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HomeMy WebLinkAboutResolution No. 24-8240 - Approving a General Plan Amendment for a 33- Unit Townhome Project at 7360 Foster Bridge BlvdRESOLUTION NO. 24-8240 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY (1) APPROVING A GENERAL PLAN AMENDMENT FOR A 33-UNIT TOWNHOME PROJECT AT 7360 FOSTER BRIDGE BOULEVARD THEREBY CHANGING THE GENERAL PLAN DESIGNATION FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL AND (2) ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PROJECT WHEREAS, on March 20, 2023, the applicant, Steve Armanino (a representative of the Olson Company), submitted a request for a Site Plan Review, Tentative Tract Map, Density Bonus, General Plan Amendment, and Zone Change, to construct a new 33-unit townhome condominium ownership development at 7360 Foster Bridge Boulevard ("Project"); and, WHEREAS, on April 20, 2023, the applicant was issued a letter deeming the application incomplete; and, WHEREAS, on June 14, 2023, upon review of partially submitted materials, the applicant was issued a subsequent letter deeming the application incomplete; and, WHEREAS, on September 18, 2023, upon review of partially submitted materials, the applicant was issued a subsequent letter deeming the application incomplete; and, WHEREAS, on February 14, 2024, upon review of newly submitted supporting documents, the applicant was issued a subsequent letter deeming the application incomplete; and, WHEREAS, on March 28, 2024, upon review of all required materials submitted, the applicant was issued a letter deeming the application complete; and, WHEREAS, on April 4, 2024, a notice of public hearing for a General Plan Amendment, Zone Change, - Site Plan Review, "Tentative Tract Map, Density Bonus, and Initial Study/Mitigated Negative Declaration was sent to all tenants and property owners within 500- feet of the subject site, as well as to interested parties and outside agencies, and the public hearing notice was published in Downey Patriot; and, WHEREAS, the Project is required to undergo an environmental review pursuant to the California Environmental Quality Act (CEQA) and the state CEQA Guidelines. Through its consultant, the 'City prepared an Initial Study leading to a Mitigated Negative Declaration (°1S/MND") for the Project. On November 22, 2023, in accordance with the requirement of the California Environmental Quality Act, a Notice of Intent to adopt a Mitigated Negative Declaration was submitted to the Los Angeles County Recorder's Office, The Mitigated Negative Declarationfor the Project reflects the City's independent judgment and analysis as lead agency for the Project; and, WHEREAS, based on the IS/MND, the Project would have no impact or a less than significant impact on the following environmental issue areas: Agriculture and Forestry Resources, Air Quality, Energy, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use and Planning, Mineral Resources; Population and Housing, Public Services, Recreation, Transportation, Utilities and Service Systems, and Wildfire. The Project's impacts on the following issue areas would be less than significant with the implementation of mitigation: Aesthetics, Biological Resources, 'Cultural Resources, Geology, Soils, and Paleontological Resources, RESOLUTION NO. 24-8240 PAGE 2 Hazards and Hazardous Materials, Noise and Tribal Cultural Resources. All impacts would be less than significant after mitigation; and, WHEREAS, the Planning Commission held a duly noticed public hearing on April 17, 2024, and after fully considering all oral and written testimony, 'facts, and opinions it was motioned and seconded to adopt resolutions recommending the requisite approvals by the City Council for the Project. The motion did not carry with a vote of 2-2.'No additional motions were made or voted upon; and, WHEREAS, on April 18, 2024, the applicant requested the application to be -re- agendized and independently, at a new public hearing, to be presented to the Planning Commission once again; and, WHEREAS, on April 18, 2024, a notice of public hearing for a` General Plan Amendment, Zone Change, Site Plan Review, Tentative Tract Map, Density Bonus, and Initial Study/Mitigated Negative Declaration was sent to all tenants and property owners within 500- feet of the subject site, as well as to interested parties and outside agencies, and the public hearing notice was published in Downey Patriot; and, WHEREAS, on May 1, 2024, the Planning Commission held a duly noticed public hearing, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted Resolution 24-4027, recommending the City Council approve the General Plan amendment, Zone Change, and Mitigated Negative Declaration, as well as Resolution 24-4028 recommending the City Council to approve a Site Plan Review and Density Bonus and Resolution 24-2029 recommending the City Council to approve a Tentative Tract Map; and, fi WHEREAS, the City Council held a duly noticed public hearing on May 14, 2024, to fully consider all oral and written testimony and facts and opinions regarding the General Plan Amendment, Zone Change Request, and Mitigated Negative Declaration, Site Plan Review and Density Bonus, and Tentative' Tract Map. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DO NEY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. In accordance with California Public Resources Code Section 21091 and State CEQA Guidelines Section 15073, the Initial Study/Mitigated Negative Declaration for the Project was circulated for a 30-day public review and comment period from November 22, 2023 through December 22, 2023. The City initiated a 30-day public comment period by filing allotice 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 Number2023110530). At the completion of the comment period, comments from a member of the public and one public agency were received and incorporated as part of the Final Initial Study/Mitigated Negative Declaration ("Final IS/MND") and are incorporated herein by reference. The mitigation measures set forth in the MND are fully enforceable and will be implemented using the related Mitigation Monitoring and Reporting Program, accompanying the Final IS/MND in order to avoid or minimize adverse environmental impacts identified therein. RESOLUTION NO. 24-8240 PAGE 3 SECTION 2. The City Council of the City of Downey hereby finds, determines, and declares as follows: t A. The proposed General Plan Amendment (changing the General Plan Designation from Low Density Residential to Medium Density Residential for the Project) is consistentwith all other goals, policies, programs, and land uses of applicable elements of the General Plan. The application is found to achieve the policies and goals identified in the City's recently adopted Housing Element Update. In particular, the Housing Element states that the City's role is to facilitate the redevelopment of underutilized sites. This :includes supporting the creation, adoption, and implementation of General Plan policies, zoning, and development standards and/or incentives to encourage the construction of various types of housing units. The proposed General Plan Amendment and Zone Change promote these practices. In addition, the following goals, policies, and programs are promoted by the application: Land Use Element Policy 1.1.2. Provide an appropriate amount of land area to absorb the City's future growth: Program 1.1.2.1. Identify areas to absorb population growth and support additional housing: Policy 1.4.3. Promote home ownership. Program 1.4.3.1. Promote ownership - based housing, such as condominiums, townhouses; and planned unit developments. Housing Element Goal 1. Encourage a variety of housing types to meet the existing and future needs of City residents: Policy 1.1. Accommodate a variety of housing types to meet the needs of all - residents. Policy 1.2. Encourage and facilitate a range of housing to accommodate the City's share of regional housing and special housing needs. Policy 1.5 Encourage infili development and recycling of land to provide adequate residential sites Goal 2. Assist in the development of adequate housing and provide resources to meet the needs of low- and moderate -income and special needs households:' Policy 2.1 Facilitate housing development of affordable to lower -income households by providing technical assistance, regulatory incentives and concessions, and financial resources as funding permits; Policy 2.2 'Encourage the inclusion of housing affordable to lower -income households when reviewing proposals for new housing developments. Goal 3. Address and where legally possible, remove governmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. Policy 3.2 Utilize density bonuses, fee reductions, or other regulatory incentives, E 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 RESOLUTION NO. 24-8240 PAGE 4 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 prominentexisting impact within the nearby area is traffic. The Traffic Impact Analysis (TIA) drafted as part of the project review also reveals that existing i conditions will not be exacerbated by the proposed project. it should be noted that the TIA does find that one of the intersections, Suva and Guatemala, currently operates at an unacceptable level of service of "E Therefore, it is evident that impacts are present and preexisting. The TIA further finds that even with the project the same level of service grade will remain. The City has conducted and continues to conduct analysis of the surrounding traffic conditions in an effort to achieve acceptable levels of service, and is exploring implementing modifications to signaling. Studies conducted as part of the IS/MND that reflect less than significant impacts include, but are not limited to, air quality, water quality, and 'energy. The matter of privacy has also been raised by nearby residents, and it has been found that the third story level of the development does have the capability of seeing directly into adjacent neighboring lots more so than what would be expected of other neighboring properties. Privacy mitigations have been established in the recommended Conditions of Approval found in City Council Resolution for a Site Plan Review and Density Bonus. More specifically, prior to issuance of the first certificate of occupancy, the developer shall install enhanced landscaping along the northern boundary of the site. Its purpose is to substantially block views and lighting from the project site onto the residence at 7336 Foster Bridge Boulevard just north of the site. The City's Planning Division shall be responsible for ensuring that the design and location of this enhanced landscaping, primarily trees, is included in the landscaped plans and is installed prior to the 'issuance of the first certificate ,of occupancy. C. The proposed General Plan Amendment promotes the public health, safety, and general welfare and serves the goals and purposes of Article IX of the Downey Municipal Code (Land Use). The City's Housing Element within the General Plan holds goals, policies, and programs advocating for the development of new housing. The City, through the Housing Element, and the State of California identify' housing as -a priority. In addition, a variety of state policies place the responsibility for facilitating new housing in the hands of local governments. Efforts to facilitate new housing, as outlined in the Housing Element, come in the form of land use practices such as general plan amendments and zone changes, Therefore, a finding can be made that the application serves the goals and purpose of the General Plan. In addition, it is widely recognized that the creation of housing is found to be in the interest of public health, safety, and general welfare. D. The proposed General Plan Amendment will not conflict with provisions of Article IX of the Downey Municipal Code, including the City's subdivision ordinance, although, the amendment will facilitate a housing development that surpasses the Downey Municipal Code- (DMC) prescribed density and development standards. The additional allowances are allowed per State Density Bonus Law. In addition, the lot does conform to the minimum requirements for the corresponding R-3-0 zone with applicable concession and waivers. Lastly, the Tentative Tract Map is processed in compliance with the provisions of the Subdivision Map Act. 1 RESOLUTION NO. 24-8240 PAGE 5 §ECJIOU a. Based on the findings set forth in Section 2 of this Resolution, the City Council hereby approves the General Plan Amendment for the Project, subject to conditions of i approval attached hereto as Exhibit W. SECTION 4. The City Council has independently reviewed and analyzed the information contained in the Final Initial Study/Mitigated Negative Declaration for the Project. The City Council has, as a result of its consideration and the evidence presented at the hearing on this matter, determined that, as required pursuant to the CEQA and the State CEQA Guidelines, the Final iS/MND adequately addresses the expected environmental impacts of the Project. On the basis of this review, the City Council finds that there is no substantial evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. SECTION 5. The City Council herebydetermines property located at 7360 Foster Bridge Boulevard is hereby re -designated from General Plan Designation LDR (Low Density Residential) to MDR (Medium Density Residential), as outlined in Exhibit `B'. SECTION 6. The City Council hereby adopts the Mitigated Negative Declaration and the related Mitigation Monitoring and Reporting Program for the Project outlined in Exhibit `C'. SECTIQN Z. The City Council hereby approves the Project, based upon the entire record before it and all written and oral evidence presented. SECTIQN Q. The City Clerk shall certify the adoption of this Resolution APPROVED AND ADOPTED this 14th day of May, 2024. e f< r MARIO TRUJ1'LLO yor ATTEST:, R M IA ALICIA DUAR �ECMC� City Clerk APPROVED AS TO FORM: 94& %V. JO , M.-FUNK City Attorney RESOLUTION NO. 24-8240 PAGE 6 1 HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular meeting held on the 14th day of May, 2024, by the following vote, to wit' AYES: Council Members: Frometa, Ortiz, Pemberton, Sosa, Mayor Trujillo NOES: Council Member: None. ABSENT: Council Member: None, ABSTAIN: Council Member` None. r zu Ae�-,A-C— AARIA ALICIA DU RTE, UMC City Clerk f { k RESOLUTION NO. 24.8240 PAGE 7 PLN-23-00035 (GENERAL PLAN AMENDMENT) EXHIBIT A CONDITIONS PLANNING 1) The approval of this General Plan Amendment (PLN-23-00035) allows for a modification to the City's General Plan Designation from Low Density 'Residential to Medium Density Residential for property located at 7360 Foster Bridge Boulevard. 2) This Resolution, Resolution No. 24-8240, shall run concurrently with Ordinance to change zoning for property located at 7360 Foster Bridge Road and Resolution Nos. 24- 8241 and 24-8242 and is equally subject to the Conditions of Approval set forth in said ordinance and resolutions.- 3) Failure to carry out the approvals and Conditions of Approval detailed in Ordinance to change zoning for property located at 7360 Foster Bridge Road and Resolution Nos. 24- 24-8241 and 24-8242 shall render this Resolution null and void. � A • a a � i, dr f EXHIBIT C Mitigation Monitonng and Reporting Program Impact Category/ implementation Responsible Monitoring/ Compliance Mitigation Measures Timing Monitoring Party Reporting Method Verification AESTHETICS AES-1: Enhanced Landscaping. Prior to issuance of the first occupancy Prior to Developer and City Planning staff permit, the developer shall install enhanced landscaping along the northern issuance of the landscaping verify installation boundary of the site. Its purpose is to substantially block views and lighting ' first certificate contractor prior to COO from the project site onto the residence at 7336 Foster Bridge Boulevard just of occupancy issued north of the site. The design and location of this enhanced landscaping, primarily trees, shall be the responsibility of the City Planning Department. BIOLOGICAL RESOURCES Nesting Bird Survey. To the extent feasible, construction activities shall be No more than 3 City Planning Written proof of scheduled to avoid the nesting season. If construction activities are scheduled days prior to the Department survey prior to to take place outside the nesting season, all impacts to nesting birds protected start of any issuance of a grading under the META and California Fish and Game Code must be avoided. The ground permit nesting season for most birds in Los Angeles County extends from February disturbance 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. 'pa6pall aneq s� oigo agl pun pallpied aq IIIM 6ulpea6 pue `uo1zllouaap 'lenouaaa u01lela6an 'bulggna6 `bulaealo 'uoilellelsul aoual `6ul6el:s luawdinbe of palluail lou lnq 6ulpnloul 'juawdinbe Aneaq 10 uollezlligow pue eoueganl.slp alis ou 'auoz :aallnq aql. U!glM-uolleluawaldwi joatoid , 6uljnp paganlslp 'aq Illm apoo _awe! pue qsl j eivaollleo pue (ViaA) lod Aleaai pa 8 Aaolea6iA aql Aq paloaloid saloads to slsau oulegl ainsue of '(saloads aaglo aol laal 00� of do pue sioldea aol laal 00£ of do AllealdRl) lsau aql punoae pagsligelse aq of auoz aal}nq aaal-uoilonalsuoo e to luaixe aql aupialap IIIM _ lsl6ololq pa;llenb aql `salllAlloe asagl Aq paganlslp aq of seaae �aom of asolo Allualolllns punol sl lsau anlloe ue 11 Impact Category/ Implementation Responsible Monitoring/ Compliance Mitigation Measures Timing Monitoring Party Reporting Method 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 CULA: Unanticipated Resources. In the event that archaeological During and after City Planning City Planning resources (sites, features, or artifacts) are exposed during construction grading Department, project Department to activities of the project, all construction work occurring within 100 feet of the archaeologist, and document find shall immediately stop until a qualified archaeologist, meeting the consulting tribe(s) to continued Secretary of the Interior's Professional Qualification Standards, can evaluate determine consultation as the significance of the find and determine whether or not additional study is disposition of any needed with tribal warranted. Depending upon the significance of the find under the California unique archeological representatives Environmental Quality Act (CEQA: 14 CCR 15064.5(f): PRC Section resources 21083.2), the archaeologist may simply record the find and allow work to continue. However, if the discovery proves significant under CEQA, additional work, such as preparation of an archaeological treatment plan, testing, or data recovery, may be warranted. GEOLOGY/SOILS/PALEONTOLOGICAL RESOURCES GEO-1: Supplemental Geotechnical Report. Prior to issuance of a grading Prior to issuance Qualified engineer City Engineer shall permit, the project proponent shall retain a qualified geotechnical consultant of a grading shall submit a sign off on the to prepare a supplemental geotechnical investigation as recommended by the permit supplemental supplemental report "Geotechnical Due -Diligence' Investigation" prepared by Albus & Associates, geotechnical report prior to issuance of Inca dated February 6, i2023. The supplemental report shall be certified by the to the City the permit City Engineer as adequate for the purposes of design; permitting, and Engineering construction. Department GEO-2: Conduct Paleontological Sensitivity Training for Construction Prior to the start Developer shall Project Personnel. The project proponent must retain a professional paleontologist, of grading or retain a qualified paleontologist shall who meets the qualifications set forth by the Society of Vertebrate clearing the site paleontologist to prepare a brief Paleontology, to conduct a Paleontological Sensitivity Training for -conduct training of report to the City construction personnel before commencement of excavation activities. The grading and clearing Planning training would include a handout and would focus on how to identify _ staff regarding Department paleontological resources that may be encountered during earthmoving - paleontological summarizing their activities, and the procedures to be followed in such an event; the duties of resources training efforts. paleontological monitors; notification and other procedures to follow upon discovery of resources; and the general steps a qualified professional paleontologist would follow in conducting a salvage investigation if one is necessary: GEO-3: Conduct Periodic Paleontological Spot Checks During Grading During grading Project Project Land Earth -Moving Activities. The project proponent must retain a paleontologist shall aleontolo ist hall Impact Category/ Mitigation Measures Implementation Timing Responsible Monitoring/ Monitoring Party Reporting Method Compliance Verification professional paleontologist, who meets the qualifications set forth ;by the conduct prepare a brief Society of Vertebrate Paleontology, to conduct periodic Paleontological Spot unannounced report to the City Checks beginning at depths below six feet from the surface to determine if checks of project Planning construction excavations extend into older Quaternary deposits. After the clearing and grading Department initial Paleontological Spot Check, further periodic checks would be conducted to assure proper summarizing the at the discretion of the qualified paleontologist. If the qualified paleontologist procedures of GEO- results of their determines that construction excavations have extended into the older 2 are being followed monitoring efforts 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. GEO-4: Cease Ground -Disturbing Activities and Implement Treatment During grading If summoned to the Once notified, the Plan if Paleontological Resources Are Encountered. In the event that site or observes Planning paleontological resources and or unique geological features are unearthed paleontological Department shall during ground -disturbing activities, ground -disturbing -activities the resources, the monitor any - paleontological monitor may halt or divert away from the vicinity of the find so project recovery activities that the find can be evaluated. A buffer area of at least 50 feet must be paleontologist shall in consultation with established around the find where construction activities are not allowed to immediately halt the project continue until an appropriate paleontological treatment plan is approved by grading to evaluate paleontologist the project proponent and the City. Work is allowed to continue outside of the the find and buffer area. The project proponent and City would coordinate with a' determine professional paleontologist, who meets the qualifications set forth by the appropriate action Society of Vertebrate Paleontology, to develop an appropriate treatmentplan based on the find for the resources. Treatment may include implementation of 'paleontological and notify the City salvage excavations to remove the resource along with subsequent laboratory Planning processing and analysis or preservation in place. At the paleontologist's Department discretion and to reduce construction delay, the grading and excavation immediately of the contractor would assist in removing rock samples for initial processing. - discovery GEO-5: Prepare Report Upon Completion of Monitoring Services. If Within 45 days Paleontologist shall The Planning paleontological resources are found, upon completion of the activities of the prepare a summary Department shall identified under Mitigation Measure GEO-4,-the professional paleontolo ist report of monitoring confirm in email or Impact Category/ Implementation Responsible Monitoring/ Compliance Mitigation Measures Timing Monitoring Party Reporting Method Verification would prepare a report summarizing the results of the monitoring and completion of activities, any writing the receipt salvaging efforts, the methodology used in these efforts, and a description of grading resources found, _ of the project the fossils collected and their significance. The report would be submitted to and the disposition paleontologist's the project proponent, the City, the Natural History Museums of Los Angeles of any resources report(s). County, and representatives of other appropriate or concerned agencies to signify the satisfactory completion of the project and required mitigation measures. HAZARDS/HAZARDOUS MATERIALS HAZA: Inadvertent Hazmat :Discovery. Prior to issuance of a grading Prior to issuance Developer shall permit, the project proponent shall retain a qualified environmental ofagrading retain a QEP and professional (QEP) experienced with remediating hazardous materials from permit provide written proof infill urban construction sites. The QEP must be on -call and summoned to the to the City Planning site immediately if any potentially hazardous materials are found during Department 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 During grading Upon notification or effectively identify the potential contaminated materials, including directing observing the any sampling and laboratory testing that may be required. discovery of any If soils are found to be contaminated at levels that are only slightly in excess unknown materials during grading, the of applicable residential standards, the QEP shall exercise professional Project QEP shall discretion and have the option to coordinate with the grading contractor and halt work in that developer to either remove contaminated soil and/or mix the contaminated area and determine soil with clean soil from either onsite or offsite to dilute any contaminants to the identify of the below applicable exposure standards for residential development. material(s). Remediated areas must be retested to assure potential contaminant levels are below applicable residential standards, The results of any testing shall be If any hazardous provided to the City or other agencies as appropriate and no further action is materials are found, needed. Any contaminated soil that must be removed from the site shall be the QEP will done by a licensed contractor and hauled to a landfill approved for such coordinate with the materials. This measure shall be implemented to the satisfaction of the City City, developer, and Community Development Department. 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 Prior to issuance Developer shall Developer shall project site, the developer shall retain qualified licensed environmental of a demolition retain qualified document results of contractor(s) to survey the existing onsite church building and any related permit personnel to survey ACM and LBP structures for asbestos -containing materials (AGMs) and Lead -Based Paints the church buildings survey and what, if Impact Category/ Implementation Responsible Monitoring/ Compliance Mitigation Measures Timing Monitoring Party ReportingMethod Verification (LBPs). If the survey finds the presence of any ACMs or LBPs on the site, the for ACMs and LBP any, remediation contractor(s) shall follow all relevant guidance from affected regulatory and conduct was conducted. agencies (e.g., CaIEPA, SCAQMD, DTSC, County Health Department, etc) appropriate Demolition permit in terms of safe removal and disposal of the contaminated materials as remedtation of such shall not be issued appropriate. The contractor(s) shall prepare and submit a final report to the materials are found- until the City City Community Development Department within 30 days after completion of Planning demolition/removal for ACMs and LBPs on the project site. Department concurs with its findings NOISE NOI-1: Notify Residential Land Uses of Planned Construction Activities. At least two (2) Developer shall Developer shall This notice shall be provided at least two (2) weeks prior to the start of any weeks prior to provide verifiable provide copies of construction activities, describe the noise control measures to be the start of any notice to -local notices, mailing implemented by the project, and include the name and phone number of the construction residential neighbors lists, methods of designated contact for the project proponent and the City of Downey activities within 200 feet of the delivery, and responsible for handling construction -related noise complaints (per MM NOI- project boundaries confirmation of 5). This notice shall be provided to the owner/occupants of residential dwelling of the start of receiving the units within 500 feet of construction work areas: construction notices NOI-2: Restrict Work Hours. All construction -related work activities, During any Developer shall City Inspectors as - including material deliveries, shall be subject to the requirements of City construction- certify to the City appropriate to Municipal Code Section 4.50.100. Construction activities; including deliveries, related activities they are enforcing monitor work hour shall occur only during the hours of 7 AM to 7 PM Monday to Friday and 9 AM on the site the City's work hour limits as necessary to 6 PM on Saturday, Sunday, and holidays. The project proponent restrictions, post representative and/or its contractor shall post a sign at all entrances to the appropriate signs,' construction site informing contractors, subcontractors, other workers, etc. of and place work hour this requirement limits on construction plans NOI-3: Construction Equipment Selection, Use, and Noise Control Prior to and Developer shall City Inspectors Measures. The following measures shall apply to construction equipment during any certify in writing they shall verify this used at the project site: construction will implement these compliance with a. Contractors shall use the smallest size equipment capable of safely activities on the procedures during unannounced completing work activities. site all work activities. inspections during Notes shall be work activities b. Construction staging shall occur as far away from residential land uses as -placed on possible given site and active work constraints. construction plans to c. Electric hook-ups shall be provided for stationary equipment e. um s, p p Y( g�, pumps, this effect and initialed by all sub- compressors, welding sets). If it is not feasible to provide an electric hook- contractors 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- Impact Category/ Implementation Responsible Monitoring/ Compliance Mitigation Measures Timing Monitoring Party Reporting Method 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 During all Developer shall City Inspectors following measures shall apply to project construction activities: project certify to the City shall verify this a. Demolition- Activities shall be sequenced to take advantage of existing construction these measures will compliance with shielding/noise reduction provided by existing buildings or parts of activities as be implemented by unannounced buildings and methods that minimize noise and vibration, such as sawing appropriate all contractors and inspections during concrete blocks, prohibiting on -site hydraulic breakers, crushing or other sub -contractors on the site work activities 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 to the rp_axi.m.um extent site Gonstraints perimeter given 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: Impact Category/ Implementation Responsible Monitoring/ Compliance Mitigation Measures Timing Monitoring Party Reporting Method 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 Prior to issuance Developer, in The City Planning shall prepare a Construction Noise Complaint Plan that shall: of any permit for consultation with Department shall a. Identify the name and/or title and contact information (including phone any construction their noise approve the CNCP number and email) for a designated project and City representative activities consultant, shall prior to issuance of responsible for addressing construction -related noise issues. prepare a CNCP for any work permits review and approval for the project b. Includes procedures describing how the designated project by the City Planning representative will receive, respond, and 'resolve construction noise Department 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. Tribal Cultural Resources TCR-1: Tribal Monitor. The project applicant/lead agency shall retain a Prior to issuance Developer shall Planning Native American Monitor from or approved by the Gabrieleno Band of Mission of a grading submit written Department verify Indians — Kizh Nation. The monitor shall be retained prior to the permit verification of NA signed commencement of any "ground -disturbing activity" for the subject project at all tribal monitoring agreement(s) in projectlocations (i.e., both on -site and any off -site locations that are included agreement(s) place 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 to of any permit necessary commence a ground -disturbing activity. The monitor will complete daily monitoring logs that will provide descriptions During grading Tribal monitor(s) to Planning of the relevant ground -disturbing activities, the type of construction activities observe grading and Department confirm performed, locations of ground -disturbing activities, soil types, cultural -related confirm completion receipt of tribal materials, and any other facts, conditions, materials, or discoveries of to the City Planning completion notice significance to the Tribe. Monitor logs will identify and describe any discovered Department 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 Impact Category/ Implementation Responsible Monitoring/ Compliance Mitigation Measures Timing Monitoring Party Reporting Method 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 During grading Tribal monitor(s) Planning Resources (TCRs), all construction activities in the immediate vicinity of the and/or archaeologist Department confirm discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not communicate tribal notification - resume until the discovered TCR has been fully assessed by the Kizh monitor discovery of and consult with and/or Kizh archaeologist. The Kizh will recover and retain all discovered resources within one monitoring tribe as TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe's hour of discovery to to the disposition of sole discretion, and for any purpose the Tribe deems appropriate, including Planning the discovered for educational, cultural and/or historic purposes. Department resource TCR-3: Human Remains. Native American human remains are defined in During grading Tribal monitor(s) Planning PRC 5097.98 (d)(1) as an inhumation or cremation, - and in any state of and/or archaeologist Department confirm decomposition or skeletal completeness. Funerary objects, called associated communicate tribal notification grave goods in Public Resources Code Section 5097.98, are also to be discovery of remains and consult with treated according to this statute. If Native American human remains and/or within one hour of monitoring tribe as grave goods are discovered or recognized on the project site, then Public discovery to to the disposition of Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 Planning the discovered shall be followed. Human remains and grave/burial goods shall be treated Department remains 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. * This minor change was made to correct an inaccurate statement in the draft IS/MND noise section that the proposed construction 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.