RESOLUTION NO. 2022-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, APPROVING THE MITIGATED NEGATIVE DECLARATION
AND ADOPTING THE MITIGATION MONITORING AND REPORTING
PROGRAM FOR THE CROOKED CREEK RESIDENTIAL SUBDIVISION
PROJECT (CASE NO. PL2017-203), CONSISTING OF VESTING
TENTATIVE TRACT MAP NO. 54081, AND ASSOCIATED DEVELOPMENT
REVIEW, TREE PERMIT, AND CONDITIONAL USE PERMIT, LOCATED AT
THE SOUTHERN TERMINUS OF CROOKED CREEK DRIVE, EAST OF THE SR-57 FREEWAY, BREA CANYON ROAD AND BREA CANYON FLOOD
CONTROL CHANNEL, AND NORTH OF THE CITY’S SOUTHERN
BOUNDARY (ASSESSORS PARCEL NO. 8714-028-003).
A. RECITALS
1. The applicant, New Bridge Homes, and owner, Cathay View Development, LLC, filed an application requesting approval of specified entitlements necessary for the residential development of a 12.9-acre parcel located at the southerly terminus of Crooked Creek Drive (“Project”).
2. The Project is comprised of the following entitlement requests:
(a) Vesting Tentative Tract Map No. 54081 (“VTTM No 54081”) to subdivide the subject property into nine parcels for the following purposes: seven (7) single-family residential lots; one lot reserved for a trailhead that anticipates the future improvement of Los Angeles County-owned easements to provide access to the Schabarum Trail system; and one lot containing approximately 10.4 acres of preserved open space and associated maintenance access. Access to the lots is proposed by extending and dedicating Crooked Creek Drive for public right-of-way purposes.
(b) Development Review to approve the site, architectural and landscape design of a new residential development to ensure consistency with the General Plan, Development Code, and compliance with all applicable and design guidelines and standards.
(c) Tree Permit to remove 62 existing protected trees consisting of 58 Southern California black walnuts and four coast live oaks, and to replace them at a 3:1 ratio with 201 Southern California black walnuts and 12 coast live oaks, totaling 213 replacement trees to be planted on-site.
(d) Conditional Use Permit to approve development on a site subject to a Planned Development Overlay District and allow modifications to the following development standards:
i. Increase the exposed retaining wall height limit from six feet to 17 feet.
Resolution No. 2022-24
2 ii. Reduce the minimum front setback requirement for Lots 4 and 5 from 20 feet to 14 feet and 13.75 feet, respectively.
iii. Reduce the minimum lot size requirement for Lots 1 and 3 from 10,000 to 8,294 square feet and 8,482 square feet, respectively.
3. The subject property consists of one parcel totaling 12.9 gross acres, located in the Low Density Residential Planned Development (RL-PD) zone with an underlying General Plan land use designation of Low Density Residential (RL).
4. The legal description of the subject property is Lot 4 of Parcel Map as per book 74, pages 3-4. The Assessor’s Parcel Number (APN) is 8714-028- 003.
5. In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared and filed an Initial Study/Environmental Checklist and Notice of Intent to Adopt Mitigated Negative Declaration for the Project on November 9, 2021 and with the Los Angeles County Clerk on November 10, 2021. The notice was published in the San Gabriel Valley Tribune newspaper. The notice was also mailed to public agencies and residents who attended applicant-hosted community meetings. The public review period for the MND began on November 10, 2021, and ended on December 20, 2021, for a total of 40 days, which exceeds the minimum 30-day public review period set forth pursuant to CEQA Guidelines Section 15105.
6. On April 15, 2022, notification of the Planning Commission public hearing for the Proposed Project was published in the San Gabriel Valley Tribune newspaper. Public hearing notices were mailed to property owners within a 1000-foot radius of the project site and to residents who attended the community meetings hosted by the applicant. In addition to the published and mailed notices, the project site was posted with a display board and public notices were posted at the City’s designated community posting sites.
7. On April 26, 2022, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date.
8. On May 6, 2022, notification of the City Council public hearing for the Proposed Project was published in the San Gabriel Valley Tribune newspaper. Public hearing notices were mailed to property owners within a 1000-foot radius of the project site and to residents who attended the community meetings hosted by the applicant. In addition to the published and mailed notices, the project site was posted with a display board and public notices were posted at the City’s designated community posting sites.
Resolution No. 2022-24
3 9. On May 17, 2022, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date.
10. The documents and materials constituting the administrative record of the proceedings upon which the City’s decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows:
1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct.
2. The City Council hereby finds that the project identified above in this Resolution required a Mitigated Negative Declaration (MND). The MND has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder.
The minimum 30-day public review period for the MND began on November 10, 2021, and ended on December 20, 2021. Furthermore, the City Council has reviewed the MND and related documents in reference to the Project.
3. The City Council based on the findings and conclusions set forth herein, hereby finds and determines that conditions have been incorporated into the Application, which mitigate environmental impacts identified in the MND.
The City Council hereby adopts the MND and Mitigation Monitoring and Reporting Program attached herein as Exhibits A and B and hereby incorporated by reference.
The City Council shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail, to:
Cathay View Development, LLC, 701 S. San Gabriel, Suite D, San Gabriel, CA 91176, and New Bridge Homes 500 Newport Center Drive, Suite 570 Newport Beach, CA 92660.
PASSED, APPROVED and ADOPTED this 17th day of May, 2022.
CITY OF DIAMOND BAR
________________________
Ruth M. Low, Mayor
Resolution No. 2022-24
4 ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly and regularly passed, approved and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 17th day of May, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
________________________
Kristina Santana, City Clerk
EXHIBITS:
Exhibit A: Notice of Availability and Intent to Adopt a Mitigation Negative Declaration, Notice of Completion and Environmental Document Transmittal to State Clearinghouse
Exhibit B: Mitigation Monitoring and Reporting Program
Exhibit A
Note: The state Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (e.g. Notice of Preparation or previous draft document) please fill in.
Revised 2010
Notice of Completion & Environmental Document Transmittal Mail to: State Clearinghouse, P. O. Box 3044, Sacramento, CA 95812-3044 (916) 445-0613 For Hand Delivery/Street Address: 1400 Tenth Street, Sacramento, CA 95814 Project Title: Crooked Creek Subdivision
Lead Agency: City of Diamond Bar Contact Person: Mayuko Nakajima Mailing Address: 21810 Copley Drive Phone: 909.839.7033 City: Diamond Bar Zip: 91765 County: Los Angeles
Project Location: County: Los Angeles City/Nearest Community: Diamond Bar Cross Streets: Crooked Creek Drive and Gold Run Drive Zip Code: 91765 Lat. / Long. (degrees, minutes, and seconds): 33 57 43.12 N/ 117 51 02.18 W Total Acres: 12.9 Assessor's Parcel No.: 8714-028-003 Section: 29 Twp.: 2 S Range: 9W Base: Yorba Linda Within 2 Miles: State Hwy #: 57 Waterways: Brea Canyon Flood Channel Airports: NA Railways: NA Schools: See Attachment A
Document Type:
CEQA: NOP Draft EIR NEPA: NOI Other: Joint Document
Early Cons Supplement/Subsequent EIR EA Final Document
Neg Dec (Prior SCH No.) Draft EIS Other
Mit Neg Dec Other FONSI
Local Action Type:
General Plan Update Specific Plan Rezone Annexation
General Plan Amendment Master Plan Prezone Redevelopment General Plan Element Planned Unit Development Use Permit Coastal Permit Community Plan Site Plan Land Division (Subdivision, etc.) Other Tree Permit Development Type:
Residential: Units 7 Acres 2.5
Office: Sq.ft. Acres Employees Transportation: Type
Commercial: Sq.ft. Acres Employees Mining: Mineral
Industrial: Sq.ft. Acres Employees Power: Type MW
Educational Waste Treatment: Type MGD
Recreational Hazardous Waste: Type
Water Facilities: Type MGD Other: 5 Attached Assessory Dwelling Units Project Issues Discussed in Document:
Aesthetic/Visual Fiscal Recreation/Parks Vegetation
Agricultural Land Flood Plain/Flooding Schools/Universities Water Quality Air Quality Forest Land/Fire Hazard Septic Systems Water Supply/Groundwater Archeological/Historical Geologic/Seismic Sewer Capacity Wetland/Riparian Biological Resources Minerals Soil Erosion/Compaction/Grading Growth Inducement Coastal Zone Noise Solid Waste Land Use
Drainage/Absorption Population/Housing Balance Toxic/Hazardous Cumulative Effects Economic/Jobs Public Services/Facilities Traffic/Circulation Other: Tribal Cultural & Wildfire Present Land Use/Zoning/General Plan Designation:
Present Land Use – Undeveloped / Zoning – Low Density Residential – Planned Development / General Plan Designation – Low Density Residential Project Description: (please use a separate page if necessary) See Attachment B
SCH #
Reviewing Agencies Checklist
Lead Agencies may recommend State Clearinghouse distribution by marking agencies below with and "X".
If you have already sent your document to the agency please denote that with an "S".
Air Resources Board S Office of Historic Preservation
Boating & Waterways, Department of Office of Public School Construction California Emergency Management Agency Parks & Recreation, Department of California Highway Patrol Pesticide Regulation, Department of S Caltrans District # 7 Public Utilities Commission
Caltrans Division of Aeronautics S Regional WQCB # 4
Caltrans Planning Resources Agency
Central Valley Flood Protection Board Resources Recycling and Recovery, Department of Coachella Valley Mountains Conservancy S.F. Bay Conservation & Development Commission Coastal Commission San Gabriel & Lower L.A. Rivers and Mtns Conservancy Colorado River Board San Joaquin River Conservancy
S Conservation, Department of Santa Monica Mountains Conservancy Corrections, Department of State Lands Commission
Delta Protection Commission SWRCB: Clean Water Grants
Education, Department of S SWRCB: Water Quality
Energy Commission SWRCB: Water Rights
S Fish & Wildlife Region # 5 Tahoe Regional Planning Agency Food & Agriculture, Department of Toxic Substances Control, Department of Forestry and Fire Protection, Department of Water Resources, Department of General Services, Department of
Health Services, Department of Other
Housing & Community Development Other
S Native American Heritage Commission
Local Public Review Period (to be filled in by lead agency) Starting Date November 10, 2021 Ending Date December 20, 2021 Lead Agency (Complete if applicable):
Consulting Firm: Environmental Science Associates Applicant: New Bridge Homes Address: 16755 Von Karman Avenue, Suite 200 Address: 500 Newport Center Drive, Suite 570 City/State/Zip: Irvine, CA 92606 City/State/Zip: Newport Beach, CA 92260 Contact: Michael E. Houlihan, AICP Phone: 949.344.2703
Phone: 949.753.7001
Signature of Lead Agency Representative: Date:
Authority cited: Section 21083, Public Resources Code. Reference: Section 21161, Public Resources Code. 11/9/21
Attachments
Notice of Completion & Environmental Document Transmittal Diamond Bar Crooked Creek Subdivision
Attachment A
Schools within two miles of the Project site include: Castle Rock Elementary School (0.75 miles), Evergreen Elementary School (1.4 miles), Shelyn Elementary School (1.9 miles), South Pointe Middle School (2.0 miles) and Diamond Bar High School (1.4 miles).
Attachment B
The Project includes the development of seven single-family residences, five attached accessory dwelling units, and associated infrastructure including a southward expansion of the existing Crooked Creek Drive and a maintenance access within the Proposed Development Area of the approximately 12.9-acre vacant Project Site. The Project consists of nine total lots: seven residential lots; one lot designated for the private roadway (i.e., southward expansion of Crooked Creek Drive); and one lot which includes the maintenance access and approximately 10.4 acres of retained undeveloped area. The single-family residences range in size from 3,893 square feet to 4,814 square feet up to 34 feet in height. Lots 2 through 6 also includes an attached accessory dwelling unit that range from 499 square feet to 600 square feet within the same structure as the single-family residence.
Crooked Creek Residential Subdivision 5-1 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
CHAPTER 5
Mitigation Monitoring and Reporting Program
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
BIO-1: Prior to the issuance of a grading permit, the
Project applicant shall submit a construction site
housekeeping plan that reduces construction
disturbances. The housekeeping plan shall adhere to the following measures:
Project Applicant Community Development
Department
Prior to
issuance of
grading permit
The Project disturbance limits shall be clearly
marked with construction fencing (or other
highly visible material), and
construction/materials staging and
vehicle/equipment maintenance and fueling
areas shall be located at least 100 feet away
from Brea Canyon Channel.
Project
Construction
Contractor
Community Development
Department
Prior to grading
All Project-related construction vehicle traffic
shall be restricted to established roads,
construction areas, and other designated
areas.
Project
Construction
Contractor
Community Development
Department
During grading
Construction Project-related vehicles shall
observe a daytime speed limit of 20 miles per
hour on streets within residential
neighborhoods and a speed limit of 15 miles
per hour on the Project site prior to the
construction of Crooked Creek Drive.
Project
Construction
Contractor
Community Development
Department
During
construction
All excavated, steep-walled holes or trenches
more than 2-feet deep shall be covered at the
close of each construction work day by plywood
or similar materials. If the trenches cannot be
Project
Construction
Contractor
Community Development
Department
During
construction
Exhibit B
5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-2 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
closed, one or more escape ramps constructed
of earthen-fill or wooden planks shall be
installed. Before such holes or trenches are
filled, they shall be thoroughly inspected for
trapped animals. In the case of trapped
animals, escape ramps or structures shall be
installed immediately to allow the animal(s) to
escape.
All food-related trash items such as wrappers,
cans, bottles, and food scraps shall be
disposed of in securely closed containers and
removed at least daily from the construction
site.
Project
Construction
Contractor
Community Development
Department
During
construction
Pets, such as dogs or cats, shall not be
permitted on the Project site during
construction to present harassment, injury, or
death of wildlife in the Project vicinity.
Project
Construction
Contractor
Community Development
Department
During
construction
Use of rodenticides and herbicides on the
Project site shall be restricted. All uses of such
compounds shall observe label and other
restrictions mandated by the U.S.
Environmental Protection Agency, California
Department of Food and Agriculture, and other
State and federal legislation.
Project
Construction
Contractor
Community Development
Department
During
construction
BIO-2: Prior to the issuance of a grading permit, the
Project applicant shall submit a Stormwater Pollution
Prevention Plan to the City of Diamond Bar Public
Works Department for approval that specifies the best
management practices (BMPs) that would be used to
prevent construction pollutants from contacting
stormwater, with the intent of keeping sedimentation or any other pollutants from moving offsite and into
receiving waters. The BMPs could include the following:
Project Applicant Public Works Department Prior to
issuance of
grading permit
Limiting grading to the minimum area
necessary for construction, operation and
decommissioning of the project (erosion
control);
Project
Construction
Contractor
Public Works Department During
construction
5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-3 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
Limiting vegetation disturbance/removal to the
maximum extent practicable (erosion control);
Implementing fiber rolls and sand bags around
drainage areas and the site disturbance
perimeter (sediment control);
Stockpiling and disposing of demolition debris
and soil properly (sediment control);
Installation of a stabilized construction
entrance/exit and stabilization of disturbed
areas (sediment control);
Proper protections for fueling and maintenance
of equipment and vehicles (non-stormwater);
Managing waste, aggressively controlling litter,
and implementing sediment controls (nonstormwater)
BIO-3: If removal of onsite trees and vegetation occurs during the non-nesting season (September 16 through
December 31), no nesting survey or biological monitor
are required.
If the removal of onsite trees and vegetation occurs
during the nesting season (January 1 through
September 15), the Project applicant shall provide the
City documentation that a qualified biologist has been
retained and would conduct a preconstruction nesting
survey no more than 3 days prior to the start of removal activities. The preconstruction nesting surveys shall
include areas within the proposed grading limits as well as areas that are within 500 feet of the proposed grading limits.
If an active nest is not found, no biological monitor is required. If active nests are detected, a minimum buffer (e.g., 300 feet for passerine [perching birds and
songbirds] or 500 feet for raptors and/or as determined to be appropriate by the qualified biologist for CESA or FESA listed bird species) around the nest shall be
delineated and flagged, and no construction activity shall occur within the buffer area until a qualified biologist determines the nesting species have fledged and is no
longer active or the nest has failed. The buffer may be modified (i.e., increased or decreased) and/or other
Project Applicant;
Biologist
Community Development
Department
Prior to
issuance of
grading permit
5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-4 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
recommendations proposed (e.g., a temporary
soundwall) as determined appropriate by the qualified
biologist to minimize impacts. The qualified biologist
shall monitor the removal of onsite trees and vegetation.
Nest buffer distance will be based on species, specific location of the nest, the intensity of construction
activities, existing disturbances unrelated to the
proposed Project, and other factors as determined by a
qualified biologist.
If construction activities using heavy equipment (i.e., graders, bulldozers, and excavators) continue through
the nesting season, weekly nesting bird surveys shall be conducted. Each nesting bird survey shall include the
work area and areas that are 500 feet from the work
area.
BIO-4: Prior to the issuance of a grading permit, a
protected tree replacement plan shall be submitted to
the City of Diamond Bar for approval. The plan shall
demonstrate at least a 3:1 in-kind replacement ratio. The protected tree replacement plan shall be comprehensive
and include the requirement for a certified arborist to evaluate trees prior to removal for infectious tree
diseases including but not limited to: sudden oak death (Phytophthora ramorum), thousand canker fungus
(Geosmithia morbida), polyphagous shot hole borer
(Euwallacea spp.), and goldspotted oak borer (Agrilus
auroguttatus). The protected tree replacement plan shall incorporate provisions for disease management using
best available management practices including: (1)
treated infected trees before removing them from the
Project site; (2) cleaning and disinfecting all pruning and power tools before and after use to prevent the
introduction and/or spread of pathogens; (3) and
irrigation avoidance within oak tree canopies. With the removal of protected trees within the proposed grading
limits that include a total of 4 coast live oaks and 58 southern California black walnuts, the Project applicant shall provide a replacement plan that includes at least 12 coast live oaks and 174 California black walnuts. The replacement trees shall include a combination of boxed
Project Applicant;
Biologist
Community Development
Department
Prior to
issuance of
grading permit
5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-5 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
trees within landscaped areas and seedlings and
smaller-sized container trees in the undisturbed
woodland areas of the Project site that is outside of the development area and fuel modification zones. If all of the replacement trees cannot be located on the Project
site, some replacement trees shall be located off-site at a location approved by the City. The protected tree
replacement plan shall also provide a methodology of
soil preparation, planting, monitoring, survival
percentages and maintenance as well as corrective
measures if survival percentages do not meet the
replacement ratio.
BIO-5: Due to potential habitat within the Project
footprint, within one year prior to Project implementation that includes site preparation, equipment staging, and
mobilization, a qualified biologist knowledgeable of
mountain lion species ecology should survey areas that
may provide habitat for mountain lions to determine
presence/absence and potential for natal dens. Caves
and other natural cavities, and thickets in brush and
timber provide cover and are used for denning. Females
may be in estrus at any time of the year, but in
California, most births are believed to occur in spring.
Surveys should be conducted when the species is most
likely to be detected, during crepuscular periods at dawn and dusk (Pierce and Bleich 2003). Survey results
including negative findings should be submitted to
CDFW prior to initiation of Project activities. The survey report should include a map of potential denning sites.
The survey report should include measures, such as
suspension of work until the qualified biologist can safely determine that the species has left the site, to avoid
impacts to mountain lions that may be in the area as well as dens and cubs, if necessary.
Project Applicant;
Biologist
Community Development
Department
Prior to
issuance of
grading permit
BIO-6: If potential habitat for natal-dens are identified during the survey required by Mitigation Measure BIO-5, avoidance of potential impacts to mountain lions,
especially during spring, to protect vulnerable cubs
should be implemented. Two weeks prior to Project
commencement, a qualified biologist should conduct a
Project Applicant;
Biologist
Community Development
Department
Prior to
issuance of
grading permit
5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-6 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
survey for mountain lion natal dens. The survey area
should include the construction footprint and the area
within 1,000 feet (or within the limits of the property line) of the Project disturbance boundaries. CDFW shall be
notified within 24 hours upon location of a natal den. If an active natal den is located, during construction
activities, all work shall cease. No work shall occur
within a 2,000-foot buffer from an active natal den. A
qualified biologist shall notify CDFW to determine the
appropriate course of action. CDFW shall also be
consulted to determine an appropriate setback from the
natal den that would not adversely affect the successful rearing of the cubs but allow construction activities to continue. No construction activities or human intrusion shall occur within the established setback until mountain lion cubs have been successfully reared; the mountain
lions have left the area; or as determined in consultation with CDFW.
BIO-7: If “take” or adverse impacts to mountain lion
cannot be avoided either during Project construction and over the life of the Project, Project proponent shall
consult CDFW and must acquire a CESA Incidental
Take Permit (pursuant to Fish & Game Code, §2080 et
seq.).
Project Applicant;
Biologist
Community Development
Department
Prior to
issuance of
grading permit
BIO-8: Prior to initiation of Project construction and
activities within or adjacent to suitable nesting habitat during least Bell’s vireo breeding season (March 15 –
September 15), a qualified biologist with experience
surveying for least Bell’s vireo shall conduct surveys
following USFWS established protocols to determine
whether breeding and nesting least Bell’s vireos are
present within 500 feet of the Project site. If least Bell’s vireo is present, no construction shall take place from March 15 through September 15. The results of the
survey will be submitted to the City and CDFW.
Project Applicant;
Biologist
Community Development
Department
Prior to
issuance of
grading permit
CUL-1: The Applicant shall retain an archaeologist who
meets the Secretary of the Interior’s Professional
Qualifications Standards for Archaeology (Qualified
Archaeologist) to carry out all mitigation related to
archaeological resources. Prior to start of groundProject Applicant; Archaeologist
Community Development
Department
Prior to
issuance of
grading permit
5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-7 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
disturbing activities, the Qualified Archaeologist or their designee (archaeological monitor) shall conduct cultural resources sensitivity training for all construction
personnel so that potential resources could be identified during construction activities and procedures for
encountering resources are understood by construction
personnel. Construction personnel shall be informed of
the types of archaeological resources that may be
encountered, the proper procedures to be enacted in the event of an inadvertent discovery of archaeological
resources or human remains, and safety precautions to
be taken when working with archaeological monitors.
The City shall ensure that construction personnel are
made available for and attend the training and retain
documentation demonstrating attendance.
CUL-2: Archaeological monitoring shall be conducted
during ground disturbing activities, such as
clearing/grubbing, grading, trenching, or any other
construction excavation activity associated with the
Project. Monitoring shall be conducted by the Qualified Archaeologist or the archaeological monitor who is
familiar with the types of archaeological resources that could be encountered and who will work under the direct supervision of the Qualified Archaeologist. Monitoring
can be reduced to part-time inspections or ceased
entirely if determined appropriate by the Qualified
Archaeologist, based on field observations. In the event that archaeological resources are unearthed during
ground-disturbing activities, the archaeological monitor shall be empowered to halt or redirect ground-disturbing activities away from the vicinity of the discovery until it has been evaluated. The archaeological monitor shall
keep daily logs detailing the types of activities and soils observed, and any discoveries.
Archaeological
monitor
Community Development
Department
During ground
disturbing
activities
5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-8 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
CUL-3: In the event of the unanticipated discovery of
archaeological materials, the Qualified Archaeologist or archaeological monitor shall immediately cease all work activities in the area (within approximately 100 feet) of the discovery until it can be evaluated by the Qualified Archaeologist. Construction shall not resume until the
Qualified Archaeologist has conferred with the City on
the significance of the resource. If it is determined that the discovered archaeological resource constitutes a
historical resource or unique archaeological resource
pursuant to CEQA, avoidance and preservation in place
shall be the preferred manner of mitigation. Preservation in place maintains the important relationship between
artifacts and their archaeological context and also
serves to avoid conflict with traditional and religious values of groups who may ascribe meaning to the
resource. Preservation in place may be accomplished
by, but is not limited to, avoidance, incorporating the resource into open space, capping, or deeding the site
into a permanent conservation easement. In the event
that preservation in place is determined to be infeasible and data recovery through excavation is the only
feasible mitigation available, an Archaeological
Resources Treatment Plan shall be prepared and
implemented by the Qualified Archaeologist that
provides for the adequate recovery of the scientifically consequential information contained in the
archaeological resource. The City shall consult with
appropriate Native American tribal representatives in
determining treatment for prehistoric or Native American resources to ensure cultural values ascribed to the
resources, beyond those that are scientifically important, are considered. The treatment plan shall include
provisions for the final disposition of the recovered
resources, which may include onsite reburial, curation at a public, non-profit institution, or donation to a local Native American Tribe, school, or historical society.
Archaeologist;
Archaeological
monitor
Community Development
Department
During ground
disturbing
activities
CUL-4: At the conclusion of archaeological monitoring
and prior to the release of the grading bond, the
Qualified Archaeologist shall prepare a final monitoring report. The report shall include a summary of monitoring Archaeologist Community Development
Department
Prior to
release of
grading bond
5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-9 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
results, description of resources unearthed, if any,
significance evaluation and treatment of the resources, and the results of the artifact processing, analysis, and research. Appropriate California Department of Parks
and Recreation 523 Forms shall be appended to the
report, as necessary. The report shall be submitted by
the Applicant to the City to signify the satisfactory
completion of the Project and required mitigation
measures. The Qualified Archaeologist shall submit the
final report to the South Central Coastal Information
Center within 30 days of its acceptance by the City.
CUL-5: If human remains are encountered, the
Applicant or its contractor shall halt work in the vicinity (within 100 feet) of the discovery and contact the Los
Angeles County Coroner in accordance with Public
Resources Code Section 5097.98 and Health and Safety
Code Section 7050.5, which requires that no further
disturbance shall occur until the County Coroner has
made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. If
the remains are determined to be of Native American
descent, the coroner has 24 hours to notify the Native
American Heritage Commission (NAHC). The NAHC
shall then identify the person(s) thought to be the Most Likely Descendent (MLD). The MLD may, with the
permission of the landowner, or his or her authorized
representative, inspect the site of the discovery of the Native American remains and may recommend to the
owner or the person responsible for the excavation work means for treating or disposing, with appropriate dignity, the human remains and any associated grave goods.
The MLD shall complete their inspection and make their
recommendation within 48 hours of being granted
access by the landowner to inspect the discovery. The
recommendation may include the scientific removal and
nondestructive analysis of human remains and items
associated with Native American burials. Upon the
discovery of the Native American remains, the
landowner shall ensure that the immediate vicinity,
according to generally accepted cultural or
archaeological standards or practices, where the Native Applicant;
Archaeologist;
Community Development
Department
During ground
disturbing
activities
5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-10 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
American human remains are located, is not damaged
or disturbed by further development activity until the
landowner has discussed and conferred, as prescribed
in this mitigation measure, with the MLD regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner
shall discuss and confer with the MLD on all reasonable options regarding their preferences for treatment.
If the NAHC is unable to identify an MLD, or the MLD
identified fails to make a recommendation, or the
landowner rejects the recommendation of the MLD and
the mediation provided for in Subdivision (k) of Section 5097.94, if invoked, fails to provide measures
acceptable to the landowner, the landowner or his or her authorized representative shall inter the human remains and items associated with Native American human
remains with appropriate dignity on the facility property in a location not subject to further and future subsurface disturbance.
PALEO-1: The Applicant shall retain a paleontologist
who meets the Society of Vertebrate Paleontology’s
(SVP, 2010) definition for Qualified Professional
Paleontologist to carry out all mitigation related to
paleontological resources. Prior to the start of grounddisturbing activities, the Qualified Professional Paleontologist or their designee (Paleontological
Resource Monitor who meets the definition in SVP 2010)
shall conduct construction worker paleontological
resources sensitivity training for all construction
personnel. Construction personnel shall be informed on
how to identify the types of paleontological resources
that may be encountered, the proper procedures to be
enacted in the event of an inadvertent discovery of
paleontological resources, and safety precautions to be taken when working with paleontological monitors. The
City shall ensure that construction personnel are made
available for and attend the training and retain
documentation demonstrating attendance.
Project Applicant;
Paleontologist
Community Development
Department
Prior to
issuance of
grading permit
5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-11 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
PALEO-2: Paleontological monitoring shall be
conducted during ground-disturbing activities below 5
feet in Quaternary alluvium and at all depths within the La Vida Member of the Puente Formation. Monitoring
shall be conducted by the Qualified Professional
Paleontologist or their designee (Paleontological
Resource Monitor working under the direct supervision
of the Qualified Professional Paleontologist. Monitoring shall follow the standard procedures of the Society of
Vertebrate Paleontology (SVP, 2010). Monitoring shall
consist of visually inspecting fresh exposures of rock for larger fossil remains and, where appropriate, collecting sediment samples to wet or dry screen to test promising horizons for smaller fossil remains. If the Qualified
Professional Paleontologist determines that full-time
monitoring is no longer warranted, based on the specific geologic conditions at the surface or at depth, the
Qualified Professional Paleontologist may recommend
that monitoring be reduced to periodic spot-checking or cease entirely.
Paleontological
monitor
Community Development
Department
During ground
disturbing
activities
PALEO-3: If a potential fossil is found, the Qualified
Professional Paleontologist or their designee
(Paleontological Resource Monitor) shall monitor
excavation activities and shall be allowed to temporarily divert or redirect grading and excavation activities in the area of the exposed fossil to facilitate evaluation of the discovery. An appropriate buffer area shall be
established by the Qualified Professional Paleontologist around the find where construction activities shall not be allowed to continue. Work shall be allowed to continue
outside of the buffer area. At the Qualified Professional Paleontologist or Paleontological Resource Monitor’s
discretion, and to reduce any construction delay, the
grading and excavation contractor shall assist in
removing rock/sediment samples for initial processing
and evaluation. If a fossil is determined to be significant, the Qualified Professional Paleontologist shall
implement a paleontological salvage program to remove
the resources from their location, following the
guidelines of the SVP (2010). Any fossils encountered
Paleontologist;
Paleontological
monitor
Community Development
Department
During ground
disturbing
activities
5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-12 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
and recovered shall be prepared to the point of
identification, catalogued, and curated at a public, nonprofit institution with a research interest in the material and with retrievable storage, such as the Natural History Museum of Los Angeles County, if such an institution
agrees to accept the fossils. If no institution accepts the fossil collection, they shall be donated to a local school in the area for educational purposes. Accompanying
notes, maps, and photographs shall also be filed at the repository and/or school.
If construction personnel discover any potential fossils during construction while the Qualified Professional
Paleontologist or Paleontological Resource Monitor is
not present, regardless of the depth of work or location, work at the discovery location shall cease in a 50-foot radius of the discovery until the Qualified Professional Paleontologist has assessed the discovery and
recommended and implemented appropriate treatment
as described earlier in this measure.
PALEO-4: At the conclusion of paleontological
monitoring and prior to the release of the grading bond, the Qualified Professional Paleontologist shall prepare a report summarizing the results of the monitoring and
salvage efforts, the methodology used in these efforts, as well as a description of the fossils collected and their significance. The report shall be submitted by the
Applicant to the City, the Natural History Museum of Los Angeles County, and representatives of other
appropriate or concerned agencies as determined by the
Qualified Professional Paleontologist to signify the
satisfactory completion of the Project and required
mitigation measures
Paleontologist Community Development
Department
Prior to release
of grading bond
NOISE-1: The operation of large bulldozers and drill rigs shall be prohibited within 115 feet of existing residential structures located east and west of the existing Crooked Creek cul-de-sac. Instead, small construction equipment such as small bulldozers, shall be used within this area during the duration of construction.
Project
Construction
Contractor
Community
Development
Department
During
construction
activities
5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-13 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
NOISE-2: The operation of loaded trucks traveling within the on-site unpaved surfaces, shall not occur within 105 feet of existing residential structures located immediately east and west of the existing Crooked Creek Drive culde-sac adjacent to the Project Site. A temporary asphalt surface shall be installed, extending Crooked Creek
Drive onto the Project Site to allow access for loaded
trucks within 105 feet from existing residential structures.
Project
Construction
Contractor
Community Development
Department
During
construction
activities
NOISE-3: During all phases of construction, trucks
traveling on paved surfaces (within the residential
roadway network) shall travel at speeds no greater than 15 miles per hour.
Project
Construction
Contractor
Community Development
Department
During
construction
activities
TCR-1: Prior to the commencement of any grounddisturbing activity at the Project Site, the Applicant shall retain a Native American monitor. The Native American
monitor shall be selected from a tribe that has requested that a monitor be present, and in which the Project Site is within their ancestral region of occupation. The Native American monitor shall only be present on-site during
the construction phases that involve ground-disturbing
activities. Ground-disturbing activities are defined as activities that may include, but are not limited to,
grubbing, tree removals, boring, grading, excavation,
drilling, and trenching. The Native American monitor
shall complete daily monitoring logs that shall provide descriptions of the day’s activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when all
ground-disturbing activities on the Project Site are
completed, or when the Native American monitor has
indicated that all upcoming ground-disturbing activities at the Project Site have little to no potential for impacting tribal cultural resources.
Applicant Community Development
Department
Prior to ground
disturbing
activities
TCR-2: In the event tribal cultural resources are
discovered during Project construction, construction
activities shall cease in the immediate vicinity of the find (not less than the surrounding 100 feet) until the find can be assessed. All tribal cultural resources unearthed by Project activities shall be evaluated by the Native
Project
Construction
Contractor;
Applicant;
Archaeologist
Community Development
Department
Prior to ground
disturbing
activities
5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-14 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
American monitor and the Qualified Archaeologist who
meets the Secretary of the Interior’s Professional
Qualifications Standards for Archaeology. If the tribal cultural resources are also historical resources or unique archaeological resources, the affected tribe, City, and Qualified Archaeologist will confer on the final
disposition of the resource(s), which may include onsite reburial, curation at a public, non-profit institution, or donation to the affected tribe. If the tribal cultural
resources are not also historical resources or unique
archaeological resources, the affected tribe will retain it/them in the form and/or manner the tribe deems
appropriate, for educational, cultural and/or historic
purposes. Work may continue in other parts of the
Project Site while evaluation and any required recovery activities take place. Preservation in place (i.e.,
avoidance) is the preferred manner of treatment. If
preservation in place is not feasible, treatment may
include implementation of archaeological data recovery
excavations to remove the resource along with
subsequent laboratory processing and analysis.