Control Plant (JWPCP) in Carson. Serving over 4.8 million residents, businesses and industries, the JWPCP currently provides primary and secondary treatment with a design capacity of 400 million gallons per day (MGD) of wastewater and currently treats an average of 260 MGD. All solids from the Joint Outfall System are processed at this plant and anaerobically digested to produce methane gas. The methane gas is then burned in the Total Energy Facility to produce enough electrical power to run the entire plant. After treatment, the effluent is chlorinated and discharged offshore through two ocean outfalls46.
A Sewer Study prepared for the project indicated it would generate a sewage flow of 0.02 cubic feet per second (cfs) (Appendix J). These wastes can be accommodated by the existing 10-inch line in Suva Street just south of the site. In addition, the CalEEMod air quality computer model estimate d the project would generate approximately 5,371 gallons of wastewater per day or 0.005 MGD (see Attachment A in Appendix J). This amount of wastewater represents much less than 0.0017% of the 260 MGD daily treatment volume of the JWPCP.
Although the proposed project would include construction of onsite water and wastewater distribution and collection facilities necessary to serve the development (i.e., pipes, valves, meters, etc.), Los Angeles Regional Water Quality Control Board wastewater treatment requirements , as well as State Water Resources Control Board Division of Drinking Water potable water treatment requirements , are more applicable to the service providers rather than the proposed project itself.
The City Public Works Department, through its Utilities Division, and the SCLAC are required to treat wastewater in accordance with federal, state and local regulations. For example, sewage generated by the proposed project would be treated in accordance with applicable waste discharge requirements prior to being discharged. Both the City of Downey and the County of Los Angeles are subject to compliance with State Water Resources Control Board Order No. 2006 -0003-DWQ, Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, as amended. State Water Resources Control Board Order No. 2006-0003-DWQ establishes performance criteria and effluent limitations to ensure that treated effluent discharges do not violate basin plan objectives for receiving waters. The order ensures that the City and the SDLAC properly maintain and manage sewer systems and reduce Exhibit E (Attachment C)
4 – Evaluation of Environmental Impacts
108 Initial Study and Mitigated Negative Declaration
Public Review Draft November 2023
frequency and severity of sanitary sewer overflows and their potential impacts on public health, safety, and the environment. The water and sewer fees paid by the project proponent would be used by the utility providers, at least in part, to fund projects and programs necessary to meet their regulatory obligation with respect to treatment requirements, treatment capacity, and supply reliability.
Based on the above, the potential impact with respect to wastewater treatment requirements would be less than significant and no mitigation is required.
Stormwater
Construction of the proposed project would increase the net area of impervious surfaces on the site; therefore, increased discharges to the City’s existing storm drain system would likely occur. As described under Sections 4.10(a) and 4.10(c), the drainage patterns of the site would not subs tantially change relative to existing conditions. The existing church on the project site would be replaced with 33 condominium units and associated pavement, parking, and landscaping. If not controlled, runoff from the developed site would result in increased potential water contamination from urban pollutants that are commonly found in surface parking lots, ornamental landscape planters , and from atmospheric buildup on rooftops.
After onsite water treatment, the proposed project would drain toward Suva Street and Foster Bridge Boulevard to the City’s existing storm drain system.
In accordance with the current Los Angeles Municipal NPDES permit, the project proponent would be required to prepare and comply with a Low Impact Development (LID) Plan (Appendix F) which would reduce the peak volume of stormwater runoff discharged into the City’s storm drain system and would ensure that stormwater is retained onsite to the extent feasible. As such, the proposed project would not require the construction or expansion of off -site storm water drainage facilities, as the project would not contribute a substantial amount of new stormwater runoff relative to existing conditions. Impacts would be less than significant and no mitigation is required.
Electric Power
The project site would be serviced by Southern California Edison (SCE). The project site would connect to the existing power grid via existing underground lines within the Suva Street and Foster Bridge Boulevard rights-of-way. New electrical connections to the project site would be installed via underground lines. Although the project would require new electrical line tie-ins for service, it would not result in the need for new electrical substations or electrical generating facilities. SCE conditions of service would apply to the proposed project which is considered regulatory compliance and not mitigation under CEQA. Therefore, the project would have a less than significant impact on electric systems and no mitigation is required .
Natural Gas
The Southern California Gas Company (Gas Company) provide s natural gas services to the project area. However, the project is proposed to be all-electric so it will have no impacts on natural gas supplies or service.
Telecommunication Facilities
The project site is supported by telecommunication services for a variety of providers. Cable and wireless telephone services are provided to the City by Verizon. Fiber optic cables and high-speed Exhibit E (Attachment C)
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City of Downey
connections for television and internet services are provided to the City by Time Warner. The project site would be required to comply with all Federal, State , and local regulations for installation and wiring of telecommunications to the project. With adherence to existing City and state Electrical, Building and Safety code requirements, the project would have a less than significant impact on telecommunications facilities and no mitigation is required .
b) Less than Significant Impact. As discussed in Section 4.18(a), the proposed project operation is anticipated to require approximately 7,164 gallons of water per day, or 8.0 AFY. The proposed project would connect to municipal water service provided by the City ’s Public Works Department through its Utilities Division. Water Code Section 10910-10915 requires the preparation of a water supply assessment (WSA) demonstrating sufficient water supplies for any subdivision that involves the construction of more than 500 dwelling units, or the equivalent thereof. As the project includes 33 townhouse units it is below the established thresholds, and no WSA is required. However, to better characterize the potential water use of the project, a Water Demand Study was prepared and its results are described below.
The City of Downey extracts groundwater from the Central Basin which is located in Los Angeles County, approximately 20 miles southeasterly of downtown Los Angeles. Groundwater in the Central Basin provides a substantial portion of the water supply needed by residents and industries in the overlying area. In the Central Basin Judgment of 1965 (Central Basin Judgment), the Superior Court fixed allowable withdrawals from the Central Basin at a level that was greater than the amount of water returned to the Central Basin through natural replenishment. The City was one of the original parties involved in the Central Basin Judgment and has acquired additional water rights since that time.
Additionally, the 2014 Sustainable Groundwater Management Act directed DWR to establish initial groundwater basin priorities for the basins identified and defined in DWR’s Bulletin 118. DWR finalized the basin prioritization in June 2014 through the California Statewide Groundwater Elevation Monitoring (CASGEM) program. The CASGEM basin prioritization program is being used by DWR to focus resources towards implementing legislation to require all groundwater basins be monitored for seasonal and long‐term groundwater elevation trends. DWR plans to evaluate the status of groundwater level monitoring in “High” or “Medium” priority groundwater basins. If DWR determines that groundwater levels in all or part of a High or Medium Priority basin are not being monitor ed, DWR will work cooperatively with local entities to establish a monitoring program. Compliance with DWR requirements allows the basin monitoring entities to be eligible to receive state water grants or loans.
City 2020 Urban Water Management Plan
The following is summarized from the City’s 2020 UWMP which is also discussed in Section 4.19(a).
The Downey Water Utilities Division of the Public Works Department is a Public Water System and is regulated by the State Water Resources Control Board. It would provide water to the proposed project.
The City provides water service to an area with a 2020 population of 112,068 and is projected to have a population of 117,081 by 2045. The City’s main water supply source is treated groundwater pumped from the Central Basin, and the Central Basin Municipal Water District (CBMWD) is the City’s wholesale water supplier. Supplemental imported water can also be purchased from the CBMWD for emergencies in the event that system demands exceed the production capacity of the City’s groundwater wells and recycled water supplies from CBMWD.
The Central Basin is one of two groundwater sub-basins in the Coastal Plain of the Los Angeles County Groundwater Basin. It is comprised of Quaternary-age sediments (less than 1.8 million years old) of gravel, sand, silt, and clay that were deposited from the erosion of nearby hills and mountains, and from Exhibit E (Attachment C)
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historical beaches and shallow ocean floors that covered the area in the past. Central Basin covers approximately 270 square miles and its storage capacity is approximately 13.8 million acre-feet (AF)viii.
Drought Resiliency
State law requires UWMPs to address drought conditions based on single -year and multiple years scenarios. According to the UWMP, the City has already started to reduce its reliance on imported water supplies from 2015 to 2010. In addition, the City is projected to continue reducing its reliance on imported water supplies through 2045 (p. 1-7, UWMP 2020). The City maintains connections to imported water that can be purchased from MWD through CBMWD for emergencies. Water quality from MWD relating to supply reliability is addressed separately in MWD’s 2020 Regional Urban Water Management Plan. UWMP states that the City’s water supplies sources have been sufficient in meeting the City’s historical water demands during an average year, a single dry year, and a five consecutive year drought (p. 7-7, UWMP 2020). In addition, Table 4.19-2 (Single Dry Year Supply and Demand Scenario), and Table 4.19-3 (Multiple Dry Year Supply and Demand Scenario ), shows the City’s water supplies will be resilient through either drought scenarios through 2045.
Table 4.19-2
Single Dry Year Supply and Demand Scenario
Supply and Demand 2025 2030 2035 2040 20451
Total Supply 17,243 17,430 17,623 17,807 17,956
Total Demand 17,243 17,430 17,623 17,807 17,956
Difference 0 0 0 0 0
Source: Table 7-3, UWMP 2022
1 UWMP lists 2045 as an “optional” calculation
Table 4.19-3
Multiple Dry Year Supply and Demand Scenario
Year Supply/
Demand
Acre-Feet/Year
2025 2030 2035 2040 20451
1st Year
Total Supply 18,653 18,854 19,063 19,262 19,423
Todal Demand 18,653 18,854 19,063 19,262 19,423
Difference 0 0 0 0 0
2nd Year
Total Supply 19,015 19,221 19,434 19,637 19,801
Todal Demand 19,015 19,221 19,434 19,637 19,801
Difference 0 0 0 0 0
3rd Year
Total Supply 19,086 19,293 19,506 19,710 19,875
Todal Demand 19,086 19,293 19,506 19,710 19,875
Difference 0 0 0 0 0
4th Year
Total Supply 17,417 17,605 17,800 17,986 18,136
Todal Demand 17,417 17,605 17,800 17,986 18,136
Difference 0 0 0 0 0
5th Year
Total Supply 15,366 15,532 15,704 15,868 16,000
Todal Demand 15,366 15,532 15,704 15,868 16,000
Difference 0 0 0 0 0
Source: Table 7-4, UWMP 2020
viii one AF is equivalent to 326,000 gallons
Exhibit E (Attachment C)
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City of Downey
In addition to drought resilience, the UWMP explains the City’s Water Shortage Contingency Plan which is a detailed approach to how the City intends to act, or respond, in the case of an actual water shortage contingency. The City will still manage water supplies to minimize the adverse impacts of water shortages. The City’s plan for water usage during periods of shortage is designed to incorporate six standard water shortage levels corresponding to progressive ranges from up to a 10, 20, 30, 40, and 50 percent shortage, and greater than a 50 percent shortage. For each declared water supply shortage level, customers will be required to reduce their consumption by the percentage specified in the corresponding water supply shortage level. To augment future supplies, the City will consider groundwater storage, leased water, and imported water may be used more extensively as discussed in the UWMP.
The proposed project would also be required to pay development impact fees to offset any project impacts to existing infrastructure and fund future expansion. Further, the project site would be developed in compliance with the California Green Building Code (which implements water efficiency standards for appliances and fixtures), which would further reduce water usage. For these reasons, impacts would be considered less than significant.
c) Less than Significant Impact. As previously discussed in Section 4.18(a), the proposed project would connect to water service provided by the City’s Water Utility Division and would deliver sewage into the City’s sewer collection system operated and maintained by the City’s Public Works Department and treated by the LACSD. Wastewater generated from the project would be treated at the Joint Water Pollution Control Plant (JWPCP). As described in Section 4.18(a) the amount of wastewater generated by the proposed project would be relatively small compared to current and would not exceed the current capacity of this wastewater plant. As such, impacts would be less than significant.
d) Less than Significant Impact. Significant impacts could occur if wastes from the proposed project would exceed the existing permitted landfill capacity or violates federal, state, and local statutes and regulations. Solid waste disposal services for the project site would be provided by Athens Services (Athens). Athens offers waste and recycling collection, green waste recycling programs, organic waste composting, special waste transportation, and transfer and materials recovery services to the City as well as many other areas in Southern California.
The project proposes 33 townhomes that could generate approximately 100 new residents. Based on the default CalEEMod solid waste generation rates, the proposed project would generate approximately 48 tons of solid waste per year (see Attachment A in Appendix A). This estimate is equal to 96,000 pounds per year, 263 pounds per day for the project, or 2.63 pounds per day per person. S olid waste generated by the proposed project would be collected by Athens and transported to a local or regional landfill operated by Waste Management under contract to Los Angeles County .
The increase in solid waste generation from implementation of the proposed project would be minimal compared to the remaining capacity of the area landfills . Regional landfills in the Los Angeles area are anticipated to have sufficient capacity to accommodate the minor increase in solid waste generation attributable to the proposed project. Locally, the Downey Area Recycling and Transfer (DART) Center, operated by Athens, is located on 6.2 acres at 9770 Washburn Road in Downey and accepts municipal waste from the City. This landfill is regulated by the U.S. Environmental Protection Agency and the applicable state laws. This facility buries trash and garbage below secured and stratified layers of dirt and isolating material – it accepts tire, solid waste, hazardous waste, and inert material waste.
Exhibit E (Attachment C)
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According to the CalRecycle Website, t he DART facility47 currently has a daily permitted capacity of 5,000 tons per day. The project is expected to generate approximately 48 tons per year of waste which represents one percent or a negligible amount of the landfill’s daily disposal rate.
Additionally, Article V, Chapter 8 (Ordinance No. 09 -1252) of the Downey Municipal Code requires that 100% of inert debris and at least 50% of the remaining construction and demolition debris generated during a construction or demolition project be diverted from landfil l disposal.
The City of Downey has been required to reclaim or recycle at least 50% of domestic waste since 2000 according to the California Integrated Waste Management Act of 1989. Required compliance with this regulation would reduce the project’s solid waste generation once occupied.
In addition to the DART facility, the combined remaining capacities at the County’s landfills would be adequate to accommodate the proposed project. For these reasons, solid waste impacts resulting from the construction and operation /occupancy of the proposed project would be considered less than significant and no mitigation is required.
e) Less than Significant Impact. The project proponent is required to comply with all local, state, and federal requirements for integrated waste management (e.g., recycling, green waste) and solid waste disposal. The project would be required to comply with the City’s Recycling and Waste Handling Requirement for construction and demolition debris, which requires at least 75% of all building and demolition materials to be recycle d.
Athens Services currently transports all of Downey’s recycling to a Material Recovery Facility, where recyclable materials are sorted and then diverted from local landfills. The proposed residential use would not generate hazardous waste of any kind. Downey commercial and residential uses that are serviced by Athens Services are already in compliance with AB 341. Therefore, a less than significant impact would occur.
4.20 – Wildfire
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Substantially impair an adopted
emergency response plan or
emergency evacuation plan? □ □ □
b) Due to slope, prevailing winds, and
other factors, exacerbate wildfire
risks, and thereby expose project
occupants to pollutant concentrations
from a wildfire or the uncontrolled
spread of a wildfire?
□ □ □
Exhibit E (Attachment C)
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c) Require the installation or
maintenance of associated
infrastructure (such as roads, fuel
breaks, emergency water sources,
power lines or other utilities) that may
exacerbate fire risk or that may result
in temporary or ongoing impacts to
the environment?
□ □ □
d) Expose people or structures to
significant risks, including downslope
or downstream flooding or landslides,
as a result of runoff, post-fire slope
instability, or drainage changes?
□ □ □
a) No Impact. The proposed project is located in an area that is fully developed and not considered a high fire-threat area. No native vegetation occurs on the project site, and the street trees located along Foster Bridge Boulevard and Suva Street are maintained by the City of Downey Public Works Department and therefore would not contribute significantly to fire threat. The proposed project would be served by the City of Downey Fire Department, and further supported by the Los Angeles County Fire Department under a “mutual aid” agreement should fires occur. The project site is not located within a very high or high fire hazard zone, as identified on the latest Fire Hazard Severity Zone (FHSZ) maps prepared by the California Department of Forestry and Fire Protection (CALFIRE). Further, the project site and surrounding area is not identified as being within or near any State Responsibility Area (SRA) on CALFIRE maps.48 Therefore, the project would not substantially impair an adopted emergency response plan or emergency evacuation plan and no impact would occur.
b) No Impact. As discussed above, the project site is not located within a fire hazard zone, as identified on the latest FHSZ maps prepared by CALFIRE. There are no wildland conditions in the urbanized area where the project site is located. Therefore, the project would not exacerbate wildfire risks, thereby exposing project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. No impact would occur.
c) No Impact. The project site is not located within or near any State Responsibility Areas. As a result, none of the project improvements would exacerbate fire risk or would result in a temporary or ongoing impact from wildfires requiring the installation or maintenance of associated infrastructure that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment . No impact would occur.
d) No Impact. The project site is not located within or near any State Responsibility Areas. The project site is also not located in a FEMA 100 -year flood floodplain. No impact would occur.
Exhibit E (Attachment C)
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4.21 – Mandatory Findings of Significance
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Does the project have the potential to
degrade the quality of the
environment, substantially reduce the
habitat of a fish or wildlife species,
cause a fish or wildlife population to
drop below self-sustaining levels,
threaten to eliminate a plant or
animal community, reduce the
number or restrict the range of a rare
or endangered plant or animal or
eliminate important examples of the
major periods of California history or
prehistory?
□ □ □
b) Does the project have impacts that
are individually limited, but
cumulatively considerable? □ □ □
c) Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directly or indirectly?
□ □ □
a) Less than Significant with Mitigation Incorporated. The proposed project would not significantly impact any scenic vistas, scenic resources, or the visual character of the area, as discussed in Section
4.1, Aesthetics, and would not result in excessive light or glare. The project site is located within a suburbanized area with no significant natural habitat onsite. The project would not significantly impact any sensitive plants, plant communities, fish, wildlife, or habitat for any sensitive species after incorporation of Mitigation Measure BIO-1, as discussed in Section 4.4. Adverse impacts to archeological and historic resources would be less than significant with implementation of Mitigation Measures CUL-1 and TCR-1 through TCR-3. Adverse impacts to paleontological resources would be less than significant with implementation of Mitigation Measures GEO-2 through GEO-5. With the implementation of these mitigation measures, the proposed project would not have a significant adverse impact with respect to the degradation of the quality of the environment . The proposed project would not restrict the levels of fish and wildlife below sustaining levels or threaten to eliminate a plant or wildlife community. No sensitive species are known to occupy the proposed project site. No rare or endangered plants or animals are known to occur on the project site or would be removed as a result of the proposed project.
b) Less than Significant with Mitigation Incorporated. Cumulative impacts can result from the interactions of environmental changes resulting from one proposed project with changes resulting from other past, present, and future projects that affect the same resources, utilities and infrastructure systems, public services, transportation network elements, air basin, watershed, or other physical conditions. Such impacts could be short -term and temporary, usually consisting of overlapping construction impacts, as well as long term, due to the permanent land use c hanges and operational Exhibit E (Attachment C)
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characteristics involved with the project. Cumulative impacts would be less than significant with mitigation incorporated, as further discussed herein.
Aesthetics
Impacts related to aesthetics at the project -level have no potential for cumulative impacts because impacts are limited to on -site conditions and include no component that could result in similar impacts over time or space. Therefore, no cumulative impacts related to this topic would occur.
Agricultural Resources
The analysis provided in Section 4.2 found that no individual impacts would occur; therefore, the project could not contribute considerably to local agricultural or forestry.
Air Quality
The analysis provided in Section 4.3 related to air quality (criteria pollutants) and sensitive receptors (local significance thresholds) found that impacts would be less than significant with regulatory compliance and no mitigation was required. That section also determined the project would not contribute considerably to cumulative air quality impacts in the region. The project would have no other air quality impacts.
Biological Resources
The analysis provided in Section 4.4 found that no individual impacts to sensitive species would occur with implementation of Mitigation Measure BIO-1. With mitigation, the project would not contribute considerably to regional impacts on migratory birds or any sensitive species. The project would have no other impacts on biological resources.
Cultural Resources
Loss of on-site archaeological resources could reduce or eliminate important information relevant to the County of Los Angeles and the City of Downey. In Section 4.5, impacts related to historical and archaeological resources were found to be potentially significant and require mitigation to reduce to less than significant levels. Therefore, the project could contribute considerably to significant localized cumulative impacts in this topic area. Mitigation Measures CUL-1 and TCR-1 through TCR-3 are incorporated into the project requiring evaluation of any discovered potential cultural or archaeological resources, the uniqueness of the sample, and appropriate steps to preserve or curate the artifact. This would eliminate any potential loss of important local cultural or archaeological information that may be buried under the project site. Therefore, the project would have no contribution to a cumulative loss of important local or regional archaeological knowledge.
Energy
The analysis provided in Section 4.6 related to energy found that impacts would be less than significant.
Therefore, the project would not contribute to cumulative energy impacts.
Geology and Soils
Impacts related to geology at the project -level will be mitigated by Mitigation Measure GEO-1. Section
4.7 concluded the project impacts have no potential for cumulative impacts because impacts are limited to on-site conditions and include no component that could result in similar impacts over time or space.
Loss of onsite paleontological resources could reduce or eliminate important information relevant to the County of Los Angeles and the City of Downey. Impacts related to paleontological resources were found to be potentially significant and require mitigation to reduce to less than significant levels. Therefore, the project could contribute considerably to significant localized cumulative impacts in this topic area.
Mitigation Measures GEO-2 through GEO-5 are incorporated into the project requiring evaluation of any discovered potential paleontological resources, the uniqueness of the sample, and appropriate steps to Exhibit E (Attachment C)
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preserve or curate the artifact. This would eliminate any potential loss of important local cultural or paleontological information that may be buried under the project site. Therefore, the project would have no contribution to a cumulative loss of important local or regional paleontological knowledge. No other cumulative impacts related to this topic would occur.
Greenhouse Gas Emissions
As discussed in Section 4.8, climate change is the result of numerous, cumulative sources of greenhouse gas emissions all over the world. The project would not contribute considerably to global climate change.
Hazardous Materials
The analysis provided in Section 4.9(a-f) related to hazards and hazardous materials found that impacts would be less than significant with implementation of Mitigation Measure HAZ-1 to address unanticipated hazardous materials that may be found during grading, and Mitigation Measure HAZ-2 to determine if the existing church contains asbestos -containing materials or lead-based paint prior to demolition. Compliance with these measures and all applicable regulations related to the disposal and storage of household waste would ensure that impacts would be less than significant. Therefore, the project would not contribute to localized or regional cumulative impacts related to hazardous materials.
Airport Hazards
Section 4.9(g) indicates impacts related to airport hazards at the project -level have no potential for cumulative impacts because impacts are limited to on -site conditions and include no component that could result in similar impacts over time or space. Therefore, no cumulative impacts related to this topic would occur.
Wildfires
The analysis provided in Section 4.9(h) and Section 4.20 found that no individual, local, or regional impacts would occur; therefore, no cumulative impacts related to this topic would occur.
Groundwater Levels
The analysis provided in Section 4.10 (a) found that less than significant local, or regional impacts would occur; therefore, while the project would contribute to individual, localized or regional cumulative impacts, the project contribution would not be considerable.
Drainage/Water Quality
The analysis provided in Section 4.10, found that less than significant individual, local, or regional impacts would occur; therefore, while the project would contribute to individual, localized or regional cumulative impacts, the project contribution would not be considerable.
Flooding
The analysis provided in Section 4.10, found that no regional impacts would occur; therefore, no cumulative impacts related to this topic would occur.
Land Use and Planning
The analysis provided in Section 4.11 related to Land Use and Planning found that impacts would be less than significant even with implementation of a General Plan Amendment and Zone Change. While the project would contribute to incremental localized or regional cumulative impacts, the project’s contribution would not be considerable.
Exhibit E (Attachment C)
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City of Downey
Mineral Resources
The analysis provided in Section 4.1 2 related to mineral resources found that impacts there would be no impact; therefore, while the project would contribute to localized or regional cumulative impacts, the project contribution would not be considerable.
Noise
The project is not a substantial source of operational noise, as discussed in Section 4.1 3(a), and therefore would not contribute considerably to noise levels in the immediate vicinity of the project. The project would contribute to temporary increases in noise levels in the immediate project vicinity during construction activities, however, these would be reduced to less than significant through incorporation of Mitigation Measures NOI-1 through NOI-5. The project would increase traffic in the project area; however, project traffic-related noise would not be discernible to the public and therefore would have no considerable contribution to cumulative traffic -related noise. With mitigation incorporated, the project would not contribute considerably to regional noise impacts. The project would have no other impacts related to noise.
Population and Housing
The analysis provided in Section 4.1 4 related to Population and Housing found that no impacts would result; therefore, no cumulative impacts related to this topic would occur.
Public Services
The analysis provided in Section 4.15 related to Public Services found that impacts would be less than significant; therefore, while the project would contribute to localized cumulative impacts, the project contribution would not be considerable.
Recreation
The analysis provided in Section 4.1 6 related to Recreation found that impacts would be less than significant; therefore, while the project would contribute to localized cumulative impacts, the project contribution would not be considerable.
Traffic and Transportation
The analysis provided in Section 4.17 found impacts related to transportation to be less than significant.
The project’s contribution to cumulative impacts to local and regional transportation facilities would not be considerable.
Tribal Cultural Resources
Loss of on-site tribal cultural resources could reduce or eliminate important information relevant to the County of Los Angeles and the City of Downey. Section 4.18 indicates impacts related to tribal cultural resources were found to be potentially significant and require mitigation to reduce to less than significant levels. Therefore, the project could contribute considerably to significant localized cumulative impacts in this topic area. Mitigation Measures CUL-1 and TCR-1 through TCR-3 are incorporated into the project requiring evaluation of any discovered potential archaeological or tribal cultural resources, coordinating with local tribal groups for monitoring, determining the uniqueness of any resources discovered, and appropriate steps to preserve or curate the artifact. This would eliminate any potential loss of important local archaeological or tribal cultural information that may be buried under the project site; therefore, the project would have no contribution to a cumulative loss of important local or regional archaeological or tribal cultural knowledge.
Exhibit E (Attachment C)
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Utilities and Service Systems
The analysis provided in Section 4.19 related to Utilities and Service Systems found that impacts would be less than significant; therefore, while the project would contribute to localized or regional cumulative impacts, the project contribution would not be considerable.
Wildfire
The analysis provided in Section 4.20 related to wildfire found that impacts would not occur. Therefore, the project would not contribute to local or regional cumulative impacts.
c) Less than Significant with Mitigation Incorporated. Based on the analysis of the project’s impacts in the responses to items 4.1 through 4.20, there is no indication that this project would result in substantial adverse effects on human beings. Section 4.9, Hazards and Hazardous Materials, recommended Mitigation Measure HAZ-1 to address unanticipated hazardous materials that may be found during grading, and Mitigation Measure HAZ-2 to determine if the existing church contains asbestos-containing materials or lead -based paint prior to demolition. In addition, Section 4.13, Noise, recommended Mitigation Measures NOI-1 through NOI-5 to preclude any significant noise impacts during project construction . The analysis herein concludes that direct and indirect environmental effects on humans would be less than significant with implementation of the recommended mitigation measures and regulatory compliance.
Exhibit E (Attachment C)
Foster Bridge and Bluff Residential Project (17005) 119 City of Downey
5 Mitigation Summary
Aesthetics
AES-1 Enhanced Landscaping. Prior to issuance of the first occupancy permit, the developer shall install enhanced landscaping along the northern boundary of the site. Its purpose is to substantially block views and lighting from the project site onto the residence at 7336 Foster Bridge Boulevard just north of the site. The design and location of this enhanced landscaping, primarily trees, shall be the responsibility of the City Planning Department.
Biological Resources
BIO-1 Nesting Bird Survey. To the extent feasible, construction activities shall be scheduled to avoid the nesting season. If construction activities are scheduled to take place during the nesting season, all impacts to nesting birds protected under the MBTA and California Fish and Game Code must be avoided. The nesting season for most birds in Los Angeles County extends from February 1 through September 1.
If it is not possible to schedule construction activities between September 1 and January 31, then a pre-construction survey for nesting birds will be conducted by a qualified biologist to ensure that no nests would be disturbed during project implementation. Th is survey will be conducted no more than 5 days prior to the initiation of any site disturbance activities and equipment mobilization, including tree, shrub, or vegetation removal, fence installation, grading, etc. If project activities are delayed by more than 5 days, an additional nesting bird survey will be performed. During this survey, the biologist will inspect all trees and other potential nesting habitats (e.g., trees and shrubs) in and immediately adjacent to the impact area for nests. Active nesting is present if a bird is building a nest, sitting in a nest, a nest has eggs or chicks in it, or adults are observed carrying food to the nest. The results of the survey(s) will be documented.
If an active nest is found sufficiently close to work areas to be disturbed by these activities, the qualified biologist will determine the extent of a construction -free buffer zone to be established around the nest (typically up to 300 feet for raptors an d up to 100 feet for other species), to ensure that no nests of species protected by the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code will be disturbed during project implementation.
Within the buffer zone, no site disturbance and mob ilization of heavy equipment, including but not limited to equipment staging, fence installation, clearing, grubbing, vegetation removal, demolition, and grading will be permitted until the chicks have fledged.
A qualified biologist is an individual who has a degree in biological sciences or related resource management with a minimum of two seasonal years post -degree experience conducting surveys for nesting birds. During or following academic training, the quali fied biologist will have achieved a high level of professional experience and knowledge in biological sciences and special-status species identification, ecology, and habitat requirements.
Exhibit E (Attachment C)
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Cultural Resources
CUL-1 Unanticipated Resources. In the event that archaeological resources (sites, features, or artifacts) are exposed during construction activities of the project, all construction work occurring within 100 feet of the find shall immediately stop until a qualified archaeologist, meeting the Secretary of the Interior’s Professio nal Qualification Standards, can evaluate the significance of the find and determine whether or not additional study is warranted.
Depending upon the significance of the find under the California Environmental Quality Act (CEQA: 14 CCR 15064.5(f): PRC Section 21083.2), the archaeologist may simply record the find and allow work to continue. However, if the discovery proves significant under CEQA, additional work, such as preparation of an archaeological treatment plan, testing, or data recovery, may be warranted.
Geology/Soils/Paleontological Resources
GEO-1 Supplemental Geotechnical Report. Prior to issuance of a grading permit, the project proponent shall retain a qualified geotechnical consultant to prepare a supplemental geotechnical investigation as recommended by the “Geotechnical Due -Diligence Investigation” prepared by Albus & Associates, Inc. dated February 6, 2023. The supplemental report shall be certified by the City Engineer as adequate for the purposes of design, permitting, and construction.
GEO-2 Conduct Paleontological Sensitivity Training for Construction Personnel. If excavation below 6’ is required , the project proponent must retain a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, to conduct a Paleontological Sensitivity Training for construction personnel before commencement of excavation activities. The tra ining would include a handout and would focus on how to identify paleontological resources that may be encountered during earthmoving activities, and the procedures to be followed in such an event; the duties of paleontological monitors; notification and other procedures to follow upon discovery of resources; and the general steps a qualified professional paleontologist would follow in conducting a salvage investigation if one is necessary.
GEO-3 Conduct Periodic Paleontological Spot Checks During Grading and Earth-Moving Activities. If excavation below 6’ is required , the project proponent must retain a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, to conduct periodic Paleontological Spot Checks beginning at depths below six feet from the surface to determine if construction e xcavations extend into older Quaternary deposits. After the initial Paleontological Spot Check, further periodic checks would be conducted at the discretion of the qualified paleontologist. If the qualified paleontologist determines that construction excavations have extended into the older Quaternary deposits, construction monitoring for Paleontological Res ources are required. The project proponent must retain a qualified paleontological monitor, who would work under the guidance and direction of a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology. The paleontological monitor must be present during all construction excavations (e.g., grading, trenching, or clearing/grubbing) into the older Pleistocene alluvial deposits. Multiple earth -moving construction activities may require multiple paleontologica l monitors. The frequency of monitoring is based on the rate of excavation and grading activities, proximity to known paleontological resources and/or unique geological features, the materials being excavated (native versus artificial fill soils), and the depth of excavation, and if found, the Exhibit E (Attachment C)
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abundance and type of paleontological resources and/or unique geological features encountered. Full-time monitoring can be reduced to part-time inspections if determined adequate by the qualified professional paleontologist. Monitoring shall terminate when grading and trenching activities on the site have been completed.
GEO-4 Cease Ground-Disturbing Activities and Implement Treatment Plan if Paleontological Resources Are Encountered. In the event that paleontological resources and or unique geological features are unearthed during ground -disturbing activities, the paleontological monitor may halt or divert work away from the vicinity of the find so that the find can be evaluated. A buffer area of at least 50 feet must be established around the find where construction activities are not allowed to continue until an appropriate paleontological treatment plan is approved by the project proponent and the City. Work is allowed to continue outside of the buffer area. The project proponent and City would coordinate with a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, to develop an appropriate treatment plan for the resources. Treatment may include implementation of paleontological salvage excavations to remove the resource along with subsequent laboratory processing and analysis or preservation in place. At the paleontologist’s discretion and to reduce construction delay, the grading and excavation contractor would assist in removing rock samples for initial processing.
GEO-5 Prepare Report Upon Completion of Monitoring Services. If paleontological resources are found, upon completion of the activities identified under Mitigation Measure GEO-4, the professional paleontologist would prepare a report summarizing the results of the monitoring and salvaging efforts, the methodology use d in these efforts, and a description of the fossils collected and their significance. The report would be submitted to the project proponent, the City, the Natural History Museums of Los Angeles County, and representatives of other appropriate or concerned agencies to signify the satisfactory completion of the project and required mitigation measures.
Hazards/Hazardous Materials
HAZ-1 Inadvertent Hazmat Discovery. Prior to issuance of a grading permit, the project proponent shall retain a qualified environmental professional (QEP) experienced with remediating hazardous materials from infill urban construction sites. The QEP must be on-call and summoned to the site immediately if any potentially hazardous materials are found during grading. Grading must be halted within 100 feet of an area that appears to contain hazardous materials. The QEP will ha lt grading as necessary to effectively identify the potential contaminated materials, including directing any sampling and laboratory testing that may be required.
If soils are found to be contaminated at levels that are only slightly in excess of applicable residential standards, the QEP shall exercise professional discretion and have the option to coordinate with the grading contractor and developer to either remove contaminated soil and/or mix the contaminated soil with clean soil from either onsite or offsite to dilute any contaminants to below applicable exposure standards for residential development.
Remediated areas must be retested to assure potential contaminant levels are below applicable residential standards. The results of any testing shall be provided to the C ity or other agencies as appropriate and no further action is needed. Any contaminated soil that must be removed from the site shall be done by a licensed contractor and hauled to Exhibit E (Attachment C)
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122 Initial Study and Mitigated Negative Declaration
Public Review Draft November 2023
a landfill approved for such materials. This measure shall be implemented to the satisfaction of the City Community Development Department.
HAZ-2 ACMs and LBP Survey. Prior to demolition of any structures on the project site, the developer shall retain qualified licensed environmental contractor(s) to survey the existing onsite church building and any related structures for asbestos-containing materials (ACMs) and Lead-Based Paints (LBPs). If the survey finds the presence of any ACMs or LBPs on the site, the contractor(s) shall follow all relevant guidance from affected regulatory agencies (e.g., CalEPA, SCAQMD, DTSC, County Health Department, etc.) in terms of safe removal and disposal of the contaminated materials as appropriate. The contractor(s) shall prepare and submit a final report to the City Community Development Department within 30 days after completion of demolition/removal for ACMs and LBPs on the project site.
Noise
NOI-1 Notify Residential Land Uses of Planned Construction Activities. This notice shall be provided at least two (2) weeks prior to the start of any construction activities, describe the noise control measures to be implemented by the project, and include the name and phone number of the designated contact for the project proponent and the City of Downey responsible for handling construction -related noise complaints (per MM NOI-5).
This notice shall be provided to the owner/occupants of residential dwelling units within 500 feet of construction work areas.
NOI-2 Restrict Work Hours. All construction-related work activities, including material deliveries, shall be subject to the requirements of City Municipal Code Section 4.50.100.
Construction activities, including deliveries, shall occur only during the hours of 7 AM to 7 PM Monday to Friday and 9 AM to 6 PM on Saturday. No construction is to occur on Sunday and holidays. The project proponent representative and/or its contractor shall post a sign at all entrances to the construction site informing contractors, subcontractors, other workers, etc. of this requirement.
NOI-3 Construction Equipment Selection, Use, and Noise Control Measures. The following measures shall apply to construction equipment used at the project site:
a. Contractors shall use the smallest size equipment capable of safely completing work activities.
b. Construction staging shall occur as far away from residential land uses as possible given site and active work constraints.
c. Electric hook-ups shall be provided for stationary equipment (e.g., pumps, compressors, welding sets). If it is not feasible to provide an electric hook -up, the project proponent shall ensure mitigation measures 3a and 3d are implemented. d. All stationary noise generating equipment shall be shielded and located as far as possible from residential land uses given site and active work constraints.
Shielding may consist of existing vacant structures or a three -or four-sided enclosure provided the structure/enclosure breaks the line of sight between the equipment and the receptor and provides for proper ventilation and equipment operation.
e. Heavy equipment engines shall be equipped with standard noise suppression devices such as mufflers, engine covers, and engine/mechanical isolators, Exhibit E (Attachment C)
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mounts, and be maintained in accordance with manufacturer’s recommendations during active construction activities.
f. Pneumatic tools shall include a suppression device on the compressed air exhaust.
g. No radios or other amplified sound devices shall be audible beyond the property line of the construction site.
NOI-4 Implement Construction Activity Noise Control Measures. The following measures shall apply to project construction activities:
a. Demolition: Activities shall be sequenced to take advantage of existing shielding/noise reduction provided by existing buildings or parts of buildings and methods that minimize noise and vibration, such as sawing concrete blocks, prohibiting on-site hydraulic breakers, crushing or other pulverization activities, shall be employed during project construction.
b. Demolition, Site Preparation, Grading, and Foundation Work: During all demolition, site preparation, grading, and structure foundation work activities, a physical noise barrier shall be installed and maintained around the site perimeter to the maximum extent feasible given site constraints and access requirements.
The noise barrier shall extend to a height of eight (8) feet above grade. Potential barrier options capable of reducing construction noise levels could include, but are not limited to:
i. A concrete, wood, or other barrier installed at -grade (or mounted to structures located at-grade, such as a K-Rail), and consisting of a solid material (i.e., free of openings or gaps other than weep holes) that has a minimum rated transmission loss value of 20 dB.
ii. Commercially available acoustic panels or other products such as acoustic barrier blankets that have a minimum sound transmission class (STC) or transmission loss value of 20 dB.
iii. Any combination of noise barriers and commercial products capable of achieving required construction noise reductions during demolition, site preparation, grading, and structure foundation work activities. iv. The noise barrier may be removed following the completion of building foundation work (i.e., it is not necessary once framing and typical vertical building construction begins provided no other grading, foundation, etc. work is still occurring on-site).
NOI-5 Prepare a Construction Noise Complaint Plan. The project proponent shall prepare a Construction Noise Complaint Plan that shall:
a. Identify the name and/or title and contact information (including phone number and email) for a designated project and City representative responsible for addressing construction-related noise issues.
b. Includes procedures describing how the designated project representative will receive, respond, and resolve construction noise complaints.
Exhibit E (Attachment C)
5 – Mitigation Summary
124 Initial Study and Mitigated Negative Declaration
Public Review Draft November 2023
c. At a minimum, upon receipt of a noise complaint, the project representative shall notify the City contact, identify the noise source generating the complaint, determine the cause of the complaint, and take steps to resolve the complaint.
Tribal Cultural Resources
TCR-1 Tribal Monitor. The project applicant/lead agency shall retain a Native American Monitor from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation. The monitor shall be retained prior to the commencement of any “ground -disturbing activity” for the subject project at all project locations (i.e., both on -site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). “Ground -disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.
A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the commencement of any ground -disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity.
The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon written request to the Tribe.
On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve ground -disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or development/con struction phase at the project site possesses the potential to impact Kizh TCRs.
TCR-2 Unanticipated Discoveries. Upon discovery of any Tribal Cultural Resources (TCRs), all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes.
TCR-3 Human Remains. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness.
Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed. Human Exhibit E (Attachment C)
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remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any dis covery of human remains/burial goods shall be kept confidential to prevent further disturbance.
Exhibit E (Attachment C)
Foster Bridge and Bluff Residential Project (17005) 126 City of Downey
6 References
6.1 List of Preparers
City of Downey (Lead Agency)
Community Development Department
11111 Brookshire Avenue
Downey, California 90241
(562) 904-7154
• Irma Huitron, Community Development Director
• Edwin Norris, Deputy Director of Public Works
• Alfonso Hernandez, Principal Planner
MIG (Environmental Analysis)
1650 Spruce Street, Suite 106
Riverside, California 92507
951-787-9222
▪ Bob Prasse, Director of Environmental Services
▪ Kent Norton, AICP, REPA, Senior Project Manager
▪ Chris Dugan, Director of Air Quality, Greenhouse Gas, and Noise Services ▪ Phillip Gleason, Senior Environmental Analyst
▪ Cameron Hile, Senior Analyst
▪ William Deeman, ACES Technical Analyst
▪ Betty Kempton, Ph.D, Senior Biologist
Ganddini Group (Transportation)
555 Parkcenter Drive, Suite 225
Santa Ana, California 92705
(714) 795-3100
▪ Giancarlo Ganddini, PE, PTP, Principal
▪ Bryan Crawford, Senior Transportation Planner
CRM TECH (Cultural Resources)
1016 East Cooley Drive, Suite A/B
Colton, California 92507
(909) 824-6400
• Michael Hogan, Principal Investigator
• Bai “Tom” Tang, Principal Investigator
6.2 Persons and Organizations Consulted
▪ N/A
Exhibit E (Attachment C)
6 – References
Foster Bridge and Bluff Residential Project (17005) 127 City of Downey
6.3 Bibliography
1 City of Downey. Downey General Plan (Downey Vision 2025). https://www.downeyca.org/our- city/departments/community-development/planning/general-plan- map#:~:text=The%20General%20Plan%2C%20Downey%20Vision%202025%2C%20is%20a,add ress%20further%20changes%20in%20the%20City%20of%20Downey [Accessed July 2023]. 2 California Department of Transportation. California State Scenic Highways: State Scenic Highway Map. https://dot.ca.gov/programs/design/lap -landscape-architecture-and-community-livability/lap- liv-i-scenic-highways [Accessed July 2023].
3 California Department of Conservation. Farmland Mapping and Monitoring Program. ftp://ftp.consrv.ca.gov/pub/dlrp/FMMP/pdf/2010/los10.pdf [Accessed July 2023]. 4 California Department of Conservation. Williamson Act Program. ftp://ftp.consrv.ca.gov/pub/dlrp/wa/ [Accessed July 2023]. 5 MIG, Inc. Air Quality, Greenhouse Gas, and Energy Analysis for the Townhome Community Residential Project at 7360 Foster Bridge Blvd. in Downey, CA. September 20, 2023 (Appendix A). 6 Ganddini Group. 7360 Foster Bridge Residential Project Vehicle Miles Traveled (VMT) Screening Assessment. November 15, 2023 (Appendix H)
7 South Coast Air Quality Management District (SCAQMD) 1993. Air Quality Analysis Handbook.
Diamond Bar, CA. 1993. http://www.aqmd.gov/home/regulations/ceqa/air-quality-analysis- handbook. [Accessed July 2023].
8 California Department of Fish and Wildlife (CDFW), California Natural Diversity Database (CNDDB).
Website accessed August 3, 2023](Appendix B).
9 California Department of Fish and Wildlife. RareFind 5 Database. http://www.dfg.ca.gov/biogeodata/cnddb/mapsanddata.asp [Accessed July 2023]. 10 U.S. Fish and Wildlife Service. FWS Critical Habitat for Threatened & Endangered Species. http://ecos.fws.gov/ecp/report/table/critical-habitat.html [Accessed July 2023]. 11 United States Fish and Wildlife Service. National Wetlands Inventory. https://www.fws.gov/wetlands/data/mapper.html [Accessed July 2023]. 12 California Department of Fish and Wildlife. Natural Community Conservation Planning. http://www.dfg.ca.gov/habcon/nccp/ [Accessed July 2023]. 13 CRM TECH. Preliminary Draft, Cultural Resources Assessment and Paleontological Assessment, Foster Bridge and Bluff Residential Project, City of Downey, CA. October 13, 2023 (Appendix C) 14 Albus Associates. Geotechnical Due Diligence Investigation, Proposed Multi -Family Residential Development, 7360 Foster Bridge Boulevard, Downey, California . February 6, 2023 (Appendix D). 15 City of Downey. Downey General Plan Safety Element. Figure SCS-2: Earthquake Faults. 2005. 16 California Division of Mines and Geology (CDMG). Seismic Hazard Zone Report for the South Gate
7.5-Minute Quadrangles, Los Angeles County, California. Seismic Hazard Zone Report 034. 1998. 17 United States Environmental Protection Agency. Frequently Asked Questions About Global Warming and Climate Change. Back to Basics. April 2009.
Exhibit E (Attachment C)
6 - References
128 Initial Study and Mitigated Negative Declaration
Public Review Draft November 2023
18 SCS Engineers. Phase I Environmental Site Assessment, 7360 Foster Bridge Boulevard, Downey, California. January 31, 2023 (Appendix E)
19 California Environmental Protection Agency. Cortese List Data Resources. http://www.calepa.ca.gov/sitecleanup/corteselist/ [Accessed July 2023]. 20 California Department of Toxic Substances Control. DTSC’s Hazardous Waste and Substances Site List – Site Cleanup (Cortese List). http://www.dtsc.ca.gov/SiteCleanup/Cortese_List.cfm [Accessed July 2023].
21 California State Water Resources Control Board. GeoTracker. https://geotracker.waterboards.ca.gov/ [Accessed July 2023]. 22 California State Water Resources Control Board. Sites Identified with Waste Constituents Above Hazardous Waste Levels Outside the Waste Management Unit. http://www.calepa.ca.gov/files/2016/10/SiteCleanup -CorteseList-CurrentList.pdf [Accessed July 2023].
23 California State Water Resources Control Board. List of Active CDO and CAO. http://www.calepa.ca.gov/sitecleanup/corteselist/ [Accessed July 2023]. 24 California Department of Toxic Substances Control. Cortese List: Section 65962.5(a). https://www.calepa.ca.gov/sitecleanup/corteselist/section -65962-5a/ [Accessed July 2023]. 25 AirNav, LLC. Airport Information. http://www.airnav.com [Accessed July 2023]. 26 California Department of Forestry and Fire Protection (CalFIRE). Fire Hazard Severity Zones Maps. https://osfm.fire.ca.gov/divisions/wildfire -planning-engineering/wildland-hazards-building- codes/fire-hazard-severity-zones-maps/. [Accessed July 2023]. 27 Advanced Civil Group, Inc. Preliminary Low Impact Development (LID) Plan. June 6, 2023 (Appendix F)
28 Sanitation Districts of Los Angeles County. Joint Outfall System Water Reclamation Plants. http://www.lacsd.org/wastewater/wwfacilities/joint_outfall_system_wrp/default.asp [Accessed July 2023].
29 Federal Emergency Management Agency. Flood Insurance Rate Map. Map Number 06037C1810F. September 26, 2008. https://msc.fema.gov/portal/home . [Accessed July 2023]. 30 California Department of Water Resources (DWR), Division of Safety of Dams (DSOD), California Dam Breach Inundation Maps https://fmds.water.ca.gov/maps/damim/ [website accessed 9-22-23] 31 California Department of Conservation Division of Mines: Open Data and Maps CNRA. https://maps- cnra-cadoc.opendata.arcgis.com/ [Accessed July 2023].
32 California Department of Conservation Division of Mines: Open Data and Maps CNRA. https://maps- cnra-cadoc.opendata.arcgis.com/ [Accessed July 2023].
33 MIG, Inc. Noise and Vibration Analysis for Townhome Community Residential Project at 7360 Foster Bridge Boulevard in Downey, CA. September 22, 2023 (Appendix G). 34 California Department of Finance. Population and Housing Estimates. https://www.dof.ca.gov/Forecasting/Demographics/Estimates/E -5/ [Accessed July 2023]. 35 Downey Unified School District Website [accessed 9 -21-23] https://web.dusd.net/
Exhibit E (Attachment C)
6 – References
Foster Bridge and Bluff Residential Project (17005) 129 City of Downey
36 California Department of Education. DataQuest database [Website accessed 9-22-23] https://dq.cde.ca.gov/dataquest/dqcensus/enrgrdlevels.aspx?cds=1964451&agglevel=District&yea r=2020-21&ro=y
37 Downey Unified School District. Facility Master Plan. 2022 [Website accessed 9-23-23] https://web.dusd.net/wp-content/uploads/2023/01/DUSD_FacilitiesMasterPlan.pdf
38 City of Downey. Parks and Open Space Master Plan. 2016. 39 Ganddini Group. 7360 Foster Bridge Residential Project Vehicle Miles Traveled (VMT) Screening Assessment. November 15, 2023 (Appendix H).
40 Los Angeles County Metropolitan Transportation Authority . Website, maps and schedules [Website accessed 9-23-23] https://www.metro.net/riding/guide/ 41 Metrolink Website [Accessed 9-24-23] https://metrolinktrains.com/rider-info/general-info/maps/ 42 Los Angeles County Public Works Department. Transportation Impact Analysis Guidelines. July 23, 2020.
43 Institute of Transportation Engineers (ITE). Trip Generation Manual (11th Edition, 2021). 44 Alan Short, PE. Water Demand Study for City of Downey, Tentative Tract No. 84168, 7360 Foster Bridge Blvd. May 8, 2023a (Appendix J)
45 Tetra Tech. City of Downey Sewer System Management Plan. May 2023. 46 Sanitation Districts of Los Angeles County [Website accessed 9 -23-23] https://www.lacsd.org/services/wastewater-sewage/facilities/joint-water-pollution-control-plant 47 CalRecycle Website, Solid Waste Information System (SWIS) database [Accessed 9 -25-23] https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/3649?siteID=1111 48 California Department of Forestry and Fire Protection. California State Responsibility Areas Map. https://www.arcgis.com/home/item.html?id=5ac1dae3cb2544629a845d9a19e83991 [Accessed July 2023].
Exhibit E (Attachment C)
Attachment E (Exhibit D) – Initial Study/Mitigated Negative Declaration Appendices
Please visit the Office of the City Clerk at 11111 Brookshire Avenue, Downey, CA 90241 to view this Attachment E (Exhibit D) - Initial Study/Mitigated Negative Declaration Appendices
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING A ZONE CH ANGE DESIGNATION FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO R-3-O (MULTIPLE-FAMILY RESIDENTIAL OWNERSHIP) FOR THE PROPERTY LOCATED AT 7360 FOSTER BRIDGE BOULEVARD
WHEREAS, on March 20, 2023, the applicant, Steve Armanino (a representative of the Olson Company), submitted a request for a Site Plan Review, Tentative Tract Map, Density Bonus, General Plan Amendment, and Zone Change, to construct a new 33-unit townhome condominium ownership development at 7360 Foster Bridge Boulevard (“Project”); and,
WHEREAS, on April 20, 2023, the applicant was issued a letter deeming the application incomplete; and,
WHEREAS, on June 14, 2023, upon review of partially submitted materials, the applicant was issued a subsequent letter deeming the application incomplete; and,
WHEREAS, on September 18, 2023, upon review of partially submitted materials, the applicant was issued a subsequent letter deeming the application incomplete; and,
WHEREAS, on February 14, 2024, upon review of newly submitted supporting documents, the applicant was issued a subsequent letter deeming the application incomplete; and,
WHEREAS, on March 28, 2024, upon review of all required materials submitted, the applicant was issued a letter deeming the application complete; and,
WHEREAS, on April 4, 2024, a notice of public hearing for a General Plan Amendment, Zone Change, Site Plan Review, Tentative Tract Map, Density Bonus, and Initial Study/Mitigated Negative Declaration was sent to all tenants and property owners within 500- feet of the subject site, as well as to interested parties and outside agencies, and the public hearing notice was published in Downey Patriot; and,
WHEREAS, the Project is required to undergo an environmental review pursuant to the California Environmental Quality Act (CEQA) and the state CEQA Guidelines. Through its consultant, the City prepared an Initial Study leading to a Mitigated Negative Declaration (“IS/MND”) for the Project. On November 22, 2023, in accordance with the requirement of the California Environmental Quality Act, a Notice of Intent to adopt a Mitigated Negative Declaration was submitted to the Los Angeles County Recorder’s Office. The Mitigated Negative Declaration for the Project reflects the City’s independent judgment and analysis as lead agency for the Project; and,
WHEREAS, based on the IS/MND, the Project would have no impact or a less than significant impact on the following environmental issue areas: Agriculture and Forestry Resources, Air Quality, Energy, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Population and Housing, Public Services, Recreation, Transportation, Utilities and Service Systems, and Wildfire. The Project’s impacts on the following issue areas would be less than significant with the implementation of mitigation:
Aesthetics, Biological Resources, Cultural Resources, Geology, Soils, and Paleontological Resources, Hazards and Hazardous Materials, Noise and Tribal Cultural Resources. All impacts would be less than significant after mitigation; and,
ORDINANCE NO.
PAGE 2
WHEREAS, the Planning Commission held a duly noticed public hearing on April 17, 2024, and after fully considering all oral and written testimony, facts, and opinions it was motioned and seconded to adopt this ordinance. The motion did not carry with a vote of 2-2. No additional motions were made or voted upon; and,
WHEREAS, on April 18, 2024, the applicant requested the application to be re- agendized and independently, at a new public hearing, to be presented to the Planning Commission once again; and,
WHEREAS, on April 18, 2024, a notice of public hearing for a General Plan Amendment, Zone Change, Site Plan Review, Tentative Tract Map, Density Bonus, and Initial Study/Mitigated Negative Declaration was sent to all tenants and property owners within 500- feet of the subject site, as well as to interested parties and outside agencies, and the public hearing notice was published in Downey Patriot; and,
WHEREAS, on May 1, 2024, the Planning Commission held a duly noticed public hearing, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted Resolution 24-4027, recommending the City Council approve the General Plan amendment, Zone Change, and Mitigated Negative Declaration, as well as Resolution 24-4028 recommending the City Council to approve a Site Plan Review and Density Bonus and Resolution 24-2029 recommending the City Council to approve a Tentative Tract Map; and,
WHEREAS, the City Council held a duly noticed public hearing on May 14, 2024, to fully consider all oral and written testimony and facts and opinions regarding the General Plan Amendment, Zone Change Request, and Mitigated Negative Declaration, Site Plan Review and Density Bonus, and Tentative Tract Map.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The City Council of the City of Downey hereby finds, determines, and declares as follows:
A. The zone change is necessary and desirable for the development of the community in harmony with the objectives of the General Plan and Chapter 8 of Article IX of the Downey Municipal Code and is in the interests or furtherance of the public health, safety, and general welfare. The application is found to achieve the policies and goals identified in the City’s recently adopted Housing Element Update. In particular, the Housing Element states that the City’s role is to facilitate the redevelopment of underutilized sites. This includes supporting the creation, adoption, and implementation of General Plan policies, zoning, and development standards and/or incentives to encourage the construction of various types of housing units. The proposed General Plan Amendment and Zone Change promote these practices. In addition, the State of California and the City have identified the need for housing in general and at affordable levels as a priority. The creation of housing is found to be in the interest of public health, safety, and general welfare.
B. The zone change will be compatible and complementary to existing conditions and adjoining property in the surrounding area. Changing the zoning from R-1 to R-3-O has been found, per the technical evidence, to not generate impacts that significantly alter existing conditions. Rather any impacts related to the nearby area are currently established and not a result of the application. Traffic impact are chiefly among cause for
ORDINANCE NO.
PAGE 3
concern, but are found to be a less than significant impact pertaining to the traffic generated by the project. A traffic impact analysis drafted for the project found that traffic generated by the project will be minimal, generating a daily net increase 158 trips, with an additional 10 trips at AM peak times and 13 additional trips at PM peak times. This means within any 15-minute interval between the hours of 7am and 9am (for AM peak periods), the highest expected traffic volume will be 10 additional vehicles entering or existing the site, and between 4pm and 6pm (for PM peak periods) a maximum of an additional 13 vehicles would be the highest volume entering or exiting the site. All other 15-minute intervals between those times would be less than the estimated peak trips. This increased trip generation is not found to alter the level of service of the nearby intersections and road segments. Additional studies conducted as part of the IS/MND that reflect less than significant impacts include, but are not limited to, air quality, water quality, and energy.
The technical evidence supports the statement that the project is compatible and complimentary.
C. With regard to compatibility with adjoining property, a mix of uses currently exists within the nearby vicinity although the area is designated as single family residential. Nearby uses include a 28-unit multiple family residential property to the south and light industrial uses to the west and further south. Furthermore, the creation of townhome ownership housing units will provide a housing type that is consistent with the General Plan goal of providing a variety of housing opportunity types.
D. The site location and configuration with streets on three sides may not present the best site plan layout to facilitate the requested project design with the strict adherence to all applicable property development standards. However, State Law pertaining to Density Bonus allowances of a Concession and various Waivers would permit the development of the site as prescribed in the Downey Municipal Code. Per the DMC, the total lot size is sufficient enough to accommodate 30-units and the applicant has exercised State Density Bonus rights that would allow for the development of a total of 33-units with the application of waivers of various City development standards. Compliance with State Density Bonus law would deem the development is of an appropriate size for the subject site. Therefore, this finding can be made in the affirmative.
E. The site properly relates to streets and highways designed and fully improved to carry the type and quantity of traffic that is expected to be generated in the area, and utilities exist or are planned which will adequately serve the property as rezoned. Changing the zoning from R-1 to R-3-O has been found, per technical studies, to not generate impacts that significantly alter existing conditions. Increased traffic is not found to alter the level of service of the nearby intersections and road segments. It should be noted that the nearby intersection of Suva and Guatemala operates at an unacceptable service level of “E”, and again the proposed project does not alter that service level grade. Alternatively, the City has begun analyzing potential improvements to raise the level of service grade to acceptable levels.
F. The proposed zone change is in general conformance with the General Plan and General Plan land use designation for the parcel. The Zone Change is filed in conjunction with a General Plan Amendment that will make both the zoning and General Plan consistent and conforming.
SECTION 2. Based on the findings set forth in Section 1 of this Ordinance, the City Council hereby approves the Zone Change for the Project, subject to conditions of approval attached hereto as Exhibit ‘A’.
ORDINANCE NO.
PAGE 4
SECTION 3. The City Council hereby determines property located at 7360 Foster Bridge Boulevard is hereby rezoned from R-1 (Single Family Residential) to R-3-O (Multifamily Residential Ownership), as outlined in Exhibit ‘B’ of this Ordinance.
SECTION 4. The City Council hereby approves the Project, based upon the entire record before it and all written and oral evidence presented.
SECTION 5. The City Clerk shall certify the adoption of this Ordinance
APPROVED AND ADOPTED this ___ day of ________ 2024.
________________________
MARIO TRUJILLO, Mayor
ATTEST:
____________________________
MARIA ALICIA DUARTE, CMC
City Clerk
APPROVED AS TO FORM:
_____________________________
JOHN M. FUNK
City Attorney
I HEREBY CERTIFY that the foregoing Resolution No. 24-___ was introduced at a Regular Meeting of the City Council of the City of Downey held on the 14th day of May, 2024, and adopted at a Regular Meeting of the City Council of the City of Downey held on the ___ day of ___, 2024, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
MARIA ALICIA DUARTE, CMC
City Clerk
ORDINANCE NO.
PAGE 5
PLN-23-00035
(ZONE CHANGE)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this Zone Change (PLN-23-00035) allows for a modification to the City’s Zoning Map from Single Family Residential to Multiple Family Residential for property located at 7360 Foster Bridge Boulevard.
2) This Ordinance shall run concurrently with Resolutions No. 24-8240, 24-8241 and 24- 8242 and is equally subject to the Conditions of Approval set forth in said resolutions.
3) Failure to carry out the approvals and Conditions of Approval detailed in Resolution Nos. 24-8240, 24-8241 and 24-8242 shall render this Ordinance null and void.
ORDINANCE NO.
PAGE 6
EXHIBIT B – ZONE CHANGE MAP
Existing Zoning
Proposed Zoning
R-1
R-1
R-3-O
RESOLUTION NO. 24-8240
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY (1) APPROVING A GENERAL PLAN AMENDMENT FOR A 33-UNIT TOWNHOME PROJECT AT 7360 FOSTER BRIDGE BOULEVARD THEREBY CHANGING
THE GENERAL PLAN DESIGNATION FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL AND (2) ADOPTING A MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM FOR THE PROJECT
WHEREAS, on March 20, 2023, the applicant, Steve Armanino (a representative of the Olson Company), submitted a request for a Site Plan Review, Tentative Tract Map, Density Bonus, General Plan Amendment, and Zone Change, to construct a new 33-unit townhome condominium ownership development at 7360 Foster Bridge Boulevard (“Project”); and,
WHEREAS, on April 20, 2023, the applicant was issued a letter deeming the application incomplete; and,
WHEREAS, on June 14, 2023, upon review of partially submitted materials, the applicant was issued a subsequent letter deeming the application incomplete; and,
WHEREAS, on September 18, 2023, upon review of partially submitted materials, the applicant was issued a subsequent letter deeming the application incomplete; and,
WHEREAS, on February 14, 2024, upon review of newly submitted supporting documents, the applicant was issued a subsequent letter deeming the application incomplete; and,
WHEREAS, on March 28, 2024, upon review of all required materials submitted, the applicant was issued a letter deeming the application complete; and,
WHEREAS, on April 4, 2024, a notice of public hearing for a General Plan Amendment, Zone Change, Site Plan Review, Tentative Tract Map, Density Bonus, and Initial Study/Mitigated Negative Declaration was sent to all tenants and property owners within 500-feet of the subject site, as well as to interested parties and outside agencies, and the public hearing notice was published in Downey Patriot; and,
WHEREAS, the Project is required to undergo an environmental review pursuant to the California Environmental Quality Act (CEQA) and the state CEQA Guidelines. Through its consultant, the City prepared an Initial Study leading to a Mitigated Negative Declaration (“IS/MND”) for the Project. On November 22, 2023, in accordance with the requirement of the California Environmental Quality Act, a Notice of Intent to adopt a Mitigated Negative Declaration was submitted to the Los Angeles County Recorder’s Office. The Mitigated Negative Declaration for the Project reflects the City’s independent judgment and analysis as lead agency for the Project; and,
WHEREAS, based on the IS/MND, the Project would have no impact or a less than significant impact on the following environmental issue areas: Agriculture and Forestry Resources, Air Quality, Energy, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Population and Housing, Public Services, Recreation, Transportation, Utilities and Service Systems, and Wildfire. The Project’s impacts on the following issue areas would be less than significant with the implementation of mitigation: Aesthetics, Biological Resources, Cultural Resources, Geology, Soils, and Paleontological Resources,
RESOLUTION NO. 24-8240
PAGE 2
Hazards and Hazardous Materials, Noise and Tribal Cultural Resources. All impacts would be less than significant after mitigation; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on April 17, 2024, and after fully considering all oral and written testimony, facts, and opinions it was motioned and seconded to adopt resolutions recommending the requisite approvals by the City Council for the Project. The motion did not carry with a vote of 2-2. No additional motions were made or voted upon; and,
WHEREAS, on April 18, 2024, the applicant requested the application to be re-agendized and independently, at a new public hearing, to be presented to the Planning Commission once again; and,
WHEREAS, on April 18, 2024, a notice of public hearing for a General Plan Amendment, Zone Change, Site Plan Review, Tentative Tract Map, Density Bonus, and Initial Study/Mitigated Negative Declaration was sent to all tenants and property owners within 500-feet of the subject site, as well as to interested parties and outside agencies, and the public hearing notice was published in Downey Patriot; and,
WHEREAS, on May 1, 2024, the Planning Commission held a duly noticed public hearing, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted Resolution 24-4027, recommending the City Council approve the General Plan amendment, Zone Change, and Mitigated Negative Declaration, as well as Resolution 24-4028 recommending the City Council to approve a Site Plan Review and Density Bonus and Resolution 24-2029 recommending the City Council to approve a Tentative Tract Map; and,
WHEREAS, the City Council held a duly noticed public hearing on May 14, 2024, to fully consider all oral and written testimony and facts and opinions regarding the General Plan Amendment, Zone Change Request, and Mitigated Negative Declaration, Site Plan Review and Density Bonus, and Tentative Tract Map.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. In accordance with California Public Resources Code Section 21091 and State CEQA Guidelines Section 15073, the Initial Study/Mitigated Negative Declaration for the Project was circulated for a 30-day public review and comment period from November 22, 2023 through December 22, 2023. The City initiated a 30-day public comment period by filing a Notice of Completion and Intent with the State Office of Planning and Research. The document was available for public review at the City of Downey City Hall, City Library, Barbara J. Riley Community Center, Columbia Space Center, on the City’s website, and at the State Office of Planning and Research State Clearinghouse webpage (SCH Number 2023110530). At the completion of the comment period, comments from a member of the public and one public agency were received and incorporated as part of the Final Initial Study/Mitigated Negative Declaration (“Final IS/MND”) and are incorporated herein by reference. The mitigation measures set forth in the MND are fully enforceable and will be implemented using the related Mitigation Monitoring and Reporting Program, accompanying the Final IS/MND in order to avoid or minimize adverse environmental impacts identified therein.
.
RESOLUTION NO. 24-8240
PAGE 3
SECTION 2. The City Council of the City of Downey hereby finds, determines, and declares as follows:
A. The proposed General Plan Amendment (changing the General Plan Designation from Low Density Residential to Medium Density Residential for the Project) is consistent with all other goals, policies, programs, and land uses of applicable elements of the General Plan. The application is found to achieve the policies and goals identified in the City’s recently adopted Housing Element Update. In particular, the Housing Element states that the City’s role is to facilitate the redevelopment of underutilized sites. This includes supporting the creation, adoption, and implementation of General Plan policies, zoning, and development standards and/or incentives to encourage the construction of various types of housing units. The proposed General Plan Amendment and Zone Change promote these practices. In addition, the following goals, policies, and programs are promoted by the application:
Land Use Element
Policy 1.1.2. Provide an appropriate amount of land area to absorb the City’s future growth.
Program 1.1.2.1. Identify areas to absorb population growth and support additional housing.
Policy 1.4.3. Promote home ownership.
Program 1.4.3.1. Promote ownership-based housing, such as condominiums, townhouses, and planned unit developments.
Housing Element
Goal 1. Encourage a variety of housing types to meet the existing and future needs of City residents.
Policy 1.1. Accommodate a variety of housing types to meet the needs of all residents.
Policy 1.2. Encourage and facilitate a range of housing to accommodate the City’s share of regional housing and special housing needs.
Policy 1.5 Encourage infill development and recycling of land to provide adequate residential sites
Goal 2. Assist in the development of adequate housing and provide resources to meet the needs of low- and moderate-income and special needs households.
Policy 2.1 Facilitate housing development of affordable to lower-income households by providing technical assistance, regulatory incentives and concessions, and financial resources as funding permits.
Policy 2.2 Encourage the inclusion of housing affordable to lower-income households when reviewing proposals for new housing developments.
Goal 3. Address and where legally possible, remove governmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities.
Policy 3.2 Utilize density bonuses, fee reductions, or other regulatory incentives, as available and appropriate, to minimize the effect of governmental constraints.
B. The proposed General Plan Amendment will not adversely affect surrounding properties or the surrounding environment. The proposed development has been found, per the technical evidence, to not hold the capability of generating impacts that
RESOLUTION NO. 24-8240
PAGE 4
significantly alter existing conditions. Rather any impacts related to the nearby area are currently established and not a result of the application. The most prominent existing impact within the nearby area is traffic. The Traffic Impact Analysis (TIA) drafted as part of the project review also reveals that existing conditions will not be exacerbated by the proposed project. It should be noted that the TIA does find that one of the intersections, Suva and Guatemala, currently operates at an unacceptable level of service of “E”. Therefore, it is evident that impacts are present and preexisting.
The TIA further finds that even with the project the same level of service grade will remain. The City has conducted and continues to conduct analysis of the surrounding traffic conditions in an effort to achieve acceptable levels of service, and is exploring implementing modifications to signaling. Studies conducted as part of the IS/MND that reflect less than significant impacts include, but are not limited to, air quality, water quality, and energy.
The matter of privacy has also been raised by nearby residents, and it has been found that the third story level of the development does have the capability of seeing directly into adjacent neighboring lots more so than what would be expected of other neighboring properties. Privacy mitigations have been established in the recommended Conditions of Approval found in City Council Resolution for a Site Plan Review and Density Bonus. More specifically, prior to issuance of the first certificate of occupancy, the developer shall install enhanced landscaping along the northern boundary of the site. Its purpose is to substantially block views and lighting from the project site onto the residence at 7336 Foster Bridge Boulevard just north of the site.
The City’s Planning Division shall be responsible for ensuring that the design and location of this enhanced landscaping, primarily trees, is included in the landscaped plans and is installed prior to the issuance of the first certificate of occupancy.
C. The proposed General Plan Amendment promotes the public health, safety, and general welfare and serves the goals and purposes of Article IX of the Downey Municipal Code (Land Use). The City’s Housing Element within the General Plan holds goals, policies, and programs advocating for the development of new housing. The City, through the Housing Element, and the State of California identify housing as a priority. In addition, a variety of state policies place the responsibility for facilitating new housing in the hands of local governments. Efforts to facilitate new housing, as outlined in the Housing Element, come in the form of land use practices such as general plan amendments and zone changes. Therefore, a finding can be made that the application serves the goals and purpose of the General Plan. In addition, it is widely recognized that the creation of housing is found to be in the interest of public health, safety, and general welfare.
D. The proposed General Plan Amendment will not conflict with provisions of Article IX of the Downey Municipal Code, including the City’s subdivision ordinance, although, the amendment will facilitate a housing development that surpasses the Downey Municipal Code (DMC) prescribed density and development standards. The additional allowances are allowed per State Density Bonus Law. In addition, the lot does conform to the minimum requirements for the corresponding R-3-O zone with applicable concession and waivers. Lastly, the Tentative Tract Map is processed in compliance with the provisions of the Subdivision Map Act.
RESOLUTION NO. 24-8240
PAGE 5
SECTION 3. Based on the findings set forth in Section 2 of this Resolution, the City Council hereby approves the General Plan Amendment for the Project, subject to conditions of approval attached hereto as Exhibit ‘A’.
SECTION 4. The City Council has independently reviewed and analyzed the information contained in the Final Initial Study/Mitigated Negative Declaration for the Project. The City Council has, as a result of its consideration and the evidence presented at the hearing on this matter, determined that, as required pursuant to the CEQA and the State CEQA Guidelines, the Final IS/MND adequately addresses the expected environmental impacts of the Project. On the basis of this review, the City Council finds that there is no substantial evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment.
SECTION 5. The City Council hereby determines property located at 7360 Foster Bridge Boulevard is hereby re-designated from General Plan Designation LDR (Low Density Residential) to MDR (Medium Density Residential), as outlined in Exhibit ‘B’.
SECTION 6. The City Council hereby adopts the Mitigated Negative Declaration and the related Mitigation Monitoring and Reporting Program for the Project outlined in Exhibit ‘C’.
SECTION 7. The City Council hereby approves the Project, based upon the entire record before it and all written and oral evidence presented.
SECTION 8. The City Clerk shall certify the adoption of this Resolution.
APPROVED AND ADOPTED this ___ day of ________ 2024.
________________________
MARIO TRUJILLO, Mayor
ATTEST:
____________________________
MARIA ALICIA DUARTE, CMC
City Clerk
APPROVED AS TO FORM:
_____________________________
JOHN M. FUNK
City Attorney
I HEREBY CERTIFY that the foregoing Resolution No. 24-___ was introduced at a Regular Meeting of the City Council of the City of Downey held on the 14th day of May, 2024,
RESOLUTION NO. 24-8240
PAGE 6
and adopted at a Regular Meeting of the City Council of the City of Downey held on the ___ day of ___, 2024, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
MARIA ALICIA DUARTE, CMC
City Clerk
RESOLUTION NO. 24-8240
PAGE 7
PLN-23-00035
(GENERAL PLAN AMENDMENT)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this General Plan Amendment (PLN-23-00035) allows for a modification to the City’s General Plan Designation from Low Density Residential to Medium Density Residential for property located at 7360 Foster Bridge Boulevard.
2) This Resolution, Resolution No. 24-8240, shall run concurrently with Ordinance to change zoning for property located at 7360 Foster Bridge Road and Resolution Nos. 24-8241 and 24-8242 and is equally subject to the Conditions of Approval set forth in said ordinance and resolutions.
3) Failure to carry out the approvals and Conditions of Approval detailed in Ordinance to change zoning for property located at 7360 Foster Bridge Road and Resolution Nos. 24- 24-8241 and 24-8242 shall render this Resolution null and void.
RESOLUTION NO. 24-8240
PAGE 8
EXHIBIT B – GENERAL PLAN AMENDMENT MAP
Existing General Plan Land Use Designation
Proposed General Plan Land Use Designation
Low
Density
Residential
Medium
Density
Residential
Low
Density
Residential
Mitigation Monitoring and Reporting Progra m
Project: Foster Bridge and Bluff Community Residential Project (VTTM 84168) Date: January 9, 2024 Impact Category/
Mitigation Measures
Implementation
Timing
Responsible
Monitoring Party
Monitoring/
Reporting Method
Compliance
Verification
AESTHETICS
AES-1: Enhanced Landscaping. Prior to issuance of the first occupancy permit, the developer shall install enhanced landscaping along the northern boundary of the site. Its purpose is to substantially block views and lighting from the project site onto the residence at 7336 Foster Bridge Boulevard just north of the site. The design and location of this enhanced landscaping, primarily trees, shall be the responsibility of the City Planning Department.
Prior to
issuance of the
first certificate
of occupancy
Developer and
landscaping
contractor
City Planning staff
verify installation
prior to COO
issued
BIOLOGICAL RESOURCES
Nesting Bird Survey. To the extent feasible, construction activities shall be scheduled to avoid the nesting season. If construction activities are scheduled to take place outside the nesting season, all impacts to nesting birds protected under the MBTA and California Fish and Game Code must be avoided. The nesting season for most birds in Los Angeles County extends from February 1 through September 1.
If it is not possible to schedule construction activities between September 1 and January 31, then a pre-construction survey for nesting birds will be conducted by a qualified biologist to ensure that no nests would be disturbed during project implementation. This survey will be conducted no more than 5 days prior to the initiation of any site disturbance activities and equipment mobilization, including tree, shrub, or vegetation removal, fence installation, grading, etc. If project activities are delayed by more than 5 days, an additional nesting bird survey will be performed. During this survey, the biologist will inspect all trees and other potential nesting habitats (e.g., trees and shrubs) in and immediately adjacent to the impact area for nests. Active nesting is present if a bird is building a nest, sitting in a nest, a nest has eggs or chicks in it, or adults are observed carrying food to the nest. The results of the survey(s) will be documented.
If an active nest is found sufficiently close to work areas to be disturbed by these activities, the qualified biologist will determine the extent of a construction-free buffer zone to be established around the nest (typically up to 300 feet for raptors and up to 100 feet for other species), to ensure that no nests of species protected by the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code will be disturbed during project implementation. Within the buffer zone, no site disturbance and mobilization of heavy equipment, including but not limited to equipment staging, fence installation, clearing, grubbing, vegetation removal, demolition, and grading will be permitted until the chicks have fledged.
No more than 3
days prior to the
start of any
ground
disturbance
City Planning
Department
Written proof of
survey prior to
issuance of a
grading permit
Attachment G (Exhibit C)
Impact Category/
Mitigation Measures
Implementation
Timing
Responsible
Monitoring Party
Monitoring/
Reporting Method
Compliance
Verification
A qualified biologist is an individual who has a degree in biological sciences or related resource management with a minimum of two seasonal years post- degree experience conducting surveys for nesting birds. During or following academic training, the qualified biologist will have achieved a high level of professional experience and knowledge in biological sciences and special- status species identification, ecology, and habitat requirements.
CULTURAL RESOURCES
CUL-1: Unanticipated Resources. In the event that archaeological resources (sites, features, or artifacts) are exposed during construction activities of the project, all construction work occurring within 100 feet of the find shall immediately stop until a qualified archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards, can evaluate the significance of the find and determine whether or not additional study is warranted. Depending upon the significance of the find under the California Environmental Quality Act (CEQA: 14 CCR 15064.5(f): PRC Section 21083.2), the archaeologist may simply record the find and allow work to continue. However, if the discovery proves significant under CEQA, additional work, such as preparation of an archaeological treatment plan, testing, or data recovery, may be warranted.
During and after
grading
City Planning
Department, project
archaeologist, and
consulting tribe(s) to
determine
disposition of any
unique archeological
resources
City Planning
Department to
document
continued
consultation as
needed with tribal
representatives
GEOLOGY/SOILS/PALEONTOLOGICAL RESOURCES
GEO-1: Supplemental Geotechnical Report. Prior to issuance of a grading permit, the project proponent shall retain a qualified geotechnical consultant to prepare a supplemental geotechnical investigation as recommended by the “Geotechnical Due-Diligence Investigation” prepared by Albus & Associates, Inc. dated February 6, 2023. The supplemental report shall be certified by the City Engineer as adequate for the purposes of design, permitting, and construction.
Prior to issuance
of a grading
permit
Qualified engineer
shall submit a
supplemental
geotechnical report
to the City
Engineering
Department
City Engineer shall
sign off on the
supplemental
report prior to
issuance of the
permit
GEO-2: Conduct Paleontological Sensitivity Training for Construction Personnel. The project proponent must retain a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, to conduct a Paleontological Sensitivity Training for construction personnel before commencement of excavation activities. The training would include a handout and would focus on how to identify paleontological resources that may be encountered during earthmoving activities, and the procedures to be followed in such an event; the duties of paleontological monitors; notification and other procedures to follow upon discovery of resources; and the general steps a qualified professional paleontologist would follow in conducting a salvage investigation if one is necessary.
Prior to the start
of grading or
clearing the site
Developer shall
retain a qualified
paleontologist to
conduct training of
grading and clearing
staff regarding
paleontological
resources
Project
paleontologist shall
prepare a brief
report to the City
Planning
Department
summarizing their
training efforts.
GEO-3: Conduct Periodic Paleontological Spot Checks During Grading and Earth-Moving Activities. The project proponent must retain a During grading Project
paleontologist shall
Project
paleontologist shall
Attachment G (Exhibit C)
Impact Category/
Mitigation Measures
Implementation
Timing
Responsible
Monitoring Party
Monitoring/
Reporting Method
Compliance
Verification
professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, to conduct periodic Paleontological Spot Checks beginning at depths below six feet from the surface to determine if construction excavations extend into older Quaternary deposits. After the initial Paleontological Spot Check, further periodic checks would be conducted at the discretion of the qualified paleontologist. If the qualified paleontologist determines that construction excavations have extended into the older Quaternary deposits, construction monitoring for Paleontological Resources are required. The project proponent must retain a qualified paleontological monitor, who would work under the guidance and direction of a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology. The paleontological monitor must be present during all construction excavations (e.g., grading, trenching, or clearing/grubbing) into the older Pleistocene alluvial deposits. Multiple earth- moving construction activities may require multiple paleontological monitors.
The frequency of monitoring is based on the rate of excavation and grading activities, proximity to known paleontological resources and/or unique geological features, the materials being excavated (native versus artificial fill soils), and the depth of excavation, and if found, the abundance and type of paleontological resources and/or unique geological features encountered.
Full-time monitoring can be reduced to part-time inspections if determined adequate by the qualified professional paleontologist.
conduct
unannounced
checks of project
clearing and grading
to assure proper
procedures of GEO-
2 are being followed
prepare a brief
report to the City
Planning
Department
summarizing the
results of their
monitoring efforts
GEO-4: Cease Ground-Disturbing Activities and Implement Treatment Plan if Paleontological Resources Are Encountered. In the event that paleontological resources and or unique geological features are unearthed during ground-disturbing activities, ground-disturbing activities the paleontological monitor may halt or divert away from the vicinity of the find so that the find can be evaluated. A buffer area of at least 50 feet must be established around the find where construction activities are not allowed to continue until an appropriate paleontological treatment plan is approved by the project proponent and the City. Work is allowed to continue outside of the buffer area. The project proponent and City would coordinate with a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, to develop an appropriate treatment plan for the resources. Treatment may include implementation of paleontological salvage excavations to remove the resource along with subsequent laboratory processing and analysis or preservation in place. At the paleontologist’s discretion and to reduce construction delay, the grading and excavation contractor would assist in removing rock samples for initial processing.
During grading If summoned to the
site or observes
paleontological
resources, the
project
paleontologist shall
immediately halt
grading to evaluate
the find and
determine
appropriate action
based on the find
and notify the City
Planning
Department
immediately of the
discovery
Once notified, the
Planning
Department shall
monitor any
recovery activities
in consultation with
the project
paleontologist
GEO-5: Prepare Report Upon Completion of Monitoring Services. If paleontological resources are found, upon completion of the activities identified under Mitigation Measure GEO-4, the professional paleontologist Within 45 days
of the
Paleontologist shall
prepare a summary
report of monitoring
The Planning
Department shall
confirm in email or
Attachment G (Exhibit C)
Impact Category/
Mitigation Measures
Implementation
Timing
Responsible
Monitoring Party
Monitoring/
Reporting Method
Compliance
Verification
would prepare a report summarizing the results of the monitoring and salvaging efforts, the methodology used in these efforts, and a description of the fossils collected and their significance. The report would be submitted to the project proponent, the City, the Natural History Museums of Los Angeles County, and representatives of other appropriate or concerned agencies to signify the satisfactory completion of the project and required mitigation measures.
completion of
grading
activities, any
resources found,
and the disposition
of any resources
writing the receipt
of the project
paleontologist’s
report(s).
HAZARDS/HAZARDOUS MATERIALS
HAZ-1: Inadvertent Hazmat Discovery. Prior to issuance of a grading permit, the project proponent shall retain a qualified environmental professional (QEP) experienced with remediating hazardous materials from infill urban construction sites. The QEP must be on-call and summoned to the site immediately if any potentially hazardous materials are found during grading. Grading must be halted within 100 feet of an area that appears to contain hazardous materials. The QEP will halt grading as necessary to effectively identify the potential contaminated materials, including directing any sampling and laboratory testing that may be required.
If soils are found to be contaminated at levels that are only slightly in excess of applicable residential standards, the QEP shall exercise professional discretion and have the option to coordinate with the grading contractor and developer to either remove contaminated soil and/or mix the contaminated soil with clean soil from either onsite or offsite to dilute any contaminants to below applicable exposure standards for residential development.
Remediated areas must be retested to assure potential contaminant levels are below applicable residential standards. The results of any testing shall be provided to the City or other agencies as appropriate and no further action is needed. Any contaminated soil that must be removed from the site shall be done by a licensed contractor and hauled to a landfill approved for such materials. This measure shall be implemented to the satisfaction of the City Community Development Department.
Prior to issuance
of a grading
permit
During grading
Developer shall
retain a QEP and
provide written proof
to the City Planning
Department
Upon notification or
observing the
discovery of any
unknown materials
during grading, the
Project QEP shall
halt work in that
area and determine
the identify of the
material(s).
If any hazardous
materials are found,
the QEP will
coordinate with the
City, developer, and
LA County Fire
Department, Health
Hazardous Materials
Division (CUPA) if
necessary to
determine the
appropriate
disposition for the
materials.
HAZ-2: ACMs and LBP Survey. Prior to demolition of any structures on the project site, the developer shall retain qualified licensed environmental contractor(s) to survey the existing onsite church building and any related structures for asbestos-containing materials (ACMs) and Lead-Based Paints Prior to issuance
of a demolition
permit
Developer shall
retain qualified
personnel to survey
the church buildings
Developer shall
document results of
ACM and LBP
survey and what, if
Attachment G (Exhibit C)
Impact Category/
Mitigation Measures
Implementation
Timing
Responsible
Monitoring Party
Monitoring/
Reporting Method
Compliance
Verification
(LBPs). If the survey finds the presence of any ACMs or LBPs on the site, the contractor(s) shall follow all relevant guidance from affected regulatory agencies (e.g., CalEPA, SCAQMD, DTSC, County Health Department, etc.) in terms of safe removal and disposal of the contaminated materials as appropriate. The contractor(s) shall prepare and submit a final report to the City Community Development Department within 30 days after completion of demolition/removal for ACMs and LBPs on the project site. for ACMs and LBP
and conduct
appropriate
remediation of such
materials are found
any, remediation
was conducted.
Demolition permit
shall not be issued
until the City
Planning
Department
concurs with its
findings
NOISE
NOI-1: Notify Residential Land Uses of Planned Construction Activities.
This notice shall be provided at least two (2) weeks prior to the start of any construction activities, describe the noise control measures to be implemented by the project, and include the name and phone number of the designated contact for the project proponent and the City of Downey responsible for handling construction-related noise complaints (per MM NOI- 5). This notice shall be provided to the owner/occupants of residential dwelling units within 500 feet of construction work areas.
At least two (2)
weeks prior to
the start of any
construction
activities
Developer shall
provide verifiable
notice to local
residential neighbors
within 200 feet of the
project boundaries
of the start of
construction
Developer shall
provide copies of
notices, mailing
lists, methods of
delivery, and
confirmation of
receiving the
notices
NOI-2: Restrict Work Hours. All construction-related work activities, including material deliveries, shall be subject to the requirements of City Municipal Code Section 4.50.100. Construction activities, including deliveries, shall occur only during the hours of 7 AM to 7 PM Monday to Friday and 9 AM to 6 PM on Saturday, Sunday, and holidays. The project proponent representative and/or its contractor shall post a sign at all entrances to the construction site informing contractors, subcontractors, other workers, etc. of this requirement
During any
construction-
related activities
on the site
Developer shall
certify to the City
they are enforcing
the City’s work hour
restrictions, post
appropriate signs,
and place work hour
limits on
construction plans
City Inspectors as
appropriate to
monitor work hour
limits as necessary
NOI-3: Construction Equipment Selection, Use, and Noise Control Measures. The following measures shall apply to construction equipment used at the project site:
a. Contractors shall use the smallest size equipment capable of safely completing work activities.
b. Construction staging shall occur as far away from residential land uses as possible given site and active work constraints.
c. Electric hook-ups shall be provided for stationary equipment (e.g., pumps, compressors, welding sets). If it is not feasible to provide an electric hook- up, the project proponent shall ensure mitigation measures 3a and 3d are implemented.
d. All stationary noise generating equipment shall be shielded and located as far as possible from residential land uses given site and active work constraints. Shielding may consist of existing vacant structures or a three- Prior to and
during any
construction
activities on the
site
Developer shall
certify in writing they
will implement these
procedures during
all work activities.
Notes shall be
placed on
construction plans to
this effect and
initialed by all sub-
contractors
City Inspectors
shall verify this
compliance with
unannounced
inspections during
work activities
Attachment G (Exhibit C)
Impact Category/
Mitigation Measures
Implementation
Timing
Responsible
Monitoring Party
Monitoring/
Reporting Method
Compliance
Verification
or four-sided enclosure provided the structure/enclosure breaks the line of sight between the equipment and the receptor and provides for proper ventilation and equipment operation.
e. Heavy equipment engines shall be equipped with standard noise suppression devices such as mufflers, engine covers, and engine/mechanical isolators, mounts, and be maintained in accordance with manufacturer’s recommendations during active construction activities.
f. Pneumatic tools shall include a suppression device on the compressed air exhaust.
g. No radios or other amplified sound devices shall be audible beyond the property line of the construction site.
NOI-4: Implement Construction Activity Noise Control Measures. The following measures shall apply to project construction activities:
a. Demolition: Activities shall be sequenced to take advantage of existing shielding/noise reduction provided by existing buildings or parts of buildings and methods that minimize noise and vibration, such as sawing concrete blocks, prohibiting on-site hydraulic breakers, crushing or other pulverization activities, shall be employed during project construction. b. Demolition, Site Preparation, Grading, and Foundation Work: During all demolition, site preparation, grading, and structure foundation work activities, a physical noise barrier shall be installed and maintained around the site perimeter to the maximum extent feasible given site constraints and access requirements along the north boundary of the project site*. The noise barrier shall extend to a height of eight (8) feet above grade. Potential barrier options capable of reducing construction noise levels could include, but are not limited to:
i. A concrete, wood, or other barrier installed at-grade (or mounted to structures located at-grade, such as a K-Rail), and consisting of a solid material (i.e., free of openings or gaps other than weep holes) that has a minimum rated transmission loss value of 20 dB. ii. Commercially available acoustic panels or other products such as acoustic barrier blankets that have a minimum sound transmission class (STC) or transmission loss value of 20 dB.
iii. Any combination of noise barriers and commercial products capable of achieving required construction noise reductions during demolition, site preparation, grading, and structure foundation work activities.
During all
project
construction
activities as
appropriate
Developer shall
certify to the City
these measures will
be implemented by
all contractors and
sub-contractors on
the site
City Inspectors
shall verify this
compliance with
unannounced
inspections during
work activities
Attachment G (Exhibit C)
Impact Category/
Mitigation Measures
Implementation
Timing
Responsible
Monitoring Party
Monitoring/
Reporting Method
Compliance
Verification
iv. The noise barrier may be removed following the completion of building foundation work (i.e., it is not necessary once framing and typical vertical building construction begins provided no other grading, foundation, etc. work is still occurring on-site).
NOI-5: Prepare a Construction Noise Complaint Plan. The project proponent shall prepare a Construction Noise Complaint Plan that shall:
a. Identify the name and/or title and contact information (including phone number and email) for a designated project and City representative responsible for addressing construction-related noise issues. b. Includes procedures describing how the designated project representative will receive, respond, and resolve construction noise complaints.
c. At a minimum, upon receipt of a noise complaint, the project representative shall notify the City contact, identify the noise source generating the complaint, determine the cause of the complaint, and take steps to resolve the complaint.
Prior to issuance
of any permit for
any construction
activities
Developer, in
consultation with
their noise
consultant, shall
prepare a CNCP for
review and approval
by the City Planning
Department
The City Planning
Department shall
approve the CNCP
prior to issuance of
any work permits
for the project
Tribal Cultural Resources
TCR-1: Tribal Monitor. The project applicant/lead agency shall retain a Native American Monitor from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation. The monitor shall be retained prior to the commencement of any “ground-disturbing activity” for the subject project at all project locations (i.e., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.
A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity.
The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be Prior to issuance
of a grading
permit
During grading
Developer shall
submit written
verification of NA
tribal monitoring
agreement(s)
Tribal monitor(s) to
observe grading and
confirm completion
to the City Planning
Department
Planning
Department verify
signed
agreement(s) in
place
Planning
Department confirm
receipt of tribal
completion notice
Attachment G (Exhibit C)
Impact Category/
Mitigation Measures
Implementation
Timing
Responsible
Monitoring Party
Monitoring/
Reporting Method
Compliance
Verification
provided to the project applicant/lead agency upon written request to the Tribe.
On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh TCRs.
TCR-2: Unanticipated Discoveries. Upon discovery of any Tribal Cultural Resources (TCRs), all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes.
During grading Tribal monitor(s)
and/or archaeologist
communicate
discovery of
resources within one
hour of discovery to
Planning
Department
Planning
Department confirm
tribal notification
and consult with
monitoring tribe as
to the disposition of
the discovered
resource
TCR-3: Human Remains. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).
Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.
During grading Tribal monitor(s)
and/or archaeologist
communicate
discovery of remains
within one hour of
discovery to
Planning
Department
Planning
Department confirm
tribal notification
and consult with
monitoring tribe as
to the disposition of
the discovered
remains
* This minor change was made to correct an inaccurate statement in the draft IS/MND noise section that the proposed constructio n noise barrier was needed around the entire site since the noise study determined the barrier was actually needed only on the north side of the site to meet City noise standards. This change is documented in the Final IS/MND Memo dated January 9, 2024.
Attachment G (Exhibit C)
RESOLUTION NO. 24-8241
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING A SITE PLAN REVIEW (PLN-23-00035) AND A DENSITY BONUS APPLICATION, THEREBY ALLOWING THE CONSTRUCTION OF A 33-UNIT
RESIDENTIAL CONDOMINIUM OWNERSHIP TOWNHOUSE DEVELOPMENT LOCATED AT 7360 FOSTER BRIDGE BOULEVARD
WHEREAS, on March 20, 2023, the applicant, Steve Armanino (a representative of the Olson Company), submitted a request for a Site Plan Review, Tentative Tract Map, Density Bonus, General Plan Amendment, and Zone Change, to construct a new 33-unit townhome condominium ownership development at 7360 Foster Bridge Boulevard (“Project”); and,
WHEREAS, on April 20, 2023, the applicant was issued a letter deeming the application incomplete; and,
WHEREAS, on June 14, 2023, upon review of partially submitted materials, the applicant was issued a subsequent letter deeming the application incomplete; and,
WHEREAS, on September 18, 2023, upon review of partially submitted materials, the applicant was issued a subsequent letter deeming the application incomplete; and,
WHEREAS, on February 14, 2024, upon review of newly submitted supporting documents, the applicant was issued a subsequent letter deeming the application incomplete; and,
WHEREAS, on March 28, 2024, upon review of all required materials submitted, the applicant was issued a letter deeming the application complete; and,
WHEREAS, on April 4, 2024, a notice of public hearing for a General Plan Amendment, Zone Change, Site Plan Review, Tentative Tract Map, Density Bonus, and Initial Study/Mitigated Negative Declaration was sent to all tenants and property owners within 500-feet of the subject site, as well as to interested parties and outside agencies, and the public hearing notice was published in Downey Patriot; and,
WHEREAS, the Project is required to undergo an environmental review pursuant to the California Environmental Quality Act (CEQA) and the state CEQA Guidelines. Through its consultant, the City prepared an Initial Study leading to a Mitigated Negative Declaration (“IS/MND”) for the Project. On November 22, 2023, in accordance with the requirement of the California Environmental Quality Act, a Notice of Intent to adopt a Mitigated Negative Declaration was submitted to the Los Angeles County Recorder’s Office. The Mitigated Negative Declaration for the Project reflects the City’s independent judgment and analysis as lead agency for the Project; and,
WHEREAS, based on the IS/MND, the Project would have no impact or a less than significant impact on the following environmental issue areas: Agriculture and Forestry Resources, Air Quality, Energy, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Population and Housing, Public Services, Recreation, Transportation, Utilities and Service Systems, and Wildfire. The Project’s impacts on the following issue areas would be less than significant with the implementation of mitigation: Aesthetics, Biological Resources, Cultural Resources, Geology, Soils, and Paleontological Resources,
Resolution No. 24-8241
Hazards and Hazardous Materials, Noise and Tribal Cultural Resources. All impacts would be less than significant after mitigation; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on April 17, 2024, and after fully considering all oral and written testimony, facts, and opinions it was motioned and seconded to adopt this resolution. The motion did not carry with a vote of 2-2. No additional motions were made or voted upon; and,
WHEREAS, on April 18, 2024, the applicant requested the application to be re-agendized and independently, at a new public hearing, to be presented to the Planning Commission once again; and,
WHEREAS, on April 18, 2024, a notice of public hearing for a General Plan Amendment, Zone Change, Site Plan Review, Tentative Tract Map, Density Bonus, and Initial Study/Mitigated Negative Declaration was sent to all tenants and property owners within 500-feet of the subject site, as well as to interested parties and outside agencies, and the public hearing notice was published in Downey Patriot; and,
WHEREAS, on May 1, 2024, the Planning Commission held a duly noticed public hearing, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted Resolution 24-4027, recommending the City Council approve the General Plan amendment, Zone Change, and Mitigated Negative Declaration, as well as Resolution 24-4028 for a Site Plan Review and Density Bonus and Resolution 24-2029 for a Tentative Tract Map; and,
WHEREAS, the City Council held a duly noticed public hearing on May 14, 2024, to fully consider all oral and written testimony and facts and opinions regarding the General Plan Amendment, Zone Change Request, and Mitigated Negative Declaration, Site Plan Review and Density Bonus, and Tentative Tract Map.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The City Council of the City of Downey hereby finds, determines, and declares as follows:
A. The site plan is consistent with the goals and polices embodied in the General Plan and other applicable plans and policies adopted by the City Council. In addition, the project’s objective to revitalize the site helps achieve various long-term goals. Specifically, the following policies are promoted by the Site Plan Review:
Land Use Element
Policy 1.4.3. Promote home ownership.
Program 1.4.3.1. Promote ownership-based housing, such as condominiums, townhouses, and planned unit developments.
The project includes 33 separate townhomes exclusively for sale. Of the 33-units, 30 will be sold at market rate prices and three will be sold at at-least an affordable level of moderate-income levels. The moderate-income affordability units are required to maintain their affordability level for a minimum of 55 years.
Resolution No. 24-8241
Housing Element
Goal 1. Encourage a variety of housing types to meet the existing and future needs of City residents.
Policy 1.1. Accommodate a variety of housing types to meet the needs of all residents.
Policy 1.2. Encourage and facilitate a range of housing to accommodate the City’s share of regional housing and special housing needs.
Policy 1.5 Encourage infill development and recycling of land to provide adequate residential sites
As previously stated, the project involves the sale of townhomes with three of the units to be sold at an affordability level of moderate-income. These three units, along with the other 30 market rate units, will reduce the City’s Regional Housing Needs Allocation (RHNA) of 6,525 units needed between 2021 – 2029 in order for the State to achieve sustainable housing levels. Since 2021, the City has only reduced the City’s RHNA by 17 market rate units and only a total of four other housing projects are proposed in separate applications. It should be noted that these separate applications each have respective development constraints that may render the projects infeasible. Lastly, the project proposes to recycle an existing in-fill site with a land use that may be described as meeting the end of its life cycle.
Goal 2. Assist in the development of adequate housing and provide resources to meet the needs of low- and moderate-income and special needs households.
Policy 2.2 Encourage the inclusion of housing affordable to lower-income households when reviewing proposals for new housing developments.
Goal 3. Address and where legally possible, remove governmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities.
Policy 3.2 Utilize density bonuses, fee reductions, or other regulatory incentives, as available and appropriate, to minimize the effect of governmental constraints.
The project will provide three units at an affordable level of moderate-income. Moderate- income housing is required for compliance with the City’s Inclusionary Housing Ordinance, which requires residential ownership projects of this size to provide 10% of the proposed units as affordable units. In addition, the applicants propose to exercise State Density Bonus Allowances that require the project to provide at least 5% of the units as moderate- income units.
Design Element
Policy 8.1.1 – Promote architectural design of the highest quality.
Policy 8.2.2 – Promote the upgrading of properties.
The proposed architecture is a significant upgrade to the existing facilities on site. The redevelopment of this site has the potential of serving as an example of higher quality architecture for future developments within the city.
B. The proposed development is in accordance with the purposes and objectives of Article IX of the Downey Municipal Code (Land Use) and the zone in which the site is located.
The application for a Site Plan Review is made in conjunction with an application for a
Resolution No. 24-8241
General Plan Amendment and Zone Change to modify the site from Low Density Residential and Single-Family zoning (R-1) to Medium Density Residential and Multiple Family Residential zoning (R-3). The purpose of the R-3 zone, as stated in the Downey Municipal Code, “is intended to provide for the development of multiple-family residential living areas compatible with the neighborhood environment and outdoor recreation potential of the community. Such areas are envisioned as being located and designed to be complementary to adjacent uses and at the same time provide suitable space for multiple-family living quarters.” The proposed application is in full conformance with the objective stated above.
C. The proposed development’s site plan and its design features, including architecture and landscaping, will integrate harmoniously and enhance the character and design of the site, the immediate neighborhood, and the surrounding areas of the City. The proposed design of the project will integrate harmoniously with this area by providing aesthetically pleasing architecture and landscaping. The renovations to the site serve as a significant upgrade from the existing facilities. In addition, the streetscape will be enhanced as well as the transition from the street onto the site through the proposed landscaping, pedestrian access, and upgraded driveway and driveway approach.
D. The site plan and location of the buildings, parking areas, signs, landscaping, luminaries, and other site features indicate that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effects of the development from the view of the public streets. The site design and overall integration of the landscaping, building orientation, and driveway access is well-envisioned by the applicant. The landscaping around the front building façades creates an attractive transitional buffer between the residences and the public right of way and streets, on both Suva Street and Foster Bridge Boulevard. Exterior light lamps are carefully placed on the garage entrance and the front porch to ensure both vehicles and pedestrians are able to move around the site in a safe manner.
E. The proposed development will improve the community appearance by preventing extremes of dissimilarity or monotony in new construction or in alterations of facilities. The proposed project reflects true Spanish style architecture, and reflects a high quality of architectural design. In addition, the proposed architectural style is neither dissimilar nor monotonous from other buildings in the area, and this project will upgrade the overall appearance of the site and, in turn, improve the community appearance. The proposed architectural design is described within the City R-1 Design Guidelines as a historically established Downey Characteristic style. Lastly, this proposed development will be keeping with the quality of design of recently approved projects within the city, but will not mimic those improvements.
F. The site plan and design considerations shall tend to upgrade property in the immediate neighborhood and surrounding areas with an accompanying betterment of conditions affecting the public health, safety, comfort, and welfare. The proposed architecture is a significant upgrade to the existing facilities on site in the sense that it will be a newer development with major emphasis placed on building treatment and landscaping. In addition, goals and policies within the General Plan’s Housing Element are found to be consistent with the proposed project, and the creation of additional housing is categorized as a positive effect to public welfare. Lastly, conditions of approval such as privacy screening and construction hours are incorporated to avoid affects to the immediate neighborhood and surrounding areas.
Resolution No. 24-8241
G. The proposed development’s site plan and its design components will include graffiti- resistant features and materials in accordance with the requirements of Section 4960 of Chapter 10 of Article IV of the Downey Municipal Code. The project has been conditioned to meet the requirements specified in Section 4960 of the Downey Municipal Code.
Section 4960 discusses the installation of anti-graffiti materials or concealment of graffiti, and the appropriate allotted time limit for the removal of graffiti.
SECTION 2. The City Council further finds, determines and declares that the applicant’s Density Bonus Application complies with the provisions of the California Density Bonus Law, Government Code Sections 65915 through 65918.
SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this Resolution, the City Council hereby approves the Site Plan Review (PLN-23-00035) and Density Bonus for the Project, subject to conditions of approval attached hereto as Exhibit ‘A’, which are necessary to preserve the health, safety, and general welfare of the community and enable the Planning Commission to make the findings set forth in the previous sections. The conditions are fair and reasonable for the accomplishment of these purposes.
SECTION 4. The City Clerk shall certify the adoption of this Resolution.
APPROVED AND ADOPTED this ___ day of ________ 2024.
________________________
MARIO TRUJILLO, Mayor
ATTEST:
____________________________
MARIA ALICIA DUARTE, CMC
City Clerk
APPROVED AS TO FORM:
_____________________________
JOHN M. FUNK
City Attorney
I HEREBY CERTIFY that the foregoing Ordinance No. 24-___ was introduced at a Regular Meeting of the City Council of the City of Downey held on the 14th day of May, 2024, and adopted at a Regular Meeting of the City Council of the City of Downey held on the ___ day of ___, 2024, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Resolution No. 24-8241
___________________________________
MARIA ALICIA DUARTE, CMC
City Clerk
Resolution No. 24-8241
PLN-23-00035
(SITE PLAN REVIEW AND DENSITY BONUS)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this Site Plan Review and Density Bonus (PLN-23-00035) allows for the construction of a of 33-unit townhome development to be located at 7360 Foster Bridge Boulevard.
2) This resolution, Resolution No. 24-8241, shall run concurrently with Resolution Nos. 24- 8240 and 24-8242 and Ordinance to change zoning for property located at 7360 Foster Bridge Road and is equally subject to the Conditions of Approval set forth in said resolutions.
3) Failure to carry out the project details and Conditions of Approval detailed in Resolution Nos. 24-8240 and 24-8242 and Ordinance to change zoning for property located at 7360 Foster Bridge Road shall render this resolution null and void.
4) The site shall remain in substantial conformance with this request and the approved set of plans.
5) This permit shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Downey Municipal Code shall apply.
6) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant's expense, City and City's agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the approval of this resolution, to challenge the determination made by City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney's fees that the City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition.
7) The Community Development Director is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions.
Any major modifications may be subject to Planning Commission review and approval.
8) Prior to the final of any building permits or occupancy of any of the units, the Final Tract Map shall be approved by the City and recorded with the County of Los Angeles.
9) Construction hours shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Saturday.
There shall be no construction activities on the site outside of these hours.
Resolution No. 24-8241
10) All exterior lights on the property shall be LED and shall be directed, positioned, and/or shielded such that they do not illuminate surrounding properties and the public right-of- way.
11) Exterior lights shall be un-switched and photo-sensor controlled. Lights shall be on from dusk until dawn. Porch, patio, and deck lights for the individual units shall be excluded from this condition.
12) There shall be no roof-mounted equipment including, but not limited to, HVAC equipment.
All exterior HVAC equipment shall be ground mounted or located within a balcony and screened from view. There shall be no window or wall mounted HVAC equipment. This condition shall not be interpreted to restrict photovoltaic panels mounted to the roof.
13) The applicant shall comply with the art in public places requirements set forth in Downey Municipal Code 8950 et seq. This shall include payment of all required fees prior to the issuance of building permits. Should the applicant exercise their right to install public art on site, the public art application (including payment of all deposits) shall be submitted prior to the issuance of building permits.
14) The applicant shall provide a comprehensive landscape plan incorporating drought tolerant landscaping in all landscape areas of the site at Building Permit Plan check submittal. All landscape and irrigation shall be installed in advance of the issuance of the first Certificate of Occupancy issuance, and shall be permanently maintained, in perpetuity. Deviations from this Condition are subject to review and approval by the Community Development Director.
15) The applicant shall provide a screening plan with a plan check submittal for review and approval. Plans shall reflect the screening of all utility equipment including, but not limited to panels, meters, piping, fire lines, and transformers by either landscaping or a decorative laser cut metal panels. Utility closets shall be an acceptable form of screening for electrical panels and meters. The final selection of plants or design of decorative panels and utility closets shall be approved by the Community Development Director as part of the plan check permit process.
16) Utility closest(s) shall be designed to be complementary with the architectural style of the building, and shall be incorporated into the project plans submitted for Building Permit plan check review.
17) All above grade back-flow preventers and check valves shall be painted a distinguishing color as required by the Fire, Public Works, and/or Community Development Department and screened from view from the public right-of-way by either landscaping or a decorative laser cut metal panels. The final selection of plants or design decorative panels shall be approved by the Community Development Director prior to installation.
18) Both project driveway entries shall designed with enhanced paving (pavers or stamped color concrete). The Community Development Director shall review and approve final enhanced paving prior to the applicant submitting plans for Permits and Plan Check.
Resolution No. 24-8241
19) Design and placement of mailboxes shall be reviewed and approved by the Community Development Director prior to submitting plans for Permit and Plan Check, and shall be the U.S. Post Office requirements. The design of a centralized mail location shall be architecturally compatible with the building’s architectural Spanish style.
20) All attic venting shall be architecturally consistent with the buildings. Dormer vents and/or turbine vents shall not be permitted.
21) Prior to the recording of the Final Tract Map, the applicant shall pay all Park in-lieu fees, as required by Municipal Code Section 9931.8.
22) Wall and fence heights shall comply with the approved plan set and future changes and modifications shall comply with DMC Section 9520, or an updated DMC code section at the time of installation. Wall and fence design shall be consistent with the approved architecture of the main dwelling structures.
23) All buildings and walls shall either be finished with graffiti resistant materials or the applicant and/or homeowner’s association shall paint over any graffiti applied to any surface of the property. If electing to use graffiti resistant materials, prior to the issuance of building permits, the applicant shall demonstrate to the satisfaction of the Community Development Director, that the finished materials will comply with this requirement.
24) Any graffiti applied to the site shall be removed or painted over within 48 hours. Graffiti that is painted over shall not result in visible painting patches. The walls and building shall be left uniform color and finish after any graffiti is painted over.
25) All construction related machinery, materials, and equipment shall be stationed on-site and outside of the public right-of-way. All activity requiring work on the public right-of-way shall be required to obtain an encroachment permit from the Public Works Department. A construction layout plan outlining all construction operations (on- or off-site) shall be submitted to the Community Development Director and Building Official for review prior to the start of any grading, including but not limited to accommodations for employee parking and equipment and material staging. A construction phasing plan, shall be incorporated or be provided separately to ensure that all conditions of approval can be met and with minimal disruption to the adjacent residential uses and not relying on street parking. A proposal to construct in phases shall be pre-approved by the Community Development Director in coordination with the City’s Building Official and Public Works Director. A Truck Hauling Route Plan shall be submitted for review and approval by the Community Development and Public Works Directors for all project related construction activities, prior to permit issuance. The Route Plan shall restrict trucks exceeding 20 tons gross vehicle weight from traveling on Suva Street over the Rio Hondo Channel bridge, while hauling construction material to and from the project site.
26) The Applicant must incorporate a copy of this Exhibit A, Conditions of Approval, into the approved set of building plans.
27) The applicant shall comply with all mitigation measures outlined in the Mitigation Monitoring and Reporting Program (MMRP), as established by the Initial Study/Mitigated Negative Declaration and Resolution No. 24-4027, at all times. A copy of the MMRP shall be incorporated into the approved set of building plans.
Resolution No. 24-8241
28) Any bollards installed on-site for permanent use must be decorative in nature and shall be approved by the Community Development Director prior to installation.
29) Prior to the submittal of plans into Building and Safety Plan Check, the applicant and the property owner shall sign an affidavit of Acceptance of Conditions, as provided by the City of Downey.
30) Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to the DMC.
Density Bonus
31) This permit shall grant the right to construct an additional three (3) units as allowed per State Density Bonus Law for a total of thirty-three (33) units for the development. Units shall be maintained at a moderate income affordability level.
a) A Density Bonus Housing Agreement to memorialize the provision of moderate- income level housing, and the granting of the requested concession and waivers shall be executed and recorded between the City of Downey and the Developer prior to the issuance of building permits. Said Agreement shall be recorded against the “moderate-income” inclusionary housing units, in perpetuity, as identified in the project plans.
32) The permit shall grant one (1) concession as defined by the State Density Bonus law. The concession is also follows:
a) Deviation from DMC Section 1503(c) pertaining to Inclusionary Housing and need to round up when calculating the Inclusionary Housing unit requirement. The code section details how to calculate the amount of required inclusionary housing units and the need to round up to the next whole number when a calculation results in a fraction. The applicant has requested a Concession to eliminate having to “round up”, and ultimately have the inclusionary amount requirement end in a fraction.
This fraction amount results in a need to provide 3.1 inclusionary units, instead of the required 4 units. With the Concession, the applicant has elected to construct three inclusionary housing units and pay an in-lieu fee for the fractional amount of 10% of a unit, which would be a total of $26,341.
33) The permit shall grant seven (7) waivers as defined by the State Density Bonus Law. The Downey Municipal Code Sections, Code Requirements, and granted waivers are as follows:
Table 1
Summary of Requested Density Bonus Waivers
DMC Requirement Deviation
Section 9144. Definition for
“Lot Area”
Density calculated using
the net lot size, which
does not include certain
easements.
Applicant has request that density
be calculated using gross lot size
resulting in an increased allowable
density.
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Table 1
Summary of Requested Density Bonus Waivers
DMC Requirement Deviation
DMC Section 9312.08(a)
Residential Zones Property
Development Standards
Setback Front Setback =15’ Ranges from 12.75’ to 14.25’ Setback Rear Setback = 46’ Reduced Rear Setback = 37.5’ Setback Side Setback = 10’ Reduced Sideyard Setback = 5’ Height Maximum Height = 35’
Increased Height = 37.5’
*Increased height varies for each
building, between 1’ to 2’-6”
DMC Section 9710.02
Parking - R-3-O Zone
Design Standards
Two-car garage with side
by side parking
Applicant has requested that 15 of
the 33 dwelling units (45%) be
designed with tandem garage
parking.
DMC Section
9312.08(b)(10) Usable
Open Space
Private open space
requires a 10’ x 10’
minimum dimension
Applicant has requested to provide
private open space in the form of
patios for Buildings 1, 2, and 4, and
in the form of balconies for units in
Building 3. The private open space
provided varies in dimensions
Inclusionary Housing
34) The applicant shall be required to provide a minimum of three (3) moderate-income level units, and provide an in-lieu payment for the remaining inclusionary housing requirement of .10 units as allowed per a combination of the City’s Inclusionary Housing Ordinance (IHO) and the applicant’s requested Density Bonus Concession detailed in Condition # 34 and No. 37 of this Resolution.
35) The applicant shall be required to pay an IHO in-lieu fee in the amount equal to .10 of a unit. The total fee required shall be $26,341.
36) Prior to issuance of a grading permit and/or building permit a standard City Affordability Control Covenant must be approved and executed by the Community Development Director, and recorded with the Los Angeles County Recorder’s Office by the applicant against the title of each inclusionary unit.
a) If the Final Map has not been recorded at the time of issuance of a grading permit and/or building permit, an overall Interim Affordability Control Covenant shall be recorded against the residential development, and shall be replaced by separate recorded Affordability Control Covenants for each unit prior to issuance of a certificate of occupancy for such units.
37) All inclusionary housing units must be constructed and occupied concurrently with or prior
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to the construction and occupancy of market-rate units. In phased developments, inclusionary units may be constructed and occupied in proportion to the number of units in each phase of the residential development.
38) Inclusionary units produced under this chapter must be legally restricted to occupancy by households of moderate-income levels for a minimum of fifty-five (55) years.
Covenant, Conditions, and Restrictions
39) Prior to the approval of the final map, all organizational documents for the project, including any covenants, conditions, and restrictions (CC&Rs), shall be submitted to and approved by the Community Development Department and City Attorney's Office. Costs for such review shall be borne by the subdivider.
40) CC&Rs submitted to the City for review shall contain a table itemizing each of the requirements identified herein and the page/paragraph where they are addressed in the CC&Rs.
41) The approved CC&Rs shall be recorded with County Recorder’s Office concurrent with the Final Map. A copy of the final documents shall be submitted to the Community Development Department after recordation.
42) The applicant shall provide a plan for initiating the HOA administration in advance of the issuance of a Certificate of Occupancy to ensure the HOA is viable upon occupancy of the project’s unit(s). No dwelling unit in the development shall be sold or a Certificate of Occupancy issued, unless a homeowner’s association has been legally formed with the right to assess all units which are jointly owned or benefitted to operate and maintain all other mutually available features of the development including, but not limited to, public and private open space, amenities, landscaping, private street, and utilities.
43) The CC&Rs shall include, but are not be limited to, the following provisions:
a) The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs.
b) The requirement that association bylaws be established.
c) Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including open space, landscaped areas, roof decks, walls and fences, private roadways (i.e., walkways, sidewalks, paseos, driveways), lighting, and furnishings, awnings, trash enclosures, water quality management plan BMPs and private utilities, if any, shall be established in the CC&Rs.
d) Private open space areas within the common area shall be illustrated on a “Private Open Space Exhibit” and shall be made part of the CC&Rs and shall specify those portions of the open space area that are allocated for private use. The CC&Rs shall include provisions for authorized uses and structures, access, maintenance, and restrictions in the private use areas to minimize noise and light disruptions to adjacent properties.
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e) Membership in the homeowner’s association shall be inseparable from ownership in individual units.
f) Architectural controls shall be provided and may include, but not be limited to, provisions regulating architectural features, exterior finishes, roof materials, fences and walls, balconies, roof decks, accessory structures such as patios, sunshades, trellises, gazebos, awnings, exterior mechanical equipment, television and radio antenna, consistent with the DMC.
g) Maintenance standards shall be provided for applicable items listed in Section C above in CC&Rs. Examples of maintenance standards are shown below.
i) All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, and free of debris and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties.
All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures.
ii) All private drives, sidewalks, and open space areas shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travel ways shall be removed or repaired promptly.
iii) Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare.
h) Homeowner’s association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&Rs.
i) All trash receptacles to be stored in the garages of the units (except during pick up day).
j) Require all garages be maintained in a manner to accommodate two vehicles at all times,
k) The approved Site Plan shall be made part of the CC&Rs and shall be enforced by the homeowner’s association with regard to, but not limited to, circulation, egress/ingress, fire access, and parking. In addition to the exhibit, provisions regarding parking shall be included in the CC&Rs, including the following:
i) A total of seventy-one (71) parking spaces shall be available onsite. At a minimum, a total of sixty-six (66) parking spaces shall be available onsite
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permanently maintained at a rate of two garage spaces per dwelling unit.
An additional minimum of five (5) unassigned guest spaces shall be permanently provided on site. Any changes to the parking shall be subject to the review and approval by the Community Development Department in accordance with the DMC.
ii) Residents shall not store or park any non-motorized vehicles, trailers or motorized vehicles that exceed seven (7) feet high, seven (7) feet wide, and nineteen (19) feet long in any parking space, driveway, or private street area except for the purpose of loading, unloading, making deliveries or emergency repairs except that the homeowner’s association may adopt rules and regulations to authorize exceptions.
iii) Residents shall park vehicles in garage spaces. Storage of personal items may occur in the garages only to the extent that vehicles may still be parked within the required garage spaces.
iv) Shall prohibit parking in any of the drive-aisles.
v) The homeowner’s association shall be responsible for monitoring and enforcing all parking regulations on private property. The proposed CC&Rs shall include provisions requiring the association to develop and adopt an enforcement program for parking regulations within the development which may include measures for fire access and enforcement by a private security company.
l) Provisions for enforcing individual trash cart placement at designated curb areas as shown on the approved “Trash Pick-up Plan” no earlier than noon on the day before scheduled collections and removed within twelve (12) hours of collection.
m) Maintenance of all common areas, driveways, etc., shall be by the homeowner’s association.
n) Television and radio antennas shall be installed in accordance with the requirements of the DMC.
o) The homeowner’s association shall be required to file the names, addresses, and telephone numbers of at least one (1) member of the homeowner’s association Board and, where applicable, a manager of the project before January 1st of each year with the Community Development Department for the purpose o f contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations.
p) The homeowner’s association shall be responsible for establishing and following procedures for providing access to public utilities for maintenance of their facilities within the project area, subject to those agencies' approval.
q) No amendment to alter, modify, terminate, or change the homeowner’s association's obligation to maintain the common areas and the project perimeter wall or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate, or change the City's right to enforce maintenance of
Resolution No. 24-8241
the common areas and maintenance of the project perimeter wall, shall be permitted without the prior written approval of the Community Development Department.
Homebuyer Notification
44) Prior to issuance of Temporary Certificate of Occupancy, Certificate of Occupancy, or sale of any unit, whichever comes first, the subdivider shall submit to the Community Development Department for review and approval a homebuyer notification document that includes, but is not limited to, the notifications listed below. The notification document shall be signed by each homebuyer prior to final inspection and occupancy, and a copy of each signed notification shall be provided to the Community Development Department prior to final inspection and/or issuance of each Certificate of Occupancy.
a) A notice regarding units that are adjacent to aboveground utilities or structures (such as light standards and fire hydrants) identifying the type of structure and their locations.
b) A notice indicating that any use of a residence for a business shall be subject to the City's Home Occupation Ordinance and will require zoning clearance and a business license.
c) A notice explaining the easements, facilities, amenities, and dedications that will be provided and indicating all on-site driveways and common areas are to be maintained by the homeowner’s association.
d) A notice stating trash bins shall be placed in designated curb areas as shown on the approved “Trash Pick-up Plan” no earlier than twelve (12) hours prior to the scheduled collections and removed within twelve (12) hours of collection.
e) A notice explaining and providing a copy of the approved “Parking Plan” and related CC&Rs provisions.
TRACT MAP
45) The Tract Map shall be recorded with Los Angeles County Recorder’s office within one (1) year of this date, April 17, 2024. Time extensions, not to exceed one (1) year, may be granted and approved by the Community Development Director if a written request is received by the within thirty (30) days prior to expiration.
46) The Final Map shall be submitted for review, processing, and recording at least ninety (90) days prior to the expiration of the Tentative Map.
47) The final map shall be recorded in accordance with the approved Tentative Tract Map, date stamped April 17, 2024, and to the satisfaction of the Public Works Director.
48) Prior to recordation of the Final Map, current ownership evidence such as updated preliminary title reports and deeds shall be submitted for review.
Resolution No. 24-8241
49) Prior to the recording of the Final Tract Map, the applicant shall pay all Park in-lieu fees, as required by Municipal Code Section 9931.8.
50) All conditions of approval herein, as applicable, shall be satisfied prior to recordation of a final map or as otherwise specified herein.
51) In the event the project Site Plan Review project becomes expired, at the expense of the applicant the Community Development Director shall have cause and authority to revert the lot back to its original subdivision state at the property owners expense.
BUILDING
52) All construction shall comply with the current California Building Code, as adopted by the City of Downey.
53) Prior to the commencement of construction, the applicant shall obtain all required permits.
Additionally, the applicant shall obtain all necessary inspections and permit final prior to occupancy of the units.
FIRE
54) The following conditions related to Fire Department review shall not be construed to constitute complete review and/or approval by Downey Fire Department.
55) Adequate information related to structure dimensions, proposed street length, a detailed turn radius at vehicle access points, and fire/life safety features shall be submitted for Fire Department review as part of the Building plan check submittal.
56) A comprehensive fire access plan shall be submitted showing locations of fire hydrants, radius of culdesacs, and road widths for all areas within the proposed site shall be submitted to the Fire Department for review and approval by the Chief of Fire. [CA Fire Code, Appendix D]
57) Deferred automatic fire sprinkler plan submittal required for new Residential Group R occupancy. Automatic fire sprinkler system design, installation, and testing shall be per NFPA 13D or 13R based on the building construction type, height, fire separation, etc. [CFC § 903.2.8; DMC 3318] . Any changes to the proposed fire sprinkler design shall be reviewed and approved by the City of Downey Fire Chief and Public Works Director.
58) Premises shall be appropriately addressed. An approved address identification shall be provided that is legible and placed in a position that is visible from the street/road. Sizing shall be approved and at a minimum meet requirement of CA Fire Code [CA Fire Code §505.1]
59) Smoke alarms shall be installed in Residential Group R occupancies on the ceiling or wall or each separate sleeping areas, rooms used for sleeping, in each story within the dwelling [CA Fire Code §907.2.11.2]
60) Carbon monoxide detection shall be installed in R-occupancies dwelling units in the following locations: (1) Outside each separate sleeping area in the immediate vicinity of
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bedroom, (2) On every occupiable level of the dwelling unit, (3) where fuel-burning equipment is located [915.2.1]
61) Project construction shall comply with requirements set forth in the CA Building and Residential Codes for egress, construction type and height, etc.
PUBLIC WORKS
62) The applicant shall be responsible for the cost of equipment and installation of a Traffic Signal Preemption Device at the Suva Street/Bluff Road/ Foster Bridge Boulevard Intersection Signal in the amount of $6,000. The City of Downey, or a contractor selected by the City of Downey, shall be responsible for the installation of the device.
63) The owner/applicant hereby consents to the annexation of the property into the Downey City Lighting Maintenance District in accordance with Division 15 of the Streets and Highways Code, and to incorporation or annexation into a new or existing Benefit Assessment or Municipal Improvement District in accordance with Division 10 and Division 12 of the Streets and Highways Code and/or Division 2 of the Government Code of the State of California.
a) The owner/applicant shall install Light-Emitting Diode (LED) streetlights on Foster Bridge Boulevard and Suva Street. The applicant shall provide a site plan showing the location of the proposed streetlights.
b) The owner/applicant shall hire an appropriate licensed contractor to perform said off-site street light improvements.
c) The applicant shall provide an off-site streetlight improvement plan showing the location of the proposed streetlights and electrical conduits, service cabinet and SCE feed point
64) The owner/applicant shall install all new proposed utilities underground.
65) The owner/applicant shall be required to complete a construction & demolition (C&D) waste management plan per Article V, Chapter 8 of the Downey Municipal Code.
66) Broken, uneven, or sub-standard sidewalk, driveway, pavement, curb and gutter along the property frontage on Suva Street and Foster Bridge Boulevard shall be replaced to the satisfaction of the Department of Public Works. Contact the Public Works Inspection Office at (562) 904-7110 to have these areas identified just prior to applying for a Public Works Excavation Permit. The owner/applicant shall obtain all necessary plan approvals and permits and shall provide that the standards of improvements, construction materials, and methods of construction shall be in conformance with the Standard Plans and Specification for Public Works Construction and as modified by the City of Downey’s Standard Plans and Specifications.
67) The owner/applicant shall submit public improvement plan(s) for review and approval by Public Works Department.
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68) Proposed public improvements shall comply with the latest edition of Standard Plans and Specifications for Public Works Construction, the City of Downey standards, and the Americans with Disabilities Act (ADA).
69) The owner/applicant shall obtain permits from the Public Works Department for all improvements within the public right of way at least two weeks prior to commencing work.
Contact Brian Aleman, Associate Civil Engineer, at (562) 904-7110 for information.
70) The owner/applicant shall remove all Underground Service Alert (USA) temporary pavement markings immediately following the completion of the work / Final permit inspection.
71) The applicant shall be responsible for the installation of street markings indicating “Keep Clear” in front of the Foster Bridge Boulevard driveway entrance on the Southbound traffic lane. It shall be the responsibility of the applicant, and/or the owner, and/or the Home Owner’s Association to maintain such markings subject to obtaining an Encroachment Permit from the Public Works Department. The City may evaluate and request re-paintings or modifications based on the City’s traffic impact assessments at the sole cost of the applicant, and/or the owner, and/or the Home Owner’s Association.
72) The owner /applicant shall construct all driveway approaches as wide as the driveway or parking aisle they serve. All driveways serving as Fire Access shall have a minimum curb return radius of 28’ at its approach. Radius returns shall be submitted on public improvements plan(s) for review and approval by the Public Works Department.
73) The driveway approach along Suva Street shall be designated for right turns only when exiting onto Suva Street. At the owner's expense, signs shall be installed on-site and in the right-of-way indicating the turn restrictions to the motorist, prior to the issuance of the first certificate of occupancy. The locations of the signs shall be incorporated into the off- site improvements plan and approved by the Public Works Director, and designee, before issuance of a building permit.
74) The applicant, and/or the owner, and/or the Home Owner’s Association, shall be responsible for the installation of any traffic remediation devices on or off-site to prevent illegal left turns from the Suva Street exit. This shall apply in the present or the future if it is later deemed necessary by the Public Work Department. Any remediation services shall be installed and maintained at the sole cost of the applicant, and/or the owner, and/or the Home Owner’s Association.
75) The owner/applicant shall pave, with a 1.5-inch grind and overlay, the westbound lane on Suva Street and Foster Bridge Boulevard from the centerline of the street to the gutter along the property frontage. Pavement shall be to the standards of the Department of Public Works and with the appropriate permits and fees paid.
76) The facility design must provide for refuse/recycle enclosure with roof cover (location, size), should an enclosure is constructed in the present or the future, and would be subject to plan check review and permits.
77) If individual trash receptacles are proposed for each unit, trash receptacles shall be stored inside a specially designated space inside the garage.
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78) The owner/applicant shall provide that all construction graffiti created as part of this project in the public right of way to be removed.
79) The owner/applicant shall submit an engineered grading plan and/or hydraulic calculations and site drainage plan for the site (prepared and sealed by a Registered Civil Engineer in the State of California) for approval by the Engineering Division and Building and Safety Division. All lot(s) shall not has less than one (1%) percent gradient on any asphalt or non-paved surface, or less than one quarter (1/4%) percent gradient on any concrete surface. Provide the following information on plans: topographic site information, including elevations, dimensions/location of existing/proposed public improvements adjacent to project (i.e. street, sidewalk, parkway and driveway widths, catch basins, pedestrian ramps); the width and location of all existing and proposed easements, the dimensions and location of proposed dedications; (for alley dedications, show elevations of the four corners of the dedication and centerline of alley, existing and proposed underground utility connections); the location, depth and dimensions of potable water, reclaimed water and sanitary sewer lines; chemical and hazardous material storage, if any, including containment provisions; and the type of existing use, including the gross square footage of the building, and it disposition.
80) The owner/applicant shall install pavement, which consists of a minimum section of 4” thick aggregate base, and a minimum 2-1/2” thick asphalt concrete pavement.
81) Any utilities and/or above-ground utility structures that are in conflict with the development shall be relocated at the owner/applicant's expense. The owner/applicant shall coordinate the relocation with the utility owner and a proper Public Works permit will need to be pulled.
82) The owner/applicant shall submit will-serve letters from electrical, gas, sewer, water, solid waste, telecom, and all other utility purveyors that will service the development including, but not limited to:
a) Southern California Edison
b) Southern California Gas Company (SoCal Gas)
c) Los Angeles County Sanitation Districts
d) City of Downey Public Works Department
e) Athens Services
f) A regional telecom provider
83) The owner/applicant shall furnish and install a new (min. 1-inch) dedicated potable water service line, meter, and meter box for each unit.
84) The owner/applicant shall furnish and install a (min. 1-inch) dedicated water service line, meter, and meter box for the landscaping irrigation system.
85) The owner/applicant shall furnish and install the public potable water improvements, including extension and/or replacement of existing mains and associated facilities, necessary to provide adequate fire flow and pressure to the site.
86) The owner/applicant shall design and install an adequately sized, privately-owned and operated onsite sewer main and sewer lateral system for each unit in the subdivision and shall provide that the design and improvements of sewers shall be to the standards of the
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City Building and Safety Division and Public Works Department. All privately owned and operated sewer laterals constructed within the City right-of-way for the purposes of connecting to the City sanitary sewer system shall be designed and constructed to the standards of the Public Works Department. The owner/applicant and/or HOA is responsible for the maintenance and repair of said on-site private sewer system. Septic systems are not acceptable.
87) The owner/applicant is responsible for coordinating with and making the proper payment to the City and County Sanitation District of Los Angeles County for all sanitary sewer connection and capacity charges.
88) The owner/applicant shall provide separate sewer improvement plan sets for review and approval from the City of Downey Engineering Division prior to the start of construction.
89) The owner/applicant shall furnish and install dedicated fire protection lateral(s) including backflow devices, fire department connections, and other appurtenances as required by the Department of Public Works and the Downey Fire Department. Such improvements may include the removal and/or replacement of existing fire hydrants, laterals, backflow devices, and associated facilities with new facilities to current Downey standards and materials. Backflow devices, fire department connections, and associated appurtenances are to be located on private property and shall be readily accessible for emergency and inspection purposes. Backflow devices shall be screened from street view by providing sufficient landscaping to hide them.
90) The owner/ applicant shall confirm the availability of adequate fire flow and pressure in accordance with the Department of Public Works and Downey Fire Department requirements.
91) The owner/applicant shall retrofit existing fire hydrant(s) in accordance to the latest Fire Department and Department of Public Works standards including but not limited to furnishing and installation of a new riser, fire hydrant head, and associated fittings.
92) The owner/ applicant shall furnish and install backflow device(s) in accordance with the Department of Public Works and the State and County Department of Health Services requirements.
93) The owner/applicant shall provide and record utility easement(s) for access to, and inspection and maintenance of, public water lines, meters and appurtenances, and backflow devices.
94) Owner or tenant must establish accounts with the City Cashier prior to the City activating and the tenant using any fire and potable water service and meter.
95) The owner/applicant shall provide separate water improvement plan sets for review and approval from the City of Downey Utilities Division consisting of the following:
a) Potable Water Improvement Plans (all City-owned potable water and fire service lateral improvements)
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Final City approved potable water main improvement plans shall be submitted on mylars and shall be signed and stamped by a State of California licensed civil engineer.
Improvement plans for potable main improvement shall be both plan and profile.
96) Upon completion of water improvements, the owner/applicant shall submit red-lined construction plans to City noting all changes to the plan and profile of all water improvements installed. Such changes shall be incorporated into a final record drawing mylar which shall be signed and stamped by the original engineer and/or architect of record and submitted to the City along with digital files (AutoCAD – latest edition).
97) The Applicant shall comply with the National Pollutant Discharge Elimination System NPDES); Ordinance 1142 of the Downey Municipal Code (DMC); and the Low Impact Development (LID) Plan. Furthermore, the applicant shall be required to Certify and append Public Works standard “Attachment A” to all construction and grading plans as required by the LACoDPW Storm Water Quality Management Plan (SQMP).
98) Owner/applicant shall comply with the Low Impact Development requirements. The owner/applicant shall provide a separate Low Impact Development plan and report for review and approval from the City of Downey Engineering Division
99) If any hazardous material is encountered on the site that has the potential to reach the groundwater supply, the owner/applicant shall secure a permit for the State Regional Water Quality Control Board.
100) If any hazardous material is encountered on the site, the owner/applicant shall secure an ID number from the EPA.
101) Submit an addressing plan for review and approval by the Community Development Department, Police and Fire Departments prior to submitting plans into plan check or obtaining permits.
102) Provide proof establishing that the Tract Map was created in accordance with subdivision requirements (deed prior to City incorporation with current metes and bounds description, City subdivision action, or other proof).
103) The owner/applicant shall provide that no easements of any type be granted over any portion of the subdivision to any agency, utility, or organization (private or public), except to the City of Downey prior to the recordation of the tract or parcel map. The owner/applicant shall grant easements in the name of the City, including:
a) Vehicular easements
b) Walkway easements
c) Drainage easements
d) Utility easements
104) The filed map shall comply with the latest edition of the state subdivision Map Act, the City of Downey Municipal Code, and all the applicable state and local laws. Prior to recordation, the Applicant shall:
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a) Prepare a map under the direction of a Registered Civil Engineer authorized to practice land surveying or a Licensed Land Surveyor. The map must be processed through the Dept. of Public Works prior to being filed with the County Recorder.
b) A preliminary Title Report (or a chain of title) prepared by the title company for the subdivision is required to show all fee interest holders and encumbrances. An updated title report shall be provided (not older than 90 days) before the final tract/parcel map is released for filing with the County Recorder.
c) Monumentation of the tract/parcel map boundaries, street centerline, and lot boundaries is required for a map based on a record of survey. In the absence of such record, a licensed land surveyor shall set up all the missing monumentation.
d) Upon City Council approval, the final tract/parcel map shall be filed by the Engineer of Record with the Los Angeles County Public Works Department for its recordation. One (1) Mylar copy of the filed map shall be submitted to the City Dept. of Public Works prior to the Certificate of Occupancy.
e) Certificate of Occupancy is contingent upon the completion of the public improvements required in these conditions. If the improvements are not completed prior to the approval of the map, the owner/applicant must enter into a subdivision agreement and post a necessary Faithful and Performance Bond in the amount estimated by the Public Works Dept. guaranteeing the completion of the improvements.
f) The City reserves the right to impose any new plan check and/or permit fees approved by the City Council subsequent to the Planning Commission’s tentative approval of this map.
g) Any required property in the form of easement, fee simple or irrevocable offer, and any right-of-way vacation in the form accepted by the city engineer shall be shown on the map.
105) The owner/applicant shall submit a recorded mylar copy of the final map, a digital AutoCAD format file (AutoCAD 2012 or later) and scanned, uncompressed TIFF images of final map on a portable media for city’s GIS system data updates and maintenance.
106) The owner/applicant shall obtain all necessary plan approvals and permits.
Downey (Foster Bridge & Bluff) 33 Townhomes – Inclusionary Housing Plan Last Revised: 2/23/24
Introduction
This Inclusionary Housing Plan for the Foster Bridge & Bluff 33 townhome development (the Project) proposed by Olson Urban Housing, LLC (Olson) is required pursuant to Downey Municipal Code Sections 1507 and 9512.22. The Community Development Director must approve the Inclusionary Housing Plan prior to deeming the Project complete for hearing. This plan provides the inclusionary housing details required for Downey’s Community Development Director’s review and approval.
Affordable Housing Covenant
Prior to issuance of a grading permit or building permit, whichever is requested first, a standard City affordability control covenant must be approved and executed by the Community Development Director, executed by the applicant, and recorded against the title of each inclusionary unit. For residential subdivisions, if subdivision into individual property parcels has not been finalized at the time of issuance of a grading permit or building permit, an overall interim affordability control covenant shall be recorded against the residential development, and shall be replaced by separate recorded affordability control covenants for each unit prior to issuance of a certificate of occupancy for such units.
Project Summary
As part of the Downey (Foster Bridge & Bluff) community, and subject to final City approval, Olson will construct 33 attached three-story townhomes. Three of these homes will be set aside for moderate income families at or below 120% of Area Median Income for LA County, as published annually by State HCD, less the applicable utility allowance provided by LA County, updated annually.
Required Plan Elements:
Number of Affordable Units – 3
Location of Affordable Units – See attached depiction below, showing units 29, 31, and 32 in building 4 as the income restricted units
Structure Configuration – Attached
Affordable Home Size – 3 bedroom / 3 bathroom (1,182 square feet) Market Rate Home Sizes – Range from 3 bed / 3 bath to 3 bedroom + den / 3.5 bath (1,489 – 1,781 sf) Income Limit on Affordable Homes – Buyers must make less than 120% of LA County Area Median Income (AMI), i.e., moderate income households
Method to advertise availability of Inclusionary Units - In accordance with the City of Downey’s Affordable Housing Policies and Procedures, Olson will work with Downey Housing and Community Development staff to establish a sales procedure that will initially market the affordable homes to Downey residents and those who work in Downey, subject to all applicable Fair Housing Laws. For example, the townhomes could be advertised in a local newspaper or posted on another agreed upon media source, Attachment H (Exhibit B)
for a period of 15 calendar days following the Phase 2 affordable sales release, which would give Downey residents (or those who work in Downey) a head start in submitting their application for purchase .
Following that 15 day priority period, the affordable housing buyer pool would be opened to the general public. The final marketing procedure will be agreed to as part of the affordable housing covenant to be signed by Olson and the City of Downey, and recorded prior to issuance of building permits or grading permit.
Phasing Plan - The location of the three affordable homes are in Phase II (located within building 4) per the DRE/Construction phasing map below, in units 29, 31, and 32.
The affordable homes will be built right after Building 1 (facing Foster Bridge) is complete. Building 1 needs to be constructed first, as it contains the model homes and sales office. Market rate homes in buildings 2 and 3 will be constructed in Phase III.
Modifications (Waivers) and Concessions Requested under State Density Bonus Law Pursuant to SDBL (Govt. Code Section 65915), because the Project will provide at least 10 percent of its base maximum units as inclusionary units, the Project may include the following benefits:
1. A five percent density bonus over the maximum allowed residential density; Attachment H (Exhibit B)
2. One mandatory concession/incentive;3. Waivers of development standards that would physically preclude the construction of the Project; and
4. Applicable mandatory maximum residential parking standards.
Please note that under SDBL, in order to encourage the development of housing, and affordable housing in particular, SDBL defines a "density bonus" as an increase over the City's "otherwise maximum allowable gross residential density" as of the date of the application. (Gov. Code Section 65915(f)). Downey Municipal Code Section 9128 defines gross density as “the total number of dwelling units divided by the total (gross) area of the site.” As such, the Project utilizes SDBL’s gross residential density definition, consistent with Gov. Code Section 65915(f). The proposed ten percent moderate income units also result in a five percent density bonus. The R-3-O zone in Downey calculates density using 1,815 per unit, and is calculated as follows:
Allowable Density
1.29 ac (Gross) x 43,560 = 56,029 (gross SF per TTM) / 1,815 = 30.86 (base density)
30.86 x 1.05 (density bonus) = 32.413
Round up to 33 units total.
Utilization of net density would physically preclude the Project, as proposed since it would result in a base density of 29.51 dwelling units. Government Code Section 65915(f) requires the use of gross density in State Density Bonus Law projects, such as this one. Further, Government Code Section 65915(r) requires the City to maximize the production of housing units. Please see attached recent Technical Advisory Letters from the California Department of Housing and Community Development to the cities of Watsonville and Agoura, respectively, mandating the use of gross density in State Density Bonus Law projects.
Affordable Requirement
30.86 (base density) x ten percent (inclusionary affordable requirement) = 3.086 units. 3 affordable units will be provided on site, and a 0.086 fractional unit is proposed to be paid as an in lieu fee as discussed, with Staff and the City Attorney’s office. As noted below, Olson will pay the fractional lieu fee and use the one concession allowed under SB1818, to facilitate the 3 moderate units + fractional in lieu fee to meet the density bonus threshold of 10% moderate income units.
Note: Olson proposes to comply with the State Density Bonus Law requirement of ten percent moderate income units on-site, consistent with the City of Downey’s Inclusionary Housing Requirement. As shown in Table 2.8 of the City's Housing Element, the City has a Regional Housing Needs Allocation ("RHNA") of 915 moderate-income units and 2,585 above-moderate income units. The Project, with its density bonus, would help the City achieve its housing goals.
Incentives/Concessions
Because the Project provides ten percent of its base maximum units for low income households, it may access one concession/incentive.1 A concession is defined to include, among other things, “reduction in site development standards or a modification of zoning code requirements or architectural design requirements,” including a reduction in setbacks and square footage requirements, and “[o]ther regulatory incentives or concessions proposed by the developer or the city, county, or city and county Attachment H (Exhibit B)
that result in identifiable and actual cost reductions to provide for affordable housing costs."2 As indicated above, the Project would pay a fractional in lieu fee for the 0.086 moderate income dwelling unit.
Providing an in lieu fee for the less than 0.10 dwelling unit would make the Project more financially feasible and thereby reduce the cost of providing affordable housing.
1 Govt. Code Section 65915(d)(2)(A).
2 Govt. Code Section 65915(k).
Modifications/Waivers
In addition to a limited number on concessions/incentives, SDBL specifies that a project may access a waiver from “any development standard that will have the effect of physically precluding the construction of a development . . . at the densities or with the concessions or incentives permitted by this section.”3 Waivers are separate from and additional to concessions/incentives, are unlimited, and approval is required if the standard would preclude development of the Project at its permitted density and with its incentives/concessions incorporated.
3 Govt. Code Section 65915(e)(1).
Front Setback along Suva Street – Waiver Request
The front yard required setback per Downey Municipal Code (Section 9312.08 Table 9.3.4) under the R3O zone is 15’. However, based on difficult site geometry and movement in the building elevation, the front setback is varied, with a minimum setback of 12.9’ as depicted on the site plan. Providing a 15 foot front yard setback would result in the reduction of nine dwelling units facing Suva Street. Olson requests relief through a waiver under SDBL to allow for this reduced setback, given that without the waiver of the front yard setback, a significant number of dwelling units would face elimination.
Rear Setback to Adjacent R-1 Use – Waiver Request
As noted under rear yard minimum setbacks in Downey Municipal Code (Section 9312.08 Table 9.3.4), if an R-3 community abuts an R-1 zoned property, the setback from a three-story building to the property line is 46’. The site plan has been carefully designed to maximize the rear yard setback, with landscape buffering at the property line. However, providing the full 46 foot rear yard setback would cause the loss of at least six dwelling units. The Project would provide a minimum rear yard setback of 37.5’. Olson requests relief under a waiver to allow for this reduced setback. Without the waiver the Project would not achieve the allowable density and the affordable housing Project would be infeasible.
Side Yard Setback Adjacent to R-1 Zoned Property – Waiver Request
Olson requests a waiver for a reduced side yard setback (DMC Section 9312.08). The interior side setback along the storage is typically five foot minimum in the R3O zone, but there is a footnote in Table 9.3.4 that requires the interior side yard setback to be ten feet when abutting an R1 zone. While a storage use is typically commercial, the storage facility is located within an underlying R1 zone. If the Project were to provide a ten foot side yard setback adjacent to the storage use, at least three dwelling units would be lost, along with private open space, important amenities for the Project.
Private and Common Open Space – Waiver Request
Attachment H (Exhibit B)
The community open space design provides a combination of common and private open space areas.
While sufficient space is provided (6,958 provided with 6,600 required – see sheet L.4), it does not meet the minimum dimension specified in Downey Municipal Code (Section 9312.08(b)(10)) which is 15’ for common and 10’ for private open space. Therefore, Olson requests a waiver under SDBL of the minimum open space dimensions. Private open spaces include a combination of front patios and second floor balconies on some of the interior units, which enhance the community and promote indoor-outdoor living. The common area features a network of landscaped paseos which provide an attractively landscaped interior, while providing pedestrian connections from front entries to the public streets. If the Project were to provide the required minimum dimensions for the open space, the Project would lose approximately 6 dwelling units.
Building Height – Waiver Request
Olson requests a waiver under the SDBL to allow an increase in height of structures to a maximum of 40’ above the lowest adjacent grade in lieu of the R-3-0 (R3 ownership) height limit of 35 feet. The five foot increase in height requested is due to grade transitions along Foster Bridge Road and Suva Street which create steps in the building to address grade, and to allow room for HVAC equipment inside the attic spaces. The proposed three-story townhomes are set back 37.5’ from the northerly property line which is shared with an adjacent single family home, thereby creating sufficient distance from this use. If the Project were to be reduced to 35 feet in height, the top level of the Project’s buildings would need to be eliminated, thereby physically precluding the Project as proposed.
Olson has thus far identified the need for four modifications/waivers and one concession:
Waivers
o Front Yard Setback on Suva Street – 15’ (reduce to 12.9’ min) o Rear Setback Reduction at North property line – 46’ (reduce to 37.5’ min) o Waiver of Common (15’) and Private Open Space (10’) minimum dimensions o Building height waiver, increasing the maximum height from 35’ to 40’. Concession - Payment of affordable in lieu fee for fractional unit
Olson may also require further waivers through the City's application review and approval process prior to the City determining the application is complete.
Gross Density
Pursuant to Government Code Sections 65915(f) and 65915(r), no waiver is necessary to deviate from the City’s net density calculation. This position is further endorsed by the California Department of Housing and Community Development’s Technical Assistance Letters to the cities of Watsonville and Agoura.
Nevertheless, while not required pursuant to State Law, Olson conservatively requests a waiver of the City’s net density provision in the Downey Municipal Code and requests the use of gross density. Without relief from the development standard, the Project would be precluded from developing several dwelling units.
Mandatory Parking Reduction
Attachment H (Exhibit B)
Pursuant to Govt. Code Section 65915(p), the Project is entitled to an applicable maximum parking requirement of one space per zero to one bedroom unit, 1.5 spaces per two to three bedroom units, and
2.5 parking spaces for the four bedroom units, inclusive of all guest parking. The Project is entirely three bedroom units, requiring 49.5 parking spaces (1.5 x 33), rounded to 50 parking spaces, per SDBL. The Project would provide 66 garage parking spaces and five guest parking spaces, exceeding SDBL’s parking requirements by 21 parking spaces. Any 4th bedroom options that are selected by buyers would increase the minimum parking requirement by one space per unit. Please note that ample additional street parking for guests is available along the Project frontage on Foster Bridge Blvd. & Suva Street.
Master Affordable Housing Covenant
The Inclusionary Housing Plan terms will be formalized in a master covenant between the City of Downey and Olson (or affiliated Olson ownership entity), which will be recorded, and released upon the successful sale of the three affordable homes to qualified moderate-income buyers.
Attachment H (Exhibit B)
RESOLUTION NO. 24-8242
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING TENTATIVE TRACT MAP NO. 84168 (PLN-23-00035) FOR THE PROPERTY LOCATED AT 7360 FOSTER BRIDGE BOULEVARD (APN NO.:
6358-015-058)
WHEREAS, on March 20, 2023, the applicant, Steve Armanino (a representative of the Olson Company), submitted a request for a Site Plan Review, Tentative Tract Map, Density Bonus, General Plan Amendment, and Zone Change, to construct a new 33-unit townhome condominium ownership development at 7360 Foster Bridge Boulevard (“Project”); and,
WHEREAS, on April 20, 2023, the applicant was issued a letter deeming the application incomplete; and,
WHEREAS, on June 14, 2023, upon review of partially submitted materials, the applicant was issued a subsequent letter deeming the application incomplete; and,
WHEREAS, on September 18, 2023, upon review of partially submitted materials, the applicant was issued a subsequent letter deeming the application incomplete; and,
WHEREAS, on February 14, 2024, upon review of newly submitted supporting documents, the applicant was issued a subsequent letter deeming the application incomplete; and,
WHEREAS, on March 28, 2024, upon review of all required materials submitted, the applicant was issued a letter deeming the application complete; and,
WHEREAS, on April 4, 2024, a notice of public hearing for a General Plan Amendment, Zone Change, Site Plan Review, Tentative Tract Map, Density Bonus, and Initial Study/Mitigated Negative Declaration was sent to all tenants and property owners within 500-feet of the subject site, as well as to interested parties and outside agencies, and the public hearing notice was published in Downey Patriot; and,
WHEREAS, the Project is required to undergo an environmental review pursuant to the California Environmental Quality Act (CEQA) and the state CEQA Guidelines. Through its consultant, the City prepared an Initial Study leading to a Mitigated Negative Declaration (“IS/MND”) for the Project. On November 22, 2023, in accordance with the requirement of the California Environmental Quality Act, a Notice of Intent to adopt a Mitigated Negative Declaration was submitted to the Los Angeles County Recorder’s Office. The Mitigated Negative Declaration for the Project reflects the City’s independent judgment and analysis as lead agency for the Project; and,
WHEREAS, based on the IS/MND, the Project would have no impact or a less than significant impact on the following environmental issue areas: Agriculture and Forestry Resources, Air Quality, Energy, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Population and Housing, Public Services, Recreation, Transportation, Utilities and Service Systems, and Wildfire. The Project’s impacts on the following issue areas would be less than significant with the implementation of mitigation: Aesthetics, Biological Resources, Cultural Resources, Geology, Soils, and Paleontological Resources, Hazards and Hazardous Materials, Noise and Tribal Cultural Resources. All impacts would be less than significant after mitigation; and,
Resolution No. 24-8242
WHEREAS, the Planning Commission held a duly noticed public hearing on April 17, 2024, and after fully considering all oral and written testimony, facts, and opinions it was motioned and seconded to adopt this resolution. The motion did not carry with a vote of 2-2. No additional motions were made or voted upon; and,
WHEREAS, on April 18, 2024, the applicant requested the application to be re-agendized and independently, at a new public hearing, to be presented to the Planning Commission once again; and,
WHEREAS, on April 18, 2024, a notice of public hearing for a General Plan Amendment, Zone Change, Site Plan Review, Tentative Tract Map, Density Bonus, and Initial Study/Mitigated Negative Declaration was sent to all tenants and property owners within 500-feet of the subject site, as well as to interested parties and outside agencies, and the public hearing notice was published in Downey Patriot; and,
WHEREAS, on May 1, 2024, the Planning Commission held a duly noticed public hearing, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted Resolution 24-4027, recommending the City Council approve the General Plan amendment, Zone Change, and Mitigated Negative Declaration, as well as Resolution 24-4028 for a Site Plan Review and Density Bonus and Resolution 24-2029 for a Tentative Tract Map; and.
WHEREAS, the City Council held a duly noticed public hearing on May 14, 2024, to fully consider all oral and written testimony and facts and opinions regarding the zone change request regarding the General Plan Amendment, Zone Change Request, and Mitigated Negative Declaration, Site Plan Review and Density Bonus, and Tentative Tract Map.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The City Council of the City of Downey hereby finds, determines, and declares as follows:
A. The proposed map is consistent with applicable general and specific plans. The map most closely helps promote Policy 1.4.3. relating to promoting home ownership and detail below. In addition, the tract map is filed in conjunction with a General Plan Amendment which if approved would render the proposed map in full compliance with the City’s General Plan.
Policy 1.4.3 – Promote home Ownership
Program 1.4.3.1. Promote ownership-based housing, such as condominiums, townhouses, and planned unit developments.
The above policy is applicable to and promoted by the proposed map because the project involves the construction of townhomes. Thus, the General Plan must encourage the proposed map because in order to establish common ownership property of housing such as townhomes, a tentative tract map must be accompanied and approved.
Resolution No. 24-8242
B. The design or improvements of the proposed subdivision are consistent with applicable general and specific plans. Specifically, the project will increase housing inventory and will do so on a residentially zoned site with under-utilized density.
The following policy is promoted by the proposed tentative tract map:
Policy 2.2 – Encourage infill development and recycling of land to provide adequate residential sites.
The TTM promotes the above policy by utilizing an already developed lot (with a religious institution) to create dwelling units on a residentially zoned lot that is not developed with housing units. In addition, the project also helps the site reach its appropriate density capacity under the City’s Multiple Family Residential zone. The project site is ideal for this type of construction due to the proposed zoning, general plan designation modifications, and available infrastructure.
C. The site is physically suitable for the type of development. The site can be described as regular (in-terms of shape or slope) when developed as a whole and as a townhome/condominium subdivision. Other types of subdivisions do present complications due to the sites diamond shaped irregular configuration. The site holds characteristics common for properties with similar uses and similar infrastructure. Lastly, the proposed site plan provides appropriate life and safety Building Code and Fire Code regulations.
D. The site is physically suitable for the proposed density of the development. The subject property is approximately 1.35 acres, and is allowed a maximum density of 30 units per the City’s R-3 zone. This is also consistent with density policy set forth in the City’s General Plan. The site will accommodate three additional units per allowances provided in California Density Bonus Law.
E. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure wildlife or their habitat. The project site is in an urban setting surrounded by urban uses.
There are also no known wildlife habitats within the City. In addition, the subject property is an already developed lot. Therefore, the proposed map and development will not cause or contribute to impacts not already existing on the site or in the general area. In addition, environmental impacts related to, but not limited to, biological resources, noise, traffic, light, and aesthetics have been have been identified as less than significant per the findings of a Mitigated Negative Declaration conducted for the project.
F. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the project has been carefully laid out to avoid conditions that could result in serious public health problems. Pedestrian circulation is separated from vehicle traffic with the use of walkways that connect all entrances to the units. The site layout works best to facilitate vehicle movement while maximizing pedestrian safety. Accordingly, the functional aspects of the site development from the view of the public street have been properly considered in the development proposal.
Furthermore, the proposed development has been found, per technical studies, to not hold the capability of generating impacts that significantly alter existing
Resolution No. 24-8242
conditions. Rather any impacts related to the nearby area are currently established and not a result of the application.
G. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property with the proposed subdivision. The review of the Tentative Tract Map and title report reflect no such easements within the subject property. Overhead utility lines are located across the street along both street frontages, but are located on the public right-of-way.
SECTION 2. Based upon the findings set forth in Sections 1 of this Resolution, the City Council hereby approves Tentative Tract Map No. 84168, subject to conditions of approval attached hereto as Exhibit ‘A’, which are necessary to preserve the health, safety and general welfare of the community and enable the Planning Commission to make the findings set forth in the previous sections. The conditions are fair and reasonable for the accomplishment of these purposes.
SECTION 3. The City Clerk shall certify the adoption of this Resolution.
APPROVED AND ADOPTED this ___ day of ________ 2024.
________________________
MARIO TRUJILLO, Mayor
ATTEST:
____________________________
MARIA ALICIA DUARTE, CMC
City Clerk
APPROVED AS TO FORM:
_____________________________
JOHN M. FUNK
City Attorney
I HEREBY CERTIFY that the foregoing Resolution No. 24-___ was introduced at a Regular Meeting of the City Council of the City of Downey held on the 14th day of May, 2024, and adopted at a Regular Meeting of the City Council of the City of Downey held on the ___ day of ___, 2024, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Resolution No. 24-8242
___________________________________
MARIA ALICIA DUARTE, CMC
City Clerk
Resolution No. 24-8242
PLN-23-00035
(TENTATIVE TRACT MAP )
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of Tentative Tract Map No. 84168 (PLN-23-00035) allows for the subdivision of airspace and common interest ownership for a 33-unit residential condominium townhome ownership development on a property located at 7360 Foster Bridge Boulevard.
2) Tentative Tact Map No. 84168 is associated with a General Plan Amendment and Zone Change and a Site Plan Review and Density Bonus as outlined in Resolution No. 24-8241.
This resolution, Resolution No. 24-8242, shall run concurrently with Resolution Nos. 24- 8240 and 24-8241 and Ordinance to change zoning for property located at 7360 Foster Bridge Road and is equally subject to the Conditions of Approval set forth in said Resolutions.
3) Failure to carry out the approvals and Conditions of Approval detailed in Resolution Nos. 24-8240 and 24-8241 and Ordinance to change zoning for property located at 7360 Foster Bridge Road shall render this Resolution null and void.
4) Major deviations or exceptions from this plan shall not be permitted without the approval of the City of Downey Planning Commission. Minor administrative adjustments may be approved subject to the approval of the Director of Public Works.
5) Approval of Tentative Tract Map No. 84168 shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Downey Municipal Code shall apply.
6) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant's expense, City and City's agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the approval of this resolution, to challenge the determination made by City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney's fees that the City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition.
7) The Community Development Director is authorized to make minor modifications to the approved preliminary plans described in the accompanying Resolutions or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions.
Resolution No. 24-8242
8) Prior to the issuance of building and/or grading permits, the Final Tract Map No. 84168 shall be approved by the City and recorded with the Los Angeles County Recorder.
Tentative Tract Map No. 84168 shall not become effective until the Downey City Council approves the Final Tract Map, and said Map is recorded with the Los Angeles County Recorder.
9) Prior to the recording of the Final Tract Map, the applicant shall pay all Park in-lieu fees, as required by Municipal Code Section 9931.8.
10) The Tract Map shall be recorded with Los Angeles County Recorder’s office within one (1) year of this date, April 17, 2024. Time extensions, not to exceed one (1) year, may be granted and approved by the Community Development Director if a written request is received by the within thirty (30) days prior to expiration.
11) The Final Map shall be submitted for review, processing, and recording at least ninety (90) days prior to the expiration of the Tentative Map.
12) The final map shall be recorded in accordance with the approved Tentative Tract Map, date stamped April 17, 2024, and to the satisfaction of the Public Works Director.
13) Prior to recordation of the Final Map, current ownership evidence such as updated preliminary title reports and deeds shall be submitted for review.
14) All conditions of approval herein, as applicable, shall be satisfied prior to recordation of a final map or as otherwise specified herein.
15) In the event the project Site Plan Review project becomes expired, at the expense of the applicant the Community Development Director shall have cause and authorize to revert the lot back to its original subdivision state at the property owner’s expense.
PREPARED BY:
ALAN R. SHORT, P.E.
726.3 W Galen Drive
Herriman, UT 84096
(949)[email protected]
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DEVELOPER:
THE OLSON COMPANY
3010 OLD RANCH PARKWAY, SUITE 100 SEAL BEACH, CALIFORNIA 90740-2750 (562)596-4770
ATTENTION: MR. STEVE ARMANINO
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VESTING TENTATIVE TRACT No. 84168
SITE PLAN
DOWNEY FOSTER BRIDGE
1/10/24 SHEET 1 OF 1
Date Stamped April 17, 2024
Attachment I (Exhibit B)
LEGAL DESCRIPTION:
TENTATIVE TRACT No. 84168 A VESTING TENTATIVE TRACT MAP
FIRST AMERICAN TITLE COMPANY
ORDER NUMBER: OSA-6878682 (2)
Real property in the City of Downey, County of Los Angeles, State of California, described as follows:
THAT PORTION OF THE RANCHO SANTA GERTRUDES, CONVEYED BY DEED RECORDED IN BOOK 2282 PAGE 196 OF DEEDS, AND ALSO THE MOST WESTERLY PORTION OF THE LAND CONVEYED TO JOHN G. DOWNEY AND JAMES MACFARLAND TO JOHN MCELRATH BY DEED RECORDED IN BOOK 18 PAGE 609 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, IN THE CITY OF DOWNEY,
FOR CONDOMINIUM PURPOSES
IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, THAT LIES WESTERLY OF THE COUNTY ROAD AND BEING FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT AN ANGLE POINT IN THE CENTER LINE OF THE COUNTY ROAD, AS SHOWN ON COUNTY SURVEYOR'S MAP NO. 7286 MARKED STATION 31-97-7 /10 ON SAID MAP; THENCE ALONG SAID CENTER LINE NORTH 2' oo· 40" WEST 720.06 FEET TO AN ANGLE POINT IN SAID ROAD; THENCE NORTH 57' 53' 1 O" WEST ALONG SAID CENTER LINE 100 FEET; THENCE SOUTH 15' 30' 58" WEST ALONG THE WESTERLY LINE OF THE LAND CONVEYED BY DEED RECORDED IN BOOK 2282 PAGE 196 OF DEEDS, 645.49 FEET TO THE MOST WESTERLY CORNER OF THE LAND CONVEYED TO SAID MCELRATH; THENCE ALONG THE SOUTHWESTERLY LINE OF THE LAND CONVEYED TO SAID MCELRATH, SOUTH 58" 20' 1 O" EAST 333.08 FEET; THENCE NORTH 2' oo· 40" WEST 24.03 FEET TO THE POINT OF BEGINNING.
EXCEPT THEREFROM SAID LAND THAT PORTION THEREOF CONVEYED TO THE COUNTY OF LOS ANGELES BY DEED RECORDED IN BOOK 143 PAGE 91 OF DEEDS, AND ANY PORTION THEREOF INCLUDED WITHIN THE LAND CONVEYED TO SAID COUNTY, BY DEED RECORDED IN BOOK 16 PAGE 74 Of DEEDS.
ALSO EXCEPT THAT PORTION OF SAID LAND LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTHWESTERLY TERMINUS OF THE CENTER LINE OF THAT STRIP OF LAND, 40 FEET WIDE, DESCRIBED IN DEED TO COUNTY OF LOS ANGELES RECORDED IN BOOK 143 PAGE 91 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE SOUTH 25' 19' 43" WEST 622.19 FEET TO THE MOST NORTHERLY CORNER OF TRACT NO. 3327, AS SHOWN ON MAP RECORDED IN BOOK 36 PAGE 38 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS CONDEMNED FOR FLOOD CONTROL CHANNEL BY FINAL DECREE OF CONDEMNATION ENTERED IN CASE NO. 590754, SUPERIOR COURT.
ALSO EXCEPT THAT PORTION OF SAID LAND LYING NORTHERLY OF A LINE, DESCRIBED AS FOLLOWS:
BEGINNING AT AN ANGLE POINT IN THE CENTER LINE OF THE COUNTY ROAD AS SHOWN ON COUNTY SURVEYOR'S MAP NO. 7286 MARKED STATION 31-97-7 /10 ON SAID MAP; THENCE ALONG SAID CENTER LINE NORTH T oo· 40" WEST 350.85 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 79' 25' 35" WEST TO THE NORTHWESTERLY LINE OF SAID LAND.
EXCEPTING THEREFROM THAT PORTION OF LAND CONVEYED TO SHIKA, INC. IN GRANT DEEDRECORDED JULY 16, 1979 AS INSTRUMENT NO. 1979-774544 IN THE OFFICE OF THE COUNTY RECORDER.
EXISTING EASEMENTS:
[lJ An easement for Pipe Lines and incidental purposes, recorded in Book 6559 of Deeds, Page 298.
In Favor of: San Antonio Irrigation Company Affects: as described therein The location of the easement cannot be determined from record infonmation. [±] An easement for Public Road and Highway Purposes and incidental purposes, recorded as Book 37685, Page 200 of Official Records.
In Favor of: County of Los Angeles Affects: as described therein [fil An easement for Public Road and Highway Purposes and incidental purposes, recorded April 13, 1953 as Book 41461, Page 175 of Official Records.
In Favor of: County of Los Angeles Affects: as described therein []] An easement for Public Road and Highway Purposes and incidental purposes, recorded May 14, 1969 as Book D-4369, Page 126 of Official Records.
In Favor of: City of Downey Affects: as described therein [2J An easement shown or dedicated on the Assessor Map.
For: SLOPE and incidental purposes.
D
WLY R/W
10' ---EXISTING ROA
EASEMENT & PROPOSED ROAD DEDICA
v--
TION VARIES 8'-5'
I I 30'
VARIES 22'-25'
50'
40'
20'
13' 7'
ELY R/W SLY R/W
1 o·
60'
30'
20'
30'
20' 1 o·
NLY R/W
-L--------..r-"\ --� �--rr -------::1-� --�� ��-r'C.--
N.T.S.
2'
N.T.S.
----�--I ' � == --_..,."""""----== == ""�-J I. ------�--� FOSTER BRIDGE BLVD.
SECTION A-A
PUBLIC UTILITY & ACCESS EASEMENT 24'
I
20• 2' I
PROPOSED AC PAVEMENT
PRIVATE DRIVE
SECTION C-C
N.T.S.
2'
N.T.S.
1 -�=====�a:-==��.�J I�-. -----�-�
SUVA STREET
SECTION B-B
PUBLIC UTILITY & ACCESS EASEMENT 30'
26'
PROPOSED AC PAVEMENT
PRIVATE DRIVE
SECTION D-D
PROPOSED 6" CURB & GUTTER
2'
N.T.S.
GENERAL NOTES
1.EXISTING LAND USE: CHURCH
2.PROPOSED LAND USE: 33 MULTI-FAMILY RESIDENTIAL CONDOMINIUMS.
3.EXISITING GENERAL PLAN:LOW DENSITY RESIDENTIAL
4.PROPOSED GENERAL PLAN:MEDIUM DENSITY RESIDENTIAL
5.EXISTING ZONING:R-1 6000
6.PROPOSED ZONING:R-3-0
7.WATER SERVICE PROVIDED BY: CITY OF DOWNEY.
8.SEWER SERVICE PROVIDED BY: CITY OF DOWNEY.
9.ALL PROPOSED UTILITIES ARE TO BE UNDERGROUND (OTHER THAN FOR TEMPORARY CONSTRUCTION PURPOSES AND EXISTING POLE LINES).
10.ELECTRIC SERVICE PROVIDED BY: SOUTHERN CALIFORNIA EDISON.
11.GAS SERVICE PROVIDED BY: NONE
12.TELEPHONE SERVICE PROVIDED BY: VERIZON.
13.CABLE TELEVISION PROVIDED BY: TIME WARNER.
14.PROJECT IS WITHIN THE DOWNEY UNIFIED SCHOOL DISTRICT.
15.STREET IMPROVEMENTS SHOWN HEREON SHALL MEET THE REQUIREMENTS OF THE CITY OF DOWNEY.
16.ALL LOTS SHALL BE HOMEOWNER OR HOMEOWNER ASSOCIATION MAINTAINED.
17.PROPERTY IS LOCATED WITHIN FLOOD ZONE "X", (AREAS OF MINIMAL HAZARD), PER FIRM MAP NUMBER 06037C1810F, EFFECTIVE DATE SEPTEMBER 26, 2008.
18.ASSESSOR'S PARCEL NUMBERS:6358-015-058
19.PARKING PROVIDED: 66 ENCLOSED (2 PER UNIT IN GARAGE) 5 GUEST
71 TOTAL
DENSl1Y CALCULATIONS:
PROPOSED CONDMINIUMS:
NET LOT AREA:
PROPOSED DENSITY:
33 UNITS
1.22 AC
27.1 DU/AC
PROPOSED LOT AREA:
GROSS AREA = 56,029 SF -1 .29 AC
FOSTER BRIDGE BLVD. ROAD DEDICATION =
NET AREA -
LOT 1 =
2,755 SF -
53,274 SF -
53,274 SF -
0.07 AC
1.22 AC
1.22 AC
PROPER1Y ADDRESS:
7360 FOSTER BRIDGE BOULEVARD
DOWNEY, CA 90240
PUBLIC UTILITY & ACCESS EASEMENT 35.5'
22.5' 9' PARKING
PROPOSED AC PAVEMENT
PRIVATE DRIVE
SECTION E-E
I
2' I
VICINl1Y MAP
NTS THOMAS GUIDE: 706, A-1
DEVELOPER:
THE OLSON COMPANY 3020 OLD RANCH PARKWAY, SUITE 100 SEAL BEACH, CALIFORNIA 90740-2750 (562)596-4770 ATTENTION: MR. STEVE ARMANINO
PREPARED BY:
No. 30873 EXP. 3/31/24
►7263 W Galen Drive
Herriman, UT 84096(949)[email protected]
ALAN R. SHORT, P .E.
()j{M�ck+-
ALAN R. SHORT, P.E. R.C.E. 30873, EXPIRES 3/31/24
STATEMENT OF OWNERSHIP:
DATE: 11/1/23
WE, THE UNDERSIGNED, DO HEREBY STATE THAT WE ARE THE
RECORD OWNERS OF THE PROPERTY COMPRISING THIS VESTING
TENTATIVE TRACT MAP AND THAT WE HAVE CONSENTED TO THE
FILING OF SAID MAP.
LORDS GRACE OF DOWNEY CHURCH CORPORATION
ATTN: JEREMIAH KERKHOFF p.miah [email protected]
BY: _____________ _ DATE:
EXISTING ASSESSOR'S PARCEL NUMBERS: 6358 -015-058
SCALE:
DATE:
GROSS AREA:
CONTOUR:
TOTAL LOTS:
1" = 20'
11/1/23
±1.46 AC 1 •
1 NUMBERED
VESTING TENTATIVE TRACT NO. 84168
SHEET C1 OF 3
Date Stamped April 17, 2024
Attachment I (Exhibit B)
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10" STEP
138.21 5 FS
139.04 FS9 FF 139.37 PA =138.7
10 139.37 FS
10• STEP
11 139.37 FS
FF=1 40.20 139.87
PAD=139.5 FS
12 140.20
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0 FF= 207.50
PAD= 206.8
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TC
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FS 1
Scale 1 ,,
N
TENTATIVE TRACT BOUNDARY
FINISHED FLOOR EL EVATION
PROPOSED PAD ELEVATION
EXISTING SEWER MAIN
EXISTING WATER MAIN
EXISTING STREET LIGHT
PROPOSED PRIVATE SEWER LINE
PROPOSED PRIVATE SEWER CLEANOUT
EXI STING FIRE HYDRANT
PROPOSED FIRE HYDRANT
PROPOSED WATER METER
PROPOSED FDC
TOP OF CURB ELEVATION
FLOW LINE ELEVATION
FINISHED SURFACE ELEVATION
PROPOSED LOT NUMBER
40 60
20'
PREPARED BY:
No. 30873 EXP. 3/31/24
ALAN R. SHORT, P.E.
►7263 W Galen Drive
Hemman, UT 84096(949)586-5200AIANSHORTPEOGMAIL.COM
(}J�f� DATE: 1/10/24
ALAN R. SHORT, P.E. R.C.E. 30873, EXP IRES 3/31/24
VESTING TENTATIVE TRACT NO. 84168
1/10/24 SHEET C2 OF 3
Date Stamped April 17, 2024
Attachment I (Exhibit B)
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137.38
1 FS
137.38 FS
137.38
3 FS
FF=137.71 PAD=137.0 137.38
10" STEP FS
138.21
5 FS m C r 138.21 FS "'" I ._,..,0)11 a
z FF=138.54 PAD=137.8
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8 139.04
FS9
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10 139.37
FS
10• STEP
11 139.37
FS
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FF= 207.50
PAD= 206.8
TC
FL
FS
TG
INV 1
Scale 1"
N
TENTATIVE TRACT BOUNDARY
FINISHED FLOOR ELEVATION
PROPOSED PAD ELEVATION
PROPOSED AREA DRAIN LINE
TOP OF CURB ELEVATION
FLOW LINE ELEVATION
FINISHED SURFACE ELEVATION
TOP OF GRATE EL EVATION
INVERT ELEVATION
PROPOSED LOT NUMBER
20'
EARTHWORK SUMMARY:
CUT FILL
CUT/FILL 2,500 CY 0 CY
OVER-EXCAVATION 7,000 CY 7,000 CY
SHRINKAGE (20%) 1,750 CY
SUBSIDENCE (0.2') -400 CY
EXPORT
TOTAL
PREPARED BY:
350 CY
9,100 CY 9,100 CY
ALAN R. SHORT, P.E.
►7263 W Galen Drive
Hemman, UT 84096(949)586-5200AIANSHORTPEOGMAIL.COM
(}J�f� DATE: 1/10/24
ALAN R. SHORT, P.E. R.C.E. 30873, EXPIRES 3/31/24
CONCEPTUAL GRADING PLAN
VESTING TENTATIVE TRA CT NO. 84168
1/10/24 SHEET C3 OF 3
Date Stamped April 17, 2024
Attachment I (Exhibit B)
AGENDA
PUBLIC WORKS COMMITTEE
MEETING
Thursday
March 21, 2024
4:00 P.M.
City Council Chambers, City Hall
11111 Brookshire Avenue
Downey, CA 90241
I.CALL TO ORDER: THE REGULAR PUBLIC WORKS COMMITTEE MEETING – 4:00 P.M
FLAG SALUTE
ROLL CALL
Dania Janczak, Dist. 1 Machell Brookens, Dist. 1
Beth Gendreau, Dist. 2 Elvira Meraz, Dist. 2
Sue Saikaly, Dist. 3 Mia Vasquez, Dist. 3
Rodolfo Sandoval III, Dist. 4 John Wilhite, Dist. 4
Alfred Tovar, Dist. 5 Lissette Rivera, Dist. 5
II.PUBLIC COMMENT ON REGULAR MEETING AGENDA AND NON -AGENDA ITEMS This portion provides an opportunity for the public to address the Public Works Committee on items within the jurisdiction of the Committee and either listed or not listed on the agenda. It is requested, but not required, that you state your name, address and subject matter upon which you wish to speak. Please limit your comments to no more than 3 minutes.
Pursuant to the Brown Act, no discussion or action, other than a brief response, referral to Ci ty staff or schedule for a subsequent agenda, shall be taken by the Public Works Committee on any issue brought forth under this section.
III.CONSENT CALENDAR
1.Approval of Minutes for February 15, 2024
IV.OLD BUSINESS
None
V.NEW BUSINESS
1.Report regarding the City’s traffic calming program.
VI.PUBLIC WORKS COMMITTEE COMMUNICATIONS
VII.STAFF COMMUNICATIONS
VIII.NEXT MEETING: April 18, 2024 – City Council Chambers, City Hall Attachment J
Public Works Committee
March 21, 2024