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HomeMy WebLinkAboutAttachment F - Reso 24-4027 (GPA, ZC, and CEQA)RESOLUTION NO. 24-4027 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THAT THE CITY COUNCIL (1) APPROVE A GENERAL PLAN AMENDMENT AND ZONE CHANGE (PLN-23-00035), THEREBY CHANGING THE GENERAL PLAN DESIGNATION FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL AND CHANGING THE ZONING DESIGNATION FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO R-3-O (MULTIPLE-FAMILY RESIDENTIAL OWNERSHIP) AT 7360 FOSTER BRIDGE BOULEVARD AND (2) ADOPT A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PROJECT THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine, and declare that: A.On March 20, 2023, the applicant, Steve Armanino (a representative of the Olson Company), submitted a request for a Site Plan Review, Tentative Tract Map, Density Bonus, General Plan Amendment, and Zone Change, to construct a new 33-unit townhome condominium ownership development at 7360 Foster Bridge Boulevard (“Project”). B.On April 20, 2023, the applicant was issued a letter deeming the application incomplete. C.On June 14, 2023, upon review of partially submitted materials, the applicant was issued a subsequent letter deeming the application incomplete. D.On September 18, 2023, upon review of partially submitted materials, the applicant was issued a subsequent letter deeming the application incomplete. E.On February 14, 2024, upon review of newly submitted supporting documents, the applicant was issued a subsequent letter deeming the application incomplete. F.On March 28, 2024, upon review of all required materials submitted , the applicant was issued a letter deeming the application complete. G. On April 4, 2024, a notice of public hearing for a General Plan Amendment, Zone Change, Site Plan Review, Tentative Tract Map, Density Bonus, and Initial Study/Mitigated Negative Declaration was sent to all tenants and property owners within 500-feet of the subject site, as well as to interested parties and outside agencies, and the public hearing notice was published in Downey Patriot. H.The Project is required to undergo an environmental review pursuant to the California Environmental Quality Act (CEQA) and the state CEQA Guidelines. Through its consultant, the City prepared an Initial Study leading to a Mitigated Negative Declaration (“IS/MND”) for the Project. On November 22, 2023, in Exhibit F Resolution No. 24-4027 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 2 accordance with the requirement of the California Environmental Quality Act, a Notice of Intent to adopt a Mitigated Negative Declaration was submitted to the Los Angeles County Recorder’s Office. The Mitigated Negative Declaration for the Project reflects the City’s independent judgment and analysis as lead agency for the Project. I. Based on the IS/MND, the Project would have no impact or a less than significant impact on the following environmental issue areas: Agriculture and Forestry Resources, Air Quality, Energy, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Population and Housing, Public Services, Recreation, Transportation, Utilities and Service Systems, and Wildfire. The Project’s impacts on the following issue areas would be less than significant with the implementation of mitigation: Aesthetics, Biological Resources, Cultural Resources, Geology, Soils, and Paleontological Resources, Hazards and Hazardous Materials, Noise and Tribal Cultural Resources. All impacts would be less than significant after mitigation. J. The Planning Commission held a duly noticed public hearing on April 17, 2024, and after fully considering all oral and written testimony, facts, and opinions it was motioned and seconded to adopt this resolution. The motion did not carry with a vote of 2 -2. No additional motions were made or voted upon. K. On April 18, 2024, the applicant requested the application to be re-agendized and independently, at a new public hearing, to be presented to the Planning Commission once again. L. On April 18, 2024, a notice of public hearing for a General Plan Amendment, Zone Change, Site Plan Review, Tentative Tract Map, Density Bonus, and Initial Study/Mitigated Negative Declaration was sent to all tenants and property owners within 500-feet of the subject site, as well as to interested parties and outside agencies, and the public hearing notice was published in Downey Patriot. M. The Planning Commission held a duly noticed public hearing on May 1 , 2024, and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing adopted this resolution. At the same hearing, the Planning Commission took the following actions: (1) recommend the City Council approve a recommend that the City Council approve a Site Plan Review and Density Bonus to construct a 33-unit residential condominium townhome ownership development for property located at 7360 Foster Bridge Boulevard (Resolution No. 24-4028) and (2) recommend the City Council approve Tentative Tract Map No. 84168 for townhome purposes on property located at 7360 Foster Bridge Boulevard (Resolution No. 24-4029) SECTION 2. In accordance with California Public Resources Code Section 21091 and State CEQA Guidelines Section 15073, the Initial Study/Mitigated Negative Declaration for the Project was circulated for a 30-day public review and comment period from November 22, 2024 through December 22, 2024. The City initiated a 30-day public comment period by filing a Notice of Completion and Intent with the State Office of Planning and Research. The document was available for public review at the City of Downey City Hall, City Library, Barbara J. Riley Community Center, Columbia Space Center, on the City’s website, and at the State Office of Planning and Research State Clearinghouse webpage (SCH Number 2023110530). At the Exhibit F Resolution No. 24-4027 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 3 completion of the comment period, comments from a member of the public and one public agency were received and incorporated as part of the Final Initial Study/Mitigated Negative Declaration (“Final IS/MND”) and are incorporated herein by reference. The mitigation measures set forth in the MND are fully enforceable and will be implemented using the related Mitigation Monitoring and Reporting Program, accompanying the Final IS/MND in order to avoid or minimize adverse environmental impacts identified therein. SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearing regarding the General Plan Amendment, and in accordance with Downey Municipal Code Section 9834.08, the Planning Commission further finds, determines, and declares that: A. The proposed General Plan Amendment is consistent with all other goals, policies, programs, and land uses of applicable elements of the General Plan. The application is found to achieve the policies and goals identified in the City’s recently adopted Housing Element Update. In particular, the Housing Element states that the City’s role is to facilitate the redevelopment of underutilized sites. This includes supporting the creation, adoption, and implementation of General Plan policies, zoning, and development standards and/or incentives to encourage the construction of various types of housing units. The proposed General Plan Amendment and Zone Change promote these practices. In addition, the following goals, policies, and programs are promoted by the application: Land Use Element Policy 1.1.2. Provide an appropriate amount of land area to absorb the City’s future growth. Program 1.1.2.1. Identify areas to absorb population growth and support additional housing. Policy 1.4.3. Promote home ownership. Program 1.4.3.1. Promote ownership-based housing, such as condominiums, townhouses, and planned unit developments. Housing Element Goal 1. Encourage a variety of housing types to meet the existing and future needs of City residents. Policy 1.1. Accommodate a variety of housing types to meet the needs of all residents. Policy 1.2. Encourag e and facilitate a range of housing to accommodate the City’s share of regional housing and special housing needs. Policy 1.5 Encourage infill development and recycling of land to provide adequate residential sites Goal 2. Assist in the development of adequate housing and provide resources to meet the needs of low- and moderate-income and special needs households. Policy 2.1 Facilitate housing development of affordable to lower-income households by providing technical assistance, regulatory incentives and concessions, and financial resources as funding permits. Policy 2.2 Encourage the inclusion of housing affordable to lower-income households when reviewing proposals for new housing developments. Exhibit F Resolution No. 24-4027 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 4 Goal 3. Address and where legally possible, remove governmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. Policy 3.2 Utilize density bonuses, fee reductions, or other regulatory incentives, as available and appropriate, to minimize the effect of governmental constraints. B. The proposed General Plan Amendment will not adversely affect surrounding properties or the surrounding environment. The proposed development has been found, per the technical evidence, to not hold the capability of generating impacts that significantly alter existing conditions. Rather any impacts related to the nearby area are currently established and not a result of the application. The most prominent existing impact within the nea rby area is traffic. The Traffic Impact Analysis (TIA) drafted as part of the project review also reveals that existing conditions will not be exacerbated by the proposed project. It should be noted that the TIA does find that one of the intersections, Suva and Guatemala, currently operates at an unacceptable level of service of “E”. Therefore, it is evident that impacts are present and preexisting. The TIA further finds that even with the project the same level of service grade will remain. The City has conducted and continues to conduct analysis of the surrounding traffic conditions in an effort to achieve acceptable levels of service, and is exploring implementing modifications to signaling. Studies conducted as part of the IS/MND that reflect less than significant impacts include, but are not limited to, air quality, water quality, and energy. The matter of privacy has also been raised by nearby residents, and it has been found that the third story level of the development does have the capability of seeing directly into adjacent neighboring lots more so than what would be expected of other neighboring properties. Privacy mitigations have been established in the recommended Conditions of Approval found in Planning Commission Resolution No. 24-4025. More specifically, prior to issuance of the first certificate of occupancy, the developer shall install enhanced landscaping along the northern boundary of the site. Its purpose is to substantially block views and lighting from the project site onto the residence at 7336 Foster Bridge Boulevard just north of the site. The City’s Planning Division shall be responsible for ensuring that the design and location of this enhanced landscaping, primarily trees, is included in the landscaped plans and is installed prior to the issuance of the first certificate of occupancy. C. The proposed General Plan Amendment promotes the public health, safety, and general welfare and serves the goals and purposes of Article IX of the Downey Municipal Code (Land Use). As stated in Section 3.A of this resolution, the City’s Housing Element within the General Plan holds goals, policies, and programs advocating for the development of new housing. The City, through the Housing Element, and the State of California identify housing as a priority. In addition, a variety of state policies place the responsibility for facilitating new housing in the hands of local governments. Efforts to facilitate new housing, as outlined in the Housing Element, come in the form of land use practices such as general plan amendments and zone changes. Therefore, a finding can be made that the application serves the goals and purpose of the General Plan. In addition, it is widely recognized that the creation of housing is found to be in the interest of public health, safety, and general welfare. D. The proposed General Plan Amendment will not conflict with provisions of Article IX of the Downey Municipal Code, including the City’s subdivision ordinance, although, the amendment will facilitate a housing development that surpasses the Downey Municipal Code (DMC) prescribed density and development standards. The additional allowances Exhibit F Resolution No. 24-4027 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 5 are allowed per State Density Bonus Law. In addition, the lot does conform to the minimum requirements for the corresponding R-3-O zone with applicable concession and waivers. Lastly, the Tentative Tract Map is processed in compliance with the provisions of the Subdivision Map Act. SECTION 4. Having considered all of the oral and written evidence presented to it at said public hearing regarding the Zone Change, and in accordance with Downey Municipal Code Section 9830.06, the Planning Commission further finds, determines, and declares that: A. The zone change is necessary and desirable for the development of the community in harmony with the objectives of the General Plan and Chapter 8 of Article IX of the Downey Municipal Code and is in the interests or furtherance of the public health, safety, and general welfare. The application is found to achieve the policies and goals identified in the City’s recently adopted Housing Element Update. In particular, the Housing Element states that the City’s role is to facilitate the redevelopment of underutilized sites. This includes supporting the creation, adoption, and implementation of General Plan policies, zoning, and development standards and/or incentives to encourage the construction of various types of housing units. The proposed General Plan Amendment and Zone Change promote these practices. In addition, the State of California and the City have identified the need for housing in general and at affordable levels as a priority. The creation of housing is found to be in the interest of public health, safety, and general welfare. B. The zone change will be compatible and complementary to existing conditions and adjoining property in the surrounding area. Changing the zoning fro m R-1 to R-3-O has been found, per the technical evidence, to not generate impacts that significantly alter existing conditions. Rather any impacts related to the nearby area are currently established and not a result of the application. Traffic impact are chiefly among cause for concern, but are found to be a less than significant impact pertaining to the traffic generated by the project. A traffic impact analysis drafted for the project found that traffic generated by the project will be minimal, generating a daily net increase 158 trips, with an additional 10 trips at AM peak times and 13 additional trips at PM peak times. This means within any 15-minute interval between the hours of 7am and 9am (for AM peak periods), the highest expected traffic volume will be 10 additional vehicles entering or existing the site, and between 4pm and 6pm (for PM peak periods) a maximum of an additional 13 vehicles would be the highest volume entering or exiting the site. All other 15-minute intervals between those times would be less than the estimated peak trips. This increased trip generation is not found to alter the level of service of the nearby intersections and road segments. Additional studies conducted as part of the IS/MND that reflect less than significant impacts include, but are not limited to, air quality, water quality, and energy. The technical evidence supports the statement that the project is compatible and complimentary. Wit h regard to compatibility with adjoining property, a mix of uses currently exists within the nearby vicinity although the area is designated as single family residential. Nearby uses include a 28-unit multiple family residential property to the south and light industrial uses to the west and further south. Furthermore, the creation of townhome ownership housing units will provide a housing type that is consistent with the General Plan goal of providing a variety of housing opportunity types. C. The site location and configuration with streets on three sides may not present the best site plan layout to facilitate the requested project design with the strict adherence to all Exhibit F Resolution No. 24-4027 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 6 applicable property development standards. However, State Law pertaining to Density Bonu s allowances of a Concession and various Waivers would permit the development of the site as prescribed in the Downey Municipal Code. Per the DMC, the total lot size is sufficient enough to accommodate 30-units and the applicant has exercised State Density Bonus rights that would allow for the development of a total of 33-units with the application of waivers of various City development standards. Compliance with State Density Bonus law would deem the development is of an appropriate size for the subject site. Therefore, this finding can be made in the affirmative. D. The site properly relates to streets and highways designed and fully improved to carry the type and quantity of traffic that is expected to be generated in the area, and utilities exist or are planned which will adequately serve the property as rezoned. Changing the zoning from R-1 to R-3-O has been found, per technical studies, to not generate impacts that significantly alter existing conditions. Increased traffic is not found to alter the level of service of the nearby intersections and road segments. It should be noted that the nearby intersection of Suva and Guatemala operates at an unacceptable service level of “E”, and again the proposed project does not alter that service level grade. Alternatively, the City has begun analyzing potential improvements to raise the level of service grade to acceptable levels. E. The proposed zone change is in general conformance with the General Plan and General Plan land use designation for the parcel. The Zone Change is filed in conjunction with a General Plan Amendment that will make both the zoning and General Plan consistent and conforming. SECTION 5. Based upon the findings set forth in Sections 1 through 4 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council approve a General Plan Amendment and Zone Change (PLN-23-00035), subject to recommended conditions of approval attached hereto as Exhibit ‘A’, and update the General Plan Map to modify the designation to MDR, as outlined in Exhibit B of this Resolution, and update the Zoning Map to rezone the subject property to R-3-O, as outlined in Exhibit C of this Resolution. SECTION 6. The Planning Commission of the City of Downey further recommends that the City Council adopt the Mitigated Negative Declaration and the related Mitigation Monitoring and Reporting Program for the Project outlined in Exhibit D of this Resolution. Exhibit F Resolution No. 24-4027 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 7 SECTION 7. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 1st day of May , 202 4. Carrie Uva, Chair City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof, held on the 1st day of May , 2024, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: APPROVED AS TO FORM: _______________________ John M. Funk City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Ria Ioannidis, Recording Secretary, do hereby attest to and certify that the foregoing Resolution is the original resolution adopted by the Planning Commission of the City of Downey at a regular meeting held on May 1, 2024. Ria Ioannidis Recording Secretary Exhibit F Resolution No. 24-4027 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 8 PLN-23-00035 (GENERAL PLAN AMENDMENT AND ZONE CHANGE ) EXHIBIT A - CONDITIONS PLANNING 1) The approval of this General Plan Amendment and Zone (PLN-23-00035) allows for a modification to the City’s General Plan Designation from Low Density Residential to Medium Density Residential and modification to the City’s Zoning Map from Single Family Residential to Multiple Family Residential for property located at 7360 Foster Bridge Boulevard. 2) This resolution, Resolution No. 24-2027, shall run concurrently with Resolutions No. 24- 2028 and 24-2029 and is equally subject to the Conditions of approval set forth in said resolutions. 3) Failure to carry out the approvals and Conditions of Approval detailed in Resolution Nos. 24-4028 and 24 -4029 shall render this resolution null and void. Exhibit F Resolution No. 24-4027 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 9 EXHIBIT B – GENERAL PLAN AMENDMENT MAP Existing General Plan Land Use Designation Proposed General Plan Land Use Designation Low Density Residential Medium Density Residential Low Density Residential Exhibit F Resolution No. 24-4027 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 10 EXHIBIT C – ZONE CHANGE MAP Existing Zoning Proposed Zoning R-1 R-1 R-3-O Exhibit F Mitigation Monitoring and Reporting Plan 1 City of Downey – Foster Bridge and Bluff Community Residential Project Mitigation Monitoring and Reporting Progra m Project: Foster Bridge and Bluff Community Residential Project (VTTM 84168) Date: January 9, 2024 Impact Category/ Mitigation Measures Implementation Timing Responsible Monitoring Party Monitoring/ Reporting Method Compliance Verification AESTHETICS AES-1: Enhanced Landscaping. Prior to issuance of the first occupancy permit, the developer shall install enhanced landscaping along the northern boundary of the site. Its purpose is to substantially block views and lighting from the project site onto the residence at 7336 Foster Bridge Boulevard just north of the site. The design and location of this enhanced landscaping, primarily trees, shall be the responsibility of the City Planning Department. Prior to issuance of the first certificate of occupancy Developer and landscaping contractor City Planning staff verify installation prior to COO issued BIOLOGICAL RESOURCES Nesting Bird Survey. To the extent feasible, construction activities shall be scheduled to avoid the nesting season. If construction activities are scheduled to take place outside the nesting season, all impacts to nesting birds protected under the MBTA and California Fish and Game Code must be avoided. The nesting season for most birds in Los Angeles County extends from February 1 through September 1. If it is not possible to schedule construction activities between September 1 and January 31, then a pre-construction survey for nesting birds will be conducted by a qualified biologist to ensure that no nests would be disturbed during project implementation. This survey will be conducted no more than 5 days prior to the initiation of any site disturbance activities and equipment mobilization, including tree, shrub, or vegetation removal, fence installation, grading, etc. If project activities are delayed by more than 5 days, an additional nesting bird survey will be performed. During this survey, the biologist will inspect all trees and other potential nesting habitats (e.g., trees and shrubs) in and immediately adjacent to the impact area for nests. Active nesting is present if a bird is building a nest, sitting in a nest, a nest has eggs or chicks in it, or adults are observed carrying food to the nest. The results of the survey(s) will be documented. If an active nest is found sufficiently close to work areas to be disturbed by these activities, the qualified biologist will determine the extent of a construction-free buffer zone to be established around the nest (typically up to 300 feet for raptors and up to 100 feet for other species), to ensure that no nests of species protected by the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code will be disturbed during project implementation. Within the buffer zone, no site disturbance and mobilization of heavy equipment, including but not limited to equipment staging, fence installation, clearing, grubbing, vegetation removal, demolition, and grading will be permitted until the chicks have fledged. No more than 3 days prior to the start of any ground disturbance City Planning Department Written proof of survey prior to issuance of a grading permit Attachment F (Exhibit D) Mitigation Monitoring and Reporting Plan 2 City of Downey – Foster Bridge and Bluff Community Residential Project Impact Category/ Mitigation Measures Implementation Timing Responsible Monitoring Party Monitoring/ Reporting Method Compliance Verification A qualified biologist is an individual who has a degree in biological sciences or related resource management with a minimum of two seasonal years post- degree experience conducting surveys for nesting birds. During or following academic training, the qualified biologist will have achieved a high level of professional experience and knowledge in biological sciences and special- status species identification, ecology, and habitat requirements. CULTURAL RESOURCES CUL-1: Unanticipated Resources. In the event that archaeological resources (sites, features, or artifacts) are exposed during construction activities of the project, all construction work occurring within 100 feet of the find shall immediately stop until a qualified archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards, can evaluate the significance of the find and determine whether or not additional study is warranted. Depending upon the significance of the find under the California Environmental Quality Act (CEQA: 14 CCR 15064.5(f): PRC Section 21083.2), the archaeologist may simply record the find and allow work to continue. However, if the discovery proves significant under CEQA, additional work, such as preparation of an archaeological treatment plan, testing, or data recovery, may be warranted. During and after grading City Planning Department, project archaeologist, and consulting tribe(s) to determine disposition of any unique archeological resources City Planning Department to document continued consultation as needed with tribal representatives GEOLOGY/SOILS/PALEONTOLOGICAL RESOURCES GEO-1: Supplemental Geotechnical Report. Prior to issuance of a grading permit, the project proponent shall retain a qualified geotechnical consultant to prepare a supplemental geotechnical investigation as recommended by the “Geotechnical Due-Diligence Investigation” prepared by Albus & Associates, Inc. dated February 6, 2023. The supplemental report shall be certified by the City Engineer as adequate for the purposes of design, permitting, and construction. Prior to issuance of a grading permit Qualified engineer shall submit a supplemental geotechnical report to the City Engineering Department City Engineer shall sign off on the supplemental report prior to issuance of the permit GEO-2: Conduct Paleontological Sensitivity Training for Construction Personnel. The project proponent must retain a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, to conduct a Paleontological Sensitivity Training for construction personnel before commencement of excavation activities. The training would include a handout and would focus on how to identify paleontological resources that may be encountered during earthmoving activities, and the procedures to be followed in such an event; the duties of paleontological monitors; notification and other procedures to follow upon discovery of resources; and the general steps a qualified professional paleontologist would follow in conducting a salvage investigation if one is necessary. Prior to the start of grading or clearing the site Developer shall retain a qualified paleontologist to conduct training of grading and clearing staff regarding paleontological resources Project paleontologist shall prepare a brief report to the City Planning Department summarizing their training efforts. GEO-3: Conduct Periodic Paleontological Spot Checks During Grading and Earth-Moving Activities. The project proponent must retain a During grading Project paleontologist shall Project paleontologist shall Attachment F (Exhibit D) Mitigation Monitoring and Reporting Plan 3 City of Downey – Foster Bridge and Bluff Community Residential Project Impact Category/ Mitigation Measures Implementation Timing Responsible Monitoring Party Monitoring/ Reporting Method Compliance Verification professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, to conduct periodic Paleontological Spot Checks beginning at depths below six feet from the surface to determine if construction excavations extend into older Quaternary deposits. After the initial Paleontological Spot Check, further periodic checks would be conducted at the discretion of the qualified paleontologist. If the qualified paleontologist determines that construction excavations have extended into the older Quaternary deposits, construction monitoring for Paleontological Resources are required. The project proponent must retain a qualified paleontological monitor, who would work under the guidance and direction of a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology. The paleontological monitor must be present during all construction excavations (e.g., grading, trenching, or clearing/grubbing) into the older Pleistocene alluvial deposits. Multiple earth- moving construction activities may require multiple paleontological monitors. The frequency of monitoring is based on the rate of excavation and grading activities, proximity to known paleontological resources and/or unique geological features, the materials being excavated (native versus artificial fill soils), and the depth of excavation, and if found, the abundance and type of paleontological resources and/or unique geological features encountered. Full-time monitoring can be reduced to part-time inspections if determined adequate by the qualified professional paleontologist. conduct unannounced checks of project clearing and grading to assure proper procedures of GEO- 2 are being followed prepare a brief report to the City Planning Department summarizing the results of their monitoring efforts GEO-4: Cease Ground-Disturbing Activities and Implement Treatment Plan if Paleontological Resources Are Encountered. In the event that paleontological resources and or unique geological features are unearthed during ground-disturbing activities, ground-disturbing activities the paleontological monitor may halt or divert away from the vicinity of the find so that the find can be evaluated. A buffer area of at least 50 feet must be established around the find where construction activities are not allowed to continue until an appropriate paleontological treatment plan is approved by the project proponent and the City. Work is allowed to continue outside of the buffer area. The project proponent and City would coordinate with a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, to develop an appropriate treatment plan for the resources. Treatment may include implementation of paleontological salvage excavations to remove the resource along with subsequent laboratory processing and analysis or preservation in place. At the paleontologist’s discretion and to reduce construction delay, the grading and excavation contractor would assist in removing rock samples for initial processing. During grading If summoned to the site or observes paleontological resources, the project paleontologist shall immediately halt grading to evaluate the find and determine appropriate action based on the find and notify the City Planning Department immediately of the discovery Once notified, the Planning Department shall monitor any recovery activities in consultation with the project paleontologist GEO-5: Prepare Report Upon Completion of Monitoring Services. If paleontological resources are found, upon completion of the activities identified under Mitigation Measure GEO-4, the professional paleontologist Within 45 days of the Paleontologist shall prepare a summary report of monitoring The Planning Department shall confirm in email or Attachment F (Exhibit D) Mitigation Monitoring and Reporting Plan 4 City of Downey – Foster Bridge and Bluff Community Residential Project Impact Category/ Mitigation Measures Implementation Timing Responsible Monitoring Party Monitoring/ Reporting Method Compliance Verification would prepare a report summarizing the results of the monitoring and salvaging efforts, the methodology used in these efforts, and a description of the fossils collected and their significance. The report would be submitted to the project proponent, the City, the Natural History Museums of Los Angeles County, and representatives of other appropriate or concerned agencies to signify the satisfactory completion of the project and required mitigation measures. completion of grading activities, any resources found, and the disposition of any resources writing the receipt of the project paleontologist’s report(s). HAZARDS/HAZARDOUS MATERIALS HAZ-1: Inadvertent Hazmat Discovery. Prior to issuance of a grading permit, the project proponent shall retain a qualified environmental professional (QEP) experienced with remediating hazardous materials from infill urban construction sites. The QEP must be on-call and summoned to the site immediately if any potentially hazardous materials are found during grading. Grading must be halted within 100 feet of an area that appears to contain hazardous materials. The QEP will halt grading as necessary to effectively identify the potential contaminated materials, including directing any sampling and laboratory testing that may be required. If soils are found to be contaminated at levels that are only slightly in excess of applicable residential standards, the QEP shall exercise professional discretion and have the option to coordinate with the grading contractor and developer to either remove contaminated soil and/or mix the contaminated soil with clean soil from either onsite or offsite to dilute any contaminants to below applicable exposure standards for residential development. Remediated areas must be retested to assure potential contaminant levels are below applicable residential standards. The results of any testing shall be provided to the City or other agencies as appropriate and no further action is needed. Any contaminated soil that must be removed from the site shall be done by a licensed contractor and hauled to a landfill approved for such materials. This measure shall be implemented to the satisfaction of the City Community Development Department. Prior to issuance of a grading permit During grading Developer shall retain a QEP and provide written proof to the City Planning Department Upon notification or observing the discovery of any unknown materials during grading, the Project QEP shall halt work in that area and determine the identify of the material(s). If any hazardous materials are found, the QEP will coordinate with the City, developer, and LA County Fire Department, Health Hazardous Materials Division (CUPA) if necessary to determine the appropriate disposition for the materials. HAZ-2: ACMs and LBP Survey. Prior to demolition of any structures on the project site, the developer shall retain qualified licensed environmental contractor(s) to survey the existing onsite church building and any related structures for asbestos-containing materials (ACMs) and Lead-Based Paints Prior to issuance of a demolition permit Developer shall retain qualified personnel to survey the church buildings Developer shall document results of ACM and LBP survey and what, if Attachment F (Exhibit D) Mitigation Monitoring and Reporting Plan 5 City of Downey – Foster Bridge and Bluff Community Residential Project Impact Category/ Mitigation Measures Implementation Timing Responsible Monitoring Party Monitoring/ Reporting Method Compliance Verification (LBPs). If the survey finds the presence of any ACMs or LBPs on the site, the contractor(s) shall follow all relevant guidance from affected regulatory agencies (e.g., CalEPA, SCAQMD, DTSC, County Health Department, etc.) in terms of safe removal and disposal of the contaminated materials as appropriate. The contractor(s) shall prepare and submit a final report to the City Community Development Department within 30 days after completion of demolition/removal for ACMs and LBPs on the project site. for ACMs and LBP and conduct appropriate remediation of such materials are found any, remediation was conducted. Demolition permit shall not be issued until the City Planning Department concurs with its findings NOISE NOI-1: Notify Residential Land Uses of Planned Construction Activities. This notice shall be provided at least two (2) weeks prior to the start of any construction activities, describe the noise control measures to be implemented by the project, and include the name and phone number of the designated contact for the project proponent and the City of Downey responsible for handling construction-related noise complaints (per MM NOI- 5). This notice shall be provided to the owner/occupants of residential dwelling units within 500 feet of construction work areas. At least two (2) weeks prior to the start of any construction activities Developer shall provide verifiable notice to local residential neighbors within 200 feet of the project boundaries of the start of construction Developer shall provide copies of notices, mailing lists, methods of delivery, and confirmation of receiving the notices NOI-2: Restrict Work Hours. All construction-related work activities, including material deliveries, shall be subject to the requirements of City Municipal Code Section 4.50.100. Construction activities, including deliveries, shall occur only during the hours of 7 AM to 7 PM Monday to Friday and 9 AM to 6 PM on Saturday, Sunday, and holidays. The project proponent representative and/or its contractor shall post a sign at all entrances to the construction site informing contractors, subcontractors, other workers, etc. of this requirement During any construction- related activities on the site Developer shall certify to the City they are enforcing the City’s work hour restrictions, post appropriate signs, and place work hour limits on construction plans City Inspectors as appropriate to monitor work hour limits as necessary NOI-3: Construction Equipment Selection, Use, and Noise Control Measures. The following measures shall apply to construction equipment used at the project site: a. Contractors shall use the smallest size equipment capable of safely completing work activities. b. Construction staging shall occur as far away from residential land uses as possible given site and active work constraints. c. Electric hook-ups shall be provided for stationary equipment (e.g., pumps, compressors, welding sets). If it is not feasible to provide an electric hook- up, the project proponent shall ensure mitigation measures 3a and 3d are implemented. d. All stationary noise generating equipment shall be shielded and located as far as possible from residential land uses given site and active work constraints. Shielding may consist of existing vacant structures or a three- Prior to and during any construction activities on the site Developer shall certify in writing they will implement these procedures during all work activities. Notes shall be placed on construction plans to this effect and initialed by all sub- contractors City Inspectors shall verify this compliance with unannounced inspections during work activities Attachment F (Exhibit D) Mitigation Monitoring and Reporting Plan 6 City of Downey – Foster Bridge and Bluff Community Residential Project Impact Category/ Mitigation Measures Implementation Timing Responsible Monitoring Party Monitoring/ Reporting Method Compliance Verification or four-sided enclosure provided the structure/enclosure breaks the line of sight between the equipment and the receptor and provides for proper ventilation and equipment operation. e. Heavy equipment engines shall be equipped with standard noise suppression devices such as mufflers, engine covers, and engine/mechanical isolators, mounts, and be maintained in accordance with manufacturer’s recommendations during active construction activities. f. Pneumatic tools shall include a suppression device on the compressed air exhaust. g. No radios or other amplified sound devices shall be audible beyond the property line of the construction site. NOI-4: Implement Construction Activity Noise Control Measures. The following measures shall apply to project construction activities: a. Demolition: Activities shall be sequenced to take advantage of existing shielding/noise reduction provided by existing buildings or parts of buildings and methods that minimize noise and vibration, such as sawing concrete blocks, prohibiting on-site hydraulic breakers, crushing or other pulverization activities, shall be employed during project construction. b. Demolition, Site Preparation, Grading, and Foundation Work: During all demolition, site preparation, grading, and structure foundation work activities, a physical noise barrier shall be installed and maintained around the site perimeter to the maximum extent feasible given site constraints and access requirements along the north boundary of the project site*. The noise barrier shall extend to a height of eight (8) feet above grade. Potential barrier options capable of reducing construction noise levels could include, but are not limited to: i. A concrete, wood, or other barrier installed at-grade (or mounted to structures located at-grade, such as a K-Rail), and consisting of a solid material (i.e., free of openings or gaps other than weep holes) that has a minimum rated transmission loss value of 20 dB. ii. Commercially available acoustic panels or other products such as acoustic barrier blankets that have a minimum sound transmission class (STC) or transmission loss value of 20 dB. iii. Any combination of noise barriers and commercial products capable of achieving required construction noise reductions during demolition, site preparation, grading, and structure foundation work activities. During all project construction activities as appropriate Developer shall certify to the City these measures will be implemented by all contractors and sub-contractors on the site City Inspectors shall verify this compliance with unannounced inspections during work activities Attachment F (Exhibit D) Mitigation Monitoring and Reporting Plan 7 City of Downey – Foster Bridge and Bluff Community Residential Project Impact Category/ Mitigation Measures Implementation Timing Responsible Monitoring Party Monitoring/ Reporting Method Compliance Verification iv. The noise barrier may be removed following the completion of building foundation work (i.e., it is not necessary once framing and typical vertical building construction begins provided no other grading, foundation, etc. work is still occurring on-site). NOI-5: Prepare a Construction Noise Complaint Plan. The project proponent shall prepare a Construction Noise Complaint Plan that shall: a. Identify the name and/or title and contact information (including phone number and email) for a designated project and City representative responsible for addressing construction-related noise issues. b. Includes procedures describing how the designated project representative will receive, respond, and resolve construction noise complaints. c. At a minimum, upon receipt of a noise complaint, the project representative shall notify the City contact, identify the noise source generating the complaint, determine the cause of the complaint, and take steps to resolve the complaint. Prior to issuance of any permit for any construction activities Developer, in consultation with their noise consultant, shall prepare a CNCP for review and approval by the City Planning Department The City Planning Department shall approve the CNCP prior to issuance of any work permits for the project Tribal Cultural Resources TCR-1: Tribal Monitor. The project applicant/lead agency shall retain a Native American Monitor from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation. The monitor shall be retained prior to the commencement of any “ground-disturbing activity” for the subject project at all project locations (i.e., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be Prior to issuance of a grading permit During grading Developer shall submit written verification of NA tribal monitoring agreement(s) Tribal monitor(s) to observe grading and confirm completion to the City Planning Department Planning Department verify signed agreement(s) in place Planning Department confirm receipt of tribal completion notice Attachment F (Exhibit D) Mitigation Monitoring and Reporting Plan 8 City of Downey – Foster Bridge and Bluff Community Residential Project Impact Category/ Mitigation Measures Implementation Timing Responsible Monitoring Party Monitoring/ Reporting Method Compliance Verification provided to the project applicant/lead agency upon written request to the Tribe. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh TCRs. TCR-2: Unanticipated Discoveries. Upon discovery of any Tribal Cultural Resources (TCRs), all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. During grading Tribal monitor(s) and/or archaeologist communicate discovery of resources within one hour of discovery to Planning Department Planning Department confirm tribal notification and consult with monitoring tribe as to the disposition of the discovered resource TCR-3: Human Remains. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance. During grading Tribal monitor(s) and/or archaeologist communicate discovery of remains within one hour of discovery to Planning Department Planning Department confirm tribal notification and consult with monitoring tribe as to the disposition of the discovered remains * This minor change was made to correct an inaccurate statement in the draft IS/MND noise section that the proposed constructio n noise barrier was needed around the entire site since the noise study determined the barrier was actually needed only on the north side of the site to meet City noise standards. This change is documented in the Final IS/MND Memo dated January 9, 2024. Attachment F (Exhibit D)