Bell Gardens City Council
July 22, 2024

For the purposes of this CUP, the term "construction" includes any demolition, grading, and construction activities.

73. Prior to Fire Department plan check, plans must be submitted to the City for initial review (i.e., fire sprinkler plans, etc.).

74. The Applicant shall ensure that fire protection facilities, including access, must be provided prior to and during construction. For the purposes of this CUP, the term "construction" includes any demolition, grading, and construction activities.

75. Prior to the issuance of a building permit, the Applicant shall conduct a fire flow test to determine if the existing water line serving the Project has adequate capacity for both potable water and fire flow and submit the results to the City of Bell Gardens Community Development Department. For the purposes of this condition, "building permit" shall have the same definition as Section 9.20.160(D) of the BGMC.

76. Prior to the issuance of a building permit, the Applicant shall submit two (2) sets of architectural plans to the Los Angeles County Fire Prevention Division, Building Plan Check Unit office located at 5823 Rickenbacker Road, Commerce, CA 90040.

Architectural Plans shall include, but not be limited to, a site plan, floor plan, elevations, door and window schedules and appropriate section details. The site plan, floor plan, and elevations shall be consistent with the plans attached as exhibits and incorporated by reference, herein.
77, The Applicant shall comply with all required conditions of approval established by the Fire Department. Additionally, the Applicant shall obtain all required Fire Department approval and permits prior to commencing the construction of the proposed improvements on the Subject Site. For the purposes of this CUP, the term "construction" includes any demolition, grading, and construction activities.

78. The site plan shall show all the existing fire hydrant locations within 300 feet of all property lines.

Public Works Department

79. The Applicant shall remove and replace curb and gutter on Gage Avenue. The Applicant shall be responsible for the cost of replacing any public improvements, including but not limited to removal and reconstruction of curbs, gutters, sidewalks, driveway approaches and streetlights. This condition must be satisfied prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, or equivalent approval.

80. The Applicant shall remove and replace sidewalks on Gage Avenue to ensure ADA compliance to the satisfaction of the Public Works Department. This condition must be satisfied prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent approval.

Exhibit 3 124

Resolution #PC 2024-06

81. The Applicant shall remove and replace any damaged utility boxes within the public ROW. This condition must be satisfied prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent approval.

82. All off -site improvements shall comply with the American Public Works Association (APWA) standard details.

83. The Applicant shall provide documentation showing the continued service of all required utilities, prior to the issuance of a building permit.

Parking Lot/Site Maintenance

84. The Subject Site and adjacent public ROW shall be cleared of all construction debris prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent approval by the Community Development Department.

85. All parking spaces, drive aisles, walkways, shall be free of gouges, ruts, and/or gaps in the paved surface area and shall be maintained in good working order to not constitute a safety hazard to the public.

86. The proposed parking lot area including but not limited to vehicle maneuvering areas within the Subject Site shall be improved with asphalt pavement to the satisfaction of the Community Development Department. Parking lot and public ROW, inclusive of sidewalk areas immediately adjacent to the Subject Site shall be pressure washed quarterly to remove oil stains and maintained clear of trash, debris, and outside storage at all times.

87. All designated parking spaces shall be striped in accordance with the BGMC and provided with concrete wheel stops at the front end of each parking space.

88. Any required ADA truncated domes shall be composed of stamped concrete and shall be a dark gray color.

89. The repair or maintenance of any vehicles on the Subject Site, public ROW such as a street or alley, including but not limited to oil change or adding fluids to vehicles, shall be strictly prohibited. Signs shall be posted throughout the parking lot area stating that repair and maintenance activities at the Subject Site are prohibited. No device shall be loaned by the owner, employee, or patron of the business to assist in this effort.

90. Inoperable vehicles shall not be parked within any designated parking spaces, drive aisle, or public ROW adjacent to the Subject Site at any time.

Exhibit 3 125

Resolution #PC 2024-06

91. Prior to issuance of a building permit, the Applicant shall submit fence/walls plans to the satisfaction of the Director of Community Development Department to the Community Development Department, Planning Division for review and approval in accordance with BGMC Chapter 9.32 (Fence, Walls, and Hedges).

92. Prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof, a suitable, functional design of a new perimeter masonry block wall along the east property line of the Subject Site shall be installed, where applicable, to the satisfaction of the Community Development Department. The existing masonry block wall at the west property line and metal fence at the rear property line of the Subject Site shall be refurbished with materials and colors compatible with the overall Project design. The type and color of the metal fence shall be subject to review and approval by the Community Development Department. All fences and walls on the Subject Site shall be maintained and in good condition at all times.

93. The heights of all new fences shall be measured from the highest finished grade level on either side of the Subject Site's property line.

Miscellaneous

94. The owner of the Subject Site, and the Project Applicant, if different from the property owner, and each of their heirs, successors in interest, and assigns, shall defend, indemnify, and hold harmless the City and its officials, agents, officers, and employees from any and all claims, actions, or proceedings brought by any party to attack, set aside, void or annul, rescind, or otherwise challenge the approval of the Projector the approval of any entitlement related to the Project by the City Council, Planning Commission, or its staff, including but not limited to, environmental determinations.

Such indemnification and hold harmless shall include damages, judgments, settlements, penalties, fines, and defensive costs and expenses, incurred by, or ordered against the City in connection with or arising out of such claims, actions, or proceedings, including but limited to, interest, reasonable attorneys' fees and costs, or expert witness fees, incurred by the City. The City shall promptly notify the Applicant of any claim, action or proceeding and the City and Applicant shall mutually cooperate fully in the defense thereof.

95. The Applicant shall sign, notarize, and return to the Community Development Department an affidavit accepting all conditions of approval of this CUP No. 2023- 077 within fifteen (15) days from the approval of Resolution #PC 2024-06 and CUP No. 2023-077. The Applicant acknowledges and understands that all conditions set forth in this Resolution are conditions precedent to the Commission's grant of approval and failure to comply with any condition contained herein shall render this CUP non -binding as against the City and shall confer the Applicant no legal rights under the law. This conditional use permit shall not become effective unless and until the Applicant returns the fully executed, notarized affidavit to the Community Development Director within the time stated. Failure to comply with this condition Exhibit 3 126

Resolution #PC 2024-06

within the prescribed time period above shall render this CUP null and void.

Exhibit 3 127

RESOLUTION #PC 2024-07

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BELL

GARDENS RECOMMENDING THE ADOPTION OF AN ORDINANCE
APPROVING DEVELOPMENT AGREEMENT NO. 2023-077
WHEREAS, Tak Sato of STIIIZY Bell Gardens, LLC (Applicant), has requested approval of a development agreement (DA) and a conditional use permit (CUP) to develop and operate a storefront cannabis retail business in the City of Bell Gardens (City); WHEREAS, the proposed ordinance would authorize the City to enter into a development agreement to establish certain development rights at 5726 Gage Avenue (Subject Site) in exchange for public benefits for a five (5) year term, with an option for an additional five (5) year extension, by and between STIIIZY Bell Gardens, LLC, Eastern Gage, LLC and the City in connection with a CUP authorizing a cannabis retail use, subject to conditions of approval;
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted Government Code Section 65864 et seq. (Development Agreement Statute), which authorizes the City and an individual with an interest in real property to enter into a development agreement in order to establish certain development rights on real property in exchange for public benefits; WHEREAS, consistent with the requirements of the Development Agreement Statute, the City Council adopted Resolution No. 2023-43 (Development Agreement Procedures) on June 12, 2023, authorizing the use of and establishing the procedures and requirements for the consideration of development agreements within the City; WHEREAS, the Development Agreement Procedures permit a cannabis retail use for a term not to exceed 10 years in exchange for public benefits; WHEREAS, on June 26, 2023, the City Council adopted Ordinance No. 934, which conditionally permits a cannabis retail use within Commercial and Industrial Zones, subject to certain siting requirements and conditions of approval for a term of 18 months unless an applicant executes a development agreement with the City; WHEREAS, the Subject Site is designated within the City's General Plan Land Use Element as Mixed Use (Commercial/Residential) (MU);
WHEREAS, the MU Land Use Element Designation has been concentrated on parts of Eastern Avenue and Gage Avenue and refers to a combination of commercial and residential uses working in tandem;
WHEREAS, the corresponding zone for the MU Land Use Element Designation is the Mixed -Use (M -U) Zone, which conditionally permits a cannabis use, subject to certain locational requirements and development standards and the Subject Site is located within Zone M -U;
Exhibit 4 128

Resolution #PC 2024-07
WHEREAS, the Applicant has applied for a CUP to permit a cannabis retail use at the Subject Site;
WHEREAS, in conjunction with the CUP, the Applicant has requested for a development agreement to permit a cannabis retail use for a term of five (5) years, with an option to extend the term of the development agreement for an additional five (5) year term in exchange for public benefits that shall obligate the Applicant to provide an up -front payment of One Hundred Thousand Dollars ($100,000) upon the effective date of the development agreement, to be renewed on an annual basis as well as the payment of quarterly public benefits in an amount equivalent to 10 percent (10%) of gross receipt sales; WHEREAS, pursuant to the City's Development Agreement Procedures, 80 percent (80%) of the public benefits derived from DA No. 2023-077 shall be dedicated to youth and educational programming and resources for the City's housing programs; WHEREAS, Policy No. 3 of the General Plan Land Use Element provides that the City shall promote compatible commercial development to emphasize commercial identity and to enhance the appearance, potential economic vitality, and revitalization of the commercial areas in the City;
WHEREAS, the Project is consistent with Policy No. 3 because the Project would repurpose a vacant commercial property and provide additional commercial activity along a major corridor within the City limits;
WHEREAS, Policy No. 4 of the General Plan's Land Use Element asserts that the City shall encourage private investment in the City's industrial economic base while ensuring compliance with necessary environmental requirements; WHEREAS, the CUP in conjunction with a DA authorizing the Project for a period of up to 10 years would ensure a long-term commercial conditional use of the Subject Site that is required to comply with all applicable state and local environmental requirements and is therefore consistent with Policy No. 4;
WHEREAS, Policy No. 5 of the Land Use Element requires the City to provide an environment to stimulate local employment, property values, community stability, and the economic vitality of existing local businesses;
WHEREAS, the Project is consistent with Policy No. 5 because it would involve the revitalization of an existing commercial site;
WHEREAS, the DA would facilitate the orderly development of the Subject Site; create a physical environment that would be consistent with and complement the City's goals and visions; protect natural resources from adverse impacts; improve, upgrade, and create additional community facilities and infrastructure, enhance services, and assist in implementing the goals and policies of the General Plan; and reduce the economic risk to Exhibit 4 129

Resolution #PC 2024-07
the surrounding community;
WHEREAS, Government Code Section 65867.5 and the City Development Agreement Procedures require the Bell Gardens Planning Commission (Planning Commission) to conduct a public hearing to review a proposed development agreement; WHEREAS, DA No. 2023-077 incentivizes active participation in the development process based on significant public benefits derived from monetary contributions; such payments would be dedicated to the City's youth and housing programs and could be used immediately to promote the public health, safety, and general welfare of the surrounding community;
WHEREAS, the Applicant acknowledges and agrees that the development agreement would confer substantial private benefits on them that would place burdens on City infrastructure, services, and neighborhoods and that the private benefits provided to the developer should be balanced with commensurate public benefits for the community; WHEREAS, the proposed DA would be connected to and requires compliance with a CUP that clearly outlines specific conditions, requirements, and timelines for the development of the retail storefront facility to help ensure the Applicant remains in compliance with all local, state, and federal regulations, where applicable; WHEREAS, DA No, 2023-077 is designed to facilitate ongoing communication and collaboration between the Applicant who would be licensee and the local community addressing concerns and ensuring the retail storefront aligns with community values and interests;
WHEREAS, the proposed DA promotes balance through the operational flexibility built into the agreement addressing unforeseen challenges or changes in circumstances, allowing for adjustments as needed through City Council approval; WHEREAS, in exchange for an initial five (5) year term, with an option to extend the development rights for an additional five (5) years for a total of 10 years, the Applicant would provide an annual community benefit in the amount of One Hundred Thousand Dollars ($100,000) upon the effective date for the development agreement and renewed on an annual basis and would also be required to pay a quarterly community benefit in the amount that is equivalent to seven percent (7%) of gross receipt sales on a quarterly basis; WHEREAS, the Applicant agrees that the payment of Community Benefits Fees is proportionate to the amount that would be paid in the form of an applicable tax on commercial cannabis activities in the City related to the Project, contributing to a housing fund and youth fund;
WHEREAS, the Project would repurpose an existing building, that would not result in additional floor area, on an already developed commercial property and would operate similarly to other retail operations, be subject to the same development standards as other Exhibit 4 130

Resolution #PC 2024-07
commercial operations, including but not limited to height, setbacks, and parking, but subject to more restrictive locational siting requirements and it can be seen with certainty that the approval and regulation of cannabis retail sales at the Subject Site for a term of up to 10 years would not cause a reasonably foreseeable direct or indirect impact on the environment pursuant to the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) Sections 15061(b)(3) (Common Sense Exemption), and 15301 (Existing Facilities); WHEREAS, pursuant to California Government Code Sections 65854, 65090, and 65091, the Planning Commission duly noticed, agendized, and conducted a public hearing on this matter on June 19, 2024;
WHEREAS, the Planning Commission considered all public comments received both before and during the public hearing, the presentation by City staff, the relevant staff report, and all other pertinent documents related to a proposed ordinance which would result in the approval of DA No. 2023-077 between the Applicant, the Property Owner and the City for a potential term of up to 10 years in exchange for public benefits; and WHEREAS, after the close of such public hearing, the Planning Commission adopted Resolution #PC 2024-07, recommending to the City Council the approval of Ordinance No. 945.

NOW, THEREFORE, THE PLANNING COMMISSION HEREBY RESOLVES, DETERMINES, AND FINDS AS FOLLOWS:
herein.
077:

SECTION 1. The above recitals are true and correct and are incorporated in full, SECTION 2. Pursuant to the Development Agreement Procedures, DA No. 2023-

1. Is consistent with the objectives, policies, general land uses and programs specified in the General Plan;
ii. Promotes the public health, safety, and general welfare; iii. Is just, reasonable, fair, and equitable under the circumstances; and iv. Provides sufficient benefit to the community to justify entering into the agreement.

SECTION 3. The Planning Commission hereby adopts this Resolution recommending to the City Council the approval of DA No. 2023-077 through the adoption of an ordinance and authorizes the City Attorney to make clarifying changes as necessary to effectuate the terms of the DA.

Exhibit 4 131

Resolution #PC 2024-07
. The ilanning Co mission hereby transmits and reco mends to the City Council the approval of an ordinance to authorize sA No. 2023-077 execution.

CTI . The Project is exempt from C
Guidelines Sections 15061(b)(3) (Co mon Sense xemption), and 15301 (Existing Facilities).

A, in accordance with CECA
TI If any portion of this esolution is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
this 19th day of, > ne 2024.
7 MI ≥a ,: L E LA ROSA, CHAIRPERSON
ATTEST:

ERIKA GUTIERREZ, PLANNING RETARY
APPROVED AS TO FORM:

LLOYD PILCHEN, DEPUTY CITY ATTORNEY
Exhibit 4 132

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL
TO:

City of Bell Gardens
City Hall
7100 Garfield Ave.

Be11 Gardens, California 90201
Attn: Office of the City Attorney
(Space above Line for Use by Recorder)
This document is exempt from the
payment of a recording fee pursuant to
Government Code Section 27383
DEVELOPMENT AGREEMENT NO. 2024-077

BETWEEN

THE CITY OF BELL GARDENS
AND
STIIIZY Be11 Gardens, LLC
Exhibit 5 1133

This DEVELOPMENT AGREEMENT ("Agreement") is dated as of , 2024 by and among the City of Bell Gardens (the "City"), STIIIZY Be11 Gardens, LLC ("Developer") and Eastern Gage, LLC (the "Property Owner"). This Agreement shall take effect on the "Effective Date," as this term is hereafter defined. The City, Developer, and the Property Owner may each be referred to herein individually as a "Party" or collectively as the "Parties."

RECITALS
WHEREAS, in 1996, the California State Legislature approved Proposition 215, also known as the Compassionate Use Act ("CUA") (Health and Saf. Code § 11262.5 et seq.) and was intended to enable persons in need of medical marijuana for specified medical purposes, such as cancer, anorexia, AIDS, chronic pain, glaucoma and arthritis, to obtain and use marijuana under limited circumstances and were recommended by a physician. The CUA provides that "nothing in this section shall be construed or supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non -medical purposes";
WHEREAS, in 2004, the California State Legislature enacted the Medical Marijuana Program Act (Health & Saf. Code § 11362.7 et seq.) ("MMP"), which clarified the scope of the CUA, created a state -approved voluntary medical marijuana identification card program, and authorized cities to adopt and enforce rules and regulations consistent with the MMP. Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the MMP to expressly recognize the authority of counties and cities to "[a]dopt local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective" and to civilly and criminally enforce such ordinances;
WHEREAS, on April 25, 2011, this City Council approved a moratorium on the establishment and operation of medical marijuana dispensaries through the adoption of Ordinance No. 840;
WHEREAS, in September 2015, the California State Legislature enacted and Governor Brown signed into law three bills — Assembly Bi11 243, Assembly Bill 266, and Senate Bi11 643 — which together comprise the Medical Marijuana Regulation and Safety Act (the "MMRSA"). The MMRSA created a comprehensive dual state licensing system for the cultivation, manufacture, retail, sale, transport, distribution, delivery, and testing of medical cannabis; WHEREAS, on January 25, 2016, the City Council adopted Ordinance No. 873 to prohibit all commercial cannabis activities citywide, including Cannabis Retail Activities; WHEREAS, in June 2016 the MMRSA was renamed the Medical Cannabis Regulation and Safety Act (the "MCRSA"), under Senate Bill 837, which also made included substantive changes to the applicable state laws, which affect the various state agencies involved in regulating cannabis businesses as well as potential licensees;
WHEREAS, on November 8, 2016, the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA") was approved by California voters as Proposition 64 and became effective on November 9, 2016, pursuant to the California Constitution (Cal. Const., art. II, § 10(a)). Proposition 64 legalized the nonmedical use of cannabis by persons 21 years of age and over, and the personal cultivation of up to six (6) cannabis plants.

Exhibit 5 1234

WHEREAS, AUMA also created a state regulatory and licensing system governing the commercial cultivation, testing, and distribution of nonmedical cannabis, and the manufacturing of nonmedical cannabis products;
WHEREAS, on June 27, 2017, Governor Brown signed the Legislature -approved Senate Bill 94. SB 94 combined elements of the MCRSA and AUMA to establish a streamlined singular regulatory and licensing structure for both medical and nonmedical cannabis activities given that there were discrepancies between the MCRSA and AUMA. The new consolidated provisions under SB 94 are now known as the Medicinal and Adult -Use Cannabis Regulation and Safety Act ("MAUCRSA") to be governed by the California Bureau of Cannabis Control; WHEREAS, on September 16, 2017, Governor Brown signed Assembly Bill 133 into law, which provided cleanup and substantive to MAUCRSA, including the removal of the requirement that licensed premises remain "separate and distinct" for each license type; WHEREAS, MAUCRSA grants local jurisdictions discretion over whether businesses engaged in Commercial Cannabis Activity may operate in a particular jurisdiction and, if authorized, where within such jurisdiction;
WHEREAS, on June 26, 2023, the City Council approved Ordinance No. 934 (i) repeal the prohibition all adult -use Cannabis Activities in the City; and (ii) establish regulations and a discretionary review process for Cannabis Retail Activities, in the M -U (Mixed Use Residential/Commercial, C -S (Commercial. Service and Professional), C-3 (Medium Commercial, C-4 (Heavy Commercial, C -M (Commercial -Manufacturing), and M-1 (Light Industrial) Zones; WHEREAS, Ordinance No. 934 allows persons to engage in permissible Retail Commercial Cannabis Activities upon the City's approval of a conditional use peiniit and issuance of a Business Regulatory Permit, for a term of eighteen (18) months unless Developer executes a development agreement with the City;
WHEREAS, Developer seeks to improve, develop, and/or use real property to operate a Cannabis Retail use in the City, in strict accordance with the California Cannabis Laws, the Bell.

Gardens Municipal Code, and related statutes and regulations, as each may be amended from time to time (the "Project");
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted Government Code Section 65864 et seq. (the "Development Agreement Statute"), which authorizes City and an individual with an interest in real property to enter into a development agreement that establishes certain development rights in real property; WHEREAS, consistent with the requirements of the Development Agreement Statute, City adopted Resolution 2023-43 ("Development Agreement Procedures") authorizing the use of and establishing the procedures and requirements for the consideration of development agreements within the City;
Exhibit 5 1335

WHEREAS, Government Code Section 65865 requires that an applicant for a development agreement hold a legal or equitable interest in the real property that is the subject of the development agreement;
WHEREAS, Developer has a leasehold interest in that certain real property located at 5726 E. Gage Avenue in the City of Bell Gardens, County of Los Angeles, State of California, Assessor's Parcel Number ("APN") 6330-015-024 (the "Site"), upon which Developer seeks to effectuate the Project;
WHEREAS, the Site is more particularly described in the Legal Description attached hereto as Exhibit "A," the Site Plan attached hereto as Exhibit "B," and the Floor Plan attached hereto as Exhibit "C";
WHEREAS, the Site is located within the Mixed -Use Commercial/Residential ("M -U") Zone in the City where Cannabis Retail sales may be conditionally permitted; WHEREAS, Developer affirms that it has a leasehold interest in the Site pursuant to a lease with the Property Owner for the purpose of carrying out the Project; WHEREAS, the Property Owner has provided notarized written consent to: (1) all teitits of this Agreement, including, but not limited to, Sections 6.1 and 9.6 of this Agreement; and (2) and recordation of this Agreement against the title of the Site. Such written consent agreement is attached hereto as Exhibit "D."
WHEREAS, Government Code Section 65867.5 and the City Development Agreement Procedures require the Bell Gardens Planning Commission ("Planning Commission") to conduct a public hearing to review a proposed development agreement; WHEREAS, on , 2024, the Planning Commission, in a duly noticed and conducted public hearing, considered the recommendation of approval of this Agreement to the City Council;
WHEREAS, on , 2024, the Planning Commission recommended City Council. approval of this Agreement, which would allow Developer to operate the Project at the Site; WHEREAS, on , 2024, the Planning Commission also reviewed, considered, and conditionally approved Conditional Use Permit No. pending City Council's approval of this Agreement;
WHEREAS, on , 2024, pursuant to Government Code Section 65867 and the City Development Agreement Procedures, the City Council, following a duly noticed and conducted public hearing, reviewed, considered, and approved Conditional Use Permit No. and reviewed, considered, and adopted a first reading of Ordinance No. and, on , 2024, the City Council approved for second reading and adopted Ordinance No. , authorizing the City's engagement into this Agreement; WHEREAS, this Agreement is entered into pursuant to the Development Agreement Statute and the City's Development Agreement Procedures; WHEREAS, the City and Developer desire to enter into this Agreement to (i) facilitate the orderly development of the Site; (ii) create a physical environment that is consistent with and Exhibit 5 1436

complements City's goals and visions; (iii) protect natural resources from adverse impacts; (iv) improve, upgrade, and create additional community facilities and infrastructure, enhance services, and assist in implementing the goals of the General Plan; and (v) reduce the economic risk of development of the Site to both City and Developer; and WHEREAS, the Parties intend through this Agreement to allow Developer to develop and operate the Project in accordance with the terms of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows:

AGREEMENT
ARTICLE 1

GENERAL PROVISIONS
Section 1.1. Findings. City hereby finds and determines that entering into this Agreement furthers the public health, safety, and general welfare and is consistent with City's General Plan, including all text and maps in the General Plan.

Section 1.2. Recitals. The Recitals above are true and correct and are hereby incorporated into and made a part of this Agreement, in full herein. In the event of any inconsistency between the Recitals and any provision of Article 1 through Article 9 of this Agreement, the particular provision of Article 1 through Article 9 shall prevail.

Section 1.3. Exhibits. The following "Exhibits" are attached hereto and incorporated into this Agreement in their entirety by this reference:

Exhibit "A":

Legal Description
Exhibit "B":

Site Plan
Exhibit "C":

Floor Plan
Exhibit "D"
Property Owner Consent
Exhibit "E"
Security Plan
Exhibit "F"
Conditional Use Permit No. 2023-077
Section 1.4. Definitions. In this Agreement, unless the context otherwise requires, the terms below have the following meanings:
a. "Additional Insured(s)" has the meaning set forth in Section 5.1 of this Agreement. b. "Additional City Approvals" means all ministerial and discretionary permits, licenses, or other similar entitlements, including any modifications or amendments thereto that must be secured by the Developer from the City in order to develop the Project on the Site, in addition to the Conditional Use Permit and the Business Regulatory Permit. c. "Agreement" means this Development Agreement and all Exhibits attached hereto.

Exhibit 5
137

d. "Annual Community Benefits Fees" has the meaning set forth in Section 4.2(b) of this Agreement.
e. "AUMA" has the meaning as set forth in the Recitals, above. f. "Business Day" means any day except for Saturday, Sunday, any holiday that is observed by the City, or day that the City is not closed for business. g. "Business Regulatory Permit" means the business regulatory peliuit, as required in Bell Gardens Municipal Code Chapter 5.12 required for Cannabis Retail Activity issued by the Chief of Police, which can only be issued upon City approval of a Conditional Use Pelniit, State Cannabis License, and Additional City Approvals for each proposed Cannabis Retail. Activity project;
h. "California Building Standards Codes" means the California Building, Mechanical, Plumbing, Electrical, Fire or other similar codes set forth in Title 24 of the California Code of Regulations, as may be adopted by the City, with amendments, and set forth in the Be11 Gardens Municipal Code.
i. "California Cannabis Laws" means AUMA, MAUCRSA, CUA, MMP, and the regulations adopted and promulgated by the State Licensing Authorities pursuant to such laws, as such laws and regulations may be amended from time to time. j. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code. Cannabis and the term "marijuana" may be used interchangeably.
k. "Cannabis Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. Cannabis cultivation, as defined herein, does not include the personal cultivation at a private residence of up to six (6) plants as authorized under state law for personal use.

1. "Cannabis Distribution" means the procurement, sale, and transport of cannabis and/or cannabis products between those persons with requisite state and local government licenses to conduct pe, i,,iissible Commercial Cannabis Activities. m. "Cannabis Manufacturing" means the compounding, blending, extracting, infusing, packaging, label or otherwise making or preparing a cannabis product. n. "Cannabis Product" means cannabis and such products that are intended for use on, or consumption by, an animal. Cannabis products are not considered food as defined in Health and Safety Code Section 109935, a drug as defined in Health and Safety Code Section 109925, or a cosmetic as defined in Health and Safety Code Section 109900.

Exhibit 5 1638

o. "Cannabis Retail Activities" means the retail sale and delivery of cannabis or cannabis products to customers. Delivery of cannabis and cannabis products shall also include the use of a technology platform by a cannabis retailer to conduct the commercial transfer of cannabis and cannabis products.
p. "CEQA" means the California Environmental Quality Act, as set forth in Division 1.3 (Commencing with Section 21000) of the California Public Resources Code, and the CEQA Guidelines as set forth in Title 14 (Commencing with Section 15000) of the California Code of Regulations.
q. "City" means the City of Bell Gardens, a municipal corporation and general law city. r. "City Council" means the City of Bell Gardens City Council. s. "City Development Agreement Procedures" has the meaning set forth in the Recitals, above.
t. "City Manager" means the City Manager of the City of Bell Gardens, or his or her designee(s).
u. "Community Benefits" has the meaning set forth in Section 4.1 of this Agreement. v. "Community Benefits Fund" has the meaning set forth in Section 4.2(c) of this Agreement.
w. "Complaining Party" has the meaning set forth in Section 8.2 of this Agreement. x. "Conditional Use Permit" means a conditional use permit and associated conditions of approval as set forth in Exhibit "F" and incorporated by reference herein, issued by the City to Developer pertaining to Developer's development of the Project, pursuant to Bell. Gardens Municipal Code Chapter 9.20 (Special Uses and Applicable Standards) and Section 9.20.160 (Cannabis Retail -Conditional Use).
y. "Cost Recovery Fees" has the meaning set forth in Section 4.3 of this Agreement. z. "CUA" has the meaning set forth in the Recitals, above. aa. "Days" shall mean calendar days unless otherwise noted. If a calendar day falls on Saturday, Sunday, holiday observed by the City or day in which the City is otherwise closed for City business, the final day shall be the next Business Day. bb. "Defaulting Party" has the meaning set forth in Section 8.2 of this Agreement. cc. "Developer" means STIIIZY Bell Gardens, LLC, which shall reflect the owner or owners listed on the application for Business Regulatory Permit, or any transferee who has been assigned the rights, title, duties, obligations and interests of this Agreement pursuant to Section

9.1. dd. "Development Agreement Statute" has the meaning set forth in the Recitals, above. ee. "Development Agreement Procedures" has the same meaning as set forth in the Recitals, above.

Exhibit 5 139

ff. "Effective Date" has the meaning set forth in Section 1.7 of this Agreement. gg. "Exhibits" has the meaning set forth in Section 1.3 of this Agreement. hh. "Force Majeure" means one or more of the following events: governmental regulations, environmental controls, zoning restrictions, eminent domain proceedings, energy blackouts, war, civil commotions, acts of terrorism, fires, earthquakes, floods, acts of God or other casualty events, strikes, lockouts, unavailability of material or labor, acts of third parties, or similar causes or material interference with Developer's ability to perform its contractual obligations pursuant to this Agreement beyond the reasonable control of Developer. ii. "Gross Receipts" means total revenue received or receivable by the Developer or other occupant on the Site from any Commercial Cannabis Activity on the Site or from operation of the Project on the Site, including: all sales; the total amount of compensation received or receivable for the perfoluiance of any act or service, of whatever nature it may be, for which a charge is made or credit whether or not such act or service is done as part of or in connection with the sale of materials, goods, wares, or merchandise; and gains realized from trading in stocks or bonds, interest discounts, rents, royalties, fees, commissions, dividends, or other remunerations, however designated . Included in "gross receipts" shall be all receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever, except that the following shall be excluded therefrom':

1. Cash discounts allowed and taken on Commercial Cannabis Activity sale;

2. Credit allowed on property accepted as part of the purchase price on Commercial Cannabis Activity and which property may later be sold, at which time the payment of the credit balance on such property shall be included as "gross receipts";

3. Any tax required by law to be included in or added to the purchase price at time of sale or disposition of any Cannabis or Cannabis Product associated with a Commercial Cannabis Activity and collected from the consumer or purchaser;

4. Such part of the sale price of property returned by purchasers in any Cannabis Retail Activity upon rescission of a contract of sale as is refunded either in cash or by credit;

5. Receipts of refundable deposits in any Cannabis Retail. Activity, except that such deposits when forfeited and taken into income of the business shall not be excluded; The intent of this definition is to ensure that in calculating the payments required under Article 4 of this Agreement, all sales related to Cannabis Retail Activity or any other Cannabis and Cannabis Products at the Site or through the Project are captured as Gross Receipts. This definition shall therefore be given the broadest possible interpretation consistent with this intent. jj. "Project" has the meaning as set forth in the Recitals, above. kk. "Property Owner" has the meaning as set forth in introductory paragraph to this Agreement, above.

11. "Marijuana" has the same meaning as Cannabis as defined above, and those terms may be used interchangeably.

Exhibit 5

mm. "MAUCRSA" means the Medicinal and Adult -Use Cannabis Regulation and Safety Act, (Bus. and Prof. Code § 26000 et seq.), as may be amended from time to time, and as additionally set forth in the Recitals, above.
nn. "MCRSA" has the meaning set forth in the Recitals, above. oo. "Mortgage" has the meaning set forth in Section 6.1 of this Agreement. pp. "Non -Payment Penalty" has the meaning set forth in Section 4.7 of this Agreement. qq. "Notice of Non -Payment Penalty" has the meaning set forth in Section 4.7 of this Agreement.
rr. "Planning Commission" means the City of Bell Gardens Planning Commission as described in Bell Gardens Municipal Code Chapter 2.24.
ss. "Project" has the meaning set forth in the Recitals, above. tt. "Quarterly Report" has the meaning set forth in Section 4.6 of this Agreement. uu. "Site" has the meaning as set forth in the Recitals, above. vv. "Site Plan" means site plan that satisfies the requirements set forth in Bell Gardens Municipal Code Section 9.50.020; floor plans; and elevations, inclusive of proposed signage and facade improvements.
ww. "State Cannabis License(s)" means license(s) to conduct Cannabis Retail. Activities issued by a State Licensing Authority to Developer for the Development of the Project on the Site. xx. "State Licensing Authority" means the state agency responsible for the issuance, renewal, or reinstatement of State Cannabis Licenses, or the state agency authorized to take disciplinary action against a business licensed under the California Cannabis Laws. yy. "Term" has the meaning set forth in Section 1.8 of this Agreement.

Section 1.5. Project is a Private Undertaking. The Parties agree that the Project is a private development and that City has no interest therein, except as authorized in the exercise of its governmental functions. City shall not for any purpose be considered an agent of Developer or the Project.

Section 1.6. Applicability of the Agreement. This Agreement does not: (1) grant height, density, intensity or grant uses of that than is otherwise established in the Bell Gardens Municipal Code and Conditional Use Permit; (2) eliminate the need for Additional City Approvals relating to the Project submitted by Developer after the Effective Date of this Agreement; (3) guarantee that Developer will receive any profits from the Project; (4) prohibit the Project's participation in any benefit assessment district that may be generally applicable to surrounding properties; (5) amend the City's General Plan; or (6) amend the Bell Gardens Municipal Code.

Section 1.7. Effective Date of Agreement. This Agreement shall become effective (the "Effective Date") upon the date when all of the following conditions have been satisfied: (i) Thirty (30) days have elapsed since the City ordinance authorizing this Agreement is approved in accordance with state law; (ii) this Agreement has been fully executed by all Parties; and (iii) the Exhibit 5
1�1

evidence of insurance coverage in favor of the City has been provided to the City as set forth in Article 5 of this Agreement.

Section 1.8. Term.
a. The tell _ i of this Agreement (the "Term") shall be five (5) years commencing from the Effective Date.
b. This Agreement may be extended upon the conclusion of such initial five-year period for up to a five-year extension term not to exceed a total of ten (10) years, inclusive of the initial five-year teinl. Any extension shall be at the sole and absolute discretion of the City, provided that the Developer submits written notice of its desire to so extend this Agreement no less than one hundred eighty days (180) days before the expiration of the initial five- year period or any following five-year extension term. The City Manager shall approve the extension in writing no later than ninety (90) days prior to the expiration of the initial five-year period subject to the following conditions: Developer understands and acknowledges the Term of this Agreement may only be extended if Developer is in compliance with the terms and conditions of California Cannabis Laws, this Agreement, the Conditional Use Permit, Additional City Approvals if any, the Business Regulatory Permit, the Be11 Gardens Municipal Code, and State Cannabis License(s) and related rules and regulations at the time the written notice is submitted. Under no circumstances will the City extend the Term of this Agreement if the Developer has been issued written notice of default pursuant to Section 8.2 that has not yet been cured. The City Manager may, in its sole and absolute discretion, may approve a teini extension of less than five (5) years so long as the total number of years, inclusive of the initial five-year terms and extensions, does not exceed a total of ten (10) years. The Parties agree that in the event Resolution No. 2023-043 is amended or revised to allow that the total. Term exceed ten (1.0) years, the Parties may, by mutual agreement further extend the Term of this Agreement to the extent peliuitted pursuant to Resolution No. 2023-043, as provided in Section 1.10.
c. Nothing in this Section 1.8 shall prohibit or otherwise restrict the termination of this Agreement in accordance with Section 1.9.

Developer Initials
Section 1.9. Termination. This Agreement shall terminate upon the occurrence of any of the following events:
a. the expiration of the Term;
b. the Developer no longer has a possessory, legal or other equitable interest in the Site; c. the Developer has ceased all operations related to the Project on the Site for more than sixty (60) consecutive days without documentation of Developer's attempt to commence operationshowever, in the event that operations have ceased due to i) building renovation or repairs that render the building unable to engage in operations, or ii) Force Majeure. Determinations that operations must cease due to building Exhibit 5
i92

renovations or repairs shall be in the sole and absolute discretion of the Building Official and shall not exceed one (1) year so long as Developer provides notice to the City within fifteen (15) business days of the interruption of operations. This notice shall include the reason for the temporary cease in operations and Developer's estimated timeline for reopening;
d. mutual written consent of the Parties;
e. abandonment of Developer's Conditional Use Permit applicable to the Project, or the failure of the Developer to commence operation of the Project on the Site within twelve (12) months following the issuance of a building permit, certificate of occupancy, temporary certificate of occupancy or similar document pursuant to Bell Gardens Municipal Code Section 5.64.040(K);
f. revocation of Developer's Conditional Use Permit due to a failure to abide by its conditions of approval (Exhibit "F"), incorporated by reference herein, pursuant to the process provided in Bell Gardens Municipal Code Section 9.62.010; g.
revocation of Developer's Business Regulatory Permit for the Project, pursuant to Bell Gardens Municipal Code Sections 5.64.050 and 5.12.100, if not appealed by the Developer;
h. City Council upholding of the revocation of Developer's Business Regulatory Permit for the Project, if an initial revocation finding by the Chief of Police is appealed to the City Council by Developer;
i. unauthorized assignment of interest of the Developer in the Project or in the Site pursuant to Section 9.1 of this Agreement;
J•
as set forth in Sections 8.5 and 8.6 of this Agreement; k. upon the occurrence of the entry of a final judgment or issuance of an order of a court with jurisdiction which such judgment or order directs the City to cancel this Agreement, after all appeals have been exhausted, as a result of any lawsuit filed against City to set aside, withdraw or abrogate the approval of the City Council of this Agreement, whereupon such termination, the Parties shall be mutually released from any further liability except as provided in Section 1.12, below.

Section 1.10. Amendment of Agreement. This Agreement shall be amended only by mutual consent of the Parties. All amendments shall be in writing and adopted by ordinance pursuant to the same requirement set forth in the Development Agreement Statute.

Section 1.11. Fees. Developer and Property Owner shall be jointly and severally liable for the payment to the City of all Cost Recovery Fees, Community Benefit Fees, penalties and interest, and any other applicable fees when due, including but not limited to development impact fees, payable to the City related to Developer's development and operation of the Project on the Site, and the fees referenced in Article 4 of this Agreement.

Exhibit 5
143

Section 1.12. Survival of Certain Terms. The rights and obligations of the Parties which arise under Sections 1.11, 5.5, 5.6, 5.7, 5.8, 9.2, 9.3, 9.4, and 9.6 of this Agreement and any right or obligation of the Parties in this Agreement, which, by its express terms or nature and context is intended to survive teiuiination of this Agreement, will survive any such termination.

ARTICLE 2

DEVELOPMENT OF THE PROPERTY
Section 2.1. Right to Develop. During the Term of this Agreement, Developer shall. have the right to develop the Project on the Site, consistent with terms and conditions of California Cannabis Laws, this Agreement, the Conditional. Use Permit, Additional City Approvals if any, the Business Regulatory Peuuit, the Bell Gardens Municipal Code, and State Cannabis License(s).

Section 2.2. Permitted Uses and Operational Requirements. During the Term, Developer shall be permitted to develop, construct, and use the Site to carry out the Project, including for Cannabis Retail Activities, consistent with California Cannabis Laws, this Agreement, the Conditional Use Permit, Additional City Approvals, the Business Regulatory Permit, the Bell. Gardens Municipal Code, and State Cannabis Licenses. Other commercial cannabis activities, including but not limited to Cannabis Cultivation, Cannabis Manufacturing, Cannabis Testing, and Cannabis Distribution are strictly prohibited. Further, subject to any limitations or prohibitions under state law, Developer shall reimburse the City within thirty (30) days following the receipt of a suitable detailed written invoice from the City for any and all of the City's costs related to any emergency services response of the City to the Site (e.g., police and/or fire services) resulting from the Developer's intentional neglect or violation of any Conditional Use Permit Condition or Business Regulatory Permit.

Section 2.3. Additional Entitlements, Approvals, and Permits. Successful. implementation of the Project may require the Developer to obtain additional approvals and permits from City and other local and state agencies ("Additional. City Approvals"). In connection with the consideration and issuance of any such Additional City Approval which is not ministerial in nature, the City reserves its discretion under the police power to approve, conditionally approve, or deny the issuance of each City Additional Approval. City shall comply with CEQA in the administration of all Additional City Approvals.

Section 2.4. Conditional Use Permit. Pursuant to Bell Gardens Municipal Code Chapter 9.20 and Section 9.20.160, Developer has obtained the necessary approvals pending the approval of this Agreement, to engage in Cannabis Retail Activities pertaining to the Project on the Site through the issuance of a Conditional Use Permit. Developer and Property Owner shall adhere to all of the conditions of approval set forth in Conditional Use Pelniit No. incorporated by reference herein (Exhibit "F"). Failure to comply with such conditions of approval shall constitute a breach of this Agreement.

Section 2.5. Business Regulatory Permit. Pursuant to Bell Gardens Municipal Code Section 5.64.020(B), Developer shall not engage in Cannabis Retail Activities at the Site without first obtaining a Business Regulatory Permit in accordance with Section 5.64.030 of the Bell Gardens Municipal Code.

Section 2.6. State Cannabis Licenses. Pursuant to California Cannabis Laws and Bell.

Gardens Municipal Code Section 5.64.030(C), Developer shall not engage in the peiuiitted uses set forth above pertaining to the Project on the Site without first obtaining State Cannabis Licenses to conduct Cannabis Retail Activities on the Site.

Exhibit 5
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Section 2.7. Security Plan. In accordance with the application requirements for a Conditional Use Permit, Developer has submitted a security plan for the operation of a Cannabis Retail facility, as set forth in fuller detail in Exhibit "E." Developer represents that the security plan includes provisions for licensed security guards as required by Section 5.64.040(C) of the Bell Gardens Municipal Code, video surveillance, cash handling procedures, internal accounting controls, product handling and storage procedures, and a professional monitored alarm system. a. Video surveillance shall include, at a minimum, all site and facility entrances; all. spaces accessible by the public, including points of sale; cash storage areas; and other areas necessary to protect the safety of employees and the public to ensure that Cannabis and Cannabis Products are received, handled, stored and sold in compliance with California's Cannabis Laws, the Bell Gardens Municipal Code, the Conditional Use Permit and other applicable conditions as may be imposed by the City or any other local or state regulatory authority. b. Third -party security guards shall be properly trained and licensed by the Department of Consumer Affairs. Security may be armed so long as property licensing and insurance requirements are followed and met by the third -party operator providing such security services and such documentation is provided to the City in accordance with Section 9.2.

Section 2.8. Odor Control. The Site shall have ventilation and filtration systems installed that prevent Cannabis odors from exiting the interior of the structure. The ventilation and filtration system shall be approved by the Building Official and installed prior to commencing operations within the allowable structure. Facility air intake, exhaust and recirculating system shall be of industrial grade. Activated charcoal, recirculating, and closed loop aeration systems shall be utilized as necessary for effective odor control and management.

ARTICLE 3

APPLICABLE RULES, REGULATIONS, AND OFFICIAL POLICIES
Section 3.1. Rules on Permitted Uses. Unless otherwise provided in this Agreement, the City's ordinances, resolutions, rules, regulations, and official policies governing the permitted uses of the Site and the maximum height, bulk, and size of proposed buildings related to the Project on the Site shall be those in force and effect at the time of the City's approval of this Agreement.

Section 3.2. Rules on Design and Construction. Unless otherwise provided in this Agreement, the ordinances, resolutions, rules, regulations, and official policies governing the design, improvement, and construction standards and specifications applicable to the Project shall be those in force and effect at the time of the City's approval of this Agreement for the operation of the Project at the Site.

Section 3.3. Uniform Codes Applicable. Unless otherwise provided in this Agreement, the Project shall be improved and constructed in accordance with the provisions of the California Building Standards Codes in effect at the time as of the time that the development project application to the City for such permit was deemed complete by the City.

Section 3.4. Changes mandated by Federal or State Law. The Site and Project shall be subject to subsequently enacted state or federal laws or regulations that may preempt the Bell Gardens Municipal Code, or mandate the adoption or amendment of local regulations, or are in conflict with this Agreement or local rules or guidelines. As provided in Section 65869.5 of the Exhibit 5
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Development Agreement Statute, in the event state or federal laws or regulations enacted after the Effective Date prevent or preclude compliance with one or more provisions of this Agreement, such provisions of this Agreement shall be subject to modification or suspension by the Parties as provided in this Section 3.4. as may be necessary to comply with such state or federal laws or regulations. Upon a Party's discovery of a subsequently enacted federal or state law meeting the requirements of this Section, such Party shall provide the other Parties with written notice of the state or federal law or regulation, and a written statement of the conflicts thereby raised with the provisions of the Bell Gardens Municipal Code or this Agreement. Promptly thereafter, the Parties shall meet and confer in good faith in a reasonable attempt to modify this Agreement, as necessary, to comply with such federal or state law or regulation provided City shall not be obligated to agree to any modification materially increasing its obligations or materially adversely affecting its rights and benefits hereunder. In such discussions, the Parties shall attempt to preserve the terms of this Agreement and the rights of Developer derived from this Agreement to the maximum feasible extent while resolving the conflict. If City, in its judgment, deteluiines it necessary to modify this Agreement to address such conflict, City shall have the right and responsibility to do so, and shall not have any liability to Developer for doing so or be considered in breach or default of this Agreement. City also agrees to process, in accordance with the provisions of this Agreement, Developer's proposed changes to the Project that are necessary to comply with such federal or state law and that such proposed changes shall be conclusively deemed to be consistent with this Agreement without further need for any amendment to this Agreement, pursuant to Section 1.10.

Section 3.5. Health and Safety Emergencies. In the event that any future public health and safety emergencies arise with respect to the Project, City agrees that it shall attempt, if reasonably possible as deteiiiiined by City in its discretion, to address such emergency in a way that does not have a material adverse impact on the Project. If City determines, in its discretion, that it is not reasonably possible to so address such health and safety emergency, to select that option for addressing the situation which, in City's discretion, minimizes, so far as reasonably possible, the impact on development and use of the Project in accordance with this Agreement, while still addressing such health and safety emergency in a manner acceptable to City.

Section 3.6. Reservation of Authority. Any other provision of this Agreement to the contrary notwithstanding, the development and operation of the Project shall be subject to new or modified ordinances, resolutions, rules, regulations, and official policies which may take effect following the Effective Date related to the following:
a. Cost Recovery Fees imposed on the Developer by the City, which are charged by the City to cover its actual and reasonable expenses incurred in processing permits, licenses, and other entitlements, and inquiries and requests made by Developer or Property Owner, related to the Project, administering its cannabis -related ordinance with regard to the Project, and monitoring legal compliance of the Project on the Site, including, but not limited to compliance with the Conditional Use Permit, Business Regulatory Permit, building and safety -related inspections by the City and financial audits and shall include staff time, legal fees, and consultant fees;
b. Procedural regulations related to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and other similar procedural matters, including but not limited to procedures to revoke or terminate any interest or rights associated with the Project; and
Exhibit 5
c. Regulations, including, but not limited to, the California Building Standards Codes, necessary to protect the public health and safety so long as such regulations are generally �6

applicable and do not impose a severe and significant financial burden on the Developer or materially delay the development or carrying out of the Project as contemplated in this Agreement.

ARTICLE 4

COMMUNITY BENEFITS, COST RECOVERY, RECORDKEEPING, REPORTING,

AND PROCESSING
Section 4.1. Intent. The Parties acknowledge and agree that this Agreement confers substantial private benefits on the Developer that will place burdens on City infrastructure, services, and neighborhoods and that the private benefits provided to the developer should be balanced with commensurate with "Annual Community Benefits Fees" and "Quarterly Community Benefits Fees" for the community (collectively, "Community Benefits").

Section 4.2. Community Benefits. In addition to Developer's obligation to reimburse the City for certain costs through its Cost Recovery Fees, Developer shall be obligated to pay to the City the "Community Benefit."
a. "Quarterly Community Benefits Fees." Within fifteen (15) days following the conclusion of each City fiscal year quarter following the City's issuance of a Business Regulatory Pezmit for the Project, Developer shall pay the City a sum of money which is equivalent to seven percent (7%) of Gross Receipts for the preceding quarter.
b. "Annual Community Benefits Fees." Developer shall make a payment to the City in the amount of One Hundred Thousand Dollars ($100,000) on or before the Effective Date of this Agreement. Each following calendar year, the Developer shall make further payments to the City in the amount of One Hundred Thousand Dollars ($100,000) no later than January 15`h of each subsequent calendar year. c. In accordance with the Development Agreement Procedures, no less than eighty percent (80%) of the Community Benefits shall be deposited into a dedicated account set up by the City ("Community Benefits Fund"). Expenditures from the Community Benefits Fund shall be dedicated to youth and educational programming and resources for the City's housing programs, as detailed below. All projects funded in part or in whole by the Community Benefits Fund shall be subject to City Council approval.
i. Public benefits for youth and educational programming shall be dedicated to the City's Recreational Department and be utilized for but not limited to youth programming, after -school programs, sports programming, personal enrichment classes or capital improvements on City -owned properties. ii. Public benefits for the City's housing programs shall be dedicated toward the Community Development Department and shall be utilized for housing programming and long-range planning, including but not limited to affordable housing, rent stabilization and tenant protection efforts and other planning efforts.

Section 4.3. Cost Recovery Fees. Developer shall be responsible for the processing and monitoring costs related to the Project, including the processing and execution of this Agreement.

Exhibit 5
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a. Processing Fees. Processing fees shall include the direct and indirect costs that the City incurs in reviewing, processing and executing the Conditional Use Permit, this Agreement, and Additional City Approvals, including without limitation, staff time, legal fees, and consultant fees.
b. Monitoring Fees. Monitoring fees shall include the direct and indirect costs that the City incurs in inspecting, monitoring, investigating, and conducting compliance and enforcement actions for the purpose of confirming that the Project is in accordance with the terms of this Agreement, conditions of approval associated with the Conditional Use Permit, the operating procedures set forth in Chapter 5.64 of the Be11 Gardens Municipal Code and Business Regulatory Peliiiit, the Bell Gardens Municipal Code, and California Cannabis Laws.
c. Billing and Payment. The City shall submit an invoice to Developer for Cost Recovery Fees on or before the fifth day of each month following the Effective Date of this Agreement. Owner shall pay the invoice within thirty (30) days of the date of the invoice issuance. Failure to timely pay Cost Recovery Fees shall be subject to the penalties and interest set forth in Sections 4.7 and 4.8 of this Agreement.

Section 4.4. Statement of Receipts/Audits. Developer shall keep complete, accurate and appropriate books and records of all receipts from operations in accordance with generally accepted accounting principles for a minimum of five (5) years. For purposes herein, "books and records" shall mean all bookkeeping or accounting documents Developer typically utilizes in managing its business operations relating to the Project. Such books and records, as well as all other relevant documents as the City Manager may reasonably require, shall, upon reasonable written notice, be open for inspection by the City, its auditors or other authorized representatives.

If any time during the term such books and records prove inadequate in the reasonable judgement of City to record the Gross Receipts from Project operations as required herein, Developer shall, upon written request by the City, procure and maintain such books and records as shall be the character and from adequate for such purpose. City shall have the right to audit and examine such books, records, and documents at any time upon reasonable request by the City, to the extent necessary for proper deteluiination of Gross Receipt from Project operations, and all such books, records, documents, and other items shall be held available for such audit and examination.

Section 4.5. Tax Filings. Developer shall provide City with a courtesy copy of each and every report that Developer is required to provide to the County of Los Angeles and the California Department of Tax and Fee Administration for sales, use, and other tax purposes at the time such filings are made.

Section 4.6. Quarterly Reports. In addition to the recordkeeping requirements set forth in this Agreement, within twenty (20) days following the conclusion of each City fiscal year quarter following the City's issuance of a Business Regulatory Permit for the Project, Developer shall submit a written "Quarterly Report" to the City Community Development Director showing:
a. Gross Receipts for the immediate prior City fiscal quarter received by the Developer; and
b. A calculation of Quarterly Community Benefits Fees due to the City from Developer for the immediate prior City fiscal quarter.

Exhibit 5

Section 4.7. Non -Payment Penalty. If Developer fails to make a timely payment concerning Community Benefits Fees or Cost Recovery Fees, as required by this Agreement, the City may impose a "Non -Payment Penalty." A Non -Payment Penalty of one percent (1%) shall be applied to all past due Community Benefits Fees or Cost Recovery Fees. The City shall deliver to Developer a "Notice of Non -Payment Penalty." Payment of the past due Community Benefits or Costs Recovery Fees, as applicable, and Non -Payment Penalty shall be in a single installment due on or before a date fifteen (15) days following delivery of the Notice of Non -Payment Penalty.

Section 4.8. Interest on Unpaid Non -Payment Penalty. If Developer fails to pay the Non -Payment Penalty after City has delivered the Notice of Non -Payment Penalty, then, in addition to the principal amount of the Non -Payment Penalty, Developer shall pay City interest at the rate of eighteen percent (18%) per annum, computed on the principal amount of the Non - Payment Penalty, from a date fifteen (15) days following delivery of the Notice of Non -Payment Penalty.

Section 4.9. Recordkeeping. Records for Community Benefit Fees shall be maintained in accordance with California Cannabis Laws.

Section 4.10. City Cannabis Tax. Should the City voters enact a tax or taxes applicable to the Developer with regard to it carrying out of Cannabis Retail Activities in the City, the Parties shall meet and confer in good faith to amend this Article in light of such tax, pursuant to Section

1.10 of this Agreement.

ARTICLE 5

INSURANCE AND INDEMNIFICATION
Section 5.1. General Liability Insurance. Developer shall maintain comprehensive general liability insurance issued by a California admitted insurance carrier whose Best Insurance Guide, current edition insurance rating is not less than "B+(vii)" with a per -occurrence combined single limit of not less than Two Million Dollars ($2,000,000) with a claim deduction not more than One Hundred Thousand Dollars ($100,000) per claim. Such insurance policy shall name the City and City's elected and appointed councils, boards, commissions, legislative bodies, officials, employees, and representatives as "Additional Insureds" by endorsement with respect to the performance of this Agreement and shall include either a severability of interest clause or cross - liability endorsement and other customary and reasonable endorsements and provisions approved by the City's Risk Manager.

Section 5.2. Commercial Property Insurance. Developer shall maintain commercial property insurance with coverage in an amount not less than $1,000,000 per occurrence, and $2,000,000 general aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Such insurance policy shall name the City and City's elected and appointed councils, boards, commissions, legislative bodies, officials, employees, and representatives as "Additional.

Insureds" by endorsement with respect to the performance of this Agreement and shall include either a severability of interest clause or cross -liability endorsement and other customary and reasonable endorsements and provisions approved by the City's risk manager.

Section 5.3. Workers' Compensation Insurance. Developer shall maintain workers' compensation insurance for all its employees employed at or on the Project. Developer shall require each contractor and subcontractor working at or on the Project to provide workers' Exhibit 5
��9

compensation insurance for its respective employees. Developer indemnification of City set forth in Section 5.5 of this Agreement shall apply to Developer's failure to maintain any such insurance.

Section 5.4. Evidence of Insurance. Evidence of the insurance in favor of the City required under Section 5.1 shall be provided to the City's Risk Manager as of the Effective Date.

Thereafter, no Business Regulatory Permit for the Project shall be valid unless and until. Developer furnishes satisfactory evidence of the other insurance required in Article 5 of this Agreement.

Current certification of insurance shall be kept on file with the City for the contract period and any additional length of time required thereafter. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. In each case, the evidence of insurance provided to the City shall include satisfactory evidence that the insurance carrier shall give the City at least fifteen (15) days' prior notice of the cancellation or reduction in coverage of each policy of insurance required in Article 5 of this Agreement.

Section 5.5. Indemnification. The Developer and Property Owner, jointly and severally, agree to indemnify, defend with counsel acceptable to City, and hold harmless the City and City's elected and appointed councils, boards, commissions, legislative bodies, officials, employees, and representatives from any and all claims, costs (including legal fees and costs), or liabilities of any kind arising out of or connected to any act or omission of Developer, Property Owner, or Developer's or Property Owner's contractor, subcontractor, agent, or representative related to its establishment or operation of the Project or arising out of or related to the approval or issuance of any permit, license, or approval by the City for the Project, except to the extent such claims, costs, and liabilities are caused by the sole negligence or willful misconduct of the City.

Developer Initials Property Owner Initials
Section 5.6. Cooperation in Event of Legal Challenge. Developer and Property Owner shall defend and indemnify the City and the City's elected and appointed councils, boards, commissions, legislative bodies, officials, employees, and representatives from any claim, action, liability, or proceeding that seeks to attack, set aside, void, or annul the Project or any of the proceedings, acts, or determinations taken, done, or made as a result of the City's processing and approval of the Project. Developer and Property Owner's obligation to defend and indemnify the City hereunder shall apply to any lawsuit or challenge alleging failure to comply with the requirements of any federal, state, or local law, including, but not limited to, general plan and zoning requirements and the CEQA. Developer and Property Owner's obligations under this Section 5.6 shall include, but not be limited to, payment of all court costs and attorneys' fees, all litigation -related costs, all costs of judgments and awards against the City, and all settlement costs, which arise out of the City's processing and approval of the Project. The City shall notify the Developer and Property Owner promptly of any claim, action, or proceeding and reasonably cooperate in the defense. Upon receipt of such notification, the Developer and Property Owner shall assume the defense of the claim, action, or proceeding, including the employment of counsel satisfactory to the City, which approval shall not be unreasonably withheld. In the event of a disagreement between the Parties over litigation issues, the City shall have the authority to control the litigation and make litigation decisions for the City, including, but not limited to, settlement, or other disposition of the matter. If the City reasonably determines that having common counsel would create a conflict of interest between itself and Developer and/or Property Owner, then the City may hire counsel for its own defense, and Developer and Property Owner shall jointly and severally pay the City the reasonable attorneys and costs of such counsel within thirty (30) days Exhibit 5
i §0

after receiving an itemized invoice from the City. Developer and Property Owner shall further pay for all costs and fees related to any additional investigation or study, or for supplementing or revising any document, including, without limitation, environmental documents for the Project.

Section 5.7. Failure to Indemnify. The failure of Developer or Property Owner to indemnify the City, as required by this Agreement, shall constitute a material breach of this Agreement and of any applicable Conditional Use Permit, Business Regulatory Peuuit, and Additional City Approvals, which shall entitle the City to all remedies available under law, including, but not limited to, specific performance and damages. Failure to indemnify shall constitute grounds upon which the City may rescind its approval of any entitlement, permit, or license related to the Project, or any portion thereof, and a waiver of Developer or Property Owner's right to file a claim, action, or proceeding against the City and City's elected and appointed councils, boards, commissions, legislative bodies, officials, employees, and representatives based upon the City's rescission or revocation of any applicable Conditional. Use Permit, Business Regulatory Peuuit, and Additional City Approvals, or City's failure to defend any claim, action, or proceeding based upon Developer or Property Owner's failure to indemnify the City.

Section 5.8. Waiver of Damages; Referendum. Notwithstanding anything in this Agreement to the contrary, the Parties acknowledge that City would not have entered into this Agreement had it been exposed to liability for damages from the Developer and, therefore, the Developer and Property Owner hereby waive all claims for damages against City for breach of this Agreement. The Developer and Property Owner further acknowledge that under the Development Agreement Statute, land use approvals (including development agreements) must be approved by the City Council and that, under law, the City Council's discretion to vote in any particular way may not be constrained by contract. The Developer and Property Owner therefore waive all claims for damages against City in the event that this Agreement or any Project approval is: (1) not recommended for approval or approved by the Planning Commission, City Council (as the case may be); or (2) is approved by the City Council, but with new changes, amendments, conditions, or deletions to which Developer and/or Property Owner is opposed. Developer further acknowledges that, as an instrument which must be approved by ordinance, this Agreement is subject to referendum; and that, under law, the City Council's discretion to avoid a referendum by rescinding its approval of the underlying ordinance may not be constrained by contract, and Developer and Property Owner waive all claims for damages against City in this regard.

Section 5.9. Initiative Measures/Moratoria. The Parties intend this Agreement to be a legally binding contract which shall be exempt from any initiative measure or land use moratorium affecting the consideration and approval of parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements to use approved, issued or granted within the City. This Agreement shall apply to the Project to the extent such initiative measure or municipal moratorium or other limitation is inconsistent or in conflict with this Agreement. Should an initiative measure or moratorium or other limitation be enacted by the citizens of City which would preclude construction of all or any part of the Project, and to the extent such initiative, measure, moratorium, referendum, statute, ordinance, or other limitation be determined by a court of competent jurisdiction to invalidate or prevail over all or any part of this Agreement, neither Developer nor Property Owner shall have recourse against City pursuant to this Agreement for damages. The foregoing shall not be deemed to limit right of Developer or Property Owner to appeal any such determination that such initiative measure, moratorium, or other limitation invalidates or prevails over all or any part of this Agreement. The City agrees to cooperate with Developer or Property Owner in all reasonable manners in order to Exhibit 5
�1

keep this Agreement in full force and effect, provided that Developer or Property Owner shall, jointly and severally, be obligated to reimburse the City for its actual and reasonable expenses incurred directly in connection with such cooperation and the City shall not be obligated to institute a lawsuit or other court proceedings in such cooperation.

Section 5.10. Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy.

ARTICLE 6

MORTGAGEE PROTECTION
Section 6.1. Mortgagee Protection. This Agreement, once executed and recorded, shall be superior and senior to any lien placed upon the Site and any portion thereof following recordation of this Agreement, including the lien of any deed of trust or mortgage ("Mortgage").

Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value.

ARTICLE 7

ANNUAL REVIEW
Section 7.1. Annual Review. During the Term of this Agreement, the City shall. annually review Developer's good faith compliance with this Agreement. This periodic review shall be limited in scope to good faith compliance with the provisions of this Agreement, Conditional Use Permit and its associated conditions of approval, Business Regulatory Permit, California Cannabis Laws, the Bell Gardens Municipal Code and related statues and regulations.

Developer shall bear the burden of demonstrating good faith compliance with the foregoing requirements.

Section 7.2. Timing of Annual Review. No later than thirty (30) days prior to the yearly anniversary of the Effective Date of this Agreement, Developer shall submit to the Community Development Director evidence of compliance pursuant to Section 7.1 above. The City reserves the right to request additional information necessary to demonstrate Developer's good faith compliance. The Community Development Director or his or her designee shall report to the Planning Commission its determination of compliance through the submission of a staff report with a determination as to the Developer's compliance, to be considered at a future Planning Commission hearing. If the Community Development Director determines that Developer is in Default pursuant to Section 8.1, the City shall follow the procedures provided pursuant to Article

8. Section 7.3. Staff Reports. To the extent practical, the City shall deliver to the Developer a copy of all staff reports and related exhibits concerning the Developer's performance under the Agreement within three (3) Business Days preceding Planning Commission review.

Section 7.4. Fee for Annual Review. The reasonable cost for the City's annual review of this Agreement shall be paid by Developer, not to exceed the actual costs incurred by the City in connection with such review, inclusive of those costs incurred by consultants and legal fees as a part of Cost Recovery Fees. The Developer shall pay such costs to the City within thirty (30) days following the receipt of a written invoice from the City.

Exhibit 5
?Y2

ARTICLE 8

DEFAULT, REMEDIES, AND ESTOPPEL CERTIFICATES
Section 8.1. Default. The failure of either Party to perform any obligation or duty under this Agreement within the time required by this Agreement shall be a default and after the giving of notice and the passage of the applicable amount of time, such a default shall constitute an event of default.

Section 8.2. Notice. The "Complaining Party" may not assert that an event of default has occurred against the "Defaulting Party" unless the Complaining Party has first given written notice to the Defaulting Party, specifying the nature of the default and the manner in which the default may be cured, if known to the Complaining Party. Any failure or delay by the Complaining Party in giving such notice shall not waive such default or waive any of the Complaining Party's remedies.

Section 8.3. Cure. The Defaulting Party shall have thirty (30) days from the receipt of notice to cure the default except as provided in the next sentence. In the case of non -monetary defaults, if the default cannot be reasonably cured within such time, the default shall be deemed cured if:
a. The cure is commenced at the earliest practicable date following receipt of notice; b. The cure is diligently prosecuted to completion;
c. At the earliest practicable date (but in no event later than ten (10) days after receiving the notice of default), the Defaulting Party provides written notice to the Complaining Party that the cure cannot be reasonably completed within such thirty (30) day period; and
d. The default is cured at the earliest practicable date, but in no event later than ninety (90) days after receipt of the first notice of default.

However, in the case of a monetary default (e.g., failure to make the payments to the City of fees or other costs required under this Agreement), any such default must be cured by the payment of the amount demanded within such thirty (30) day period.

Section 8.4. Failure to Cure Default Procedures. If after the cure period has elapsed, the City Manager finds and determines that Developer remains in default and that the City intends to teliuinate or modify this Agreement, the Community Development Director shall make a report to the Planning Commission and then set a public hearing in accordance with the local and state notice and hearing requirements. If after public hearing, the Planning Commission finds and determines, on the basis of substantial evidence that Developer remains in default and that the City intends to telniinate or modify this Agreement, the Developer shall be entitled to appeal that to the City Council.

Section 8.5. Appeals to City Council. If Developer wishes to appeal the Planning Commission's determination pursuant to Section 8.4, such appeal shall be taken within fourteen (14) days after notice of the determination is effectuated pursuant to Section 9.2 of this Agreement.

The City Council shall act upon the Planning Commission's determination within sixty (60) days of the appeal. The failure by City Council to act within this prescribed time period shall not be Exhibit 5
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deemed to be a denial or approval of the appeal and shall remain pending until final City Council. action.

Section 8.6. Remedies. If the Defaulting Party fails to cure a default in accordance with the foregoing, an event of default shall be deemed to have occurred and the Complaining Party shall have the right to seek all appropriate remedies, at law or in equity, including specific performance, modification or termination of this Agreement without further or separate notice to the Defaulting Party.

Section 8.7. Estoppel Certificates.
a. City shall, upon not less than thirty (30) days prior written notice, execute, acknowledge, and deliver to Developer, Developer's lender, potential investors, or assignees an estoppel certificate in writing which certifies that this Agreement is in full force and effect, that there are no breaches or defaults under the Agreement except as described in such estoppel certificate, and that the Agreement has not been modified or teiiliinated and is enforceable in accordance with its terms and conditions.
b. The City may recover its actual and reasonable costs and attorneys' fees in connection with the timely dealing of any such estoppel certificate. City shall provide Developer with a written invoice of such costs to be paid by Developer within thirty (30) days of issuance.

ARTICLE 9

ADDITIONAL GENERAL/MISCELLANEOUS PROVISIONS
Section 9.1. Assignment.
a. City Council Approval. Required. Developer shall not have the right to sell, assign, or transfer all or any part of its rights, title, duties, obligations, and interests in all or a portion of Site, or Project, subject to or a part of this Agreement, to any individual, film, corporation, partnership, or entity during the Teliu of this Agreement without the advance approval by the City Council through a majority vote. This assignment prohibition also applies to the corporate and business entities of Developer that are a Party to this Agreement. Developer shall initiate a request for the sale, assignment, or transfer of the rights, title, duties, obligations and interests in the Site or Project that is part of this Agreement by submitting a written request to the City Manager. The proposed transferee must provide evidence and any other documents required by the City to evidence compliance with California Cannabis Laws, the Bell Gardens Municipal Code and their related statutes and regulations and any other information deemed necessary to effectuate the transfer. b. Escrow Account. When making a written request to City Manager for the assignment of rights pursuant to this Agreement, Developer shall open an escrow account and deposit an amount of five thousand dollars ($5000) into the escrow account. If the direct and indirect costs of staff time, consultant fees, legal fees and other costs exceed the deposited amount prior to a City Council vote pursuant to subsection (a) above, the City reserves the right to require Developer to deposit an additional five thousand dollars ($5000) into the escrow account to cover direct and indirect costs. Any unused fees remaining in the escrow account following the City Council vote shall be returned to Developer no later than thirty (30) days after the City Council action.

Exhibit 5
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c. Renegotiation of Community Benefits. The City reserves the right to renegotiate Community Benefits with the proposed transferee pursuant to Article 4. d. Effectuation of Assignment. Any sale, assignment, or transfer of the rights, obligations, or interests in this Agreement shall only be effective upon the issuance of a Business Regulatory Permit to the party to whom such sale, assignment, or transfer is made as required by Chapter 5.12 and Section 5.64.020 of the Bell Gardens Municipal Code. Any assignment or transfer prohibited by this Agreement will be considered an immediate material breach of this Agreement and City may elect to immediately terminate this Agreement.
e. Assumption of Obligations. Upon the effectuation of an assignment pursuant to subsection (d) above, the transferee shall expressly and unconditionally assume all. rights and obligations of the Developer pursuant to this Agreement.

Section 9.2. Notices. A11 notices peuiiitted or required under this Agreement shall be given to the respective Parties must be in writing and may be given personally, by registered or certified mail (return receipt requested), Federal Express, UPS or other similar couriers. If notice is personally delivered, the notice shall be deemed to have been given and received on the date notice was given. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received three (3) days after the notice is deposited in the United States mail. If notice is given by Federal. Express, UPS, or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on the receipt issued by the courier. Notice shall be provided to the following addresses:

Exhibit 5
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DEVELOPER:

STIIIZY Bell Gardens, LLC
2001 S Alameda St.

Los Angeles, CA 90058
Attn: Tak Sato
(310) 488-5707
[email protected]
PROPERTY OWNER:

Ram Pandey
18051 Pointe Arguello Pl.

Cerritos, CA 90703
CITY:

City of Bell Gardens
7100 Garfield Ave.

Bell Gardens, California 90201
Attn: Michael B. O'Kelly, City Manager
(562) 806-7702
[email protected]
CITY ATTORNEY:

Olivarez Madruga Law Organization, LLP
500 South Grand Ave, 12th Floor
Los Angeles, CA 90071
Attn: Stephanie Vasquez
(213) 744-0099
[email protected]
Section 9.3. Governing Law and Venue. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

Section 9.4. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any teiiii or provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any term or provision of this Agreement is rendered invalid or unenforceable according to the teiuis of any federal or state statute, any provisions that are not invalid or unenforceable shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement. The Parties expressly agree that each Party is strictly prohibited from failing to perfoiin any and all obligations under this Agreement on the basis that this Agreement is invalid, unenforceable, or illegal. By entering into this Agreement, each Party disclaims any right to tender an affirmative defense in any arbitration or court of competent jurisdiction, that performance under this Agreement is not required because the Agreement is invalid, unenforceable, or illegal.

Section 9.5. Constructive Notice and Acceptance. Every person who after the Effective Date and recording of this Agreement owns or acquires any right, title, or interest to any portion of the Site is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Site, and all rights and interests of such person in the Site shall be subject to the terms, requirements, and provisions of this Agreement.

Exhibit 5
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Section 9.6. Joint and Several Liability. Developer and Property Owner shall be jointly and severally liable for all obligations imposed on either or both under this Agreement, including but not limited to any amount due under this Agreement pursuant to Section 1.11.

Developer and Property Owner agree that the City may impose a lien and seek foreclosure on any parcel of the Site due to any default by Developer. Such consent is additionally set forth in Exhibit "D" to this Agreement.

Section 9.7. Waiver. A waiver by any Party of any breach of any term, covenant, or condition herein contained or a waiver of any right or remedy of such Party available hereunder, at law or in equity, shall not be deemed to be a waiver of any subsequent breach of the same or any other telui, covenant, or condition herein contained or of any continued or subsequent right to the same right or remedy. No Party shall be deemed to have made any such waiver unless it is in writing and signed by the Party so waiving.

Section 9.8. Integration. This Agreement, together with its specific references, attachments, and Exhibits, constitutes all of the agreements, understandings, representations, conditions, warranties, and covenants made by and between the Parties hereto. Unless set forth herein, no Party to this Agreement shall be liable for any representations made, express or implied.

Section 9.9. Captions. The captions of this Agreement are for convenience and reference only and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement.

Section 9.10. Mandatory and Permissive. "Shall" and "will" and "agrees" are mandatory. "May" or "can" are peilliissive.

Section 9.11. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Section 9.12. Other Documents. The Parties agree that they shall cooperate in good faith to accomplish the objectives of this Agreement and, to that end, agree to execute and deliver such other instruments or documents as may be necessary and convenient to fulfill the purposes and intentions of this Agreement.

Section 9.13. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary or required by state or federal law in order to enter into this Agreement had been fully complied with. Further, by entering into this Agreement, no Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

Section 9.14. Advice of Legal Counsel. Each. Party acknowledges that it has had an opportunity to review this Agreement with its own legal counsel and, based upon the advice of that counsel, freely entered into this Agreement.

Section 9.15. No Third -Party Beneficiaries. This Agreement and all provisions hereof are made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person shall have a right of action based upon any provision in this Agreement.

Exhibit 5
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Section 9.16. Public Agency Coordination. The Parties shall cooperate and use reasonable efforts in coordinating the implementation of the Project with other public agencies, if any, having jurisdiction over the Site or the Project.

Section 9.17. Restrictions. Property Owner shall place in any agreements to sell or convey any interest in the Site or any portion thereof, a provision making the terms of this Agreement binding on any successors in interest of Property Owner.

Section 9.18. Attorneys' Fees and Costs. Unless otherwise provided in this Agreement, if any action at law or in equity, including action for declaratory relief, is brought by a Party to enforce or interpret provisions of this Agreement, the prevailing Party in such action shall be entitled to recover its reasonable attorneys' fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

Section 9.19. Environmental Remediation and Testing. The Parties acknowledge that various environmental remediation and testing activities may be required on the Site and on lands adjacent to the Site. The Parties shall consult with responsible public agencies, as appropriate, in connection with such environmental remediation and testing activities. Developer and Property Owner shall ensure that the development or operation of the Project shall not unreasonably interfere with any such remediation and testing activities.

Section 9.20. Calculation of Time Period. All time referenced in this Agreement shall be calendar days, unless the last day falls on a legal holiday, Saturday, or Sunday, in which case the last day shall be the next business day.

Section 9.21. Recordation of Development Agreement. The City Clerk shall cause a copy of this Agreement to be recorded against title of the Site in accordance with state law. [SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Exhibit 5
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as evidenced by the signatures of the authorized officers of each of them which appear below.

CITY DEVELOPER
City of Bell Gardens, a municipal STIIIZY Be11 Gardens, LLC corporation [Notarized Signature Required]
By:

Michael B. O'Kelly
Bell Gardens City Manager
Date:

Approved as to Form
By:

Stephanie Vasquez
City Attorney
Date:

By:

Name:

Title:

Date:

PROPERTY OWNER
Eastern Gage, LLC
[Notarized Signature Required]
By:

Name:

Title:

Date:

Exhibit 5
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EXHIBIT "A"

LEGAL DESCRIPTION OF SITE
Exhibit 5
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EXHIBIT "B"

SITE PLAN
Exhibit 5
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EXHIBIT "C"

FLOOR PLAN
Exhibit 5
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EXHIBIT "D"

PROPERTY OWNER'S CONSENT AGREEMENT
Exhibit 5
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EXHIBIT "E"

SECURITY PLAN
Exhibit 5
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CONFIDENTIAL
A copy of the Security Plan is on file with the Bell Gardens Police and Community Development Department
Exhibit 5
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EXHIBIT "F"

CONDITIONS OF APPROVAL
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ELL GARDENS

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Exhibit 6
168

NOTICE OF PUBLIC HEARING
CONSIDERATION OF ORDINANCE NO. 945 TO AUTHORIZE A DEVELOPMENT

AGREEMENT BY AND BETWEEN THE CITY OF BELL GARDENS, STIIIZY BELL

GARDENS, LLC, AND EASTERN GAGE, LLC RELATING TO THE PROPERTY LOCATED AT 5726 GAGE AVENUE IN THE CITY OF BELL GARDENS NOTICE IS HEREBY GIVEN; the City of Bell Gardens City Council will conduct a public hearing to consider the adoption of Ordinance No. 945 to authorize the City of Bell Gardens to enter into and execute a Development Agreement (DA) with STIIIZY Bell Gardens, LLC and Eastern Gage, LLC relating to the property located at 5726 Gage Avenue, Bell Gardens, CA 90201. Copies of the proposed ordinance are available for review at Bell Gardens City Hall and on our website at
https://www.bellgardens.org/government/city-departments/public-notifications .

DATE OF HEARING: Monday, July 22, 2024.

TIME OF HEARING: 6:00 P.M., or as soon thereafter as possible.

ENVIRONMENTAL DETERMINATIONS: Ordinance No. 945 has been determined to be exempt from the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) under Section 15061(b)(3) (Common Sense Exemption) because there is no possibility that it may have a significant effect upon the environment and Section 15303(c) (New Construction or Conversion of Small Structures).

INVITATION TO BE HEARD/PUBLIC PARTICIPATION: The public hearing will be held before the City of Bell Gardens City Council at 7100 Garfield Avenue, Bell Gardens, CA 90201 on Monday, July 22, 2024, at 6:00 p.m. The public may attend the meeting in person or may view the meeting online. The meeting will be recorded and live streamed on the City's website at https://www.bellgardens.org/i-want-to/watch-city-council- meetings. Public comments for the public hearing are limited to three (3) minutes per person. Members of the public can access and participate in the meetings as follows:

IN -PERSON: Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person, subject to capacity limits. Public comments are limited to three (3) minutes for each designated public comment period(s) per speaker unless a different time is announced by the presiding chair. Speakers who wish to address the City Council should do so by submitting a "Public Comment Card" card by 6:00 p.m. for all other designated public comment periods as listed.

BY TELEPHONE: Phone Number: (669) 900-9128, Webinar ID: 813 3236 4343#, Passcode: 2021#, to address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.

VIRTUALLY LIVE: Members of the public may participate via Zoom at https://zoom.us/join and entering the Zoom Meeting ID: 813 3236 4343 Passcode:

Exhibit 7 169

2021. Comments may also be made via the Zoom app by using the "Raise Hand" feature, when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.

WRITTEN COMMENTS:

Public comments may be emailed to [email protected] or mailed to the City Clerk's Office, 7100 Garfield Ave., Bell Gardens CA 90201. To ensure distribution to the members of the City Council prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be part of the official public record of this meeting.

Any person who requires a disability -related modification or accommodation, in order to observe and/or offer public comment may request such service by contacting the City Clerk's Office no later than 72 hours before the scheduled meeting.

The City Council staff report will be available in the City Clerk's Office and posted on the City's website at https://www.bellgardens.org/i-want-to/view-agendas 72 -hours prior to the meeting.

For more information, you may contact the City Clerk's Office located at 7100 Garfield Avenue, Bell Gardens, CA 90201 during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704 or via email to CityClerkDesk@bellgardensorg.

Daisy Gomez
City Clerk
Posted: July 11, 2024
Bell Gardens City Hall
Bell Gardens John Anson Ford Park
Bell Gardens Veterans Park - Ross Hall Auditorium
Bell Gardens Department of Public Works
Daily Journal Corporation (Bell Gardens News Paper) — General Circulation Exhibit 7 170

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 2.

TO: Honorable Mayor and City Council Members
FROM: Steven Jones, City Planner
BY: Gustavo Romo, Deputy City Manager/ Community Development Director SUBJECT: CONSIDERATION OF GENERAL PLAN AMENDMENT NO. 2022-060 TO ADD AN

ENVIRONMENTAL JUSTICE ELEMENT TO THE BELL GARDENS GENERAL PLAN DATE: July 22, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council:

1. Find pursuant to California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) Section 15074, after consideration of the whole administrative record, including the Initial Study/Negative Declaration (IS/ND), and all comments received, there is no substantial evidence that the project will not have a significant effect on the environment and adopt IS/ND(SCH# 2024040433); and

2. Adopt the attached resolution to approve General Plan Amendment 2022-060 to add an Environmental Justice (EJ) Element to the Bell Gardens General Plan.

BACKGROUND/DISCUSSION:

The Bell Gardens General Plan serves as the local government "blueprint" for the development and growth of the City and the legal foundation for land use decisions and more. To address health effects in low-income communities and communities of color, the California State Legislature passed Senate Bill (SB) 1000 into law in 2016. This legislation required local governments to identify environmental justice communities (called "disadvantaged communities") and to address public health risks and environmental concerns for vulnerable populations in disadvantaged communities, which had already long suffered public health effects from geographical and land use and zoning inequities.

The City of Bell Gardens qualifies as a disadvantaged community based on certain household income constraints, among other demographics. Because of this, priorities, policies, and actions addressing environmental justice must be documented in the jurisdiction's general plan. SB 1000 requires the inclusion of an EJ Element when a lead agency is updating two or more elements of their General Plan. In 2022, the Housing and Circulation Elements of the Bell Gardens General Plan were updated, triggering the need for the City to prepare and adopt an EJ Element.

On June 8, 2020, the Bell Gardens City Council adopted a resolution authorizing the submittal of a grant application for the Local Economic Assistance Program (LEAP), which is administered by the California Department of Housing and Community Development (HCD).

The City was awarded $150,000 to be used for projects addressing accessibility, sustainability, and resiliency aimed at protecting the public's health, safety, and welfare. The award was given based on the City's application promoting environmental justice and demonstrating proposed activities that foster an increase in housing -related planning activities and accelerated housing production within the City and after a request for proposals (RFP) was released, 171

Impact Sciences, a top Los Angeles area environmental and CEQA consulting firm, based on their experience and qualifications, was selected to help develop the element.

On February 21, 2024, at a regularly scheduled Planning Commission meeting, a presentation regarding the draft EJ Element was provided to solicit additional input from the commissioners and general public.

At the regularly scheduled Planning Commission meeting of April 17, 2024, staff presented a report summarizing the community -level impact policy and framework plan to eliminate and/or reduce inequality as presented in the EJ Element. The Commission adopted Resolution #PC 2024-09 to recommend to the City Council adoption of the IS/ND in compliance with CEQA and approval of General Plan Amendment No. 2022-060 to add an EJ Element to the Bell Gardens General Plan.

DISCUSSION/ANALYSIS:

An EJ Element is intended to facilitate efforts to reduce burdens for communities experiencing adverse effects from pollution, promote meaningful participation of those communities in all phases of the environmental and land use decision -making processes, and foster meaningful consideration of recommendations from populations and communities most impacted by pollution into environmental and land use decisions. In 2023, Impact Sciences conducted public workshops and a community -wide survey to obtain input on topics related to environmental justice and the community's priorities which are reflected in the EJ Element.

Pursuant to Government Code Section 65040.12, SB 1000, the California Governor's Office of Planning and Research Guidance, and outreach conducted on behalf of the City, this EJ Element outlines policies related to the following areas:

1. Reduction of pollution exposure and promotion of land use compatibility;

2. Reduction of unique or compounded health risks;

3. Promotion of public facilities, including access to public transit, employment, and services;

4. Promotion of physical activity;

5. Promotion of access to healthy foods;

6. Promotion of safe and sanitary homes;

7. Promotion of civic and community engagement; and

8. Prioritization of the needs of disadvantaged communities.

The EJ Element includes an introduction, a discussion on demographics, population characteristics, and setting goals, and policies, both existing and proposed, and implementation programs.

EJ is the equal protection and meaningful involvement of all people with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies; and the equitable distribution of environmental benefits. The EJ Element sets forth goals and policies to enhance the quality of life for the City's residents, employees, and visitors; addresses pollution burdens and health risks for disadvantaged communities; and addresses climate change vulnerabilities and equitable access to emergency resources.

Goals and policies have been developed to address environmental justice in the City through an analysis of the existing conditions and input from the community to minimize the community's exposure to, and impacts from, environmental pollution, improve citywide health, ensure that the existing and future housing stock includes accessible, well -maintained, and affordable housing, expand and provide new public services, and increase opportunities for civic engagement.

The EJ Element is intended to be a living document and may be updated regularly to ensure the goals, policies, 172

programs, and implementation measures meet the needs of the community. Five (5) initial programs have been identified to implement the EJ Element and its aforementioned goals and policies.

The EJ Element programs include:

1. Community Outreach Program — This program would serve as a framework for all departments to participate in meaningful communication with the public on all aspects of City governance and delivery of services.

2. Land Use Program — This program would be an opportunity for the City to implement land use and zoning changes to avoid the placement of vulnerable populations near known environmental pollutants or other health risks.

3. Environmental Monitoring Program — This program would provide the City with an opportunity to monitor and disseminate information regarding air and water quality to residents on an ongoing basis.

4. Affordable Housing Program — This program would add to the existing housing programs that are outlined in the City's 2021-2029 Housing Element Update.

5. Health Improvement Program — This program would increase the number of recreational opportunities that are available to residents in the City.

General Plan Consistency
Pursuant to General Plan Land Use Element Policy 4, the community has the opportunity to the equal protection and meaningful involvement of all people with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies, and the equitable distribution of environmental benefits. The opportunities that the new element calls for with investment through maintenance and rehabilitation of industrial uses consistent with necessary environmental requirements addresses pollution burdens and health risks for disadvantaged communities addresses climate change vulnerabilities and equitable access to emergency resources.

In addition, Section 3.0 of the EJ Element (Existing General Plan Goals and Policies) provides an outline of the General Plan's existing goals and policies that are related to and support the EJ Element.

An EJ Element would facilitate efforts to reduce burdens for communities experiencing adverse effects from pollution, promote meaningful participation of those communities in all phases of the environmental and land use decision -making processes, and foster meaningful consideration of recommendations from populations and communities most impacted by pollution into environmental and land use decisions.

ENVIRONMENTAL REVIEW:

Pursuant to CEQA and CEQA Guidelines Section 15074, an IS/ND has been prepared for the environmental review for the EJ Element. Pursuant to Assembly Bill (AB) 52 and SB 18, the City sent request for consultation letters to the local Indigenous Tribes and received no return written comments. The Initial Study concluded that there were no significant impacts on the environment associated with the adoption of the EJ Element. Therefore, a negative declaration was prepared and made available for public comment for a 30 -day period from April 9, 2024, to May 9, 2024, and made available on the City's Website and at the Community Development public counter. The City did not receive any public comments in response to the IS/ND.

CONCLUSION:

Approval of the City's EJ Element will bring the City into compliance with SB 1000 to address public health risks and environmental concerns for vulnerable populations. A Public Hearing Notice on the matter was posted and published on July 11, 2024. Staff recommends the City Council adopt IS/ND (SCH# 2024040433) and approve General Plan Amendment No. 2022-060 through the attached Resolution. 173

FISCAL IMPACT:

None. Preparation of the EJ Element was funded by the LEAP Grant Program. Future implementation of the policies and programs identified in the adopted EJ Element would be carried out in existing and updated municipal code provisions and allocated in the City's future annual budgets.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2024-51
Exhibit 2 - April 17 2024 PC Agenda Report
Exhibit 3 - Resolution PC No 2024-09
Exhibit 4 - Initial Study and Negative Declaration
Exhibit 5 - Environmental Justice Element
Exhibit 6 - Public Hearing Notice
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 174

RESOLUTION NO. 2024-51

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS ADOPTING A GENERAL PLAN AMENDMENT TO ADD AN

ENVIRONMENTAL JUSTICE ELEMENT TO THE BELL GARDENS

GENERAL PLAN
WHEREAS, Senate Bill ("SB") 1000 (2016, Leyva) requires counties and cities that have disadvantaged communities within their jurisdictions to incorporate environmental justice policies into their General Plan;
WHEREAS, an Environmental Justice ("EJ") Element is a policy document that, among other things, identifies programs intended to facilitate transparency and public engagement in local governments' planning and decision -making processes, reduce harmful pollutants and the associated health risks in environmental justice communities, and promote equitable access to health -inducing benefits, such as healthy food options, housing, public facilities, and recreation;
WHEREAS, outreach efforts included public workshops and a communitywide survey to obtain community input from City residents on environmental justice, pollution, and civic engagement, to be incorporated into the EJ Element; WHEREAS, the EJ Element was prepared based on feedback received during the public outreach process;
WHEREAS, the City has completed an EJ Element to the Bell Gardens General Plan, which is incorporated as Exhibit 5 to the corresponding Staff Report; WHEREAS, the final General Plan EJ Element is properly integrated, internally consistent, and compatible with the remaining elements of the General Plan inclusive of the Goals, Policies and Programs in the City's Housing Element, Land Use Element, Safety Element, Circulation and Transportation Element, Conservation Element, and Open Space and Recreation Element as stated within Section 3.0 of the EJ Element and incorporated by reference herein;
WHEREAS, the City of Bell Gardens ("City") prepared an Initial Study ("IS") pursuant to the requirements of the California Environmental Quality Act ("CEQA") (Pub.

Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs, tit. 14, § 15000 et seq.), which determined that the EJ Element would not have any significant impacts on the environment and therefore, a Negative Declaration was prepared pursuant to CEQA Guidelines Section 15074 ("IS/ND");
WHEREAS, pursuant to Assembly Bill ("AB") 52 and SB 18, the City sent request for consultation letters to the local Indigenous Tribes and received no return written comments;
Exhibit 1 175

Resolution No. 2024-51
WHEREAS, the proposed EJ Element and IS/ND was made available for public comment for a period of 30 days, beginning April 9, 2024, and ending May 9, 2024, and was available for public review on the City Website and at the Community Development public counter;
WHEREAS, the Planning Commission conducted a duly noticed public hearing on April 17, 2024, to consider all public comments received prior to and during the public hearing regarding the Environmental Justice Element (File No. 2022-060) and the associated IS/ND prepared for the General Plan Environmental Justice Element; WHEREAS, at the conclusion of the public hearing, the Planning Commission adopted Resolution #PC 2024-09 recommending that the City Council adopt the EJ Element and related IS/ND; and
WHEREAS, the City Council conducted a duly noticed public hearing on July 22, 2024 and considered all public comments and testimony received prior to and during the public hearing.

NOW, THEREFORE, THE CITY COUNCIL OF BELL GARDENS DOES HEREBY FIND, DETERMINE, AND RESOLVES AS FOLLOWS:

SECTION 1. The City Council hereby finds the above recitals are true and correct and incorporates them herein by this reference.

SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, such other oral and written evidence, and the entirety of the administrative record, the City Council finds that the adoption of the General Plan EJ Element is consistent with the remainder of the City's General Plan elements and will not be detrimental to the health, safety, and welfare of the general public.

SECTION 3. The 2021-2029 General Plan EJ Element constitutes a comprehensive element of the City's General Plan which contains analysis, strategies, policies and programs that, among other things, intend to facilitate transparency and public engagement in local governments' planning and decision -making processes, reduce harmful pollutants and the associated health risks in environmental justice communities, and promote equitable access to health -inducing benefits, such as healthy food options, housing, public facilities, and recreation.

SECTION 4. The City Council hereby adopts the General Plan EJ Element and further directs City staff to submit the General Plan EJ Element to the California Office of Planning and Research for final review and certification. 2 of 4
Exhibit 1 176

Resolution No. 2024-51
SECTION 5. The City Council hereby finds that, pursuant to CEQA Guidelines Section 15074(b), after consideration of the whole administrative record, including the IS/ND, there is no substantial evidence that the EJ Element will have a significant impact on the environment and IS/ND (SCH# 2024040433) reflects the independent judgement and analysis of the City and hereby adopts the IS/ND.

SECTION 6. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED and ADOPTED this 22nd day of July, 2024.

THE CITY OF BELL GARDENS
Gabriela Gomez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
3 of 4
Daisy Gomez
City Clerk
Exhibit 1 177

Resolution No. 2024-51
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on , and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez
City Clerk
4 of 4
Exhibit 1 178

CITY OF BELL GARDENS

COMMUNITY DEVELOPMENT DEPARTMENT

AGENDA REPORT
Item 3.

TO:

FROM:

BY:

SUBJECT:

Honorable Chair and Members of the Planning Commission
Steven Jones, City Planner
Mona Mossayeb, Associate Planner
GENERAL PLAN AMENDMENT NO. 2022-060 CREATING AN ENVIRONMENTAL JUSTICE ELEMENT AND APPROVAL OF AN INITIAL STUDY/NEGATIVE DECLARATION (FILE NO. 2022-060) DATE: April 17, 2024
RECOMMENDATION:

It is staff's recommendation that the Planning Commission:

1. Find the Initial Study/Negative Declaration (IS/ND) (Exhibit 1), was prepared in accordance with, and pursuant to, the California Environmental Quality Act (CEQA), concluding no significant impacts would occur; and

2. Adopt Resolution #PC 2024-09 (Exhibit 2) recommending to the City Council approval of General Plan Amendment No. 2022-060, Proposed Bell Gardens General Plan Environmental Justice (EJ) Element (Exhibit 3).

BACKGROUND:

On June 8, 2020, the Bell Gardens City Council adopted a resolution authorizing the submittal of a grant application for the Local Economic Assistance Program (LEAP), which is administered by the California Department of Housing and Community Development (HCD).

The City was awarded $150,000 to be used for projects addressing accessibility, sustainability, and resiliency aimed at protecting the public's health, safety, and welfare. The award was given based on the City's application promoting environmental justice and demonstrating proposed activities that foster an increase in housing -related planning activities and accelerated housing production within the City.

To address health effects in low-income communities and communities of color, the California State Legislature passed Senate Bill (SB) 1000 into law in 2016, requiring local governments to identify environmental justice communities (called "disadvantaged communities") in their jurisdictions and to address public health risks and environmental concerns for vulnerable populations in disadvantaged communities, which have long suffered public health effects from geographical inequities. Based on the existing population characteristics and pollution burden, the entire City of Bell Gardens qualifies as a disadvantaged community. The priorities, policies, and actions addressing environmental justice must be documented in the jurisdiction's General Plan. Specifically, this law requires the inclusion of an EJ Element when a lead agency is updating two or more elements of their General Plan.

To address the City's needs for an EJ Element as mandated by SB 1000 and SB 379 and abide by the LEAP grant requirements, staff prepared and released a Request for Proposals (RFP) on August 1, 2022. The RFP requested a scope of services to prepare an Environmental Justice Element that would identify goals and objectives to protect the community from unreasonable risks of inequitable distribution of pollution and associated health effects. On November 14, 2022, the City Council adopted a resolution approving a professional services agreement that authorized Impact Sciences, Inc. (Impact Sciences) to develop the City's EJ Element.

The EJ Element is a document that provides a community -level impact policy and framework plan to eliminate and/or reduce inequality when it comes to environmental justice issues, including pollution/contamination and the acceleration of housing production and identification of areas where "priority populations" exist.

In the summer of 2023, Impact Sciences conducted public workshops and a communitywide survey to obtain input on environmental justice, pollution, and civic engagement to be incorporated into the EJ Element.

On February 21, 2024, a presentation regarding the draft EJ Element was provided to the Planning Commission to solicit additional input from the commissioners and general public.

PROJECT/SITE DESCRIPTION:

An EJ Element is intended to facilitate efforts to reduce burdens for communities experiencing adverse effects from pollution, promote meaningful participation of those communities in all phases of the environmental and land use decision -making processes, and foster meaningful consideration of recommendations from populations and communities most impacted by pollution into environmental and land use decisions.

Based on Government Code Section 65040.12, SB 1000, OPR Guidance, and outreach undertaken on behalf of the City (Exhibit 4), this EJ Element identifies policies related to the following topics:

1. Reduce pollution exposure and promote land use compatibility;

2. Reduce unique or compounded health risks;

3. Promote public facilities; including access to public transit, employment, and services; Exhibit 2 179

4. Promote physical activity;

5. Promote access to healthy foods;

6. Promote safe and sanitary homes;

7. Promote civic and community engagement; and

8. Prioritize the needs of disadvantaged communities.

The EJ Element includes the following six (6) sections:

1. Introduction — This section provides a discussion of the priorities, policies, and actions regarding environmental justice.

2. Background — This section provides a comprehensive description of the environmental conditions, settings, and population characteristics of the City, including input received from the EJ Community Survey conducted in the Summer of 2023.

3. Existing General Plan Goals and Policies — This section provides an outline of the City's existing goals and policies that are related to EJ.

4. Goals and Policies — Establishes the goals and policies set forth by the EJ Element.

5. Implementation — Provides implementation programs and measures to put the goals and policies of the EJ Element into action.

6. List of Preparers — Provides a list of the project team.

EJ is the equal protection and meaningful involvement of all people with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies; and the equitable distribution of environmental benefits. The draft element sets forth goals and policies to enhance the quality of life for the City's residents, employees, and visitors; addresses pollution burdens and health risks for disadvantaged communities; and addresses climate change vulnerabilities and equitable access to emergency resources.

Through an analysis of the existing conditions and input from the community, the following Goals and Policies have been developed to address environmental justice in the City:
• Goal 1: Minimize the community's exposure to, and impacts from, environmental pollution. • Goal 2: Improve citywide health by focusing on prevention and intervention. • Goal 3: Ensure that the existing and future housing stock includes accessible, well -maintained, and affordable housing. • Goal 4: Expand and provide new public services to accommodate persons of all ages and socioeconomic levels. • Goal 5: Enhance public outreach and increase opportunities for civic engagement.

The EJ Element is intended to be a living document and may be updated regularly to ensure the goals, policies, programs, and implementation measures meet the needs of the community. Five (5) initial programs have been identified to implement the EJ Element and its aforementioned goals and policies.

The EJ Element programs include:
• Community Outreach Program — This program serves as a framework for all departments to participate in meaningful communication with the public on all aspects of City governance and delivery of services. • Land Use Program — This program serves as an opportunity for the City to implement land use and zoning changes to avoid the placement of vulnerable populations near known environmental pollutants or other health risks. • Environmental Monitoring Program — This program provides the City with an opportunity to monitor and disseminate information regarding air and water quality to residents on an ongoing basis. • Affordable Housing Program — This program would add to the existing housing programs that are outlined in the City's 2021- 2029 Housing Element Update.
• Health Improvement Program — This program would increase the number of recreational opportunities that are available to residents in the City.

ENVIRONMENTAL REVIEW:

In compliance with the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal.

Code Regs., tit. 14 § 21000 et seq.) a draft IS/ND has been prepared for the environmental review for the element. The Initial Study concluded that there were no significant impacts on the environment associated with the adoption of the draft EJ Element. Therefore, a Negative Declaration has been prepared and made available for public comment for a 30 -day period beginning April 9, 2024, ending May 9, 2024. The IS/ND will be forwarded to the City Council along with the draft EJ Element for adoption in compliance with CEQA.

CONCLUSION:

Approval of the City's new EJ Element will bring the City into compliance with SB 1000 to address public health risks and environmental concerns for vulnerable populations. Planning Commission Resolution #PC 2024-09 recommends that the City Council adopt the EJ Element and approve the proposed IS/ND prepared pursuant to CEQA requirements.

FISCAL IMPACT:

None. Preparation of the draft EJ Element was funded by the LEAP Grant Program. Future implementation of the policies and programs identified in the adopted EJ Element would be carried out in existing and updated municipal code provisions and allocated in the City's future annual budgets.

ATTACHMENTS:

Exhibit 1 - Initial Study and Negative Declaration
Exhibit 2- Resolution #PC 2024-09
Exhibit 2
180

Exhibit 3 - Environmental Justice Element
Exhibit 4 - Outreach Summary
Exhibit 5 — Tribal Request for Consultation Letters
Exhibit 6 — Notice of Completion
Exhibit 7 — Notice of Intent
Exhibit 8 — Public Hearing Notice
APPROVED ELECTRONICALLY BY:

Lloyd Pilchen, Deputy City Attorney for Rick R. Olivarez, City Attorney Gustavo Romo, Deputy City Manager / Community Development Director Exhibit 2 181

RESOLUTION #PC 2024-09

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

BELL GARDENS RECOMMENDING THE CITY COUNCIL ADOPT THE

DRAFT GENERAL PLAN ENVIRONMENTAL JUSTICE ELEMENT
WHEREAS, Senate Bill ("SB") 1000 (2016, Leyva) requires counties and cities that have disadvantage communities within their jurisdictions to incorporate environmental justice policies into their General Plan; WHEREAS, the Environmental Justice ("EJ") Element is a policy document that, among other things, identifies programs intended to facilitate transparency and public engagement in local governments' planning and decision -making processes, reduce harmful pollutants and the associated health risks in environmental justice communities, and promote equitable access to health -inducing benefits, such as healthy food options, housing, public facilities, and recreation;
WHEREAS, in the summer of 2023, impact Sciences, on behalf of the City, conducted public workshops and a communitywide survey to obtain community input on environmental justice, pollution, and civic engagement, to be incorporated into the EJ Element;
WHEREAS, pursuant to Assembly Bill ("AB") 52 and SB 18, the City sent request for consultation letters to the respective Indigenous Tribes and received no return written comments;
WHEREAS, the City caused an Initial Study to be prepared pursuant to the requirements of the California Environmental Quality Act ("CEQA") (Pub. Res. Code § 21000 et seq.) which determined that the EJ Element would not have any significant impacts on the environment and therefore, a Negative Declaration was prepared; WHEREAS, the City has completed a draft EJ Element to the Bell Gardens General Plan;
WHEREAS, and made available for public comment for a period of 30 days beginning April 10, 2024, and ending May 10, 2024;
WHEREAS, the Draft EJ Element was prepared based on feedback received during the public outreach process and is available for public review from April 10, 2024, to May 10, 2024, on the City website and Community Development Department public counter;
WHEREAS the Draft Environmental Justice Element is properly integrated, internally consistent, and compatible with the existing elements of the General Plan; and WHEREAS the Planning Commission continued a duly noticed public hearing for March 20, 2024, to April 17, 2024, to consider the adoption of Resolution #PC 2024-09 recommending that the City Council adopt the Draft Environmental Justice Element (File No. 2022-060) and proposed Negative Declaration prepared for the Draft General Plan Environmental Justice Element.

Exhibit 3 182

Resolution #PC 2024-09

NO , THEREFORE, THE PLANNING CO ISSION DOES HEREBY
RESOLVE AND DETER INE AS FOLLO S:

SECTION 1. The Planning Commission hereby finds the above recitals are true and correct and incorporates them herein by this reference.

SECTION 2. The approval of the Draft General Plan Environmental Justice Element will not be detrimental to the health, safety, and welfare of the general public and will not have a significant effect on the environment, therefore a Negative Declaration has been prepared in accordance with CEQA.

SECTION 3. The Draft General Plan Environmental Justice Element constitutes a comprehensive element of the City's General Plan which contains analysis, strategies, policies and programs to address provisions of planning and decision -making processes, reduce harmful pollutants and the associated health risks in environmental justice communities, and promote equitable access to health -inducing benefits, such as healthy food options, housing, public facilities, and recreation, and compliance with all applicable state and local laws, regulations, and guidelines relating to environmental justice.

SECTION 4. The Planning Commission hereby transmits and recommends adoption of the Draft General Plan Environmental Justice Element to the Bell Gardens City Council and associated environmental determination.

PASSED, APPROVED AND ADOPTED this 17th day of April 2024.

THE CITY OF BELL G; DE

SA, CHA
ATTEST..

ERIKA GUTIERREZ, PLANNING S. RETARY
APPROVED AS TO FORM:

LLOYD PILCHEN, ASSISTANT CITY ATTORNEY
Exhibit 3 183

Bell Gardens Environmental Justice Element
Initial Study and
Negative Declaration
The following Initial Study and Negative Declaration has been prepared in compliance with the California Environmental Quality Act.

Prepared For:

City of Bell Gardens
7100 Garfield Ave.

Bell Gardens, CA 90201
Prepared By:

Impact Sciences, Inc.
811 W. 7th Street, Suite 200
Los Angeles, California 90017
April 2024
Exhibit 4 184

TABLE OF CONTENTS
Section Page
I. Introduction 1

1.1 Project Information 1

1.2 Organization of Initial Study and Negative Declaration 1

1.3 Purpose of an Initial Study 2

1.4 Native American. Consultation 2

1.5 Scope of Environmental Analysis 3
II. Project Description 5

2.1 Project Summary 5

2.2 Environmental Setting 5

2.3 Description of Project 7

2.4 Project Approvals 13
III. Environmental Initial Study Checklist and Impact Analysis 14

3.1 Environmental Factors Potentially Affected 14

3.2 Determination 14

3.3 Environmental Impact Analysis 16
IV. References 125
V. Initial Study Preparers 129

5.1 City of Bell Gardens (Lead Agency) 129

5.2 Planning and Environmental Consultant 129

5.3 Public Engagement and Outreach Consultant 129
Appendices
A Environmental Justice Element
B CalEnviroScreen Data
C Community Engagement Report
D Cultural Resources Information

LIST OF TABLES
Table Page
2-1 Analyzed Indicators 10
2-2 Goals and Policies 11
2-3 Air Monitoring Station Ambient Pollutant Concentrations 33 2-4 SCAQMD Regional Thresholds of Significance 36

LIST OF FIGURES
Figure Page

2.0-1 Regional Project Location 6

3.3-1 Scenic Highways 20

3.3-2 Farmland 27

3.3-3 General Plan Land Use Map 28

3.3-4 Williamson. Act Land 29
Impact Sciences, Inc.
1468.001
Exhibit 4
185
Bell Gardens Environmental Justice Element IS/ND
April 2024

LIST OF FIGURES (continued)
Figure Page

3.3-5 Forests 30

3.3-6 Wetlands 48

3.3-7 Significant Ecological Areas 49

3.3-8 Fault Hazard Areas 64

3.3-9 Liquefaction Zones 65

3.3-10 Landslide Zones 66

3.3-11 Fire Severity Zones 76

3.3-12 Flood Hazard Areas 84

3.3-13 Mines 89

3.3-14 Mineral Resources 90
Impact Sciences, Inc.
1468.001
Exhibit 4
ii Bell Gardens Environmental Justice Element IS/ND
April 2024
186

I. INTRODUCTION
This Initial Study and Negative Declaration (collectively, the "IS/ND") has been prepared to analyze potential physical environmental impacts of the City of Bell Gardens' (City) Environmental Justice (EJ) Element (herein referenced as the "Project" or "EJ Element"). The EJ Element is intended to reflect the current demographics of the City's vulnerable populations and address public health risks and environmental concerns for the populations in disadvantaged communities which have long suffered public health effects from geographical inequities. The EJ Element would comply with Senate Bill (SB) 1000, which requires local governments to identify environmental justice communities in their jurisdictions and address environmental justice in their general plans. In accordance with California Environmental Quality Act (CEQA) (Pub. Res. Code [PRC] § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) Section 15367, the City of Bell Gardens is identified as the Lead Agency.

1.1 PROJECT INFORMATION
Project Title:

Project Location:

Lead Agency:

City of Bell Gardens Environmental Justice Element
Citywide, City of Be11 Gardens
City of Be11 Gardens
7100 Garfield Ave.

Be11 Gardens, CA 90201

1.2 ORGANIZATION OF INITIAL STUDY AND NEGATIVE DECLARATION This document consists of both the Initial Study (IS) for the Project and the Negative Declaration (ND). This IS/ND is composed of five sections, as follows:

I. Introduction: This section provides introductory information such as the Project title, the Project applicant, the lead agency for the Project, and background on CEQA.

II. Project Description: This section provides a detailed description of the environmental setting and the Project, including Project characteristics and environmental review requirements.

III. Environmental Initial Study Checklist and Impact Analysis: This section contains the completed Appendix G Initial Study Checklist. Each environmental issue identified in the Initial Study Checklist contains an assessment and discussion of impacts associated with each subject area.

IV. References: This section provides a listing of sources and information cited in this document.

Impact Sciences, Inc.
1468.001
Exhibit 4
1 Bell Gardens Environmental Justice Element IS/ND
April 2024
187

I. Introduction
V. List of Preparers and Persons Consulted: This section provides a listing of those involved in the preparation of this document and persons and agencies consulted.

1.3 PURPOSE OF AN INITIAL STUDY
An Initial Study is a preliminary analysis conducted by the Lead Agency, in consultation with other agencies (responsible or trustee agencies, as applicable), to determine whether there is substantial evidence that a project may have a significant effect on the environment. If the IS concludes that the Project, with. mitigation, may have a significant effect on the environment, an EIR should be prepared; otherwise, the Lead Agency may adopt a Negative Declaration (ND) or a Mitigated Negative Declaration (MND).

This IS/ND has been prepared in accordance with CEQA and CEQA Guidelines. This IS/ND document evaluates potential environmental effects resulting from implementation of the Project.

Adoption of the proposed City of Bell Gardens EJ Element will not entitle, approve, or fund any specific projects; therefore, the Project would not result in any direct physical changes to the environment. The Project lists programs and policies that may be utilized by development projects that require approvals and review under CEQA and also proposes measures to support the Project that may be implemented at a later time. To the extent that potential future physical changes in the environment can be reasonably discerned, they are evaluated at the program level. Project -level analysis would occur as specific projects are proposed.

The IS determined that the EJ Element would not cause any potentially significant impacts on the environment. Consequently, the analysis contained herein concludes that an ND is the appropriate CEQA clearance documentation for the Project.

1.4 NATIVE AMERICAN CONSULTATION
California Native American tribes traditionally and culturally affiliated with the Project area are required to be consulted pursuant to PRC Section 21080.3.1. On. November 7, 2023, Impact Sciences submitted a Sacred Lands File records search request to the Native American Heritage Commission (NAHC) for the Project. On. December 4, 2023, the NAHC responded that no known records were identified and provided a list of tribes to contract for tribal consultation (please see Appendix D, Cultural Resources Information).

On December 13, 2023, the City contacted the list of tribes by certified mail and email to offer the tribes an opportunity for tribal consultation on the Project. To date, no tribes have requested consultation.

Impact Sciences, Inc.
1468.001
Exhibit 4
2 Bell Gardens Environmental Justice Element IS/ND
April 2024
188

I. Introduction

1.5 SCOPE OF ENVIRONMENTAL ANALYSIS
For evaluation of environmental impacts, each question from the Environmental Initial Study Checklist contained in. Appendix G of the CEQA Guidelines is stated and responses are provided according to the analysis undertaken as part of the IS/ND.

1.5.1 Thresholds of Significance
The City has not adopted specific thresholds of significance and rather relies upon the specific questions relating to the topical environmental factors listed in Appendix G to the CEQA Guidelines to assist in the determination of whether an identified impact is potentially significant. The City may, depending on the circumstances of a particular project, use specific thresholds of significance on a case -by -case basis. Oakland Heritage Alliance v. City of Oakland (2011) 195 Ca1.App.4th 884.

For the analysis of transportation impacts, the City uses Los Angeles County's "Transportation Impact Analysis Guidelines" which includes CEQA threshold of significance for vehicle miles traveled (VMT).

1.5.2 Impact Evaluation Methodology
The environmental impact methodology is described below.

Changes Not Evaluated - Construction Impacts. The Project does not authorize development or require physical changes to any existing development or infrastructure that would generate construction -related impacts. Therefore, they are excluded from the environmental analysis.

Indirect Impacts. The CEQA Guidelines require evaluation of reasonably foreseeable direct or indirect impacts to the environment which are caused by a project. Because these impact types must be related to a physical change in the environment and this CEQA analysis has not identified any impacts, they are excluded from the environmental analysis. Any subsequent proposed projects following the adoption of the EJ Element would be individually reviewed to determine the appropriate level of CEQA review, or whether the project would be exempt from CEQA review.

Offsite Features. The CEQA Guidelines require evaluation of off -site features that are necessary to implement a project, which are typically associated with infrastructure or other physical improvements.

Because the Project does not authorize development or require physical improvements, no offsite features were analyzed.

Impact Sciences, Inc.
1468.001
Exhibit 4
3 Bell Gardens Environmental Justice Element IS/ND
April 2024
189

I. Introduction

1.5.3 Impact Levels
There are four possible responses to the threshold of significance questions in each of the topical environmental factors in Section 3, Environmental Evaluation:

1. No Impact: No substantial evidence exists that the Project would have an impact on the environment.

2. Less than Significant Impact: Environmental impacts have been identified but are less than the thresholds of significance and do not include or require mitigation measures.

3. Less than Significant Impact With Mitigation Incorporated: Environmental impacts have been identified but are less than significant with the incorporation of mitigation measures thereby reducing an impact from Potentially Significant Impact to a Less Than Significant Impact.

4. Potentially Significant Impact: Potentially significant direct project -level impacts and have been identified and require preparation of an EIR.

Impact Sciences, Inc.
1468.001
Exhibit 4
4 Bell Gardens Environmental Justice Element IS/ND
April 2024
190

II. PROJECT DESCRIPTION

2.1 PROJECT SUMMARY
Pursuant to Senate Bill (SB) 1000 (Leyva, 2016) and to CEQA Guidelines Section 15063, the Project includes the adoption of the City's Environmental Justice (EJ) Element. The EJ Element is incorporated by reference into this document in its entirety, by reference, as Appendix A.

2.2 ENVIRONMENTAL SETTING
To adequately determine the significance of a potential environmental impact, the environmental baseline must be established. CEQA Guidelines Section 15125(a) states in pertinent part that the physical environmental setting in the vicinity of the project will normally constitute the baseline physical conditions, by which a lead agency will determine if an impact is significant. Therefore, the environmental baseline for this Project constitutes the existing physical conditions as they currently exist, which represents the time that the environmental process commenced
Existing Conditions
The Project will apply to the entire geographic area located within the boundaries of the City of Bell Gardens. The City, located in southeast Los Angeles County, is approximately 2.5 square miles with a population of 38,447 people, according to a January 2023 estimate from the State of California's Department of Finance.1 The City is highly developed with accessibility to major freeways, such as Interstate 710 (I-710) which runs along the City's eastern border. Surrounding jurisdictions include the City of Commerce, the City of Pico Rivera, City of Downey, City of Cudahy, City of Bell, and the City of Maywood. Figure 2.0-1, Regional Project Location, shows the City's boundaries.

The City's boundaries are generally delineated by man-made barriers, including the Electric Railway Company to the north and Southern Pacific Railroad to the south, Rio Hondo River flood control channel to the east, Los Angeles River flood control channel, and Interstate 710 to the west. Environmental considerations for the City include the large number of industrial uses in the western part of the City, as well as neighboring jurisdictions and the I-710 Freeway. 1 California Department of Finance, "E-5 Population and Housing Estimates for Cities, Counties, and the State, 2020-2023 with 2020 Census Benchmark." Available online at:
htt Js:// www.dof.ca.gov/Forecasting/Demographics/Estimates/e-5/ Impact Sciences, Inc.
1468.001
Exhibit 4
5 Bell Gardens Environmental Justice Element IS/ND
April 2024
191

0 Santa Monica
San Fernando
Mu yet
Burbank
0 Universal City
Beverly Hills
Inglewood
0Torrance
5 10 Miles
La Canada
Fhntridye
Glendale
0 Los Angeles
0 Pasadena
0 Arcadia Glendora
East Los Angeles
0 Long Beach
Kati r l rc�i vs,t
El Monte
0 0Norwalk
Cerritos l
NS:

Baldwin Park
West Covina
0 Fullerton
0 0Anaheim
Garden Grove
0 Fountain Valley
5 Orange
0 Santa Ana
Por
0 Chino
Bell Gardens
4 SOURCE:Esri, 2023
IMPACT

SCIENCES
1468.001.12/23
FIGURE 2.0-1
Regional Location

II. Project Description
The southeast region of the County is an urbanized area characterized by industrial development and bedroom communities consisting of single-family dwellings and low-rise multi -family residential housing.

This region, including the City, has one of the highest population densities in the United. States, largely due to overcrowded conditions. The City, along with other cities in southeast Los Angeles, are considered "Gateway Cities" due to their location between the counties of Los Angeles and Orange.

The majority of the land uses in the City, as designated in the General Plan, is Residential (58%).

Commercial uses make up approximately 10.1% of the land area and are generally concentrated along Florence Avenue and Eastern Avenue. Industrial uses make up 13% of land area and are clustered in the western and southern portion of the City. Commercial Manufacturing uses are clustered in nodes along Garfield Avenue, Eastern Avenue, and Gage Avenue. Institutional uses make up 7.4% of land area, and Open Space and Parks make up 11.5% of land area. Although the City is predominantly comprised of urbanized development with minimal vacant properties, the City also encompasses several existing natural resources. The Los Angeles River runs parallel with the City's western border. The Rio Hondo River is located east of the City and is partially adjacent to the City's southeastern boundary. The City also includes parks and recreational facilities. Notable recreational facilities within the City include Veteran's Park and the Neighborhood Youth Center.

2.3 DESCRIPTION OF PROJECT
The purpose of the EJ Element is to identify environmental justice communities (called "disadvantaged communities") and to address public health risks and environmental concerns for vulnerable populations in disadvantaged communities which has long suffered public health effects from geographical inequities.

The Governor's Office of Planning and Research (OPR) has released recommendations on the definition of EJ communities, including analysis for a host of different environmental, socioeconomic, and public health issues related to EJ concerns.2 Under SB 1000, EJ Elements include "related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities within the area covered by the general plan of the city, county, or city and county, if the city, county, or city and county has a disadvantaged community."3 The purpose of the EJ Element is to alleviate potential adverse effects of development on vulnerable populations and address gaps in existing policies in relation to disadvantaged communities. Disadvantaged communities are defined by Government Code Section 65302(h)(4)(A) as low-income areas disproportionately affected by environmental pollution and other hazards that can lead to negative health effects through adverse environmental living conditions. Indicators for disadvantaged 2 3
Office of Planning and Research, General Plan Guidelines Environmental Justice Element, June 2020. Available online at: https://o Dr.ca.gov/docs/20200706-GPG Cha Dter 4 E .pdf, accessed April 3, 2024.

Gov. Code, § 65302(h)(1)-(2).

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II. Project Description
communities include educational attainment, lack of employment, housing burdened low-income households, linguistic isolation, poverty, race and ethnicity, single -parent households, lack of American citizenship, violent crime rate, and inability to vote. Under these prerequisites, the entire City qualifies for prioritization of disadvantaged communities. The EJ Element is incorporated by reference into this document in its entirety, by reference, as Appendix A.

Background
To address health effects in low-income communities and communities of color, the California State Legislature passed SB 1000 into law in 2016, requiring local governments to identify environmental justice communities (also known as "disadvantaged communities") in their jurisdictions and address environmental justice within their General Plans. This law requires the inclusion of an EJ Element when a lead agency is updating two or more General Plan elements.

The purpose of the EJ Element is to address public health risks and environmental concerns for vulnerable populations in disadvantaged communities which have long suffered public health effects from geographical inequities. Environmental Justice is guided by Government Code Section 65040.12, which aims to minimize the adverse effects of environmental hazards in order to create a healthy environment for all people, especially those groups, populations, and communities who had been impacted by pollution.

The aim of Government Code Section 65040.12 is to reduce burdens for communities experiencing adverse effects, promote meaningful participation of those communities in all phases of the environmental and land use decision making process, and providing meaningful consideration of recommendations from populations and communities most impacted by pollution into environmental and land use decisions.

Indicators
Per the guidance of OPR's General Plan Guidelines for Environmental Justice, the EJ Element evaluated the City's existing policies and programs and followed the agency's recommended Completeness Checklist4 for the required components of an EJ element. These components include the following:
• Identify disadvantaged communities within the area covered by the general plan; • Identify objectives and policies to reduce exposure to pollution including improving air quality in. disadvantaged communities;
4 Office of Planning and Research, General Plan Guidelines Environmental Justice Element, June 2020. Available online at: https://oJr.ca.gov/docs/20200706-GPG Cha Jter 4 E.pdf, accessed December 5, 2023.

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II. Project Description
• Identify objectives and policies to promote public facilities in disadvantaged communities; • Identify objectives and policies to promote food access in disadvantaged communities; • Identify objectives and policies to promote safe and sanitary homes in disadvantaged communities; • Identify objectives and policies to promote physical activity in disadvantaged communities; • Identify objectives and policies to reduce any unique or compounded health risks in disadvantaged communities not otherwise addressed above;
• Identify objectives and policies to promote civic engagement in the public decision -making process in disadvantaged communities; and
• Identify objectives and policies that prioritize improvements and programs that address the needs of disadvantaged communities.

Per OPR's recommendations, the EJ Element evaluated and identified the disadvantaged communities within Bell Gardens using several standard indicators such as, income level, environmental burden, and pollution exposure (inclusive of air quality, water quality, and land use compatibility). The CalEnviroScreen 4.0 interactive online tool was utilized to determine the specific indicators that identify the EJ communities within Bell Gardens. Based on the CalEnviroScreen data, the nine census tracts within the City have overall scores ranging from 79.7 to 99.6% and an average of 95.4%. The entire City has a score higher than the OPR recommended threshold of 75% to identify disadvantaged communities. Therefore, the entire City meets the definition as a disadvantaged community (please see Appendix B, CalEnviroScreen Data).5 Table 2-1, Analyzed Indicators, lists the indicators provided by CalEnviroScreen as indicators analyzed in the EJ Element.
5 OEHHA and Ca1EPA. CalEnviroScreen 4.0. 2021.Available online at:
htt-os://ex Derience.arcgis.com/experience/ed5953d89038431dbf4f22ab9abfe40d/, accessed December 16, 2022.Attached herein as Appendix B.

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II. Project Description
Table 2-1
Analyzed Indicators
Population CharactCharacteristics'
Pollution Burden:

Asthma
Children's Lead. Risk from Housing
Cardiovascular Disease
Cleanup Sites
Low Birth Weight
Diesel Particulate Matter
Education
Drinking Water Contaminants
Housing Burden
Groundwater Threats
Linguistic Isolation
Hazardous Waste
Poverty
Impaired Waters
Unemployment
Ozone
Pesticide Use
PM2.5
Solid Waste Sites
Toxic Release from Facilities
Traffic Impacts
Source: Office of Environmental Health Hazard Assessment. CalEnviroScreen 4.0. October 2021.

Analyzing each indicator that is listed above provides a general framework for the EJ Element to address the issues affecting disadvantaged communities within the City, such as reducing pollution exposure; improve access to public facilities and services; improving access to healthy foods; promoting access to physical activity and recreation; improving access to safe, sanitary and affordable housing; reducing exposure to climate hazards; and improving access to public transit, employment, and services.

In developing the EJ Element, the City also developed an. Environmental Justice Element Outreach Plan (Outreach Plan) and conducted community outreach (please see Appendix D, Community Engagement Report). The Outreach Plan included the dissemination of flyers, factsheets, and surveys via Citywide bulletins, social media posts, community group emails, and public meetings with stakeholders. The City facilitated three public meetings with residents, businesses, and stakeholders on July 20, July 27, and August 3, 2023, at Veteran's Park. These meetings focused on gaining stakeholder input regarding the community's public health and environmental concerns. The online Community Survey was made available to residents and community members between June 22, 2023 and September 15, 2023 in both English and Spanish. The 101 responses to the online Community Survey helped further refine the indicators and helped guide the formation of the goals and policies contained within the EJ Element.

Specifically, the Community Survey indicated that air pollution from vehicles and industrial uses; groundwater quality due to old and damaged pipes' housing access, affordability, and stability; and access to healthy food/grocery stores were primary areas of concern for the community.

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II. Project Description
Goals and Policies
The Bell Garden EJ Element Goals are as follows:

Goal 1:

Goal 2:

Goal 3:

Minimize the community's exposure and impacts from environmental pollution.

Improve citywide health by focusing on prevention and intervention.

Ensure that the existing and future housing stock includes accessible, well - maintained, and affordable housing.

Goal 4: Expand and provide new public services to accommodate persons of all ages and socioeconomic levels.

Goal 5: Enhance public outreach and increase opportunities for civic engagement.

Table 2-2, Goals and Polices, provides a list of the EJ Element policies, and identifies the associated goals they are related to.

Table 2-2
Goals and Policies

1. Minimize resident's exposure to air pollution near
high -volume roadways (ex, freeways) through site
planning, building design, and other measures,
focusing on the needs of vulnerable populations (i.e.,
families with children, people with disabilities, and
seniors).

Goal 1:<
vironme.t*
Pollution
X
X
Go Goal 3: Goal 4: Goal 5:

Housing Public . Public
Stock Services Outreach
Pu

2. Minimize siting sensitive receptors (i.e., residential and institutional uses) near pollution sources, such as freight -handling and manufacturing facilities.

X
X

3. Promote the use of indoor air filtration systems on. individual properties through education and
exploration of grants or other funding incentives.

X
X

4. Preserve and enhance natural landscapes and tree
canopies within public open spaces to reduce air
pollution impacts and heat exposure.

X

5. Protect potable water and groundwater resources
from future contamination by implementing
pollutant concentration standards and conducting
routine testing to the City's potable water system.

X
X
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II. Project Description
•
Policy
Environ ental Public _
P©llutio t Health
Housing
Stock
Public
Services "
I"u
Outreach

6. Protect the existing groundwater quality by
conducting annual testing and reporting of the
Central Basin to confirm conformance with local,
state, and federal standards.

X
X

7. Ensure sufficient water availability and supply to
meet current and future demand.

X
X

8. Coordinate with the applicable public and non-profit agencies (i.e., Los Angeles County Department of
Public Health) to create/expand educational programs
and campaigns regarding health risks related to poor
air quality, water and soil contamination, and other
contaminants such as lead paint, asbestos, mercury,
etc.

X
X

9. Discourage the siting of commercial uses and
industrial facilities that might significantly impact the overall air quality, especially near impacted
communities that are vulnerable to the effects of
asthma. This includes communities in neighboring
jurisdictions.

X

10. Provide streamlining opportunities for grocery stores and farmers markets.

X

11. Expand recreational opportunities and programs to
be accessible to all residents
X

12. Expand the existing pedestrian and bicycle network
to be safe and accessible for all ages.

X

13. Implement an occupancy inspection program that
would ensure the health and sanitation of existing
housing.

X
X

14. Encourage the rehabilitation and preservation of
substandard homes owned/occupied by lower income
households, including retrofitting for environmental
sustainability.

X
X
X

15. Support land use policies and programs that allow
development of residential densities in a variety of
sizes to accommodate all families.

X

16. Encourage affordable and workforce housing through.

Limited -equity housing cooperatives, community land.
trusts, nonprofit -run housing, and/or use of city -
owned land.

X

17. Encourage affordable housing by offering density
bonuses, or fee waivers and relief from development
standards, where appropriate.

X

18. Increase outreach and educational services regarding tenant rights.

X

19. Implement programs that support persons in
transitional housing
X
X
X

20. Partner with non-profit organizations that address
housing issues between the tenants and landlords.

X
X
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II. Project Description
•
Policy
Enyirc rental ludic
Pollution Health
Housing
Stock
Public
Services
ui 1lc
Outr ach

21. Review public services through regular checkups in
partnership with municipal, regional, and statewide
agencies
X
X

22. Implement new and innovate outreach methods with.
the aim of expanding the City's current reach.

X
X

23. Publish City communication in. English and Spanish.

X

24. Promote recreational programs to all residents.

X

25. Attract grocery stores that sell organic groceries to underserved areas through financial incentives,
zoning changes, technical assistance, and other
methods.

X

26. Increase safety and emergency preparedness through. an established short-list of designated emergency
shelters in the City. Information would be available to all residents in English and in Spanish.

X

27. Consider new start times for commission and council meetings to encourage increased participation.

X

28. Expand the Town. Trolley bus service hours and bus
stop locations to better accommodate City Council
and Commission meetings.

X

29. Live stream. City Council and Commission meetings
at public facilities (i.e., recreational centers and.
childcare centers).

X

30. Circulate annual public surveys to gather input on
important city-wide needs. These surveys should be
used in consideration of City's annual budget.

X
X

31. Expand the use of social media to post important
department and City information.

X

2.4 PROJECT APPROVALS
Following the completion of the mandatory public review period, the proposed EJ Element would be scheduled for a public hearing before the Bell Gardens Planning Commission followed by the City Council.

The Planning Commission will review the IS/ND with the proposed Element and provide a recommendation to the City Council.

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III. ENVIRONMENTAL INITIAL STUDY CHECKLIST

AND IMPACT ANALYSIS

3.1 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.

Aesthetics
Agriculture and Forestry
Resources
Air Quality
Biological Resources
Cultural Resources
Energy
Geology and Soils
Greenhouse Gas Emissions
Hazards and Hazardous
Materials
Hydrology and Water
Quality
Land Use and Planning
Mineral Resources
Noise
Population and Housing
Public Services
Recreation
Transportation
Tribal Cultural Resources
Utilities and Service
Systems
Wildfire
Mandatory Findings of
Significance

3.2 DETERMINATION: (TO BE COMPLETED BY THE LEAD AGENCY) On the basis of this initial evaluation:

I find that the Proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that, although the Proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on. an attached sheet have been added to the Project. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the Proposed Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the Proposed Project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment., but at least effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An. ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

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III. Environmental Initial Study Checklist and Impact Analysis I find that although the Proposed Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the Proposed Project, nothing further is required.

Printed Name
Signature
Title
Date
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III. Environmental Initial Study Checklist and Impact Analysis

3.3 ENVIRONMENTAL IMPACT ANALYSIS

1. Aesthetics
Environmental Setting
Scenic Vistas and Scenic Resources
The City's General Plan does not define any designated scenic vistas or resources in the City. The General Plan includes an. Open Space/Parks designation applied to areas that are public parks or private land reserved for open spaces. However, all these lands are either developed with park uses or utility infrastructure and surrounded by urbanized areas. The City is bounded by urban development to the north and south, the Rio Hondo River, a concrete lined channel, to the east, and the I-710 to the west.

Visual Character
The City is urbanized with very limited vacant land. The City has been fully developed since its incorporation in 1961. Very little undeveloped land remains and is limited to scattered vacant lots. The predominate land use in the City is residential, with 58% of the land in the City designated as residential.

The remainder of land is designated either commercial, industrial, public/institutional, or park uses.

Light and Glare
The City is developed with established existing sources of light and glare, such as streetlights and parking lights, walkway lights, lighted recreational facilities, and light emitted from residential and nonresidential buildings. The City is surrounded by other urbanized development on all sides. Many of the City's residential neighborhoods are surrounded or flanked with commercial, light manufacturing uses, and highway uses which may create greater lighting effects.

Regulatory Setting
Regulations exist at state and local levels that guide development and influence the physical form and aesthetic character of the City and include:
• California Scenic Highway Program
• City of Bell Gardens General Plan
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III. Environmental Initial Study Checklist and Impact Analysis Discussion
List of Applicable EJ Goals and Policies:

Goal 1: Minimize the community's exposure and impacts from environmental pollution.

Goal 4: Expand and provide new public services accommodate persons of all ages and socioeconomic levels.

Policy 1:

Minimize resident's exposure to air pollution near high -volume roadways (ex, freeways) through site planning, building design, and other measures, focusing on the needs of vulnerable populations (i.e., families with children, people with disabilities, seniors).

Policy 2: Minimize siting sensitive receptors (i.e., residential, and institutional uses) near pollution sources, such as freight -handling and manufacturing facilities.

Policy 4: Preserve and enhance natural landscapes and tree canopies within public open spaces to reduce air pollution impacts and heat exposure.

Policy 9:

Discourage the siting of commercial uses and industrial facilities that might significantly impact the overall air quality, especially near impacted communities that are vulnerable to the effects of asthma. This includes communities in neighboring jurisdictions.

Policy 25: Attract grocery stores that sell organic groceries to underserved areas through financial incentives, zoning changes, technical assistance, and other methods.

Policy 28: Expand the Town Trolley bus service hours and bus stop locations to better accommodate City Council and Commission meetings.

Except as provided in Public Resources Code
section 21099:
a. Would the project have a substantial
adverse effect on a scenic vista?
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
x
No Impact. A scenic vista is generally defined as a view of undisturbed natural characteristics exhibiting a unique feature that comprises an important or dominant portion of the viewshed.

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III. Environmental Initial Study Checklist and Impact Analysis Although scenic vistas are identified at the discretion of its jurisdiction, common examples of scenic vistas include open hillsides, mountain ranges, rivers/streambeds, and large bodies of water.

Public views are those experienced by the collective public. These include views of significant landscape features such the Pacific Ocean or mountain ranges, as seen from public viewing spaces, not privately owned properties. The analysis below addresses public views and not private views since obstruction of private views is not generally regarded as a significant environmental impact. (See, Citizens for Responsible and Open Government v. City of Grand Terrace (2008) 160 Cal.App.4th 1323; Mira Mar Mobile Community v. City of Oceanside (2004) 119 Ca1.App.4th 477). Case law has established that protection of public views is generally emphasized.

The City of Bell Gardens has not identified any vistas or resources as scenic vistas or scenic resources.

The Project is a policy document that will be part of the City of Bell Gardens General Plan. Project implementation does not grant any land use entitlements, authorize development of any specific development project, change base zoning districts, or require any direct physical changes to land or existing development. The EJ Element is intended to reflect the City's efforts in addressing environmental hazards to disadvantaged communities. Accordingly, future discretionary projects following the adoption of the EJ Element such as expansion of the Town Trolley system, new grocery stores, or affordable housing projects would be required to undergo a separate environmental review under CEQA to evaluate project -level scenic vista impacts and implement the required mitigation.

However, meaningful environmental review cannot be conducted at this time because there is no certainty that development will occur or to what degree any given parcel will be developed, and any environmental analysis would therefore be speculative. As such, no impacts to any scenic vistas as a result of the EJ Element.

Mitigation Measures: No mitigation measures are required. b. Would the project substantially
damage scenic resources, including,
but not limited to, trees, rock
outcroppings, and historic buildings
within a state scenic highway?
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact
No Impact
x
No Impact. The State Scenic Highways Program is designed to protect and enhance the natural scenic beauty of California highways and adjacent corridors through special conservation treatment. The City Impact Sciences, Inc.
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III. Environmental Initial Study Checklist and Impact Analysis is not located near any designated or eligible state scenic highways per the State of California Department of Transportation.6 The closest eligible state scenic highway would be State Route 1, located approximately 11.4 miles southeast of the City of Bell Gardens.? The closest officially designated National Scenic Byway is State Route 110 (Arroyo Seco Historic Parkway), which is located. approximately 7.6 miles northwest of the City (please see Figure 3.3-1, Scenic Highways).8 Due to these distances, the EJ Element would not have an impact on scenic resources, including, but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway within City limits or in the vicinity of City. Therefore, the Project would have no impact.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
c. Would the project, in non -urbanized
areas, substantially degrade the existing
visual character or quality of public views
of the site and its surroundings? (Public
views are those that are experienced from
a publicly accessible vantage point). If the
project is in an urbanized area, would the
project conflict with applicable zoning
and other regulations governing scenic
quality?
x
Less Than Significant. Because the Project is located in an urbanized area, this analysis focuses on whether the Project would conflict with applicable zoning and other regulations governing scenic quality. The City of Bell Gardens is a dense and highly urbanized community with very limited vacant land.
6 7
8 City of Bell Gardens, Bell Gardens General Plan, 2010. Available online at:
htt Ds:// www.bellgardens.org/government/city-departments/community-develo Dment/ Dlanning/general-plan, accessed January 10, 2024.

California Department of Transportation, "List of Eligible and Designated Scenic Highways." Available online at: https://dot.ca.gov/programs/design/la -landscape-architecture-and-community-livability/la J-liv-i-scenic- highways, accessed April 5, 2024.

California Department of Transportation, "State Scenic Highway Map." Available online at:
htt-as://caltrans.maps.arcgis.com/apps/webap-Dviewer/index.html?id=465dfd3d807c46cc8e8057116f1 aacaa, accessed April 5, 2024.

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Sierra Madre
o ^nica
Santa M�
0 West
Hollywood
Beverly Hills
1'"1 r6 57.

Culver City
Baldwin
Hills
Inglewood
divci
Lennox
Hawthorne
Glendale
Los Angeles
P`sadena
Arcadia
East San
Gabriel
Alham©raabriel
Rosemead
Monterey Park
East Los
Angeles
Montebello
Commerce
Maywood
Huntington
Park
Florence -Graham
11©secrans
H1//s
Redondo
Beach Torrance
5 t I
IIami
Carson
10 Miles
Cud
South Gate
Lynwood
Willowbrook
East Rancho
Dominguez
Santa Fe
Downey Springs
Bellflower
Lakewood
Signal Hill
El Monte
South El
Monte
Whittier
Duarte
Azusa Glendora
Vincent
West Covina
West Puente
Avocado Valley
Heights
Valinda
1390 fr
South Whittier
Norwalk
Cerritos Buena Park
La Palma
Hawaiian
Gardens

6.ril Rc.i
Los Alamitos
La Puente
La Habra
Fullerton
An
Walnut
Yorba Linda
Plan Area
Scenic Highways
(Irannp
SOURCE:Caltrans, 2024; Esri, 2024
IMPACT

SCIENCES
Figure 3.3-1 Scenic Highways
1468.001.04/2024

III. Environmental Initial Study Checklist and Impact Analysis The EJ Element contains goals and policies to address the disproportionate effects of environmental pollution on disadvantaged communities. The EJ Element is a policy -level document, and no specific physical improvements or development are proposed at this time. Future discretionary projects following the adoption of the EJ Element would be subject to the City's policies and regulations, as well as appropriate environmental review pursuant to CEQA. This analysis would identify any project - specific impacts, and if necessary, mitigation would be applied to reduce the level of impact. Further, future projects would be required to comply with the applicable regulatory requirements outlined in Title 9 (Zoning and Planning Regulations) in the City of Be11 Gardens Municipal Code (BGMC) pertaining to aesthetic quality and discretionary review. As such, impacts related to conflict with applicable zoning regulations related to visual quality would be less than significant.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
d. Would the project create a new source of
substantial light or glare which would
adversely affect day or nighttime views in
the area?
x
No Impact. Sources of lighting or glare are typical in highly developed, urban environments (e.g., sunlight reflecting off building materials and glass windows). The City is developed with established existing sources of light and glare, such as streetlights and parking lights, walkway lights, lighted recreational facilities, and light emitted from residential and nonresidential buildings. The City is surrounded by similarly urbanized and developed cities. Many of the City's residential neighborhoods are surrounded or flanked with commercial, light manufacturing, and highway uses which create greater lighting effects.

As a policy document, the EJ Element does not include any site -specific development projects that may create new sources of substantial light or glare. Therefore, the Project would not create a new source of substantial light or glare, and no impact would occur. Furthermore, future projects following the adoption of the EJ Element would be constructed in already urbanized areas, as the City is predominantly built out and commonly includes existing light sources. Future discretionary projects that result in new sources of lighting or glare would be evaluated pursuant to CEQA and evaluated and identify any significant impacts and apply any required mitigation measures.

Mitigation Measures: No mitigation measures are required.

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III. Environmental Initial Study Checklist and Impact Analysis

2. Agricultural Resources
Environmental Setting
The City of Bell Gardens is urbanized and does not contain any agricultural resources. According to the General Plan, in the early years of the 20th century, gardeners and small farms in the Bell Gardens region thrived by producing quality vegetables for nearby markets. However, these agricultural communities were short-lived due to the rapid urbanization that occurred in the 1920s and 1930s. There are no Williamson Act parcels within the City.

Regulatory Framework
Regulations exist at federal, state, and local levels with regard to agricultural resources and include:
• Farmland Mapping and. Monitoring Program
• California Land Conservation Act (Williamson Act)
Discussion
List of Applicable EJ Goals and Policies:

The EJ Element does not contain any goals or policies related to agricultural resources. No specific development projects are proposed as part of the EJ Element, and no changes in existing land use zones or densities, nor any changes to land use regulations are proposed.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
a. Would the project convert Prime Farmland,
Unique Farmland, or Farmland of
Statewide Importance (Farmland), as
shown on the maps prepared pursuant to
the Farmland Mapping and Monitoring
Program of the California Resources
Agency, to non-agricultural use?
X
No Impact. The City of Bell Gardens is an urbanized environment with no agricultural land under commercial cultivation. However, according to the California Department of Conservation (DOC), approximately 42.1 acres of vacant land located in the center of the City is designated as "Unique Impact Sciences, Inc.
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III. Environmental Initial Study Checklist and Impact Analysis Farmland" as shown in Figure 3.3-2, Farmland.9 Unique Farmland is defined by the DOC as "Lesser quality soils used for the production of the state's leading agricultural crops. This land is usually irrigated but may include non -irrigated orchards or vineyards as found in some climatic zones in California. Land must have been cropped at some time during the four years prior to the mapping date." On January 9, 2023, the City of Bell Gardens City Council updated the General Plan Land Use Map and Zoning Map, and there are no agricultural land located in the City. However, the California Department of Conservation Map has not been updated to reflect this change, as shown in Figure 3.3- 3, General Plan Land Use Map. Currently, there are no agricultural nor farmland uses in the city. The General Plan Land Use map for the City of Bell Gardens reflects this change as the area is currently designated as "Open Space and Recreation." 10
The EJ Element is a policy -level document that would not result in the approval of any physical improvements or development that would result in the conversion of Farmland as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program. Although there are areas of Unique Farmland within the City, the Project would not convert farmland to non-agricultural use.

Therefore, no impact would occur. Any future discretionary project that proposes to convert the City's Unique Farmland would be analyzed pursuant to CEQA and identify any project impact and apply any required mitigation measure.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
b. Would the project conflict with existing
zoning for agricultural use, or a Williamson
Act contract?
X
No Impact. Only land located within an agricultural preserve is eligible for enrollment under a Williamson Act contract. According to the California Department of Conservation California Williamson Act Enrollment Finder,11 there is no land in the City designated as enrolled under a 9 10
11 California Department of Conservation, "California Important Farmland Finder," Available online at:
htt Js://maps.conservation.ca.gov/dlrp/ciff/, accessed April 3, 2024.

Southern California Association of Governments (SCAG), General Plan Land Use in City of Bell Gardens, 2019 (p. 23). Available online at: httos://scag.ca.gov/sites/main/files/file-attachments/bellgardens.-Ddf?1604793107, accessed April 3, 2024.

California Department of Conservation, Williamson Act Program. Available online at:
htt Ds:// www.conservation.ca.gov/dlr 3/Ica, accessed on Apri18, 2024.

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III. Environmental Initial Study Checklist and Impact Analysis Williamson. Act contract. As stated above, the City is highly urbanized.12 As shown in Figure 3.3-4, Williamson Act Land, there is currently no land within the City located within an agricultural preserve nor enrolled under a Williamson Act contract. Additionally, the Project would not directly result in the approval of any physical improvements and does not include any direct changes to the General Plan.

Land Use Element, base zoning designations, or to any physical development standards. Therefore, the EJ Element would not conflict with existing agricultural zoning or a Williamson Act Contract, and no impact would occur.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
c. Would the project conflict with existing
zoning for, or cause rezoning of, forest land
(as defined in Public Resources Code Section
12220 (g)), timberland (as defined by Public
Resources Code Section 4526), or timberland
zoned Timberland Production (as defined by
Government Code Section 51104 (g))?
x
No Impact. As shown in Figure 3.3-5, Forests, the City does not contain any forest land (as defined by PRC § 12220(g)), timberland (as defined by PRC § 4526), or timberland zoned for Timberland Production (as defined by Government Code § 51104(g)).13 The EJ Element will not result in the approval of any physical improvements or development and does not include any changes to the General Plan Land Use Element or zoning designations. Approval of the Project would not conflict with the General Plan, existing zoning or cause rezoning of forest land, timberland, or timberland zoned Timberland Production. No impact would occur.

Mitigation Measures: No mitigation measures are required. 12 California. Department of Conservation, State of California Williamson Act Contract Land. Available online at:
htt Js://maps.conservation.ca.gov/dlrp/WilliamsonAct/, accessed on April 8, 2024. 13 California Department of Fish and Wildlife, California. Forests and Timberlands. Available online at:
htt Js://nrm.dfg.ca.gov/FileHandler.ashx?DocumentlD=109919, accessed April 3, 2024.

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III. Environmental Initial Study Checklist and Impact Analysis Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
d. Would the project result in the loss of
forest land or conversion of forest land to a
non -forest use?
No Impact. See response to Section 2.c, above.

X
Forest land is defined as "...land that can support 10 -percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits." 14 Timberland is defined as: "land...which is available for, and capable of, growing a crop of trees of any commercial species used to produce lumber and other forest products, including Christmas trees." 15 Bell Gardens is a developed urbanized environment, with few vacant parcels. There is no identified forest land or timberland within the City and implementation of the EJ Element would not result in a loss of forest land or timberland. No impact would occur.

Mitigation Measures: No mitigation measures are required. e. Would the project involve other changes
in the existing environment which, due to
their location or nature, could result in
conversion of Farmland, to non-
agricultural use or conversion of forest
land to non -forest use?
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact
No Impact
X
No Impact. See responses to Sections 2.a through d, above. The City is located in an urbanized area, and there are no agricultural uses or related uses within the City. The Project will not result in the approval of any physical improvements and does not include any changes to the General Plan Land Use Element or zoning designations. The EJ Element is a policy -level document that would not result in the physical development or improvements resulting in the conversion of Farmland or forest lands to non-agricultural uses or non -forest uses, respectively, and therefore, no impact would occur. 14 California Public Resources Code, Section 12220(g).
15 PRC, § 4526.

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III. Environmental Initial Study Checklist and Impact Analysis Mitigation Measures: No mitigation measures are required.

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212

SOURCE:California Department of Conservation; Esri, 2024 IMPACT

SCIENCES
Figure 3.3-2 Farmland
1468.001.04/2024

b fi�nSG Ni k°'x
Single Family Residential Facilities Open Space and Recreation Multi -Family Residential Education INN Agriculture
Mobile Homes and Trailer Parks IN Military Installations Vacant Mixed Residential Ell Industrial Water
Rural Residential Transportation, Communications, and Utilities MIN Specific Plan NM General Office Mixed Commercial and Industrial Undevelopable MN Commercial and Services NM Mixed Residential and Commercial Unknown SOURCE: SCAG, 2019

IMPACT'

SCIENCES
Figure 3.3-3 General Plan Land Use Map
Exhi
21 s P dres
onalrorest
0 5 10 Miles
t I
o
Simi Valley
Thousand Oaks
o
SOURCE:California Department of Conservation; Esri, 2024 IMPACT

SCIENCES
o
o
Santa Clarita
o
Palmdale
Los Angeles o
El Monte
O
Santa Monica
Redondo Beach
Long Beach
o
Anaheim
o
0Santa Ana
Huntington
Beach
o
18 Rancho
O
Cucamonga
Ontario
o
Lake Fon
o
Corona
o
Victorville
Riverside
o
Plan Area
Williamson Act Land
Perri
Figure 3.3-4 Williamson Act Land
1468.001.04/2024

SOURCE: CDFW, 2024
IMPACT

SCIENCES
Figure 3.3-5 Forests
Exhi
216

III. Environmental Initial Study Checklist and Impact Analysis

3. Air Quality
Environmental Setting
Existing Conditions
The City of Bell Gardens is located in the South Coast Air Basin (herein referenced as "SCAB" or the "Basin"), the air basin is an area of approximately 6,745 square miles bound by the Pacific Ocean to the west and south and the San. Gabriel, San. Bernardino, and San Jacinto Mountains to the north and east. The SCAB includes all of Orange County and the non -desert portions of Los Angeles, Riverside, and San Bernardino Counties, in addition to the San Gorgonio Pass area in Riverside County. The terrain and geographical location determine the distinctive climate of the SCAB, which is a coastal plain with connecting broad valleys and low hills.

The SCAB lies in the semi -permanent high-pressure zone of the eastern Pacific. As a result, the climate is mild, tempered by cool sea breezes. The usually mild climatological pattern is interrupted infrequently by periods of extremely hot weather, winter storms, or Santa Ana winds. The extent and severity of the air pollution problem in the SCAB is a function of the area's natural physical characteristics (weather and topography) as well as human -made influences (development patterns and lifestyle). Factors such as wind, sunlight, temperature, humidity, rainfall, and topography all affect the accumulation and dispersion of pollutants throughout the SCAB, making it an area of high pollution potential.

The greatest air pollution impacts in the SCAB occur from June through September, mainly because of the combination of large amounts of pollutant emissions, light winds, and shallow vertical atmospheric mixing. This frequently reduces pollutant dispersion, causing elevated air pollution levels. Pollutant concentrations in the SCAB vary with location, season, and time of day. Ozone concentrations, for example, tend to be lower along the coast, higher in the near inland valleys, and lower in the far inland areas of the SCAB and adjacent desert.

Regulatory Framework
California Air Resources Board
The California Air Resources Board (CARB) is the regulatory agency charged with protecting the public from the harmful effects of air pollution and developing programs and actions to fight climate change.

CARB's mission is to promote and protect public health, welfare, and ecological resources through effective reduction of air pollutants while recognizing and considering effects on the economy. CARB is the lead Impact Sciences, Inc.
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III. Environmental Initial Study Checklist and Impact Analysis agency for climate change programs and oversees all air pollution control efforts in California to attain and maintain health -based air quality standards.

South Coast Air Quality Management District
The South. Coast Air Quality Management District (SCAQMD) is the regulatory agency responsible for improving air quality in the SCAB. The SCAQMD is responsible for controlling emissions primarily from stationary sources of air pollution. These can include anything from large power plants and refineries to the corner gas station. There are about 28,400 such businesses operating under SCAQMD permits. Many consumer products are also considered stationary sources; these include house paint, furniture varnish, and thousands of products containing solvents that evaporate into the air. About 25% of the SCAB's ozone - forming air pollution comes from stationary sources, both businesses and residences. The other 75% comes from mobile sources —mainly cars, trucks, and buses, but also construction equipment, ships, trains and airplanes.16 Emission standards for mobile sources are established by state or federal agencies, such as the CARB and the U.S. Environmental Protection Agency (U.S. EPA), rather than by local agencies such as SCAQMD.

Local Air Quality
Ambient air quality in Bell Gardens can be inferred from ambient air quality measurements conducted at nearby air quality monitoring stations. Existing levels of ambient air quality and historical trends and projections are documented by measurements made by the SCAQMD, the air pollution regulatory agency in the Basin. The SCAQMD maintains air quality monitoring stations which process ambient air quality measurements throughout the Basin.

The purpose of the monitoring station is to measure ambient concentrations of pollutants and determine whether ambient air quality meets the National Ambient Air Quality Standards (NAAQS) and the California Ambient Air Quality Standards (CAAQS). Ozone and particulate matter (PM10 and PM2.5) are pollutants of particular concern in the Basin. While the City is located within SRA 5, there are no monitoring stations in SRA 5. At the recommendation of SCAQMD staff, the monitoring station located closest to the City and most representative of air quality for the area is CARB No.177, La Habra, North Orange County in SRA 16. The La Habra monitoring station provides data on only CO, Ozone, and Nitrogen Dioxide.

Therefore, ambient data for PM2.5 was taken from CARB No. 112, Compton, South Central LA County.

Ambient emission concentrations vary due to localized variations in emissions sources and climate and 16 SCAQMD, Air Quality Sensor Performance Evaluation Center — About South Coast AQMD. Available online at:
https://www.acmd.gov/ac-spec/aboutscacmd , accessed Apri13, 2024.

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Exhibit 4
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Bell Gardens Environmental Justice Element IS/ND
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III. Environmental Initial Study Checklist and Impact Analysis should be considered "generally" representative of ambient concentrations near the City. See Table 2-3, Air Monitoring Station Ambient Pollutant Concentrations.

Table 2-3
Air Monitoring Station Ambient Pollutant Concentrations Carbon Monoxide (COP
Maximum 1 -hour concentration monitored (ppm)

2.1.0 2.30

2.5 Maximum 8 -hour concentration monitored (ppm)

1.20 1.30

1.4 Number of days exceeding state 1 -hour standard
20 ppm
0 0
0 Number of days exceeding federal 1 -hour standard
35 ppm
0 0
0 Maximum 1 -hour concentration monitored (ppm)

0.171

0.103

0.106
Maximum 8 -hour concentration monitored (ppm)

0.113

0.075

0.087
Number of days exceeding state 1 -hour standard

0.09 ppm
15 2
1 Number of days exceeding federal/state 8 -hour standard

0.070 ppm
23 / 23
2 / 3
3 / 4
Nitrogen Dioxide (NO2)a
Maximum 1 -hour concentration monitored (ppm)

0.057

0.064

0.058
Annual average concentration monitored (ppm)

0.013

0.013

0.012
Number of days exceeding state 1 -hour standard

0.18 ppm
0 0
0 Fine Particulate Matter (PM2.5)b
Maximum 24 -hour concentration monitored (µg/m3)

43.20 1.02.1.0

52.80 Annual average concentration monitored (µg/m3)

13.57 13.41

12.25 Number of samples exceeding federal standard
35 pg/m3
7 12
6 "Data from CARB No. 177
e Data from CARB No. 112
Source: South Coast Air Quality Management District. Historical Data By Year. Available online at: https://www.agmd.gov/home/air- quality/historical-air-quality-data/historical-data-by-year accessed October 2023. ' Parts by volume per million of air (ppm), micrograms per cubic meter of air (µg/m3), or annual arithmetic mean (aam).

The 8 -hour federal Oa standard was revised from 0.075 ppm to 0.070 ppm in 2015. The statistics shown are based on the 2015 standard of

0.070 ppm.

Regulations exist at federal, state, and local levels with regard to air quality and include:

Federal Clean Air Act
The 1970 Federal Clean. Air Act (FCAA) authorized the establishment of national health -based air quality standards and also set deadlines for their attainment. The FCAA Amendments of 1990 changed deadlines for attaining national standards as well as the remedial actions required of areas of the nation that exceed. the standards. Under the FCAA, state and local agencies in areas that exceed the national standards are required to develop State Implementation. Plans to demonstrate how they will achieve the national Impact Sciences, Inc.
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III. Environmental Initial Study Checklist and Impact Analysis standards by specified dates. The FCAA requires that all projects receiving federal funds demonstrate conformity to the approved. State Implementation Plan and local air quality attainment plan for the region.

California Clean Air Act
The California Clean. Air Act (CCAA) provides local air quality districts with authority to regulate indirect sources and mandates that air quality districts focus particular attention on reducing emissions from. transportation and area -wide emission sources. GARB is the agency responsible for coordination and oversight of state and local air pollution control programs in California and for implementing the CCAA.

Each nonattainment district is required to adopt a plan to achieve a five percent annual reduction, averaged over consecutive three-year periods, in district -wide emissions of each nonattainment pollutant or its precursors. A Clean Air Plan shows how a district would reduce emissions to achieve air quality standards.

Generally, the state standards for these pollutants are more stringent than the national standards.

Criteria Air Pollutants
Concentrations of criteria air pollutants are used to indicate the quality of the ambient air. Criteria air pollutants include ozone, carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), particulate matter less than 10 micrometers (coarse or PM10), particulate matter less than 2.5 micrometers (fine or PM2.5), and lead. However, ozone, PM10, and PM2.5 are the criteria air pollutants of primary concern in the SCAB due to their nonattainment status with respect to the applicable National Ambient Air Quality Standards (NAAQS) and/or California Ambient Air Quality Standards (CAAQS). The SCAB is in nonattainment for 1 -hour and 8 -hour ozone CAAQS and NAAQS, 24 -hour and annual PM10 CAAQS, and 24 -hour and annual PM2.5 CAAQS and NAAQS. The SCAB is in attainment or unclassified for all other criteria pollutants.

SCAQMD 2022 Air Quality Management Plan
State Implementation Plans (SIP) are comprehensive plans that describe how an area will attain NAAQS.

State law makes CARB the lead agency for all purposes related to the SIP. Local air districts and other agencies prepare SIP elements and submit them to CARB for review and approval. CARB then forwards SIP revisions to the U.S. EPA for approval and publication in the Federal Register. The 2022 Air Quality Management Plan (2022 AQMP) is the SIP for the Basin. The 2022 AQMP identifies the control measures that will be implemented to reduce major sources of pollutants. Implementation of control measures established in the previous AQMPs has substantially decreased the population's exposure to unhealthful levels of pollutants, even while population growth has occurred in the SCAB.

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III. Environmental Initial Study Checklist and Impact Analysis On December 2, 2022, the SCAQMD Governing Board approved the 2022 AQMP that lays a path for improving air quality and meeting federal air pollution standards by 2037. The 2022 AQMP aims to, among other goals, reduce almost 70 percent of smog forming emissions by 2037 beyond existing regulations, require zero -emission technologies across all sectors, and lay out specific actions needed from the federal government to reduce emissions from ships, trains, aircraft, and other sources primarily under federal regulatory authority. The 2022 AQMP also focuses on communities disproportionately impacted by air pollution with a dedicated chapter on environmental justice.

The future air quality levels forecast in the 2022 AQMP are based on the most recent assumptions provided by both CARB and the Southern California Association of Governments (SCAG) for motor vehicle emissions and demographic updates and includes updated transportation conformity budgets. For example, future growth projections were based on demographic growth forecasts for various socioeconomic categories (e.g., population, housing, employment by industry) developed by SCAG for their 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (herein referenced as "Connect SoCal" or "2020 RTP/SCS"). The 2022 AQMP also assumes that development projects will include strategies (mitigation measures) to reduce emissions generated during construction and operation in accordance with SCAQMD and local jurisdiction regulations, which are designed to address air quality impacts and pollution control measures. The 2022 AQMP acknowledges that the most significant air quality challenge in the Basin is to reduce nitrogen oxides (NOX) emissions sufficiently to meet the upcoming ozone standard deadlines. The 2022 AQMP incorporates the latest scientific and technical information and planning assumptions, including SCAG's 2020 RTP/SCS, updated emission inventory methodologies for various source categories, and SCAG's latest growth forecasts. The 2022 AQMP includes integrated strategies and measures to attain the NAAQS.

SCAQMD Rules and Regulations
All projects are subject to adopted SCAQMD rules and regulations in effect at the time of construction.

Specific rules applicable to the construction of the project may include but are not limited to the following:
• Regulation IV, Rule 402: Nuisance. A person shall not discharge from any source whatsoever such quantities of air contaminants or other materials which cause injury, detriment, nuisance or annoyance to any considerable number of persons or the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause or have natural tendency to cause injury or damage to business or property.

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III. Environmental Initial Study Checklist and Impact Analysis • Regulation IV, Rule 403: Fugitive Dust. The developer or contractor is required to implement Best Available Control Measures for all sources, and all forms of visible PM are prohibited from crossing any property line.
• Regulation XI, Rule 1113: Architectural Coatings. The manufacturer, distributor, and end user of architectural and industrial maintenance coatings to reduce VOC emissions from the use of these coatings, primarily by placing limits on the VOC content of various coating categories. • Regulation XII, Rule 1186: PM10 Emissions from Paved and Unpaved Roads, and Livestock Operations. The purpose of this rule is to reduce the amount of PM entrained in the ambient air as a result of vehicular travel on paved and unpaved public roads. • Regulation XIV, Rule 1403: Asbestos Emissions from Demolition/Renovation Activities. The owner or operator of any demolition or renovation activity is required to have an asbestos study performed prior to demolition and to provide notification to SCAQMD prior to commencing demolition activities.

The SCAQMD recommends that its quantitative air pollution thresholds be used to determine the significance of project emissions. Projects in the SCAB would generate significant emissions if daily emissions exceed the regional thresholds of significance shown in Table 2-4, SCAQMD Regional Thresholds of Significance.

Table 2-4
SCAQMD Regional Thresholds of Significance
Polluta,
NOx
Construction (pounds per day) Operations (pounds per day) 100
55 VOC
75 55
PM10
150
150
PM2.5
55 55
SOx
150
150
CO
550
550
Source: SCAQMD. 2023. South Coast AQMD Air Quality Significance Thresholds. https://www.agmd.gov/docs/default- source/ceqa/handbook/south-coast-agnid-air-quality-significance-thresholds.pdf?sfvrsn=25 accessed April 8, 2024.

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III. Environmental Initial Study Checklist and Impact Analysis Sensitive Receptors
Some people are particularly sensitive to air pollution, including persons with respiratory illnesses or impaired lung function because of other illnesses, the elderly, and children. Facilities and structures where these people live or spend considerable amounts of time are known as sensitive receptors. The SCAQMD defines land uses considered to be sensitive receptors as long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, childcare centers, and athletic facilities.

Discussion
List of Applicable EJ Goals and Policies:

Goal 1:

Goal 2:

Policy 1:

Minimize the community's exposure and impacts from environmental pollution.

Improve citywide health by focusing on prevention and intervention.

Minimize resident's exposure to air pollution near high -volume roadways (ex, freeways) through site planning, building design, and other measures, focusing on the needs of vulnerable populations (i.e., families with children, people with disabilities, seniors).

Policy 2: Minimize siting sensitive receptors (i.e., residential, and institutional uses) near pollution sources, such as freight -handling and manufacturing facilities.

Policy 3: Promote the use of indoor air filtration systems on individual properties through education and exploration of grants or other funding incentives.

Policy 4: Preserve and enhance natural landscapes and tree canopies within public open spaces to reduce air pollution impacts and heat exposure.

Policy 8: Coordinate with the applicable public and non-profit agencies (i.e., Los Angeles County Department of Public Health) to create/expand educational programs and campaigns regarding health risks related to poor air quality, water and soil contamination, and other contaminants such as lead paint, asbestos, mercury, etc.

Policy 9:

Discourage the siting of commercial uses and industrial facilities that might significantly impact the overall air quality, especially near impacted communities that are vulnerable to the effects of asthma. This includes communities in neighboring jurisdictions.

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III. Environmental Initial Study Checklist and Impact Analysis Policy 14: Encourage the rehabilitation and preservation of substandard homes owned/occupied by lower income households, including retrofitting for environmental sustainability.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
a. Would the project conflict with or obstruct
implementation of the applicable air
quality plan?
x
Less than Significant Impact. As part of its enforcement responsibilities, the U.S. EPA requires each state with nonattainment areas to prepare and submit a SIP that demonstrates the means to attain the federal standards. The SIP must integrate federal, state, and local plan components and regulations to identify specific measures to reduce pollution in nonattainment areas, using a combination of performance standards and market -based programs. Similarly, under state law, the CCAA requires an air quality attainment plan to be prepared for areas designated as nonattainment with regard to the federal and State ambient air quality standards. Air quality attainment plans outline emissions limits and control measures to achieve and maintain these standards by the earliest practical date.

The Project contains environmental justice goals and policies that are consistent with and are also in support of the 2022 AQMP, such as the EJ Element Goal 1 of minimizing the community's exposure and impacts from environmental pollution and EJ Element Goal 2 of improving citywide health by focusing on prevention and intervention. Policies 1, 2, and 14 of the EJ Element further support the 2022 AQMP.

The EJ Element is intended to reflect the City's efforts in addressing public health risks and environmental concerns for vulnerable populations in disadvantaged communities which have long suffered public health effects from geographical inequalities, however, the EJ Element is a policy -level document that does not include any site -specific development, designs, proposals, nor does it grant any entitlement for development. The Project would not change the General Plan Land Use Element, base zoning designations, or any physical development standards. The Project includes goals and policies such as minimizing the community's exposure to environmental pollution and promoting the use of indoor air filtration systems. As a result, the Project would not conflict with or obstruct implementation of the applicable air quality plan; therefore, less than significant impacts would occur.

Mitigation Measures: No mitigation measures are required.

Impact Sciences, Inc.
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III. Environmental Initial Study Checklist and Impact Analysis Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
b. Would the project result in a cumulatively
considerable net increase of any criteria
pollutant for which the project region is
non -attainment under an applicable
federal or state ambient air quality
standard?
x
Less Than Significant. Cumulative impacts may result from individually minor but collectively significant projects, which "when considered together, are considerable or which compound or increase other environmental impacts" (CEQA Guidelines § 15355).

The Project would be considered cumulatively significant if its impacts exceed SCAQMD project - specific significance thresholds.17 The EJ Element is intended to reflect the City's efforts in addressing public health risks and environmental concerns for vulnerable populations in disadvantaged communities which have long suffered public health effects from geographical inequalities. The EJ Element contains goals (Goal 1 and 2) and policies (Policy 1, 2, and 14) that support cleaner air for the community. The EJ Element is a policy -level document that does not include any site -specific development, designs, proposals, nor does it grant any entitlement for development. The Project would not change the General Plan Land Use Element, base zoning designations, or any physical development standards. The Project would not directly result in physical development and therefore, would not exceed SCAQMD thresholds for regional emissions or localized impacts of criteria pollutants.

Indirect impacts could occur from improvements due to the goals and policies contained in the Project.

For instance, Policy 14 encourages the rehabilitation and preservation of substandard homes owned/occupied by lower income households. Retrofitting homes for environmental sustainability would ultimately support more energy -efficient practices. Additionally, future development such as affordable housing projects or new grocery stores would need to conform with all applicable City standards and regulations regarding any potential increases in an existing or projected air quality violation and would be subject to environmental review pursuant to CEQA, identifying any significant impacts and applying required mitigation measures. Therefore, the Project's contribution would not be considered cumulatively considerable, and impacts would be less than significant. 17 SCAQMD, South Coast AQMD Air Quality Significance Thresholds, 2023. Available online at:
htt-Ds://www.ac md.gov/docs/default-source/cec a/handbook/south-coast-ac md-air-cuality-significance- thresholds.jdf?sfvrsn=25, accessed April 3, 2024.

Impact Sciences, Inc.
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III. Environmental Initial Study Checklist and Impact Analysis Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
c. Would the project expose sensitive
receptors to substantial pollutant
concentrations?
x
Less Than Significant. The SCAQMD defines land uses considered to be sensitive receptors as long- term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, childcare centers, and athletic facilities.

The EJ Element is a policy -level document that does not include any site -specific development, designs, proposals, nor does it grant any entitlement for development. The EJ Element contains goals and policies that support cleaner air for the community, as shown above. As a result, the Project would not expose sensitive receptors to substantial pollutant concentrations. The EJ Element is intended to reflect the City's efforts in addressing public health risks and environmental concerns for vulnerable populations in disadvantaged communities which have long suffered public health effects from geographical inequalities. Policies such as the promotion of indoor air filtration systems (Policy 3) and minimizing siting sensitive receptors near pollution sources (Policies 1, 2, and 9) would help reduce exposure to sensitive receptors. These efforts would help meet 2022 AQMP goals and reduce sensitive receptor exposure to pollutant concentrations. No goals and policies included in the EJ Element would expose sensitive receptors to substantial pollutant concentrations; therefore, less than significant impacts would occur.

Mitigation Measures: No mitigation measures are required. d. Would the project result in other
emissions (such as those leading to odors)
adversely affecting a substantial number
of people?
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact
x
No Impact
Less Than Significant. Odors are typically associated with industrial projects involving the use of chemicals, solvents, petroleum products, and other strong -smelling elements used in manufacturing processes, as well as sewage treatment facilities and landfills. Impacts would be considered potentially Impact Sciences, Inc.
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Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis significant if a project were to result in the creation of objectionable odors with the potential to affect substantial numbers of people, or if construction or operation of a project would result in the creation of nuisance odors that would be noxious to a substantial number of people as codified in SCAQMD Rule 402 (Nuisance).18 The EJ Element is a policy -level document that does not include any site -specific development, designs, proposals, nor does it grant any entitlement for development. The Project will not result in the approval of any physical improvements and will not alter any physical development standards. The EJ Element contains goals and policies that support cleaner air for the community. Any indirect impacts from development in accordance with the Project is not anticipated to create objectionable odors or other emissions adversely affecting a substantial number of people. Regardless, future discretionary projects following the approval of the EJ Element would be required to undergo a separate environmental review under CEQA to evaluate project -level impacts and implement required mitigation measures. As such, impacts from Project emissions such as those leading to odors would be less than significant.

Mitigation Measures: No mitigation measures are required. 18 SCAQMD. Rule 402: Nuisance (adopted May 7, 1976). Available online at: http://www.ac md.gov/docs/default- source/rule-book/rule-iv/rule-402.pdf.

Impact Sciences, Inc.
1468.001
Exhibit 4
41 227
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis

4. Biological Resources
Environmental Setting
The City is urbanized with very limited vacant land. One area of the City is shown as Freshwater Emergent Wetland and Freshwater Pond on the U.S. Fish and Wildlife Service's National Wetlands Inventory as shown in. Figure 3.3-6, Wetlands.19 This area is located in the northeastern area of the City and includes an arm of the Rio Hondo Coastal Spreading Grounds. The Rio Hondo Coastal Spreading Grounds serves as a water storage/groundwater recharge facility that retains and conserves local, imported, and reclaimed water to augment groundwater recharge in the groundwater basin. Other than this area, there are no sensitive habitats, riparian habitats, or wetlands in the City. The City does not have a tree preservation policy or ordinance.

Regulatory Framework
Regulations exist at federal, state, and local levels with regard to biological resources and include:
• Federal Endangered. Species Act
• Federal Migratory Bird Treaty Act
• Federal Clean Water Act
• California Endangered Species Act
• California Fish and Game Code
• Natural Community Conservation Planning Act
• Porter -Cologne Water Quality Control Act
• City of Bell Gardens General Plan
Discussion
List of Applicable EJ Goals and Policies:

Goal 1: Minimize the community's exposure and impacts from environmental pollution.

Policy 4: Preserve and enhance natural landscapes and tree canopies within public open spaces to reduce air pollution impacts and heat exposure. 19 U.S. Fish and Wildlife Service, "National Wetlands Inventory." Available online at:
htt Js://fwsprimary.wim.usgs.gov/wetlands/a Jps/wetlands-ma Jper/, accessed April 8, 2024.

Impact Sciences, Inc.
1468.001
Exhibit 4
42 228
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
a. Would the project have a substantial
adverse effect, either directly or through
habitat modifications, on any species
identified as a candidate, sensitive, or
special status species in local or regional
plans, policies, or regulations, or by the
California Department of Fish and Game
or U.S. Fish and Wildlife Service?
x
Less than Significant. A significant impact would occur if the Project were to lead to adverse effects on any species identified as a candidate, sensitive, or special status species according to any adopted plan, policy, or regulation. This includes effects caused by habitat modification.

The City of Bell Gardens is a highly urbanized environment, and the majority of the City is currently developed. The remaining number of undeveloped land remains is limited to scattered vacant parcels.

The General Plan includes an Open Space/Parks designation applied to areas that are public parks or private properties reserved for open spaces. However, these properties are either developed with park uses or utility infrastructure and surrounded by urbanized areas. As demonstrated in Figure 3.3-7, Significant Ecological Areas, the County has not designated any Significant Ecological Areas (SEA) within the City limits.20 The Project includes the development and implementation of an EJ Element as part of the City's General Plan. The Project would not directly result in the approval of any physical improvements or future development. Furthermore, the Project does not include any direct changes to the General Plan Land Use Element, base zoning designations, or to any physical development standards. Rather, the EJ Element would implement policies intended to preserve existing open spaces and enhance natural landscapes that may serve as a natural habitat for sensitive species. Future discretionary infrastructure and development projects associated with the implementation of the EJ Element would be subject to the City's policies and regulations related to the protection of biological resources, as well as appropriate environmental review pursuant to CEQA and identify project -specific impacts and any required mitigation measures. Therefore, less than significant impacts would occur.

Mitigation Measures: No mitigation measures are required. 20 County of Los Angeles, Department of Regional Planning, County of Los Angeles General Plan 2035, Significant Ecological Areas and Coastal Resource Areas Policy Map. Available online at: https://?lanning.lacounty.gov/wp- content/u Dloads/2022/11/9.1 Cha Dter9 Figures.pdf, accessed April 3, 2024.

Impact Sciences, Inc.
1468.001
Exhibit 4
43 Bell Gardens Environmental Justice Element IS/ND
April 2024
229

III. Environmental Initial Study Checklist and Impact Analysis Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
b. Would the project have a substantial
adverse effect on any riparian habitat or
other sensitive natural community
identified in local or regional plans,
policies, and regulations or by the
California Department of Fish and Game
or U.S. Fish and Wildlife Service?
x
Less than Significant Impact. The County of Los Angeles has not designated SEAs within the City of Bell Gardens. As a highly urbanized City, the City's General Plan does not identify any existing riparian habitats or protected natural communities. However, as shown in Figure 3.3-6, a vacant property located within the northeastern perimeter of the City's boundary is identified in the National Wetlands Inventory as a Freshwater Emergent Wetland habitat.21
The EJ Element would not directly result in the approval of any physical improvements and would not alter any physical development standards. The Project would not change the General Plan Land Use Element, base zoning designations, or any physical development standards. Rather, the Project would implement goals and policies that are intended to protect existing waterways from contamination.

Future discretionary projects following the implementation of the EJ Element would be subject to the City's policies and regulations related to the protection of riparian and sensitive habitats. This includes Policy 2 of the City's Conservational Element, which states: "The City of Bell Gardens shall, to the extent possible, protect remaining ecological resources and enhance those resources through programs in the Open Space and Recreation Element and the Circulation and Transportation Element;" as well as appropriate environmental review pursuant to CEQA and identify any required mitigation measures. Nevertheless, impacts to any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or US Fish and Wildlife Service would be less than significant.

Mitigation Measures: No mitigation measures are required. 21 U.S. Fish and Wildlife Service, "National Wetlands Inventory." Available online at:
htt Ds://fwsprimary.wim.usgs.gov/wetlands/a Dps/wetlands-ma Dper/, accessed on April 8, 2024.

Impact Sciences, Inc.
1468.001
Exhibit 4
44 230
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
c. Would the project have a substantial
adverse effect on state or federally
protected wetlands (including, but not
limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling,
hydrological interruption, or other
means?
x
Less than Significant Impact. The City is a developed urbanized environment with few vacant parcels remaining. One vacant parcel located in the northeastern portion of the City is designated as a Freshwater Emergent Wetland habitat, as shown in Figure 3.3-6.22 However, the EJ Element would implement goals and policies intended to protect and preserve existing natural habitats and waterways. Furthermore, future discretionary projects following the approval of the Project would be subject to the City's policies and regulations related to the protection of state and federally protected wetlands, as well as appropriate environmental review pursuant to CEQA and identify project -specific impacts any required mitigation measures. Impacts related to wetlands would be less than significant.

Mitigation Measures: No mitigation measures are required. d. Would the project interfere substantially
with the movement of any native resident
or migratory fish or wildlife species or
with established native resident or
migratory wildlife corridors, or impede
the use of native wildlife nursery sites?
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
x
Less than Significant. As a highly urbanized and developed City, the City's existing infrastructure may serve as barriers to migratory fish and wildlife movement (i.e., bridges, roadways). Additionally, as stated above, there are no designated SEAs identified within the City limits. The EJ Element would implement policies intended to preserve existing biological resources that serve as habitat for migratory wildlife, such as trees and shrubs. This includes Policy 4, which intends to preserve and 22 U.S. Fish and Wildlife Service, "National Wetlands Inventory." Available online at:
htt Js://fwsprimary.wim.usgs.gov/wetlands/a Jps/wetlands-ma Jper/, accessed April 8, 2024.

Impact Sciences, Inc.
1468.001
Exhibit 4
45 231
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis enhance natural landscapes and tree canopies within public open spaces to reduce air pollution impacts and heat exposure. Future discretionary projects following the implementation of the EJ Element would be subject to policies and regulations related to the protection of habitats for migratory fish and wildlife, such as Fish and Game Code (CFGC) Section 3503.5 which states that it is "unlawful to take, possess, or destroy the nest or eggs of any such bird except otherwise provided by this code or any regulation adopted pursuant thereto." In addition, fully protected species under the CFGC Section 3511 (birds), Section 4700 (mammals), Section 5515 (fish), and Section 5050 (reptiles and amphibians) are also considered special -status animal species.23 Projects following the adoption of the EJ Element would also be subject to appropriate environmental review pursuant to CEQA and apply required mitigation measures to any identified project -specific impacts. Therefore, impacts would be less than significant.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
e. Would the project conflict with any local
policies or ordinances protecting
biological resources, such as a tree
preservation policy or ordinance?
x
No Impact. The City does not have a tree preservation ordinance for trees on public or private property.

The Project includes a tree preservation ordinance for public and private trees (Measure 2.3), which would be adopted at some point following the approval of the EJ Element. Therefore, the Project would not conflict with any local policies or ordinances protecting biological resources, such as tree preservation policies or ordinances. No impact would occur.

Mitigation Measures: No mitigation measures are required. 23 California Legislative Information, Fish and Game Code. Available online at:
httDs://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=FGC&tocTitle=+Fish+and+Game+Code +-+FGC, accessed April 4, 2024.

Impact Sciences, Inc.
1468.001
Exhibit 4
46 232
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
f. Would the project conflict with the
provisions of an adopted Habitat
Conservation Plan, Natural Community
Conservation Plan, or other approved
local, regional, or state habitat
conservation plan?
x
No Impact. There are no adopted habitat conservation plans, natural community conservation plans, or other approved local, regional, or state habitat conservation plans within the City.24 Therefore, no impact would occur.

Mitigation Measures: No mitigation measures are required. 24 California Department of Fish and Wildlife, "NCCP Plan. Summaries." Available online at:
httis://wildlife.ca.gov/conservation/planning/ncc 3/plans, accessed January 10, 2024.

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Exhibit 4
47 Bell Gardens Environmental Justice Element IS/ND
April 2024
233

otia ttt Ave
Huntington
Park
ut Park
SOURCE:California Department of Conservation; Esri, 2024 Maywood
S t
8th st
F t;th
,Rittictog.,h St
Bell
South Gate
Y' °�liFaf'y'
'1.f,otsitrt
1 l t l Ly.r)wood
IMPACT

SCIENCES
Commerce
Bell Gardens
John Ar
Ford
Santa Fe
Springs
Plan Area
etlands
Freshwater Emergent Wetland
Freshwater Forested/Shrub Wetland
Freshwater Pond
Lake
Riverine
Figure 3.3-6 Wetlands
1468.001.04/2024

NOTE: Islands are not shown
in their true locations.
12 " The SEAS within cities are shown for
reference and visual continuity, and are
intended for informational purposes only.

The County considers the biological resources in the
Santa Catalina Island and Santa Monica Mountains
Coastal Zones to be of significance. The rranagerrent
and review of biological resources in the Coastal Zones differs from the countywide Significant Ecological Area regulatory program. Biological resource managerent and
regulation in the Santa Catalina Island Coastal Zone is irrplerrented through the Santa Catalina Island Local
Coastal Program. Biological rev' irce management in the Santa Monica Mountains Coastal Zone is currently
inplerrented through the Santa Monica Mountains
Local Coastal Rogram
24 Miles
5 0
Plan Area
•
Significant Ecological Areas
Significant Ecological Areas (Incorporated City)"
Coastal Resource Areas
iii Coastal Resource Areas (Incorporated City / Ocean)' Water Bodies
Unincorporated Areas
Cities

1. Alamitos Bay

2. Atadena Foothills and Arroyos

3. Antelope Valley

4. Balboa Vtktlands

5. Cruzan Masa Vernal Pads

6. East San Gabriel Valley

7. E7 Segundo Dunes

8. Griffith Park

9. Harbor Lake Regional Park

10. Joshua Tree Woodlands

11. Madrona Marsh Preserve

12. Malibu Coastline

13. Palos Verdes Peninsula and Coastline

14. Point Dune

15. Puente Hills

16. Fio Hondo College Widlife Sanctuary

17. San Andreas

18. San Orres Canyon / San Antonio Wash

19. San Gabriel Canyon

20. Santa Clara Fiver

21. Santa Felicia
22a. Santa Monica Mountains
22b. (Portions of the) Santa Monica Mountains
(Coastal Resource Area)

23. Santa Susana Mountains I Simi Fills

24. Terrrinal Island (Per 400)

25. Tujunga Valley / Hansen Darn

26. Valley Oaks Savannah

27. Verdugo Mountains

28. Santa Catalina Island (Coastal Resource
Area)
SOURCE: Department of Regional Planning, 2019
IMPACT

SCIENCES
Figure 3.3-7 Significant Ecological Areas
Exhi
235

III. Environmental Initial Study Checklist and Impact Analysis

5. Cultural Resources
Environmental Setting
Bell Gardens has a history dating back to the late 1700's. In 1771 Antonio Lugo, a 35 -year -old corporal in. the Spanish army, was given a land grant of more than 29,514 acres, which today is known as the cities of Bell Gardens, Maywood, Vernon, Huntington. Park, Walnut Park, Cudahy, South Gate, Lynwood, and Commerce. The City of Bell Gardens incorporated on August 1, 1961. The City was entirely developed at the time of incorporation and currently there is very little vacant land.

Regulatory Framework
Regulations exist at federal, state, and local levels with regard to cultural resources and include:
• National Historic Preservation.
• National Register of Historic Places
• Federal Native American Graves Protection and Repatriation Act • California Register of Historic Resources
• CEQA Guidelines Section 15064.5
• California Native American Graves Protection and Repatriation Act • California Public Resources Code Section 5097
• Assembly Bi11 52
• Senate Bi11 18
• Bell Gardens General Plan
Discussion
List of Applicable EJ Goals and Policies:

The EJ Element does not contain any goals or policies related to cultural resources. No specific development projects or improvements are included as part of the EJ Element, and no changes in existing land use zones or densities, nor any changes to land use regulations are proposed.

Impact Sciences, Inc.
1468.001
Exhibit 4
50 236
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
a. Would the project cause a substantial
adverse change in the significance of a
historical resource pursuant to CEQA
Guidelines Section 15064.5?
x
Less than Significant Impact. The Conservation Element of the City's General Plan identifies five historic properties within the City.25 However, the Project would not result in the approval of any physical improvements and would not alter any physical development standards that would impact any historical resources. The Project does not change the General Plan Land Use Element, base zoning designations, or any physical development standards. Future projects associated with the implementation of the EJ Element goals and policies, such as the development of a new grocery store or affordable housing project, could result in adverse changes to existing historical resources. However, future discretionary projects located in the City's Historic Overlay District would be subject to the development standards and regulations outlined in Chapter 9.18 (Overlay Districts) of the BGMC.

Future discretionary projects would also be subject to appropriate environmental review pursuant to CEQA to identify any project -specific environmental impacts and apply required mitigation measures.

Therefore, impacts related to historical resources would be less than significant.

Mitigation Measures: No mitigation measures are required. b. Would the project cause a substantial
adverse change in the significance of an
archaeological resource pursuant to
Section 15064.5?
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
x
Less than Significant Impact. Archaeological resources include material evidence of past human life and culture of previous ages. Section 15064.5 of the CEQA Guidelines states that if an archaeological site does not meet the criteria defined in subdivision (a) but does meet the definition of a unique archeological resource in PRC Section 21083.2, the site shall be treated in accordance with the 25 City of Bell. Gardens, General Plan Conservation Element, p. 5-22 (2010). Available online at:
htbs:// www.bellgardens.org/home/show-Dublisheddocument/5721/637976183381030000 , accessed January 10, 2024.

Impact Sciences, Inc.
1468.001
Exhibit 4
51 237
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis provisions of Section 21083.2. PRC Section 21083.2(g) defines a unique archeological resource as an archaeological artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it meets any of the following criteria:

1. Contains information needed to answer important scientific research questions and that there is a demonstrable public interest in that information.

2. Has a special and particular quality such as being the oldest of its type or the best available example of its type.

3. Is directly associated with a scientifically recognized important prehistoric or historic event or person.

The Project would adopt and implement a new EJ Element as part of the City's General Plan. The Project is a policy -level document and would not result in future development or the approval of any physical improvements that could substantially affect archaeological resources. Future excavation activities for projects associated with implementation of the EJ Element may encounter undiscovered archaeological resources. These projects would be subject to the appropriate environmental review pursuant to CEQA to identify project -specific impacts and any required mitigation measures.

Accordingly, any Project impact to archaeological resources pursuant to PRC Section 15064.5 would be less than significant.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
c. Would the project disturb any human
remains, including those interred outside
of formal ceremonies?
X
Less than Significant Impact. As a new element to the City's General Plan, the Project would not directly result in future development or the approval of any physical improvements. However, future discretionary projects involving excavation activities following the approval of the EJ Element may result in accidental discovery of human remains. These projects would be subject to environmental review pursuant to CEQA to analyze project -level impacts and apply any required mitigation measures. Furthermore, in the event that human remains are accidentally discovered during the Impact Sciences, Inc.
1468.001
Exhibit 4
52 238
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis construction of any associated projects, those remains would be properly treated in accordance with the with. Health and Safety Code Section 7050.5. As required by State law, the requirements and procedures set forth in PRC Section 5097.98 would also be implemented. Adherence to existing state laws would reduce impacts to less than significant levels.

Mitigation Measures: No mitigation measures are required.

Impact Sciences, Inc.
1468.001
Exhibit 4
53 239
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis

6. Energy
Environmental Setting
Electricity in the City is provided by Southern California Edison. Natural gas is provided by Southern California Gas.

Regulatory Framework
Regulations exist at federal, state, and regional levels with regard to energy and include:
• Warren-Alquist Act
• California Energy Plan
• Renewable Portfolio Standards (SB 1078, SB 107, SB X 1-2, SB 100, SB 350) • Assembly Bill 32 (California Global Warming Solutions Act of 2006) and Senate Bi11 32 • Energy Action Plan
• California Code of Regulations, Title 24 (Building Standards Code) • Sustainable Communities Strategy (SB 375)
• SCAG, 2020 RTP/SCS
Discussion
List of Applicable EJ Goals and Policies:

The EJ Element does not contain any goals or policies related to energy. No specific development projects are included as part of the EJ Element, and no changes in existing land use zones or densities, nor any changes to land use regulations are proposed.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
a. Would the project result in potentially
significant environmental impact due to
wasteful, inefficient, or unnecessary
consumption of energy resources, during
project construction or operation?
X
No Impact. The EJ Element is a policy level document that does not include any site -specific development, designs, proposals, nor does it grant any entitlement for development. The EJ Element contains goals and policies to address the disproportionate effects of environmental pollution on disadvantaged communities, and no specific projects are included at this time. As a result, the Project would not result in potentially significant environmental impact due to wasteful, inefficient, or Impact Sciences, Inc.
1468.001
Exhibit 4
54 240
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis unnecessary consumption of energy resources during building construction or operation. Future projects associated with the EJ Element would be required to undergo environmental review under CEQA on a project -by -project basis and identify project -specific impacts and implement necessary mitigation measures. Future new development would be required to comply with the state's Building Energy Efficiency Standards (Cal. Code Regs., tit. 24, Part 6), as they may be amended from time to time, to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy, and to enhance the outdoor and indoor environmental quality. These standards provide regulations for new buildings constructed in California to reduce energy demand and consumption. The Building Energy Efficiency Standards are updated every three years to accommodate new energy efficiency technologies and methodologies. Development made in accordance with the Project would not result in wasteful, inefficient, or unnecessary consumption of energy resources, therefore the Project would not result in any impacts.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
b. Would the project conflict with or
obstruct a state or local plan for
renewable energy or energy efficiency?
x
No Impact. As noted above, the EJ Element is a policy level document that does not include any site - specific development, designs, proposals, nor does it grant any entitlement for development. The EJ Element contains goals and policies to address the disproportionate effects of environmental pollution on disadvantaged communities, and no specific projects are included at this time. The Project would not change any energy efficiency policies and would comply with all State and local plans for renewable energy and energy efficiency. As such, the Project would not conflict with or obstruct any State or local plans for renewable energy or energy efficiency. Future projects following the adoption of the EJ Element would be required to undergo environmental review under CEQA on a project -by - project basis which would identify project -specific impacts and implement necessary mitigation measures. Adoption of the Project would have no impact with regard to a conflict with a State or local renewable energy or energy efficiency plan.

Mitigation Measures: No mitigation measures are required.

Impact Sciences, Inc.
1468.001
Exhibit 4
55 241
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis

7. Geology and Soils
Environmental Setting
There are no Alquist-Priolo Earthquake Fault Zones within the City of Bell. Gardens. The nearest faults to the City include the Newport- Inglewood -Rose Canyon approximately 6 miles southwest of the City and the Whittier -Elsinore Faults located approximately 7 miles northeast of the City. Other potentially active faults approximately 5 to 15 miles from the City include the Norwalk, Raymond, Santa Monica, Sierra Madre, Verdugo, and Palos Verdes Fault Zones26.

Regulatory Framework
Regulations exist at state and local levels with regard to geology and soils and include:
• Alquist-Priolo Earthquake Fault Zoning Act
• Seismic Hazards Mapping Act
• California Code of Regulations, Title 24 (Building Standards Code) - Soil Investigation Requirements • City of Bell Gardens General Plan, Safety Element
List of Applicable EJ Goals and Policies:

The EJ Element does not contain any goals or policies related to geology and soils. No specific development projects are included as part of the EJ Element, and no changes in existing land use zones or densities, nor any changes to land use regulations are proposed.

Discussion
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
a. Would the project directly or indirectly
cause potential substantial adverse
effects, including the risk of loss, injury,
or death involving:
i. Rupture of a known earthquake
fault, as delineated on the most
recent Alquist-Priolo Earthquake
Fault Zoning Map issued by the State
26 X
California. Department of Conservation, Califomia Geologic Survey, "Earthquake Zones of Required Investigation." Available online at: htt 3s://ma 3s.conservation.ca.gov/cgs/EQZAp 3/a 3/, South Gate Quad, or httjs://filerecuest.conservation.ca.gov/?c=SOUTH GATE EZRIM.pdf, accessed August 30, 2023.

Impact Sciences, Inc.
1468.001
Exhibit 4
56 242
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
Geologist for the area or based on
other substantial evidence of a
known fault? Refer to Division of
Mines and Geology Special
Publication 42.

No Impact. Fault rupture is the displacement that occurs along the surface of a fault during an. earthquake. The California Geological Survey designates Alquist-Priolo Earthquake Fault Zones, which are regulatory zones around active faults. An "active fault" has exhibited surface displacement with Holocene time (within the last 11,000 years) hence constituting a potential hazard to structures that may be located across it. As indicated by Figure 3.3-8, Fault Hazard Areas, the California Department of Conservation has not identified any Alquist-Priolo Earthquake Fault Zones within the City of Bell Gardens.27
Therefore, the EJ Element to the City's General Plan would not directly result in any ground disturbing activities which have the potential to exacerbate existing geologic conditions, including fault rupture. No impact would occur.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
ii. Strong seismic ground shaking?
x
No Impact. Southern California is an active seismic region, and moderate to strong earthquakes can occur on numerous faults. As is the case for most areas of California, the City is situated within a seismically active region. There are no major fault zones located within the City as indicated in Figure 3.3-8.28 However, there are several faults within the region that could have an impact on 27 California. Department of Conservation, Califomia Geologic Survey, "Earthquake Zones of Required Investigation." Available online at: htt Js://maps.conservation.ca.gov/cgs/EQZA 3p/a 3p/, South Gate Quad, or htt-ps://filerec uest.conservation.ca.gov/?c=SOUTH GATE EZRIM.pdf, accessed August 30, 2023. 28 California. Department of Conservation, Califomia Geologic Survey, "Earthquake Zones of Required Investigation." Available online at: htt 3s://ma 3s.conservation.ca.gov/cgs/EQZAp 3/a 33/, South Gate Quad, or htt js://filerec uest.conservation.ca.gov/?c=SOUTH GATE EZRIM.pdf, accessed August 30, 2023.

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243

III. Environmental Initial Study Checklist and Impact Analysis the City. The nearest faults to the City include the Newport- Inglewood -Rose Canyon approximately 6 miles southwest of the City and the Whittier -Elsinore Faults located. approximately 7 miles northeast of the City. Other potentially active faults approximately 5 to 15 miles from the City include the Norwalk, Raymond, Santa Monica, Sierra Madre, Verdugo, and Palos Verdes Fault Zones. The San Andreas Fault is approximately 36 miles northeast of the City and is considered the most seismically active fault in the southern California region. The intensity of ground shaking during a seismic event at any one location is determined by several factors, including: magnitude of the earthquake; distance from the epicenter (source); subsurface material beneath the location; and topography. Ground shaking could result in significant damage to buildings, roads, and other infrastructure, and may also result in associated safety hazards to people living and working in the vicinity. Considering the location of these faults to the City boundaries, the potential impact of seismic ground shaking is considered to be low.

The EJ Element is a policy -level document and would not result in future physical development or in the approval of any physical improvements. The Project does not change the General Plan Land Use Element, base zoning designations, or any physical development standards. Therefore, no impact would occur as a result of the Project.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
iii. Seismic -related ground failure,
including liquefaction?
x
Less than Significant Impact. Liquefaction is the sudden decrease in the strength of cohesionless soils due to dynamic or cyclic shaking. Saturated soils behave temporarily as a viscous fluid (liquefaction) and, consequently, lose their capacity to support the structures founded on them.

The potential for liquefaction decreases with increasing clay and gravel content but increases as the ground acceleration and duration of shaking increase. According to the California Department of Conservation, the majority of the land within the City are areas with liquefaction potential, and shown on Figure 3.3-9, Liquefaction Zones.29
29 California. Department of Conservation, Califomia Geologic Survey, Earthquake Zones of Required Investigation. Available online at: httDs://maps.conservation.ca.gov/cgs/EQZA? /a South. Gate Quad, or httjs://filerecuest.conservation.ca.gov/?c=SOUTH GATE EZRIM.pdf, accessed August 30, 2023.

Impact Sciences, Inc.
1468.001
Exhibit 4
58 244
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis The EJ Element is a policy -level document that would not result in future physical development or other physical improvements, but instead sets a series of policies intended to address health effects on disadvantaged communities in the City. Future projects following implementation of the Project could occur within potential liquefaction zones in the City. All future projects would be required to undergo separate environmental reviews pursuant to CEQA to evaluate project -specific impacts and implement any required mitigation measures. Additionally, future projects would be required to comply with the California Building Code as adopted in Title 6 (Building Code) of the BGMC, and may be amended from time to time, related to building safety to reduce potential liquefaction impacts. Therefore, implementation of the EJ Element would not expose people or structures to adverse liquefaction hazards and impacts would be less than significant.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
iv. Landslides?
X
No Impact. Landslides are movements of large masses of rock and/or soil. Landslide potential is generally the greatest for areas with steep and/or high slopes, low sheer strength, and increased water pressure. Seismically induced landslides and other slope failures are common occurrences during or soon after earthquakes.

The EJ Element is a policy -level document that would not result in future physical development or other physical improvements, but instead sets a series of policies intended to address health effects on disadvantaged communities in the City. All future projects would be required to undergo separate environmental reviews pursuant to CEQA to evaluate project -specific impacts and implement any required mitigation measures. The City is located within a highly urbanized environment that is relatively flat in topography. As indicated in Figure 3.3-10, Landslide Zones, there are no identified landslide zones within the City as mapped for Earthquake Zones of Required Investigation by the California Geologic Survey.30 As such, implementation of the EJ Element would not exacerbate environmental conditions that would result in landslides, and no impacts would occur.
30 California. Department of Conservation, Califomia Geologic Survey, "Earthquake Zones of Required Investigation." Available online at: htt 3s://ma 3s.conservation.ca.gov/cgs/EQZAp 3/a 3/, South Gate Quad, or httjs://filerecuest.conservation.ca.gov/?c=SOUTH GATE EZRIM.pdf, accessed August 31, 2023 Impact Sciences, Inc.
1468.001
Exhibit 4
59 245
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
b. Would the project result in substantial soil
erosion or the loss of topsoil?
x
Less than Significant Impact. Future projects associated with the EJ Element could occur on vacant, undeveloped sites where soil erosion is more likely to occur during construction activities. As such, future projects proposing physical development or earth movement following implementation of the EJ Element would be subject to CEQA review and identify project -specific impacts and implement required mitigation measures. Additionally, future construction activities would be required to comply with the requirements outlined in the National Pollutant Elimination Discharge System (NPDES) Program. In compliance with the NPDES program, projects involving one or more acres of site disturbance would be required to prepare and implement a Stormwater Pollution Prevention Plan (SWPPP) and associated Best Management Practices (BMPs) in compliance with the Construction General Permit during grading and construction. Construction general permits are issued by the City of Be11 Gardens Building and Safety Division. Typical BMPs include erosion prevention mats or geofabrics, silt fencing, sandbags, plastic sheeting, temporary drainage devices, and positive surface drainage to allow surface runoff to flow away from site improvements or areas susceptible to erosion.

Adherence to the BMPs in the SWPPP would reduce, prevent, or minimize soil erosion from grading and construction activities. The Building and Safety Division is responsible for the enforcement of city and state codes including SWPP and BMP requirements. As stated above, the Project is a policy -level document and therefore, impacts related to erosion and loss of topsoil would be less than significant impact.

Mitigation Measures: No mitigation measures are required.

Impact Sciences, Inc.
1468.001
Exhibit 4
60 246
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
c. Would the project be located on a
geologic unit or soil that is unstable, or
that would become unstable as a result of
the project, and potentially result in on -
or off -site landslide, lateral spreading,
subsidence, liquefaction or collapse?
x
Less than Significant Impact. Impacts related to landslides and liquefaction are addressed under impact discussions Sections 7(a)(iii) and 7(a)(iv), above.

However, the Project is a policy -level document that would not result in future development or other physical improvements, but instead sets a series of policies intended to address health effects on disadvantaged communities in the City. All future projects would be required to undergo separate environmental reviews pursuant to CEQA to evaluate project -specific impacts and implement any required mitigation measures. Lateral spreading occurs as a result of liquefaction; accordingly, liquefaction -prone areas would also be susceptible to lateral spreading. Subsidence occurs at great depths below the surface when subsurface pressure is reduced by the withdrawal of fluids (e.g., groundwater, natural gas, or oil) resulting in sinking of the ground. As discussed, several areas within City boundaries are areas with liquefaction potential. As such, soils in these areas are susceptible to instability due to lateral spreading.

Future projects associated with the EJ Element would be required to undergo separate environmental reviews to evaluate project specific impacts related to lateral spreading, subsidence, liquefaction, or collapse. Additionally, future projects would be required to comply with all applicable regulations of the City Building Code. Based on the foregoing, the impacts would be less than significant.

Mitigation Measures: No mitigation measures are required. d. Would the project be located on
expansive soil, as defined in Table 18-1-
B of the Uniform Building Code (1994),
creating substantial direct or indirect
risks to life or property?
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
x
Impact Sciences, Inc.
1468.001
Exhibit 4
61 247
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis Less than Significant. Expansive soils are characterized by their ability to undergo significant volume changes (shrink or swell) due to variations in moisture content. Changes in soil moisture content can result from precipitation, landscape irrigation, utility leakage, roof drainage, perched groundwater, drought, or other factors and may result in unacceptable settlement or heave of structures or concrete slabs supported on grade. Depending on the extent and location below finish subgrade, expansive soils can have a detrimental effect on structures.

EJ Element policy -level document and Project implementation would not result in future physical development or redevelopment, nor would it result in the approval of any physical improvements.

Future projects associated with the EJ Element would be required to undergo separate environmental reviews pursuant to CEQA to evaluate project specific impacts to any existing expansive soils in the City and implement required mitigation measures. Additionally, future projects would be required to comply with all applicable regulations of the City Building Code. Based on the foregoing, Project impacts are less than significant.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
e. Would the project have soils incapable of
adequately supporting the use of septic
tanks or alternative wastewater disposal
systems where sewers are not available
for the disposal of wastewater?
x
No Impact. The City is served by existing sewer infrastructure. The EJ Element is a policy -level document that would not result in future physical development or other physical improvements, but instead sets a series of policies intended to address health effects on disadvantaged communities in the City and would not directly result in new physical development involving the installation or use of septic tanks. Therefore, the EJ Element would result in no impacts to soils supporting septic tanks or alternative wastewater systems.

Mitigation Measures: No mitigation measures are required.

Impact Sciences, Inc.
1468.001
Exhibit 4
62 248
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
f. Would the project directly or indirectly
destroy a unique paleontological resource
or site or unique geologic feature?
X
Less than Significant Impact. Paleontological resources include fossil remains or traces of past life forms, including both vertebrate and invertebrate species, as well as plants. Paleontological resources are generally found within sedimentary rock formations. The EJ Element is a policy -level document that would not result in future physical development or other physical improvements but is intended to address health effects on disadvantaged communities. Future projects following the implementation of the EJ Element may include ground disturbing activities that may uncover paleontological resources or unique geological features. However, these projects would be required to undergo separate environmental reviews to evaluate project specific impacts and identify any required mitigation measures. Therefore, the EJ Element would not interfere with policies or regulations protecting paleontological or geologic features. Thus, the impacts would be less than significant.

Mitigation Measures: No mitigation measures are required.

Impact Sciences, Inc.
1468.001
Exhibit 4
63 249
Bell Gardens Environmental Justice Element IS/ND
April 2024

s
Del Aire
Hawthorne
V
lori'ci
.arh
SOURCE:California Geololgical Survey, 2024; Esri, 2024
wnpc
rew
k Windsor
ills
V 3t t9 St
5 Los Angeles
( yle: 1.1 rl rl Avi.Y
East Los
Angeles
�`�Huntington
Bark
Florence -Graham
Cud
South Gate
Willowbrook
Lynwood
East Rancho
Dominguez
Downey
10 Miles
Montebello
Bellflower
Lakewood
Rosemead
El Monte
(:r t u, t, ),,, Ark.

South El
Monte
West Whittier
a Fe
Spran
Norwalk
AIr)tYrjt-,1 hrk,d
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Whittier
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Heights
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wes'
West Puente
Valley
'
La Puente
La Habr
C3 Plan Area
U Fault Hated Zones
Faults
historic Inferred
-- historic Moderately Constrained
historic Well Constrained
Quaternary Inferred
..�-.•.-^- late Quaternary Moderately Constrained
late Quaternary Well Constrained
----- latest Quaternary Inferred
^^^^ latest Quaternary Moderately Constrained
latest Quaternary Well Constrained
------ undifferentiated Quaternary Interred
IMPACT

SCIENCES
Figure 3.3-8 Fault Hazard Areas
1468.001.04/2024
J

SOURCE:California Geololgical Survey, 2024; Esri, 2024
IMPACT

SCIENCES
Figure 3.3-9 Liquefaction Zones
1468.001.04/2024

o)
VernonE Ave
Huntington
Park
r:E,:>r ence Ave
Florence -Graham
South Gate
60 LdSL LUS
Wi'Vitti:or Bivef
Maywood
Bell
Lynwood
0 0.5 1 j ilAwbrook
l i I i I
Cud
Angeles
Commerce
i„tacti
Montebello
Downey
Pico Rivera
19l
Santa Fe
Springs r
"tco Ave!
whittler
Narrows
Natural Area
West Whittier
No!
Whittit
Sout
Q Plan Area
Landslide Zones
SOURCE:California Department of Conservation, 2024; Esri, 2024 IMPACT

SCIENCES
Figure 3.3-10 Landslide Zones
1468.001.04/2024

III. Environmental Initial Study Checklist and Impact Analysis

8. Greenhouse Gas Emissions
Environmental Setting
Global temperatures are moderated by naturally occurring atmospheric gases known as greenhouse gases (GHGs). GHGs, as defined under California's Assembly Bi11 (AB) 32, include carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). GHG emissions are primarily associated with the burning of fossil fuels, electricity generation, natural gas consumption, industrial activity, manufacturing, and other activities.

Regulatory Framework
Regulations exist at federal, state, regional, and local levels with regard to GHGs and include:
• Executive Order S-3-05
• Executive Order S-01-07 (Low Carbon Fuel Standard)
• Assembly Bi11 32 (California Global Warming Solutions Act of 2006) and Senate Bi11 32 • Executive Order B-30-15
• Executive Order B-55-18
• Assembly Bill 1279
• Sustainable Communities and Climate Protection Act (Senate Bi11 375) • Renewable Portfolio Standards (SB 1078, SB 107, SB X 1-2, and SB 100) • Assembly Bill 1493
• Senate Bill 743 (SB 743)
• Senate Bi11 350 (SB 350)
• Climate Change Scoping Plan
• SCAQMD Draft Guidance Regarding Interim CEQA GHG Significance Thresholds • SCAG, 2020 RTP/SCS
Discussion
List of Applicable EJ Goals and Policies:

Goal 1:

Goal 2:

Policy 1:

Minimize the community's exposure and impacts from environmental pollution.

Improve citywide health by focusing on prevention and intervention.

Minimize resident's exposure to air pollution near high -volume roadways (ex, freeways) through site planning, building design, and other measures, focusing on the needs of vulnerable populations (i.e., families with children, people with disabilities, seniors).

Policy 2: Minimize siting sensitive receptors (i.e., residential, and institutional uses) near pollution sources, such as freight -handling and manufacturing facilities.

Impact Sciences, Inc.
1468.001
Exhibit 4
67 253
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis Policy 3: Promote the use of indoor air filtration systems on individual properties through education and exploration of grants or other funding incentives.

Policy 4: Preserve and enhance natural landscapes and tree canopies within public open spaces to reduce air pollution impacts and heat exposure.

Policy 8: Coordinate with the applicable public and non-profit agencies (i.e., Los Angeles County Department of Public Health) to create/expand educational programs and campaigns regarding health risks related to poor air quality, water and soil contamination, and other contaminants such as lead paint, asbestos, mercury, etc.

Policy 9:

Discourage the siting of commercial uses and industrial facilities that might significantly impact the overall air quality, especially near impacted communities that are vulnerable to the effects of asthma. This includes communities in neighboring jurisdictions. a. Would the project generate greenhouse
gas emissions, either directly or
indirectly, that may have a significant
impact on the environment?
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
x
Less than Significant Impact. The EJ Element would not result in any physical developments or improvements, rather it is intended to reflect the City's efforts in addressing public health risks and environmental concerns for vulnerable populations in disadvantaged communities which have long suffered public health effects from geographical inequalities. The EJ Element is a policy -level document that does not include any site -specific development, designs, or proposals, nor does it grant any entitlement for development. The Project would not change the General Plan Land Use Element, base zoning designations, or any physical development standards. Implementation of the Project would not generate greenhouse gas emissions, either directly or indirectly, that would have a significant impact on the environment. Therefore, impacts related to the generation of GHG emissions would be less than significant.

Mitigation Measures: No mitigation measures are required.

Impact Sciences, Inc.
1468.001
Exhibit 4
68 254
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
b. Would the project conflict with any
applicable plan, policy or regulation of an
agency adopted for the purpose of
reducing the emissions of greenhouse
gases?
X
Less than Significant. As discussed earlier, the EJ Element is intended to reflect the City's efforts in addressing public health risks and environmental concerns for vulnerable populations in disadvantaged communities which have long suffered public health effects from geographical inequalities, however, the EJ Element is a policy -level document that does not include any site -specific development, designs, proposals, nor does it grant any entitlement for development. The Project would not change the General Plan Land Use Element, base zoning designations, or any physical development standards. The Project would not result in the approval of any physical development. As such, the Project does not conflict with any applicable plan, policy, or regulation that has been adopted for the purpose of reducing the emissions of greenhouse gases; therefore, impacts would be less than significant.

Mitigation Measures: No mitigation measures are required.

Impact Sciences, Inc.
1468.001
Exhibit 4
69 255
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis

9. Hazards and Hazardous Materials
Environmental Setting
Hazardous materials encompass a wide range of substances, some of which are naturally occurring and some of which are man-made. Examples of hazardous materials include pesticides, herbicides, petroleum. products, metals (e.g., lead, mercury, arsenic), asbestos, and chemical compounds used in manufacturing.

Hazardous materials are used for a variety of purposes, including service industries, various small businesses, medical uses, schools, and households. Many chemicals used in household cleaning, construction, dry cleaning, film processing, landscaping, and automotive maintenance and repair are considered hazardous. Small -quantity hazardous waste generators include facilities such as automotive repair, dry cleaners, and medical offices. Hazardous materials could pose a substantial present or future hazard to human health or the environment when improperly handled, disposed, or otherwise managed.

According to Department of Forestry and Fire Protection (CAL FIRE), the City is not located in a Very High Fire Hazard Severity Zone.31
Regulatory Framework
Regulations exist at federal, state, and local levels with regard to hazards and hazardous materials include:
• Comprehensive Environmental Response, Compensation, and Liability Act • Resources Conservation and Recovery Act
• Hazardous Materials Transportation Act
• Federal Aviation Regulations Part 77
• California Code of Regulations, Part V
• Hazardous Materials Release Response Plans and Inventory Act • Emergency Response to Hazardous Materials Incidents
• California Government Code Section 65962.5
• Department of Toxic Substances Control Emergency Response to Hazardous Materials Incidents • Los Angeles County Multi -Jurisdictional Hazard Mitigation Plan • Los Angeles County Operational Area Emergency Response Plan • City of Bell Gardens General Plan
Discussion
List of Applicable EJ Goals and Policies:

Goal 1: Minimize the community's exposure and impacts from environmental pollution. 31 See Cal. Code Regs., tit. 24, § 702A for a definition of "fire hazard severity zones." Impact Sciences, Inc.
1468.001
Exhibit 4
70 256
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis Policy 26: Increase safety and emergency preparedness through an established short-list of designated emergency shelters in the City. Information would be available to all residents in. English and in Spanish.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
a. Would the project create a significant
hazard to the public or the environment
through the routine transport, use or
disposal of hazardous materials?
x
Less than Significant. Exposure of the public or the environment to hazardous materials typically occurs the improper mishandling or use of hazardous materials or hazardous wastes. Particularly, this could occur by untrained personnel, a transportation accident, environmentally inappropriate methods of disposal, fire, explosion, or other emergencies. The severity of potential effects varies with the activity conducted, the concentration and type of hazardous material or wastes present, and the proximity of sensitive receptors.

The EJ Element would not directly result in the approval of any physical improvements or future development that may result in exposure of the public to hazardous materials. Rather, implementation of the EJ Element would assist in improving safety of residents and overall City emergency response.

Future projects following the implementation of the EJ Element would be subject to the City's policies and regulations related to the remediation of hazardous materials, as well as an appropriate environmental review pursuant to CEQA. Under CEQA, project -specific impacts would be identified and required mitigation measures would be applied to the Project. Future projects would additionally be required to comply with multiple State and regional regulatory programs and requirements involving the handling, transport, and disposal of any hazardous materials that may be used.

Additionally, future discretionary projects may require consultation with the Department of Toxic Substances Control, California Highway Patrol, Los Angeles County Fire Department, and Los Angeles County Department of Public Health to ensure compliance with the applicable state and regional regulatory programs. Because the Project is a policy -level document that includes goals and policies to minimize risks with regard to the handling, use, storage, release, or emissions of hazardous materials and hazardous wastes, impacts would be less than significant.

Mitigation Measures: No mitigation measures are required.

Impact Sciences, Inc.
1468.001
Exhibit 4
71 Bell Gardens Environmental Justice Element IS/ND
April 2024
257

III. Environmental Initial Study Checklist and Impact Analysis Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
b. Would the project create a significant
hazard to the public or the environment
through reasonably foreseeable upset and
accident conditions involving the release
of hazardous materials into the
environment?
x
Less than Significant Impact. The EJ Element would not directly result in the approval of any physical improvements or future development that may result in an accidental release of hazardous materials because it is merely a policy -level document. The EJ Element has a goal to minimize the community's exposure and impacts from environmental pollution (Policy 1). Future projects following the implementation of the EJ Element would be subject to the City's policies and regulations related to the remediation of hazardous materials, as well as an appropriate environmental review pursuant to CEQA, which would identify project specific impacts and implement necessary mitigation measures to reduce the level of significance of such impacts. Additionally, future infrastructure would be required to comply with the appropriate State and Federal laws in the event that any materials released are appropriately contained and remediated. As such, impacts related to upset and accident conditions would be less than significant.

Mitigation Measures: No mitigation measures are required. c. Would the project emit hazardous
emissions or handle hazardous or acutely
hazardous materials, substances, or waste
within one -quarter mile of an existing or
proposed school?
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
x
Less than Significant Impact. As discussed, the EJ Element is a policy level document that would not directly result in the approval of any physical improvements or future development that may result in hazardous emissions within a 0.25 -mile distance of an existing or proposed school. It should be noted. the Project would implement policies that would protect sensitive receptors (ex. schools) from emissions of hazardous pollutants. Future development project would be subject to the City's policies and regulations related to the remediation of hazardous materials, as well as an appropriate Impact Sciences, Inc.
1468.001
Exhibit 4
72 Bell Gardens Environmental Justice Element IS/ND
April 2024
258

III. Environmental Initial Study Checklist and Impact Analysis environmental review pursuant to CEQA, which would identify project specific impacts and implement necessary mitigation measures to reduce the level of significance of such impacts. Therefore, less than significant impacts would occur.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
d. Would the project be located on a site
which is included on a list of hazardous
materials sites compiled pursuant to
Government Code Section 65962.5 and, as
a result, would it create a significant
hazard to the public or the environment?
x
Less than Significant Impact. The EJ Element would not directly result in the approval of any physical improvements or future development. All future discretionary projects following the implementation of the EJ Element would be subject to the appropriate state, federal, and local laws, policies, and regulations. The EJ Element is a policy -level document that would not result in future physical development or other physical improvements, but instead sets a series of policies intended to address health effects on disadvantaged communities in the City, Future discretionary projects, including any projects are located on a site included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5, would be analyzed to determine whether the proposed project would create a significant hazard to the public or the environment and be subject to the application of any required mitigation measures. impacts would be less than significant.

Mitigation Measures: No mitigation measures are required. e. For a project located within an airport
land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport,
would the project result in a safety
hazard or excessive noise for people
residing or working in the project area?
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
x
Impact Sciences, Inc.
1468.001
Exhibit 4
73 259
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis No Impact. There are no public or private airports located within the City of Bell Gardens. The closest airport to the City is the Compton/Woodley Airport, located approximately 6 miles southwest of the City in the City of Compton. Therefore, the EJ Element would not result in any impacts related to airport safety hazards and excessive noise.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
f. Would the project impair implementation
of or physically interfere with an adopted
emergency response plan or emergency
evacuation plan?
X
Less than Significant Impact. According to the Safety Element of the City's General Plan, the City has a Multi -Hazard Functional Plan (MHFP) that outlines the responsibilities and procedures to follow in the event of an emergency or City-wide disaster.32 In addition, the City of Bell Gardens is located within the Los Angeles County Operational Area and maintains mutual aid agreements for emergency situations. The County's Emergency Response Plan, adopted in 2023, establishes a coordinated emergency management system, which includes prevention, protection, response, recovery, and mitigation within the Operational Area.33 The EJ Element would support these emergency response plans through Policy 26 which would establish a short list of designated emergency shelters in the City, to be provided both in English and Spanish.

The Project includes the development and implementation of the EJ Element as part of the City's General Plan. The Project includes goals and policies that would enhance public safety and promote healthy and equitable outcomes. Implementation of the EJ Element would not directly result in the approval of any physical improvements or future development that may impede the procedures outlined in the MHFP or County Emergency Response Plan. Construction and operational activities associated with future projects following the implementation of the Project would be subject to the City's policies and regulations related to the emergency response as well as appropriate environmental 32 33
City of Bell. Gardens, General Plan Safety Element, pp. 6-5 (July 27, 1995). Available online at:
htt Js:// www.bellgardens.org/home/show Jublisheddocument/5723/637976183394330000, accessed January 2, 2024.

County of Los Angeles, Los Angeles County Operational Area Emergency Response Plan, p. 2 (2023). Available online at: https://ceo.lacounty.gov/w-D-content/uploads/2023/11/County-of-Los-Angeles-OAEOP-2023-Final-for- Website.jdf, accessed April 4, 2023.

Impact Sciences, Inc.
1468.001
Exhibit 4
74 260
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis review pursuant to CEQA and identify any project -specific impacts and required mitigation measures, as needed. As such, impacts to adopted emergency response plans or evacuation plans would be less than significant.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
g•
Would the project expose people or
structures, either directly or indirectly, to
a significant risk of loss, injury or death
involving wildland fires?
X
No Impact. CAL FIRE identifies, and maps areas of significant fire hazard based on fuels, terrain, and other relevant factors. Wildfire risks in State Responsibility Areas (SRA) are called Fire Hazard Severity Zones and are grouped into unzoned, moderate, high, and very high zones.34 According to CAL FIRE, and shown in Figure 3.3-11, Fire Severity Zones, the City is not located in a Very High Fire Hazard Severity Zone.35 In addition, the EJ Element does not include any site -specific development projects.

Therefore, implementation of the EJ Element would not directly or indirectly be subject to any wildfire risks as it is merely a policy -level document. No impact would occur.

Mitigation Measures: No mitigation measures are required. 34 35
See Cal. Code Regs., tit. 24, § 702A for a definition of "fire hazard severity zones." CAL FIRE, Los Angeles County -State Responsibility Area Fire Hazard Severity Zones, September 29, 2023. Available online at: https://osfm.fire.ca.gov/media/svjjf2kl/fhsz county sra 11x17 2022 losangeles 3.pdf, accessed November 1, 2023.

Impact Sciences, Inc.
1468.001
Exhibit 4
75 261
Bell Gardens Environmental Justice Element IS/ND
April 2024

• Castaic
•Agoura Hills
.

Calabasas
Malibu
�,ylt
5 10 15
Miles
10 20 30
Kilometers
Projection: NAD 83 California Tea le Albers
Scale:1:600,000 at 11" e 17"
QuartzHili
Green Valley..,,
7 Agua`Duice
San Fernando
etBurbank
Glendale
Bo
Ru,aroc,Id
tak, hogers Lake
Sun Village
El Monte
•
Easg elLos Coy'
West
An es ,m� '
•ANorwalk
'Lake Los
Angeles
Plan Area
Fire Hazard Severity Zones in Fire Protection Responsibility State Responsibility Area (SRA) Areas (non-SRA)
Very High 456,333 Acres
High 21,344 Acres
Moderate 18,069 Acres
AN.
fB ER N'A R D i N O
,.000 Y y
Federal Responsibility Area
(FRA)
Local Responsibility Area
(LRA)
Waterbody

LOS ANGELES
sll,!,,COUNTY
Santa Catalina
Island
San Clemente
Island
SOURCE: Cal Fire, 2024
IMPACT

SCIENCES
Figure 3.3-11 Fire Severity Zones
Exhi
262

III. Environmental Initial Study Checklist and Impact Analysis

10. Hydrology and Water Quality
Environmental Setting
The City is located within the Central. Groundwater Basin (CGB). Water enters the CGB from countless natural and man-made locations, including natural recharge and recharge through surface spreading at the Whittier Narrows Dam, Montebello Forebay Spreading Grounds (MFSG), which consists of the Rio Hondo Spreading Grounds and San Gabriel Coastal Spreading Grounds, infiltration in the unlined portions of the Lower San Gabriel River, and via direct injection at the Alamitos Barrier Project (ABP).

Regulatory Framework
Regulations exist at federal, state, regional, and local levels with regard to hydrology and water quality and include:
• Clean Water Act
• National Pollutant Discharge Elimination System
• National Flood Insurance Program
• Statewide Construction General Permit
• City of Bell Gardens General Plan
List of Applicable EJ Goals and Policies:

Goal 1: Minimize the community's exposure and impacts from environmental pollution.

Policy 5:

Policy 6:

Policy 7:

Policy 8:

Protect potable water and groundwater resources from future contamination by implementing pollutant concentration standards and conducting routine testing to the City's potable water system.

Protect the existing groundwater quality by conducting annual testing and reporting of the Central Basin to confirm conformance with local, state, and federal standards.

Ensure sufficient water availability and supply to meet current and future demand.

Coordinate with the applicable public and non-profit agencies (i.e., Los Angeles County Department of Public Health) to create/expand educational programs and campaigns regarding health risks related to poor air quality, water and soil contamination, and other contaminants such as lead paint, asbestos, mercury, etc.

Impact Sciences, Inc.
1468.001
Exhibit 4
77 263
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis Discussion
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
a. Would the project violate any water
quality standards or waste discharge
requirements or otherwise substantially
degrade surface or ground water quality?
X
Less than Significant Impact. The City of Bell Gardens is subject to Santa Ana Regional Water Quality Control Board (SARWQCB) water quality regulations. The SARWQCB is authorized to implement a municipal stormwater permitting program as part of the National Pollutant Discharge Elimination System (NPDES) authority granted under the federal Clean Water Act (CWA). Under the NPDES program, development projects that disturb more than one acre of land must apply for a General Construction Permit (CGP) prior to the initiation of construction activities. The CGP would require prospective applicants to prepare and implement a Stormwater Pollution Prevention Plan (SWPPP) that would minimize the incidence of construction -related pollutants entering the storm water system.

Among the items required in a SWPPP are pollution prevention Best Management Practices (BMP) that must be implemented in development projects.

The EJ Element is a policy -level document that would not result in future physical development or other physical improvements, but instead sets a series of policies intended to address health effects on disadvantaged communities in the City. Future projects with the adoption of the Project would be required to comply with all applicable SARWQCB requirements and would be subject to environmental review pursuant to CEQA, meaning that project -specific impacts would be identified, and appropriate mitigation measures would be applied. As a result, impacts associated with violation of any water quality standards or waste discharge requirements would be less than significant.

Mitigation Measures: No mitigation measures are required.

Impact Sciences, Inc.
1468.001
Exhibit 4
78 264
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
b. Would the project substantially decrease
groundwater supplies or interfere
substantially with groundwater recharge
such that the project may impede
sustainable groundwater management of
the basin?
x
Less than Significant Impact. The City is located within the CGB. Water enters the Basin from. countless natural and man-made locations, including natural recharge and recharge through surface spreading at the Whittier Narrows Dam, Montebello Forebay Spreading Grounds (MFSG), which consists of the Rio Hondo Spreading Grounds and San Gabriel Coastal Spreading Grounds, infiltration in the unlined portions of the Lower San Gabriel River, and via direct injection of imported water at the ABP, which is a seawater intrusion barrier located in the southeastern portion of the CGB. The ABP protects groundwater supplies for the Central and Orange County basins and its facilities include injection wells to form a freshwater pressure ridge.

Although the majority of the land in Bell Gardens has been developed with impervious surfaces, subsequent construction activities following the adoption of the EJ Element could include landscaping (i.e., turf, trees, and plantings) that could provide additional pervious surfaces, which would be beneficial for groundwater recharge. Further, the EJ Element, a policy -level document, provides policies that support the protection of groundwater (Policies 6 & 8). As such, impacts to groundwater supplies and recharge would be less than significant.

Mitigation Measures: No mitigation measures are required.

Impact Sciences, Inc.
1468.001
Exhibit 4
79 265
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
c. Would the project substantially alter the
existing drainage pattern of the site or
area, including through the alteration of
the course of a stream or river or through
the addition of impervious surfaces, in a
manner, which would:
i. Result in substantial erosion or
siltation on -or off -site?
x
Less than Significant Impact. The EJ Element is a policy -level document that would not result in future physical development or other physical improvements, but instead sets a series of policies intended to address health effects on disadvantaged communities in the City. Projects following the adoption of the EJ element would likely take place on existing developed sites, therefore the amount of pervious surfaces would not change. Additionally, all projects would be required to comply with SAWQCB requirements. If development projects disturb one or more acres of land, the project would be subject to the stormwater discharge requirements of a General Construction Permit. Project applicants must also prepare a SWPPP that outlines the BMPs for the future project.

Furthermore, future projects would be required to comply with the landscape watering requirements outlined in Chapter 11.03 (Water Conservation Plan) of the BGMC. Specific projects proposed following the adoption of the EJ Element would be required to undergo a separate environmental review pursuant to CEQA to evaluate project specific impacts and implement any required mitigation measures. Adherence to federal and local regulations pertaining to soil erosion management would reduce future project impacts to less than significant levels.

Mitigation Measures: No mitigation measures are required. ii. Result in flooding on -or off -site?
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
x
Less than Significant Impact. The Federal Emergency Management Agency (FEMA) As shown in.

Figure 3.3-12, Flood Hazard Areas, Flood Insurance Rate Maps (FIRM) for the City of Bell Gardens is 06037C1810, which shows that the City is located in within areas of 0.2 -percent annual chance of Impact Sciences, Inc.
1468.001
Exhibit 4
80 266
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis flood hazard.36 Additionally, a portion of the southwestern corner is located within an "Area with Reduced Risk Due to Levee." Therefore, the City is located within a minimal or moderate flood. hazard area. Therefore, the City would only be subject to moderate or minimal risk from flooding.

The Project is a policy -level document that would not result in future physical development or other physical improvements that would result in flooding on or off site. Future projects following the adoption of the EJ Element would be required to comply with SAWQCB requirements. Further, future projects must adhere to the design requirements outlined in the City Building Code and Chapter 6.25 (Floodplain Management) of the BGMC. All future projects would be required to undergo separate environmental reviews pursuant to CEQA to evaluate project -specific impacts and implement any required mitigation measures. Therefore, impacts related to flooding would be less than significant.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
iii. Create or contribute runoff water,
which would exceed the capacity of
existing or planned stormwater
drainage systems or provide
substantial additional sources of
polluted runoff?
x
No Impact. The EJ Element is a policy -level document that would not result in future physical development or other physical improvements, but instead sets a series of policies intended to address health effects on disadvantaged communities in the City. Future projects associated with the implementation of the EJ Element could potentially result in an increase in impervious surface area overall in the City. However, the City is urbanized and built out and drainage is accommodated by existing storm drain improvements and drainage channels. All future projects would be required to undergo separate environmental reviews pursuant to CEQA to evaluate project -specific impacts and implement any required mitigation measures. Furthermore, 36 Federal. Emergency Management Agency (FEMA), "FEMA's National Flood Hazard Layer (NFHL) Viewer," Available online at: https://hazards-
fema.ma Ds.arcgis.com/a Dps/weba Dpviewer/index.html?id=8b0adb51996444d4879338b5529aa9cd Impact Sciences, Inc.
1468.001
Exhibit 4
81 267
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis adherence to State and local regulations would be adhered to for all future development projects.

Therefore, impacts to the City's stormwater drainage system would be less than significant.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
iv. Impede or redirect flood flows?
x
Less than Significant Impact. As stated, although the City is located within an area of flood hazard risk (Zone X). However, future projects would be required to adhere to State and local regulatory requirements to minimize impacts associated with flooding. Adherence to these requirements would reduce impacts related to flood flows to less than significant levels.

Mitigation Measures: No mitigation measures are required. d. In flood hazard, tsunami, or seiche zones,
would the project risk release of
pollutants due to project inundation?
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
x
Less than Significant Impact. The City is located approximately 14.9 miles inland from the Pacific Ocean or near any bodies of water that could create tsunami or seiche. The City is bounded by the Rio Hondo River, a concrete lined channel, to the east. The Rio Hondo River is bounded by levees and does not hold water for extended periods.

The Federal Emergency Management Agency (FEMA) has identified the City as located within Zone X, as it relates to potential flooding hazards, as indicated in Figure 3.3-12.37 Zone X is an area of moderate or minimal hazard from the principal source of flood in the area. However, according to the City's General Plan, the City is located within an inundation area for the Hansen and Sepulveda Dams and within a Los Angeles River Flood Hazard area presented in US Army Corps of engineer dam. 37 Federal. Emergency Management Agency, Flood Map Services Center. Available online at:
htt Ds://msc.fema.gov/portal/search?AddressQuery=bell%20gardens%2C%20ca, accessed on April 8, 2024.

Impact Sciences, Inc.
1468.001
Exhibit 4
82 268
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis inundation maps38, 39. Therefore, the City would only be subject to moderate or minimal risk from flooding. However, the EJ Element is a policy -level document and would not result in any physical. development or improvements. Any future projects following the implementation of the Project would not result in physical development or improvements and also would not result in a risk of release of pollutants and would be subject to environmental review pursuant to CEQA, which would identify any project -specific impacts and implement any required mitigation measures. Therefore, impacts related to flood, tsunami, or seiche would be less than significant.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
e. Would the project conflict with or obstruct
implementation of a water quality control
plan or sustainable groundwater
management plan?
x
Less than Significant Impact. Implementation of future projects associated with the implementation of the EJ Element would increase the overall impervious surfaces in the City and can increase the amount of stormwater runoff that would be treated prior to discharge. However, Project compliance with mandatory SWPPP BMPs and with City building standard requirements. Additionally, as stated above, implementation of the EJ Element would not substantially increase the impervious surfaces to the point of interfering substantially with groundwater recharge. Therefore, impacts to a water quality control plan or sustainable groundwater management plan would be less than significant.

Mitigation Measures: No mitigation measures are required. 38 39
National. Inventory of Dams, "Sepulveda Dam." Available online at:
htt Js://nid.sec.usace.army.mil/viewer/index.html?dsLibrary=NID-CA10025&x=-118.447&y=34.087&z=10, accessed on April 8, 2024.

National. Inventory of Dams, "Hansen. Dam." Available online at:
htt?s://nid.sec.usace.army.mil/viewer/index.html?dsLibrary=NID-CA10019&x=-118.387&y=34.261 &z=11, accessed on April 8, 2024.

Impact Sciences, Inc.
1468.001
Exhibit 4
83 269
Bell Gardens Environmental Justice Element IS/ND
April 2024

SOURCE:FEMA, 2024, Esn, 2024
IMPACT

SCIENCES
Figure 3.3-12 FEMA Flood Hazard Area Map
1468 001.04/2024

III. Environmental Initial Study Checklist and Impact Analysis

11. Land Use and Planning
Environmental Setting
The City of Bell Gardens has a total land area of 1,536 acres, or 2.4 square miles. The City is located in the southern portion of Los Angeles County, approximately 13 miles southeast of the Los Angeles Civic Center.

The City is bound by the cities of Commerce to the north, Downey to the east, South Gate to the south, and the I-710 to the west with the cities of Bell and Cudahy located further west. The City has over 732.5 acres designated as residential land use, encompassing 58% of the City's total area. Few residential areas have retained their identity as lower density residential areas, despite historic development practices. The majority of residential neighborhoods zoned high -density residential (R-3) are redeveloped as a mix of single-family, duplex, triplex, and multiple -family developments.

Regulatory Framework
Regulations exist at state and local levels with regard to land use and include:
• California Planning and Zoning Law, (Government Code § 65000 et seq.) • SCAG, 2020 RTP/SCS
• City of Bell Gardens General Plan — Land Use Element
• City of Bell Gardens Municipal Code, Title 9 (Zoning and Planning Regulations) Discussion
List of Applicable EJ Goals and Policies:

Policy 9:

Discourage the siting of commercial uses and industrial facilities that might significantly impact the overall air quality, especially near impacted communities that are vulnerable to the effects of asthma. This includes communities in neighboring jurisdictions.

Policy 15: Support land use policies and programs that allow development of residential densities in a variety of sizes to accommodate all families.
a. Would the project physically divide an
established community?
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
x
Impact Sciences, Inc.
1468.001
Exhibit 4
85 271
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis No Impact. Projects with the potential to divide a community include highways, railways, and large buildings or infrastructure projects that change the street grid. Implementation of the EJ Element would not directly result in the approval of any physical improvements or future development. The Project would not implement measures that would result in projects that physically divide established communities. The EJ Element is a policy -level document, the Project would implement measures that would expand pedestrian and bicycle infrastructure (Measures 5.6), which would encourage bicycle trips (Measure 5.4), reduce vehicle congestion (Measures 5.4 and 5.6), and improve community connectivity (Measures 2.1 and 2.2). Future projects following the adoption of the EJ Element would be subject to environmental review pursuant to CEQA, which would identify any project -specific impacts and require any necessary mitigation measures. As such, no impact would occur.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
b. Would the project cause a significant
environmental impact due to a conflict
with any land use plan, policy, or
regulation adopted for the purpose of
avoiding or mitigating an environmental
effect?
x
Less than Significant Impact. The EJ Element is a policy -level document which will become a part of the City's General Plan intended to support other elements of the General Plan and the BGMC. Because the IS/ND does not identify any significant impacts, there is no opportunity for any mitigation to conflict with any applicant policy, plan, or regulation. The Project would implement policies that call for land use policies and programs that allow the densities for residential families to vary in size (Policy 15). The policies are intended to allow more affordable housing to be developed. Accordingly, future residential development projects associated with the implementation of the Project may conflict with the City's allowed development densities per its designated land use. Future development projects that follow the adoption of the EJ Element would be subject to environmental review pursuant to CEQA, inclusive of consistency with applicable land use policies, plans, and regulations. Any project -specific impacts would be identified, and applicable mitigation measures would be required. Accordingly, the impacts would be less than significant.

Mitigation Measures: No mitigation measures are required.

Impact Sciences, Inc.
1468.001
Exhibit 4
86 272
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis

12. Mineral Resources
Environmental Setting
According to the California Department of Conservation (DOC), Division of Mine Reclamation, the City Bell Gardens has no active mines, as shown on Figure 3.3-13, Mines.40 Regulatory Framework
Regulations and responsible agencies exist at the state level with regard to mineral resources and include:
• Surface Mining and Reclamation. Act of 1975
• DOC, California Geologic Management Division (Ca1GEM) • DOC, Division of Mine Reclamation
• DOC, State Mining and Geology Board
Discussion
List of Applicable EJ Goals and Policies:

The EJ Element does not contain any goals or policies related to mineral resources. No specific development projects are included as part of the EJ Element.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
a. Would the project result in the loss of
availability of a known mineral resource
that would be of value to the region and
the residents of the state?
X
No Impact. According to the DOC, Division of Mine Reclamation, and further indicated on Figure 3.3- 13, the City has no active mines.41 Further, the City of Bell Gardens is located in a Mineral Resource Zone -1 (MRZ-1), as shown in Figure 3.3-14, Mineral Resources, which is an area where adequate information indicates that no significant mineral deposits are present, or where it is judged that little 40 41
California. Department of Conservation, "Mines Online." Available online at:
htt Js://maps.conservation.ca.gov/mol/index.html. Accessed on December 6, 2023.

California. Department of Conservation, "Mines Online." Available online at:
htt Js://maps.conservation.ca.gov/mol/index.html. Accessed on December 6, 2023.

Impact Sciences, Inc.
1468.001
Exhibit 4
87 273
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis likelihood exists for their presence.42 The EJ Element is a policy -level document that does not propose any development or physical improvements. The policies, goals and measures proposed within the EJ Element do not address nor impact mineral resources. The Project would therefore have no impact on the availability of a known mineral resource that would be of value to the region and residents of the state.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
b. Would the project result in the loss of
availability of a locally important mineral
resource recovery site delineated on a
local general plan, specific plan or other
land use plan?
x
No Impact. According to the DOC and shown in. Figure 3.3-13, there are no active mines identified within the City.43 Additionally, there are no areas in the City that are classified as mineral resource deposit areas. The Project is a policy -level document. Any subsequent project that proposes development or physical improvements would not include oil or mineral extraction activities, because none have been identified within the Project area. Therefore, no impact would occur.

Mitigation Measures: No mitigation measures are required. 42 43
California. Department of Conservation, "Mines Online." Available online at:
htt Js://maps.conservation.ca.gov/mol/index.html. Accessed on December 6, 2023.

California. Department of Conservation, "Mines Online." Available online at:
htt Js://maps.conservation.ca.gov/mol/index.html. Accessed on December 6, 2023.

Impact Sciences, Inc.
1468.001
Exhibit 4
88 274
Bell Gardens Environmental Justice Element IS/ND
April 2024

West
Hollywood
Hills
B verl+s Blvd
t''V °ty,+sper 811/d
ver City
Saidwrn
Hills View
Park -Windsor
Hills
Inglewood
Lennox
Del Aire
Hawthorne
Rasecrans
HMs
of r,., `ar;,.
0 Z5
1 �
Los Angeles
East Los
Angeles
whnu,or Ftrv,-1
Maywood
Si„sds sctr Ave
Huntington
Park Bell
Florence -Graham
5 Miles
East San
Gabriel
San Gabriel
Alhambra
Monterey Park
Commerce
Cud
South Gate
Willowbrook
Lynwood
East Rancho
Dominguez
Montebello
Downey
Bellflower'
Rosemead
El Monte
South El
Monte
West Whittier
Santa Fe
Springs
Norwalk
Cerritos
Whittier
A
a
Vincent
West Covina
West Puente
Valley
Avocado
Heights
South Whittier
Buena Park
Valinda
La Puente
I It 1-l'hr.

I1 Plan Area
Mines
t Active
A Exempt
L Idle
© Reclaimed
SOURCE:California Department of Conservation; Esri, 2024 IMPACT

SCIENCES
Figure 3.3-13 Mines
1468.001.04/2024

SOURCE:County of Los Angeles
IMPACT

SCIENCES
Figure 3.3-14 Mineral Resources
1468.001.04/2024

III. Environmental Initial Study Checklist and Impact Analysis

13. Noise
Environmental Setting
All noise level or sound level values presented herein are expressed in terms of decibels (dB), with A - weighting (dBA) to approximate the hearing sensitivity of humans. All references to dB in this analysis will be A -weighted unless noted otherwise. Time -averaged noise levels are expressed by the symbol Leg, with a specified duration. The Community Noise Equivalent Level (CNEL) is a 24 -hour average, where noise levels during the evening hours of 7:00 p.m. to 10:00 p.m. have an added 5 dB weighting, and noise levels during the nighttime hours of 10:00 p.m. to 7:00 a.m. have an added 10 dB weighting. This is similar to the Day Night sound level (Lan), which is a 24 -hour average with an added 10 dB weighting on the same nighttime hours but no added weighting on the evening hours. These metrics are used to express noise levels for both measurement and municipal regulations, as well as for land use guidelines and enforcement of noise ordinances.

Regulatory Framework
City of Bell Gardens General Plan Noise Element
The Noise Element of the General Plan is a comprehensive program for including noise management in the planning process, providing a tool for planners to use in achieving and maintaining land uses that are compatible with existing and future environmental noise levels. The Noise Element follows Government Code Section 65301(f) and Health and Safety Code Section 46050.1. It quantifies the community noise environment by establishing noise exposure contours for both near -and long-term levels of growth and noise -generating activity.

The policies from the General Plan Noise Element are listed below.

Policy 1:

The City of Bell Gardens shall discourage the incompatible use of property along major transportation lines and encourage noise reduction measures for existing uses.

Policy 2: The City of Bell Gardens shall ensure that the noise caused by sources other than traffic are at acceptable levels.

City of Bell Gardens Municipal Code
Construction within the City is regulated under the BGMC Chapter 16.24 (Noise Regulation). Section

16.24.120 (Construction of buildings and projects - Restriction) of the BGMC establishes construction noise Impact Sciences, Inc.
1468.001
Exhibit 4
91 277
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis standards stating "Between the hours of 7:00 p.m. of one day and 8:00 a.m. of the next day, it is unlawful for any person within a residential zone, or within a radius of 500 feet therefrom, to operate equipment, or perform any outside construction or repair work on buildings, structures, or projects, or operate any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other construction device in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance, unless beforehand a permit therefore has been duly obtained from the officer or body of the city having the function to issue permits of this kind. No permit shall be required to perform emergency work." Chapter 9.18 of the BGMC additionally sets forth development criteria stating, "No new building shall be located nearer than 100 feet to a declared historical structure." This provision safeguards existing historical assets from potential vibration disturbances caused by future developments.

List of Applicable EJ Goals and Policies:

Goal 2: Improve citywide health by focusing on prevention and intervention.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
a. Will the project result in generation of a
substantial temporary or permanent
increase in ambient noise levels in the
vicinity of the project in excess of
standards established in the local general
plan or noise ordinance, or applicable
standards of other agencies?
x
Less than Significant Impact. The EJ Element is a policy -level document that does not include any site - specific development, designs, proposals, nor does it grant any entitlement for development or approval for any activities that would otherwise generate noise. As a result, adoption of the EJ Element would not result in exposure of persons to noise in excess of established standards or ground borne noise or vibration, nor would it result in a temporary, periodic, or permanent increase in ambient noise levels above existing levels. Any subsequent projects to implement the measures in this EJ Element would be subject to environmental review pursuant to CEQA, which would identify any significant impacts and implement required mitigation measures. Impact would be less than significant.

Mitigation Measures: No mitigation measures are required.

Impact Sciences, Inc.
1468.001
Exhibit 4
92 278
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
b. Would the project generate excessive
groundborne vibration or groundborne
noise levels?
x
Less than Significant Impact. The EJ Element is a policy -level document that does not include any site - specific development, designs, proposals, nor does it grant any entitlement for development or the approval for any activities that would otherwise generate noise. As a result, adoption of the EJ Element would not result in exposure of persons to excessive groundborne vibration or noise levels, nor would it result in a temporary, periodic, or permanent increase in ambient noise levels above existing levels.

Chapter 9.18 of the Bell Garden Zoning and Planning Regulations also establishes development standards requiring new buildings be no nearer than 100 feet from a historical resource, which would limit existing historical resources from vibration impacts due to future development. Any subsequent projects to implement the measures in this EJ Element would be subject to environmental review pursuant to CEQA, which would identify any significant impacts and implement required mitigation measures. The implementation of measures listed in the EJ Element would not result in any groundborne vibration or groundborne noise levels but would otherwise be subject to environmental review pursuant to CEQA. Therefore, any project -specific impacts would be identified and required mitigation measures would be applied. Because the Project would not result in any vibration impacts, impacts would be less than significant.

Mitigation Measures: No mitigation measures are required. c. For a project located within the vicinity
of a private airstrip or an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public
airport or public use airport, would the
project expose people residing or
working in the project area to excessive
noise levels?
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
x
No Impact. The City is not within the vicinity of a public airport or private airstrip, or within an airport land use plan or within two miles of a public airport or public use airport. The closest airport to the Impact Sciences, Inc.
1468.001
Exhibit 4
93 279
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis City is the Compton/Woodley Airport, located approximately six miles southwest of the Project location in the City of Compton. Therefore, no impacts would occur.

Mitigation Measures: No mitigation measures are required.

Impact Sciences, Inc.
1468.001
Exhibit 4
94 280
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis

14. Population and Housing
Environmental Setting
The City of Bell Gardens has an estimated population of 37,297 people according to the US Census Bureau44 and 9,633 housing units according to SCAG Local Housing Data.45 Regulatory Framework
Regulations and plans exist at state, regional, and local levels related to populations and housing and. include:
• California Government Code Sections 65583 and 655849(a)(1) • Senate Bi11 375
• SCAG 2020 RTP/SCS
• Regional Housing Needs Assessment
• City of Bell Gardens General Plan — 2021-2029 Housing Element Discussion
List of Applicable EJ Goals and Policies:

Goal 2: Improve citywide health by focusing on prevention and intervention.

Goal 3: Ensure that the existing and future housing stock includes accessible, well -maintained, and affordable housing.

Policy 14: Encourage the rehabilitation and preservation of substandard homes owned/occupied by lower income households, including retrofitting for environmental sustainability.

Policy 15: Support land use policies and programs that allow development of residential densities in a variety of sizes to accommodate all families.
44 U.S. Census Bureau, "Bell Gardens City," Available online at:
htt Ds:// www.census.gov/c uickfacts/fact/table/bellgardenscitycalifornia/PST045222 , accessed on April 3, 2024. 45 SCAG, Local Housing Data, 2021. Available online at: https://scag.ca.gov/sites/main/files/file-attachments/bell- gardens-he-
0421.?df?1620801178#:-:text=Be11%20Ga rdens's%20housi ng%20stock%20consists, %2D2018%205%2Dyear%20esti mates, accessed April 4, 2024.

Impact Sciences, Inc.
1468.001
Exhibit 4
95 281
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis Policy 16: Encourage affordable and workforce housing through limited -equity housing cooperatives, community land trusts, nonprofit -run housing, and/or use of city -owned land.

Policy 17:

Policy 18:

Policy 19:

Encourage affordable housing by offering density bonuses, or fee waivers and relief from development standards, where appropriate.

Increase outreach and educational services regarding tenant rights.

Implement programs that support persons in transitional housing. a. Would the project induce substantial
unplanned population growth in an area,
either directly (for example, by proposing
new homes and businesses) or indirectly
(for example, through extension of roads
or other infrastructure)?
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
x
Less than Significant Impact. The EJ Element is a policy -level document and would not result in the construction of new residential development or any infrastructure that could result in unplanned. population growth. However, the Project contains policies that support result in future residential development projects, which would potentially facilitate growth in the City and increase its population. Future residential development projects would be required to comply with the applicable policies in the City's General Plan (including but not limited to the Land Use Element and Housing Element) and BGMC. Future discretionary residential development projects would also be subject to an appropriate environmental review pursuant to CEQA to determine if the Project would induce a substantial growth in population and if a significant impact is identified, the project would be required to implement mitigation measures. As such, impacts related to inducing unplanned growth would be less than significant.

Mitigation Measures: No mitigation measures are required.

Impact Sciences, Inc.
1468.001
Exhibit 4
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Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
b. Would the project displace substantial
numbers of existing people or housing,
necessitating the construction of
replacement housing elsewhere?
X
Less than Significant Impact. The EJ Element is a policy -level document and does not include new development of any infrastructure. Implementation of the EJ Element policies would preserve the existing housing stock and provide opportunities for additional affordable housing. Specifically, Policy 14 of the EJ Element encourages the preservation of existing housing stock and rehabilitation of substandard housing to ensure residents have safe, well maintained, and affordable housing. In addition, Policies 15, 16, and 17 of the EJ Element encourage the development of affordable housing through increased densities and use of city -owned land. The increase in affordable housing stock will prevent the displacement of low-income households. In addition, the EJ Element supports the goals and policies contained within the Housing Element of the City's General Plan. The 2021-2029 Housing Element aims to conserve and improve the condition of the existing affordable housing stock; assist in the development of housing for those with limited incomes or special needs; identify adequate residential sites; and address and remove governmental constraints to the maintenance, improvement, and development of housing.46 Therefore, the Project would not displace substantial numbers of existing people or housing necessitating the construction of replacement housing elsewhere; rather the Project would support the preservation of existing housing. Therefore, impacts would be less than significant.

Mitigation Measures: No mitigation measures are required. 46 City of Be11 Gardens, 2021-2029 Housing Element, February 14, 2022. Available online at:
htbs:// www.bellgardens.org/home/show-Dublisheddocument/5633/637951304163200000 , accessed on January 3, 2024.

Impact Sciences, Inc.
1468.001
Exhibit 4
97 283
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis

15. Public Services
Environmental Setting
The City provides a number of public services as describes in further detail below:

Fire Protection
The Los Angeles County Fire Department provides the City of Bell Gardens with fire suppression and emergency medical services from Fire Station 29, Battalion 3, Division 6, located at 7000 Garfield Avenue, within the City boundaries.

Police Protection
The Bell Gardens Police Department provides law enforcement services to residents and businesses in the City of Bell Gardens and is located at 7110 S. Garfield Avenue.

Schools
Schools in the City are under the Montebello Unified School District. The City has four elementary schools, two intermediate schools, and one high school. The District also has two adult education centers in Bell Gardens.

Parks
The City has five parks and a golf course that provide a variety of recreation opportunities. Parks include the Bell Gardens John Anson Ford Park (includes the Bell Gardens Sports Complex and Bell Gardens Golf Course), Bell Gardens Veterans Park, Gallant Park, and the Julia Russ Asmus Park, Marlow Park. The City has two senior centers, the Bell Gardens Senior Center, and Veterans Park Senior Center. The City also has a Youth Center and a community garden.

Libraries
The City has one public library, operated by Los Angeles County, located at 7110 S. Garfield Avenue.

Regulatory Framework
Regulations and policies exist at the state and local level with regard to public services and include:
• California Mutual Aid. Plan
• Senate Bi11 50 (Gov. Code § 65995)
• The Quimby Act (Gov. Code § 66477)
• City of Bell Gardens General Plan
Impact Sciences, Inc.
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Exhibit 4
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Bell Gardens Environmental Justice Element IS/ND
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III. Environmental Initial Study Checklist and Impact Analysis Discussion
List of Applicable EJ Goals and Policies:

Policy 21: Review public services through regular checkups in partnership with municipal, regional, and statewide agencies.

Policy 23: Publish. City communication in English and Spanish.

Policy 24: Promote recreational programs to all residents.

Policy 26: Increase safety and emergency preparedness through an established short-list of designated emergency shelters in the City. Information would be available to all residents in. English and in Spanish.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
a. Would the project result in substantial
adverse physical impacts associated with
the provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities,
the construction of which could cause
significant environmental impacts, in
order to maintain acceptable service
ratios, response times or other
performance objectives for any of the
public services:
i. Fire Protection?
X
Less than Significant Impact. Fire protection for the City is provided by the Los Angeles County Fire Department (LACFD). The LACFD operates more than 30 fire stations throughout Los Angeles County, with one station located within the City at 7000 Garfield Avenue. The Project is a policy - level document that establishes goals and policies to address public health risks and environmental concerns for vulnerable populations. The Project does not include any site -specific development and would not result in an increase in demand for additional fire services. In addition, as discussed in Section 14, Population and Housing, the Project would not induce unplanned population growth in the City. Future discretionary development projects following the adoption of the EJ Element would be required to undergo separate environmental review pursuant to CEQA to Impact Sciences, Inc.
1468.001
Exhibit 4
99 285
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis identify project specific impacts and apply any required mitigation measures. Therefore, the Project would result in less than significant impacts.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
ii. Police protection?
x
Less than Significant Impact. The City operates the Bell Gardens Police Department (BGPD). The BGPD has one police station located at 7100 Garfield Avenue. The EJ Element is a policy -level document and does not call for additional police protection nor would it require any new or redeveloped government facilities. The EJ Element establishes goals and policies to address public health risks and environmental concerns for vulnerable populations. In addition, as discussed in Section 14 (Population and Housing), above, the Project would not induce substantial unplanned population growth in the City. Future discretionary development projects following the implementation of the Project would be required to undergo separate environmental reviews pursuant to CEQA to identify project specific impacts and apply any required mitigation measures.

Therefore, less than significant impacts to police protection would occur.

Mitigation Measures: No mitigation measures are required. iii. Schools?
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
x
Less than Significant Impact. The City is served by the Montebello Unified School District which operates approximately 12 schools within the Project boundaries. The EJ Element is a policy -level document that establishes goals and policies to address public health risks and environmental concerns for the City's environmental justice communities. The Project does not include any site - specific development nor result in population increases, as discussed in Section 14 (Population and Housing), and therefore, would not result in an increase in demand for additional schools.

Future projects associated with Project implementation would be required to undergo separate environmental reviews to identify project specific impacts and apply any required mitigation Impact Sciences, Inc.
1468.001
Exhibit 4
100
286
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis measures. Therefore, the Project would result in a less than significant impact on school facilities and services.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
iv. Parks?
x
Less than Significant Impact. The City operates one park in Bell Gardens, Veterans Park located at 6662 Loveland Street. The EJ Element is a policy -level document that establishes goals and policies to address public health risks and environmental concerns for the City's environmental justice communities. The Project does not include any site -specific development and would not result in an increase in demand for additional parks. As discussed in Section 14 (Population and Housing), the Project would not induce substantial unplanned population growth in the City.

Future discretionary projects following Project approval would be required to undergo separate environmental reviews to identify project specific impacts and apply any required mitigation measures. Therefore, the Project would result in less than significant impacts related to parks.

Mitigation Measures: No mitigation measures are required. v. Other public facilities?
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
x
Less than Significant Impact. The EJ Element establishes goals and policies to address public health risks and environmental concerns for the City's environmental justice communities. The Project does not include any site -specific development and would not result in an increase in demand for additional library services. In addition, as discussed in Section 14 (Population and Housing), the Project would not induce substantial unplanned population growth in the City.

Future discretionary projects associated with approval of the Project would be required to undergo separate environmental reviews to identify project specific impacts and apply any required mitigation measures. Therefore, the Project would result in less than significant impacts.

Mitigation Measures: No mitigation measures are required.

Impact Sciences, Inc.
1468.001
Exhibit 4
101 Bell Gardens Environmental Justice Element IS/ND
April 2024
287

III. Environmental Initial Study Checklist and Impact Analysis

16. Recreation
Environmental Setting
Please refer to Environmental Setting above Section 15 (Public Services).

Regulatory Framework
Regulations and policies exist at the state and local level with regard to recreation and include:
• The Quimby Act (Gov. Code § 66477)
• City of Bell Gardens General Plan, Open Space and Recreation Element Discussion
List of Applicable EJ Goals and Policies:

Policy 24: Promote recreational programs to all residents.

Policy 29: Live stream City Council and Commission meetings at public facilities (i.e., recreational centers and childcare centers).
a. Would the project increase the use of
existing neighborhood and regional
parks or other recreational facilities such
that substantial physical deterioration of
the facility would occur or be
accelerated?
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact
x
No Impact
Less than Significant Impact. The City operates Veteran's Park, located at 6662 Loveland. Street and. the Neighborhood Youth Center, located at 7117 El Selinda Avenue. As discussed in Section 14, Population and Housing, Project implementation would not induce substantial unplanned population growth in the City. However, the EJ Element contains policies that may result in increased use of the City's parks and recreational facilities, by promoting recreational programs to all residents (Policy 24) and live streaming City meetings at recreational centers (Policy 29). As such, adoption of the Project would result in less that significant impacts to the substantial physical deterioration of recreational facilities or otherwise cause the acceleration of deterioration. Future discretionary projects following Impact Sciences, Inc.
1468.001
Exhibit 4
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Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis the approval of the Project would be subject to environmental review pursuant to CEQA, which would identify any project -specific impacts and apply required mitigation measures.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
b. Does the project include recreational
facilities or require the construction or
expansion of recreational facilities, which
might have an adverse physical effect on
the environment?
X
Less than Significant Impact. The Project does not include physical improvements, nor any recreational facilities or site -specific developments that would require the expansion of recreational facilities. Specifically, the Project establishes goals and policies to address public health risks and environmental concerns for vulnerable populations that would support the City's General Plan. Future discretionary development projects following Project approval would be required to undergo separate environmental reviews to evaluate project specific impacts and identify any required mitigation measures. Therefore, the Project would result in less than significant impacts to the expansion of recreational facilities.

Mitigation Measures: No mitigation measures are required.

Impact Sciences, Inc.
1468.001
Exhibit 4
103
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Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis

17. Transportation
Environmental Setting
The City is currently served by a system of major highways, secondary highways, collector streets, and local streets that extend beyond the City boundaries into neighboring cities. The City is served by the Los Angeles Metropolitan. Transportation Authority (LA Metro), that provides bus routes that travel through Gage Avenue, Eastern. Avenue, Garfield Avenue, and Florence Avenue, as well as bus lines administered by the cities of Montebello and Commerce. The City has its own trolley service, the citywide fixed route public transportation service provides connections to Ford Park, Veterans Park, the Civic Center, Library, US Postal Office, Neighborhood Youth Center, and Eastern Avenue shopping center.

Regulatory Framework
Regulations and policies exist at the state, regional, and local levels as follows:
• Senate Bi11 743
• SCAG, 2020 RTP/SCS
• City of Bell Gardens General Plan — Circulation Element Discussion
List of Applicable EJ Goals and Policies:

Policy 11: Expand recreational opportunities and programs to be accessible to all residents.

Policy 12: Expand the existing pedestrian and bicycle network to be safe and accessible for all ages.

Policy 28: Expand the Town Trolley bus service hours and bus stop locations to better accommodate City Council and Commission meetings.
a. Would the project conflict with a
program plan, ordinance or policy
addressing the circulation system,
including transit, roadway, bicycle and
pedestrian facilities?
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact
X
No Impact
Impact Sciences, Inc.
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Exhibit 4
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Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis Less than Significant Impact. The City is currently served by a system of major highways, secondary highways, collector streets, and local streets that extend beyond the City boundaries into neighboring cities. The City is served by the Los Angeles Metropolitan. Transportation. Authority (LA Metro), that provides bus routes that travel through Gage Avenue, Eastern Avenue, Garfield Avenue, and Florence Avenue, as well as bus lines administered by the cities of Montebello and Commerce. The City has its own trolley service, the citywide fixed route public transportation service provides connections to Ford Park, Veterans Park, the Civic Center, Library, US Postal Office, Neighborhood Youth Center, and Eastern Avenue shopping center.

The EJ Element is a policy -level document that is intended to establish goals and policies to address public health risks and environmental concerns for the City's environmental justice communities and would not directly result in the approval of any physical improvements or future development that may conflict with the policies regarding circulation, transit, bicycle facilities, and pedestrian facilities.

Rather, the Project contains policies that are intended to improve the City's bicycle and pedestrian experience. Specifically, Measure 5.4 calls for coordination with the City's Recreation and Community Department to implement programs that encourage City residents to bike more. However, future projects associated with the implementation of the Project, inclusive of Measure 5.4, may involve revisions to the City's existing and planned bicycle and pedestrian network outlined in the Circulation Element of the City's General Plan. As such, future infrastructure and development projects associated with the EJ Element would be subject to the City's policies and regulations, as well as an appropriate environmental review pursuant to CEQA, which would identify any project -specific impacts and apply required mitigation measures if there are any conflict with any circulation plan, ordinance or policy addressing circulation. Therefore, the EJ Element would not conflict with an applicable plan, ordinance, or policy addressing the circulation system, and less than significant impacts would occur.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
b. Would the project conflict or be
inconsistent with CEQA Guidelines
section 15064.3, subdivision (b)?
X
Less than Significant Impact. CEQA Guidelines section 15064.3 (b)(2) requires the use vehicle miles traveled (VMT) to evaluate a project's transportation impacts. VMT analyzes the number of trips and number of miles traveled by motor vehicles associated with a development program or project. The EJ Impact Sciences, Inc.
1468.001
Exhibit 4
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Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis Element is a policy -level document that intended to establish goals and policies to address public health risks and environmental concerns for the City's environmental justice communities and does not conflict with or otherwise be inconsistent with CEQA Guidelines Section 15064.3(b). Projects associated. with the implementation of the EJ Element would be evaluated on a project -by -project basis pursuant to CEQA and make a determination of whether the project is in conflict with or inconsistent with CEQA Guidelines Section 15064.3(b). Project policies such as Policy 12 (Expand the existing pedestrian and bicycle network to be safe and accessible for all ages), Policy 15 (Support land use policies and programs that allow development of residential densities in a variety of sizes to accommodate all families), and Policy 28 (Expansion of Town Trolley bus service hours and bus stop locations) could potentially result in a decrease in VMT. Future site -specific projects, including but not limited to affordable housing and residential development projects following the approval of the EJ Element would be required to undergo an appropriate environmental review pursuant to CEQA and identify any project -specific impacts and apply any required mitigation measures, as needed. As such, impacts related to VMT would be less than significant.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
c. Would the project substantially increase
hazards due to a geometric design feature
(e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g.,
farm equipment)?
x
Less than Significant Impact. The EJ Element is a policy -level document that is intended to establish goals and policies to address public health risks and environmental concerns for the City's environmental justice communities and would not directly result in the approval of any physical improvements or future development that would increase geometric design hazards and incompatible uses. Future projects following the adoption of the EJ Element would be subject to City's design guidelines, and standards would also be subject to an appropriate environmental review pursuant to CEQA and identify any project -specific impacts and apply any required mitigation measures. As such, impacts related to increasing hazards due to design would be less than significant.

Mitigation Measures: No mitigation measures are required.

Impact Sciences, Inc.
1468.001
Exhibit 4
106
292
Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
d. Would the project result in inadequate
emergency access?
x
Less than Significant Impact. As discussed above, the EJ Element is a policy -level document that is intended to establish goals and policies to address public health risks and environmental concerns for the City's environmental justice communities and would not result in any physical development or improvements and would not otherwise impact emergency access. Future projects associated with the implementation of the Project may include revisions to the City's existing and planned roadway network outlined in the Circulation Element of the City's General Plan pursuant to Measure 5.4. Such projects would be subject to an appropriate environmental review pursuant to CEQA and identify any project -specific impacts and apply required mitigation measures. Further projects would also be subject to the City's design guidelines and standards and the final design must be approved by the City prior to the issuance of development permits in order to ensure adequate emergency access. As such, impacts related to emergency access would be less than significant.

Mitigation Measures: No mitigation measures are required.

Impact Sciences, Inc.
1468.001
Exhibit 4
107 Bell Gardens Environmental Justice Element IS/ND
April 2024
293

III. Environmental Initial Study Checklist and Impact Analysis

18. Tribal Cultural Resources
Environmental Setting
On November 7, 2023, Impact Sciences, on behalf of the City, submitted a Sacred Lands File records search. request to the NAHC for the Project requesting to determine if there are any tribal cultural resources within the City. On. December 4, 2023, the NAHC responded that no known tribal cultural resources were identified and provided a list of tribes to contract for tribal consultation (please see Appendix D, Cultural Resources Information). On December 13, 2023, the City contacted the list of tribes by certified mail and. email to offer the tribes an opportunity for tribal consultation on the Project. To date, the City has not received a request for tribal consultation.

Regulatory Framework
The regulations that guide the consideration and treatment of tribal cultural resources include:
• Assembly Bi11 52 and SB 18 (Tribal Consultation)
• Health and Safety Code, Section 7050.5
• PRC Sections 5097-5097.994
Discussion
List of Applicable EJ Goals and Policies:

The EJ Element does not contain any goals or policies related to tribal cultural resources. No specific development projects or physical improvements are included as part of the EJ Element, and no changes in existing land use zones or densities, nor any changes to land use regulations are proposed.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
a. Would the project cause a substantial
adverse change in the significance of a
tribal cultural resource, defined in Public
Resources Code section 21074 as either a
site, feature, place, cultural landscape that
is geographically defined in terms of the
size and scope of the landscape, sacred
place, or object with cultural value to a
California Native American tribe, and
that is:

X
Impact Sciences, Inc.
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Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
Listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in
Public Resources Code section
5020.1(k)?
Less than Significant Impact. The EJ Element is a policy -level document that is intended to establish goals and policies to address public health risks and environmental concerns for the City's environmental justice communities and would not result in any physical development or improvements, nor does it contain any policies or goals that address or would otherwise impact tribal cultural resources. On November 7, 2023, Impact Sciences, on behalf of the City, submitted a Sacred Lands File records search request to the Native American Heritage Commission (NAHC) for the Project requesting to determine if there are any tribal cultural resources within the City. On December 4, 2023, the NAHC responded that no known tribal cultural resources were identified and provided a list of tribes to contract for tribal consultation (please see Appendix D, Cultural Resources Information). On December 13, 2023, the City contacted the list of tribes by certified mail and email to offer the tribes an opportunity for tribal consultation on the Project. To date, the City has not received a request for tribal consultation.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
ii. A resource determined by the lead
agency, in its discretion and
supported by substantial evidence, to
be significant pursuant to criteria set
forth in subdivision (c) of Public
Resources Code Section 5024.1. In
applying the criteria set forth in
subdivision (c) of Public Resource
Code Section 5024.1, the lead agency
shall consider the significance of the
resource to a California Native
American tribe?
X
Impact Sciences, Inc.
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Exhibit 4
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Bell Gardens Environmental Justice Element IS/ND
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III. Environmental Initial Study Checklist and Impact Analysis Less than Significant Impact. PRC Section 5024.1(c) considers a resource to be culturally significant if it (1) is associated with events that have made a significant contribution to the broad pattens of California's history and cultural heritage; (2) is associated with the lives of persons important in our past; (3) embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or (4) has yielded, or may be likely to yield, information important in prehistory or history.

As discussed in Section 5, Cultural Resources, the City is largely developed and has been determined to have a low potential for archaeological resource discovery in the area. Further, the EJ Element is a policy -level document that is intended to establish goals and policies to address public health risks and environmental concerns for the City's environmental justice communities and would not result in any physical development or improvements, nor does it contain any policies or goals that address or would otherwise impact tribal cultural resources. The Project would adopt and implement a new EJ Element in the City's General Plan. The Project will not result in the approval of any physical improvements. Future projects following the adoption of the Project could potentially unearth tribal cultural resources during construction and/or operations.

However, all future discretionary projects would be subject to individual environmental review pursuant to CEQA, which triggers a tribal consultation process and would also require a project level analysis of potential tribal cultural resource impacts and apply any required mitigation measures. As such, the Project would have a less than significant impact to a tribal cultural resource that is listed or eligible for listing in the California Register or Historical Resources, or in a local register of historical resources as defined by PRC Section 5024.1.

Mitigation Measures: No mitigation measures are required.

Impact Sciences, Inc.
1468.001
Exhibit 4
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Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis

19. Utilities and Service Systems
Environmental Setting
The City is served by the following utility and service systems:

Water
The City and Golden State Water Company deliver water to residents in the City.47 Potable water is supplied from two main sources: local groundwater pumped from the Central Basin and purchased water from the Metropolitan. Water District of Southern California. Recycled water is also supplied to the City.

Wastewater
Wastewater in the Bell -Bell Gardens System is collected by gravity sewers and lift stations owned by the City and Los Angeles County Sanitation Districts (LACSD).48 The wastewater is transported out of the service area through trunk sewers to LACSD's Los Coyotes Water Reclamation. Plant (WRP) in Cerritos for treatment.

Stormwater
The City's storm water system is designed to prevent flooding on streets and sidewalks by capturing flows and conveying them to the nearest storm drain. The City's stormwater system is maintained by the Los Angeles County Flood Control District.49
47 Tully and Young, Inc. & Zanjero, Bell -Bell Gardens Service Area 2020 Urban Water Management Plan. Available online at: https://www.gswater.com/sites/main/files/file-attachments/bell- bell gardens 2020 uwmJ 0.pdf?1624993808, accessed May 2, 2023. 48 Tully and Young, Inc. & Zanjero, Bell -Bell Gardens Service Area 2020 Urban Water Management Plan. Available online at: https://www.gswater.com/sites/main/files/file-attachments/bell- bell gardens 2020 uwmJ 0.pdf?1624993808, accessed May 2, 2023.

Los Angeles County Public Works, "Los Angeles County Storm Drain System." Available online at:
httJs://pw.lacounty.gov/fcd/StormDrain/index.cfm, accessed May 2, 2023. 49 Impact Sciences, Inc.
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III. Environmental Initial Study Checklist and Impact Analysis Solid Waste
The City contracts with Athens Services for disposal of solid waste, recyclables, and green waste. Most solid waste (69 %) is disposed of at three landfills: El Sobrante Landfill, Frank R. Bowerman Sanitary Landfill, and the Mid -Valley Sanitary Landfill.50
Electricity, Gas, and Telecommunications
Southern. California Edison (SCE) provides electricity and Southern California Gas Company (SoCalGas) provides gas service within the City.51, 52 Telecommunication services are provided by a variety of service providers, such as AT&T and Spectrum.

Regulatory Framework
Regulations and policies exist at the state and local level with regard to utilities and service systems and. include:
• Safe Drinking Water, Clean. Water, Watershed. Protection, and Flood Protection Act (Water Code §§ 79000 - 79222)
• California Integrated Waste Management Act (AB 939)
• California Green Building Standards Code
• City of Bell Gardens, 2020 Urban Water Management Plan • City of Bell Gardens General Plan
Discussion
List of Applicable EJ Goals and Policies:

Goal 1: Minimize the community's exposure and impacts from environmental pollution. 50 51
52 California Department of Resources Recycling and Recovery (CalRecycle), "Jurisdiction. Disposal by Facility: Bell.

Gardens 2019." Available online at:
htt Js://www2.calrecycle.ca.gov/LGCentra1/DisposalRe Dorting/Destination/Dis JosalByFacility, accessed May 2, 2023.

Southern California Gas Company, "List of Cities and Communities Served/' Available online at:
htt Js://tariff.socalgas.com/regulatory/tariffs/tm2/pdf/CITIES. jdf? ga=2.260165455.312924021.1639588899- 1879876423.1636571672, accessed December 5, 2023.

Southern. Califomia Edison, "Southern. California Edison's Service Area," Available online at:
htbs://download.newsroom.edison.com/create memory file/?f id=5cc32d492cfac24d21 aecf4c&content verified =True , accessed December 5, 2023.

Impact Sciences, Inc.
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112 Bell Gardens Environmental Justice Element IS/ND
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III. Environmental Initial Study Checklist and Impact Analysis Policy 5:

Policy 6:

Policy 7:

Protect potable water and groundwater resources from future contamination by implementing pollutant concentration standards and conducting routine testing to the City's potable water system.

Protect the existing groundwater quality by conducting annual testing and reporting of the Central Basin to confirm conformance with local, state, and federal standards.

Ensure sufficient water availability and supply to meet current and future demand. a. Would the project require or result in the
relocation or construction of new or
expanded water, wastewater treatment or
storm water drainage, electric power,
natural gas, or telecommunications
facilities, the construction or relocation of
which could cause significant
environmental effects?
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
x
Less than Significant Impact. The City and Golden State Water Company deliver water to residents in the City.53 Potable water is supplied from two main sources: local groundwater pumped from the Central Basin and purchased water from the Metropolitan Water District of Southern California.

Recycled water is also supplied to the City. According to the 2020 Urban Water Management Plan, water supplies are estimated to meet demands in normal, single dry years, and five consecutive dry year conditions through the year 2045.54
Wastewater in the Bell -Bell Gardens System is collected by gravity sewers and lift stations owned by the City of Bell Gardens, and Los Angeles County Sanitation Districts (LACSD).55 The wastewater is transported out of the service area through trunk sewers to LACSD's Los Coyotes Water Reclamation Plant (WRP) in Cerritos for treatment. The Los Coyotes WRP provides primary, secondary, and tertiary 53 54
55 Tully and Young, Inc. & Zanjero, Bell -Bell Gardens Service Area 2020 Urban Water Management online at: httDs:// www.gswater.com/sites/main/files/file-attachments/bell- bell gardens 2020 uwm? 0.pdf?1624993808, accessed May 2, 2023.

Tully and Young, Inc. & Zanjero, Bell -Bell Gardens Service Area 2020 Urban Water Management online at: httJs:// www.gswater.com/sites/main/files/file-attachments/bell- bell gardens 2020 uwm? 0.pdf?1624993808, accessed May 2, 2023.

Tully and Young, Inc. & Zanjero, Bell -Bell Gardens Service Area 2020 Urban Water Management online at: htt?s:// www.gswater.com/sites/main/files/file-attachments/bell- bell gardens 2020 uwmJ 0.pdf?1624993808, accessed May 2, 2023.

Plan. Available
Plan. Available
Plan. Available
Impact Sciences, Inc.
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113 Bell Gardens Environmental Justice Element IS/ND
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299

III. Environmental Initial Study Checklist and Impact Analysis treatment for an average dry weather flow (DWF) design capacity of 37.5 million gallons of wastewater per day (mgd).

The City's storm water system is designed to prevent flooding on streets and sidewalks by capturing flows and conveying them to the nearest storm drain. The City's stormwater system is maintained by Los Angeles County Flood Control District.56
Southern. California Edison (SCE) provides electricity and Southern California Gas Company (SoCalGas) provides gas service within the City.57, 58 Telecommunication services are provided by a variety of service providers, such as AT&T and Spectrum.

The EJ Element is a policy -level document that establishes goals and policies to address public health risks and environmental concerns for the City's environmental justice communities. The EJ Element does not propose and would not result in the approval of any physical improvements or future development that would require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities. Policies 5, 6, and 7 merely relate to ensuring the quality of the City's groundwater and potable water supplies, Future discretionary development projects that propose physical improvements would be required to undergo separate environmental reviews pursuant to CEQA to identify project specific impacts and apply any required mitigation measures. Therefore, the Project would result in less than significant impacts to the relocation or construction of new or expanded water, wastewater treatment, or storm water drainage, electric power, natural gas, or telecommunications facilities.

Mitigation Measures: No mitigation measures are required. 56 57
58 Los Angeles County Public Works, "Los Angeles County Storm Drain System." Available online at:
htbs://pw.lacounty.gov/fcd/StormDrain/index.cfm, accessed May 2, 2023.

Southern California Gas Company, "List of Cities and Communities Served/' Available online at:
htt Js://tariff.socalgas.com/regulatory/tariffs/tm2/pdf/CITIES. jdf? ga=2.260165455.312924021.1639588899- 1879876423.1636571672, accessed December 5, 2023.

Southern. Califomia Edison, "Southern. California Edison's Service Area," Available online at:
htbs://download.newsroom.edison.com/create memory file/?f id=5cc32d492cfac24d21 aecf4c&content verified =True , accessed December 5, 2023.

Impact Sciences, Inc.
1468.001
Exhibit 4
114 Bell Gardens Environmental Justice Element IS/ND
April 2024
300

III. Environmental Initial Study Checklist and Impact Analysis Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
b. Would the project have sufficient water
supplies available to serve the project
and reasonably foreseeable future
development during normal, dry and
multiple dry years?
X
Less than Significant Impact. The City of Bell Gardens and Golden. State Water Company deliver water to residents in the City.59 Potable water is supplied from two main sources: local groundwater pumped from the Central Basin and purchased water from the Metropolitan Water District of Southern California. Recycled water is also supplied to the City. According to the 2020 Urban Water Management Plan, water supplies are estimated to meet demands in normal, single dry years, and five consecutive dry year conditions through the year 2045.

EJ Element is a policy -level document that establishes goals and policies to address public health risks and environmental concerns for the City's environmental justice communities. The Project does not include any site -specific development nor propose any physical improvements and therefore would not result in an increase in demand for water. As discussed in Section 14, Population and Housing, the Project would not induce substantial unplanned population growth in the City. Furthermore, the Project would implement policies that would regularly test and protect quality potable water and groundwater resources (Policies 5, 6, and 7) in Bell Gardens and ensure sufficient water availability. As such, adoption of the Project would result in less that significant impacts to water availability and supply in the City.

Mitigation Measures: No mitigation measures are required. 59 Tully and Young, Inc. & Zanjero, Bell -Bell Gardens Service Area 2020 Urban Water Management Plan. Available online at: httDs:// www.gswater.com/sites/main/files/file-attachments/bell- bell gardens 2020 uwmJ 0.pdf?1624993808, accessed May 2, 2023.

Impact Sciences, Inc.
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Exhibit 4
115 Bell Gardens Environmental Justice Element IS/ND
April 2024
301

III. Environmental Initial Study Checklist and Impact Analysis c. Would the project result in a
determination by the wastewater
treatment provider, which serves or
may serve the project that it has
adequate capacity to serve the project's
projected demand in addition to the
provider's existing commitments?
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact
No Impact
x
Less than Significant Impact. Wastewater in the Bell -Bell Gardens System is collected by gravity sewers and lift stations owned by the City of Bell Gardens, and Los Angeles County Sanitation Districts (LACSD).60 The wastewater is transported out of the service area through trunk sewers to LACSD's Los Coyotes Water Reclamation Plant (WRP) in Cerritos for treatment. The Los Coyotes WRP provides primary, secondary, and tertiary treatment for an average dry weather flow (DWF) design capacity of

37.5 million gallons of wastewater per day (mgd).

The EJ Element is a policy -level document intended to address public health risks and environmental concerns for the City's environmental justice communities. The Project does not propose any physical development or improvements and would not result in an increase in demand for utility services and/or result in the need for new wastewater facilities. In addition, as discussed in Section 14, Population and Housing, the Project would not induce substantial unplanned population growth in the City. Future development projects following the adoption of the Project would be required to undergo separate environmental reviews to identify project specific impacts and apply any required mitigation measures. Therefore, the Project would result in less than significant impacts.

Mitigation Measures: No mitigation measures are required. 60 Tully and Young, Inc. & Zanjero, Bell -Bell Gardens Service Area 2020 Urban Water Management Plan. Available online at: httDs:// www.gswater.com/sites/main/files/file-attachments/bell- bell gardens 2020 uwmJ 0.pdf?1624993808, accessed May 2, 2023.

Impact Sciences, Inc.
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Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis d. Would the project generate solid waste
in excess of State or local standards, or
in excess of the capacity of local
infrastructure, or otherwise impair the
attainment of solid waste reduction
goals?
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact
No Impact
x
Less than Significant Impact. The City contracts with. Athens Services for disposal of solid waste, recyclables, and green waste. The majority of solid waste (69 percent) is disposed of at three landfills:

El Sobrante Landfill, Frank R. Bowerman Sanitary Landfill, and the Mid -Valley Sanitary Landfill.61 The three landfills where a majority of solid waste from the City is disposed have a remaining capacity of: 143,977,170 cubic yards (CY) for El Sobrante Landfill;62 205,000,000 CY for Frank R. Bowerman Sanitary Landfill;63 and 54,219,377 CY for the Mid -Valley Sanitary Landfill.64 The EJ Element is a policy -level document intended to address public health risks and environmental concerns for the City's environmental justice communities. The Project does not propose any physical improvements or development and would not result in an increase in solid waste. In addition, as discussed in. Section 14, Population and Housing, the Project would not induce unplanned population growth in the City. Future discretionary projects following the approval of the Project would be required to undergo separate environmental reviews to evaluate and identify project specific impacts and apply any required mitigation measures. Therefore, the Project would result in less than significant impacts.

Mitigation Measures: No mitigation measures are required. 61 California Department of Resources Recycling and Recovery (CalRecycle), "Jurisdiction. Disposal by Facility: Bell.

Gardens 2019." Available online at:
htbs://www2.calrecycle.ca.gov/LGCentral/Dis3osalReporting/Destination/DisDosalByFacility, accessed May 2, 2023.
62 California Department of Resources Recycling and Recovery (CalRecycle), "SWIS Facility/Site Activity Details El Sobrante Landfill." Available online at:
htbs://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/2280?siteID=2402, accessed April 3, 2024. 63 California. Department of Resources Recycling and Recovery (CalRecycle), "SWIS Facility/Site Activity Details Frank R. Bowerman Landfill." Available at: htt Js://www2.calrecycle.ca.gov/SolidWaste/Site/Summary/2103 , accessed April 3, 2024.
64 California Department of Resources Recycling and Recovery (CalRecycle), "SWIS Facility/Site Activity Details Mid -Valley Sanitary Landfill." Available online at:
htt 3s://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/1880?siteID=2662 , accessed April 3, 2024.

Impact Sciences, Inc.
1468.001
Exhibit 4
117 Bell Gardens Environmental Justice Element IS/ND
April 2024
303

III. Environmental Initial Study Checklist and Impact Analysis Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
e. Would the project comply with federal,
state, and local management and
reduction statutes and regulations related
to solid waste?
X
Less than Significant. The City contracts with Athens Services for disposal of solid waste, recyclables, and green waste.65The majority of solid waste (69 percent) is disposed of at three landfills: El Sobrante Landfill, Frank R. Bowerman Sanitary Landfill, and the Mid -Valley Sanitary Landfi11.66 The three landfills where a majority of solid waste from the City is disposed have a remaining capacity of:
143,977,170 cubic yards (CY) for El Sobrante Landfill; 205,000,000 CY for Frank R. Bowerman Sanitary Landfill; and 61,219,377 CY for the Mid -Valley Sanitary Landfi11.67 The Project does not include any site -specific development and would not result in an increase in solid waste. In addition, as discussed in Section 14, Population and Housing, the Project would not induce substantial unplanned population growth in the City. Future development projects would be required to adhere to federal, state, and local management and reduction statutes and regulations related to solid waste, such as California Integrated Waste Management Act of 1989 (AB 939). In addition, future discretionary projects following the approval of the Project would be required to undergo separate environmental reviews to evaluate and identify project specific impacts and apply any required mitigation measures. Therefore, the Project would result in less than significant impacts.

Mitigation Measures: No mitigation measures are required. 65 66
67 City of Bell. Gardens, "Contracts (Monitoring and Administration)." Available online at:
htt Js:// www.bellgardens.org/government/city-departments/ Dub lic-works/contract- services#: : text=The%20residentia1%20waste%20 management%20 services,agreement%20with%20Athens%20Ser vices%2C%20Inc. accessed April 3, 2024.

California. Department of Resources Recycling and Recovery (CalRecycle), "Jurisdiction Disposal by Facility: Bell Gardens 2019." Available online at:
htbs://www2.calrecycle.ca.gov/LGCentral/DisxosalRe-Dorting/Destination/DisDosalByFacility, accessed May 2, 2023.

California Department of Resources Recycling and Recovery (CalRecycle), "SWIS Facility/Site Search." Available online at: https://www2.calrecycle.ca.gov/SolidWaste/Site/Search , accessed May 2, 2023.

Impact Sciences, Inc.
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118 Bell Gardens Environmental Justice Element IS/ND
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304

III. Environmental Initial Study Checklist and Impact Analysis

20. Wildfire
Environmental Setting
According to CAL FIRE, the City of Bell Gardens is not located in a Very High Fire Hazard Severity Zone.68 According to the Safety Element of the City's General Plan, the City has a Multi -Hazard Functional Plan (MHFP) that outlines the responsibilities and procedures to follow in the event of an emergency or City- wide disaster.69 In addition, the City of Bell Gardens is located within the Los Angeles County Operational Area and maintains mutual aid agreements for emergency situations. The County's Emergency Response Plan, adopted in 2012, establishes a coordinated emergency management system, which includes prevention, protection, response, recovery, and mitigation within the Operational Area.70 Regulatory Framework
Regulations and policies exist at the state and local level with regard to wildfire and include:
• Fire Hazard. Severity Zones (Gov. Code §§ 51177 and 51178) • California Fire Code, Chapter 47 (Occupancy Based Requirements) • Defensible Space Regulation (PRC § 4291) —
• California Code of Regulations, Title 14 (Building Standards Code) • California Mutual Aid Plan
• City of Bell Gardens, Multi -Hazard Functional Plan
• Los Angeles County, Emergency Response Plan
Discussion
List of Applicable EJ Goals and Policies
The EJ Element does not contain any goals or policies related to wildfire. No specific development projects are included as part of the EJ Element, and no changes in existing land use zones or densities, nor any changes to land use regulations are proposed.
68 CAL FIRE, Los Angeles County -State Responsibility Area Fire Hazard Severity Zones, September 29, 2023. Available online at: htt Ds://osfm.fire.ca.gov/media/svjjf2kl/fhsz county sra 11x17 2022 losangeles 3.pdf, accessed November 1, 2023.
69 City of Bell Gardens, Safety Element, July 27, 1.995. Available online at:
htt Ds:// www.bellgardens.org/home/show Dublisheddocument/5723/637976183394330000, accessed January 2, 2024.
70 County of Los Angeles, Los Angeles County Operational Area Emergency Response Plan. Available online at:
httos://ceo.lacounty.gov/wp-content/u. Dloads/2019/12/OAERP-A D Droved -Adopted -Version -6-19-2012. Ddf, accessed September 21, 2023.

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Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
a. Would the project substantially impair an
adopted emergency response plan or
emergency evacuation plan?
X
Less than Significant Impact. The Department of Forestry and Fire Protection (CAL FIRE) identifies, and maps areas of significant fire hazard based on fuels, terrain, and other relevant factors. Wildfire risks in State Responsibility Areas (SRA) are called Fire Hazard Severity Zones and are grouped into unzoned, moderate, high, and very high zones.71 According to CAL FIRE, the City of Bell Gardens is not located in a Very High Fire Hazard Severity Zone.72 According to the Safety Element of the City's General Plan, the City has a Multi -Hazard Functional Plan (MHFP) that outlines the responsibilities and procedures to follow in the event of an emergency or City-wide disaster.73 In addition, the City of Bell Gardens is located within the Los Angeles County Operational Area and maintains mutual aid agreements for emergency situations. The County's Emergency Response Plan, adopted in 2012, establishes a coordinated emergency management system, which includes prevention, protection, response, recovery, and mitigation within the Operational Area.74 The EJ Element is a policy -level document that is intended to establish goals and policies to address public health risks and environmental concerns for the City's environmental justice communities and would not directly result in the approval of any physical improvements or future development that would substantially impair an emergency response plan or emergency evacuation plan. Specifically, the Project includes goals and policies that would enhance public safety and promote healthy and equitable outcomes. The Project does not propose any physical improvements or future development that may impede the procedures outlined in the MHFP or County Emergency Response Plan. Future discretionary projects following the approval of the Project would be subject to the City's policies and regulations related to the emergency response as well as appropriate environmental review pursuant 71 See Cal. Code Regs., tit. 24, § 702A for a definition of "fire hazard severity zones." 72 CAL FIRE, Los Angeles County -State Responsibility Area Fire Hazard Severity Zones, September 29, 2023. Available online at: htt Ds://osfm.fire.ca.gov/media/svjjf2kl/fhsz county sra 11x17 2022 losangeles 3.pdf, accessed November 1, 2023.
73 City of Bell Gardens, Safety Element, July 27, 1.995. Available online at:
htt Ds:// www.bellgardens.org/home/show Dublisheddocument/5723/637976183394330000, accessed January 2, 2024.
74 County of Los Angeles, Los Angeles County Operational Area Emergency Response Plan. Available online at:
httos://ceo.lacounty.gov/wp-content/u. Dloads/2019/12/OAERP-A D Droved -Adopted -Version -6-19-2012. Ddf, accessed September 21, 2023.

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Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis to CEQA and identify significant impacts and apply any required mitigation measures pursuant to CEQA, as needed. Therefore, the Project would not impair an adopted emergency response plan or emergency evacuation plan and impacts would be less than significant.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
b. Due to slope, prevailing winds, and other
factors, would the project exacerbate
wildfire risks and thereby expose project
occupants to pollutant concentrations
from a wildfire or the uncontrolled
spread of a wildfire?
x
No Impact. The City of Bell Gardens is located within a highly urbanized area of Los Angeles County.

According to CAL FIRE, the City is not located within an identified Fire Hazard. Severity Zone.75 In addition, the topography of the City of Be11 Gardens is relatively flat, and the Project is a policy -level document that does not propose any physical improvements or developments. Therefore, there would be no impact with regards to the exposure of people to pollutant concentration from wildfires.

Mitigation Measures: No mitigation measures are required. c. Would the project require the installation
or maintenance of associated
infrastructure (such as roads, fuel breaks,
emergency water sources, power lines or
other utilities) that may exacerbate fire
risk or that may result in temporary or
ongoing impacts to the environment?
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
x
75 California. Department of Forestry and Fire Protection (CAL FIRE), "Fire Hazard Severity Zone Viewer." Available online at: https://egis.fire.ca.gov/FHSZ/ , accessed on January 17, 2023.

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Bell Gardens Environmental Justice Element IS/ND
April 2024

III. Environmental Initial Study Checklist and Impact Analysis No Impact. The City of Bell Gardens is not located in a Very High Fire Hazard Severity Zone.76 The Project policy -level document that is intended to establish goals and policies to address public health risks and environmental concerns for the City's environmental justice communities and does not propose any physical improvements or development. Future projects following the approval of the Project would be required to undergo separate environmental reviews pursuant to CEQA to evaluate and identify project specific impacts and apply any required mitigation measures. As such, impacts related to the installation of temporary infrastructure would be less than significant.

Mitigation Measures: No mitigation measures are required.

Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
d. Would the project expose people or
structures to significant risks, including
downslope or downstream flooding or
landslides, as a result of runoff, post -fire
slope instability, or drainage changes?
X
Less than Significant Impact. The City of Bell Gardens is located within a minimal or moderate flood hazard area and would be subject to moderate or minimal risk from flooding.77 The Project policy - level document that is intended to establish goals and policies to address public health risks and environmental concerns for the City's environmental justice communities and does not propose any physical improvements or development. Future projects following Project approval would be required to undergo separate environmental reviews to identify and evaluate project specific impacts and apply any required mitigation measures. As such, impacts related to downslope and downstream flooding and landslides, as a result of runoff, post -fire instability, or drainage changes would be less than significant.

Mitigation Measures: No mitigation measures are required. 76 77
CAL FIRE, Los Angeles County -State Responsibility Area Fire Hazard Severity Zones, September 29, 2023. Available online at: https://osfm.fire.ca.gov/media/svjjf2kl/fhsz county sra 11x17 2022 losangeles 3.pdf, accessed November 1, 2023.

Federal. Emergency Management Agency (FEMA), "FEMA's National. Flood Hazard Layer (NFHL) Viewer," Available online at: https://hazards-
fema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b5529aa9cd Impact Sciences, Inc.
1468.001
Exhibit 4
122 Bell Gardens Environmental Justice Element IS/ND
April 2024
308

III. Environmental Initial Study Checklist and Impact Analysis

21. Mandatory Findings of Significance
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
a. Does the project have the potential to
substantially degrade the quality of the
environment, substantially reduce the
habitat of a fish or wildlife species, cause
a fish or wildlife population to drop
below self-sustaining levels, threaten to
eliminate a plant or animal community,
substantially reduce the number or
restrict the range of a rare or endangered
plant or animal or eliminate important
examples of the major periods of
California history or prehistory?
x
Less Than Significant Impact. The City is predominantly comprised of urbanized development with minimal vacant properties. The Rio Hondo River borders the City to the east and the I-710 to the west.

However, there are no SEAs, riparian habitats, or protected natural communities identified within the City. The Project is a policy -level document that will be incorporated into the City's General Plan and is intended to reflect the City's efforts in addressing environmental hazards to disadvantaged communities. The EJ Element does not propose physical improvements or developments resulting in environmental impacts, as defined by CEQA. Specifically, the Project would not substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory because the EJ Element would not directly result in physical environmental changes.

Future projects following approval of the Project would be subject to the City's policies and regulations related to preserving biological, cultural, and paleontological resources, as well as an appropriate environmental review pursuant to CEQA. Under CEQA, any project specific impacts would be identified and apply any required mitigation measures.

Mitigation Measures: No mitigation measures are required.

Impact Sciences, Inc.
1468.001
Exhibit 4
123 Bell Gardens Environmental Justice Element IS/ND
April 2024
309

III. Environmental Initial Study Checklist and Impact Analysis Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
b. Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively
considerable" means that the incremental
effects of a project are considerable when
viewed in connection with the effects of
past projects, the effects of other current
projects, and the effects of probable
future projects)?
x
Less Than Significant Impact. As a policy document, the EJ Element would not directly result in physical environmental changes, as defined by CEQA. Furthermore, the Project intended to establish goals and policies to improve public health risks and environmental concerns for the City's environmental justice communities, which would indirectly improve the surrounding environmental conditions. Therefore, impacts would be less than significant. As part of the environmental review for associated future projects, the potential for cumulative impacts associated with a specific project associated with the implementation of the EJ Element would be assessed on a project -by -project basis.

Future infrastructure and development projects would be subject to a separate as well as an appropriate environmental review pursuant to CEQA.

Mitigation Measures: No mitigation measures are required. c. Does the project have environmental
effects which will cause substantial
adverse effects on human beings, either
directly or indirectly?
Less Than
Significant
Potentially with Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
x
Less Than Significant Impact. As identified throughout the analysis, the EJ Element would have no significant impacts that would cause substantial adverse effects on human beings directly or indirectly.

Rather, implementation of the Project, which is a policy -level document, is intended to improve the environmental health and safety for disadvantaged communities in the City of Bell Gardens as defined by OPR. Impacts would be less than significant.

Mitigation Measures: No mitigation measures are required.

Impact Sciences, Inc.
1468.001
Exhibit 4
124 Bell Gardens Environmental Justice Element IS/ND
April 2024
310

IV. REFERENCES
CAL FIRE, Los Angeles County -State Responsibility Area Fire Hazard Severity Zones, September 29, 2023. Available online at: https://osfm.fire.ca.gov/media/svjjf2kl/fhsz county sra 11x17 2022 los angeles 3.pdf, accessed November 1, 2023.

California Department of Conservation, "Mines Online." Available online at:
https://ma Ds.conservation.ca.gov/mol/index.html. Accessed on December 6, 2023.

California Department of Conservation, California Geologic Survey, Earthquake Zones of Required Investigation. Available online at: htt-Ds://maps.conservation.ca.gov/cgs/EOZA D/a D/, South Gate Quad, or https://filerecuest.conservation.ca.gov/?c=SOUTH GATE EZRIM.pdf, accessed August 30, 2023.

California Department of Conservation, "California Important Farmland Finder," Available online at:
https://mas.conservation.ca.gov/d1rc/ciff/ , accessed April 3, 2024.

California Department of Conservation, "State of California Williamson Act Contract Land." Available online at: https://maps.conservation.ca.gov/dlr D/WilliamsonAct/, accessed on. April 8, 2024.

California Department of Conservation, "Williamson. Act Program." Available online at:
https://www.conservation.ca.gov/dlrc/lca , accessed on April 8, 2024.

California Department of Finance, "E-5 Population and Housing Estimates for Cities, Counties, and the State, 2020-2023 with 2020 Census Benchmark." Available online at:
https://www.dof.ca.gov/Forecasting/Demographics/Estimates/e-5/ , accessed April 8, 2024.

California Department of Fish and Wildlife, "NCCP Plan. Summaries." Available online at:
https://wildlife.ca.gov/conservation/clanning/nccp/clans , accessed January 10, 2024.

California Department of Fish and Wildlife, "California Forests and Timberlands." Available online at:
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=109919 , accessed April 3, 2024.

California Department of Forestry and Fire Protection (CAL FIRE), "Fire Hazard Severity Zone Viewer." Available online at: https://egis.fire.ca.gov/FHSZ/ , accessed on January 17, 2023.

California Department of Resources Recycling and Recovery (CalRecycle), "Jurisdiction Disposal by Facility: Bell Gardens 2019." Available online at:
https://www2.calrecycle.ca.gov/LGCentral/DisposalRe Dorting/Destination/Dis DosalByFacility, accessed May 2, 2023.

California Department of Resources Recycling and Recovery (CalRecycle), "SWIS Facility/Site Activity Details El Sobrante Landfill." Available online at:
https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/2280?siteID=2402 , accessed April 3, 2024.

Impact Sciences, Inc.
1468.001
Exhibit 4
125
311
Bell Gardens Environmental Justice Element IS/ND
April 2024

IV. References
California Department of Resources Recycling and Recovery (CalRecycle), "Jurisdiction Disposal by Facility: Bell Gardens 2019." Available online at:
https://www2.calrecycle.ca.gov/LGCentral/DisposalRe-Dorting/Destination/DisosalByFacility , accessed May 2, 2023.

California Department of Resources Recycling and Recovery (CalRecycle), "SWIS Facility/Site Search." Available online at: https://www2.calrecycle.ca.gov/SolidWaste/Site/Search , accessed May 2, 2023.

California Department of Transportation, "List of Eligible and Designated Scenic Highways." Available online at: https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community- livability/lap-liv-i-scenic-highways, accessed April 5, 2024.

California Department of Transportation, "State Scenic Highway Map." Available online at:
https://caltrans.maps.arcgis.com/apps/webappviewer/index.htmi?id=465dfd3d807c46cc8e8057116 flaacaa, accessed April 5, 2024.

California Legislative Information, Fish and Game Code. Available online at:
https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=FGC&tocTitle=+Fish+a nd+Game+Code+-+FGC, accessed April 4, 2024.

California Public Resources Code, Section 12220(g).

City of Bell Gardens, "Contracts (Monitoring and Administration)." Available online at:
https://www.bellgardens.org/government/city-de partments/public-works/contract- services#:-:text=The%20residential%20waste%20management%20services,agreement%20with%2 0AthensT020Seryices%2C%20Inc. accessed April 3, 2024.

City of Bell Gardens, 2021-2029 Housing Element, February 14, 2022. Available online at:
https://www.bellgardens.org/home/showpublisheddocument/5633/637951304163200000 , accessed on January 3, 2024.

City of Bell Gardens, Bell Gardens General Plan, 2010. Available online at:
https://www.bellgardens.org/government/city-departments/community- develomment/clanning/general- plan, accessed January 10, 2024.

City of Bell Gardens, General Plan Conservation Element, 2010. Available online at:
https://www.bellgardens.org/home/showpublisheddocument/5721/637976183381030000 , accessed.

January 10, 2024.

City of Bell Gardens, Safety Element, July 27, 1995. Available online at:
https://www.bellgardens.org/home/showpublisheddocument/5723/637976183394330000 , accessed January 2, 2024.

County of Los Angeles, Department of Regional Planning, County of Los Angeles General Plan 2035, "Significant Ecological Areas and Coastal Resource Areas Policy Map." Available online at:
htt Ds:// olanning.lacounty.gov/w-content/uloads/2022/11/9.1 Cha Dter9 Figures.df, accessed April 3, 2024.

Impact Sciences, Inc.
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Exhibit 4
126
312
Bell Gardens Environmental Justice Element IS/ND
April 2024

IV. References
County of Los Angeles, Los Angeles County Operational Area Emergency Response Plan, p. 2, 2023. Available online at: https://ceo.lacounty.gov/wp-content/u Dloads/2023/11/County-of-Los-Angeles-OAEOP- 2023-Final-for-Website.?df, accessed April 4, 2023.

County of Los Angeles, Los Angeles County Operational Area Emergency Response Plan. 2019. Available online at: https://ceo.lacounty.gov/wp-content/uploads/2019/12/OAERP-A Droved -Ado Dted- Version-6-19-2012. Ddf, accessed September 21, 2023.

Federal Emergency Management Agency (FEMA), "FEMA's National Flood Hazard Layer (NFHL) Viewer," Available online at: htt?s://hazards-
fema.mas.arcgis.com/a Ds/weba viewer/index.html?id=8b0adb51996444d4879338b5529aa9cd, accessed April 8, 2024.

Federal Emergency Management Agency, Flood Map Services Center. Available online at:
https://msc.fema.gov/portal/search?AddressQuery=bell%20gardens%2C%20ca , accessed on April 8, 2024.

Los Angeles County Public Works, "Los Angeles County Storm Drain System." Available online at:
https://pw.lacounty.gov/fcd/StormDrain/index.cfm , accessed May 2, 2023.

OEHHA and CalEPA. CalEnviroScreen 4.0. 2021. Available online at:
https://experience.arcgis.com/experience/ed5953d89038431dbf4f22ab9abfe40d/ , accessed December 16, 2022.

Office of Planning and Research, General Plan Guidelines Environmental Justice Element, June 2020.

Available online at: htt Ds://o Dr.ca.gov/does/20200706-GPG Cha Dter 4 E Ddf, accessed April 3, 2024.

National Inventory of Dams, Sepulveda Dam. Available online at:
https://nid.sec.usace.army.mil/viewer/index.html?dsLibrary=NID-CA10025&x=- 118.447&y=34.087&z=10, accessed on April 8, 2024.
1 National Inventory of Dams, Hansen Dam. Available online at:
https://nid.sec.usace.army.mil/viewer/index.html?dsLibrary=NID-CA10019&x=- 118.387&y=34.261&z=11, accessed on April 8, 2024.

SCAG, Local Housing Data, 2021. Available online at: https://scag.ca.gov/sites/main/files/file- attachments/bell-gardens-he-
0421. Ddf?1620801178#:-:text=Be11%20Gardens's%20housing%20stock%20consists,%2D2018%205% 2Dyear%20estimates, accessed April 4, 2024.

SCAQMD, Air Quality Sensor Performance Evaluation Center - About South Coast AQMD. Available online at: https://www.acmd.gov/ac-spec/aboutscacmd , accessed. April 3, 2024.

SCAQMD, South Coast AQMD Air Quality Significance Thresholds, 2023. Available online at:
https://www.ac md.gov/does/default-source/cec a/handbook/south-coast-acmd-air-cuality- significance-thresholds.Ddf?sfvrsn=25, accessed April 3, 2024.

Impact Sciences, Inc.
1468.001
Exhibit 4
127
313
Bell Gardens Environmental Justice Element IS/ND
April 2024

IV. References
SCAQMD. Rule 402: Nuisance, adopted May 7, 1976. Available online at:
http://www.acmd.gov/docs/default-source/rule-book/rule-iv/rule-402 . pdf. Accessed. April 8, 2024.

Southern California Association of Governments (SCAG), General Plan Land Use in City of Bell Gardens, 2019 (p. 23). Available online at: htt ps://scag.ca.gov/sites/main/files/file- attachments/bellgardens. pdf?1604793107, accessed April 3, 2024.

Southern California Edison, "Southern California Edison's Service Area," Available online at:
https://download.newsroom.edison.com/create memory file/?f id=5cc32d492cfac24d21aecf4c&c ontent verified=True, accessed December 5, 2023.

Southern. California Gas Company, "List of Cities and Communities Served," Available online at:
https://tariff.socalgas.com/regulatory/tariffs/tm2/Ddf/CITIES.Ddf ? ga=2.260165455.312924021.1639 588899-1879876423.1636571672, accessed December 5, 2023.

Tully and Young, Inc. & Zanjero, Bell -Bell Gardens Service Area 2020 Urban Water Management Plan.

Available online at: htt Ds:// www.gswater.com/sites/main/files/file-attachments/bell- bell gardens 2020 uwm 0.pdf?1624993808, accessed May 2, 2023.

U.S. Fish and Wildlife Service, "National Wetlands Inventory." Available online at:
htt ps://fws primary.wim.usgs.gov/wetlands/a Js/wetlands-map?er/, accessed April 8, 2024.

U.S. Census Bureau, "Bell Gardens City." Available online at:
https://www.census.gov/cuickfacts/fact/table/bellgardenscitycalifornia/PST045222 , accessed on April 3, 2024.

Impact Sciences, Inc.
1468.001
Exhibit 4
128
314
Bell Gardens Environmental Justice Element IS/ND
April 2024

V. INITIAL STUDY PREPARERS
Persons directly involved in the review and preparation of this study include:

5.1 CITY OF BELL GARDENS (LEAD AGENCY)
7100 Garfield Avenue
Bell Gardens, California 90201
Steven. Jones, City Planner
Mona Mossayeb, Associate Planner
Adrian Flores, Associate Planner

5.2 PLANNING AND ENVIRONMENTAL CONSULTANT
Impact Sciences, Inc.
811 W. 7th Street, Suite 200
Los Angeles, California 90017
Jessica Kirchner, AICP, Managing Principal
Brett Pomeroy, Associate Principal
Margaret Lin, Senior Project Manager
Eleni Getachew, ENV SP, Planner
Annalie Sarrieddine, Planner
Kara Yates Hines, Publications Manager

5.3 PUBLIC ENGAGEMENT AND OUTREACH CONSULTANT
Los Angeles Neighborhood Initiative
800 Figueroa Street, Suite 670
Los Angeles, California 90017
Anna Apostolos, Director of Neighborhood Improvement Projects Moises Gomez, BID Program Manager
Impact Sciences, Inc.
1468.001
Exhibit 4
129
315
Bell Gardens Environmental Justice Element IS/ND
April 2024

APPENDIX A
Environmental Justice Element
Exhibit 4 316

City of Bell Gardens
Environmental Justice Element
can be found in the following link:
https://www.bellgardens.org/home/showpublisheddocument/7816 Exhibit 4 317

APPENDIX B
CalEnviroScreen Data
Exhibit 4 318

CalEnviroScreen 4.0: City of Bell Gardens
Total
Population
California
County
Los Angete:

Los Angeles
Los Angete:

Los Angeles
Los Angete:

Los Angeles
Los Angete:

Approximate
Location
Longitude
Latitude
90201 Belt Gardens -118.1611 33.9596
90201 Bell Gardens -118.1673 33.95804
90201 Belt Gardens -118.1658 33.97184
90201 Bell Gardens -118.1537 33.96744
90201 Belt Gardens -118.1555 33.97401
90201 Bell Gardens -118.1469 33.96793
90201 Belt Gardens -118.14 33.96748
CES 4.0 CES 4.0 CES 4.0 Percentile Range
Score Percentile

73.82 99.56

72.69 99.43

71.90 99.34

66.73 98.36

63.32 97.23

62.81 97.02

60.67 96.13

54.34 91.97

43.13 79.70
95-100% (highest scores)
95-100% (highest scores)
95-100% (highest scores)
95-100% (highest scores)
95-100% (highest scores)
95-100% (highest scores)
95-100% (highest scores)
90-95%
75-80%
Ozone

0.046

0.046

0.047

0.046

0.047

0.047

0.047

0.047

0.047
OEHHA and CaLEPA. 2021. CalEnviroScreen 4.0. Available online at: https://experience.arcgis.com/experience/ed5953d89038431dbf4f22ab9abfe40d/ , accessed December 16, 2022.

Exhibit 4
319

Ozone
Pctl

46.99 46.99

50.54 46.99

50.54 50.54

50.54 50.54

50.54 PM2.5

12.02968

12.02968

12.02588

12.08187

12.02588

12.00081

12.00081

12.13854

12.18882
PM2.5 Pctl

79.99 79.99

79.78 83.20

79.78 78.23

78.23 86.61

88.09 Diesel PM

0.152

0.884

0.318

0.142

0.894

0.256

0.365

0.169

0.209
Diesel PM
Pctl

51.72 97.41

78.25 49.20

97.51 70.94

82.36 56.12

63.72 Drinking
Water
514.12
514.70
462.73
465.50
Drinking
Water Pctl

61.90 61.90

62.27 61.90

61.83 61.82

61.91 55.65

55.90 Lead

83.88 86.03

91.70 76.76

90.86 80.25

89.27 89.35

86.94 Lead Pctl

92.51 94.08

97.92 86.31

97.39 89.51

96.18 96.21

94.66 Pesticides

15.65 7.89

31.25 2.25

25.17 25.97

20.53 1.41

0.00 Pesticides
Pctl

63.69 58.34

69.34 48.45

67.59 67.76

66.10 Tox.

Release
5064.103
5507.243
4410.2
5173.513
4409.633
4385.8
4151.783

44.90 4180.83

0.00 4019.177
Exhibit 4 320

Tox.

Release
Pctl

92.55 93.32

90.92 92.74

90.90 90.82

90.00 90.09

89.35 Traffic
755.4453
3172.787
1025.609
925.9154
3653.601
846.9771
781.72
761.9842
609.3405
Traffic
Pctl

40.89 96.60

59.61 53.40

98.08 47.58

42.86 41.40

29.15 Cleanup
Sites

5.3 23.7

14.2 15.15

20.35 9.4

26.4 31.4

44.95 Cleanup
Sites Pctl

43.24 85.05

73.55 75.05

82.23 59.31

87.08 89.34

94.81 Groundwa
ter
Threats

0.6 15
6 22.5
Groundwa
ter
Threats
Pctl

56.13 77.47

49.83 54.52

59.60 3.30

59.60 35.02

71.69 Haz.

Waste

2.67 4.235

1.375

3.275

1.11 0.36

0.85 0.1

0.085
Haz.

Waste
Pctl

95.13 97.30

89.45 96.61

86.60 57.46

82.54 16.64

11.08 Imp.

Water
Bodies
10 10
7 10
7 10
7 10
7 Imp.

Water
Bodies
Pctl

82.97 82.97

66.74 82.97

66.74 82.97

66.74 82.97

66.74 Solid
Waste

3.2 1.95

0.5 4.4

0.2 2.2

0.5 2.4

5.1 Exhibit 4 321

Solid
Waste
Pctl

22.08 22.08
Pollution
Burden

66.98 78.21

69.16 68.88

73.96 63.63

68.55 62.12

60.63 Pollution
Burden
Pctl

96.99 99.89

98.05 97.90

99.39 94.75

97.75 93.38

91.72 Asthma

54.25 54.25

54.25 54.25

52.71 47.15

46.84 49.52

36.38 Asthma
Pctl

62.08 62.08

62.08 62.08

59.90 52.38

51.78 55.87

35.43 Low Birth
Weight

6.21 5.02

5.08 4.63

2.87 6.65

4.12 3.04
ow Birth
Weight
Pctl

79.19 52.85

54.62 7.78

85.77 29.46

9.70 6.07
Cardiovas
cular
Disease

23.93 23.93

23.93 23.93

23.15 20.35

20.19 21.54

15.43 Cardiovas
cutar
Disease
Pctl

96.68 96.68

96.68 96.68

95.45 88.47

87.96 Education

53.5 48.4

51.4 52.8
46 46.4

48.4 54.4

47.2 Education
Pctl

97.84 95.67

97.22 97.54

94.25 94.47

95.67 98.11

94.84 Exhibit 4 322

Linguistic
Isolation
Linguistic
Isolation
Pctl
Poverty
Poverty
Pctl
Unemploy
ment
Unemploy
ment Pctl
Housing
Burden
Housing
Burden
Pctl
Pop. Char.

20.7 87.51 80.1 99.48 11.8 91.79 36.3 97.03 87.02

22.7 89.93 61.9 92.94 2.7 13.18 29.3 89.38 73.38

29.5 95.44 61.5 92.68 11.5 91.12 28.9 88.66 82.07
33 96.86 62.6 93.39 6.4 61.53 25.3 81.04 76.49

11.7 67.72 56.1 88.32 9.3 83.22 22 70.53 67.59

73.37 58.8

78.05 59.1

90.74 5.5

91.04 6.1

51.26 30.9 91.90 77.94

58.36 32.3 93.59 69.87
29 95.18 54.5 86.62 6.8 65.63 25.6 81.84 69.07
16 79.37 48.4 80.11 5.2 46.99 23.7 76.35 56.17
v
■
Pop. Char.

Pctl

97.87 84.35

94.58 88.63

76.73 90.23

79.93 79.01

59.85 Exhibit 4 323

APPENDIX C
Community Engagement Report
Exhibit 4 324

Bell Gardens Environmental Justice Community Outreach Summary To understands the needs and priority of the Bell Gardens community, the Project Team, working closely with the City of Bell Gardens, developed a plan to engage with residents and existing community groups, to engage with local businesses and to plan for equitable outcomes to serve the citizens of Bell Gardens.

The Project Team conducted a variety of outreach methods including online surveys, a series of community meetings as well as pop up events and one to one conversations. Links to the survey were available on Facebook, Twitter, Instagram and the City Website. Tablets and hard copies were available at all in -person events and surveys could also be submitted at City Hall.

All materials were offered in Spanish and in English.

Seeking Community Input on
Environmental Justice
pinion de la comueided
a ambiental
Seeking Community Input on
Environmental Justice
Te e Oflhl
In an effort to increase exposure, Project Team members manned booths at established community events:
• July 20, 2023 Movie in the Park — Veterans Park
• July 27, 2023 Music in the Park — Veterans Park
• August 3, 2023 Movie in the Park —Veterans
Additionally, email blasts were sent to key Stakeholders and Community Based Organizations urging them to fill out a survey and share the link with their members.

During the 4 months the survey was available 101 responses were collected. The survey required 30 minutes to complete and was very detailed and thought provoking. Results revealed a number of stakeholder priorities and concerns.
• Air quality concerns focused on traffic pollution, industrial pollutants, and pesticides. • Internal air pollution concerns were primarily centered on mold and then ventilation. • Water contamination by old pipes, and pollution in rivers was marked off by over 70% of respondents.
• The largest community issues were centered on homelessness and crime; • And yet residents gave 3.8 stars to feeling safe within their own neighborhoods. • Parking, housing availability and stability and climate change are major issues for residents.

Exhibit 4 325

• Social Media was the method of choice for receiving information from City Hall. • When asked to list the top 5 areas of the Environmental Justice plan survey takers were most interested in having addressed:
o Air Pollution
o Housing
o Access to Healthy Food
o Public Safety
o Public Infrastructure
And finally, the top goals Bell Gardens citizen would task the EJ Plan to explore would be minimizing the communities exposure to pollution, provide improved public facilities as well as better access to housing.

Attachments:

Survey
Summary Results
Email Example
Stakeholders List
Exhibit 4 326

City of Bell Gardens Environmental Justice Element Survey Climate Change
Environmental Justice aims to minimize the adverse effects of environmental hazards in order to create a healthy environment for all people, especially those groups, populations, and communities who had been impacted by pollution.

The purpose of the Environmental Justice Element is to reduce burdens for communities experiencing adverse effects, promote meaningful participation of those communities in all phases of the environmental and land use decision making process, and providing meaningful consideration of recommendations from populations and communities most impacted by pollution into environmental and land use decisions.

1. Do you live or work in the City of Bell Gardens?
❑ Live
❑ Work
❑ Both
❑ Neither
Air Pollution

2. How concerned are you regarding the following external air pollution issues? (on a scale of 1-5, 1 being not concerned and 5 being strongly concerned) Pesticides 1 2 3 4 5
Dust 1 2 3 4 5
Traffic 1 2 3 4 5
Second hand smoke 1 2 3 4 5
Factories/industrial operation emissions 1 2 3 4 5
Trash/agricultural burning 1 2 3 4 5
Airport traffic 1 2 3 4 5
Other (please specify)

3. How concerned are you regarding the following internal air pollution issues (on a scale of 1-5, 1 being not concerned and 5 being strongly concerned)
Dust 1 2 3 4 5
Second hand smoke 1 2 3 4 5
Ventilation 1 2 3 4 5
Mold 1 2 3 4 5
Household chemicals 1 2 3 4 5
Other (please specify)
Exhibit 4 327

Water Pollution

4. How concerned are you regarding the following water pollution issues? (on a scale of 1-5, 1 being not concerned and 5 being strongly concerned)
Availability of clean water 1 2 3 4 5
Contaminated water 1 2 3 4 5
Pollution in streams/rivers 1 2 3 4 5
Old/damaged pipes 1 2 3 4 5
Other (please specify)
Community Issues

5. How concerned are you regarding the following community issues? (on a scale of 1-5, 1 being not concerned and 5 being strongly concerned)
Illegal dumping/trash 1 2 3 4 5
Graffiti 1 2 3 4 5
Loud noise 1 2 3 4 5
Smell (agricultural/industrial facilities) 1 2 3 4 5
Vacant/blighted properties 1 2 3 4 5
Invasive species (i.e., weeds, animals, bugs, etc.) 1 2 3 4 5 Crime 1 2 3 4 5
Homelessness 1 2 3 4 5
Other (please specify)
Public Facilities/Services

6. How do you feel about the following public facilities/services in the City? (on a scale of 1-5, 1 being facilities/services are not available or are poor 5 being facilities/services are available and are good) Parks/Open Space/Community Center/Gardens 1 2 3 4 5
Grocery Stores 1 2 3 4 5
Healthcare & Day Care Facilities 1 2 3 4 5
Libraries 1 2 3 4 5
Sidewalks/Crosswalks/Bike Routes/Public Transit 1 2 3 4 5 Emergency Shelters/Cooling Stations 1 2 3 4 5
Other (please specify)
Housing

7. How safe is your Bell Gardens neighborhood? (Circle one) Very unsafe Unsafe Neutral Safe Very safe N/A

8. How well -maintained are the homes in your neighborhood? (Circle one) Not well maintained Minimally maintained Maintained Well maintained Very well maintained 2 Exhibit 4 328

9. What types of improvements would you like to see in your neighborhood? Please rank your concerns about housing (on a scale of 1-5, 1 being not worried and 5 being very worried) Cost/Affordability 1 2 3 4 5
Discrimination/ Unfair housing practices 1 2 3 4 5
Accessibility/Reliability of Utilities 1 2 3 4 5
Maintenance 1 2 3 4 5
Overcrowding 1 2 3 4 5
Stability/Relocation 1 2 3 4 5
Parking Availability 1 2 3 4 5
Other/None (please specify)

10. Have you been affected by Climate Change? (on a scale of 1-5, 1 being not affected and 5 being strongly affected)
Extreme heat
Flooding
Poor air quality
Insufficient food
Lack of shelter
Poor health
Increased cost of water
Increased cost of energy
Civic Engagement
1 2 3 4 5
1 2 3 4 5
1 2 3 4 5
1 2 3 4 5
1 2 3 4 5
1 2 3 4 5
1 2 3 4 5
1 2 3 4 5

11. How often do you participate in City Council or Commission meetings? ❑ Always (I attend every meeting)
❑ Usually (6-12 times a year)
❑ Sometimes (3-5 times a year)
❑ Rarely (1-2 times a year)
❑ Never

12. If you don't always participate in council or commission meetings, what are the barriers to attending? (Check all that apply)
❑ Inconvenient meeting times
❑ Inconvenient meeting locations
❑ Lack of childcare
❑ Language barriers
❑ Lack of transportation
❑ Lack of computer/internet access
Exhibit 4 329

13. How do you obtain information from the City? (Check all that apply) ❑ None of the above
❑ Flyers/Brochures
❑ City's website
❑ Social media
❑ Word of mouth
❑ City's SMS Broadcast Service
❑ Newspaper media/publications

14. Do you feel like your interests and concerns are being heard? (Circle one) Not heard Minimally heard Neutral
Environmental Justice Element

15. What Environmental Justice areas are you concerned with: (rank the following 1-12) Air pollution from vehicles & industrial uses
Access to healthy Food/grocery stores
Housing access, affordability & stability (including housing maintenance) Civic Engagement
Public infrastructure, facilities and transportation
Public safety and public services
Civic engagement
Public infrastructure and facilities
Transportation
Public safety
Public services
Housing quality/maintenance
Heard Well Heard

16. What are your goals for the Environmental Justice Element? (rank the following 1-5) Minimize the community's exposure to environmental pollution.

Provide improved/greater public facilities and services to the community.

Provide better access to affordable, reliable, and safe public transportation.

Provide better access to affordable, safe, and sanitary housing.

Provide residents with more opportunities to be informed and engaged.

Demographic Information

17. What is your age group?
❑ 17 and under
❑ 18-25
❑ 26-30
❑ 31-35
❑ 36-40
❑ 41-45
❑ 46-50
❑ 51-55
❑ 56-60
❑ 61 and older
Exhibit 4 330

18. What is your highest educational level?
❑ No Schooling
❑ Elementary School
❑ Middle School
❑ High School

19. Which race/ethnicity best describes you?
❑ Some College
❑ Bachelors
❑ Masters
❑ Doctorate
❑ Hispanic/Latino ❑ Native American
❑ African -American ❑ White
❑ Asian ❑ Decline to state
❑ Middle Eastern
Other (please specify)

20. What is your yearly household/family income?
❑ Under $15,000
❑ $15,001 - $20,000
❑ $20,001 - $30,000
❑ $30,001 - $45,000
❑ $45,001 - $55,000

21. Do you own or rent your home?
❑ Own ❑ Rent

22. How many people live in your home?
0 ❑ 2-3
❑ 4-5
❑ More than 5
❑ $55,001- $60,000
❑ $60,001 - $65,000
❑ $65,001+

23. Does your household/family include any of the following:
❑ Children (under the age of 10)
❑ Teenagers (11-18 years old)
❑ Seniors (older than 65)
❑ Person with chronic health concerns (asthma, diabetes, high blood pressure, heart disease, etc.) ❑ Disabled family member?
❑ None of the above
Are there any additional topics or comments that you would like to add? Exhibit 4 331

Would you like to be contacted in the future regarding updates regarding the environmental justice plan? Please provide a name, cell phone number, or e-mail address.

Name
Cell phone number
E-mail
Exhibit 4 332

From:

To:

Bcc:

Subject:

Date:

Attachments:

Moises Gomez
sencollcna hotmail.com
Mona Mossayeb
Fw: Oty of Bell Gardens Environmental Justice Survey
Monday, August 21, 2023 4:48:00 PM
Unified Outreach Flver.pdf
Hello, Steven Senemar,
My name is Moises Gomez from the Los Angeles Neighborhood Inotiative, and I am serving as the community outreach lead for the City of Bell Gardens Environmental Justice Element community outreach efforts.

We are asking community stakeholders to disseminate a link to the city's environmental justice online survey to gather information regarding the updating of the city's environmental justice element.

The survey, which is available in English and Spanish, will allow us to learn about the concerns that residents, stakeholder organizations, and local businesses have when it comes to their potential exposure to sources of pollution that may be affecting them.

To take the survey please use the following link: https://bit.tly/BellGardensEJ Please note that the survey collection period will end on Friday, September 15, 2023.

I have also attached a copy of the PDF flyer for your use.

If residents feel unable to fill out the online survey, they can fill out a paper survey and drop it into a collection box located at the City's Community Development Office.

Thank you for your assistance in helping collect the views and opinions of stakeholders of the City of Bell Gardens. If you have any questions or need any additional information, please do not hesitate to reach out to me.

Sincerely,
Moises Gomez
Program Manager
LosAngelesNeighborhood Initiative
800 Figueroa a., Ste. 670
LosAngeles, CA 90017
(213) 627-1822 x18
(323) 200-9132 mobile
(213) 627-1821 fax
moise ani.org
http:// b Ig b id .org
Exhibit 4 333

City of Bell Gardens Environmental Justice Element Survey Q1 Do you live or work in the City of Bell Gardens?
Answered: 101 Skipped: 0
Live
Work
Both
Neither

ANSWER CHOICES
Live
Work
Both
Neither
TOTAL
I
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

RESPONSES

65.35%

15.84%

11.88%

6.93%
66 16
12 7
101
Exhibit 4 1 /334
41 City of Bell Gardens Environmental Justice Element Survey Q2 How concerned are you regarding the following external air pollution issues? (on a scale of 1-5, 1 being not concerned and 5 being strongly concerned)
Answweredt 101 Skipped: 0
Factories/indus
trial operas...

Traffic
Pesticides
Exhibit 4 2 % 335

City of Bell Gardens Environmental Justice Element Survey Dust
� � � n it l �u u u u u u u iiuiuiuiuiuiuiuiu
Trash/agricultu
rat burning
I n 111 �II� 1.II I 111I!1I 11II!1I 111I!1I 11II!1I 11II!1I II I Second hand
smoke
Airport traffic
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
11 4
Exhibit 4 3 % 336

City of Bell Gardens Environmental Justice Element Survey 1 4

TOTAL WEIGHTED AVERAGE
Factories/industrial operation emissions
Traffic
Pesticides
Dust
Trash/agricultural burning

6.32% 9.47% 10,53% 13.68% 60.00%
6 9 10 13 57

7.14% 9.18% 8.16% 18.37% 57.14%
7 9
8 18 56

10.20% 13.27% 15.31% 16.33% 44.90%
10 13 15 16 44

8.08% 11.11% 23.23% 21.21% 36.36%
8 11 23 21 36

10.53% 15,79% 21.05% 13,68% 38.95%
10 15 20 13 37
95 98
98 99
95 4.12

4.09 3.72

3.67 3.55
Second hand smoke
Airport traffic

11.22% 22.45% 17.35% 11.22% 37.76%
11 22
17 11
37 21.98% 18.68% 17.58% 13.19% 28.57%
20 17
16 12 26
98 91

3.42 3.08
Exhibit 4 4 / 337

City of Bell Gardens Environmental Justice Element Survey Q3 How concerned are you regarding the following internal air pollution issues (on a scale of 1-5, 1 being not concerned and 5 being strongly concerned)
Answered: 1.01 Skipped: 0
Mold
Ventilation
Dust
Hniisehnl rl
Exhibit 4 5 % 338

City of Bell Gardens Environmental Justice Element Survey Mold
Ventilation
Second hand
smoke
0% 10% 20% 300/o 40% 50% 60% 70% 80% 90% 100%

7.22%
7 7.22%
7 2

11.34%
11 9.28%
9 15.46%
15 19.59%
19 14.43%
14 22.68%
22 4

51.55%
50 41.24%
40 TOTAL I i AVERAGE
97 97

3.92 3.81
Dust
Household chemicals
Second hand smoke

13.13% 12.12% 18.18% 17.17% 39.39%
13 12.50%
12 15.00%
15 12

15.63%
15 16.00%
16 18

13.54%
13 19.00%
19 17

20.83%
20 11.00%
11 39

37.50%
36 39.00%
39 99
96 100

3.58 3.55

3.43 Exhibit 4 6 % 339

City of Bell Gardens Environmental Justice Element Survey Q4 How concerned are you regarding the following water pollution issues? (on a scale of 1-5, 1 being not concerned and 5 being strongly concerned) Answered: 101 Skipped: 0
Otd/damaged
pipes
Contaminated
water
11111111111111
Pollution in
streams/rivers
Availability
of clean water
Exhibit 4 7 340

City of Bell Gardens Environmental Justice Element Survey 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Old/damaged pipes
Contaminated water
Pollution in streams/rivers

4.12%
4 4.08%
4 4.12%
4 2

6.19%
6 6.12%
6 7.22%
7 10.31%
10 13.27%
13 16.49%
16 4
3 13.40%
13 12.24%
12 9.28%
9 5
z 4

65.98%
64 64.29%
63 62.89%
61 TOTAL IGHTE v E
97 98
97 4.31

4.27 4.20
Availability of clean water

7.14% 9.18% 10.20% 12.24% 61.22%
7 9
10 12
60 98

4.11 Exhibit 4 8 41

City of Bell Gardens Environmental Justice Element Survey Q5 How concerned are you regarding the following community issues? (on a scale of 1-5, 1 being not concerned and 5 being strongly concerned) Answered: 101 Skipped:0
Homelessness
Crime
Illegal
dumping/trash
Graffiti
Exhibit 4 9 342

City of Bell Gardens Environmental Justice Element Survey Sme
(agricultura.

Vacant/blighted
properties
Invasive
species (i.e...

Loud noise
Exhibit 4 10343
/ 41

City of Bell Gardens Environmental Justice Element Survey 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Homelessness
2 4

7.37% 6.32% 7.37% 15.79% 63.16%
7 6
7 15 60
95 t�lEIGHTE
AlIERAGE

4.21 Crime
Illegal dumping/trash
Graffiti
Smell (agricultural/industrial facilities)
Vacant/blighted properties
Invasive species (Le., weeds, animals, bugs,
etc.)
Loud noise

6.19% 5.15% 10.31% 19.59% 58.76%
6 5 10 19 57

9.18% 12.24% 8.16% 19.39% 51.02%
9 12
8 19 50

8.33% 7.29% 19.79% 20.83% 43.75%
8 7 19 20 42

4.12% 12.37% 29.90% 15.46% 38.14%
4 12 29 15 37

9.38% 18.75% 22.92% 9,38% 39.58%
9 18 22
9 38

11.58% 10.53% 26.32% 18.95% 32.63%
11 10 25 18 31

11.34% 17.53% 26.80% 16.49% 27.84%
11 17 26 16 27
97 98
96 97
96 95
97 4.20

3.91 3.84

3.71 3.51

3.51 3.32
Exhibit 4 / 344
11 41

City of Bell Gardens Environmental Justice Element Survey Q6 How do you feel about the following public facilities/services in the City? (on a scale of 1-5, 1 being facilities/services are not available or are poor 5 being facilities/services are available and are good) Ansvvered:1.00 Skipped:1
Parks/Open
Space/Commun...

Grocery Stores
Healthcare &
Day Care...

Ciriolnial Lc /nrncc
Exhibit 4 12345
/ 41

City of Bell Gardens Environmental Justice Element Survey walks/Bike...

Libraries
Emergency
Shelters/Coo...
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
1111 11111 11111 11111 11
2 4
Exhibit 4 346
/
13 41

City of Bell Gardens Environmental Justice Element Survey

WEIGHTED

AVERAGE
Parks/Open Space/Community Center/Gardens
(including greenspaces/shade trees/landscaping)
Grocery Stores

13.00% 9.00% 25.00% 26.00% 27.00%
13 9 25 26 27

10.42% 13.54% 30.21% 18,75% 27.08%
10 13 29 18 26
100
96 3A5

3.39 Healthcare & Day Care Facilities
Sidewalks/Crosswalks/Bike Routes/Public Transit
Libraries
Emergency Shelters/Cooling Stations

8.42% 16.84% 33.68% 21.05% 20.00%
8 16 32 20 19

16.67% 14.58% 25.00% 19.79% 23.96%
16 14 24 19 23

14.74% 20.00% 29.47% 14.74% 21.05%
14 19 28 14 20

21.28% 19.15% 19.15% 15.96% 24.47%
20 18 18 15 23
95 96
95 94

3.27 3.20

3.07 3.03
Exhibit 4 347
/
14 41

City of Bell Gardens Environmental Justice Element Survey Q7 How safe is your Bell Gardens neighborhood? (1 star being not safe and 5 stars being very safe)
Answered: 101 Sk pped: 0

3.2*
average rating

VERY UNSAFE UNSAFE

3.96% 12.87%
4 13
SAFE

32.67%
33 VERY SAFE

4.95%
5 NEUTRAL

39.60%
40 N/A TAL EIGHTED AVERAGE

5.94%
6 101

3.23 Exhibit 4 348
/
15 41

City of Bell Gardens Environmental Justice Element Survey Q8 How well maintained are the homes in your neighborhood? (1 star being not safe and 5 stars being very safe)
Answered: 101 Sk pped: 0

2.7*
average rating
1 ELL

AINTAINED

INIMALLY

AINTAINED

AINTAINED

VERY WELL

AINTAINED MAINTAINED

13.86% 25.74% 45.54% 8.91%
14 26 46 9

5.94%
6 101

EIGHTED
AVEFtAGE

2.67 Exhibit 4 349
/
16 41

City of Bell Gardens Environmental Justice Element Survey Q9 What types of improvements would you like to see in your neighborhood?
Answered: 66 Skopped: 35
Exhibit 4
17%41

City of Bell Gardens Environmental Justice Element Survey Q10 Please rank your concerns about housing (on a scale of 1-5, 1 being not worried and 5 being very worried)
Answered: 101 Skopped::0
Parking
Availability
Cost/Affordabil
ity
Maintenance
Overcrowding
Exhibit 4 18351
/ 41

City of Bell Gardens Environmental Justice Element Survey Stability/Reloc
ation
Accessibility/R
eliability o...

Discrimination/
Unfair housi...
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
4 Exhibit 4 9352
� 4 1 1

City of Bell Gardens Environmental Justice Element Survey 4 TOTAL EIGHTED AVERAGE
Parking Availability
Cost/Affordability
Maintenance
Overcrowding
Stability/Relocation

8.25% 8.25% 18.56% 12.37% 52.58%
8 8 18 12 51

9.38% 9.38% 14.58% 18.75% 47.92%
9 9 14 18 46

6.19% 7.22% 21.65% 26.80% 38.14%
6 7 21 26 37

8.42% 9.47% 24.21% 11.58% 46.32%
8 9 23 11 44

11.46% 8,33% 30.21% 16,67% 33.33%
11 8 29 16 32
97 96
97 95
96 3.93

3.86 3.84

3.78 3.52
Accessibility/Reliability of Utilities
Discrimination/ Unfair housing practices

11.34% 9.28% 31.96% 18.56% 28.87%
11 9 31 18 28

11.46% 16.67% 33.33% 10.42% 28.13%
11 16 32 10 27
97 96

3.44 3.27
Exhibit 4 353
/
20 41

City of Bell Gardens Environmental Justice Element Survey Q11 Have you been affected by Climate Change? (on a scale of 1-5, 1 being not affected and 5 being strongly affected)
Answered: 101 Skopped: 0
Increased cost
of energy
Extreme heat
Poor air
quality
Increased cost'!
of water
Exhibit 4 21354
/ 41

City of Bell Gardens Environmental Justice Element Survey Poor health
Lack of
shelter
Insufficient
food
Flooding
Exhibit 4 22355
/ 41

City of Bell Gardens Environmental Justice Element Survey 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Increased cost of energy
Extreme heat
Poor air quality
Increased cost of water

7.14%
7 9.90%
10 10.20%
10 16.16%
16 2

5.10%
5 10.89%
11 19.39%
19 13.86%
14 8.16% 27.55%
8 10.10%
10 27

25.25%
25 4

19.39%
19 22.77%
23 4

48.98%
48 42.57%
43 17.35% 36.73%
17 16.16%
16 36

32.32%
32 TOTAL EIGHTED AVERAGE
98 101
98 99

3.98 3.77

3.62 3.38
Poor health
Lack of shelter
Insufficient food
Flooding

29.90% 18.56% 20.62% 17.53% 13.40%
29 40.21%
39 35.05%
34 45.26%
43 18

8.25%
8 16.49%
16 20.00%
19 20

19.59%
19 29.90%
29 21.05%
20 17

16.49%
16 8.25%
8 6.32%
6 13

15.46%
15 10.31%
10 7.37%
7 97
97 97
95 2.66

2.59 2.42

2.11 Exhibit 4 356
/
23 41

City of Bell Gardens Environmental Justice Element Survey Q12 How often do you participate in City Council or Commission meetings?
Answered: 101 Skipped:0
Never
Rarely (1-2
times a year)
Sometimes (3-5
times a year)
Usually (6-12
times a year)
Always
attend every...
0%
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES
Never
Rarely (1-2 times a year)
Sometimes (3-5 times a year)
Usually (6-12 times a year)
Always (I attend every meeting)
TOTAL

RESPONSES

35.64%

22.77%

18.81%

12.87%

9.90%
36 23
19 13
10 101
Exhibit 4 24357
/ 41

City of Bell Gardens Environmental Justice Element Survey Q13 If you don't always participate in council or commission meetings, what are the barriers to attending? (Check all that apply) Answered: 101 Skipped: 0
Inconvenient
meeting times
Lack of
childcare
Lack of
computer/int...

Inconvenient
meeting...

Lack o
transportatio
Language
barriers
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES
Inconvenient meeting times
Lack of childcare
Lack of computer/internet access
Inconvenient meeting locations
Lack of transportation
Language barriers
Total Respondents: 101

RESPONSES

67.33%

15.84%

15.84%

10.89%

10.89%

5.94%
68 16
16 11
11 6
Exhibit 4 25358
/ 41

City of Bell Gardens Environmental Justice Element Survey Q14 How do you obtain information from the City? (Check all that apply) Answered: 101 Skipped: 0
Social media
City's website
Flyers/Brochure
s
Word of mouth
Newspaper
media/public..

City's SMS
Broadcast...

None of the
above
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES
Social media
City's website
Flyers/Brochures
Word of mouth
Newspaper media/publications
City's SMS Broadcast Service
None of the above
Total Respondents: 101

RESPONSES

67.33%

49.50%

45.54%

32.67%

18.81%

3.96%

2.97%
68 50
46 33
19 4
Exhibit 4 26359
/ 41

City of Bell Gardens Environmental Justice Element Survey Q15 Do you feel like your interests and concerns are being heard? (on a scale of 1 star -5 stars, 1 being not heard and 5 being heard) Answered: 101 Sk pped: 0

2.8 average rating

NOT HEARD

11.88%
12 Y HEARD UT AL

19.80% 48.51%
20 49

HEARD ELL HEARD TOTAL EIGHTED AVERAGE

14.85% 4.95%
15 5
101

2.81 Exhibit 4 360
/
27 41

City of Bell Gardens Environmental Justice Element Survey Q16 What Environmental Justice areas are you concerned with: (rank the following)
Answered: 101 Skipped: 0
Air pollution
from vehicle...

Housing
access,...

Access to
healthy...

Public safety
and public...

Public
infrastructu...

Civic
Engagement
null
null
null
null
null
null
0010
uuuuuouuuuuuuuuuuuuuuuuuuuuuuuuuuuuuumuuuuuuuuuuuuuu""!IIuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu ""! 0 2 4 6 8 10 12 14 16 18 20
Exhibit 4
361
28/41

City of Bell Gardens Environmental Justice Element Survey 4 7
2 Air pollution
from vehicles
& industrial
uses
Housing
access,
affordability &
stability
(including
housing
maintenance)
Access to
healthy
Food/grocery
stores

40.59% 21.78% 13.86% 7.92% 7.92% 7.92% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00 41 22 14
8 8
8 0
0 0
0 0

22.77% 17.82% 25.74% 14.85% 12.87% 5.94% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00 23 18 26 15 13
6 0 0 0 0 0

12.87% 18.81% 18.81% 20.79% 13.86% 14.85% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00 13 19 19 21 14 15 0 0 0 0 0
Public safety 12.87% 20.79% 16,83% 13.86% 6.93% 28.71% 0,00% 0.00% 0.00% 0.00% 0.00% 0.00 and public
services
Public
infrastructure,
facilities and
transportation
Civic
Engagement
13 21 17 14
7 29 0 0 0 0 0

7.92% 12.87% 15.84% 14.85% 30.69% 17.82% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00 8 13 16 15 31 18 0 0 0 0 0

2.97% 7.92% 8.91% 27.72% 27.72% 24.75% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00 3 8
9 28 28 25 0 0 0 0 0
null

0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0,00% 0.00% 0.00 0 0 0 0 0 0 0 0 0 0 0
null 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00 null
null
0 0
0 0
0 0 0 0 0 0 0

0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00 0 0
0 0
0 0 0 0 0 0 0

0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00 0 0
0 0
0 0 0 0 0 0 0
null
null

0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00 0 0
0 0
0 0 0 0 0 0 0

0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00 0 0
0 0
0 0 0 0 0 0 0
Exhibit 4 29362
/ 41

City of Bell Gardens Environmental Justice Element Survey Q17 What are your goals for the Environmental Justice Element? (rank the following)
Answered: 101 Skipped:: 0
Minimize the
community's...

Provide
improved/gre,..

Provide bette
access to..

Provide better
access to...

Provide
residents wi...
0 1 2
Minimize the community's exposure to environmental
pollution.
4 5 6 7 8 9 10
1 2 3 4 5 TOTAL SCORE

59.41% 21.78% 7.92% 1.98% 8.91%
60 22 8 2 9 101 4.21
Provide improved/greater public facilities and services to 9.90% 46.53% 23.76% 14.85% 4.95% the community. 10 47 24 15 5 101 3.42
Provide better access to affordable, safe, and sanitary 18.81% 11.88% 16.83% 36.63% 15.84% housing. 19 12 17 37 16 101 2.81
Provide better access to affordable, reliable, and safe public transportation.

1.98% 11.88% 43,56% 30.69% 11.88%
2 12 44 31 12 101 2.61
Provide residents with more opportunities to be informed 9.90% 7.92% 7.92% 15.84% 58.42% and engaged. 10 8 8 16 59 101 1.95
Exhibit 4 30363
/41

City of Bell Gardens Environmental Justice Element Survey Q18 Do you care to provide demographic information about you and your household?
Answered: 101 Stropped::0
Yes
No

ANSWER CHOICES
Yes
No
TOTAL
0%
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

RESPONSES

57.43%

42.57%
58 43
101
Exhibit 4 31364
/ 41

City of Bell Gardens Environmental Justice Element Survey Q19 What is your age group?
Answered: 56 Skipped: 45
17 and under
18-25
26-30
31-35
36-40
41-45
46-50
51-55
56-60
61 and older
0%
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Exhibit 4 32365
/ 41

City of Bell Gardens Environmental Justice Element Survey

ANSWER CHOICES
17 and under

RESPONSES

1.79%
18-25
26-30
31-35
36-40
41-45
46-50
51-55
56-60

10.71%

5.36%

14.29%

10.71%

8.93%

7.14%

17.86%

5.36%
6 3
8 6
5 4
10 3
61 and older
TOTAL

17.86%
10 56
Exhibit 4 366
/
33 41

City of Bell Gardens Environmental Justice Element Survey Q20 What is your highest educational level?
Answered: 56 Skipped: 45
No Schooling
Elementary
School
Middle School
High School
Some College
Bachelors
Masters
Doctorate
0%

ANSWER H, I
No Schooling
Elementary School
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
RESF3ONSES

0.00%

5.36%
0 Middle School
High School
Some College
Bachelors
Masters
Doctorate
TOTAL

0.00%

23.21%
3193%

30.36%

7.14%

0.00%
0 13
19 17
4 0
56 Exhibit 4
367
34/41

City of Bell Gardens Environmental Justice Element Survey Q21 Which race/ethnicity best describes you?
Answered: 56 Skipped: 45
Hispanic/Latino
African -America
n
Asian
Middle Eastern
Native
American
White
Decline to
state
Other (please
specify)
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 1000/o

ANSWER CHOICES
Hispanic/Latino
African -American
Asian
Middle Eastern
Native American
White
Decline to state
Other (please specify)
Total Respondents: 56

RESPONSES

94.64%

1.79%

0.00%

0.00%

1.79%

3.57%

0.00%

1.79%
Exhibit 4 35368
/ 41

City of Bell Gardens Environmental Justice Element Survey Q22 What is your yearly household/family income?
Answered: 55 Skipped: 46
Under $15,000
$15,001 -
$20,000
$20,001 -
$30,000
$30,001 -
$45,000
$45,001 -
$55,000
$55,001 -
$60,000
$60,001 -
$65,000
$65,001+

ANSWER CHOICES
Under $15,000
$15,001- $20,000
0% 10%

RESPONSES

16.36%
40% 50% 60% 70% 80% 90% 100%

14.55%
$20,001 - $30,000
$30,001- $45,000
$45,001 - $55,000
$55,001 - $60,000
$60,001 - $65,000
$65,001+
TOTAL

5.45%

21.82%

3.64%

1.82%

3.64%

32.73%
Exhibit 4
369
36/41

City of Bell Gardens Environmental Justice Element Survey Q23 Do you own or rent your home?
Answered: 55 Skipped: 46
Own
Rent

ANSWER CHOICES
Own
Rent
TOTAL
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

RESPONSES

40.00%

60.00%
22 33
55 Exhibit 4 37370
/ 41

City of Bell Gardens Environmental Justice Element Survey Q24 How many people live in your home?
Answered: 56 Skipped: 45
2-3
4-5
More than
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES
1 2-3
4-5
More than 5
TOTAL

RESPONSES

5.36%

39.29%

41.07%

14.29%
3 22
23 8
56 Exhibit 4 38371
/41

City of Bell Gardens Environmental Justice Element Survey Q25 Does your household/family include any of the following:

Answered: 54 Skipped: 47
Children
(under the a...

Teenagers
(11-18 years...

Seniors (older
than 65)
Person with
chronic heal...

Disabled
family member?
None of the
above
0%
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES
Children (under the age of 10)
Teenagers (11-18 years old)
Seniors (older than 65)
Person with chronic health concerns (asthma, diabetes, high blood pressure, heart disease, etc,) Disabled family member?
None of the above
Total Respondents: 54

RESPONSES

16.67% 9
37,04% 20

35.19% 19

27.78% 15

14.81% 8

27.78% 15
Exhibit 4 39372
/ 41

City of Bell Gardens Environmental Justice Element Survey Q26 Are there any additional topics or comments that you would like to add?
Answered: 25 Skopped:76
Exhibit 4 40373
/ 41

City of Bell Gardens Environmental Justice Element Survey Q27 Would you like to be contacted in the future regarding updates regarding the environmental justice plan? Please provide a name, cell phone number, or e-mail address.

Answered. 24 Skipped. 77

ANSWER CHOICES
Name
Cell phone number
E-mail

RESPONSES

95.83%

66.67%

66.67%
23 16
16 Exhibit 4 41 / 41

STAKEHOLDERS
Business
Abode Communities
Abode Communities
American Legion Post 465
Azure Development
Bell Gardens Chamber of Commerce
Bell Gardens Community Services Center
Bell Gardens Convalescent Center/ Briarcrest Nursing Home Bell Gardens Family Medical Center
Bell Gardens Lions Club
Bell Gardens Neighborhood Watch
California Latinas for Reproductive Justice
Del Rio Convalescent Center
East Rancho Dominguez Service Center
Fraternal Order of Eagles
Habitat for Humanity
Human Services Association
East Yard Community for EJ - Laura Cortez
Luis Rincon
Maravilla Foundation
Mayans Development
Mexican American Opportunity Foundation
National Core
New Image Emergency Shelter
Olson Company
Park View Terrace
Patel
Public Counsel- Brandon Payette
Rancho Southeast Association of Realtors
Rio Hondo Boys and Girls Club
Salvation Army Homeless Shelter
San Pedro Region of Catholic Charities
Steven Senemar
Sunrise Community Counseling
TELACU Development Corporation
Terra Bella
The Enki Center
The Lee Group
Tony Lee
Westminster Court
Young at Heart Senior Citizens Group
Gabriel Garcia
Neighborhood Watch - Hannali Paniagua -Coordinator
Address
7550 Eastern Ave, Bell Gardens, CA 90201
6119 Agra Street
8000 Park Ln, Bell Gardens, CA 90201
6501 Garfield Ave, Bell Gardens, CA 90201
7004 E Gage Ave, Bell Gardens, CA 90201
6800 Florence Ave, Bell Gardens, CA 90201
2317 Atlantic Blvd, Commerce CA 90040
3010 Old Ranch Parkway, Suite 100, Seal Beach, CA 90740 6728 Clara St, Bell Gardens, CA 90201
10900 E. I 83rd Street Suite #120, Cerritos, CA 90703
7104 Perry Rd, Bell Gardens, CA 90201
18340 YORBA LINDA BLVD # 107 YORBA LINDA, CA 92886
5720 Clara Street Bell Gardens, CA 90201
475 WASHINGTON BLVD, Marina Del Rey, CA 90292
6850 Florence Ave., Bell Gardens, CA 90201
6662 Loveland Street, Bell Gardens, CA, 90201
7100 Garfield Ave
Email
info@abodecommun[fies.oru
[email protected]
nfu�urazu redevelopmentco. com
[email protected]
I≥gcommunity2belleardens_urg
business -office 6narcrestNursinR com
CMuniz@fhccccorg
bglior3 hotmaihcom
[email protected]
info@)otprg
T&aolkinsg,wdacslacq arlv.rlov
fraternaleaglesOsbcglobaldiet
[email protected]
ricardo.mota@Iisala-r',trg
Laurac.eyce gnrail.com
[email protected]
[email protected]
->cail @mavansdevelopment'.00m
rrla(u)maoforq
[email protected]
newimage-inc(ssmsn.com
[email protected]
Phone
562-291-0492
562-927-2641
(562) 928-9600
(562) 927-6586
(562) 806-5400
(562) 596-4770
562-928-0348
atelgkemlahotels.con,
cette@publiccounseLorq
adminlstrative@r'anchosoutheast.com 562-860-5536
info @.bq cm l a.orq L51,2j. 23.1-2500
[email protected].
[email protected]
sencollc@hotmailcom 323-589-7700
info:usunrisecccorq
[email protected]
info@_lerrobellamanagement.arm 562.479.0101
562) 806-5000
tonyle98©amailcom
valel ia.cabrera u%humanaogd.org
[email protected]
dorren.dunaway@hsalaorq
agbriel <_%coreinvesiments com
bpanicaqucy0;bgpd.orq
64th District Assembly Member Blanca Pacheco - Kayla Terraza (Field Representatve) 8255 Firestone Blvd., Ste 203, Downey CA 90241 Kayla.Terrazasisrasm.caavv 562-688-2505
(562) 806-2893
775-782-5500
323-855-3696
562-806-7686 562-843-4139(mobile)
562-861-5803
Exhibit 4 375

APPENDIX D
Cultural Resources Information
Exhibit 4 376

C HA IRPERSO N
Reginald Pagaling
Chumash

VICE -C HA IRPERSO N
Buffy McQuillen
Yokayo Pomo, Yuki,
Nomlaki
-CC RETA RY
Sara Dutschke
Miwok

PARUAM ENTARIAN
Wayne Nelson
Luiseno

COMMISSONER
Isaac Bojorquez
Ohlone-Costanoan

COMMISSIONER
Stanley Rodriguez
Kumeyaay

COMMISSIONER
Laurena Bolden
Se rra no

COMMISSIONER
Reid Milanovich
Ca huilla

COMMISSIONER
Vacant
EXEC Ul1VE RETARY
Raymond C.

Hitchcock
Miwok, Ni nan
NAHC HEADQUA-<ILIb
1550 Harbor Boulevard
SLite 100
West Sacramento,
California 95691
(916)373-3710
nahce&ahc,cagoy
NAHC.ca.gov

NATIVE AMERICAN HERITAGE COMMISSION
December4, 2023
Beni Getachew
Impact Sciences, Inc.

Via Email to: eoeta chewCa moact iences.com
Re: Native American Tribal Consultation, Pursuant to the Assembly Bill 52 (AB 52), Amendments to the California Environmental Quality Act (CEQA) (Chapter532, Statutes of 2014), Public Resources Code Sections 5097.94 (m), 21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21083.09, 21084.2 and 21084.3, Bell Gardens Environmental Justice Element Negative Declaration Report Project, Los Angeles County
To Whom It May Concern:

Pursuant to Public ResourcesCode section 21080.3.1 (c), attached isa consultation list of tribes that are traditionally and culturally affiliated with the geographic area of the above -listed project. Please note that the intent of the AB52 amendmentsto CEQA isto avoid and/or mitigate impacts to tribal cultural resources, (Pub. Resources Code §21084.3 (a)) ("Public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource.") Public ResourcesCode se ctions21080.3.1 and 21084.3(c) require CEQA lead agenciesto consult with California Native American tribesthat have requested notice from such agencies of proposed projects in the geographic area that are traditionally and culturally affiliated with the tribeson projectsforwhich a Notice of Preparation or Notice of Negative Declaration or Mitigated Negative Declaration has been filed on orafterJuly 1, 2015. Decifically, Public Resources Code section 21080.3.1 (d) provides:

Within 14 daysof determining that an application fora project iscomplete or a decision by a public agency to undertake a project, the lead agency shall provide formal notification to the designated contact of, ora tribal representative of, traditionally and culturally affiliated California Native American tribesthat have requested notice, which shall be accomplished by meansof at least one written notification that includesa brief description of the proposed project and itslocation, the lead agency contact information, and a notification that the California Native American tribe has30 daysto request consultation pursuant to thissection.

The AB52 amendmentsto CEQA law does not preclude initiating consultation with the tribes that are culturally and traditionally affiliated within yourjurisdiction priorto receiving requestsfor notification of projects in the tribe's areas of traditional and cultural affiliation. The Native American Heritage Commission (NAHC) recommends, but doesnot require, early consultation asa best practice to ensure that lead agenciesreceive sufficient information about cultural resourcesin a project area to avoid damaging effectsto tribal cultural resources.

The NAHC also recommends, but doesnot require that agenciesshould also include with their notification letters, information regarding any cultural resourcesamossment that has been completed on the area of potential effect (APE), such as:

1. The resultsof any record search that may have been conducted at an Information Center of the Califomia Historical Resources Information System (CHRIS), including, but not limited to: