ORDINANCE NO

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1 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PUENTE AMENDING TABLE 2-5 (CM ZONE-ALLOWED USES AND PERMIT REQUIREMENTS) OF SECTION (LAND USE REGULATIONS) OF CHAPTER (COMMERCIAL- MANUFACTURING ZONE) OF TITLE 10 (ZONING) OF THE LA PUENTE MUNICIPAL CODE TO ALLOW COMMERCIAL RECREATION AND ENTERTAINMENT USES IN THE COMMERCIAL MANUFACTURING ZONE SUBJECT TO THE APPROVAL OF A CONDITIONAL USE PERMIT FOR ALL SUCH USES, AND ADOPT INITIAL STUDY/NEGATIVE DECLARATION REGARDING SAME WHEREAS, on August 27, 2015, Bridgetown Investments ( Applicant ) filed a complete application requesting the approval of Municipal Code Amendment ( MCA ). 139 to amend Table 2-5 (CM Zone-Allowed Uses and Permit Requirements) of Section (Land Use Regulations) of Chapter (Commercial-Manufacturing Zone) of Title 10 (Zoning) of the La Puente Municipal Code to allow commercial recreation and entertainment uses within the Commercial-Manufacturing zone ( CM Zone ), and adding a Conditional Use Permit (CUP) requirement for said use; and WHEREAS, in accordance with the provisions of the California Environmental Quality Act ( CEQA ), (Cal. Pub. Resources Code et seq.), an initial study was performed, the result of which was the preparation and circulation of a negative declaration ( IS/ND ) analyzing the proposed Zoning Code amendment ( Project ) and concluding that the approval of the Project does not have a significant effect on the environment, because the impacts of the Project fall to levels below established CEQA thresholds of significance; and WHEREAS, the IS/ND was circulated for a 20-day public review period, beginning on October 30, 2015 and ending on vember 19, 2015, during which time members of the public were invited to comment on the environmental analysis and conclusions for the proposed Project; and WHEREAS, on vember 16, 2015, comments were received from the County of Los Angeles Fire Department regarding the IS/ND and are incorporated into the IS/ND document; and WHEREAS, notice of the Planning Commission s vember 19, 2015 public hearing on the proposed MCA. 139 and the IS/ND was published in The San Gabriel Valley Tribune on vember 9, 2015, in compliance with the CEQA Guidelines, the City s Code, and Government Code Section 65091; and WHEREAS, on vember 19, 2015, the Planning Commission of the conducted a duly noticed public hearing on the proposed MCA. 139, and the IS/ND, and considered all testimony written and oral; and ORDINANCE NO PAGE 1 OF 4 JANUARY 12, 2016 ATTACHMENT B

2 WHEREAS, based upon substantial evidence presented to the Planning Commission during the public hearing on vember 19, 2015, including written comments, public testimony, and oral staff reports, the Planning Commission adopted Resolution recommending that the City Council amend Table 2-5 (Commercial-Manufacturing Zone) of Title 10 (Zoning) of the La Puente Municipal Code to allow commercial recreation and entertainment uses in the Commercial Manufacturing Zone subject to the approval of a conditional use permit for all such uses and adopt IS/ND with comments incorporated regarding same; and WHEREAS, notice of the City Council s December 8, 2015 public hearing on the proposed Municipal Code Amendment and the IS/ND was published in the San Gabriel Valley Tribune on vember 27, 2015, in compliance with the City s Code, and Government Code Section 65091; and WHEREAS, on December 8, 2015, the City Council of the conducted a duly noticed public hearing on the proposed Municipal Code Amendment, and considered all testimony written and oral; and WHEREAS, the City Council reviewed and carefully considered the information in the IS/ND, including all comment letters submitted, and makes the findings set forth herein, and adopts the IS/ND with comments incorporated, as an objective document that reflects the independent judgment and analysis of the City in the discussion of the project s environmental impacts; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PUENTE AS FOLLOWS: Section 1. Findings. The City Council finds that based upon substantial evidence presented to the City Council during the December 8, 2015 public hearing, including public testimony and oral staff reports, that all of the facts set forth in the Recitals, are true and correct, and are incorporated herein by reference. Section 2. Environmental Findings. a. The IS/ND for the Project including any comment letters received, are attached hereto as Exhibit 1 and Exhibit 2, and are incorporated by reference as part of this Resolution, as if each were set forth fully herein. b. The documents and other material constituting the record for these proceedings are located at the Development Services Department for the, E. Main Street, La Puente, California c. The proposed Project is consistent with the City s General Plan because the land use, densities and intensities, development standards and future proposed uses are compatible with the goals, policies and land use designations established in the General Plan, and ORDINANCE NO PAGE 2 OF 4 JANUARY 12, 2016

3 none of the land uses densities and intensities, development standards and future proposed uses will operate to conflict with or impede achievement of any of the goals, policies, or land use designations established in the General Plan. In particular, the Project is consistent with the City's General Plan Goal 4 in that it promotes new employment opportunities and tax revenue. It further supports policy 4.1 in that it facilitates the use of underutilized properties along Old Valley Boulevard. d. In accordance with CEQA, the City Council has considered the IS/ND for the Project, including any comments received, and based on the entirety of the record, as described above, the City Council, exercising its independent judgment and analysis makes the following findings regarding the environmental analysis of the project: i. For the reasons set forth in this Ordinance, the City Council finds that there is no substantial evidence in the record supporting a fair argument that approval of the project will result in a significant environmental effect. The result of the Initial Study resulted in the determination that a Negative Declaration was prepared for this project. The project is administrative in nature. It involves an amendment to the La Puente Municipal Code to allow commercial recreation and entertainment uses upon approval of a CUP in the CM zone. It does not involve any construction. The setting of the CM Zone within the is a fully-urbanized, developed area. impacts to the environment will result, nor will the project result in substantial adverse effect on human beings. ii. The City Council of the hereby makes the findings contained in this Ordinance, and adopts the IS/ND for the project. Section 3. La Puente Municipal Code Amendment. Table 2-5 (CM Zone-Allowed Uses and Permit Requirements) of Section (Land Use Regulations) of Chapter (Commercial-Manufacturing Zone) of Title 10 (Zoning) of the La Puente Municipal Code is hereby amended to add commercial recreation and entertainment as a use in the Commercial Manufacturing Zone subject to the approval of a Conditional Use Permit for all such uses. Section 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. ORDINANCE NO PAGE 3 OF 4 JANUARY 12, 2016

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6 Environmental Initial Study 1. Project Title: Municipal Code Amendment ( MCA ) Lead Agency Name/Address: Planning Division E. Main Street La Puente, CA Contact Person/Phone Number: Reina Schaetzl, Assistant Planner / (626) Project Location: Commercial-Manufacturing ( CM ) Zone La Puente, CA Project Sponsor's Name/Address: Bridgetown Investments E. Railroad Street Industry, CA General Plan Designation: Business Employment 7. Zoning: Commercial-Manufacturing Zone 8. Description of the Project: The Project Applicant, Bridgetown Investments, has submitted an application for Municipal Code Amendment (MCA). 139 to amend Title 10 (Zoning) of the La Puente Municipal Code (LPMC) and more particularly, Table 2-5 (CM Zone-Allowed Uses and Permit Requirements) of Section (Land Use Regulations) of Chapter (Commercial-Manufacturing Zone), to allow commercial recreation and entertainment uses within the City s CM Zone (the proposed project ). The use is currently not listed as permitted in the CM Zone. Approval of MCA. 139 does not permit the immediate construction or operation of commercial recreation and entertainment establishments. If the Amendment is approved, upon submittal of a Conditional Use Permit ( CUP ) application, the City would consider such applications for the construction, maintenance and operation of commercial recreation and entertainment facilities within the CM Zone of the City. Per the provisions of the proposed project, commercial recreation and entertainment facilities would be subject to approval of a CUP. Background on Commercial Recreation and Entertainment Commercial Recreation and Entertainment is defined in Title 10 of the City s Zoning Code as an establishment providing participant or spectator recreation or entertainment, either indoors or outdoors, for a fee, admission charge, or other remuneration. Illustrative examples of these uses include, but are not limited to: EXHIBIT 1

7 arcades or electronic games centers having 10 or more coin-operated game machines amusement parks bowling alleys billiard parlors cinemas golf courses hookah lounge (See Bars, Lounges, and Nightclubs ) ice/roller skating rinks miniature golf course pool rooms scale-model courses sports stadiums and arenas tennis/racquetball courts theaters Commercial Recreation and Entertainment uses are currently allowed in the General Commercial (C2) Zone, provided a CUP is approved by the City. The applicant proposes to extend this use to the CM Zone, also with a CUP requirement. Proposed Commercial Recreation and Entertainment Ordinance The proposed MCA adds the Commercial Recreation and Entertainment use within the CM Zone, specifically to Section of the La Puente Municipal Code, and requires a CUP as the permit requirement. The City s CM zone implements the Business/Employment General Plan land use category, and is established to provide areas in the City for industrial enterprises and limited high-intensity commercial businesses that due to noise, hours of operations, truck traffic or similar operating characteristics, are not appropriate in traditional retail and service-oriented commercial zones. The use regulations for this zone are intended to encourage and support manufacturing-type jobs, but also to minimize adverse impacts and protect adjacent uses. The amendment would add a new use in the CM Zone which would allow additional businesses within the City that help achieve both fiscal and employment objectives. As stated in the Community Development Element of the General Plan, La Puente s Business/Employment corridor, located along Old Valley Boulevard and Valley Boulevard, has the potential to attract new businesses, create skilled jobs and revitalize the tax base. (La Puente General Plan, p. 32) The requirement of a CUP for all such new uses will contain provisions so as not to negatively impact surrounding properties by the potential future commercial recreation uses. 9. Surrounding Land Uses and Setting: The project area includes the entire CM zone of the City. The CM zone comprises approximately acres within the City. It is a generally urbanized area that is roughly bounded by Valley Boulevard to the north, railroad lines to the south, Stimson Avenue to the west, and Old Valley Boulevard to the east. The area consists of a mix of developed land uses, including restaurants such as Cortez Mexican Restaurant and A Mi Hacienda along Old Valley Boulevard, other indoor activity buildings such as the LA Puente Shooting Range on Valley Boulevard, and newer warehouse buildings that were built at the east end of Old Valley Boulevard. 10. Other public agencies whose approval is required: ne Page 2

8 Regional Map Page 3

9 Zoning Map of Commercial Manufacturing Zone General Vicinity of CM Zone Page 4

10 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below () would be potentially affected by this project, involving at least one " " as indicated by the checklist on the following pages. Aesthetics Greenhouse Gas Emissions Population/Housing Agriculture and Forestry Resources Hazards & Hazardous Materials Public Services Air Quality Hydrology/Water Quality Recreation Biological Resources Land Use/Planning Transportation/Traffic Cultural Resources Mineral Resources Utilities/Service Systems Geology/Soils ise DETERMINATION: (To be completed by the Lead Agency). Mandatory Findings of Significance On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potential significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Reina Schaetzl Assistant Planner Date Page 5

11 EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as one-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) is appropriate if there is substantial evidence that an effect is significant. If there are one or more entries when the determination is made, an EIR is required. 4) Unless Mitigated applies where the incorporation of mitigation measures has reduced an effect from to a. The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, Earlier Analyses, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Page 6

12 s 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Response (a-d). The proposed amendment will allow a commercial recreation and entertainment use, within the Commercial Manufacturing zone of the City, subject to the approval of a CUP. The addition of the new use does not have any substantial adverse effect on a scenic vista as any new use will require a CUP to ensure that the use is secured and located within an appropriate site, thereby not degrading the existing visual character or quality of the site and its surroundings. The zone is generally located along Old Valley Bouelvard and Valley Boulevard with are not state scenic highways. Any new use proposed within the zone would be conditioned, with a CUP, to provide adequate and properly shielded light from neighboring properties. Page 7

13 s 2. AGRICULTURE AND FOREST RESOURCES: Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to nonforest use e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to nonagricultural use or conversion of forest land to non-forest use? (a-e) The CM zone is located within a fully urbanized area, and does not impact any farmland. The zone currently is used for mixed commercial and light industrial uses and does not conflict with any existing or proposed agricultural zoning. The area is not bound by a Williamson Act contract. Page 8

14 s 3. AIR QUALITY: Would the project: a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? c) Alter air movement, moisture, or temperature, or cause any change in climate? d) Create objectionable odors? (a-d) The City is located within the South Coast Air Basin (Basin) under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). SCAQMD and the Southern California Association of Governments (SCAG) are responsible for formulating and implementing the Air Quality Management Plan (AQMP) for the Basin. The AQMP is a series of plans adopted for the purpose of reaching short- and long-term goals for those pollutants for which the Basin designated as a nonattainment area because it does not meet federal and/or state Ambient Air Quality Standards (AAQS). To determine consistency between a project and the AQMP, the project must comply with all applicable SCAQMD rules and regulations, comply with all proposed or adopted control measures, and be consistent with the growth forecast utilized in preparation of the Plan. A significant impact could occur if the proposed project conflicts with or obstructs implementation of the South Coast Air Basin 2012 AQMP. Conflicts and obstructions that hinder implementation of the AQMP can delay efforts to meet attainment deadlines for criteria pollutants and maintaining existing compliance with applicable air quality standards. Pursuant to the methodology provided in Chapter 12 of the 1993 SCAQMD CEQA Air Quality Handbook, consistency with the South Coast Air Basin 2012 AQMP is affirmed when a project: 1. Does not increase the frequency or severity of an air quality standards violation or cause a new violation and 2. Is consistent with the growth assumptions in the AQMP. Consistency is reviewed below. The project revises the City s Zoning Code to permit the use of commercial recreation and entertainment uses with a CUP within the CM Zone. Amending the Zoning Code to allow this use with a CUP will not directly result in air quality impacts, as the proposed amendment does not permit the immediate construction of such establishments. In general, these potential uses could result in parking or traffic impacts. Future site-specific analysis will be required prior to approval of a CUP for such establishments, including a parking analysis from a registered engineer, to quantify the estimated emissions from the use. Since the proposed amendment consists of the potential use of light industrial or commercial buildings with the CM Zone for commercial recreation and entertainment, it will not introduce uses that expose people to certain pollutants that may cause adverse reaction to sensitive receptors. Future operation of commercial recreation and entertainment uses within the zone will not result in short- or long-term pollutant emissions due to the requirements for each proposed use to comply with the AQMP as conditioned on a case-by-case basis under a CUP. Page 9

15 s 4. BIOLOGICAL RESOURCES. Would the project: a) Adversely impact, either directly or through habitat modifications, any endangered, rare, or threatened species, as listed in Title 14 of the California Code of Regulations (Sections or 670.5) or in Title 50, Code of Federal Regulations (Sections or 17.12)? b) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U. S. Wildlife Service? c) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U. S. Fish and Wildlife Service? d) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? e) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident migratory wildlife corridors, or impede the use of native wildlife nursery sites? f) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? g) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, other approved local, regional, or state habitat conservation plan? Page 10

16 s 4. BIOLOGICAL RESOURCES. Would the project: (a-g) The is completely urbanized and devoid of natural vegetation. endangered or threatened plants or animals are known to exist within the City. The CM zoning area to which the proposed amendment applies is not within the planning are of any Habitat Conservation Plan or Natural Community Conservation Plan area, or other approved local, regional or state habitat conservation plan. The proposed project is of an administrative nature and will not directly impact biological resources. impact will occur. However, the Department of Fish and Game is required to make a determination regarding effects on fish and/or wildlife. As such, the project applicant shall have to pay a CEQA filing fee when recording the tice of Determination. Page 11

17 s 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of an historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic resources? b) Cause a substantial adverse change in the significance of unique archaeological resources? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? (a-d) historic resources, archaeological resources, paleontological resources or unique geologic features have been identified within the CM zoned properties, which have been developed and are completely urbanized since the incorporation of the City in the mid-1950s. The area is not located in or near any former cemeteries. Therefore, no impact will occur. Page 12

18 s 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault? The amendment is of an administrative nature and does not involve any construction activity. As such, it does not expose people to fault ruptures since no surface faults have been identified or recorded within the City. ii) Strong seismic ground shaking? The amendment is of an administrative nature and does not involve any construction activity. As such it does not expose structures to potential strong seismic ground shaking. iii) Seismic-related ground failure, including liquefaction? Same as section (ii) above. iv) Landslides? The subject zoning area, CM, is relatively flat and absent of land saturation and therefore will not result in landslides or mudflows. b) Result in substantial soil erosion or the loss of topsoil? The amendment is of an administrative nature and does not involve any construction activity. Therefore no erosion or unstable soil conditions will result. c) Subsidence of the land? Same as section (ii) above. d) Be located on expansive soil? (D) The amendment is of an administrative nature and does not involve any construction activity. Therefore no expansive soils are affected. Any future use will be evaluated on a case-by-case, site-specific basis under a CUP and subject to all requirements of the City s Municipal Code for construction activity. Page 13

19 s 6. GEOLOGY AND SOILS. Would the project: e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? The amendment is of an administrative nature and does not involve any construction activity. Therefore no waste water system or sewer systems are affected. Any future use will be evaluated on a case-by-case, site-specific basis under a CUP and subject to all requirements of the City s Municipal Code for construction activity. Page 14

20 s 7. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? The CEQA Guidelines require a lead agency to make a good-faith effort based, to the extent possible, on scientific and factual data to describe, calculate or estimate the amount of GHG emissions resulting from a project. Climate change is the distinct change in measures of climate for a long period of time (United States Environmental Protection Agency). Climate change is the results of numerous, cumulative sources of greenhouse gas emissions all over the world. Natural changes in climate can be caused by indirect processes such as changes in the Earth s orbit around the sun or direct changes within the climate system itself (i.e. changes in ocean circulation). Human activities can affect the atmosphere through emissions of greenhouse gases (GHG) and changes to the planet s surface. Human activities that produce GHGs are the burning of fossil fuels (coal, oil and natural gas for heating and electricity, gasoline and diesel for transportation); methane from landfill wastes and raising livestock, deforestation activities; and some agricultural practices. The proposed amendment does not involve any construction activity. As a result, the project is not expected to generate greenhouse gas emissions that may have a significant impact on the environment and no mitigation measures are required. Further, the City has adopted the 2010 edition of the California Building Code (CBC), including the California Green Building Standards Code. The City adopted the 2014 edition of the CBC in January 2014, to which all new commercial recreation facilities must conform. The City also adopted an Energy Action Plan ( EAP ). The EAP includes a greenhouse gas baseline inventory and identifies a comprehensive set of electricity-related energy efficiency targets, goals, policies and actions to help La Puente become more energy efficient. The proposed amendment does not include any feature that interferes with implementation of these adopted codes and plans. Any new use would be required to utilize energy-efficient practices on a case-by-case basis and as conditioned under a CUP. There are no anticipated impacts. Page 15

21 8. HAZARDS AND HAZARDOUS MATERIALS. Would the project: s a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (a-c) The project is the adoption and implementation of an Amendment which is administrative in nature and does not involve construction activity. The project will permit new commercial recreation and entertainment establishments in the CM Zone, subject to the approval of a CUP by the City. The proposed amendment does not conflict with any hazardous materials regulations and will not exempt any future establishments from complying with the City s programs to control and safely dispose of hazardous materials and wastes or to reduce the volume of wastes requiring landfill disposal. Each establishment, as approved under a CUP will be required to follow applicable regulations regarding proper disposal and/or recycling, as appropriate. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section and, as a result, would it create a significant hazard to the public or the environment? The amendment is administrative in nature. There are no known hazardous materials sites within the CM Zone which would create a significant hazard to the public or the environment. Further any proposed establishment would be evaluated on a case-by-case basis under a CUP. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? The CM zoned land is not within or near an airport land use plan area. f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? The CM zoned land is not within the vicinity of a private airstrip. Page 16

22 8. HAZARDS AND HAZARDOUS MATERIALS. Would the project: s g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (g-h) The amendment is administrative in nature. construction activity is proposed. It will not substantially change existing conditions with regard to transportation routes or evacuation plans. The City participates in the Standardized Emergency Management System ( SEMS ), which provides a framework for coordinating multi-agency emergency responses in the case of emergencies and disaster. The City has also adopted a Natural Hazard Plan that identifies resources, information, and strategies for risk reduction and helps to guide and coordinate mitigation activities throughout the City. Adoption and implementation of the amendment will not interfere with La Puente s participating in the SEMS program or the Natural Hazard Plan. impact will occur. Finally, there are no wildland conditions in the urbanized area subject to the propose amendment. Page 17

23 s 9. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially degrade groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems? (a-e) The project involves amending the City s Zoning Code to allow potential operation of commercial recreation uses with a CUP in locations yet to be determined within the Commercial Manufacturing Zone. The project does not involve any construction. Operation of future commercial recreation establishments will be evaluated on a case-by-case basis for water usage and subject to a CUP. As required under the City s Zoning Code and Building Code, plant materials used for landscaping such future establishments must be drought-resistant and irrigated with an automatic drip irrigation system. Additionally, no streams or rivers in the project area (CM Zone) vicinity, and no changes to the drainage patterns are expected to result in flooding. According to the maps prepared by the Federal Emergency Management Agency (FEMA) the subject property is located in a Flood Zone C, which refers to an area with minimal flood potential. Compliance with the City s standard stormwater runoff provisions for new facilities, including construction activities will ensure that any new establishment does not violate any water quality standards or any waste discharge requirements during construction. Page 18

24 s 9. HYDROLOGY AND WATER QUALITY. Would the project: f) Place housing within a 100-year flood hazard area, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? g) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? (f-g) The project site is not located within a 100-year floodplain. h) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? levee or dam is located within the project area (CM Zone). i) Inundation by seiche, tsunami, or mudflow? The project area is too distant from an ocean or lake for tsunami or seiches to affect any properties. Page 19

25 s 10. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? The amendment does not involve any construction activity; it merely authorizes future commercial recreation and entertainment facilities to be located within the Commercial Manufacturing zone. Adoption of the amendment and future operation of such establishments will not involve any physical changes that have the potential to divide the established community. Any future use will be evaluated on a case-by-case, site-specific basis under a CUP and subject to all requirements of the City s Municipal Code as it relates to land use and planning. b) Conflict with any applicable land use plan, policy or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Per the proposed amendment, new commercial recreation and entertainment facilities would be subject to a CUP. The proposed project is consistent with the City s adopted General Plan Land Use Designation of Business Employment as it promotes economic development and employment opportunities. Further, these uses are already allowed with a CUP in the C2, General Commercial zone. Extending this allowance to another commercial zone, specifically the CM (Commercial-Manufacturing) Zone is consistent with the General Plan. impact will occur. c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? The project area is located within a fully urbanized area, and is not included in any habitat conservation plan or natural communities conservation plan. Page 20

26 s 11. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist 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-b) The project area is located in a completely urbanized area. known mineral resources exist within the City of La Puente. Therefore the project will not result in the loss of availability of an important mineral resource recovery site; no impact will occur. Page 21

27 s 12. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? The amendment does not involve any construction activity or authorize any particular commercial recreation facility. Any new establishment will require approval of a CUP which will regulate the use for noise, including limiting hours of operation, maintenance of property and limiting activities to only indoors. These operating activities associated with future establishments and as under the proposed amendment, will be subject to CEQA review based on site-specific conditions and subject to noise regulations contained in the Municipal Code. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? The project does not involve any construction activity or authorize any particular commercial recreation facility, as it adds a new use to the CM Zone. All new facilities are subject to a CUP and enforcement of the City s noise restrictions under the Municipal Code. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The project area is not located within two miles of an airport, or within an airport land use plan. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? The project area is not located in the vicinity of a private airstrip. Page 22

28 s 13. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (a-c) The project consists of amending the Zoning Code to allow for future potential commercial recreation establishments in the CM Zone which will be subject to a CUP. This is administrative in nature and does not involve any housing construction or construction on properties where housing is permitted today. Thus, the project will not displace any persons and will not necessitate the construction of replacement housing. impact will occur. Page 23

29 s 14. PUBLIC SERVICES. Would the project result in substantially adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? b) Police protection? c) Schools? d) Parks? e) Other public facilities? (a-e) The project involves amending the Zoning Code to allow for future commercial recreation and entertainment uses. This is administrative in nature and does not create a demand for new schools, parks, or other public facility services. Page 24

30 s 15. RECREATION. Would the project: a) Increase the use of existing neighborhood or regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (a-b) The project involves amending the Zoning Code to allow for future commercial recreation and entertainment uses subject to the approval of a CUP by the City. It is administrative in nature. Further, as the amendment allows for the addition of recreational facilities, it may result in alleviating an overuse or excessive and detrimental use of parks or recreational facilities in the City. This alleviation may be considered positive and as such no negative impact will occur. Page 25

31 s 16. TRANSPORTATION/TRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in area traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e. g. farm equipment)? e) Result in inadequate emergency access? f) Conflict with adopted policies, plans or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? (a-f) The project involves amending the Zoning Code to allow for future commercial recreation and entertainment uses upon approval of a CUP by the City. It is administrative in nature. Any new establishment will be required to submit a parking analysis to verify that the site chosen is adequate to support the commercial recreation use. Potential traffic analysis may be required as well. Given the analysis of each potential use on a case-by-case basis and under a CUP, any impact will be mitigated. As this project is only an administrative amendment to the Zoning Code, no impact is expected to any mode of transportation, congestion management program, traffic pattern, traffic design feature, emergency access or any adopted traffic safety policy. Page 26

32 s 17. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project s projected demand in addition to the provider s existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project s solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? h) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (a-e) The City s wastewater treatment is provided by Los Angeles County Sanitation District. 15. The project is administrative in nature and all future potential commercial recreation uses will be analyzed on a case-by-case basis under a CUP for compliance with wastewater treatment requirements. (f-h) The City s franchise waste collection service provider, Valley Vista, provides solid waste/refuse collection service to the project area (CM Zone). The project is administrative in nature and all future potential commercial recreation uses will be analyzed on a case-by-case basis under a CUP for compliance with solid waste disposal requirements. Page 27

33 s 18. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below selfsustaining 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? The project is administrative in nature. It involves an amendment to the La Puente Municipal Code to allow commercial recreation and entertainment uses upon approval of a CUP in the CM zone. It does not involve any construction. The setting of the CM Zone within the is a fully-urbanized, developed area. impacts to plant or animal life will result, nor will the project impact important examples of California history or prehistory. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects)? As indicated above, the proposed project is consistent with the long-range goals reflected in the adopted plans for the City, more specifically as described in the Business Employment District of the City s General Plan. long term environmental goals established by the City will be compromised. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Based on the analysis of the project s impacts in the responses to items 1-17 above, there is no indication that this project could result in substantial adverse effect on human beings. The existing standards established by State regulations and the standards contained in the proposed amendment for the requirement for all new commercial recreation and entertainment establishments to obtain a CUP as well as to comply with other applicable chapters of the City s Municipal Code, will ensure that impacts on human beings are not significant. Page 28