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Floor Slab Design and Construction, Retaining Wall Design and construction and Pavement Design Parameters (pages 10-29).
33. GEO-2: Inadvertent Paleontological Discovery
In the event that paleontological resources are inadvertently discovered during ground disturbing activities, work shall be halted until the qualified paleontologist can document the discovery as appropriate, evaluate the potential resource, and assess the significance of the find under the criteria set forth in CEQA Guidelines Section 15064.5.
34. HAZ-1 Phase 1 ESA: The Project Applicant shall incorporate applicable recommendations provided in the Phase I Environmental Site Assessment prepared by Environmental Science Associates (ESA). dated November 2022 (Appendix C), The recommendations are identified as follows:
• Responsible parties, landowners, and contractors performing subsurface activities at the site should be prepared to encounter residual petroleum- and hydrocarbon-contaminants in soils and groundwater, particularly following extended rainy periods when groundwater levels and flows may increase.
Appropriate health and safety equipment and protocols should be managed properly to avoid threats to human health or the environment associated with the HRECs.
• In order to identify residual contaminants in soils associated with previous agricultural uses at the subject property, preparation of a Soil Investigation Report prior to construction is required. Any contaminated soils identified in the report shall be removed, transported, and disposed in accordance with applicable regulations.
35. NOI-1 Temporary Noise Barriers
Temporary noise barriers shall be installed along the western Project boundary to the south of the Vehicle Truck Bay Construction (the project site boundary to the north of the schools) to shield the sensitive receivers from construction noise. The barrier for the project site boundary to the north of the schools shall have a minimum length of 500 feet starting from the Project’s northwestern corner where the security gate is and extending eastward along the Project boundary and have a minimum height of 15 feet (with the top of the barrier at least 15 feet above the ground surface of the school(s) to the south of the proposed sound barrier) that is made of sound blanket, plywood or other solid material capable of reducing on-site construction noise levels by at least 10 dBA. The temporary noise barrier shall be in place during the site improvement construction phase (e.g., during the Vehicle Truck Bay Construction).
36. NOI-2 Construction Noise Control Plan
The construction contract bid shall require the chosen construction contractor(s) to prepare a Construction Noise Control Plan. The details of the Construction Noise Control Plan shall be included as part of the permit application drawing set and as part
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DP No. 22-05
of the construction drawing set. The Construction Noise Control Plan shall include, but not be limited to the following:
• During the entire active construction period, equipment and trucks used for project construction shall utilize the best available noise control techniques (e.g., improved mufflers, equipment regarding-design, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds). • Require the contractor to use impact tools (e.g., jack hammers and hoe rams) that are hydraulically or electrically powered wherever such alternatives are available in the market. Where the use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used along with external noise jackets on the tools.
• During the entire active construction period, stationary noise sources shall be located as far from sensitive receptors as possible, and they shall be muffled and enclosed within temporary sheds, or insulation barriers or other measures • During the entire active construction period, noisy operations shall be combined so that they occur in the same time period as the total noise level produced would not be significantly greater than the level produced if the operations were performed separately (and the noise would be of shorter duration).
• Select haul routes that avoid the greatest amount of sensitive use areas.
37. TCR-1: Retain a Native American Monitor Prior to Commencement of GroundDisturbing Activities A. The project applicant/lead agency shall retain a Native American Monitor from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation. The monitor shall be retained prior to the commencement of any “ground-disturbing activity” for the subject project at all project locations (i.e., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, grading, excavation, drilling, and trenching.
B. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a grounddisturbing activity.
C. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon written request to the Tribe.
Conditions of Approval
DP No. 22-05
D. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve ground disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh TCRs.
E. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural, and/or historic purposes.
38. TCR-2 Unanticipated Discovery of Tribal Cultural Resources Objects (NonFunerary/Non-Ceremonial) A. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute.
B. If Native American human remains and/or grave goods discovered or recognized on the project site, then all construction activities shall immediately cease. Health and Safety Code Section 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and all ground-disturbing activities shall immediately halt and shall remain halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe they are Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission, and Public Resources Code Section 5097.98 shall be followed.
C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).
D. Construction activities may resume in other parts of the project site at a minimum of 200 feet away from discovered human remains and/or burial goods, if the Kizh determines in its sole discretion that resuming construction activities at that distance is acceptable and provides the project manager express consent of that determination (along with any other mitigation measures the Kizh monitor and/or archaeologist deems necessary). (CEQA Guidelines Section 15064.5(f).)
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E. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any historic archaeological material that is not Native American in origin (non-TCR) shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes.
F. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.
39. TCR-3 Unanticipated Discovery of Human Remains and Associated Finery or Ceremonial Objects
A. As the Most Likely Descendant (“MLD”), the Koo-nas-gna Burial Policy shall be implemented. To the Tribe, the term “human remains” encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains.
B. If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery and a separate treatment plan shall be created.
C. The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Cremations will either be removed in bulk or by means as necessary to ensure complete recovery of all sacred materials.
D. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24- hour guard should be posted outside of working hours. The Tribe will make every effort to recommend diverting the project and keeping the remains in situ and protected. If the project cannot be diverted, it may be determined that burials will be removed.
E. In the event preservation in place is not possible despite good faith efforts by the project applicant/developer and/or landowner, before ground-disturbing activities may resume on the project site, the landowner shall arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects.
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F. Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony will be removed to a secure container on site if possible. These items should be retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the project site but at a location agreed upon between the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered.
G. The Tribe will work closely with the project’s qualified archaeologist to ensure that the excavation is treated carefully, ethically, and respectfully. If data recovery is approved by the Tribe, documentation shall be prepared and shall include (at a minimum) detailed descriptive notes and sketches. All data recovery data recovery-related forms of documentation shall be approved in advance by the Tribe. If any data recovery is performed, once complete, a final report shall be submitted to the Tribe and the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains.
In the event that any of the aforementioned mitigation measures conflict with the measures in the adopted IS/MND and MMRP, the measures in the IS/MND and MMRP shall prevail.
BUILDING DIVISION
40. The Project shall comply with the adopted California Model Code (California Code of Regulations, Title 24).
41. The Project shall comply with the applicable provisions of the California Green Building Standards Code and provide at least 15 percent of the rooftop area for solar photovoltaic power.
42. Prior to the issuance of any permit a soils report is required to be submitted to the Building Division for review and approval.
43. The Project shall provide Americans with Disabilities Act (ADA) compliance accessibility to public right-of-way.
44. The Project shall provide Americans with Disabilities Act (ADA) compliance throughout the site.
PUBLIC WORKS AND ENGINEERING
45. The Applicant shall provide drainage and grading plans to be approved by the City Engineer prior to the issuance of a building permit. Such plans shall be in substantial conformity with the development plans.
46. The Applicant shall supply sanitary sewer facilities to serve all buildings to the
Conditions of Approval
DP No. 22-05
satisfaction of the City Engineer prior to the final approval of the development and hookup utilities.
47. Depending upon the nature of the proposed use, the Applicant shall obtain an Industrial Waste Permit or receive Domestic Wastewater Clearance from the City Engineer depending on the building use.
48. The Applicant/Property Owner shall comply with the Subdivision Ordinance of the City of Industry. A Covenant and Agreement to Hold Property as One Parcel shall be provided to the City Engineer for review, approval, and recordation for all parcels within the Project Site.
49. The Applicant shall use the City of Industry Benchmark’s (NAVD-29) for all construction plans. Contact the City’s survey department for benchmark information.
50. The Applicant shall construct storm drains and water quality devices to the satisfaction of the City Engineer prior to the final approval of the development and the hook-up of utilities.
51. Prior to the issuance of building permits for any interior improvements that serve to create separate units within the building, the Applicant shall consult with the City Engineer and demonstrate that each separate unit is equipped with its own sewer line and that the sewer lines join together before the connection to the main sewer line. This will allow for the addition of a clarifier or grease interceptor if required to serve future tenants/uses in the building.
52. In conformance with Chapter 13.16 of the Municipal Code, and prior to the start of grading and construction, the Applicant shall provide a Stormwater Pollution Prevention Plan (SWPPP), developed by a Qualified SWPPP Developer (QSD) and consistent with the current National Pollutant Discharge Elimination System (NPDES) construction general permit, along with proof that a Waste Discharger Identification (WDID) Number has been obtained, to the City Engineer for review and approval
53. In conformance with Chapter 13.16 of the Municipal Code, the Applicant shall provide:
1) a Low Impact Development (LID) plan; and
2) an operations, maintenance, and monitoring plan to the City Engineer for review and approval. Upon approval, the Applicant shall construct storm drains and water quality devices according to the approved plans and the satisfaction of the City Engineer. Prior to building final and/or issuance of the certificate of occupancy, the Applicant shall provide the City Engineer with a signed and recorded covenant and agreement stating that the Property and all structural or treatment control Best Management Practices (BMPs) will be maintained in compliance with the municipal NPDES permit (also sometimes called the MS4 permit) and other applicable regulatory requirements.
54. Prior to obtaining a Certificate of Occupancy Applicant shall submit digital copies of asbuilt plans to the City Engineer.
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55. Prior to the close out of the grading permit the Applicant shall video via CCTV or any other applicable method all sewer and storm drains on-site and submit to the City Engineer for approval.
56. No Truck stacking is allowed on any public streets.
CODE REQUIREMENTS AND STANDARDS
The following is a list of general planning conditions, code requirements and standards deemed applicable to the proposed Project. The list is intended to assist the Applicant by identifying requirements that must be satisfied during the various stages of Project permitting, implementation, and operation. It should be noted that this list is in addition to any “conditions of approval” adopted by the City Council and noted above. Please note that if the design of your Project or site conditions changes, the list may also change. If you have any questions regarding these requirements, please contact the City of Industry.
57. The Applicant and/or successor in interest shall comply with all Federal, State, County, and local laws, rules, and ordinances.
58. The Applicant shall pay off all existing deficit deposit accounts associated with processing this permit. The Applicant shall provide a receipt to the Planning Department, which shows that all discretionary deposit accounts have been paid. No Certificate of Occupancy or Final Planning Division Inspection will be issued/completed if there are deficit deposit accounts.
59. Current and future property owners, business managers, operators, successors, assigns, etc. shall be responsible for ensuring and complying with all conditions of approval contained herein.
60. The Applicant shall abide and continue to comply with all previous City approvals, permits, or requirements relating to the subject property, unless explicitly superseded or revised by this Approval.
61. The Applicant/Property Owner shall construct adequate fire protection facilities to the satisfaction of the Los Angeles County Fire Department.
62. The Applicant/Property Owner shall supply sanitary sewer facilities to serve all buildings to the satisfaction of the City Engineer. One sewer connection per parcel is permitted and, in the case of multiple units or buildings, all sewer lines must join at the connection point.
63. The Applicant/Property Owner shall provide drainage and grading plans to be approved by the City Engineer prior to the issuance of any building permit. Such plans shall be in substantial conformity with the approved development plans.
64. In conformance with Chapter 13.16 of the Municipal Code and prior to the start of grading and construction, the Applicant/Property Owner shall provide a Storm Water
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DP No. 22-05
Pollution Prevention Plan (SWPPP), developed by a Qualified SWPPP Developer (QSD) and consistent with the current National Pollutant Discharge Elimination System (NPDES) construction general permit, along with proof that a Waste Discharger Identification (WDID) Number has been obtained, to the City Engineer for review and approval.
65. Should archeological resources be uncovered during site preparation, grading, or excavation, work shall be stopped for a period not to exceed 14 days. The finding shall be immediately evaluated for significance by a county-certified archaeologist. If the archaeological resources are found to be significant, the archaeologist shall perform data recovery, professional identification, radiocarbon dates as applicable, and other special studies; submit resources to the California State University Fullerton; and provide a comprehensive final report including appropriate records for the California Department of Parks and Recreation (Building, Structure, and Object Record; Archaeological Site Record; or District Record, as applicable).
INTERPRETATION AND ENFORCEMENT
66. The City of Industry Planning Department, the Los Angeles County Building and Safety Department, the City of Industry Public Works Department, and the Los Angeles County Fire Department shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval.
67. The Planning Department may interpret the implementation of each condition of approval and, with advanced notice, grant minor amendments to approved plans and/or conditions of approval based on changed circumstances, latest information, and/or relevant factors if the spirit and intent of the approved condition of approval is satisfied. Permits shall not be issued until the proposed minor amendment has been reviewed and approved for conformance with the intent of the approved condition of approval. If the proposed changes are substantial in nature, an amendment to the original entitlement may be required pursuant to the provisions of Industry Municipal Code.
INDEMNIFICATION
68. The Applicant and any of its heirs, successors and assigns, shall defend, indemnify, and hold harmless the City and its elected officials, officers, employees, agents and volunteers (“City Indemnitees”) from any claim, action or proceedings, liability cost, including attorneys’ fees and costs against the City Indemnitees, caused or alleged to have been caused by reason of the Applicant’s activities in connection with Development Plan No. 22-05. This indemnity provision applies to all damages and claims for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for Development Plan No. 22-
06. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, including the environmental review, or any other supporting document relating to Development Plan 22-05, the Applicant and its
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successors and assigns, shall indemnify, defend and hold harmless the City Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City Indemnitees in relation to such action. The City shall have the right to select counsel of its choice.
The City shall promptly notify Applicant of any claim, action or proceeding, and shall cooperate fully in the defense thereof.
END OF CONDITIONS
ITEM NO. 7.2
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Julie Gutierrez Robles, City Clerk
DATE: June 10, 2025
SUBJECT: Consideration of Appointment for Two (2) Vacant Seats on the Industry Property and Housing Management Authority
Background:
In accordance with Article II. General Provisions, Section 2.03, Board of Directors, of the City of Industry Property and Housing Management Authority Joint Exercise of Powers Agreement, amended under Resolution No. CC 2018-43, the Authority consists of five (5) Directors, with four (4) Board members appointed by the City Council and one (1) appointed by CRIA. Each member serves a term of four (4) years.
Discussion:
At this time, there are Two (2) vacant seats on the Industry Property and Housing Management Authority. The seats are appointed by the City Council for a term of four (4) years. To fill the vacancy, the City Clerk issued a notice of vacancy on May 2, 2025, inviting applications for the open seat. Applications were submitted by the following people:
• Tim Seal
• Timothy O'Gorman
• Marian Kane
The applications are attached to this staff report.
Fiscal Impact:
No Fiscal Impact
Recommendation:
Discuss and make appointments to the Industry Property and Housing Management Authority and/or provide additional direction to Staff.
Exhibits:
1. IPHMA Applications
ITEM NO. 7.3
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Julie Gutierrez Robles, City Clerk
DATE: June 10, 2025
SUBJECT: Consideration of Appointment of Three (3) Vacant Seats on the Civic Recreational Industrial Authority Board
Background:
The Civic-Recreational-Industrial Authority ("CRIA") is served by a total of five (5) Board of Directors, including four (4) Directors appointed by the City Council and one (1) Director appointed by the City of La Puente. Each director serves a four (4) year term.
Discussion:
At this time, there are Three (3) vacant seats on the Civic Recreational Industrial Authority Board. The seats are appointed by the City Council for a term of four (4) years. To fill the vacancy, the City Clerk issued a notice of vacancy on May 2, 2025, inviting applications for the open seats. Applications were submitted by the following people:
• Eric M. Benavidez
• Marian Kane
• Hung Sheng (Sean) Lee
• Ronald Mc Peak
The application is attached to this staff report.
Fiscal Impact:
No fiscal impact
Recommendation:
Discuss and make appointments to the Civic Recreational Industrial Authority Board and/or
provide additional direction to staff.
Exhibits:
1. CRIA Applications