Modelo Project EIR
Mitigation Monitoring and Reporting Program
(SCH No. 2019080312)
Prepared for:
City of Commerce
Planning Department
2535 Commerce Way
Commerce California 90040
Contact: Jose Jimenez, Director of Economic Development and Planning Prepared by:
38 N. Marengo Avenue
Pasadena, California 91101
Contact: Carey Fernandes, Principal
DECEMBER 2021
ATTACHMENT M
Printed on 30% post-consumer recycled material.
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Table of Contents
SECTION PAGE NO.
TABLE OF CONTENTS ................................................................................................................................................... I ACRONYMS AND ABBREVIATIONS ............................................................................................................................. III 1 INTRODUCTION ............................................................................................................................................. 5 2 MITIGATION MONITORING AND REPORTING PROGRAM ............................................................................... 7 TABLES
Table 1. Mitigation Monitoring and Reporting Program Checklist..................................................................................7
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Acronyms and Abbreviations
Acronym/Abbreviation Definition
CARB California Air Resources Board
CEQA California Environmental Quality Act
CDFG California Department of Fish and Game (California Department of Fish and Wildlife) City City of Commerce
County Los Angeles County
CNPS California Native Plant Society
EIR Environmental Impact Report
LOS level of significance
MLD most likely descendant
MMRP Mitigation Monitoring and Reporting Program
NAHC Native American Heritage Commissions
NOX oxides of nitrogen
PRIMP Paleontological Resources Impact Mitigation Program Project Modelo Project
RAQS regional air quality strategy
RSCC recommended soil cleanup criteria
RWQCB Regional Water Quality Control Board
SCAG Southern California Association of Governments
SCAQMD South Coast Air Quality Management District
SCCIC South Central Coastal Information Center
SIP state implementation plan
SVP Society of Vertebrate Paleontology
TCRs Tribal Cultural Resources
TIS traffic impact studies
USFWS United States Fish and Wildlife Service
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MODELO PROJECT EIR MITIGATION MONITORING AND REPORTING PROGRAM 5 1 Introduction
Section 15097 of the State California Environmental Quality Act (CEQA) Guidelines requires that a public agency adopting an Environmental Impact Report (EIR) take affirmative steps to determine that approved mitigation measures are implemented after project approval. The City of Commerce (City) as the lead agency must adopt a reporting and monitoring program for the mitigation measures incorporated into a project or included as conditions of approval. The program must be designed to ensure compliance with the EIR during project implementation (California Public Resources Code, Section 21081.6[a][1]).
This Mitigation Monitoring and Reporting Program (MMRP) will be used by the City to ensure compliance with adopted mitigation measures identified in the EIR for the proposed Modelo Project (Project). The City, as the lead agency, will be responsible for ensuring that all mitigation measures are carried out. The EIR identified potentially significant environmental impacts to Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Noise, Transportation, and Tribal Cultural Resources. Mitigation is provided for each of these topics to reduce impacts to the extent feasible and is provided below. All of these potential significant impacts would be reduced to less than significant with implementation of the proposed mitigation measures, except for impacts to Air Quality, and Noise, which would remain significant and unavoidable.
The remainder of this MMRP consists of a table that identifies the mitigation measures by resource for each Project component. Table 1 identifies the mitigation monitoring and reporting requirements, including the party(ies) responsible for carrying out and verifying implementation of the mitigation measure, and the timing of verification (prior to, during, or after construction). Space is provided for sign-off following completion/implementation of the mitigation measure. Along with the EIR and related documents, this MMRP will be kept on file at the following location:
City of Commerce
Planning Department
2535 Commerce Way
Commerce CA 90040
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2 Mitigation Monitoring and Reporting Program
Table 1. Mitigation Monitoring and Reporting Program Checklist Mitigation
Measure No. Mitigation Measure/Project Design Feature
Method of
Verification
Timing of Verification
Responsible
Party
Completed
Comments
PreConst. During
Const.
PostConst. Initials Date
Air Quality
MM-AQ-1 Prior to SCAG’s next update to the Regional
Housing Needs Assessment, the City shall
prepare a revised population, employment and
housing forecast for SCAG that reflects
anticipated growth generated from the proposed
Project. The updated forecast provided to SCAG
shall be used to inform the SCAQMD’s update to
the Regional Air Quality Strategy and State
Implementation Plan. The City shall prepare and
submit a letter notifying the SCAQMD of this
revised forecast for use in the future update to
the RAQS and SIP as required.
Submittal of
updated
population,
employment
and housing
forecast
X City of
Commerce
MM-AQ-2 To reduce the potential for criteria air pollutants, specifically oxides of nitrogen (NOx), as a result of
construction of the Project, the applicant shall:
Prior to the start of construction activities, the
Project applicant, or designee, shall ensure that
all 75 horsepower or greater diesel-powered
equipment are powered with California Air
Resources Board (CARB)-certified Tier 4 Final
engines, except where the Project applicant
establishes to the satisfaction of the City of
Commerce that Tier 4 Final equipment is not
available.
Submittal of
contractor
plans or
exemption
X Contractor
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Table 1. Mitigation Monitoring and Reporting Program Checklist Mitigation
Measure No. Mitigation Measure/Project Design Feature
Method of
Verification
Timing of Verification
Responsible
Party
Completed
Comments
PreConst. During
Const.
PostConst. Initials Date
An exemption from these requirements may be
granted by the City in the event that the City
documents that equipment with the required tier
is not reasonably available and corresponding
reductions in criteria air pollutant emissions are
achieved from other construction equipment.
Before an exemption may be considered by the
City, the applicant shall be required to
demonstrate that two construction fleet
owners/operators in the Los Angeles County
were contacted and that those owners/operators
confirmed Tier 4 Final equipment could not be
located within Los Angeles County. However, the
Project Applicant, or its designee, shall utilize
even more stringent technology such as natural
gas or electric-powered equipment elsewhere to
offset any increase from the non-Tier 4
equipment.
Biology
MM-BIO-1 Nesting Bird Surveys. Ground disturbance
activities and vegetation removal will be
completed outside the avian breeding season
(between September 1 and January 31).
If ground disturbance activities (including clearing
and grubbing) are scheduled to occur between
February 1 and August 31, a qualified biologist
will conduct a nesting bird survey within 72 hours
of ground disturbance activities. The survey shall
consist of full coverage of the proposed Project
Submittal/revi
ew of nesting
bird survey
X City of
Commerce
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Table 1. Mitigation Monitoring and Reporting Program Checklist Mitigation
Measure No. Mitigation Measure/Project Design Feature
Method of
Verification
Timing of Verification
Responsible
Party
Completed
Comments
PreConst. During
Const.
PostConst. Initials Date
footprint and up to a 300-foot buffer (500-feet for
suitable raptor habitat). The specific survey buffer
will be determined in the field by the Project
biologist and will take into account the species
nesting in the area, the habitat present, and
where access is permitted. If no active nests are
found no additional measures are required.
If active nests are found, the nest locations shall
be mapped by the qualified biologist. The nesting
bird species will be documented and, to the
degree feasible, the nesting stage (e.g.,
incubation of eggs, feeding of young, near
fledging) will be determined. The biologist shall
establish a no-disturbance buffer around each
active nest. The buffer will be determined by the
qualified biologist based on the biology of the
species present and surrounding habitat
(typically a starting point of 300 feet for most
birds and 500 feet for raptors, but may be
reduced as approved by the biologist). No
construction or ground disturbance activities
shall be conducted within the buffer until the
biologist has determined the nest is no longer
active (i.e., no eggs or young) and has informed
the construction supervisors that activities may
resume.
Cultural
MM-CUL-1 If archaeological resources (i.e., sites, features, or artifacts) are exposed during construction
activities for the proposed Project, all
construction work occurring within 100 feet of
Submittal and
review of brief
letter report of
excavations
X Applicant
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Table 1. Mitigation Monitoring and Reporting Program Checklist Mitigation
Measure No. Mitigation Measure/Project Design Feature
Method of
Verification
Timing of Verification
Responsible
Party
Completed
Comments
PreConst. During
Const.
PostConst. Initials Date
the find shall immediately stop until a qualified
archaeologist, meeting the Secretary of the
Interior’s Professional Qualification Standards
for Archaeology, can evaluate the significance of
the find and determine whether or not
additional study is warranted. The archaeologist
shall be empowered to temporarily stop or
redirect grading activities to allow removal of
abundant or large artifacts. Depending upon the
significance of the find under the California
Environmental Quality Act (CEQA) (14 CCR
15064.5(f); PRC, Section 21082), the
archaeologist may simply record the find and
allow work to continue. If the discovery proves
significant under CEQA, additional work, such as
preparation of an archaeological treatment plan
and data recovery, may be warranted. The
archaeologist shall also be required to curate
specimens in a repository with permanent
retrievable storage and submit a written report
to the lead agency for review and approval prior
to occupancy of the first building on the site.
Once approved, the final report will be filed with
the South Central Coastal Information Center
(SCCIC).
Once artifact analysis is completed, a final written
report detailing the results of all research
procedures and interpretation of the site shall be
submitted to the lead agency for review and
approval prior to occupancy of the first building
on the site.
and findings
MM-CUL-2 In accordance with Section 7050.5 of the Submittal and X Contractor and
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Table 1. Mitigation Monitoring and Reporting Program Checklist Mitigation
Measure No. Mitigation Measure/Project Design Feature
Method of
Verification
Timing of Verification
Responsible
Party
Completed
Comments
PreConst. During
Const.
PostConst. Initials Date
California Health and Safety Code, if human
remains are found within the Project site, the
county coroner shall be immediately notified of
the discovery. No further excavation or
disturbance of the site or any nearby area
reasonably suspected to overlie adjacent
remains shall occur until the county coroner has
determined, within 2 working days of notification
of the discovery, the appropriate treatment and
disposition of the human remains. If the county
coroner determines that the remains are, or are
believed to be, Native American, he or she shall
notify the Native American Heritage Commission
(NAHC) in Sacramento within 24 hours. In
accordance with California Public Resources
Code, Section 5097.98, the NAHC must
immediately notify those persons it believes to be
the most likely descendant (MLD) of the
deceased Native American. The MLD shall
complete his/her inspection within 48 hours of
being granted access to the site. The designated
MLD would then determine, in consultation with
the property owner, the disposition of the human
remains.
review of brief
letter report of
excavations
and findings
Applicant
Geology and Soils
MM-GEO-1 Prior to issuance of a grading permit within areas identified with a high paleontological sensitivity
(older Quaternary alluvial deposits), a qualified
paleontologist shall be retained per the Society of
Vertebrate Paleontology (SVP) (2010) guidelines.
The paleontologist shall prepare a
Paleontological Resources Impact Mitigation
Submittal of
PRIMP and
grading
monitoring
logs
X X Applicant
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Table 1. Mitigation Monitoring and Reporting Program Checklist Mitigation
Measure No. Mitigation Measure/Project Design Feature
Method of
Verification
Timing of Verification
Responsible
Party
Completed
Comments
PreConst. During
Const.
PostConst. Initials Date
Program (PRIMP) for the Project. The PRIMP shall
be consistent with the SVP (2010) guidelines and
shall outline requirements for preconstruction
meeting attendance and worker environmental
awareness training, where monitoring is required
within the Project area based on construction
plans and/or geotechnical reports, procedures
for adequate paleontological monitoring and
discoveries treatment, and paleontological
methods (including sediment sampling for
microvertebrate fossils), reporting, and
collections management. The qualified
paleontologist shall attend the preconstruction
meeting and a paleontological monitor shall be
on-site during rough grading and other grounddisturbing activities in previously undisturbed, fine-grained older Quaternary alluvial deposits.
These deposits may be encountered at shallow
depths below the surface. Within developed
areas of the proposed Project, this depth is
assumed to be at least twenty-five feet below the
ground surface in the eastern portion of the
Project. In the event that paleontological
resources (e.g., fossils) are unearthed during
grading, the paleontological monitor shall
temporarily halt and/or divert grading activity to
allow recovery of paleontological resources. The
area of discovery shall be roped off with a 50-
foot-radius buffer. Once documentation and
collection of the find is completed pursuant to the
PRIMP and the Society of Vertebrate
Paleontology (SVP) (2010) guidelines, the
monitor shall allow grading to recommence in the
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Table 1. Mitigation Monitoring and Reporting Program Checklist Mitigation
Measure No. Mitigation Measure/Project Design Feature
Method of
Verification
Timing of Verification
Responsible
Party
Completed
Comments
PreConst. During
Const.
PostConst. Initials Date
area of the find. Curation and storage of salvaged
specimens in an approved repository institution
shall be completed for all significant resources
discovered and collected.
Hazards and Hazardous Materials
MM-HAZ-1 Prior to the start of construction for the proposed Project, wastes and waste-impacted soils
underlying the entirety of the Project site must be
excavated and removed in accordance with the
approved Response Plan, as well as,
architectural and engineering plans.
Implementation of the proposed Project shall
require the excavation, stockpiling, profiling, and
appropriate disposal of all former landfill
materials encountered during remediation
activities. The objective of the remediation
activities is to restore the Project site, based on
the RSCC (Table 3.8-2), to a condition that allows
for unrestricted use. Once the RWQCB has
determined that the work required by the
Response Plan is complete, Project construction
shall proceed.
Submittal and
review of site
excavation
and soil
removal
compliance
with Response
Plan
X City of
Commerce
Noise
MM-NOI-1 Construction activities for the Modelo Project shall take place during the permitted time and
day per Chapter 19.19.160. of the City’s
Municipal Code. The applicant shall ensure that
construction activities are limited to the hours of
7 a.m. to 10 p.m. Monday through Saturday, and
not at all during other hours or on Sundays or
public holidays. This condition shall be listed on
the final designs for Modelo Project to the
Submittal and
review of
construction
scheduling in
final designs
X X Contractor
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Table 1. Mitigation Monitoring and Reporting Program Checklist Mitigation
Measure No. Mitigation Measure/Project Design Feature
Method of
Verification
Timing of Verification
Responsible
Party
Completed
Comments
PreConst. During
Const.
PostConst. Initials Date
satisfaction of the City of Commerce Engineering
Department.
MM-NOI-2 Construction noise would range up to 17 dBA
higher than ambient levels at adjacent
residences, thus exceeding the significance
threshold of a 10 dBA increase. Prior to issuance
of grading permits, the City shall require a detailed
construction noise management plan, with
supporting analysis of noise control effectiveness,
which demonstrates average construction noise
levels at adjacent residential properties would not
increase by more than 10 dBA above ambient.
The following measures taken in combination are
typically effective in reducing construction noise
levels by a minimum of 12 dBA Leq and should
therefore be considered for inclusion in the
construction noise management plan for the
Modelo Project:
• The Project contractor shall, to the extent
feasible, schedule construction activities
to avoid the simultaneous operation of
construction equipment so as to
minimize noise levels resulting from
operating several pieces of high noise
level emitting equipment.
• All construction equipment, fixed or
mobile, shall be equipped with properly
operating and maintained mufflers.
Enforcement shall be accomplished by
random field inspections by applicant
personnel during construction activities,
to the satisfaction of the City of
Commerce Engineering Department.
Submittal and
review of
construction
scheduling
and
construction
equipment
inspection
X Contractor
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Table 1. Mitigation Monitoring and Reporting Program Checklist Mitigation
Measure No. Mitigation Measure/Project Design Feature
Method of
Verification
Timing of Verification
Responsible
Party
Completed
Comments
PreConst. During
Const.
PostConst. Initials Date
• Construction noise reduction methods
such as shutting off idling equipment,
construction of a temporary noise
barrier, maximizing the distance
between construction equipment staging
areas and adjacent residences, and use
of electric air compressors and similar
power tools, rather than diesel
equipment, shall be used where feasible.
• During construction, stationary
construction equipment shall be placed
such that emitted noise is directed away
from or shielded from sensitive
receptors.
• Construction hours, allowed workdays,
and the phone number of the job
superintendent shall be clearly posted at
all construction entrances to allow
surrounding property owners to contact
the job superintendent if necessary. In
the event the City of Commerce receives
a complaint, appropriate corrective
actions shall be implemented and a
report of the action provided to the
reporting party.
MM-NOI-3 Prior to issuance of building permits, the City shall require a detailed noise analysis of the final
mechanical equipment specifications to review
shielding, enclosures, and/or the location of
proposed equipment to verify sound levels will
comply with the limits dictated by Chapter
19.19.160. of the City’s Municipal Code. It is
anticipated that proper screening around roofSubmittal and review of
noise study
X Applicant’s
Contractor
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Table 1. Mitigation Monitoring and Reporting Program Checklist Mitigation
Measure No. Mitigation Measure/Project Design Feature
Method of
Verification
Timing of Verification
Responsible
Party
Completed
Comments
PreConst. During
Const.
PostConst. Initials Date
mounted equipment would offer sufficient
shielding to achieve compliance with the noise
ordinance.
MM-NOI-4 The Project applicant shall offer to upgrade
windows on the façades of homes facing Zindell
Avenue. Increasing the sound attenuation of
these windows would more than offset the
increases in traffic noise from Project-generated
trips along Zindell Avenue.
Submittal of
response to
offers
X X X Applicant
Tribal Cultural Resources
MM-TCR-1 While no TCRs have been identified that may be affected by the proposed Project, the following
approach for the inadvertent discovery of TCRs
has been prepared to ensure there are no
impacts to unanticipated resources. Should a
potential TCR be encountered, construction
activities near the encounter shall be temporarily
halted within 50 feet of the discovery and the City
notified. The City will notify Native American tribes
that have been identified by the NAHC to be
traditionally and culturally affiliated with the
geographic area of the Project. If the potential
resource is archaeological in nature, appropriate
management requirements shall be
implemented as outlined in mitigation measure
MM-CUL-1. If the City determines that the
potential resource is a TCR (as defined by PRC,
Section 21074), tribes consulting under AB 52
and SB 18 would be provided a reasonable
period of time, typically 5 days from the date of a
new discovery is made, to conduct a site visit and
make recommendations regarding future ground
disturbance activities as well as the treatment
Submittal and
review of brief
letter report of
excavations
and findings
X Contractor in
Coordination
with the City
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Table 1. Mitigation Monitoring and Reporting Program Checklist Mitigation
Measure No. Mitigation Measure/Project Design Feature
Method of
Verification
Timing of Verification
Responsible
Party
Completed
Comments
PreConst. During
Const.
PostConst. Initials Date
and disposition of any discovered TCRs. A
qualified archaeologist shall implement a plan for
the treatment and disposition of any discovered
TCRs based on the nature of the resource and
considering the recommendations of the tribe(s).
Implementation of proposed recommendations
will be made based on the determination of the
City that the approach is reasonable and feasible.
All activities would be conducted in accordance
with regulatory requirements.
Utilities and Service Systems
MM UTL-1 Prior to the issuance of a grading permit, the Applicant shall demonstrate that off-site water
infrastructure is sufficient to provide the
anticipated water demand for the Project (i.e., net
increase in water demand of approximately
211,668 gpd [237.26 AFY)].
Submittal and
review of
infrastructure
and water
demand
report
X Contractor
Const. = construction
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