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HomeMy WebLinkAbout2001 087 CC RESO2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[HmíRESOLUTION NO. 2001-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED BALDWIN PARK MARKETPLACE 24-ACRE SITE); APPLICANT: CITY OF BALDWIN PARK AND LEWIS RETAIL; LOCATION: 24 ACRES BOUNDED BY BIG DALTON AVENUE TO THE WEST, MERGED AVENUE TO THE NORTH, PUENTE AVENUE TO THE EAST AND THE 1-10 FREEWAY TO THE SOUTH. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park does hereby find, determine, and declare as follows: 1) That pursuant to the California Environmental Quality Act of 1970, as amended, Public Resources Code, Section 21000 et. Seq. hereinafter CEQA") and the CEQA Guidelines, 14 Cal Adm. Code Section 15000 et. Seq., an Environmental Impact Report was prepared to evaluate anticipated environmental impacts resulting from changes in residential land use and land use policy as a result of the implementation of the proposed development; and 2) In accordance with CEQA, the Draft EIR was offered for public review in accordance with State CEQA Guidelines. Since no comments were received within the specified time period, no comments were included in the Final EIR; and 3) That at their June 27, 2001 meeting the Planning Commission of the City of Baldwin Park held a public hearing and reviewed and considered the Draft EIR and then voted to recommend that the City Council certify the EIR; and 4) The City Council has fully reviewed and carefully considered the Final and Draft EIR and all other environmental documents that comprise the EIR, including all information presented at the duly noticed public hearing upon said matter; and 5) That the City Council has fully reviewed and carefully considered the Findings of Facts and Findings for the Environmental Impact Report, included and incorporated herein as Attachment #2 in the City Council staff report dated August 15, 2001, and the Statement of BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[HmíResolution 2001-087 Page 2 Overriding Considerations for the Environmental Impact Report included and incorporated herein as Attachment #2 in the City Council staff report dated August 15, 2001; and 6) That the City Council has fully considered and recognized all the significant adverse environmental impacts which may result from implementation of the proposed Baldwin Park Marketplace; and 7) That all adverse environmental impacts of the Project will be avoided or mitigated to a level of insignificance by the imposition of the Mitigation Monitoring Program, included and incorporated herein as Attachment #3 in the City Council staff report dated August 15, 2001, with the exception of impacts on traffic circulation; and 8) That the Environmental Impact Report has described all reasonable alternatives to the Project that could feasibility obtain the basic objectives of the Project, even when those alternatives might impede the attainment of Project objectives or might be more costly; and 9) That the City Council hereby finds and determines that the unavoidable significant impacts of the Project that will not be reduced to a level of insignificance identified in the Environmental Impact Report, are clearly outweighed by the economical, social, and other benefits of the Project as set forth in the Statement of Overriding Considerations, included as Attachment #2 in the City Council staff report dated August 15,2001;and 10) That the City Council based upon the evidence presented and each City Council member being familiar with the Property, determined that the Final Environmental Impact Report should be certified. SECTION 2. That the City Council does hereby adopt the Findings of Facts for the Environmental Impact Report, included as Attachment #2 in the City Council staff report dated August 15, 2001. SECTION 3. That the City Council does hereby adopt the Statement of Overriding Considerations for the Environmental Impact Report, included as Attachment #2 in the City Council staff report dated August 15, 2001. SECTION 4. That, in view of the foregoing, the City Council of the City of Baldwin Park hereby certifies that the Environmental Impact Report for the proposed Baldwin Park Marketplace is complete and adequate and was prepared in compliance BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[HmíResolution 2001-087 Page 3 with the requirements of CEQA and was presented to the City Council and the Council has reviewed and considered the information contained herein. SECTION 5. That the City Council relied upon the Administrative Record, and evidence presented at the public hearing making the above determinations and in reaching the conclusion that the Environmental Impact Report be certified. SECTION 6. That the City Clerk is hereby authorized and directed to file a Notice of Determination with the County Clerk of Los Angeles, as required pursuant to CEQA. PASSED AND APPROVED this 3rd day of October, 2001. MAMUEXOZANO, MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I, ROSEMARY RAMIREZ, Chief Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2001-087 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 3rd day of October, 2001 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Marlen Garcia, Ricardo Pacheco, Mayor Pro Tern Linda Gair and Mayor Manuel Lozano Bill Van Cleave None ABSTAIN ILMEMBERS: None ROSEMARY RAMtREZ, CMC CHIEF DEPUTYY)ITY CLERK BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[Hmí24-Acre Commercial Shopping Center Project FEIR—Findings and Statement of Overriding Considerations FINDINGS OF FACT IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE 24-ACRE COMMERCIAL SHOPPING CENTER PROJECT AND STATEMENT OF OVERRIDING CONSIDERATIONS INTRODUCTION The California Environmental Quality Act CEQA) Public Resources Code Section 21081, and the CEQA Guidelines Section 15091 provide that: No public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings: a. Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. b. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. c. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final environmental impact report." Because the 24-Acre Commercial Shopping Center Project Environmental Impact Report EIR) identified significant effects that may occur as a result of the project, and in accordance with the provisions of CEQA and CEQA Guidelines, the City of Baldwin Park hereby adopts these findings as part of the approval of the project and related applications. The City of Baldwin Park has prepared a Program EIR for the project in accordance with CEQA and CEQA Guideline requirements. The EIR was subject to review, and the Community Development Department recommended its certification to me Baldwin Park City Council by separate resolution. MITIGATED ADVERSE IMPACTS The potential significant adverse impacts that would be mitigated are listed in the following sections. The Baldwin Park City Council finds that these potential adverse impacts would be mitigated to a level that is considered less than significant after implementation of the project design features and recommended mitigation measures. POPULATION AND HOUSING Significant Impact Implementation of the proposed project would result in the razing of 10 residential structures and the relocation of approximately 42 residents. F:\USERUST\Cityc!erk\Exhibits\Exhibit#2 to Reso 2001-087 EIR Lewis Projectdoc 1 TTiM^ivjftv BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[Hmí24-Acre Commercial Shopping Center Project FEIR—Findings and Statement of Overriding Considerations Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following mitigation measures as identified in the Final Project EIR and incorporated into the project: Mitigation Measures 1-1 The California Redevelopment Law requires a Relocation Plan be prepared for displaced residents and businesses and due compensation given, including assistance with relocation. The Department of Community Development will monitor compliance. 1-2 Relocation benefits will be provided in accordance with the California Relocation Assistance Law Government Code, Section 7260 et. seq.). The Department of Community Development will monitor compliance. 1-3 The Baldwin Park Redevelopment Agency must implement a Relocation Plan with provisions for affordable and comparable housing. Relocation of all residents must be carried out in a manner consistent with the Relocation Plan. The Department of Community Development will monitor compliance. Significant Impact Implementation of the proposed project would result in the displacement of 4 commercial and 2 motel businesses currently located onsite. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following mitigation measures as identified in the Final Project EIR and incorporated into the project: Mitigation Measures 1-1 The California Redevelopment Law requires a Relocation Plan be prepared for displaced residents and businesses and due compensation given, including assistance with relocation. The Department of Community Development will monitor compliance. F:\USERLIST\Cityclerk\Exhibits\Exhibit#2 to Reso 2001-087 EIR Lewis PrqjecLdoc 2 Vivtfiiwnv BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[Hmí24-Acre Commercial Shopping Center Project FEJR—Findings and Statement of Overriding Considerations 1-4 The City shall work with the project owner/tenant and local employment/job training agencies to implement a jobs program that will assure consideration of local residents or employees of local businesses displaced) in the hiring practices for the new facility. SJ2nificant Impact A total of 1,782 residential units are expected to be displaced within the cumulative impact area the Sierra Vista Redevelopment Plan area) and 898 new units constructed. Therefore, 884 new- residential units will need to be built as a result of SVRP implementation. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following mitigation measures as identified in the Final Project EIR and incorporated into the project: Mitigation Measures 1-2 Relocation benefits will be provided in accordance with the California Relocation Assistance Law Government Code, Section 7260 et. seq.). The Department of Community Development will monitor compliance. 1-3 The Baldwin Park Redevelopment Agency must implement a Relocation Plan with provisions for affordable and comparable housing. Relocation of all residents must be carried out in a manner consistent with the Relocation Plan. The Department of Community Development will monitor compliance. TRAFFIC AND CIRCULATION Significant Impact The project will result in the following intersections being significantly impacted: Puente Avenue and Garvey Avenue South AM peak hour v/c ratio increase of 0.06 0.86 to 0.92 LOS E)] PM peak hour v/c ratio increase of0.12[1.03 to 1.14 LOS F)j Pacific Avenue and Ramona Boulevard PM peak hour v/c ratio increase of 0.02 0.95 to 0.97 LOS E)] Puente Avenue and Merced Avenue PM peak hour v/c ration increase 0.29 0.73 to 1.02 LOS F)j F:\USERLIST\Cityclerk\Exhibits\Exhibit#2 to Reso 2001-087 EIR Lewis ProjecLdoc 3 Fryi//7y»/TC BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[HmíFinding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following mitigation measures as identified in the Final Project EIR and incorporated into the project: Mitigation Measures 2-1 At the intersection of Puente Avenue and Garvey Avenue South, the westbound approach shall be restriped. 2-2 At the intersection of Pacific Avenue and Ramona Boulevard, the north and southbound approaches shall be restriped to provide for one left-turn lane, one through lane, and one combination through-right-tum lane. 2-3 Formerly Mitigation Measure 2-6 in the Response to Comments document) The south side of Merced Avenue along the project frontage should be widened to create a separate eastbound Merced Avenue to southbound Puente Avenue right-turn lane. Additionally, westbound Garvey Avenue shall be restriped to align the eastbound Merced Avenue and the westbound Garvey Avenue through traffic lanes. Significant Impact Ten of the twelve intersections are anticipated to continue to operate at LOS D or better during the AM peak hours with the addition of ambient growth and the cumulative traffic generation. The following two intersections are forecasted to operate at LOS E or worse with the addition of ambient growth traffic and the cumulative traffic during the peak hours: Puente Avenue and Garvey Avenue South PM peak hour v/c 1.03, LOS F Pacific Avenue and Ramona Boulevard AM peak hour v/c= 0.95, LOS E Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. F:\USERLIST\Citycletk\Exhibits\Exhibit#2 to Reso 2001-087 EIR Lewis Project.doc 4 Vin^ivsnp BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[Hmí24-Acre Commercial Shopping Center Project FEIR—Findings and Statement of Overriding Considerations Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following mitigation measures as identified in the Final Project EIR and incorporated into the project: Mitigation Measures 2-1 At the intersection of Puente Avenue and Garvey Avenue South, the westbound approach shall be restriped. 2-2 At the intersection of Pacific Avenue and Ramona Boulevard, the north and southbound approaches shall be restriped to provide for one left-turn lane, one through lane, and one combination through-right-tum lane. AIR QUALITY Significant Impact Due to the age of the onsite structures, it is possible that asbestos, lead-based paint, and/or hazardous or toxic materials were used during construction of the onsite structures. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following mitigation measures as identified in the Final Project EIR and incorporated into the project: Mitigation Measures 3-1 A pre-construction survey shall be completed by a certified asbestos consultant to determine the presence or absence of asbestos containing materials onsite, prior to the issuance of a demolition permit. Any resulting remediation shall be performed in compliance with SCAQMD Rule 1403. 3-2 A certified hauler shall dispose of any asbestos containing materials at a licensed hazardous waster repository. Significant Impacts Construction activities will create 222 pounds of PM-10 per day, exceeding SCAQMD significance thresholds. F:\USERLIST\Cityclerk'£xtlibits\Exhibit#2 to Reso 2001 087 EIR Lewis Project.doc 5 777'M^/7M<7C' BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[Hmí Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following mitigation measures as identified in the Final Project EIR and incorporated into the project: Mitigation Measures 3-3 Simultaneous disturbance of the project site shall be limited to two-thirds of the total site, approximately fourteen acres. 3-4 Water all active construction areas at least twice daily. 3-5 Cover all haul trucks or maintain at least two feet of freeboard. 3-6 Pave or apply water four times daily to all unpaved parking or staging areas. 3-7 Sweep or wash any site access points within thirty-minutes of any visible dirt deposition on any public roadway. 3-8 Suspend all operations on any unpaved surface if winds exceed 25 mph. Significant Impact During construction NOx levels will exceed SCAQMD significance thresholds. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following mitigation measures as identified in the Final Project EIR and incorporated into the project: Mitigation Measures 3-9 90-day low NOx tune-ups are required for all off-road equipment. 3-10 Limit allowable idling to 10 minutes for trucks and heavy equipment. 3-11 Encourage car-pooling for construction workers. F:\USERLlST\Cityclerk\Exlubits\Exhibit#2 to Reso 2001-087 EIR Lewis Project.doc 6 Vivi^-i-mftv BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[Hmí 24-Acre Commercial Shopping Center Project FEIR—Findings and Statement of Overriding Considerations 3-12 Limit lane closures to peak travel periods. 3-13 Park construction vehicles off of traveled roadways. NOISE Significant Impact Demolition and construction activities may temporarily exceed the City of Baldwin Park's Noise Ordinance standards. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following mitigation measure as identified in the Final Project EIR and incorporated into the project: Mitigation Measure 4-1 Demolition and construction activities shall be limit the hours of operation to 7 AM to 7 PM, Monday through Saturday. Significant Impact It is possible that the retail operations may conflict with adjacent residential development during nocturnal activities. Nocturnal traffic along the northern perimeter could be audible at the nearest residences along Big Dalton Avenue. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following mitigation measures as identified in the Final Project EIR and incorporated into the project: Mitigation Measures 4-2 Site design shall include the construction of a noise propagation barrier or combination of barriers, including but not limited to walls, berms, or loading docks, which would reduce F:\USERUST\Cityclerk\Exhibits\Exhibit#2 to Reso 2001-087 EIR Lewis Project.doc 7 Vivi/^Ttnnc' BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[Hmí24-Acre Commercial Shopping Center Project FEIR—Findings and Statement of Overriding Considerations noise impacts to a level that is does not exceed the City of Baldwin Park's Noise Ordinance Standards. 4-3 No trash-pick ups shall occur during the nigh time hours or on Sundays. The following mitigation measures shall apply to the hours of 10 PM to 10 AM. 4-4 No truck deliveries shall access the project site via Big Dalton Avenue. 4-5 Parking lot sweeping shall not be conducted with the use of vacuum trucks. GEOLOGY AND SOILS Significant Impact Without proper controls, clearing and grading of the site will expose underlying soils to erosion and potential siltation ofoffsite drainage channels. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following mitigation measure as identified in the Final Project EIR and incorporated into the project; Mitigation Measure 5-1 All site preparation and earthwork operation should be performed in accordance with applicable codes. All references to maximum dry density are established with ASTM Standard Test Method D-1557-91. Siaiificant Impact The soils on the project site are expected to have no expansion or low expansion potential. However efforts should be made to minimize moisture content variations in the underlying soil. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. F:\USERLIST\Cityclerk\Exhibits\Exhibit#2 to Reso 2001-087 EIR Lewis Project.doc 8 Fivi/^ivirrv BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 087 CC RESO¹òw @˜‹ 2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[Hmí Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following mitigation measure as identified in the Final Project EIR and incorporated into the project: 5-5 Construction and grading activities should be conducted in accordance with the recommendations made in the Preliminary Geotechnical Engineering Investigation see Appendix C). The following issues detailed in the Preliminary Investigation report shall be considered during construction activities. Site Preparation Excavation Engineered Fill Temporary Trench Excavations Pipe Bedding and Trench Backfill Shallow Foundations Slabs-on-Grade WATER AND HYDROLOGY Significant Impact The increase of urban uses at the project site and the increase of impermeable surface will result in an increase in urban pollutants in surface and stormwater runoff. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following mitigation measures as identified in the Final Project EIR and incorporated into the project: Mitigation Measure 6-1 All development shall comply with the National Pollution Discharge Elimination System NPDES) regulations. Prior to the issuance of a grading permit, applicants shall demonstrate compliance with NPDES Stormwater Permit requirements to the satisfaction of the City of F:\USERLIST\Cityclerk\Exhibits\Extubit#2 to Reso 2001 087 EIR Lewis Project.doc 10 J7ivT/^tVfTf BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[Hmí24-Acre Commercial Shopping Center Project FEIR—Findings and Statement of Overriding Considerations Baldwin Park. Applicable Best Management Practice BMPs) provisions shall be incorporated into the NPDES Permit. 6-2 Individual projects within the 24-acre Commercial Shopping Center facility shall be reviewed by the City of Baldwin Park's Public Works Department for the inclusion of appropriate structural and non-structural BMPs to control stormwater discharges and protect water quality. Structural controls may include but are not limited to filtration, common area efficient irrigation, common area runoff-minimizing landscape design, velocity dissipation devices, oil/grease separators, inlet trash racks, and catch basin stenciling. Non-structural BMPs can include education for property owners, tenants, and occupants, common area landscape management. Utter control, catch basin inspection, BMP maintenance, and street sweeping. RISK OF UPSET AND HUMAN HEALTH Significant Impact Six known or suspect hazardous materials and/or waste contamination on the project site were identified on federal lists. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following mitigation measure as identified in the Final Project EIR and incorporated into the project: Mitigation Measure 8-1 In the event that hazardous materials are discovered during site preparation or construction the property owner/developer shall ensure that the identified hazardous waste and/or material is handled and disposed of in a manner specified by the State of California Hazardous Substances Control Law Health and Safety Code, Division 20, Chapter 6.5) and according to the requirements of the California Administrative Code, Title 30, Chapter 22. Significant Impact It is possible that older buildings on the project site may contain asbestos. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. F:\L'SERUST\Citycleric\Exhibits\Exhibit#2 to Reso 2001-087 EIR Lewis Project.doc 11 f7iv^^livffvv BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[Hmí24-Acre Commercial Shopping Center Project FEIR—Findings and Statement of Overriding Considerations Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following mitigation measure as identified in the Final Project EIR and incorporated into the project: Mitigation Measure 8-2 Prior to the demolition of the existing older structures on the project site suspected of having asbestos containing materials, an asbestos survey, and sampling, as necessary should be conducted. Following such surveys, appropriate mitigation measures for the disposition of any asbestos containing materials shall be implemented. Significant Impact Implementation of the proposed project may result in an increase in the use and storage of hazardous materials and uses as commercial uses expand into the area. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following mitigation measure as identified in the Final Project EIR and incorporated into the project: Mitigation Measure 8-3 The 24-acre Commercial Shopping Center facility will be implemented in concert with all applicable laws and regulations guiding the use, storage and disposal of hazardous substances. Ongoing during operation and maintenance of all onsite facilities, all hazardous materials shall be handled and disposed of in a manner that is in accordance with the state codes identified in Mitigation Measure 8-1, above. PUBLIC SERVICES AND UTILITIES Fire Services Significant Impact Implementation of the proposed project would result in the demolition of existing onsite structures and the construction of 254,831 square feet of commercial development and generate project related traffic throughout the project area. Additionally, implementation of the proposed project will also result in the demolition of many substandard structures and the improvement of the local circulation system, which would improve access to site. However, according to the Los Angeles County Fire F:\USERUST\CityeleA\Exhibits\Exhibit#2 to Reso 2001-087 EIR Lewis Projecfcdoc 12 J7i M//T vi rr p BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[Hmí24-Acre Commercial Shopping Center Project FEIR—Findings and Statement of Overriding Considerations Department, additional manpower, equipment, and facilities will be needed to serve the proposed project. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following mitigation measures as identified in the Final Project EIR and incorporated into the project: Mitigation Measures 9-1 The proposed project shall comply with all applicable code and ordinance requirements for the construction, access, water mains, fire flows, and hydrants and site plans will require the review and approval of the Fire Department prior top the issuance of demolition, grading,. and/or building permits. 9-2 Every building constructed shall be accessible to Fire Department apparatus by the way of access roadways with an all weather surface of not less than a prescribed width, unobstructed, clear-to-sky. The roadway shall be extended to within 150 feet of al portions of exterior walls when measured by an unobstructed route and/or exterior of the building. 9-3 When a bridge is required to be used as a part of the fire access road, it shall be constructed and maintained in accordance with nationally recognized standards and designed for a live load sufficient to carry a minimum of 75,000 pounds. 9-4 The maximum allowable grade shall not exceed 15% except where the topography is impractical to keep within such grade and than an absolute maximum of 20% will be allowed for up to 150 feet in distance. The average maximum allowable grade, including topography difficulties shall be no more than 17%. Grade breaks shall not exceed 10% in 10 feet. 9-5 Fire flows may require up to 5,000 gallons per minute gpm) at 20 pounds per square inch residual pressure. Final fire flows will be based upon the size of the buildings, their relationship to other structures, property lines, and type of construction used. Fire flow requirements will be determined by the Fire Department after the review and approval of site plans and prior to the issuance of a building permit. 9-6 Fire hydrant spacing shall be 300 feet and meet the following requirements: No portion of lot frontage shall be more than 200 feet via vehicular access from a public fire hydrant. No portion of a building shall exceed 400 feet via vehicular access from a properly spaced public fire hydrant. F:\USERLIST\Cityclerk'£xhibits\E.xhibit'¥2 to Reso 2001-087 EIR Lewis ProjecLdoc 13 Vivs/iiwrvv BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[Hmí24-Acre Commercial Shopping Center Project FEIR—Findings and Statement of Overriding Considerations The fire Department will review and approve site plans prior to the issuance of grading permits for compliance with this mitigation measure. 9-7 Turning radii shall not be less the 42 feet. This measurement shall be determined at the centerline of the road. A fire department approved turning area shall be provided for any driveway exceeding 150 feet and at the end of all cul de sacs. The Fire Department will review and approve circulation plans for compliance with this mitigation measure prior to the issuance of grading permits. 9-8 All onsite driveways shall provide a minimum unobstructed width of 26 feet clear-to-sky. The onsite driveway is to be within 150 feet of all portions of the exterior walls of the first story of any building. Driveway width for commercial and industrial developments shall be increased when any of the following conditions exist: Provide 28 feet in width, when a building has three or more stories, or is more than 35 feet in height, above access level. For using truck ladders, the centerline of the access roadway shall be located parallel to, and within 30 feet of the exterior wall on one side of the proposed structure. Provide 34 feet in width, when parallel parking is allowed on one side of a the access roadway/driveway. Provide 42 feet in width when parallel parking is allowed on each side of the access roadway/driveway. All Fire Lanes" will be depicted on the final map and will be designated with the appropriate signage. Fire Lanes" are any ingress/egress roadway/driveway with paving less than 34 feet in width, and that are clear-to-sky. The Fire Department will review and approve circulation plans for compliance with this mitigation measure prior to the issuance of grading permits. 9-9 All limited access devices shall be approved by the Fire Department prior to the issuance of a grading permit. 9-10 All traffic calming measures speed humps/bumps, traffic circles, roundabouts, etc.) shall be submitted to the Fire Department for review prior to implementation. Police Services Significant Impact Implementation of the 24-acre Commercial Center would increase the number of visitors and employees within the project site and the surrounding area, thereby generating an increase in the level of service calls from the project site. These calls are anticipated to result from an increase in traffic on adjacent streets and arterials and an increase in thefts, vehicle burglaries, damage to vehicles, and traffic related incidents. F:\USERLIST\Cityclerk.\Exhibits\Exhibit#2 to Reso 2001-087 EIR Lewis Project-doe 14 Viw^ivifvv BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[Hmí24-Acre Commercial Shopping Center Project FEIR—Findings and Statement of Overriding Considerations Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the. incorporation of the following mitigation measures as identified in the Final Project EIR and incorporated into the project: Mitigation Measures 9-11 Prior to the approval of the final site plan and the issuance of building permits, the property owner/developer shall submit plans to the Police Department for review and approval for the purpose of incorporating safety measures in the project design, including the concept of crime prevention through environmental design i.e. building design, circulation, site planning, and lighting of parking structure and parking areas). 9-12 Prior to the issuance of a building permit the property owner/developer shall submit design plans that shall include parking lots with controlled access points to limit ingress and egress if determined necessary by the Police Department, and shall be subject to the review and approval of the Police Department. Solid Waste Disposal Service Significant Impact The proposed project would generate 163 tons per year, or approximately 893 pounds per day of solid waste. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following mitigation measures as identified in the Final Project EIR and incorporated into the project: Mitigation Measures 9-13 Prior to the issuance of demolition and grading permits, contractor specification shall include specifications that construction and demolition activities will incorporate deconstruction and diversion planning to the maximum extent feasible, rather than demolition. F:\L'SERLIST\Citvcleik\Exhibits\Exhibit*2 to Reso 2001 087 EIR Lewis Proiect.doc 15 BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[Hmí24-Acre Commercial Shopping Center Project FEIR—Findings and Statement of Overriding Considerations 9-14 Prior to the issuance of demolition and grading permits, the applicant shall demonstrate that recycling bins for glass, metals, paper, wood, plastic, green waste, and cardboard have been place on the construction site for use by the construction workers. 9-15 Prior to the issuance of occupancy permits, the project applicant shall demonstrate that during operations of the proposed project, the following practices shall be implemented as feasible by the property owner/developer: Recovery of materials such as aluminum and cardboard. Collection of office paper for recycling. Collection ofpoystrene foam) cups for recycling. Collection of glass, plastics, kitchen grease, laser print tonage cartridges, oil, batteries, and scrap metal for recycling or recovery. 9-16 Prior to the issuance of building permits, project plans shall specify that recycling be included in the design of the project by reserving space appropriate for the support of recycling, such as adequate storage areas and access for recycling vehicles. At a minimum the recycling of glass bottles, aluminum, bimetal cans, and P. E. T. bottles should be encouraged. 9-17 Prior to the issuance of building permits, the construction contractor will be required to provide certified weightmaster tickets for all materials removed from the site as well as a log of all activities documenting materials removed from the site. The log shall record truck size, load size, load type, destination, and weightmaster tickets. Wastewater Significant Impact The proposed project may result in disturbance of existing wastewater distribution systems during construction activities. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following mitigation measures as identified in the Final Project EIR and incorporated into the project: Mitigation Measures 9-18 Prior to the issuance of grading permits, the applicant must receive approval from the County of Los Angeles Sanitation District to construct improvements within the District's easement and/or over a District sewer line. F:\USERUST\Citycleik\Exhibits\Exhibit#2 to Reso 2001-087 EIR Lewis Project.doc 16 irivfyTlvsrrp BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[Hmí24-Acre Commercial Shopping Center Project FEIR—Findings and Statement of Overriding Considerations 9-19 Prior to the issuance of demolition and grading permits, the applicant shall contact Dig Alert in order to precisely locate all underground utilities and avoid any impacts resulting from construction activities. 9-20 Prior to approving a permit to connect to the Los Angeles County Sanitation District's sewer system, the property owner/developer shall demonstrate that payment of the required connection fee has been made to construct the incremental expansion of the sewage system required to accommodate the proposed project. Water Supply Significant Impact Site preparation, demolition, or construction activities may result in temporary disruption of water service if grading or subterranean activities may require the relocation of existing facilities. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following mitigation measure as identified in the Final Project EIR and incorporated into the project: Mitigation Measure 9-21 In the event that construction or site preparation activities require the interruption of water supply or distribution, the Valley County Water District shall be notified prior to any such planned disturbance. Energy Resources Significant Impact Site construction and operational activities will result in the relocation various overhead electrical utility poles throughout the project site. Currently there are overhead electrical utility poles located along Garvey Avenue, which is proposed for abandonment. Relocation of electrical facilities may temporarily disrupt electrical service to customers in the area during the short-term construction phase. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment F:\L'SERLIST\Cityclerk\Exhibits\Exhibit3'2 to Reso 2001-087 EIR Lewis ProjecLdoc 17 Vivi^ivfrvv BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[Hmí24-Acre Commercial Shopping Center Project FEIR—Findings and Statement of Overriding Considerations Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following mitigation measures as identified in the Final Project EIR and incorporated into the project: Mitigation Measures 9-22 Prior to the issuance of a building permit the applicant shall submit plans showing that the project is in compliance with the State Energy Efficiency Standard for Nonresidential Buildings Title 24, Part 6, Article 2, California Code of Regulations). 9-23 Prior to the issuance of a building permit the applicant shall implement energy sav-ing practices in compliance with Title 10 of the California Code of Regulations. 9-24 Prior to the issuance of grading permits, the applicant must demonstrate approval from Southern California Edison to construct improvements within SCE's easements and/or relocated electrical facilities. 9-25 If requested by the developer, underground facilities within the project site will require advances under the provisions regulating electrical service distribution and set forth in Rules 15.1, 15.2, and/or 16 of the California Public Utilities Commission. AESTHETICS Significant Impact With project construction views of the project site from surrounding streets and from remaining residences along Big Dalton Avenue and Merced Avenue will be substantially altered. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following project design feature and mitigation measure as identified in the Final Project EIR and incorporated into the project: Project Design Feature To the extent feasible, berms and/or new landscaping will be utilized at the project perimeter to soften the visual impacts of the 24-acre Commercial Shopping Center facility. This will include Big Dalton Avenue and Merced Avenue. F:\USERLIST\Cityclerk\Exhibits\Exhibit#2 to Reso 2001-087 EIR Lewis ProjeeLdoc 18 17ivi/^iv9rtv BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[Hmí24-Acre Commercial Shopping Center Project FEIR—Findings and Statement of0\'erriding Considerations Mitigation Measure During the required site plan review of the proposed development, the City shall ensure that site improvements, including lighting and possible glare producing exteriors do not adversely affect adjacent land uses. The use of reflective glass or other reflective materials shall be minimized to the extent feasible, including the conservation of energy. Significant Impact With development of the 24-acre Commercial Shopping Center project, significant new lighting sources will be introduced to the site. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following mitigation measures as identified in the Final Project EIR and incorporated into the project: Mitigation Measures 10-1 During the required site plan review of the proposed development, the City shall ensure that site improvements, including lighting and possible glare producing exteriors do not adversely affect adjacent land uses. The use of reflective glass or other reflective materials shall be minimized to the extent feasible, including the conservation of energy. 10-2 In conjunction with detailed site plans, landscape and lighting plan submittals, the applicant shall identify a setback and buffer treatment for the project frontages along Big Dalton Avenue and Merced Avenue. Buffer areas shall include some combination of berms, walls, and landscaping, including street trees to soften the visual appearance of the facility and further screen or reduce potentially intrusive lighting sources. The buffer treatment shall be reviewed and approved by the Design Review Committee and the Planning Division, the Building Division shall monitor compliance. 10-3 Site lighting after hours of operation should be limited to the levels necessary for site security and identification. Compliance shall be demonstrated through project lighting plan submittals. Significant Impact Signage will be introduced into the project area in the form of a single free standing pylon sign of undetermined height and additional monumental signs along the site perimeter, entrances, or comer projections, and identification signage on the building facades. F:\USERUST\Citycleric\Exhibits\Exhibit*2 to Reso 2001-087 EIR Lewis Project-doc 19 Vi vi^f-i virrv BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[HmíFinding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following mitigation measures as identified in the Final Project EIR and incorporated into the project: Mitigation Measure Signage plans shall be reviewed for quality of design and aesthetic appearance. The Planning Division shall specify requirements during plan/design review and the Building Division shall monitor compliance. SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS The potential significant adverse impacts associated with the implementation of the 24-Acre Commercial Shopping Center project are listed below. The Baldwin Park City Council finds that these potential significant adverse impacts would be reduced with the implementation of the project- related design features and recommended mitigation measures; however, the impacts cannot be reduced to a level less than significant. The Baldwin Park City Council is adopting a Statement of Overriding Consideration per Section 15093 of the CEQA Guidelines. AIR QUALITY Significant Impact ROG and NOx levels are projected to exceed the SCAQMD significance thresholds by 35 percent and 66 percent, respectively. Finding Such changes or alteration are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such agency or can and should be adopted by such agency. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final Program EIR. Facts in Support of Finding Implementation of the following project design features will serve to lessen project impacts; however, the impacts would remain significant. Levels of ROG and NOx are anticipated to exceed the F:\USERUST\Cityclerk\Exhibits\Extubitfr2 to Reso 2001-087 EIR Lewis Project.doc 20 f^ivi/^ivifrv BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[Hmí24-Acre Commercial Shopping Center Project FEIR—Findings and Statement of Overriding Considerations SCAQMD thresholds with or without the proposed project, therefore, the No Project Alternative and the Less Intense Density Alternative would not result in avoiding the significant unavoidable air quality impact and moreover, neither alternative would result in obtaining the objectives of the proposed project. Project Design Features The project applicant shall ensure that the site design accommodates a desirable pedestrian environment. Bicycle parking racks with reasonable security shall be provided onsite. Comfortable transit access shall either be provided onsite or at a nearby location. Employee trip reduction programs shall be implemented through preferred work schedules for car-poolers or subsidized bus passes for transit users. The overriding social, economic, and other considerations set forth in the Statement of Overriding Considerations provide additional facts in support of these findings. Any remaining, unavoidable significant effect after available mitigation is implemented is acceptable when balanced against the facts set forth therein. AESTHETICS Significant Impact Demolition of onsite structures and grading of the project site would result in the loss of mature trees and landscaping onsite. Finding Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final Program EIR. Facts in Support of Finding There is no feasible project specific mitigation to reduce this impact to a less than significant level. The No Development Alternative would completely avoid the significant and unavoidable adverse aesthetic impact, but would not meet any of the project objectives. The Less Intense Density Alternative would also result in the demolition of existing structures and the loss of mature trees and landscaping onsite, while not fully obtaining the objectives of the proposed project. The overriding social, economic, and other considerations set forth in the Statement of Overriding Considerations and the Findings Regarding Project Alternatives provide additional facts in support of these findings. Any remaining, unavoidable significant effect after available mitigation is implemented is acceptable when balanced against the facts set forth therein. F:\USERLIST\Cityclerk.\Exlubfts\Exhibit#2 to Re&o 2001-087 EIR Lewis Project.doc 21 J7v vt/^i it n v BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[Hmí24-Acre Commercial Shopping Center Project FEIR—Findings and Statement of Overriding Considerations FINDINGS REGARDING PROJECT ALTERNATIVES No Project Alternative The No Project Alternative assumes that the site will remain in its present state with the existing residential and commercial uses onsite. The site would be retained in its current state developed with 10 residential units, 2 motels, 1 farm, 4 commercial facilities, and 1 vacant lot. The 44 separate parcels that constitute the project site will remain separate and presently, no further discretionary actions will be required. 1. The No Project Alternative" would reduce some of the project specific impacts, but would not address the objectives of the proposed project as described in Section 3.3 of the Final Project EIR- 2. The No Project Alternative" would not serve to meet the objectives of the Sierra Vista Redevelopment Plan, as outlined in Section 3.3 of the Final Project EIR. 3. The No Project Alternative" would not serve to eliminate the conditions of blight, as specified in the California Health and Safety Code, which characterize the project site. 4. The Findings of the Proposed Project set forth in this document and the overriding social, economic and other issues set forth in the Statement of Overriding Considerations provide support for the Proposed Project and the elimination of this alternative from further consideration. Less Intense Density Alternative This alternative would result in the development of 134,000 square feet within the 24-acre project site. This alternative is similar to the proposed project with the exception that the major tenant component would be reduced by approximately 73,000 square feet. While a specific design plan for this alternative does not exist, the site access and ancillary commercial, restaurant, and gas station facilities would remain unchanged. 1. The Less Intense Density Alternative" may reduce some of the project specific impacts but would not result in reducing the significant unavoidable air quality or aesthetic impacts and would not fully achieve the objectives of the proposed project as identified in Section 3.3 of the Final Project EIR. 2. The Less Intense Density Alternative" would not result in fully achieving the objectives of the Sierra Vista Redevelopment Plan objectives as outlined in Section 3.3 of this EIR. 3. Implementation of this alternative would not preclude the development of the 24-acre site. 4. Due to the reduced density proposed in this alternative, employment opportunities would be incrementally reduced in relation to reduction in square footage. F:\USERLlST\Cityclerk\Exhibits\Exhibit#2 to Reso 2001-087 EIR Lewis Project.doc 22 T7ivf/-l-ivffrv BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[Hmí24-Acre Commercial Shopping Center Project FE1R—Findings and Statement of Overriding Considerations 5. The Findings of the Proposed Project set forth in this document and the overriding social, economic and other issues set forth in the Statement of Overriding Considerations provide support for the Proposed Project and the elimination of this alternative from farther consideration. STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act CEQA) requires the lead agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The City of Baldwin Park proposes to approve the 24-Acre Commercial Shopping Center facility project although unavoidable adverse air quality and aesthetic impacts have been identified in the Final Project EIR. Even though these adverse impacts are not reduced to a level considered less than significant, the Baldwin Park City Council finds that those impacts are outweighed by the benefits of the 24-Acre Commercial Shopping Center project. Further, the alternatives, which were identified in the EIR would not provide the project benefits, as summarized below, to the same extent as the proposed project: 1. The proposed project will result in the assembling of 44 individual parcels into one singular parcel, which is to be developed with a total of 257,831 square feet of commercial land uses, as well as associated infrastructure in an area that is distinguished by characteristics of blight as specified in the California Health and Safety Code. Project implementation will assist in eliminating blight from the project area by: Expanding the local tax base by replacing the existing 24,072 square feet of existing onsite commercial uses with a total of 257,831 square feet of commercial land uses. The incorporation of street and streetscape improvements into the project design, including new lighting, landscaping, and sidewalk improvements. Extending public utilities and infrastructure to the project site in a logical and congruent manner. Eliminating non-conforming land uses by resulting in a development that is in conformance with the project site's existing City of Baldwin Park General Plan Land Use designation. Freeway Commercial. Replacing existing vacant and substandard structures with structures that adhere to all of the most recent building codes as outlined in the City of Baldwin Park Development Code and the Uniform Building Code, as well as other applicable codes and regulations. The acquisition of real property by the City of Baldwin Park Redevelopment Agency, in such that land may be redeveloped in accordance with the overall Redevelopment Plan by private enterprise in conjunction with public agencies. 2. The provision of local employment opportunities, including job training for persons displaced as a result of project implementation. F:\USERLIST\Cityclerk\Exhibits\Exhibit#2 to Reso 2001 087 EIR Lewis Project.doc 23 V^ivi^iwrrv BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 087 CC RESO¹òw @˜‹ 2001 RESO 2001-087˜"[Hmí24-Acre Commercial Shopping Center Project FE1R—Findings and Statement of Overriding Considerations 3. Providing the opportunity for site remediation by disposing of onsite asbestos containing materials in a safe and efficient manner. F:\USERLIST\Cityclerk\Exhibits\Exhibit#2 to Reso 2001-087 EIR Lewis Projectdoc 24 Vivt/jivicfc' BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 RESO 2001-087˜"[Hmí 24-Acre Commercial Shopping Center Project FEJR—Findings and Statement of Overriding Considerations Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following mitigation measures as identified in the Final Project EIR and incorporated into the project: Mitigation Measures 5-2 It is recommended that all borings are done within the building footprints and parking areas once demolition of existing structures is completed. The borings should be used to confirm or modify recommendations presented in the Preliminary Geotechnical Engineering Investigation Appendix C) 5-3 Geotechnical observation and testing during site grading and construction by the project geotechnical engineer is recommended to verify assumptions made during the design process, and allow design changes in the event that subsurface conditions or methods of construction differ from those assumed in the Preliminary Geotechnical Engineering Investigation. Significant Impact Based on the depth to groundwater at the site below 100 feet) and the blow counts of the sand deposits, the potential for liquefaction is low. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the incorporation of the following mitigation measure as identified in the Final Project EIR and incorporated into the project: Mitigation Measure 5-4 A general review of the project plans and specifications should be conducted before they are finalized to verify that the geotechnical recommendations have been properly interpreted and implemented during the design. If future planned slopes for the project site exceed 10 feet, additional investigation and analyses shall be performed to assess the stability and provide stabilizing measures, if necessary. If retaining walls become part of this project in the future, their locations and heights should be provided for technical review and provision of recommendation for design. Significant Impact There is the potential for moderate to severe seismic shaking that is likely to occur during the design life of the proposed project. F:\USERLIST\Cityclerk\Exhibits\Exhibit#2 to Reso 2001-087 EIR Lewis Project-doc 9 Uivsrfiw rfv BIB] 37209-U01 2001-U02 RESO-U02 2001-087-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 087-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8477-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04