RESOLUTION NO. 2024-51
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH CERTIFYING THE FINAL
REVISED ENVIRONMENTAL IMPACT REPORT (SCH#2022110040)
FOR THE BOLSA CHICA SENIOR CARE COMMUNITY PROJECT
WHEREAS, Environmental Impact Report No. 21-004, State Clearinghouse #2022110040 ("EIR") was prepared by the City of Huntington Beach ("City") to address the environmental implications of the proposed Bolsa Chica Senior Care Community Project (the "Project"); located at approximately 2.81-acre parcel at the southwest corner of Warner Avenue and Bolsa Chica Street, requesting approval of various legislative and related approvals to allow for the future development of a senior care facility compromising up to 215,00 square feet and up to 159 senior dwelling units, including 124 assisted living units and 25 memory care units; and • On November 2, 2022, a Notice of Preparation for the Project was distributed to the State Clearinghouse, other responsible agencies, trustee agencies and interested parties; and • After obtaining comments received in response to the Notice of Preparation, the City completed preparation of the Draft EIR and filed a Notice of Completion with the State Clearinghouse on May 1, 2023; and
• The Draft EIR was circulated for public review and comment from May 1, 2023 to June 15, 2023 and was available for review at several locations including Community Development Department, City Clerk's Office, Central Library, and the City's website; and
• On August 22, 2023, the Planning Commission held a study session for the Project in the City Hall Council Chambers, located at 2000 Main Street, Huntington Beach, CA, on the Draft EIR and Project; and
• On September 26, 2023 the Planning Commission held a public meeting on the Final Environmental Impact Report ("Final EIR") for the original project and recommended certification of the Final EIR and approval of the original project to City Council by a vote of 601. A notice of the time, place and purpose of the public hearing was provided in accordance with the California Environmental Quality Act (CEQA). The environmental documents for the Project comprising of the DEIR, Final Environmental Impact Report (FEIR) which consists of Responses to Comments, Corrects and Additions to DEIR (collectively, the EIR), and Mitigation Monitoring and Reporting Program (MMRP), the draft Findings and Facts in Support of Findings (Findings), staff report, and evidence, both written and oral, were presented to and considered by the Planning Commission at this hearing; and
• On November 7, 2023, the City Council received public testimony during the public comment portion of the meeting on the original project and Final EIR, and continued the meeting on the original project and the Final EIR to December 19, 2023; and RESOLUTION NO. 2024-51
• The City Council subsequently continued the December 19, 2023 meeting to a future date uncertain; and
• The City conducted additional meetings with the public to provide opportunities for additional public comment on the original project and the Final Environmental Impact Report ("Final EIR"). A notice of the time, place and purpose of the additional public meetings was provided in accordance with the California Environmental Quality Act ( CEQA); and
• In response to public comments on the original project and Draft EIR and the original project, the applicant submitted a modified project proposal to the City; and • The City prepared a Revised Draft EIR evaluating the applicant's proposed modifications to the original project (the "modified project"), and filed a Notice of Completion regarding the Revised Draft EIR with the State Clearinghouse on June 20, 2024; and • The City provided public notice of the availability of the Revised Draft EIR for public review and comment from June 20, 2024 to August 19, 2024, and provided notice that the Revised Draft EIR was available for review at several locations including the Community Development Department, City Clerk's Office, Central Library, and the City's website:
and
• The City prepared responses to written public comments on the Revised Draft EIR, and prepared a Revised Final EIR, including responses to written comments on the Revised Draft EIR; and
• On September 10, 2024 the Planning Commission held a noticed public meeting on the modified project, and the Revised Final EIR, including responses to public comments on the Revised Draft EIR, received presentations and information by City staff and the City's CEQA consultant including additional responses to public comments on the Revised Draft EIR, and received comments by the public and the applicant. The Planning Commission continued the Planning Commission meeting to September 24, 2024; and • On September 24, 2024, the Planning Commission held an additional noticed public meeting on the modified project and Revised Final EIR, and received presentations by City staff and received additional comments by the public and the applicant; and • On September 24, 2024, the Planning Commission recommended that the City Council certify the Final EIR and approve the modified project by a vote of 4-3.
WHEREAS, public comments have been received on the Draft EIR, and responses to those comments have been prepared and provided to the City Council; and WHEREAS, Public Resources Code 21092.5(a) requires that the City of Huntington Beach provide a written response to any public agency that commented on the Revised Environmental Impact Report, and the Response to Comments included in the Final Revised Environmental Impact Report satisfies this provision; and
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RESOLUTION NO. 2024-51
WHEREAS, the City Council held a public meeting on the EIR on , 2024 and received and considered public testimony.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows:
SECTION 1. Consistent with CEQA Guidelines Section 15132, the Final Revised EIR for the Project is comprised of the Draft EIR and Appendices, the comments received on the Draft Revised EIR, the Responses to Comments (including a list of persons, organizations, and public agencies commenting on the Draft Revised EIR), the Text Changes to the Draft Revised EIR (bound together with the Responses to Comments) and all Community Development Department Staff Reports to the City Council, including all minutes, transcripts, attachments and references.
All of the above information has been and will be on file with the City of Huntington Beach Department of Community Development, 2000 Main Street, Huntington Beach, California 92648.
SECTION 2. The City Council finds and certifies that the Final Revised EIR is complete and adequate in that it has identified all significant environmental effects of the Project and that there are no known potential environmental impacts not addressed in the Final Revised EIR.
SECTION 3. The City Council finds that although the Final Revised EIR identifies certain significant environmental effects that will result if the Project is approved, all significant effects which can feasibly be mitigated or avoided have been mitigated or avoided by the incorporation of project design features, standard requirements, and by the imposition of mitigation measures on the approved Project. All mitigation measures are included in the "Mitigation Monitoring Reporting Program" attached as Exhibit A to this Resolution and incorporated herein by this reference.
SECTION 4. The City Council finds that the Final Revised EIR has described reasonable alternatives to the Project that could feasibly obtain the basic objectives of the Project, even when these alternatives might impede the attainment of Project objectives. Further, the City Council finds that a good faith effort was made to incorporate alternatives in the preparation of the Draft Revised EIR and that a reasonable range of alternatives was considered in the review process of the Final Revised EIR and ultimate decisions on the Project.
SECTION 5. The City Council finds that no "substantial evidence" (as that term is defined pursuant to CEQA Guidelines Section 15384) has been presented that would call into question the facts and conclusions in the EIR.
SECTION 6. The City Council finds that no "significant new information" (as that term is defined pursuant to CEQA Guidelines Section 15088.5) has been added to the Final Revised EIR after circulation of the Draft Revised EIR. The City Council finds that the minor refinements that have been made to the Project as a result of clarifications in the mitigation measures and EIR text do not amount to significant new information concerning the Project, nor has any significant new information concerning the Project become known to the City Council through the public hearings held on the Project, or through the comments on the Draft Revised EIR and Responses to Comments.
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RESOLUTION NO. 2024-51
SECTION 7. The City Council finds that the Mitigation Monitoring Reporting Program establishes a mechanism and procedures for implementing and verifying the mitigations pursuant to Public Resources Code 2108.6 and hereby adopts the Mitigation Monitoring Reporting Program. The mitigation measures shall be incorporated into the Project prior to or concurrent with Project implementation as defined in each mitigation measure.
SECTION 8. The City Council finds that the Final EIR reflects the independent review and judgment of the City of Huntington Beach City Council, that the Final Revised EIR was presented to the City Council, and that the City Council reviewed and considered the information contained in the Final Revised EIR prior to approving General Plan Amendment No. 21-004, Zoning Map Amendment No. 21-003, and Zoning Text Amendment No. 22-005 (Bolsa Chica Senior Care Community Project).
SECTION 9. The City Council finds that the Final Revised EIR serves as adequate and appropriate environmental documentation for the Project. The City Council certifies that the Final Revised EIR prepared for the Project is complete, and that it has been prepared in compliance with the requirements of the California Environmental Quality Act and CEQA Guidelines.
SECTION 10. If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences; clauses or phrases be declared invalid or unconstitutional
SECTION 11. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on , 2024
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
Mila
City Manager Director of Community Development
Exhibit A: Mitigation Monitoring Reporting Program
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DRAFT ENVIRONMENTAL IMPACT REPORT
BOLSA CHICA SENIOR INTO EACH, TA PROACT
APRIL 2023
Table 7.A: Mitigation and Monitoring Reporting Program
Responsible Party/ Timing for Mitigation
Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures Approving Agency Measure
4.1: Aesthetics
The proposed project would not result in any significant adversee impacts related to aesthetics. No mitigation is required.
4.2: Air Quality
RCM AQ-1 SCAQMD Rule 403. During clearing, grading, earth moving, or excavation operations, excessive Construction During clearing, fugitive dust emissions shall be controlled by regular watering or other dust preventative Contractor / City of grading, earth measures by using the following procedures, in compliance with South Coast Air Quality Huntington Beach moving, or Management District (SCAQMD) Rule 403 during construction. The applicable Rule 403 excavation operations.
• Apply nontoxic chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for 10 days or more). • Water active sites at least twice daily (locations where grading is to occur shall be thoroughly watered prior to earthmoving).
• Cover all trucks hauling dirt, sand, soil, or other loose materials, or maintain at least 2 feet (0.6 meter) of freeboard (vertical space between the top of the load and the top of the trailer) in accordance with the requirements of California Vehicle Code Section 23114. • Pave construction access roads at least 100 feet (30 meters) onto the site from the main road.
• Reduce traffic speeds on all unpaved roads to 15 miles per hour or less.
RCM AQ-2 All trucks that are to haul excavated or graded material shall comply with State Vehicle Code | Construction During clearing, Section 23114, with special attention to Sections 23114(b)(F), (e)(2), and (e)(4) as amended, Contractor / City of grading, earth regarding the prevention of such material spilling onto public streets and roads. Huntington Beach moving, or excavation
operations.
RCM AQ-3 Prior to approval of the project plans and specifications, the City of Huntington Beach shall Construction Prior to approval of Contractor / City of the project plans and
• Contractors shall use high-volume low-pressure paint applicators with a minimum transfer Huntington Beach specifications. • Coatings and solvents that will be utilized have a volatile organic compound content lower han required under SCAQMD Rule 1113; and
• To the extent feasible, construction/building materials shall be composed of pre-painte materials.
RCM AQ-4 The project shall comply with SCAQMD Rule 402. Rule 402 prohibits the discharge of air Construction During construction contaminants or other material from any type of operations, which can cause nuisance or Contractor / City of of the proposed annoyance to any considerable number of people or to the public or which endangers the Huntington Beach project. comfort or repose of any such persons, or the public.
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BOLSA CHICA SENIOR LIVING COMMUNITY PROJECT DRAFT ENVIRONMENTAL IMPACT REPORT HUNTINGTON BEACH, CALIFORNIA APRIL 2023
Table 7.A: Mitigation and Monitoring Reporting Program
Responsible Party/ Timing for Mitigation
Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures Approving Agency Measure
4.3 Cultural Resources
MM CUL-1 Archaeological Site Monitoring. Prior to the issuance of a grading permit, a City of Huntington Qualified Prior to the issuance Beach-approved archaeologist that meets the Secretary of the Interior's Professional Archaeologist of a grading permit.
Qualifications Standards for archaeology shall prepare an Archaeological Mitigation and Monitoring Plan (AMMP) for the proposed project. The AMMP shall include protocols for During construction- mitigation of any finds through a Research Design and Recovery Plan outlining significance related ground testing of the inadvertent finds, laboratory analyses, curatorial requirements, and reporting disturbance until the requirements. The AMMP shall include language that all work must be stopped within 50 feet archaeologist of an archaeological find while the find is assessed by the archaeologist and any Native determines that American monitors. there is a low
potential for
The City-approved archaeologist shall oversee archaeological monitoring of construction- encountering related ground disturbance. Monitoring shall continue until the archaeologist determines that subsurface there is a low potential for encountering subsurface archaeological, cultural, or tribal cultural archaeological, resources. In the event that archaeological cultural resources are identified during ground- cultural, or tribal disturbing project activities, the protocols outlined in the project's AMMP shall be cultural resources. implemented.
The proposed project would not result in any significant adverse impacts related to energy. No mitigation is required
4.5: Geology and Soils
MM GEO-1 A City of Huntington Beach (City)-approved Paleontologist shall be retained to observe grading City-approved Prior to the issuance Paleontologist / City of of any permits.
any permits the Paleontologist shall prepare a Huntington Beach Paleontological Resource Impact Management Plan (PRIMP) to orient the protocols for During grading or monitoring and fossil recovery. trenching activities
that cut into the
Pleistocene wave-cut
marine terrace units.
MM GEO-2 City-approved During pre-grade
Paleontologist / City of conference prior to
Huntington Beach grading operations.
the resources are deemed to be significant, the paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage Prior to disturbance Full-time monitoring and salvage efforts will be necessary whenever previously undisturbed of previously undisturbed
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DRAFT ENVIRONMENTAL IMPACT REPORT
BOLSA CHICA SENOR LINGTON BEACH, CAPEORECA
APRIL 2023
Table 7.A: Mitigation and Monitoring Reporting Program
Responsible Party/ Timing for Mitigation
Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures Approving Agency Measure the earth moving is 50 percent completed, monitoring may be reduced if no fossils are being sediments. recovered. The paleontologist shall be empowered to temporarily divert or direct grading operations to facilitate assessment and salvaging of exposed fossils. Collection and processing of matrix samples through fine screens will be necessary to salvage any micro-vertebrate remains. If a deposit of micro-vertebrates is discovered, matrix material can be moved off to identified to the most specific taxonomic level possible. All fossils stratigraphic data shall go to an institution with a research interest in the materials. A final report that details methods, fossils recovered, and their significance shall be prepared and submitted to the City, the client, and the institution curating the fossils. This document shall also show compliance with any and all requirements.
4.6: Greenhouse Gas Emissions
The proposed project would not result in any significant adverse impacts related to greenhouse gas emissions. No mitigation is required.
4.7: Land Use and Planning
The proposed project would not result in any significant adverse impacts related to land use and planning. No mitigation is required.
4.8: Noise
SC NOI-1 Prior to issuance of building permits, the City of Huntington Beach (City) Director of City of Huntington Prior to the issuance Community Development Department, or designee, shall verify that grading and construction Beach Director of of building permits plans include the following requirements: Community
Development
• Ensure that the greatest distance between noise sources and sensitive receptors during Department, or construction activities has been achieved. designee.
• Construction equipment, fixed or mobile, shall be equipped with properly operating and maintained noise mufflers consistent with manufacturers' standards. Noise disturbance coordinator.
• Construction staging areas shall be located away from off-site sensitive uses during the later phases of project development.
• The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site whenever feasible.
. The construction contractor shall use on-site electrical sources to power equipment rather than diesel generators where feasible.
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BOLSA CHICA SENIOR LIVING COMMUNITY PROJECT DRAFT ENVIRONMENTAL IMPACT REPORT HUNTINGTON BEACH, CALIFORNIA APRIL 2023
Table 7.A: Mitigation and Monitoring Reporting Program
Responsible Party/ Timing for Mitigation
Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures Approving Agency Measure • All residential units located within 500 feet of the construction site shall be sent a notice regarding the construction schedule. A sign, legible at a distance of 50 feet, shall also be posted at the construction site. All notices and the signs shall indicate the dates and duration of construction activities, as well as provide a telephone number for the "noise disturbance coordinator."
• A "noise disturbance coordinator" shall be established. The disturbance coordinator shall be responsible for responding to any local complaints about construction noise. The disturbance coordinator shall determine the cause of the noise complaint (e.g., starting so early, bad muffler, etc.) and shall be required to implement reasonable measures t educe noise levels. All notices that are sent to residential units within 500 feet of th construction site and all signs posted at the construction site shall list the telephone number for the disturbance coordinator.
4.9: Tribal Cultural Resources
MM TCR-1 Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities. Approved Native Prior to the A. The Applicant shall retain a Native American Monitor from or approved by the American Monitor commencement of Gabrieleño Band of Mission Indians - Kizh Nation (Kizh Nation) and the Juaneño Band of any ground- Mission Indians - Acjachemen Nation (Acjachemen Nation). The monitors shall be disturbing activities. 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, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.
B. A copy of the executed monitoring agreement shall be submitted to the City prior to the earlier commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity.
The monitors shall 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 Kizh Nation and the Acjachemen Nation. 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 "TCRs"), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of 7-6 P:\HBC2201.01\04.2 - Draft EIR\7.0 MMRP_4.10.23.docx «04/10/23»
DRAFT ENVIRONMENTAL IMPACT REPORT
BOLSA CHICA SENOR LINGTO COACH, CA PEORECA
APRIL 2023
Table 7.A: Mitigation and Monitoring Reporting Program
Responsible Party/ Timing for Mitigation
Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures Approving Agency Measure nonitor logs shall be provided to the Applicant and City upon written request to th izh Nation and the Acjachemen Natior
On-site tribal monitoring shall conclude upon the latter of the following: (1) written confirmation to the Kizh Nation and the Acjachemen Nation from a designated point of contact for the Applicant 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 Nation and the Acjachemen Nation to the Applicant and City that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh Nation and Acjachemen Nation TCRs.
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 Nation and Acjachemen Nation monitor and/or archaeologist. The Kizh Nation and Acjachemen Nation shall recover and retain all discovered TCRs in the form and/or manner the tribal groups deem appropriate and for any purpose the tribes deem appropriate, including for educational, cultural and/or historic purposes.
MM TCR-2 Unanticipated Discovery of Human Remains and Associated Funerary Objects. Construction During construction Native American human remains are defined in Public Resources Code (PRC) 5097.98 Contractor and County activities. (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal Coroner completeness. Funerary objects, called associated grave goods in PRC Section 5097.98, are also to be treated according to this statute.
If Native American human remains and/or grave goods are 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 (NAHC), and PRC Section 5097.98 shall be followed.
Human remains and grave/burial goods shall be treated alike per California PRC Sections 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 Nation P: \HBC2201.01\04.2 - Draft EIR\7.0 MMRP_4.10.23.docx «04/10/23» 7-7
BOLSA CHICA SENIOR LIVING COMMUNITY PROJECT DRAFT ENVIRONMENTAL IMPACT REPORT HUNTINGTON BEACH, CALIFORNIA APRIL 2023
Table 7.A: Mitigation and Monitoring Reporting Program
Responsible Party/ Timing for Mitigation
Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures Approving Agency Measure and Acjachemen Nation monitors determine 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 Nation and Acjachemen Nation monitors and/or archaeologists necessary). (CEQA Guidelines Section 15064.5(f).)
reservation in place (i.e., avoidance) is the preferred manner of treatment f scovered human remains and/or burial goods. Any historic archaeological materi. 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.
MM TCR-3 Procedures for Burials and Funerary Remains. Kizh Nation During construction If the Native American Heritage Commission designates the Kizh as the Most Likely activities.
Descendant ("MLD") for any human remains discovered or recognized on the project site, the Koo-nas-gna Burial Policy shall be implemented. To the Kizh Nation, 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.
8. trite ease en remain includes for or more buria, the dicer 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 ragments 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.
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 7-8 P:\HBC2201.01\04.2 - Draft EIR\7.0 MMRP_4.10.23.docx «04/10/23»
DRAFT ENVIRONMENTAL IMPACT REPORT
BOLSA CHICA SENOR LINGTO BRACH, CA PRORECA
APRIL 2023
Table 7.A: Mitigation and Monitoring Reporting Program
Responsible Party/ Timing for Mitigation
Approving Agency Measure
Draft EiR Mitigation Messes weakard undietor Ration tir make plane Measurecommend 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 that 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 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 6 months of recovery. The site of reburial/ repatriation shall be on the project site but at a location agreed upon between the Kizh Nation and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered.
G. The Kizh Nation 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 Kizh Nation, documentation shall be prepared and shall include (at a minimum) detailed descriptive notes and sketches. All data recovery-related forms of documentation shall be approved in advance by the Kizh Nation. If any data recovery is performed, once complete, a final report shall be submitted to the Kizh Nation and the NAHC. The Kizh Nation does NOT authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains.
4.10: Utilities and Service Systems
The proposed project would not result in any significant adverse impacts related to utilities and service systems. No mitigation is required.
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HUNTINGTON BEACH, CALIFORNIA
Table 7.B: Standard Conditions as Specified in the Initial Study Responsible Party/ Timing for Compliance
Standard Condition Approving Agency Measure
Aesthetics
SC AES-1 Photometric Plan. Prior to issuance of any building permits, the project Applicant shall Qualified Engineer / City Prior to the issuance prepare a photometric plan for review and approval by the City of Huntington Beach (City of Huntington Beach of any building Director of Community Development, or designee. The photometric plan shall be prepared b Director of Community permits. a qualified engineer and shall demonstrate, to the extent feasible, that the intensity an Development, or direction of all onsite outdoor lighting minimize spillage and glare onto adjacent propertie designee Agriculture and Forestry Resources
The proposed project would not require any standard conditions related to agriculture and forestry.
Biological Resources
SC BIO-1 Compliance with Migratory Bird Treaty Act (MBTA). Tree and vegetation removal shall be Qualified Biologist / Prior to tree and restricted to outside the active nesting season (February 1 through August 31). If construction City of Huntington vegetation removal if is proposed between February 1 and August 31, a qualified biologist familiar with local avian Beach Director of such removal is species and the requirements of the MBTA and the California Fish and Game Code shall Community proposed between Development, or February 1 and August
construction. The survey shall include the entire area that will be disturbed. For any active designee 31. active nest(s). The appropriate buffer shall be determined by the qualified biologist based on species, location, and the nature of the proposed activities. Project activities shall be avoided within the buffer zone until the nest is deemed no longer active, as determined by the qualified biologist.
Cultural Resources
SC CUL-1 Human Remains. In the event that human remains are encountered on the project site, work Construction Prior to issuance of within 50 feet of the discovery shall be redirected and the County Coroner notified Contractor and County grading permits. immediately consistent with the requirements of California Code of Regulations (CCR) Section Coroner / City of 15064.5(e). State Health and Safety Code Section 7050.5 states that no further disturbance Huntington Beach During construction shall occur until the County Coroner has made a determination of origin and disposition Director of Community activities. pursuant to Public Resources Code (PRC) Section 5097.98. If the remains are determined to Development, or be Native American, the County Coroner shall notify the Native American Heritage designee the permission of the City of Huntington Beach (City), the MLD may inspect the site of the NAHC. The MLD may recommend scientific removal and non-destructive analysis of human remains and items associated with Native American burials. Consistent with CCR Section 15064.5(d), if the remains are determined to be Native American and an MLD is notified, the City shall consult with the MLD as identified by the NAHC to develop an agreement for 7-10 P:\HBC2201.01\04.2 - Draft EIR\7.0 MMRP_4.10.23.docx «04/10/23»
DRAFT ENVIRONMENTAL IMPACT REPORT
BOLSA CHICA SENIOR INTO BEACH, TA PRORECA
APRIL 2023
Table 7.B: Standard Conditions as Specified in the Initial Study Responsible Party/ Timing for Compliance
Standard Condition Approving Agency Measure
treatment and disposition of the remains. Prior to the issuance of grading permits, the City Director of Community Development, or designee, shall verify that all grading plans specify the requirements of CCR Section 15064.5(e), State Health and Safety Code Section 7050.5, and PRC Section 5097.98, as stated above.
Geology and Soils
SC GEO-1 Compliance with the Recommendations in the Project Geotechnical Investigation Report. Construction Prior to issuance of The Construction Contractor shall implement the recommendations of the Geotechnical Contractor and Project building permits.
Investigation Report prepared for the project and applicable sections of the most current California Building Standards Code, the Uniform Building Code (UBC), and the Huntington Huntington Beach During construction Beach Building and Construction Code. Prior to issuance of building permits for the project, activities. the Project Soil Engineer shall review the building plans to verify that the structural design Huntington the eidians on the fetchical investigation Report, the UBC, and the SC HAZ-1 Soil Management Plan. The Construction Contractor shall implement the Soil Management Construction During excavation and Contractor / City of soil disturbing
Huntington Beach activities.
Director of Community
Development, or
SC HAZ-2 Asbestos and Lead-Based Paint Survey. Prior to initiation of construction activities on the desined Asbestos and Prior to initiation of Lead-Based Paint construction activities.
Professional / City of
Huntington Beach During demolition of
Developme community buildings.
designee
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Table 7.B: Standard Conditions as Specified in the Initial Study Responsible Party/ Timing for Compliance
Standard Condition Approving Agency Measure
Hydrology and Water Quality
Construction General Permit. Prior to issuance of a grading permit, the project Applicant Applicant / Director of Prior to issuance of shall obtain coverage under the State Water Resources Control Board (SWRCB) National the City of Huntington grading permit and Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Beach Public Works initiation of Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ Department, or construction activities.
National Pollutant Discharge Elimination System No. CAS000002, as amended by Orders No. designee 2010-0014-DWQ and 2012-0006-DWQ) (Construction General Permit). This shall include ubmission of Permit Registration Documents (PRDs), including a Notice of Intent to coverage under the permit to the State Water Resources Control Board (SWRCB) via th tormwater Multiple Application and Report Tracking System (SMARTs). The proje pplicant shall provide the Waste Discharge Identification Number (WDID) to the Director the City of Huntington Beach (City) Public Works Department, or designee, to demonstrate proof of coverage under the Construction General Permit. Project construction shall not be initiated until a WDID is received from the SWRCB and is provided to the Director of the City's Public Works Department, or designee. A Stormwater Pollution Prevention Plan (SWPPP) shall be prepared and implemented for the proposed project in compliance with the requirements of the Construction General Permit. The SWPPP shall identify construction best management practices (BMPs) to be implemented to ensure that the potential for soil erosion and sc wa-2 Applicant / Director of Prior to issuance of
the City of Huntington grading permit.
Beach Public Works
Department, or September 15th of
designee each year during
construction.
Di artin and edmen onto an anal to rect of the cal
SC wQ-3 Applicant / City Prior to the issuance of
Engineer, or designee grading or building
permits.
Disties and the tacorported cities of range out it in the 50, an e. Are Areavide. 7-12 P: \HBC2201.01\04.2 - Draft EIR\7.0 MMRP_4.10.23.docx «04/10/23»
DRAFT ENVIRONMENTAL IMPACT REPORT
BOLSA CHICA SENION INGTON BEACH, TA PRORECA
APRIL 2023
Table 7.B: Standard Conditions as Specified in the Initial Study Responsible Party/ Timing for Compliance
Standard Condition Approving Agency Measure
SC WQ-4 Prior to issuance of a
building permit.
County Hydrology Manual (Orange County Environment Agency 1986) and Orange County Hydrology Manual Addendum No. 1 (Orange County Environment Agency 1996), or subsequent guidance manuals. The Final Hydrology Study shall demonstrate that the on-site drainage facilities are designed and adequately sized to accommodate stormwater runoff from the project. The City Engineer, or designee, shall ensure that the drainage facilities specified in the Final Hydrology Study are incorporated into the final project design.
Mineral Resources
The proposed project would not require any standard conditions related to mineral resources.
The proposed project woul not require any standard conditions retled to noise and vibration.
Population and Housing
The proposed project would not require any standard conditions related to population and housing.
Public Services
SC PS-1 Payment of Fire Facilities Development Impact Fee. Prior to issuance of building permits, the Applicant / City of Prior to issuance of City of Huntington Beach (City) Director of Community Development, or designee, shall Huntington Beach building permits. onfirm that the project Applicant has paid all required Fire Facilities Development Impac Director of Community ees in accordance with Chapter 17.74.040, Fire Facilities Development Impact Fee, of th Development, or designee
SC PS-2 Payment of Police Facilities Development Impact Fee. Prior to issuance of building permits Applicant / City of Prior to issuance of the City Director of Community Development, or designee, shall confirm that the project Huntington Beach building permits. shaper 17 dall rice a lies Decide neve met lee or reen on an i Director of Community of the Huntington Beac Development, or
Municipal Code. designee
P: \HBC2201.01\04.2 - Draft EIR\7.0 MMRP_4.10.23.docx «04/10/23» 7-13 DRAFT ENVIRONMENTAL IMPACT REPOrT
UNTINGTON BEACH LUNA GO SENOR COMMUNITY PROSEC APRIL 2023 Table 7.B: Standard Conditions as Specified in the Initial Study Responsible Party/ Timing for Compliance
Standard Condition Approving Agency Measure
SC PS-3 Payment of School Development Fee. Prior to issuance of building permits, the project Applicant / City of Prior to issuance of Applicant shall submit proof to the City Director of Community Development, or designee, Huntington Beach building permits. that payment of applicable school facility development fees to the Ocean View School District Director of Community and the Huntington Beach Union High School District has been made in compliance with Development, or Section 65995 of the California Government Code. designee SC PS-4 Payment of Park Impact Fee. Prior to the issuance of building permits, the City Director of Applicant / City of Prior to issuance of Community Development, or designee, shall confirm that the project Applicant has paid all Huntington Beach building permits. required park in-lieu/park impact fees as established in Chapter 17.76.040 of the Huntington Director of Community Development, or
designee
SC PS-5 Payment of Library Impact Fee. Prior to the issuance of building permits, the City Director of Applicant / City of Prior to issuance of Community Development, or designee, shall confirm that the project Applicant has paid all Huntington Beach building permits. required Library Impact Fees as established in Section 17.67 of the Huntington Beach Director of Community Development, or
designee
Recreation
The proposed project would not require any compliance measures related to recreation.
Transportation
The proposed project would not require any compliance measures related to transportation.
SC UTL-1 ewer Feasibility Study. Prior to issuance of a grading or building permit, the project Applicar Qualified Civil Prior to issuance of hall submit a Sewer Feasibility Study prepared by a qualified civil engineer to the City o Engineer / City of grading or building Huntington Beach City Engineer, or designee, for review and approval. The Sewer Feasibility Huntington Beach permits.
Study shall include a review of the existing sewer system that would serve the project site to City Engineer, or confirm that it has available capacity to accept the wastewater flow generated by the proposed designee project's uses. Any required improvements shall be identified in the Sewer Feasibility Study.
The analysis, conclusions, and recommendations in the Sewer Feasibility Study shall be based on final design plans and shall be consistent with all applicable City reauirements, In the event The a des, ondus and sal recome in in he sever Feare that the Sewer Feasibility Study identifies insufficient sewer capacity to serve the proposed project, the project Applicant would be required to pay a fair-share portion of the cost to improve or replace sewer lines to ensure sufficient capacity.
Wildfire
The proposed project would not require any standard conditions related to wildfire. 7-14 P:\HBC2201.01\04.2 - Draft EIR\7.0 MMRP_4.10.23.docx «04/10/23»