To City:
Mayor
City of Irwindale
5050 North Irwindale Avenue
Irwindale, California 91706
To Employee:
Julian A. Miranda
On file with Human Resources Dept.]
Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service.
9. 4 Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee' s duties under this Agreement. Employee shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1125 of the Government Code, and all other similar statutory and administrative rules. Whenever any potential conflict arises or may appear to arise, the obligation shall be on Employee to seek legal advice concerning whether such conflict exists and Employee' s obligations arising therefrom.
9. 5 Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver ofthat term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
9. 6 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
9. 7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution and delivery by each party hereto.
9. 8 Mandatory Government Code Provisions. Government Code §§ 53243 - 53243. 4 require that contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of his office or position to provide reimbursement to the local agency for the following forms of payment: ( i) paid leave salary; ( ii) criminal defense costs; ( iii) cash settlement payments; and ( iv) any non -contractual settlement payments. Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter.
Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement:
53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
53243. L Reimbursement of legal criminal defense upon conviction of crime involving office or position.
53243. 2. Reimbursement of cash settlement upon conviction of crime involving office or position. Page 134 of 339
53243. 3. Reimbursement of noncontractual payments upon conviction or crime involving office or position.
53243. 4. " Abuse of office or position" defined.
Employee represents that Employee has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to Employee, including that Employee agrees that any cash settlement or severance related to the termination that Employee may receive from the City shall be fully reimbursed to the local agency if Employee is convicted of a crime involving an abuse of his or her office or position. The Government Code provisions referenced in this section are attached hereto in Exhibit " B".
9. 9 Independent Legal Advice. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or had the opportunity to do so, and the City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the parry or its representatives who drafted it or who drafted any portion thereof, IN WITNESS WHEREOF, the City of Irwindale has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and Employee has signed and executed this Agreement, all in triplicate.
SIGNATURES ON FOLLOWING PAGE]
ATTEST:
Nieto, Chief Deputy City Clerk
APPROVED AS1 ORM:
Adrian Guerra, City Attorney
CITY OF IRWINDALE
C
arry,KBurrola, Mayor
EMPLOYEE
J ian A. Miranda
M1_1...' .......`
r
City Manager Job Description]
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class.
Specifications are nol intended to reflect all duties peiformed within thejob.
SUMMARY DESCRIPTION
Under policy direction, plans, directs, manages and oversees the activities and operations of the City of Irwindale including the Community Development, Finance, Library, Police, Public Works, Recreation, and Senior Center Departments, Human Resources and City Clerk' s Offices; serves as chief executive officer of the City ensuring that public services are delivered in an efficient and effective manner; implements policy decisions made by the City Council; facilitates the development and implementation of City goals and objectives; and provides highly complex administrative support to the City Council,
REPRESENTATIVE DUTIES
The following duties are typical for this classification. Ineumbents may not perform all of the listed duties andlor may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.
I. Assumes full management responsibility for all City operations; assesses ongoing operational needs through department heads and determines best organizational structure to meet goals and objectives; develops, recommends and administers policies and procedures.
2. Directs the development and implementation ofthe City' s goals, objectives, policies andpriorities.
3. Establishes, within City policy, appropriate service and staffing levels; monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; allocates resources accordingly.
4. PIans, directs and coordinates, through department heads, the work plan for the City; assigns projects and programmatic areas of responsibility; reviews and evaluates work methods and procedures; meets with management staff to identify and resolve problems.
5. Assesses and monitors work load, administrative support systems, and internal reporting relationships; identifies opportunities for improvement.
6. Selects, motivates, and evaluates personnel; resolves personnel concerns and issues.
7. Oversees the development and administration ofthe City budget; approves the forecast offunds needed for staffing, equipment, materials and supplies; approves expenditures and implements budgetary adjustments as appropriate and necessary; keeps Council advised of financial conditions, prograrn progress, and present and future needs ofthe City.
8. Explains, justifies, and defends City programs, policies, and activities; negotiates and resolves sensitive and controversial issues.
9. Provides staff assistance to the City Council; prepares and presents staff reports and other necessary correspondence; provides advice and consultation to the City Council on the development and implementation of City programs and services.
10. Represents the City to all departments and outside agencies; coordinates City activities with those of other cities, counties and outside agencies and organizations.
CITY OF TRWllVbALE
City Manager ( Continued)
11. Confers with department heads and managers concerning administrative and operational problems, work plans, and strategic plans; makes appropriate decisions or recommendations; oversees the preparation and implementation oflong range plans for the City.
12. Serves as a resource for the City Council, department personnel, City staff, other organizations, and the public; coordinates pertinent information, resources, and work teams necessary to support a positive and productive environment.
13. Performs all duties as may be prescribed by City Council action; directs the preparation of plans and specifications for work that the City Council orders.
14. Attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of public administration.
15. Responds to and resolves difficult and sensitive citizen inquiries and complaints.
16. Performs related duties as required.
QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job andlor be learned within a short period oftime in order to successfully perform the assigned duties.
Knowled1ze of:
Operations, services, and activities of amunicipality.
Advanced principles and practices of public administration and local government administration.
Current social, political, and economic trends and operating characteristics/problems of municipal government.
Principles and practices of program development and administration. Government, council, and local and state legislative processes.
Principles and practices of fiscal and strategic planning.
Methods of analyzing, evaluating, and modifying administrative procedures.
Principles and practices of municipal finance and budget preparation and administration.
Methods and techniques for goal setting and program evaluation.
Principles of supervision, training, and performance evaluation.
Principles of effective public relations and interrelationships with community groups and agencies, the private sector, and other levels of government.
Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases.
Pertinent federal, state, and local codes, laws, and regulations.
Ability to:
Manage and direct the operations, services and activities of a major municipality. Plan, organize, and direct the work of staff.
Select, supervise, train, and evaluate staff. Delegate authority and responsibility.
Negotiate and resolve complex issues.
Identify and respond to sensitive community, organizational, and City Council issues, concerns, and needs.
Prepare clear and concise administrative and financial reports. Prepare and administer large and complex budgets.
Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of goals.
Research, analyze, and evaluate new service delivery methods and techniques. Interpret and apply federal, state, and local policies, laws, and regulations.
Respond to inquiries or complaints and explain regulations and procedures to the general public, members of the business community, and representatives of other agencies and organizations.
Effectively present information to top management, public groups, and/ or boards of directors.
Exercise sound, independent judgment within general policy guidelines.
Deal constructively with conflict and develop consensus.
Operate office equipment including computers and supporting word processing, spreadsheet, and database applications.
Communicate clearly and concisely, both orally and in writing.
Establish and maintain effective working relationships with those contacted in the course of work.
Education and Ex erience Guidelines - Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Education/ Trainin :
A Bachelor' s degree from an accredited college or university with major course work in public administration, business administration, or related field. A Master' s degree is desirable.
Experience:
Ten years of progressively responsible experience in municipal government including five years of management and administrative experience.
License or Certificate:
Possession of an appropriate, valid driver' s license.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative ofthose that must be met by an employee to successfully perform the essential functions ofthis job. Reasonable accommodations may be made to enable individuals with disabilities to perform these essential jobfunctions.
Environment: Work is performed primarily in a standard office environment with some travel to different sites; incumbents may be required to work extended hours including evenings and weekends and may be required to travel outside City boundaries to attend meetings.
Physical: Primary functions require sufficient physical ability and mobility to work in an office setting; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push, and/ or pull light to moderate amounts of weight; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; to travel to other locations using various modes of private and commercial transportation; and to verbally communicate to exchange information. ision: See in the normal visual range with or without correction.
Hearing: Hear in the normal audio range with or without correction.
Date: November 2016
Ralph Andersen & Associates
01005. 0004/ 758407. 7
EXHIBIT 44W
GOVERNMENT CODE SECTION 53243- 53243. 4
53243. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides paid leave salary offered by the local agency to the officer or employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243. 1. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides funds for the legal criminal defense of an officer or employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243.2. On or after January 1, 2012, any contract of employment between an employee and a local agency employer shall include a provision which provides that, regardless ofthe term of the contract, if the contract is terminated, any cash settlement related to the termination that an employee may receive from the local agency shall be fully reimbursed to the local agency if the employee is convicted of a crime involving an abuse of his or her office or position. 53243. 3. On or after January 1, 2012, if a local agency provides, in the absence of a contractual obligation, for any of the payments described in this article, then the employee or officer receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the employee or officer is convicted of a crime involving the abuse of his or her office or position.
53243. 4. For purposes of this article, " abuse of office or position" means either ofthe following:
a) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority.
b) A crime against public justice, including, but not limited to, a crime described in Title 5 ( commencing with Section 67), Title 6 ( commencing with Section 85), or Title 7 commencing with Section 92) ofPart 1 of the Penal Code. 01005. 0004/ 758407. 7
EXHIBIT " C"
AGREEMENT OF SEPARATION SEVERANCE AND GENERAL RELEASE
1. PARTIES
This Agreement of Separation, Severance, and General Release ( hereinafter referred to as the " AGREEMENT") is entered into by and between the City of Irwindale, a charter city and municipal corporation ( hereinafter referred to as " THE CITY'), and Julian A. Miranda, an individual ( hereinafter referred to as " EMPLOYEE").
2. RECITALS
2. 1. EMPLOYEE was hired by THE CITY as an at -will city manager effective serving at the pleasure of the City Council of THE CITY pursuant to a written contract, a
copy of which is attached hereto as Exhibit " A" (" THE CONTRACT'). EMPLOYEE is currently years old.
2. 2. THE CITY and EMPLOYEE desire that EMPLOYEE resign and enter into a severance agreement whereby EMPLOYEE receives severance compensation in exchange for executing a general release and waiver. of any and all claims that EMPLOYEE may have against THE CITY, including but not limited to its elected..and non -elected officials, employees, attorneys, and agents. Accordingly, the parties hereto'`intend by this AGREEMENT to mutually conclude any and all employment ; relationships between THE CITY . and ` EMPLOYEE by means of EMPLOYEE' s voluntary separation. as of This AGREEMENT sets forth the full and complete terms and conditions concluding EMPLOYEE' s employment relationship with the CITY and any obligations related thereto, including any provided under THE CONTRACT, 23 In accordance with this AGREEMENT and with applicable state and federal laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOYEE' s postemployment- rights, including but riot limited to, EMPLOYEE' s rights under the Consolidated Omnibus Budget Reconciliation Act of . 985 (" COBRA"), the Employee Retirement Income Security Act of 1974 (" ERISA"),: and the Health Insurance Portability and Accountability Act of 1996 (" IHIPAX")
3. 3. 1 EMPLOYEE shall receive payment to him at the time of his voluntary separation all earned salary, accrued fringe benefits as detailed in THE CONTRACT, and/ or all other wage compensation/ benefits owed to EMPLOYEE upon separation of employment, as required by law or THE CONTRACT or any other agreement with THE CITY.
3. 2. In exchange for the waivers and releases set forth herein, THE CITY shall also cause to be paid to EMPLOYEE an additional compensatory payment by means of severance, settlement and release in the form of a
lump sum amount of and
gents as set forth in THE CONTRACT in the form of a check made payable to EMPLOYEE to be mailed to EMPLOYEE at EMPLOYEE' s home address via certified mail return receipt requested within thirty ( 30) business days after the EFFECTIVE DATE ( as defined below) of this AGREEMENT.
2
3. 3
In exchange for the severance payment provided for herein, EMPLOYEE, and on behalf of EMPLOYEE' s spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges THE CITY, and each of its predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, through, under, or in concert with any of them, and each of them ( hereinafter referred to as " THE CITY PARTIES"), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which EMPLOYEE now has or may acquire in the future, or which EMPLOYEE ever had, relating to or'arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at anytime from the beginning of time up to and including , hereinafter referred to collectively as " CLAIMS"), without regard to whether such CLAIMS arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law.
EMPLOYEE expressly acknowledges that the CLAIMS forever barred. by this AGREEMENT specifically include, but are not limited to, claims based upon any alleged breach of THE CONTRACT or any other agreement of employment. any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIPAA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged breach of any express or..implied. contract for ;continued employment, any alleged employment discrimination or unlawful - discriminatory act;' or any claim or cause of action including, but not limited to, any and all claims whether. arising under. any federal, state or local law prohibiting breach of employment contract, wrongful r6inination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Co. mission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, Calif
Aornia
Government Code §§12, 900 et seq., the
mericans With Disabilities Act, Title VII o fthe Civil Rights Act of 1964, the Public Safety Officers Procedural Bill of Right Act,. and any other federal, state, or local human rights, civil rights, or employment discrimination or employee rights statute, rule, or regulation. 4.
SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER The
Age Dnscruninatnon in Employment Act of 1967 ( hereinafter referred to as the ADEA") makes itillegal for an employer todischarge any individual or otherwise discriminate with respect to the nature and privileges of an individual' s employment on the basis that the individual is age forty ( 40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the " OWBPA," 29 U.S.C. § 626, et seq., Pub L 101- 433, 104 Stat. 978 ( 1990)) finrther augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering into this AGREEMENT, EMPLOYEE acknowledges thathe knowingly andvoluntarily, forjust compensation inaddition to anything of value to which EMPLOYEE was already entitled, waives and releases any rights he may have under the ADEA and/or OWBPA. EMPLOYEE further acknowledges that he has been advised and understands, pursuant tothe provisions ofthe ADEA and OWBPA, that: a) This waiver/ release is written ina manner understood by EMPLOYEE; 3
b) EMPLOYEE is aware of, and/ or has been advised of, his rights under the AREA and OWBPA, and of the legal significance of his waiver of any possible claims he currently may have under the ADEA, OWBPA and/ or similar age discrimination laws; c) EMPLOYEE is entitled to a reasonable time of at Ieast twenty- one ( 21) days within which to review and consider this AGREEMENT and the waiver and release of any rights he may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of his own discretion, sign or reject this AGREEMENT at any time before the expiration of the twenty- one ( 21) days;
d) The waivers and releases set forth in this AGREEMENT shall not apply to any rights or claims that may arise under the ADEA and/ or. OWBPA after the EFFECTIVE DATE of this AGREEMENT;
e) EMPLOYEE has been advised by this writing that he should consult with an attorney pjior to executing this AGREEMENT;
f) EMPLOYEE has discussed this. waiver and release with, and been advised with respect thereto by, his counsel of choice, and that he does not need any additional time within which to review and consider this AGREEMENT,
g) EMPLOYEE has t sever ( 7)._ days following his execution of this AGREEMENT to revoke the AGREEMENT;
h) Notice of revocation within the seven ( 7) day revocation period must be provided, in writing, to THE CITY pursuant to .Paragraph 8. 9' herein, and must state, " I hereby revoke my acceptance of our Agreement of Severance and General Release;" and i) This AGREEMENT shall not be effective until all parties have signed the AGREEMENT and ten ( 10) days have passed 'since EMPLOYEE' s execution (" EFFECTIVE DATE"). `
5. UNKNOWN CLAIMS
In relation to ,..the release provisions of Paragraphs 3 and 4 above, EMPLOYEE understands that California Civil Code section 1542 reads as follows:
A general release does not extend to claims that the creditor or releasing parry does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
EMPLOYEE hereby waives the protection ofCalifornia Civil Code section 1542.
6. WAIVER OF ADDITIONAL CLAIMS
Ll
EMPLOYEE hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3, 4, and 5 above.
7. REPRESENTATIONS AND WARRANTIES
Each of the parties to this AGREEMENT represents and warrants to, and agrees with, each other party as follows:
7. 1. Advice of Counsel: The parties hereto:. have received independent legal advice from their respective attorneys concerning the advisability ofentering into and executing this AGREEMENT or have been given the opportunity to obtain such advice. The parties acknowledge that they have been represented by counsel of their own choice in the negotiation of this AGREEMENT, that they have read this AGREEMENT; that they 'have had this AGREEMENT fully explained to them by such counsel, or have had such opportunity to do so and that they are fully aware ofthe contents of this AGREEMENT and ofits legal effect.
7. 2. No Fraud in Inducement: No. party ;.(nor any officer, ?agent, employee, representative, or attorney of or for any party) has madeany statement orrepresentation orfailed to make any statement orrepresentation toany,. other party regarding any fact relied upon in entering into this AGREEMENT, and neither party reliies, upon any statement, representation, omission or promise of any other party inexecuting this AGREEMENT, or mi making the settlement provided for herein, except as expressly stated inthis AGREEMENT. 7.
3. Independent` Investigation; Each party to this AGREEMENT has made such investigation ofthe facts , pertai pertaining
thereto, as it deems n74.
Mistake the
risk of any misrepre. s.entat discover
that any fact relied P( fact
was concealed from it, or 1 party
shall not be entitled toan generality
ofthe foregoing any This
AGREEMENT is' intender any
claims of misrepresentation mistake
offact or law, or any of this
settlement and this and all the matters Waived:
In entering into this AGREEMENT, each party assumes on, by
concealment:
if
or.
in entering into
mistake.
this
If
AGREEMENT was
any party should
untrue,
subsequently
or
n
that any tat
its understanding ofthe facts or of the law was incorrect, such relief in connection therewith, including without limitation on the alleged right or claim to set aside or rescind this AGREEMENT. to be, and is, final and binding between theparties, regardless of promise made without the intent to perform, concealment offact, circumstance whatsoever. 7.
5. Later Discovery: The parties are aware that they may hereafter discover claims or facts in addition toor different from those they now know or believe to be true with respect tothe matters related herein. Nevertheless, itis the intention ofthe parties that EMPLOYEE fully, finally and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against THE CITY or THE CITY PARTIES. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.
7. 6. Indemnification: EMPLOYEE agrees to indemnify and hold harmless THE CITY or THE CITY PARTIES from, and against, any and all claims, damages, or liabilities sustained by them as a direct result of the violation or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this AGREEMENT. EMPLOYEE understands and agrees that he shall be exclusively liable for the payment of all taxes for which he is responsible, if any, as a result of his receipt of the consideration referred to in Paragraph 3 of this AGREEMENT. In addition, EMPLOYEE agrees fully to indemnify and hold the CITY PARTIES harmless for payment of tax obligations as may be required by any federal, state or local taxing authority, at any time, as a result ofthe payment ofthe consideration set forth in Paragraph 3 of this AGREEMENT.
7. 7. Future Cooperation & Consultation fees:, EMPLOYEE shall execute all such further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the provisions of this AGREEMENT EMPLOYEE shall. provide THE CITY with consultation services (including deposition or trial` testimony) in any litigation involving THE CITY which is reasonably related to acts or occurrences transpiring during his employment. Said services shall be provided as needed by THE CITY at a rate of,$I00.00.per hour.
7. 8. Return of Confidential Information And Property: Prior ' to the separation date, EMPLOYEE shall submit a written' inventory of, and return to the City Cleric, all City keys, equipment, computer identification cards or codes, and other equipment or materials or confidential documents provided to or obtained by EMPLOYEE during the course of his employment with THE CITY.
7. 9 No Pending Claims and/ or Actions: EMPLOYEE represents that he has not filed any complaints or charges against THE CITY or THE CITY PARTIES with any local, state or federal agency or court; that he will :not do so at any time hereafter for any claim arising up to and including . the EFFECTIVE DATE of this AGREEMENT; and that if any such agency or court assumes .jurisdiction of any such complaint or charge against THE CITY or THE CITY PARTIES on behalf of EMPLOYEE, whenever or where even filed, he will request such agency or court to withdraw from the matter forthwith.
7 0. Ownership of Claims: EMPLOYEE represents and warrants as a material terra of this AGREEMENT that EMPLOYEE has not heretofore assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the CLAIMS disposed of by this AGREEMENT. In exceuting this AGREEMENT, EMPLOYEE further warrants and represents that none of the CLAIMS released by EMPLOYEE thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/ or entity.
7. 11 Enforcement Fees and Costs: Should any legal action be required to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which that party may be entitled.
7. 12 Authori : Each party represents to the other that it has the right to enter into this AGREEMENT, and that it is not violating the terms or conditions of any other AGREEMENT to which they are a party or by which they are bound by entering into this AGREEMENT. The parties represent that they will obtain all necessary approvals to execute this AGREEMENT. It is further represented and agreed that the individuals signing this AGREEMENT on behalf of the 2
respective parties have actual authority to execute this AGREEMENT and, by doing so, bind the party on whose behalf this AGREEMENT has been signed.
S. MISCELLANEOUS
8. 1. No Admission: Nothing contained herein shall be construed as an admission by THE CITY of any liability of any kind. THE CITY denies any liability in connection with any claim and intends hereby solely to avoid potential claims anchor litigation and buy its peace.
8. 2. Governing Law: This AGREEMENT:.:has been executed and delivered within the State of California, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws ofthe State of California.
8. 3. Full Integration:ion: This AGREEMENT is the:. entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This AGREEMENT may be amended only by a further agreement in writing, signed by the parties hereto.
8. 4. Continuiniz Benefit: This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successors in interest.:.:..,...
8. 5. Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the parties agree that same shall not be construedagainst any party::
8. 6. Severabilf :..: In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to :be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, : covenant, _condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect.
87. Titles: The. titles included in this AGREEMENT are for reference only and are not part of its terns, nor do they in any way modify the terms of this AGREEMENT.
8. 8 Counteparts: This AGREEMENT may be executed in counterparts, and when each party has signed acid delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.
8. 9. Notice: Any and all notices given to any party under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party' s discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given on the date of personal service or three ( 3) consecutive calendar days following deposit of the same in the United States mail.
7
As to EMPLOYEE:
At EMPLOYEE' s home address on file with THE CITY.
As to THE CITY:
Mayor
City of Irwindale
5050 North Irwindale Avenue
Irwindale, California 91706
IN WITNESS WHEREOF, THE CITY has caused this 'AGREEMENT to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, EMPLOYEE has signed and executed this Agreement, and the attorneys for=THE CITY aril EMPLOYEE, if any, have approved as to form as of the dates written below.'
Adrian Guerra, City Attorney
EMPLOYEE' s LAW FIRM]
Counsel]
Resolution No. 2024-101-3578
RESOLUTION NO. 2025-09-3597
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE APPROVING THE SECOND AMENDMENT TO THE
CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF IRWINDALE AND JULIAN A. MIRANDA
WHEREAS, Julian A. Miranda (“Employee”) commenced services as the City Manager of the City effective February 14, 2022 pursuant to the City of Irwindale City Manager Employment Agreement (the “Agreement”) between Employee and the City; and
WHEREAS, on August 28, 2024, the City Council and Employee entered into the First Amendment to the Agreement (“First Amendment”); and WHEREAS, the City Council now desires to approve the Second Amendment to the Agreement, a copy of which is attached hereto, in order to: i) provide a base salary increase from city manager salary Step D to Step E effective February 14, 2025; ii) provide a four percent (4%) base salary increase as a cost of living adjustment effective the first full payroll period on or after July 1, 2025; iii) extend the term of the Agreement until February 15, 2026; iv) revise language pertaining to Employee’s retiree medical benefit to reflect that CalPERS may determine Employee’s hire date for purposes of retiree medical to be before January 1, 2011; v) revise language pertaining to Employee’s CalPERS retirement formula to reflect that CalPERS may determine Employee’s hire date for purposes of his retirement formula to be before January 1, 2011; and vi) provide that Employee will pay an additional one percent (1%) as CalPERS cost sharing effective the first full payroll period on or after July 1, 2025.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The Second Amendment to the City Manager Employment Agreement between the City of Irwindale and Julian A. Miranda, a copy of which is attached hereto, is hereby approved.
SECTION 3. The Mayor is authorized to execute the Second Amendment to the City Manager Employment Agreement on behalf of the City subject to City Attorney approval as to form.
SECTION 4. This Resolution shall immediately take effect upon passage.
Resolution No. 2025-09-3597
PASSED, APPROVED AND ADOPTED this 8th day of January 2025. ___________________________
Larry G. Burrola, Mayor
ATTEST:
___________________________________
Laura Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2025-09-3597 was duly and regularly passed and adopted by the City Council of the City of Irwindale at its regular meeting held on the 8th day of January 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
___________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
01005.0004/1034159.3
SECOND AMENDMENT TO
CITY OF IRWINDALE
CITY MANAGER EMPLOYMENT AGREEMENT
This SECOND AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT (the “Second Amendment”) is made and entered into January 8, 2025, by and between the CITY OF IRWINDALE, a charter city and municipal corporation (“City”) and JULIAN A. MIRANDA, an individual (“Employee”).
R E C I T A L S
WHEREAS, Employee commenced services as the City Manager of the City on February 14, 2022 pursuant to the City Manager Employment Agreement (“Agreement”) between Employee and the City (collectively “Parties”); and
WHEREAS, Section 9.2 of the Agreement provides that it “may be amended at any time by the mutual consent of the parties by an instrument in writing, which amendment shall require approval by the affirmative vote of three (3) members of the Council[;]” and WHEREAS, pursuant to Resolution No. 2023-22-3400 adopted by the City’s City Council on March 8, 2023, the City provided Employee a five percent (5%) base salary increase pursuant to Section 2.2 of the Agreement, moving Employee from city manager salary Step C to Step D; and
WHEREAS, on August 28, 2024, the City and Employee entered into the First Amendment to the Agreement (“First Amendment”); and
WHEREAS, the Parties now desire to further amend the Agreement to: i) provide a base salary increase from city manager salary Step D to Step E effective February 14, 2025; ii) provide a four percent (4%) base salary increase as a cost of living adjustment effective the first full payroll period on or after July 1, 2025; iii) extend the term of the Agreement until February 15, 2026; iv) revise language pertaining to Employee’s retiree medical benefit to reflect that CalPERS may determine Employee’s hire date for purposes of retiree medical to be before January 1, 2011; v) revise language pertaining to Employee’s CalPERS retirement formula to reflect that CalPERS may determine Employee’s hire date for purposes of his retirement formula to be before January 1, 2011; and vi) provide that Employee will pay an additional one percent (1%) as CalPERS cost sharing effective the first full payroll period on or after July 1, 2025; and WHEREAS, Employee desires to accept and agrees to these employment terms from the City as set forth in this Second Amendment; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and Employee hereby agree as follows:
AGREEMENT
SECTION 1. The above recitals are incorporated by reference as if set forth in full herein.
01005.0004/1034159.3
SECTION 2. Section 2.1 of the Agreement shall be amended to read, in its entirety, as follows :
“2.1 Compensation. For the services rendered pursuant to this Agreement, Employee’s base annual compensation is currently Two Hundred and Fifty Three Thousand Five Hundred and Twenty Three Dollars and No Cents ($253,523.00) annually (“Salary”) (equivalent to salary range 88, Step D), which shall continue to be paid on a pro-rated basis bi-weekly at the same time as other employees of the City are paid. Such Salary shall be adjusted for payroll taxes, workers’ compensation, and other payroll-related liability costs.
Effective February 14, 2025 Employee’s base annual Salary shall be increased to the Step E salary range for the position of city manager, such that his new base annual Salary effective as of that date shall be Two Hundred and Sixty Six Thousand One Hundred Ninety Nine Dollars and No Cents ($266,199.00).
Effective the first full payroll period on or after July 1, 2025, Employee’s base annual Salary shall be increased by four percent (4%) as a cost of living adjustment such that his Salary as of that date shall be Two Hundred and Seventy Six Thousand Eight Hundred and Forty Six Dollars and No Cents ($276,846.00). (This cost of living Salary adjustment is equivalent to that to be given to Irwindale Management Employees Association (“IMEA”) represented employees as of July 1, 2025, pursuant to the Memorandum of Understanding By and Between the City of Irwindale and [IMEA] July 1, 2024 – June 30, 2027.)”
SECTION 3. Section 3.2 of the Agreement shall be amended to read, in its entirety, as follows:
“3.2 Term. The term of this Agreement commenced as of the Effective Date and will be until February 15, 2026 and, thereafter, the term of this Agreement may be extended for such an additional term(s) as Employee and City Council mutually deem appropriate, as evidenced by a writing signed by both parties.” SECTION 4. Section 6.5 of the Agreement shall be amended to read, in its entirety, as follows:
“6.5 Medical, Dental, Vision and Other Insurance. The City shall provide to Employee the same group medical, dental, and vision insurance plans offered to Unclassified Management Employees under the Department Head Benefits Resolution, as it may be amended from time to time. The City shall provide and pay for a life insurance policy for Employee with coverage in the amount of One Hundred Fifty Thousand Dollars and No Cents ($150,000.00), as well as coverage for spouse and eligible dependent children in the amount of Five Thousand Dollars and No Cents ($5,000.00) each. The City shall also provide and pay for an accidental death and dismemberment (“AD&D”) insurance policy for Employee
01005.0004/1034159.3
only in the amount of One Hundred Fifty Thousand Dollars and No Cents ($150,000.00).
In the event that Employee can demonstrate, to the satisfaction of the City, that he has obtained substantially equivalent medical, dental and vision coverage through some other insurance plan in lieu of City-provided insurance, then so long as Employee maintains such medical, dental and vision insurance coverage, he shall be entitled to reimbursement from the City of one-half (1/2) of the average monthly cost to the City for single employee medical coverage only. The City shall have the sole and unfettered right to determine whether Employee has satisfactorily demonstrated substantially equivalent medical, dental and vision coverage, and Employee must, at least annually, provide written proof of such substantially equivalent medical, dental, and vision coverage in a form satisfactory to the City.
Any such reimbursement payment described in this paragraph shall be made biweekly through the regular payroll system, and such payment shall not add to Employee’s base pay.
Employee shall be eligible for retiree medical consistent with that provided to Unclassified Management Employees based on hire date as determined by CalPERS and subject to the terms and qualifications for receipt of such retiree medical benefits afforded to Unclassified Management Employees under the Department Head Benefits Resolution, as follows:
i) In the event CalPERS determines Employee’s hire date for purposes of retiree medical to be prior to January 1, 2011, then Employee shall be provided retiree medical benefits consistent with that provided to Unclassified Management Employees hired before January 1, 2011, subject to the terms and qualifications for receipt of such retiree medical benefits afforded to Unclassified Management Employees under the Department Head Benefits Resolution. The City currently pays one hundred percent (100%) of the premium for any CalPERS medical plan, inclusive of eligible dependents as defined by CalPERS, so long as the employee remains eligible for CalPERS medical coverage.
ii) In the event CalPERS determines Employee’s hire date for purposes of retiree medical to be on or after January 1, 2011, then Employee shall be provided retiree medical for Unclassified Management Employees hired on or after January 1, 2011, subject to the terms and qualifications for receipt of such retiree medical benefits afforded to Unclassified Management Employees under the Department Head Benefits Resolution. Such retiree medical benefit will be implemented in accordance with the CalPERS Health Benefit Vesting Resolution No. 2010-49-2479, which mirrors the state plan for contribution levels. The resolution requires ten (10) years of service, five (5) years of which is with Irwindale, for fifty percent (50%) contribution of state designated amount towards retiree medical premium and twenty (20) years of service, five (5) years of which is with Irwindale, for one hundred percent (100%) contribution of state designated amount
01005.0004/1034159.3
towards retiree medical premium for any CalPERS medical plan.
Contribution levels shall be as follows:
Credited Years
of PERS
Service (5 of
which must be
performed at
the City of
Irwindale)
Percentage
of
Contribution
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20+ 100%
Notwithstanding the foregoing, Employee acknowledges that his hire date for purposes of retiree medical is determined by CalPERS, and that he will be provided retiree medical consistent with CalPERS’ determination, and applicable laws and regulations.
Employee shall be eligible to participate in the City’s Internal Revenue Code section 125 and 129 Flexible Spending Account plans, which are administered through a vendor selected at the City’s sole discretion. The City’s FSA plans presently maintain a cap of Five Thousand Dollars ($5,000) for dependent care expenses and Two Thousand Six Hundred Dollars ($2,650) for health care
01005.0004/1034159.3
expenses, which caps may be adjusted based on revisions to IRS regulations.
Employee’s participation in such plans is voluntary and Employee shall be solely responsible for any desired plan contributions. The Parties agree that the City has not provided legal or tax advice to Employee as to whether dependent care and health care expenses are legally tax deductible to or by Employee.
SECTION 5. Section 6.6 of the Agreement shall be amended to read, in its entirety, as follows:
“6.6 PERS. Based on information provided to the City by CalPERS, Employee is believed to be a tier 1 “classic” member of CalPERS participating in the City’s 2% at 55 formula for miscellaneous employees hired before January 1, 2011 (for CalPERS retirement formula purposes). Such formula is subject to the following CalPERS contract provisions: (i) Fourth level of 1959 Survivors Program; (ii) Military service as public service; (iii) average monthly pay rate and special compensation for highest twelve (12) consecutive months; (iv) improved nonindustrial disability allowance; (v) post-retirement survivor allowance; and (vi) credit for unused sick leave. The City shall pay the full employer CalPERS contribution. The employee contribution of 7% shall be paid by Employee.
Effective the first full payroll period on or after July 1, 2025, Employee shall contribute an additional one percent (1.0%) of compensation earnable as cost sharing toward the City’s required employer contribution to CalPERS, via payroll deductions pursuant to an amendment to the City’s contract with CalPERS under California Government Code Section 20516(a). If for any reason the City is not able to make any of the cost sharing deductions set forth above, the cost sharing will be implemented outside of a CalPERS contract amendment as authorized by California Government Code Section 20516(f). This cost sharing contribution will be in addition to the seven percent (7%) statutory employee contribution already paid by Employee and will increase Employee’s contribution to a total of eight percent (8%) total.
Notwithstanding the foregoing, Employee acknowledges that his CalPERS member status and applicable retirement formula is determined by CalPERS based on the requirements of the City’s CalPERS contract, the Public Employees Retirement Law and the Public Employees’ Pension Reform Act, and that he will be enrolled in the appropriate retirement plan as determined by CalPERS.” SECTION 6. Except as expressly amended by this Second Amendment and the First Amendment, all provisions of the Agreement, shall remain unchanged and in full force and effect.
From and after the date of this Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Second Amendment and the First Amendment to the Agreement.
01005.0004/1034159.3
IN WITNESS WHEREOF, the CITY OF IRWINDALE has caused this Second Amendment to be signed and executed on its behalf by its City Manager, and duly attested by its officers thereunto duly authorized, and EMPLOYEE has signed and executed this Second Amendment, all in triplicate.
[SIGNATURES ON FOLLOWING PAGE]
CITY OF IRWINDALE
Larry G. Burrola, Mayor
ATTEST:
Laura Nieto, Chief Deputy City Clerk
APPROVED AS TO FORM:
Adrian Guerra, City Attorney
EMPLOYEE
Julia A. Miranda
Item #21.A.
Date: January 8, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Consideration of Appointment of ICF Boardmember
Executive Director's Recommendation:
Adopt Resolution No. 2025-10-3598 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE APPOINTING ONE RESIDENT REPRESENTATIVE MEMBER TO THE IRWINDALE COMMUNITY FOUNDATION FOR A TERM EXPIRING JUNE 30, 2026".
Administrative Action:
Submitted by:
Theresa Olivares, Assistant City Manager
Prepared by:
Laura Nieto, Chief Deputy City Clerk
Reviewed by:
Adrian R. Guerra, City Attorney
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
On October 10, 2018, the City Council adopted Resolution No. 2018-72-3066 establishing a Non-Profit Community Foundation for the purpose of accepting and using funds donated to the City for community purposes.
On July 24, 2024, the City Council adopted Resolution No. 2024-50-3527 thereby appointing thenMayor Albert F. Ambriz as the City Council representative and Vanessa Duran and Nathan Romero as the Resident representatives to the Board for terms expiring June 30, 2026. On December 11, 2024 the City Council adopted Resolution No. 2024-104-3581 appointing current ICF Resident Representative Nathan Romero to the Irwindale Parks & Recreation Commission.
On December 12, 2024 a citywide mailer was sent to all Irwindale households soliciting applications for the Resident vacancies in accordance with the requirements of the Maddy Act (Gov’t Code § 54970, et seq.). The following residents submitted their applications for consideration of appointment to fill an unscheduled vacancy with a term ending June 30, 2026:
• Dena Zepeda
• Pat Gonzales
• Dominique Reyes
All directors of the Board shall be appointed by a majority vote of the City Council, and all vacancies on the Board shall be filled by appointment by a majority vote of the City Council. Directors of the Board may be removed with or without cause by a majority vote of the City Council. It would now be appropriate for the City Council to appoint one (1) Irwindale Resident Representative to fill an unscheduled vacancy with a term expiring June 30, 2026.
Fiscal Impact:
There is no fiscal impact associated with this action.
Attachments:
1. Resolution No. 2025-10-3598 ICF Unscheduled Resident Vacancy
2. Dena Zepeda
3. Pat Gonzales
4. Dominique Reyes
Resolution No. 2025-10-3598
RESOLUTION NO. 2025-10-3598
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
APPOINTING A RESIDENT REPRESENTATIVE MEMBER TO THE
IRWINDALE COMMUNITY FOUNDATION FOR TERM
EXPIRING JUNE 30, 2026
WHEREAS, on October 10, 2018, the City Council adopted Resolution No. 2018-72-3066 establishing a Non-Profit Community Foundation for the purpose of accepting and using funds donated to the City for community purposes; and WHEREAS, on February 13, 2019, the City Council approved the Articles of Incorporation and the Bylaws of the Irwindale Community Foundation that states the board of directors (“Board”) shall be five (5) members, who serve staggered terms of four (4) years, and shall be composed of the following: one sitting member of the Irwindale City Council; two (2) residents of the City of Irwindale, who shall not be employees, commissioners, or elected officials of the City of Irwindale and two (2) representatives of businesses located in the City of Irwindale, who shall not be employees, commissioners, or elected officials of the City of Irwindale; and WHEREAS, on July 24, 2024, the City Council adopted Resolution No. 2024-50-3527 thereby appointing then-Mayor Albert F. Ambriz as the City Council representative and Vanessa Duran and Nathan Romero as the Resident representatives to the Board for terms expiring June 30, 2026; and WHEREAS, on December 11, 2024 the City Council adopted Resolution No. 2024-104-3581 appointing current ICF Resident Representative Nathan Romero to the Irwindale Parks & Recreation;
WHEREAS, on December 12, 2024 a citywide mailer was sent to all Irwindale households soliciting applications for the Resident vacancies in accordance with the requirements of the Maddy Act (Gov’t Code § 54970, et seq.); and
WHEREAS, two (2) residents submitted applications for consideration of appointment to the Board by the deadline of December 30, 2024; and WHEREAS, all directors of the Board shall be appointed by a majority vote of the City Council, and all vacancies on the board shall be filled by appointment by a majority vote of the City Council. Directors of the Board may be removed with or without cause by a majority vote of the City Council; and WHEREAS, the City Council now desires to appointment one (1) resident representatives to the Irwindale Community Foundation Board for full terms expiring June 30, 2026.
Resolution No. 2025-10-3598
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
IRWINDALE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Pursuant to bylaws of the Irwindale Community Foundation, the following is hereby appointed as a Resident representative of the Irwindale Community Foundation Board for terms expiring June 30, 2026:
___________________
Section 2. The Chief Deputy City Clerk shall certify to the adoption of this Resolution and shall transmit a certified copy thereof to the newly appointed member.
PASSED, APPROVED, and ADOPTED this ______ day of January 2025. __________________________
Larry G. Burrola, Mayor
ATTEST:
_____________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2022-65-3315
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2025-10-3598 was adopted at an regular meeting of the Irwindale City Council held on the ____ day of January 2025, by the following vote of the Council:
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers:
_________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
Address:
OccupatioP.:
Employer:
Address:
Home Phone:
RECEIVED
DEC 1 6 2024
Cl1Y OF IRWINDALE
CITY CLERKS DEPT.
IRWINDALE
UHHIUNlTY FOllNDATlON
APPLICATION FOR APPOINTMENT
TO IRWINDALE COMMUNITY FOUNDATION
.
Keurea. voiumee
Not Applicable
N /A
( ) Business Phone:
Years in Irwindale: LO Registered Voter? _y_e_s ________ _ ~--------~ Educational background I degree: Bachelors and Masters Degrees, Organizational Leadership Licenses or Special Certificates: -------------------------- List any Irwindale, Los Angeles County, or other City committee, board or commission on which you presently serve or have served. and the year served. Senior Commission. Plannino Commission. I served as a member of SEIU 721 negoUation team regarding employee wages for the City of Pico Rivera. I served as a Shop Steward representing employees with work related Issues.
Please answer the following questions completely
What are your reasons for wanting to serve on the Irwindale Community Foundation? (Use additional paper, if necessary.)
As a resident I like to be a part of the city's growth and assist with future changes. I believe resident input is a priority to all decisions made regarding th city. I have previously served on the senior commission and planning commission.
--0orication for Aopointment Page2
- -1' irwindale Communitv Foundation
Why do you feel that you wouid make a good Foundation Member? (Use addit1ona1paper, 1r necessary.) i stay current with the City Council as well as the P&R, Senior and P1annmg t.;omm1ss1ons. 1 uu my researcn on suoJects mat are presented and having worked for another city I am familiar with the day to day issues a city government may face.
Have you applied for any City Board or Commission before? Yes _X__ No If so, which one? Planning and Senior Commissions
Abilities, experiences, and interest which you believe would contribute to your participation in municipal non-profit organization:
I keep up with the decisions made by council and how they affect the res1aems. 1 va1umee1 at the Senior Center and the Parks & Recreation department. I advocate for seniors or, issues they may have at the center.
PLEASE INCLUDE
Signature:
ALL DATA
. ;Hurn application to:
Date: ...>ecemoer 16, 2024
APPLICATION IS CONSIDERED PUBLIC INFORMATION.
lrwlndale Community Foundation
.:..... ... ~ Nieto, Secretary
5050 N. Irwindale Avenue
Irwindale, CA 91706
[email protected]
DEADLINE TO SUBMIT COMPLETEPAPPLICATION IS MONDAY. DECEMBER 30. 2024AT ~e..M.
Please contact the Board Secretary at 626-430-2202 if you have any questions.
APPLICATION FOR APPOINTMENT
TO IRWINDALE COMMUNITY FOUNDATION
Name: ___________Dominique Reyes_____________________________________ Address: _________________________
Occupation: ________________Subcontracts Manager _________________________ Employer: _____NASA Jet Propulsion Laboratory ____________________________________________ Address: _____4800 Oak Grove Dr La Canada Flintridge CA 91011____________________ Home Phone: ___________ Business Phone: (626) __659-3497__________________ Years in Irwindale: _______23________________ Registered Voter? _______Yes_______________ Educational background / degree: __________Masters Student - Business Anayltics _________ Licenses or Special Certificates: _____________________N/A__________________ List any Irwindale, Los Angeles County, or other City committee, board or commission on which you presently serve or have served, and the year served. ______________N/A_____________________ Please answer the following questions completely
What are your reasons for wanting to serve on the Irwindale Community Foundation? (Use additional paper, if necessary.)
I am driven by a strong desire to give back to our community through public service.
Having grown up in this town and benefited from its resources and opportunities, I feel a sense of duty to contribute my time and skills to its continued success. Serving in the Irwindale Community Foundation would allow me to give back through participating in programs that directly impact the lives of residents, businesses, and future generations, fulfilling my commitment to civic duty and community betterment.
Application for Appointment Page 2 To Irwindale Community Foundation Why do you feel that you would make a good Foundation Member? (Use additional paper, if necessary.)
I bring to the table a combination of analytical prowess, collaborative spirit, attention to detail, and effective communication skills that I believe make me well-suited for a role on the Irwindale Community Foundation.
I have been a dedicated student, employee and long-term resident for many years. Through my experiences, I have built strong communication and advocacy skills that enable me to engage residents, convey complex ideas clearly, and advocate for decisions that promote the long-term well-being of our hometown.
Have you applied for any City Board or Commission before? Yes _x_ No ___ If so, which one?
________Planning and Parks and Recreation Commision_______ Abilities, experiences, and interest which you believe would contribute to your participation in municipal non-profit organization:
My experience volunteering with youth in Los Angeles has cultivated my collaborative approach, fostering open dialogue and teamwork to address community needs. I will bring this collaborative spirit to the Irwindale Community Foundation, where I seek to engage with fellow volunteers and residents to assist in programs that benefit our hometown. Additionally, my pursuit of a bachelor’s degree and ongoing studies toward a master’s degree demonstrate my commitment to continuous learning and academic rigor, equipping me with the knowledge and skills to tackle the multifaceted challenges of community planning with
attention to detail and thoroughness.
PLEASE INCLUDE A RESUME, IF AVAILABLE
Signature: _________Dominique Reyes_________ Date: 12/23/2025
ALL DATA SUPPLIED ON THIS APPLICATION IS CONSIDERED PUBLIC INFORMATION.
Return application to: Irwindale Community Foundation
Laura Nieto, Secretary
5050 N. Irwindale Avenue
Irwindale, CA 91706
[email protected]
DEADLINE TO SUBMIT COMPLETED APPLICATION IS MONDAY, DECEMBER 30, 2024 AT 6:00 P.M.
Please contact the Board Secretary at 626-430-2202 if you have any questions.
Item #22.A.
Date: January 8, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Irwindale Gateway Specific Plan
City Manager's Recommendation:
City Manager’s Recommendation : That the City Council consider the Planning Commission’s Resolutions Nos. 834(24), 835(24), 836(24), 837(24), and 838(24) recommending the City Council certify the FEIR and approve the proposed Irwindale Gateway Specific Plan and associated entitlements; and:
1. Adopt Resolution No. 2025-01-3589, entitled “A RESOLUTION OF THE city council of the CITY OF IRWINDALE (1) CERTIFYing THE ENVIRONMENTAL IMPACT REPORT, STATE CLEARING HOUSE (SCH# 2023020290); (2) ADOPTing THE FINDINGS REQUIRED BY CEQA GUIDELINES, SECTION 15091; (3) ADOPTing THE PROPOSED MITIGATION MONITORING AND REPORTING PROGRAM; AND (4) ADOPTing A STATEMENT OF
OVERRIDING CONSIDERATIONS, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR THE IRWINDALE GATEWAY SPECIFIC PLAN”;
2. Adopt Resolution No. 2025-02-3590, entitled “A RESOLUTION OF THE city council OF THE CITY OF IRWINDALE AMENDing THE COMMUNITY DEVELOPMENT ELEMENT AND LAND USE PLAN MAP OF THE CITY’S GENERAL PLAN (GPA NO. 02-2022) FROM REGIONAL COMMERCIAL TO SPECIFIC PLAN FOR PROPERTY LOCATED AT 13620 LIVE OAK LANE, IRWINDALE, CA (APNs: 8532-002-046 AND 8532-002-047) AS SET FORTH HEREIN AND MAKING FINDINGS IN SUPPORT THEREOF”;
3. Direct the City Attorney to Read the title of the ordinance, waive further reading of the ordinance, and introduce for first reading Ordinance No. 787, entitled “AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, ADOPTING ZONE ORDINANCE AMENDMENT NO. 02-2023 to add Irwindale gateway SPECIFIC PLAN to title 17 of the irwindale municipal code (IMC), DEFINING permitted uses, regulating the sizes and locations of buildings, specifying design GUIDELINES and development standards, addressing mobility and connectivity topics, identifying project infrastructure and services, and providing administrative and implementation language for property located at 13620 live oak lane, Irwindale, ca (APNs: 8532-002-046 AND 8532-002-047) AND FINDING THE PROJECT CONSISTENT WITH THE CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT (SCH# 2023020290)”;
4. Direct the City Attorney to Read the title of the ordinance, waive further reading of the ordinance, and introduce for first reading Ordinance No. 788, entitled “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF IRWINDALE MODIFYING THE CITY OF IRWINDALE ZONING MAP (ZONE CHANGE NO. 02-2022) FROM M-2 (HEAVY MANUFACTURING) TO IRWINDALE GATEWAY SPECIFIC PLAN for property located at 13620 LIVE OAK LANE, IRWINDALE, CA (APNs: 8532-002-046 AND 8532-002-047) AND
FINDING THE PROJECT CONSISTENT WITH THE CERTIFIED ENVIRONMENTAL IMPACT REPORT (SCH# 2023020290)”; and
5. Adopt Resolution No. 2025-05-3593, entitled “A RESOLUTION OF THE city council of the city of Irwindale APPROVing TENTATIVE PARCEL MAP NO. 83854 TO CREATE SEVEN (7) PARCELS FOR PROPERTY LOCATED AT 13620 LIVE OAK LANE, IRWINDALE, CA (APNS: 8532-002-046 AND 8532-002-04) in the M-2 (HEAVY Manufacturing) Zone
SUBJECT TO CONDITIONS AS SET FORTH HEREIN, MAKING FINDINGS IN SUPPORT THEREOF.”
Alternative Actions:
1. Direct staff to prepare resolutions of denial based on recommended findings of fact to be brought back at the next regularly scheduled City Council meeting for adoption; OR
2. Direct staff to work with the applicant to revise the project and continue the hearing to a date certain.
Administrative Action:
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
REQUEST
Jeff Dritley of KP Irwindale Owner, LLC, the Applicant is requesting approval of the Irwindale Gateway Specific Plan (SP), which would provide direction for development of the property located at 13620 Live Oak Lane over the next several years. The Irwindale Gateway Specific Plan (“Specific Plan”) provides a comprehensive land use program to guide the development of an approximately 66.64-acre property. The Specific Plan covers an approximately 52.65-acre developable portion (the “Development Area”) and 13.99 acres of undevelopable area (SCE easement and roadway
dedications). The Specific Plan land use concept features an industrial business park with up to 997,796 square feet of building space and a number of utility-scale battery energy storage system facilities.
The Irwindale Gateway Specific Plan Entitlements for the proposed project include:
1. General Plan Amendment (GPA) No. 02-2022 – To change the General Plan Land Use Designation from Regional Commercial to Specific Plan.
2. The Irwindale Gateway Specific Plan Zone Change (ZC) No. 02-2022 – To change the Zoning Map designation from M-2 (Heavy Manufacturing) to Irwindale Gateway Specific Plan.
3. Zone Ordinance Amendment (ZOA) No. 02-2023 – To add the Irwindale Gateway Specific Plan to Title 17 of the City of Irwindale Municipal Code.
4. Tentative Parcel Map No. 83854 – To subdivide the site into seven (7) parcels.
5. Certify the Final Environmental Impact Report for the project.
BACKGROUND/HISTORY
On November 27, 2024, the City Council received copies of the following documents for advanced review:
• Irwindale Gateway Specific Plan, date stamped November 26, 2024 • Revised Irwindale Gateway Specific Plan revised pages 34 and 44 (per Planning Commission) • Draft Environmental Impact Report (DEIR)
• Final Environmental Impact Report (FEIR) without Appendices
Planning Commission
On November 14, 2024, the Planning Commission held a Special Meeting at which the proposed entitlements were heard. The Planning Commission recommended approval to the City Council of all four (4) entitlements and the environmental document. During the Meeting, the Planning Commission recommended the following revisions:
Draft Specific Plan
• Page 34 – Remove “Asphalt Plants” from the use matrix. • Page 44 – Revise the language as follows:
Existing: A Spanish contemporary influence is desired throughout the Development Area. All design elements of Buildings shall be compatible (but not identical) in character, massing, and materials in order to promote a clean and contemporary style.
Proposed: A Spanish contemporary influence is desired required throughout the Development Area. All design elements of Buildings shall be compatible (but not identical) in character, massing, and materials in order to promote a clean and contemporary style.
On October 28, 2024, this item was brought before the Planning Commission but was continued to a date certain (November 26, 2024). The November 26, 2024 Special Meeting was later rescheduled to the Special Meeting of November 14, 2024.
The entire Specific Plan site is comprised of two (2) parcels (APNs 8532-002-046 and 8532-002-047), commonly known as 13620 Live Oak Lane and 1380 Arrow Highway.
The Live Oak Lane site was vacant/undeveloped from 1894 to 1941 and operated as a former sand and gravel quarry from approximately 1957 to 1973, remaining vacant to 1986. Between 1985 and 1996, the Los Angeles Regional Water Quality Control Board issued permits to fill the pit, an Environmental Impact Report (EIR) and supplemental EIR were approved for the Nu-Way Live Oak Inert Landfill. In 1996, the Nu-Way Live Oak Inert Landfill was permitted for operation. Between 2005 and present day, a Mitigated Negative Declaration (MND) was approved for early closure of the landfill as well as approval of a Conditional Use Permit (CUP) for the importing, exporting, stockpiling and crushing of broken concrete and asphalt for construction base.
The Arrow Highway site has had many uses since 1957, including a retention pond, material and vehicle storage, and most recently a street-sweeping business established in 1983. The site has been vacant since 2022.
Nu-Way Live Oak Reclamation Operations Plan
The Nu-Way Live Oak Reclamation Operations Plan addresses the existing fill. Site reclamation will cover approximately 80 percent of the project site. The Operations Plan for site reclamation has been approved by the Regional Water Quality Control Board. The rough grading plan was approved by the County of Los Angeles Department of Public Works (9/16/22), and the City of Irwindale has issued a grading permit for this work (10/27/22). The Operations Plan is currently underway and will be
completed prior to implementation of the Specific Plan. The rough graded site per the Operations Plan serves as the baseline conditions for implementation of the Specific Plan. This phase, for which completion is slated for an additional two (2) years, is not a part of the proposed project and is not analyzed in the EIR.
The Operations Plan addresses all requirements related to on-site excavation, processing, and recompaction of existing fill. The Operations Plan includes measures to address site setup, materials processing, equipment, salvaging, hazardous waste, worker safety and training, and fugitive dust generated from reclamation operations as well as noise, odor, litter, rodents and insects, fires, sanitary facilities, and accidental spills.
As part of the Operations Plan, temporary movable structures (e.g., portable toilets, sunshades, office trailer) will be installed throughout the project site as appropriate. Reclamation operations will include excavation of existing fill in workable areas down to predetermined depths and inspection for noncompliant materials such as hazardous wastes, organics, and asbestos. Noncompliant materials will be segregated and removed. Concurrently, excavated material will be processed as necessary to create fill-specification-compliant material. Compaction monitoring and testing will be conducted with settlement monitors placed at selected locations; areas that do not pass the compactions standards will be excavated and replaced. All reclamation operations will be overseen by a California Professional Geotechnical Engineer or equivalent, as determined by the Director of Engineering. Final elevation of the project site is estimated to match that of the adjacent grade.
ANALYSIS
Development of the proposed business park will be implemented and regulated through The Irwindale Gateway Specific Plan. The fundamental purpose of the proposed project is to develop an industrial business park and a Battery Energy Storage System (BESS) on the site to make productive use of a remediated property that previously operated as a landfill and a sand and gravel quarry.
Consideration was given to create a comprehensive approach to architectural design; development and enhancement to the infrastructure on the site, circulation, parking, utilities and uses; and to consideration of adjacent properties while establishing the first large business park in the area. The specific plan process is crafted to meet the unique circumstances of the landfill and a sand and gravel quarry.
Approval of the Specific Plan will allow development of an industrial business park in way that provides flexibility in design and building placement, consistency in process and procedures, provides compatibility with adjacent neighborhoods, and addresses on and off-site impacts to local infrastructure and other environmental factors. Understanding the future desires to develop the
66.64-acre site in an orderly, comprehensive manner to make land use decisions for the area by ensuring future growth impacts have been analyzed and that adequate off-site public improvements are made. It also promotes mutual goals related to site development and architectural design consistency for the entire property.
The site is surrounded by the following uses and zoning as described in following table.
Surrounding Land Use
DIRECTION EXISTING LAND USE ZONING DISTRICT
North Commercial and Industrial Business Parks M-2 (Heavy Manufacturing) South Southern California Edison (SCE) Substation M-2 (Heavy Manufacturing) East Industrial Businesses/San Gabriel River M-2 (Heavy Manufacturing) West I-605 Freeway/Park @ Live Oak Park @ Live Oak Specific Plan
THE IRWINDALE GATEWAY SPECIFIC PLAN OVERVIEW
The Applicant is seeking approval of The Irwindale Gateway Specific Plan, which would provide direction for enhancement and development over the next several years. These improvements throughout the 66.64-acre site would be implemented through the Specific Plan, which will govern future development of the industrial business park. The Specific Plan is comprised of a single planning area with two (2) development land use plan options.
Area Size
Gross Site Area 66.64 acres
SCE Easement Area 9.61 acres
Right-of-Way Dedication 4.38 acres
Net Developable Area 52.65 acres
Option 1: 52.65-acre parcel developed as an industrial business park with three (3) buildings and associated parking and loading docks. The remaining 13.99 acres of the site would be used for public rights-of-way and the SCE easement. The three (3) buildings would allow a maximum of 997,796 square feet of building space—954,796 square feet of warehouse space and 43,000 square feet of office space.
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The analysis in the DEIR assumes that project development would take approximately 4.5 years and that the buildings would be completed and occupied sometime in late 2027 and/or early 2028.
Detailed assumptions regarding impact analysis that depend on project schedule are included in the DEIR.
Off-site infrastructure improvements would commence after all related design and permits are approved, and construction would commence no later than the issuance of the first building permit.
Completion of improvements would be no later than the issuance of a Certificate of Occupancy for a building that triggers the need to complete such work. The industrial buildings would have the flexibility to support a multitude of uses, including warehousing, distribution, and manufacturing. Daily operations would be dependent on the specific use but would include an operational workforce, maintenance, and security.
Option 2: 36.71-acre parcel developed as an industrial business park with two (2) warehousing/office buildings and a 15.94-acre parcel for the 400-megawatt BESS (electric energy storage, transmission and AC/DC and voltage conversion). The two (2) buildings would allow a maximum of 704,070 square feet—668,070 square feet of warehouse space and 36,000 square feet of office space. The preliminary design for the BESS has 353,000 square feet of battery arrays. Any BESS proposal would be subject to the approval of a
Development Agreement.
Construction of the industrial buildings under Option 2 would include the same timeline as under Option 1. The BESS would take approximately 18 months to construct after initial groundbreaking. The BESS is estimated to achieve its commercial operations date by late 2027. The BESS may be constructed in phases, in which case there may be shorter construction timelines for different phases of the project.
The maximum development capacity allowed by the Specific Plan consists of approximately 997,796 square feet of new development. Of the 997,796 square feet, a minimum of 36,000 square feet of commercial space and a maximum of 43,000 square feet of commercial space is permitted by the Specific Plan. The land uses are arranged to offer visibility and direct access to commercial and industrial uses from Live Oak Avenue, Live Oak Lane and Arrow Highway. The site is designed as an employment and commerce center with the advantage of the site’s location adjacent to the I-605 and the local arterial roadway network. Commercial uses include a variety of professional offices and services, such as medical offices, financial institutions, and bakeries. The industrial uses range from warehousing and distribution, fabricating, assembly, and manufacturing to computer and electronic parks assembly. Section 6 “Development Standard” of the Specific Plan contains the full list of permitted uses.
ENTITLEMENTS
The entitlements associated with the project include consideration and certification of the Final EIR as the environmental document for the Specific Plan before approving a General Plan Amendment, Zone Change, Zone Ordinance Amendment, and Tentative Parcel Map.
The Planning Commission will be considering a recommendation to the Irwindale City Council for approval of entitlements necessary to permit the development of properties within the Specific Plan, which include:
Final Environmental Impact Report (FEIR) – Including comments received during the 45-day review period and proposed Mitigation Monitoring and Reporting Program (MMRP). The FEIR analysis determined that the proposed project, with implementation of Mitigation Measures, would result in significant and unavoidable environmental impacts in the areas of Air Quality (AQ) and Greenhouse Gas Emissions (GHG). Due to this determination, it requires the Irwindale City Council, as a Lead Agency, to approve a Statement of Overriding Considerations.
General Plan Amendment (GPA) No. 02-2022 – To Change the General Plan Land Use Designation from Regional Commercial to Specific Plan.
Zone Change (ZC) No. 02-2022 – To change the existing zoning designation and Zoning Map from M-2 (Heavy Manufacturing) to Irwindale Gateway Specific Plan. Pursuant to the provisions of Chapter
17.84 (Amendments) of the Irwindale Municipal Code (IMC), “the classification of property ‘or existing zoning designation’ may be amended whenever the public interest and necessity so require.”
Zone Ordinance Amendment (ZOA) No. 02-2023 – To adopt Irwindale Gateway Specific Plan as the zoning document for the site. The Specific Plan will define permitted uses, regulate the locations of buildings, specify design guidelines and development standards, address mobility and connectivity topics, identify project infrastructure and services, and provide administrative and implementation language. The Irwindale Gateway Specific Plan constitutes the regulatory and policy document that guides and governs the growth of the business park over the next several years.
Tentative Parcel Map (TPM) No. 83854 – To allow the property to be subdivided into seven (7) parcels for future development. In order to recommend that the Planning Commission approve the request for the Tentative Parcel Map, the following findings must be made:
1. The proposed map is consistent with the General Plan, applicable specific plans, and the Zoning Code.
The proposed map is for the subdivision of a property for development of industrial and commercial. The subject property has a General Plan land use designation of Regional Commercial and is zoned M-2 (Heavy Manufacturing). The proposed map is being processed with General Plan Amendment (GPA) No. 02-2022 to amend the Community Development Element and Land Use Plan Map to include the Irwindale Gateway Specific Plan. The Specific Plan proposes an industrial business park to include development standards concerning a) facilities and improvements; b) pedestrian and vehicular ingress, egress, and internal circulation; c) setbacks; d) height of buildings; e) mechanical and utility service equipment; f) landscaping; g) grading; h) lighting; i) parking; j) drainage; and k) intensity of land use so as to avoid traffic congestion, to ensure the public health, safety, and welfare, and to prevent adverse effects on surrounding properties. The proposed project involves redevelopment of a site that is a former landfill, and sand and gravel quarry.
2. The design or improvement of the proposed subdivision is consistent with the General Plan, applicable specific plans, and the Zoning Code.
The proposed project is for development of an industrial business park. A General Plan Amendment, Zone Change, and Zone Ordinance Amendment are concurrently being processed for adoption with the subdivision for the Irwindale Gateway Specific Plan, under separate Resolutions and Ordinances. The design and improvement of the proposed subdivision is consistent with development standards established in the Specific Plan document with respect to land use, building height, parking, and landscaping.
3. The site is physically suitable for the type of development proposed.
The site is ±66.64-acres currently served by an existing private street, Live Oak Lane. Live Oak Lane in its entirety, is a part of the subject property. As part of the improvements, a
total of 2,160 feet of Live Oak Lane will be dedicated to the City and improved to the City’s standard of 60’-0”. The remaining areas are already paved and will be converted to a public alley to connect the northern and southern sections of Live Oak Lane. In addition to the improved roadways, there will also be new sidewalk and landscaped setbacks.
4. The site is physically suitable for the proposed density or intensity of development.
The 66.64-acre site is suitable for the proposed Specific Plan industrial business park, which provides for a maximum of 997,796 feet of building space, with private driveways and drive aisles, landscaping, and parking areas.
5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.
The design or proposed improvements of the subdivision will not cause any substantial environmental damage or substantially injure fish, wildlife, or their habitats, or cause serious public health problems in that the Application will create seven (7) parcels from two (2) parcels in an area that has been planned for industrial and commercial uses. The subdivision is located on a former landfill and sand and gravel quarry within an urbanized area and is not the habitat of fish or wildlife. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the City, as the Lead Agency, has analyzed the project and has prepared an Environmental Impact Report (“EIR”).
6. The design of the subdivision or type of improvements will not pose a threat to the public health, safety, and welfare.
The design of the subdivision and improvements will not pose a threat to the public health, safety, and welfare. Adequate fire and police protection is available to serve the project.
Uses permitted and conditionally permitted within the proposed project are required to meet all Federal, State and local health and safety codes and regulations.
7. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.
There is an existing, 9.61-acre Southern California Edison (SCE) easement on the western portion of the site. Part of the Specific Plan’s infrastructure plan includes the development of a new detention basin within this easement for the collection of project storm water flows.
8. Any discharge of waste from the proposed subdivision into an existing sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board.
The proposed subdivision is served by an existing City sewer system and is required to comply with all requirements of the California Regional Water Quality Control Board.
1. The requirements of CEQA have been satisfied.
Pursuant to Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the City, as the Lead Agency, has analyzed the project and has prepared an Environmental Impact Report (“EIR”), SCH# 2023020290. Even after the adoption of all feasible Mitigation Measures as identified in the Mitigation Monitoring and Reporting Program (MMRP), certain significant or potentially significant environmental effects caused by the Project directly, or cumulatively, will remain and a Statement of Overriding Considerations is recommended to be adopted as part of the project.
Scoping and Community Meetings
The Notice of Preparation related to the EIR was released by the City for public comment on February 10, 2023 and concluded on March 11, 2023. Eleven (11) comments were received during the comment period. These comments were provided by South Coast Air Quality Management District (AQMD), California Department of Resources Recycling and Recovery (CalRecycle), City of Covina, Department of Justice (DOJ), Department of Fish and Game, Los Angeles County Fire, Mike Mohajer, Robert Diaz, Ralph Velador (LIUNA), Mitchell M. Tsai and Southern California Association of Governments (SCAG).
During the 30-day comment period, a Public Scoping meeting was held on March 2, 2023 to gather information for the scope of the Draft EIR. The meeting was held in the Senior Center Dining Room (16116 Arrow Highway) at 6:00 PM. The oral and written comments received during the meeting were addressed in the Draft EIR.
The Notice of Availability related to the EIR was released by the City for public comment on May 13, 2024 and concluded on June 27, 2024. Ten (10) comments were received during the comment period.
These comments were provided by Advocates for the Environment, South Coast Air Quality Management District (AQMD), Blum, Collins & Ho, LLP/Golden State Environmental Justice Alliance, California Department of Resources Recycling and Recovery (CalRecycle), California Air Resources Board (CARB), City of Baldwin Park, California Department of Transportation (Caltrans), Los Angeles County Sanitation Districts, and Los Angeles County Sheriff. Blum, Collins & Ho, LLP/Golden State Environmental Justice Alliance sent a subsequent letter withdrawing their initial letter as the Applicant addressed their concerns. The comment letters and response to comments have been included in the FEIR.
Tribal Consultation
In accordance with Public Resources Code Section 21080.3.1(d), a lead agency is required to
provide formal notification of intended development projects to Native American tribes that have requested to be on the lead agency’s list for receiving such notification. On November 15, 2023, letters were sent to the seven (7) Native American contacts, requesting any information related to cultural resources or heritage sites within or adjacent to the project site.
Tribal consultation with the Gabrieleño Band of Mission Indians – Kizh Nation was scheduled for May 23, 2023. The tribe was unable to attend and provided written concerns and Mitigation Measures on June 1, 2023. The proposed Mitigation Measures have been incorporated in the MMRP.
THE IRWINDALE GATEWAY SPECIFIC PLAN
The Irwindale Gateway Specific Plan provides a comprehensive framework for the long-term growth and development of the entire site and provides a future developer with a tool to implement a long-term vision of the business park while meeting the community-wide goals Irwindale. The Specific Plan is intended to address unique factors related to the site and provide clarity in development processes. Accordingly, this Specific Plan, in accordance with California Government Code et. seq., establishes the necessary land use plan, development standards, regulations, design guidelines, infrastructure systems, and implementation strategies on which subsequent, project-related development activities will be founded.
Project Objectives
To ensure the functional integrity, economic viability, and positive aesthetic appearance of the Development Area, the following planning and development goals have been established for the Specific Plan:
• Create a comprehensive land use plan for the reuse of a former landfill and reclaimed sand and gravel quarry including the development of utility scale battery energy storage facilities.
• Provide guidelines and standards for the development of state-of-the-art buildings that can accommodate various industrial and manufacturing uses, including warehouse distribution, logistics, and fulfillment centers with proximate access to I-605 on- and offramps. • Ensure that infrastructure plans for water, sewer, drainage, dry utility, and solid waste disposal are adequately designed for the Specific Plan. • Provide a circulation system that meets transportation requirements and minimizes potential adverse impacts on the surrounding area.
• Provide guidelines and standards for architecture, landscaping, walls, fencing, lighting, and entry treatments that are compatible with the design and architecture of the surrounding uses.
The Irwindale Gateway Specific Plan also provides the following:
• Flexibility – The Specific Plan provides customized development standards and design guidelines that address both planned buildings and future development not yet considered.
This includes development review processes, and phased infrastructure implementation.
Phasing plans are illustrative in nature, which allows broad flexibility for the business park to expand and improve over time in a way to meet the most current market and business demands and trends.
• Sustainability – Referring to both environmental sustainability and in the long-term nature of the Specific Plan. The developer and Irwindale are committed to environmental sustainability through the preparation of a comprehensive EIR, implementation of Mitigation Measures and sustainable development practices, and various other aspects (e.g., energy efficiency, mobility, landscaping, and healthy design) integrated into the Specific Plan. The plan is also designed as a policy and regulatory document that allows consistency in project processing and implementation, and certainty for adjacent neighborhoods over the extended planning period. • Identity – In both site design and business attraction. Design Guidelines, development standards and a comprehensive Sign Program will assure that the design of future buildings, grounds, landscape, branding and infrastructure projects will achieve the goals of the City with design and development that reflect and enhance the change from a former landfill, and sand and gravel quarry to a welcoming and appealing business park.
Differences Between The Irwindale Gateway Specific Plan & Current Zoning The Specific Plan regulates the entire scope of the project and prescribes the processes for development approvals, including: allowed land uses; development standards (such as height, setbacks), parking standards, administration and implementation processes. Unlike traditional zoning, the Specific Plan process allows customization of the factors listed above, based upon the location, circumstances and intensity of planned development. The Specific Plan may also focus and provide a modified design and approval processes.
The current zoning M-2 (Heavy Manufacturing) would not allow the site to develop in a comprehensive planned manner for the 66.64-acre property. The current Zoning Code has a multitude of antiquated uses and is currently being updated. Neither the current nor proposed Zoning Codes address BESS. To highlight some of the most important differences, there would be significant restrictions to allowable land uses and temporary uses, limitations to building heights, and parking ratios. Finally, use of current zoning designations would lead to undesirable piecemeal and incremental planning for the site; accordingly, there is a desire for a flexible and long-term plan.
Battery Energy Storage System (BESS)
A battery energy storage system (BESS), is an engineered system of electrical devices and equipment that enable electric energy, such as energy generated from renewable energy sources, like solar and wind, to be stored and then released when the power is needed. It would lower the need for electricity generated from nonrenewable sources, thereby resulting in a reduction in greenhouse gas (GHG) generation from such sources. An interconnection facility would be developed at the Southern
California Edison Rio Hondo substation to the south to connect the BESS to the transmission system.
The BESS would be unmanned but may include an operational and maintenance building with restrooms and space for strategic spare parts. The long-term operational workforce would entail contracted maintenance staff who would maintain the facility on a periodic basis during project operations. The proposed project would likely require a six-person crew for maintenance visits once every two (2) to three (3) months on average. The BESS would be primarily operated remotely and could operate up to 24 hours per day and seven (7) days per week. A comprehensive security system would be included and remotely monitored on a continuous basis.
The operation of the BESS would not generate loud noise. Electrical equipment and motors and fans for cooling the electrical equipment would generate low levels of noise, typically in the range of 60 to 80 dBA within several feet. Equipment would be set back from property lines so noise at the site boundaries would be attenuated by distance to the property line and further attenuated by the block wall at the project perimeter. BESS facilities permitted throughout the state have demonstrated low levels of noise compliant with their respective local noise ordinances.
The BESS would be designed in accordance with NFPA Part 855 standards for energy storage systems and would include multiple automatic and manual power-down/safety mechanisms, including early warning detection systems for excess heat and smoke, along with a centralized Fire Alarm Control Panel that communicates any potential risk to site operators and the local fire department. There would be a backup generator for critical loads. Electrical and fire systems would be designed to open breakers automatically during fault conditions. Each fire protection system would have a signal that would trigger core power-down during fire, electrical fire, overheating, or other issues. The entire project power-down would occur automatically during electrical fault conditions (e.g., high-voltage ground fault). After the equipment vendor has been selected, noise modeling results demonstrating compliance with City standards would be provided with the applications for building permits. The project design would be subject to fire department review, and the site would be subject to periodic fire authority inspections, and a permit issued by the fire department. The Los Angeles County Fire Department (LACFD) is experienced with BESS projects. As of June 2023, fourteen (14) BESS plants are in operation in LA County (356 megawatts), and eight (8) are in late-stage development or construction (641 megawatts). LACFD is very familiar with BESS technology and will be responsible for plan checking and approvals.
The proposed BESS would be designed to be in operation for 25 years. After completion of project operations, if not repowered with then-current technology, most of the electrical equipment (breakers, transformers, inverters) would be removed and recycled. Project batteries would be returned to the battery manufacturer for recycling. Equipment foundations and pads would be demolished and removed.
Analysis of Key Topics
The following sections focus on key topics and addresses distinctive elements included in the Specific Plan.
Relationship to Other Land Use Regulations
The Specific Plan is designed to meet the goals established in the City’s General Plan by providing a framework for the future development of the Development Area. The Specific Plan is designed to be consistent with, and serves as an extension of, the City’s General Plan. The Specific Plan is consistent with the following General Plan Land Use Element policies and objectives per Section 3 of the Specific Plan.
Land Use
Section 4 establishes the allowable uses within the Development Area, which includes a variety of uses such as professional offices, industrial uses, and battery storage. This Specific Plan does not have multiple planning areas.
Transportation and Circulation
Section 5 provides a roadway network to meet the vehicular and non-vehicular needs of employees and visitors and the for the transportation of goods to and from the Development Area. Live Oak Avenue, Live Oak Lane and Arrow Highway are points of vehicular access. Improvements to Live Oak Avenue, a designated truck route, include a 5’-0” wide meandering sidewalk and a 5’-0” wide meandering landscaped parkway along the north side of the street. Arrow Highway, a designated truck route, does not have direct access to the site, but does provide direct access to Live Oak Lane.
Live Oak Lane is an existing collector road that connects the development area to either Live Oak Avenue or Arrow Highway. Live Oak Lane is currently a private road that will undergo dedications at the northern and southern portions of the street. The areas that are being dedicated and widened per the City’s standards will be connected by a new public alley. The alley will accommodate two-way traffic, parking and a new grass terrace. Interior private driveways and drive aisles are proposed to connect individual building sites within the Development Area and provide vehicular access to Live Oak Avenue and Live Oak Lane. Private driveways and drive aisles provide vehicular access for automobiles and trucks to parking lots, truck courts, loading dock areas, etc. The locations, alignments, and widths of private driveways and drive aisles will be determined at the time buildings are designed and positioned as part of implementing development projects and are subject to approval of the Director of Engineering.
Development Standards
Section 6 establishes development standards applicable to all developments within the Development Area. The standards provided work in concert with the architecture and landscape guidelines set forth in Section 7, Design Guidelines, to achieve the vision of the Specific Plan. All new developments and alterations to existing land uses and structures in the Development Area shall be designed, constructed, and established in compliance with the requirements of that section. This section also provides definitions for Specific Plan relevant uses such as BESS terminology, buildings, and height.
Specific development standards for building height, setbacks, landscaping, rooftop equipment, floor area ratio and the like are detailed. In addition, the “Allowable Uses” matrix shows which uses are permitted by right, permitted conditionally, ancillary, require a Development Agreement, and those that are prohibited.
Design Guidelines
The Design Guidelines establish the quality and character of the built environment for the masterplanned development of the Specific Plan. The objectives of the Design Guidelines are:
1. To describe the thematic elements and the construction quality expected for the Development
Area.
2. To provide the City of Irwindale with assurance that the Development Area will be developed in accordance with the quality and character described within this Specific Plan.
3. To serve as a guide to developers, builders, engineers, architects, landscape architects, and other professionals involved with implementing development in the Development Area in order to achieve and maintain the desired design quality.
4. To provide an aesthetic benchmark for the City of Irwindale to use in their review of future implementing projects within the Development Area.
5. To steer the Development Area to convey a contemporary aesthetic theme and character while allowing flexibility for practical application and creative expression.
6. To encourage the implementation of energy efficient design features in Buildings that can be implemented in the site planning, design, and construction phases of the Development Area to minimize waste deposited at landfills, decrease energy use and fossil fuel consumption, and reduce domestic water consumption.
The Design Guidelines discuss site planning, architecture, building form, materials, colors and textures, fenestration, loading doors and service docks, and project monuments. Buildings should be characterized by simple and distinct cubic masses with interlocking volumes of wall planes, colors, and materials to create visual appeal, aesthetically pleasing proportions, and strong shadow patterns. A Spanish contemporary influence is desired throughout the Development Area. All design elements of the buildings shall be compatible (but not identical) in character, massing, and materials in order to promote a clean and contemporary style. The use of complementary materials and colors for the buildings plays a key role in developing a clean, contemporary visual environment. The orientation and screen loading doors, service docks, and equipment areas are designed so they are not easily visible from Live Oak Avenue, Arrow Highway, Live Oak Lane, and publicly accessible locations within the development. Screening may be accomplished with solid walls or fences that are compatible with the architectural expression of the building or by any effective combination of walls, fences, landscaping, and berms.
The Landscape Design Guidelines complement the existing setting of geographical climate, local soil conditions, ease of maintenance, and water conservation. The proposed plant palette includes colorful shrubs and groundcovers, ornamental grasses and succulents, evergreen and deciduous trees – including flowering varieties – that are commonly used throughout Southern California, and which complement the Specific Plan’s design theme and setting. There are three (3) proposed project monuments (sign and water features) that will identify the Development Area. A monument sign fronting Live Oak Avenue across from Graham Avenue will provide identification on the south end of the Development Area. A second monument sign at the project entry on Live Oak Lane at the intersection with Arrow Highway will provide identification on the north end of the Development Area, and a fountain at Live Oak Lane and Live Oak Avenue will provide an attractive welcome as motorists and pedestrians enter the Development Area.
Streetscape landscaping within the Specific Plan plays a critical role in establishing a strong sense of place and character. In addition, streetscapes serve functional purposes, including screening undesirable functional elements of a building site from public view. New parkways complete with evergreen and deciduous street trees, shrubs and groundcover provide create year-round interest and
screening in addition to the perimeter walls and fences proposed. Outdoor lighting is an essential architectural component that provides aesthetic appeal, enhances safe pedestrian and vehicular circulation, and adds to security. Lighting must provide adequate illumination for the subject property, while also minimizing glare and spill-over onto public streets and adjacent properties. A Sign Program will be required to address all other wall, freestanding, and temporary signage.
Utility Infrastructure
Section 8 details the buildout requirements for the installation of water, sewer, storm water drainage dry utility infrastructure, and solid waste disposal as described below. All utility infrastructure improvements are required to be installed in accordance with applicable City’s public service provider design standards and specifications.
• Water – Valley County Water District provides water infrastructure to service the Specific Plan area. Water and fire service would be provided with a new 12-inch main comprising private onsite loop system that connects to the existing water line in Live Oak Lane. All water service and connection to the distribution system shall be reviewed and approved by the Valley County Water District.
• Sanitary Sewer – The Specific Plan provides private sewer infrastructure for the interior of the Development Area. Locations and alignments of all sewer mains, laterals and connection points shall be subject to the approval of the City Engineer from the City of Irwindale Public Works Department.
• Storm Water Drainage – Prior to use of the Development Area property as a quarry, stormwater flowed across the site from the north and east to the southwest and would leave the site at its southwest corner and discharge to an existing unimproved drainage basin located on the western portion of the Specific Plan within an SCE easement area. Conceptual Storm Water Management Plan, the Specific Plan’s storm water management system will mimic the property’s historical drainage pattern. Storm water flows will be conveyed across the Development Area via a backbone storm drain network to a detention/infiltration basin, which will be constructed pursuant to the approved Low Impact Development (LID) and will replace the existing unimproved drainage basin. LID site design strategies and Best Management Practice (BMP) control measures promote the use of natural infiltration (where permitted), evaporation, and use of stormwater.
• Dry Utilities – The Development Area will connect to existing dry utilities (electric, gas, and communication systems) installed within Live Oak Avenue. All dry utilities internal to the Development Area will be installed underground in utility trenches. This would also include the required electric tie-line to a Point of Interconnection (POI) at the existing SCE Edison Rio Hondo Substation.
• Solid Waste Disposal – The City currently contracts with Athens Services to provide businesses with a full spectrum of solid waste disposal that includes routine trash removal, recyclable collection, organic waste collection, bulky item removal (upon request only), and hazardous waste removal. The development shall provide trash enclosures to accommodate the size, type, and number of bins required for the uses on site.
Implementation
Section 9 establishes the implementation and review process required for development proposed
within the Specific Plan Area. This section provides general administrative provisions; review and approval procedures; and implementation measures, including short-term and ongoing tasks. The provisions contained in the Specific Plan constitute the primary land use and development standards for the Development Area. While the entire Specific Plan constitutes the zoning for the Specific Plan area, Section 6, Development Standards, contains specific zoning regulations for the Development Area. Upon adoption of the Specific Plan by the City of Irwindale, all on- and off-site improvements shall be consistent with the development standards and design guidelines set forth in Sections 6, 7, and 8 of the Specific Plan.
ENVIRONMENTAL REVIEW
A Final Environmental Impact Report has been prepared to analyze environmental impacts, discuss feasible alternatives and recommend Mitigation Measures related to implementation of the proposed Irwindale Gateway Specific Plan. The California Environmental Quality Act (CEQA) requires that local government agencies consider the environmental consequences before taking action on projects over which they have discretionary approval authority. An Environmental Impact Report (EIR) analyzes potential environmental consequences to inform the public and support informed decisions by local and state governmental agency decision makers. An EIR is the most comprehensive form of environmental documentation under CEQA and its Guidelines; it is intended to provide an objective, factually supported analysis and full disclosure of the environmental consequences of a proposed project with the potential to result in significant, adverse environmental impacts. Certification of an EIR will enable the applicant/developer to pursue their development goals outlined in the Specific Plan that have been previously analyzed under and are within the project description and maximum buildout contemplated by the EIR.
Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the City , as the Lead Agency, analyzed the project and the Environmental Impact Report (“FEIR”) State Clearinghouse (SCH# 2023020290) prepared by the City of Irwindale as the Lead Agency. The FEIR is posted on the City of Irwindale’s website at https://www.irwindaleca.gov/590/13620-Live-Oak-Lane---Irwindale-Gatewayand available at the Community Development Department, Irwindale Public Library and City Clerk’s Office.
For purposes of the environmental analysis, a maximum development capacity allowed by the Specific Plan and considered by the EIR consists of approximately 997,796 square feet of new development.
Based upon the aforementioned scenario, twenty (20) environmental study areas have been analyzed.
Part of the analysis includes the preparation of four (4) project alternatives, offering a series of Mitigation Measures, and identifying two (2) significant and unavoidable environmental impact areas.
The FEIR analyzed the environmental impacts to the following study areas:
1. Aesthetics
2. Agricultural Resources*
3. Air Quality
4. Biological Resources*
5. Cultural Resources
6. Energy
7. Geology and Soils
8. Greenhouse Gas Emissions
9. Hazards and Hazardous Materials
10. Hydrology and Water Quality
11. Land Use and Planning
12. Mineral Resource
13. Noise
14. Population and Housing*
15. Public Services
16. Recreation*
17. Transportation
18. Tribal Cultural Resources
19. Utilities and Service Systems
20. Wildfire*
* Denotes categories that were not significantly affected by or did not affect the proposed project.
Of the twenty (20) environmental impact categories analyzed, it was determined that five (5) were not significantly affected by or did not affect the proposed project. Based on project scoping, it was determined that implementation of the project could potentially result in the significant impacts to the remaining fifteen (15) environmental factors.
This FEIR identifies two (2) significant and unavoidable adverse impacts, as defined by CEQA that would result from implementation of the proposed project. Unavoidable adverse impacts may be considered significant on a project-specific basis, cumulatively significant, and/or potentially significant. The City must prepare a "Statement of Overriding Considerations" before it can approve the project, attesting that the decision-making body has balanced the benefits of the proposed project against its unavoidable significant environmental effects and has determined that the benefits outweigh the adverse effects, and therefore the adverse effects are considered acceptable. The impacts that were found in the FEIR to be significant and unavoidable are related to:
Air Quality
• Greenhouse Gas Emissions
Although the FEIR identifies certain significant environmental effects that will result if the project is implemented, all significant effects that can feasibly be avoided or mitigated will be by the imposition of Conditions and/or Mitigation Measures. Based on current State Law, unavoidable Greenhouse Gas Emissions impacts are common with many projects such as the proposed Irwindale Gateway Specific Plan.
The significant impacts of the Specific Plan that have not been reduced to a level of insignificance will have been substantially reduced in their impacts by the imposition of Mitigation Measures. Staff will be recommending that the Planning Commission recommend that the City Council find that the significant unavoidable adverse impacts of the Specific Plan are clearly outweighed by the economic, social and other benefits of the project, as set forth in the Statement of Facts and Findings and Statement of Overriding Considerations that will be provided to the City Council.
The following are the corresponding Mitigation Measures to address the significant and unavoidable impacts to Air Quality and Greenhouse Gas Emissions. A detailed summary of the environmental impacts, Mitigation Measures and levels of significance after mitigation can be found in Table 1-4 of the DEIR.
Air Quality (AQ)
Mitigation Measures GHG-1, GHG-3, GHG-4, GHG-7, T-1, T-2, AQ-1, AQ-2 Greenhouse Gas Emissions (GHG)
Mitigation Measures GHG-1, GHG-2, GHG-3, GHG-4, GHG-5, GHG-6, GHG-7 The following summarizes the FEIR alternatives, less than significant effects with mitigation and significant environmental effects.
Each EIR is required to consider alternatives to the proposed project that are capable of eliminating significant adverse environmental effects or reducing them to less than significant levels, even if these alternatives would impede, to some degree, the attainment of the proposed project objectives. The alternatives to the proposed project under consideration within this EIR consist of:
No Project Alternative/No Development – This alternative contemplates no development on the project site. The Nu-Way Live Oak Reclamation Operations Plan would be fully implemented under this alternative. The landfill reclamation plan was approved prior to release of the NOP for the project and is not a part of the project. Therefore, the site would be rough graded in accordance with the Operations Plan and any remaining structures would be removed. The site would then remain undeveloped.
Existing General Plan – This alternative contemplates the site developed consistent with the existing Regional Commercial land use designation. The RC land use designation encourages a mix of commercial, office professional, and light manufacturing uses along several high-visibility traffic corridors. The site is zoned M-2 (Heavy Manufacturing) for which the zoning ordinance describes a variety of over 100 different allowed manufacturing-type uses. The RC designation defines a floor area ratio (FAR) of 2.0 to 1.0, and the current zone does not have a maximum building height. This alternative only includes one (1) option and assumes a floor area FAR of 2.0 for the manufacturing use on approximately 49 acres, resulting in approximately 4.3 million square feet along with the 10,000 SF of retail use.
Reduced Intensity Alternative – This alternative contemplates the same land uses as the project but assumes that the warehousing square footage is reduced sufficiently to eliminate the significant greenhouse gas emissions impact of the proposed project. It would accommodate up to 116,018 SF of warehousing plus 5,225 SF of office space (approximately 12 percent of the proposed project SF) and could be designed with a BESS use (which is assumed to be the same acreage as the proposed project) as a second option. The warehousing square footage for the BESS option is reduced the same proportion as the Option 1 reduction (12 percent of the warehousing SF for proposed project Option 2).
Truck Trailer Storage Alternative – This alternative contemplates a total of 2,062 tractor trailer parking stalls and a 40,726 SF building accommodating warehousing and office space. This alternative was considered for the entire site, and an Option 2 is not included.
CONCLUSION/RECOMMENDATION
The Irwindale Gateway Specific Plan is a positive project for the City of Irwindale. It provides the framework for coordinated and comprehensive business park development with industrial, commercial, and BESS uses over the next several years. It provides the City a development that offers jobs and industrial and commercial opportunities. It provides the developer a framework to develop the site and attract businesses to Irwindale, while promoting compatible design that is sustainable, attractive and connective to the surrounding community. The Specific Plan provides the developer certainty to invest and grow within boundaries and consistency in process and procedures.
ATTACHMENTS:
1. Irwindale Gateway Specific Plan (previously provided) https://www.irwindaleca.gov/DocumentCenter/View/10700/Irwindale-Gateway-SpecificPlanClean-11192024-Final
2. Irwindale Gateway Specific Plan DEIR (SCH# 2023020290) (previously provided) https://www.irwindaleca.gov/DocumentCenter/View/9077
3. Irwindale Gateway Specific Plan FEIR without Appendices (SCH# 2023020290) (previously provided)
https://www.irwindaleca.gov/DocumentCenter/View/9603
4. Final Environmental Impact Report (FEIR) with Appendices https://www.irwindaleca.gov/DocumentCenter/View/9569
5. Resolution No. 2025-01-3589 for FEIR, MMRP, FOF/SOC (SCH# 2023020290) (with Exhibits)
6. Resolution No. 2025-02-3590 for General Plan Amendment No. 02-2022 (with map)
7. Ordinance No. 787 for Zone Ordinance Amendment No. 02-2023
8. Ordinance No. 788 for Zone Change No. 02-2022 and Ordinance No. 788 (with map)
9. Resolution No. 2025-05-3593 for Tentative Parcel Map No. 83854
10. Tentative Parcel Map No. 83854
https://www.irwindaleca.gov/DocumentCenter/View/10699/TPM-83854-11262024
11. Site Plan Options
https://www.irwindaleca.gov/DocumentCenter/View/9649/Option-1-Site-Plan https://www.irwindaleca.gov/DocumentCenter/View/9650/Option-2-Site-Plan
12. Project Images
https://www.irwindaleca.gov/DocumentCenter/View/9648/Planning-CommissionPresentationProject-Images---10212024
13. Fiscal Impact Report (12/30/2022)
https://www.irwindaleca.gov/DocumentCenter/View/9651/Fiscal-Impact-Summary-IrwindaleGateway-Project-12-30-22
14. November 14, 2024 – Planning Commission Staff Report and Resolutions (previously provided)
https://www.irwindaleca.gov/DocumentCenter/View/9682/Agenda-Item-4A Fiscal Impact:
The Irwindale Gateway Specific Plan is a multi-year plan for the business park to develop. All future development as described in the Specific Plan will be fully funded by the Applicant/Developer. There is no impact to the City’s General Fund.
Attachments:
1. Attachment A - Link to Specific Plan document
2. Attachment B - Link to DEIR
3. Attachment C - Link to FEIR without appendices
4. Attachment D - Link to FEIR with appendices
5. Attachment E - CC Resolution No. 2025-01-3589 FEIR SOC MMRP FINAL
6. CC Resolution No. 2025-01-3589 FEIR SOC MMRP EXHIBIT A
7. CC Resolution No. 2025-01-3589 FEIR SOC MMRP EXHIBIT B (FOFSOC)
8. Irwindale Gateway FOF SOC FINAL 10142024
9. CC Resolution No. 2025-01-3589 FEIR SOC MMRP EXHIBIT C (MMRP)
10. Irwindale Gateway MMRP_Final Corrected To City 10_23_24
11. Attachment F - CC Resolution No. 2025-02-3590 GPA No. 02-2022 with Land Use Map FINAL
12. Attachment G - Ordinance No. 787 ZOA 02-2023 FINAL
13. Attachment H - Ordinance No. 788 ZC 02-2022 with Zoning Map FINAL
14. Attachment I - CC Resolution No. 2025-05-3593 TPM 83854 FINAL
15. Attachment J - TPM 83854
16. Attachment K - Site Plan Options
17. Attachment L - Project Images
18. Attachment M - Fiscal Impact Report
19. Fiscal Impact Summary Irwindale Gateway Project 12-30-22
20. Attachment N - 11-14-2024 PC Report and Resolutions
ATTACHMENT “A”
IRWINDALE GATEWAY SPECIFIC PLAN
https://www.irwindaleca.gov/DocumentCenter/View/9565
ATTACHMENT “B”
IRWINDALE GATEWAY SPECIFIC PLAN
DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR)
https://www.irwindaleca.gov/DocumentCenter/View/9077
ATTACHMENT “C”
IRWINDALE GATEWAY SPECIFIC PLAN FINAL
ENVIRONMENTAL IMPACT REPORT (FEIR)
WITHOUT APPENDICES
https://www.irwindaleca.gov/DocumentCenter/View/9603
ATTACHMENT “D”
IRWINDALE GATEWAY SPECIFIC PLAN FINAL
ENVIRONMENTAL IMPACT REPORT (FEIR)
WITH APPENDICES
https://www.irwindaleca.gov/DocumentCenter/View/9569
Resolution No. 2025-01-3589
FEIR, MMRP, SOC
ATTACHMENT “E”
RESOLUTION NO. 2025-01-3589
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE (1)
CERTIFYING THE ENVIRONMENTAL IMPACT REPORT, STATE CLEARING HOUSE (SCH# 2023020290); (2) ADOPTING THE FINDINGS REQUIRED BY CEQA GUIDELINES, SECTION 15091; (3) ADOPTING THE PROPOSED MITIGATION MONITORING AND REPORTING PROGRAM; AND (4) ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS, PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) FOR THE IRWINDALE GATEWAY
SPECIFIC PLAN
A. RECITALS.
(i) Jeff Dritley, on behalf of KP Irwindale Owner, LLC 1875 Century Park East, Suite 380, Los Angeles, CA 90067, the Applicant, has made the following requests: 1) General Plan Amendment (GPA) No. 02-2022 to change the Land Use Designation from Regional Commercial to Irwindale Gateway Specific Plan; 2) Zone Ordinance Amendment (ZOA) No. 02-2023 to adopt the Irwindale Gateway Specific Plan; 3) Zone Change (ZC) No. 02-2022 to change the Zoning Map designation from M-2 (Heavy Manufacturing) to Irwindale Gateway Specific Plan; and Tentative Parcel Map (TPM) No. 83854 to subdivide the site into seven (7) parcels for property located at 13620 Live Oak Lane – APNs: 8532-002-046 and 8532-002-047; and (ii) The proposed Irwindale Gateway Specific Plan (SP), provides for the planned use and long-term development of the property over the next several years; and
(iii) As a result, the following entitlements are being considered for approval for The Irwindale Gateway Specific Plan:
• Environmental Impact Report (SCH #2023020290)
• General Plan Amendment No. 02-2022
• Zone Ordinance Amendment No. 02-2023
• Zone Change No. 02-2022
• Tentative Parcel Map No. 83854
(iv) In compliance with Public Resources Code Section 21080.4, a Notice of Preparation (“NOP”) was released by the City for public comment on February 10, 2023 and concluded on March 11, 2023. Eleven (11) comments were received during the comment period. The NOP was distributed for public comment to the State Clearinghouse, Office of Planning and Research, responsible agencies, and other interested parties for a 30-day public review. During the 30-day comment period, a Public Scoping meeting was held on March 2, 2023 to gather information for the scope of the Draft EIR. The meeting was held in the Senior Center Dining
Resolution No. 2025-01-3589
FEIR, MMRP, SOC
Room (16116 Arrow Highway) at 6:00 PM. The oral and written comments received during the meeting were addressed in the Draft EIR; and (v) Pursuant to the authority and criteria contained in CEQA, and the City of Irwindale environmental guidelines, the City of Irwindale, as the Lead Agency, has analyzed the project and has prepared an Environmental Impact Report (“EIR”) for the Specific Plan project. The Notice of Availability related to the EIR was released by the City for public comment on May 13, 2024 and concluded on June 27, 2024.
(vi) Said comments were responded through a Comments and Responses section as part of the FEIR for the Specific Plan; and
(vii) A copy of the EIR was circulated through the State Clearinghouse (SCH# 2023020290), posted on the City’s website, and was available at the Irwindale Public Library, City Clerk’s Office, and Community Development Department. A copy of the EIR and Mitigation Monitoring and Reporting Program (Exhibit C) was posted on the project’s dedicated website https://www.irwindaleca.gov/590/13620-Live-Oak-Lane---IrwindaleGateway-; and (viii) The public review period for the Draft EIR ended on June 27, 2024, and ten (10) comments were received during the comment period; and (ix) A Final Environmental Impact Report (“FEIR”), SCH# 2023020290 was prepared for the proposed project, including the Draft EIR, comments received on the Draft EIR and responses to those comments, and revisions and corrections to the Draft EIR made in response to comments received, and CEQA Findings of Fact (FOF) and a Statement of Overriding Considerations (SOC) (Exhibit B); and
(x) The FEIR for the proposed Specific Plan provides an assessment of the environmental impacts, alternatives, and mitigation measures associated with the Specific Plan, and has been prepared in accordance with Public Resources Code Section 21000 et seq. (CEQA), and State regulations in Title 14 of the California Code of Regulations, Section 15000 et seq. (CEQA Guidelines); and
(xi) The Planning Commission of the City of Irwindale (Planning Commission) has considered the FEIR and its implementing actions (State Clearinghouse No. SCH# 2023020290) for the Specific Plan, which provides, among other provisions, for the planned use and long-term development of the industrial/commercial business park; and
Resolution No. 2025-01-3589
FEIR, MMRP, SOC
(xii) Notice of public hearing before the Planning Commission concerning its consideration of the FEIR was given in accordance with the laws, including CEQA, and policies of the City of Irwindale; and
(xiii) On October 28, 2024, the Irwindale Planning Commission continued the hearing on this item to a date certain (November 26, 2024); and (xiv) The Special Planning Commission Meeting of November 26, 2024 was later rescheduled to November 14, 2024, and
(xv) Revised notices of public hearing were published, posted, and mailed in accordance with the laws, including CEQA, Government Code and policies of the City of Irwindale; and
(xvi) On November 14 ,2024, the Planning Commission conducted a duly noticed public hearing on the Irwindale Gateway Specific Plan and corresponding General Plan Amendment No. 02-2022, Zone Change No. 02-2022, Zone Ordinance Amendment No. 02-2023, and Tentative Parcel Map No. 83854 , and the FEIR for the Specific Plan (SCH# 2023020290) at which time, the Planning Commission opened the public hearing, took testimony on the Application, at which time they received input from staff, the Assistant City Attorney, and the Applicant, heard public testimony, discussed the Proposed Project; and closed the public hearing; and (xvii) On December 16, 2024, notice of a public hearing before the City Council on the proposed project adoption, was given in accordance with applicable law; and
(xviii) On January 8, 2025, the City Council conducted a duly noticed public hearing, as required by law, on the proposed Application at which time oral and documentary evidence was introduced along with the written recommendation of the City of Irwindale City Council, received public testimony; and
(xix) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Irwindale, having reviewed and considered the information in the certified FEIR and supporting documents and materials, does hereby find, determine, resolve and order as follows:
1. CITY COUNCIL RECORD RECORD
Resolution No. 2025-01-3589
FEIR, MMRP, SOC
The proceedings and all evidence introduced before the City Council at its public hearing on the Final EIR held on January 8, 2025, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision-makers, including all documents specified under applicable State law shall comprise the entire record of proceedings for any claims under CEQA.
2. FINAL ENVIRONMENTAL IMPACT REPORT CONTENTS
In accordance with CEQA Guidelines, Section 15132, the FEIR consists of the following:
a. The Draft Environmental Impact Report (DEIR) or a revision of the Draft; b. Comments and recommendations received on the DEIR either verbatim or in summary;
c. A list of persons, organizations, and public agencies comments on the DEIR;
d. The responses of the Lead Agency to significant environmental points raised in the review and consultation process; and
e. Any other information added by the Lead Agency.
(All hereafter collectively referred to as “FEIR”)
3. ACCOMPANYING DOCUMENTS TO FEIR.
Documents that shall accompany the FEIR are:
a. Mitigation Monitoring and Reporting Program; and
b. Findings of Fact; and
c. Statement of Overriding Considerations
4. CITY COUNCIL REGARDING CEQA FINDINGS OF FACT, MITIGATION
MONITORING AND REPORTING PROGRAM AND STATEMENT OF
OVERRIDING CONSIDERATIONS
a. Adoption of Findings of Fact. The City Council approves, accepts as its own, incorporates as if set forth in full herein, and make each and every one of the findings contained in the Findings of Fact, attached as Exhibit “B” of this Resolution.
b. Certification of Final Environmental Impact Report. The City Council hereby certifies that (1) the FEIR has been completed in compliance with CEQA; (2) that it has reviewed and considered the information contained in the FEIR prior to approving the project; and (3) that the FEIR reflects the City Council’s independent judgment and analysis. .
Resolution No. 2025-01-3589
FEIR, MMRP, SOC
c. Adoption of the Mitigation Monitoring and Reporting Program. As more fully identified and set forth in FEIR and in the Findings of Fact for this Project, which is Exhibit “B” to this Resolution, the City Council finds that the Mitigation Measures described and specifically identified in the above referenced documents are feasible and shall become binding upon the entity (such as the project proponent or the City) assigned thereby to implement the particular Mitigation Measures as identified in the Mitigation Monitoring and Reporting Program.
d. Adoption Statement of Overriding Considerations. Even after the adoption of all feasible mitigation measures and, certain significant or potentially significant environmental effects caused by the Project directly, or cumulatively, will remain. Therefore, the City Council hereby issues and adopts a Statement of Overriding Considerations in the form set forth in the attached Exhibit “B” a copy of which is on file in the office of the City Clerk, identifying the specific economic, legal, social, technological and other considerations that render the unavoidable significant adverse environmental effects acceptable, either in its current form or as may be modified or amended by the City Council.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council and to the Applicant.
The Secretary shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by mail, to the Applicant at the address of record set forth in the Application.
PASSED, APPROVED AND ADOPTED this 8th day of January 2025.
Larry G. Burrola, Mayor
ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2025-01-3589 was adopted at a regular meeting of the
Resolution No. 2025-01-3589
FEIR, MMRP, SOC
Irwindale City Council held on the 8th day of January 2025, by the following vote of the Council:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Laura M. Nieto, MMC
Chief Deputy City Clerk
Exhibits:
A. Final Environmental Impact Report (SCH #2023020290)
B. CEQA Findings of Fact which include: Impacts Determined to be Less Than Significant; Impacts Mitigated to Less Than Significant; Significant Unavoidable Adverse Impacts; Alternatives Considered and Rejected; and Statement of Overriding Considerations
C. Mitigation Monitoring and Reporting Program
EXHIBIT “A”
IRWINDALE GATEWAY SPECIFIC PLAN FINAL
ENVIRONMENTAL IMPACT REPORT (FEIR)
WITH APPENDICES
https://www.irwindaleca.gov/DocumentCenter/View/9569
IRWINDALE GATEWAY SPECIFIC PLAN FINAL
ENVIRONMENTAL IMPACT REPORT (FEIR)
WITHOUT APPENDICES
https://www.irwindaleca.gov/DocumentCenter/View/9603
EXHIBIT “B”
CEQA FINDINGS OF FACT (FOF)
STATEMENT OF OVERRIDING CONSIDERATIONS (SOC)
https://www.irwindaleca.gov/DocumentCenter/View/9604
Irwindale Gateway Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 1 -
CEQA FINDINGS OF FACT
AND STATEMENT OF OVERRIDING CONSIDERATIONS
REGARDING THE
FINAL ENVIRONMENTAL IMPACT REPORT
FOR THE
IRWINDALE GATEWAY SPECIFIC PLAN
STATE CLEARINGHOUSE NO. 2023020290
I. INTRODUCTION
The California Environmental Quality Act (“CEQA”) requires that a number of written findings be made by the lead agency in connection with certification of an environmental impact report (“EIR”) prior to approval of the project pursuant to Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public Resources Code. The State CEQA Guidelines Section 15091 provides:
(a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding.
The possible findings are:
1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR.
2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can or should be adopted by such other agency.
3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. (b) The findings required by subdivision (a) shall be supported by substantial evidence in the record.
(c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives.
The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives.
Irwindale Gateway Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 2 -
(d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. (e) The public agency shall specify the location and custodian of the documents or other materials which constitute the record of the proceedings upon which its decision is based.
(f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section.
Public Resources Code Section 21061.1 defines “feasible” to mean “capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.” CEQA Guidelines section 15364 adds another factor: “legal” considerations. (See Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 565 (Goleta II).) The concept of “feasibility” also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project. (California Native Plant Soc. v. City of Santa Cruz (2009) 177 Cal.App.4th 957, 1001 [“an alternative ‘may be found infeasible on the ground it is inconsistent with the project objectives as long as the finding is supported by substantial evidence in the record’”].) An alternative may also be rejected because it “would not ‘entirely fulfill’ [a] project objective.” Citizens for Open Government v. City of Lodi (2012) 205 Cal.App.4th 296, 314-315.) “[F]easibility” under CEQA encompasses ‘desirability’ to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors.” (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 715.)
With respect to a project for which significant impacts are not avoided or substantially lessened, a public agency, after adopting proper findings, may nevertheless approve the project if the agency first adopts a statement of overriding considerations setting forth the specific reasons why the agency found that the project's “benefits” rendered “acceptable” its “unavoidable adverse environmental effects.” (CEQA Guidelines, §§ 15093, 15043, subd. (b); see also Pub. Resources Code, § 21081, subd. (b).) The California Supreme Court has stated, “[t]he wisdom of approving . . . any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced.” (Goleta II, supra, 52 Cal.3d at p. 576.)
Irwindale Gateway Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 3 -
When adopting Statements of Overriding Considerations, State CEQA Guidelines Section 15093 further provides:
(a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable
environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposal project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.”
(b) Where the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. This statement of overriding considerations shall be supported by substantial evidence in the record.
(c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091.
Having received, independently reviewed, and considered the Draft Environmental Impact Report (“Draft EIR”) and the Final Environmental Impact Report (“Final EIR”) for the Irwindale Gateway Specific Plan Project, SCH No. 2023020290 (collectively, the “EIR”), as well as all other information in the record of proceedings on this matter, the following Findings of Facts (“Findings”) are hereby adopted by the City of Irwindale (“City”) in its capacity as the CEQA Lead Agency.
These Findings set forth the environmental basis for the discretionary actions to be undertaken by the City for adoption and implementation of the Irwindale Gateway Specific Plan (“proposed project” or “Specific Plan”). This action includes the certification of the following:
Irwindale Gateway Specific Plan Environmental Impact Report, SCH No. 2023020290 A. DOCUMENT FORMAT
These Findings have been organized into the following sections:
1) Section I provides an introduction.
2) Section II provides a summary of the project, overview of the discretionary actions required for approval of the project, and a statement of the project’s objectives.
Irwindale Gateway Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 4 -
3) Section III provides a summary of previous environmental reviews related to the project area that took place prior to the environmental review done specifically for the project, and a summary of public participation in the environmental review for the project.
4) Section IV sets forth findings regarding the environmental impacts that were determined to be—as a result of the Notice of Preparation (NOP) and consideration of comments received during the NOP comment period—either not relevant to the project or clearly not at levels that were deemed significant for consideration given the nature and location of the proposed project.
5) Section V sets forth findings regarding significant or potentially significant environmental impacts identified in the Draft EIR that the City has determined are either not significant or can feasibly be mitigated to a less than significant level through the imposition of project design features and/or mitigation measures. In order to ensure compliance and implementation, all of these measures are included in the Mitigation Monitoring and Reporting Program (“MMRP”) for the project and adopted as conditions of the project by the Lead Agency. Where potentially significant impacts can be reduced to less than significant levels through adherence to project design features and/or mitigation measures, these findings specify how those impacts were reduced to an acceptable level. Section 5 also includes findings regarding those significant or potentially significant environmental impacts identified in the Draft EIR that will or may result from the project and which the City has determined cannot feasibly be mitigated to a less than significant level.
6) Section VI sets forth findings regarding alternatives to the proposed project. 7) Section VII sets forth the Statement of Overriding Considerations which discusses the economic, legal, social, technological, and other benefits of the proposed project and compares these to the project’s unavoidable environmental risks.
B. RECORD OF PROCEEDINGS
For purposes of CEQA and these Findings, the Record of Proceedings for the Proposed Project consists of the following documents and other evidence, at a minimum:
The NOP and all other public notices issued by the City in conjunction with the proposed project
The Draft EIR for the proposed project
The Final EIR for the proposed project
All written comments submitted by agencies or members of the public during the public review comment period on the Draft EIR
All responses to written comments submitted by agencies or members of the public during the public review comment period on the Draft EIR
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All written and verbal public testimony presented during a noticed public hearing for the proposed project
The Mitigation Monitoring and Reporting Program
The reports and technical memoranda included or referenced in the Response to Comments
All documents, studies, EIRs, or other materials incorporated by reference in the Draft EIR and Final EIR
The Resolutions adopted by the City of Irwindale in connection with the proposed project, and all documents incorporated by reference therein, including comments received after the close of the comment period and responses thereto Matters of common knowledge to the City of Irwindale, including but not limited to federal, state, and local laws and regulations
Any documents expressly cited in these Findings
Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e)
The documents and other material that constitute the record of proceedings on which these findings are based are located at the City of Irwindale Community Development Department. The custodian for these documents is the City of Irwindale. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and 14 California Code Regulations Section 15091(e).
C. CUSTODIAN AND LOCATION OF RECORDS
The documents and other materials that constitute the administrative record for the City’s actions related to the project are at the City of Irwindale Community Development Department – Planning Division, 16102 Arrow Highway, Irwindale, CA 91706. The City’s Community Development Department – Planning Division is the custodian of the administrative record for the project. Copies of these documents, which constitute the record of proceedings, are and at all relevant times have been and will be available upon request at the City of Irwindale Community Development office. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and 14 California Code Regulations Section 15091(e).
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II. PROJECT SUMMARY
The Irwindale Gateway Specific Plan (Specific Plan) outlines two (2) options for the development of the project site, both of which are outlined in the Specific Plan. Both options involve developing the project site as an industrial logistics and distribution center, however, Option 2 would develop a Battery Energy Storage System (BESS) on a portion of the site, discussed below. The impacts associated with these two options are discussed and analyzed separately throughout the Draft EIR.
Prior to implementation of the Specific Plan, a majority of the site will have undergone reclamation pursuant to the Nu-Way Live Oak Reclamation Operations Plan. The Operations Plan for site reclamation was approved by the Regional Water Quality Control Board in September 2022 and the rough grading plan for the reclamation was approved by the County of Los Angeles Department of Public Works in September 2022. These reclamation activities are currently underway and the rough graded site per the Operations Plan serves as the baseline for analysis in the Draft EIR.
The Specific Plan includes details, regulations, and conditions necessary for Specific Plans pursuant to California Government Code Section 65451, including:
The distribution and location of housing, agriculture, and open space, together with regulations establishing height, bulk, and setback limits for such buildings and facilities, including the location of areas such as floodplains or excessively steep or unstable terrain.
Standards for existing and proposed transportation, sewage, water, and drainage. Standards for the conservation, development, and utilization of natural resources, including the prevention, control, and correction of soil erosion caused by subdivision roads or any other sources, and the protection of watershed areas.
A. PROJECT LOCATION
The Specific Plan site is at 13620 Live Oak Lane in the central portion of the City of Irwindale in Los Angeles County. The project site is bordered by Interstate 605 (I-605) to the west, Live Oak Lane to the north and east, and Live Oak Avenue to the south. The Assessor’s Parcel Numbers (APNs) for the project site are 8532-002-046 and 8532-002- 047. There is also a 9.61-acre Southern California Edison (SCE) easement on the project site. The project site encompasses a former sand and gravel quarry, the NuWay Live Oak Inert Landfill (NuWay Landfill), and a former street-cleaning business.
The site does not include the industrial uses (APNs 8532-002-036, 8532-002-040, and 8532-002-043) that are between the northeast part of the project site and Live Oak Lane, nor does the site boundary include the parcel owned by the Valley County Water District (APN 8532-002-904) at the southeastern corner of the project site.
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B. PROJECT DESCRIPTION
Option 1
Option 1 of the Specific Plan would include a 52.65-acre parcel developed as an industrial logistics and distribution center with three buildings and associated parking and loading docks. The remaining 13.99 acres of the site would be used for public rights-of-way and the SCE easement that runs from north to south along the western portion of the site. The three buildings would allow a maximum of 997,796 square feet of building space—954,796 square feet of warehouse space and 43,000 square feet of office space. Trailer, truck, and/or car parking would be included throughout the project site.
Option 2
Option 2 would include a 36.71-acre parcel developed as an industrial logistics and distribution center with two warehousing/office buildings and a 15.94-acre parcel for the 400-megawatt BESS (electric energy storage, transmission and AC/DC and voltage conversion). The two buildings would allow a maximum of 704,070 square feet—668,070 square feet of warehouse space and 36,000 square feet of office space. The preliminary design for the BESS has 353,000 square feet of battery arrays, within which battery enclosures, inverter enclosures, and medium voltage transformers would be arranged.
The BESS would be served by an undergrounded electrical tie-line unless applicable agencies (Southern California Edison or California Independent System Operator (CALISO)) require an overhead line. If required, an overhead electric tie-line would consist of three 220-kilovolt conductor cables below an optical ground wire that serves dual purposes of grounding and fiber optic communications An overhead line would be subject to a Zone Variance application per IMC Chapter 17.32.
C. DISCRETIONARY ACTIONS AND APPROVALS
Project development requires the following discretionary actions and approvals from the City:
Certification of the Irwindale Gateway Specific Plan EIR Approval of City of Irwindale General Plan Amendment
Approval of City of Irwindale Zone Change
Approval of City of Irwindale Zone Ordinance Amendment (adopting the Irwindale Gateway Specific Plan)
Approval of Tentative Parcel Map
Certification of the Environmental Impact Report SCH No. 2023020290 Adoption of Findings of Fact and Statement of Overriding Considerations
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Adoption of Mitigation Monitoring and Reporting Program D. STATEMENT OF PROJECT OBJECTIVES
1. Create a comprehensive master plan for the re-use of a reclaimed sand and gravel quarry, including the development of a utility-scale battery energy storage system.
2. Provide state-of-the-art buildings that can accommodate various industrial and manufacturing uses, including warehouse distribution, logistics, and fulfillment centers with proximate access to Interstate 605 on- and off-ramps.
3. Ensure that infrastructure plans for water, sewer, and drainage are adequately designed for the Specific Plan.
4. Provide a circulation system that meets transportation requirements and minimizes potential adverse impacts on the surrounding area.
5. Provide guidelines and standards for architecture, landscaping, walls, fencing, lighting, and entry treatments that are compatible with the design and architecture of the surrounding uses.
III. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION PROCESS In conformance with CEQA and the State CEQA Guidelines, the City conducted an extensive environmental review of the Proposed Project. The City of Irwindale determined that an EIR would be required for the Proposed Project and issued a Notice of Preparation (“NOP”) on February 10, 2023. The NOP was sent to all responsible agencies, trustee agencies, and the Office of Planning Research and posted at the Los Angeles County Clerk-Recorder’s office and on the City’s website on February 10, 2023. The thirty (30)-day public review period extended from February 10, 2023, to March 11, 2023. However, because the scoping meeting was held relatively close to the end date of the comment period, the local comment period was extended to March 18, 2023, to give local individuals and organizations one additional week to submit comments.
A scoping meeting was held during the NOP review period to solicit additional suggestions on the scope of the Draft EIR. The scoping meeting was held on Thursday March 2, 2023 at 6:00 PM at the Irwindale Community Center. The notice of the public scoping meeting was included in the NOP. Oral and written comments were received during the meeting.
The scope of the Draft EIR was determined based on the City’s comments received in response to the NOP. Section 2.3 of the DEIR describes the issues identified for analysis in the Draft EIR.
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The City of Irwindale prepared a Draft EIR, which was made available for a forty-five (45)-day public review period beginning Monday, May 13, 2024 and ending Thursday, June 27, 2024.
The complete Draft EIR consists of the analysis of the Specific Plan and all referenced appendices. The Notice of Availability (“NOA”) for the Draft EIR was sent to all interested persons, agencies, and organizations. The Notice of Completion (“NOC”) was sent to the State Clearinghouse in Sacramento for distribution to public agencies. The NOA was posted at the Los Angeles County Clerk-Recorder’s office and published in the San Gabriel Valley Tribune on May 13, 2024. Copies of the Draft EIR were made available for public review at the City of Irwindale City Hall, Irwindale Public Library, and Irwindale Community Development -- Planning Division. The Draft EIR was also made available for download via the City’s website:
https://www.irwindaleca.gov/590/13620-Live-Oak-Lane---Irwindale-Gateway A special meeting of the City of Irwindale Planning Commission is scheduled for October 28, 2024, at 6:30 PM. The meeting will be held in the City of Irwindale Council Chambers, located at 5050 Irwindale Avenue, Irwindale, CA 91706, and online via Zoom.
Section 15088(b) of Title 14 of the California Code of Regulations (State CEQA Guidelines requires lead agencies to provide written Responses to Comments to public agencies commenting on the Draft EIR at least 10 days prior to certifying the Final EIR. Seven comment letters were received from public agencies.
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IV. ENVIRONMENTAL ISSUES THAT WERE DETERMINED NOT TO BE
POTENTIALLY AFFECTED BY THE PROPOSED PROJECT
A. IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT DURING THE
SCOPING PROCESS
Based on the public scoping process (including review of NOP responses), in addition to analysis prepared for the Draft EIR, the City determined, based upon the threshold criteria for significance, that none of the environmental topics were determined to have no impact or were found to be less than significant. As a result, all environmental topics were analyzed in Chapter 5 of the EIR.
B. IMPACTS DETERMINED AS “NO IMPACT” AND “LESS THAN SIGNIFICANT IMPACTS” IN THE EIR
This section identifies impacts of the proposed project determined to be less than significant without implementation of project-specific mitigation measures. This determination assumes compliance with existing regulations, as detailed in each respective topical section of Chapter 5 and Chapter 8, Impacts Found Not to Be Significant, in the Draft EIR.
a) Aesthetics. Implementation of the proposed project under Option 1 or 2 would not obstruct existing views of the San Gabriel Mountains and Puente Hills from surrounding roadways that abut the project site due to the substantially higher elevation of the mountains when compared to the proposed buildings and BESS infrastructure. Additionally, implementation of the proposed Specific Plan would ensure that the proposed development does not conflict with aesthetic related zoning regulations. The Specific Plan also provides standards for lighting and glare to ensure that project development does not adversely affect surrounding receptors. Furthermore, there would be no impacts to scenic corridors or highways since none exist within the vicinity of the project site. b) Agricultural and Forestry Resources. Most of the project site is a former sand and gravel quarry and inert landfill and is currently undergoing remedial grading operations. As such, the project site does not contain any existing agricultural uses, land designated as important farmland by the California Department of Conservation, Williamson Act contracts, or forest/timberland resources. Therefore, development of the site under either Option 1 or 2 would have no impact on agricultural and forestry resources.
c) Air Quality. The proposed project would not exceed the South Coast Air Quality Management District’s (AQMD’s) localized significance thresholds for construction and operational emissions under either Option 1 or Option 2. Additionally, the qualified health risk from construction and operational emissions would not exceed South Coast AQMD’s cancer risk and chronic hazards thresholds for either Option 1 or Option 2. The potential health risk associated with a thermal runaway event
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of lithium-ion battery systems from the BESS was also evaluated and was determined unlikely to result in substantial toxic air contaminant concentrations for sensitive receptors.
d) Biological Resources. The project site is a former sand and gravel quarry and inert landfill. It has been highly disturbed over the last 65 years, with mining on the site commencing in 1957. A majority of the project site is currently undergoing remedial grading operations. The proposed project would not disturb any area that was not previously disturbed by reclamation activities, and the SCE easement would remain undeveloped under proposed conditions. Areas disturbed by reclamation activities have no habitat suitable for the two special species of concern that have been observed and recorded within a mile of the project site, the coast horned lizard or coastal whiptail. Additionally, while the project site is
0.34 miles southwest of the San Gabriel Canyon Significant Ecological Area which provides critical habitat for southwestern willow flycatcher, no suitable habitat for the species exists on the project site and no trees would be removed from the project site during implementation of the Specific Plan. Additionally, the project site does not contain sensitive natural communities or viable riparian habitat that is considered a protected wetland. Project development would take place within the boundaries of the project site and adjacent urban lands to the south including Live Oak Avenue and the Rio Hondo substation and would not impact the San Gabriel River or Santa Fe Flood Control Dam. The proposed project was concluded to have less than significant impacts to biological resources under both Options 1 and 2.
e) Cultural Resources. The proposed project would have no impact on historic resources since no historic resources exist on the project site. Additionally, while grading activities under construction of the proposed project have the potential to unearth human remains, existing laws and regulations outline specific procedures in the event of these discoveries that ensure that impacts under both Option 1 and Option 2 are less than significant.
f) Energy. The proposed project would not result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation for Option 1 or Option
2. Energy use associated with construction would be temporary. Construction contractors would be required to minimize nonessential idling of construction equipment during construction in accordance with the California Code of Regulations, Title 13, Chapter 9, Article 4.8, Section 2449. Additionally, under Option 2, the proposed project would facilitate greater use of renewable energy sources, therefore decreasing reliance on fossil fuels. All land uses under the proposed project would also comply with the Building Energy Efficiency Standards and the California Green Building Code (CALGreen).
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g) Geology and Soils. The project site is not located on or near any active surface faults or liquefaction hazard zones. While seismic activity in the project area could lead to ground-shaking, project buildings would comply with California Building Code (CBC) standards. Additionally, the grading to be conducted as part of the Operations Plan prior to implementation of the proposed project would ensure that uneven and unstable ground is filled and that the project site is flat. Erosion resulting from construction of the proposed project would be reduced with compliance with a Storm Water Pollution Prevention Plan (SWPPP) and Irwindale Municipal Code (IMC) and CBC standards. Subsequent geotechnical evaluation would identify engineering recommendations based on final project design, and mandatory compliance with the recommendations of the geotechnical evaluation would ensure impacts associated with other soil hazards including compressible soils, unstable soils, and subsidence would be less than significant for Options 1 and 2. Additionally, either version of the proposed project would not result in significant impacts to paleontological resources since the project site is covered by a thick layer of artificial fill. If the grading activities extend into the native alluvium, paleontological resources could be impacted by the project, though the likelihood is low.
h) Greenhouse Gas Emissions. Neither option of the proposed project would conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs, which include the California Air Resources Board 2022 Scoping Plan and the Southern California Association of Government’s (SCAG’s) Regional Transportation and Sustainable Communities Strategy (RTP/SCS). For example, the proposed project would comply with the Building Energy Efficiency Standards and CALGreen in addition to supporting GHG emissions reduction measures through the development of BESS under Option 2.
Additional ways that the proposed project would support the scoping plan and the RTP/SCS are discussed on page 5.6-24 of the Draft EIR.
i) Hazards and Hazardous Materials. Both options of the proposed project would comply with all applicable regulations to ensure that the use, transport, and disposal of hazardous materials under the proposed project would not result in significant impacts. This includes specific fire safety requirements for BESS that are discussed in detail under Impact 5.7-1 of the Draft EIR. Additionally, all existing recognized environmental conditions at the project site would be remediated with impacts being reduced to less than significant under implementation of the Operations Plan. The proposed project would also result in less than significant impacts with respect to emergency service and evacuation access with plan review by the City’s Building and Safety Department, along with the Los Angeles County Fire Department and Irwindale Police Department, to ensure adequate site access is maintained and that project driveways would not interfere with circulation on adjacent streets. The project site is not within proximity to an airport and no conditions under the proposed project would exacerbate fire risk.
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j) Hydrology and Water Quality. Both options of the proposed project would be required to implement a Stormwater Pollution Prevention Plan and comply with the Municipal Code, the erosion control plan, and grading requirements throughout the construction phase of the development accommodated by the Specific Plan. These regulatory requirements would address anticipated pollutants of concern from construction activities. Pursuant to the State Construction General Permit, the MS4 Permit, the Statewide General Permit for Stormwater Discharges Associated with Industrial Activities, Chapter 8.28 of the City’s Municipal Code, and requirements of Sections 404 and 401 of the CWA, the Specific Plan would be required to implement federal, State, and local water quality standards; construction phase BMPs; post-construction site design, treatment, and source control measures to help keep pollutants out of stormwater. Additionally, the proposed project would not interfere with groundwater recharge, since the proposed project would have sufficient water supply from the project’s water provider Valley County Water District (VCWD). The preliminary hydrology report for the proposed project shows that the that the proposed basin for the project site regulates peak flows from the 50-Year 24-Hour storm event so that the post-development runoff does not exceed 1 cubic-feet-second/acre. The project site is not subject to flooding hazards. k) Land Use and Planning. Neither option under the proposed project would physically divide an existing community. The proposed uses are generally consistent with the land use currently operating on adjacent properties and the project site does not provide access to established communities. An analysis of the project’s consistency with relevant plans including the SCAG RTP/SCS, Irwindale General Plan, and Irwindale Zoning Code included in Table 5.9-1, SCAG 2020-2045 RTP/SCS Goals Consistency Analysis, and Table 5.9-2, General Plan Consistency Analysis, of the Draft EIR. The Specific Plan would be consistent with the applicable policies and goals of these plans.
l) Mineral Resources. The project site is in an area designated MRZ-2 and the Irwindale Production Area, however, the site is designated with land uses incompatible with mining in the San Gabriel P-C region and no active mining operations are present on the project site. Furthermore, there are no active mining operations on-site, and past mining operations depleted mineral resources at the project site. There would be no impacts to mineral resources under either option of the proposed project.
m) Noise. Construction associated with either option under the proposed project would generate noise-level increases from 0.2 to 0.3 dBA Leq at the nearest receiver locations which would not exceed the 5 dBA threshold for noise increases, consistent with the Irwindale Municipal Code. Additionally, operational noise levels would not exceed 5 dBA for either Option 1 or Option 2 at the nearest receptor locations. Similarly, traffic noise levels as a result of traffic added by the proposed project would not exceed the incremental noise level increase thresholds. Vibration
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impacts from construction equipment would not result in damage to nearby receptors.
n) Population and Housing. The proposed project would not result in any new housing in the City but is expected to add approximately 580 long-term new jobs under Option 1 and 475 long-term new jobs under Option 2. These jobs are expected to be filled by residents in the City and region. No direct population growth would occur. Additionally, no housing exists at the project site and therefore no residents or homes would be displaced by the proposed project. o) Public Services. The Los Angeles County Fire Department (LACFD) would provide fire service to the project site and anticipates that the proposed project would not have a significant impact on the service demands of the station that serves the proposed project. The BESS would be subject to LACFD review and would be required to comply with fire code requirements specific to energy storage systems. The Irwindale Police Department noted that the proposed project would not require expansion of police protection facilities. School and library services would not be impacted by the proposed project because the project would not generate population growth.
p) Recreation. Recreational uses under the proposed project would not be impacted by the proposed project since the project does not involve uses that would generate population in the City.
q) Transportation. Neither option under the proposed project would impact City circulation systems. A Traffic Impact Analysis was conducted for the proposed project and is included as Appendix L2 to the Draft EIR which concluded that signalization at the intersection of Live Oak Avenue and Live Oak Lane would be needed to address traffic impacts from both options of the proposed project. The proposed project would also provide pedestrian amenities and bicycle parking facilities both on the project site and within the surrounding right-of-way, supporting the City’s implementation of its Active Transportation Plan. Additionally, the proposed project would not create roadway hazards or result in inadequate emergency access to the project site. The development would comply with fire and building codes, and circulation plans would be reviewed by the Planning Division and LACFD. Furthermore, consistent with the Specific Plan, prior to the issuance of building permits for development projects in the project site that involve a driveway connection point on Live Oak Avenue, the project applicant shall submit a driveway access study to the Irwindale Public Works Department for City review and approval.
r) Utilities and Service Systems. As discussed in the analysis of Impact 5.15-1 and the Sewer Area Study for the proposed project, the existing wastewater infrastructure serving the project site would be able to accommodate the additional flows from development under the Specific Plan. Wastewater from the project site
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would be treated at the San Jose Creek Water Reclamation Plant which has capacity to accommodate the wastewater from the proposed project. The total water demand for the project site is anticipated to be 101 acre-feet-year, accounting for water losses, which falls within the residual water supplies available to VCWD. Impacts to stormwater drainage would be less than significant with implementation of the on-site detention basin and the modular wetlands systems at the project site, as discussed further in Sections 5.8 Hydrology and Water Quality, and Section 5.15, Utilities and Service Systems, of the Draft EIR. Solid waste disposal under the proposed project would be required to comply with various federal, state, and local laws and regulations that govern solid waste disposal. Additionally, the two (2) landfills that would serve the proposed project would have capacity to serve the proposed project. While the Specific Plan would increase energy demand at the site compared to existing conditions, all development would be required to comply with the latest applicable Building Energy Efficiency Standards and CALGreen. The proposed project would represent negligible increases to the natural gas and electricity consumption of its service area.
s) Wildfire. The project site is not in a high Fire Hazard Severity Zone (FHSZ) or very high FHSZ but is adjacent to a very high FHSZ. However, the project site is separated from this FHSZ area due to roadways which would act as fire breaks.
The electrical infrastructure of the BESS would undergo maintenance to ensure that there is no fuel buildup that would exacerbate fire risk on- or off-site. The proposed project would therefore not exacerbate fire risk.
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V. FINDINGS REGARDING POTENTIALLY SIGNIFICANT ENVIRONMENTAL
IMPACTS
The following potentially significant environmental impacts were analyzed in the Draft EIR, and the effects of the project were considered. Because of environmental analysis of the project and the identification of relevant General Plan policies; compliance with existing laws, codes, and statutes; and the identification of feasible mitigation measures, some potentially significant impacts have been determined by the City to be reduced to a level of less than significant, and the City has found—in accordance with CEQA Section 21081(a)(1) and State CEQA Guidelines Section 15091(a) (1)—that “Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment.” This is referred to herein as “Finding 1.” Where the City has determined—pursuant to CEQA Section 21081(a)(2) and State CEQA Guidelines Section 15091(a)(2)—that “Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency,” the City’s finding is referred to herein as “Finding 2.” Where, as a result of the environmental analysis of the project, the City has determined that either (1) even with the identification of project design features, compliance with existing laws, codes and statutes, and/or the identification of feasible mitigation measures, potentially significant impacts cannot be reduced to a level of less than significant, or (2) no feasible mitigation measures or alternatives are available to mitigate the potentially significant impact, the City has found in accordance with CEQA Section 21081(a)(3) and State CEQA Guidelines Section 15091(a)(3) that “Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report.” This is referred to herein as “Finding 3.”
A. IMPACTS MITIGATED TO LESS THAN SIGNIFICANT
The following summary describes impacts of the Proposed Project that, without mitigation, would result in significant adverse impacts. Upon implementation of the mitigation measures provided in the EIR, these impacts would be considered less than significant.
1. Air Quality
Impact 5.2-4: The proposed project would result in other emissions that would adversely affect a substantial number of people. [Threshold AQ-4] Construction
During construction activities, construction equipment exhaust and application of asphalt and architectural coatings would temporarily generate odors. Any construction-related odor emissions would be temporary and intermittent. Additionally, noxious odors would be
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confined to the immediate vicinity of the construction equipment. By the time such emissions reached any sensitive receptor sites, they would be diluted to well below any level of air quality concern. Furthermore, short-term construction-related odors are expected to cease upon the drying or hardening of odor-producing materials. Therefore, impacts associated with construction-generated odors are considered less than significant for both Option 1 and Option 2 of the proposed project.
Operation
The type of facilities that are considered to have objectionable odors include wastewater treatment plants, compost facilities, landfills, solid waste transfer stations, fiberglass manufacturing facilities, paint/coating operations (e.g., auto body shops), dairy farms, petroleum refineries, asphalt batch plants, chemical manufacturing, and food manufacturing facilities. The types of businesses accommodated under the proposed project could result in these types of uses: asphalt plants, automobile and truck repair garages, bakeries and confectionaries (manufacturing and wholesale), bottling plants, computer and electronic parts manufacturing, concrete manufacturing, distribution warehousing and e-commerce fulfillment centers for dry and frozen goods, machinery manufacturing, and product assembly. While these and other types of industrial land uses associated with the proposed project would be required to comply with South Coast AQMD Rule 402, additional measures may be necessary to prevent an odor nuisance. Therefore, certain types of industrial land uses that could be associated with either option of the proposed project may generate potentially significant odor impacts to a substantial number of people.
Mitigation Measure
AQ-2 Prior to future discretionary approval, if it is determined that a project has the potential to emit nuisance odors beyond the property line, an odor management plan shall be prepared by the project applicant, subject to review and approval by the City of Irwindale Community Development Department.
Facilities that have the potential to generate nuisance odors include but are not limited to:
Wastewater treatment plants
Composting, green waste, or recycling facilities
Fiberglass manufacturing facilities
Painting/coating operations
Large-capacity coffee roasters
Food-processing facilities
The odor management plan shall show compliance with the South Coast Air Quality Management District’s Rule 402 for nuisance odors. The odor management plan shall identify the best available control technologies for toxics (T-BACTs) that will be utilized to reduce potential odors to acceptable levels, including appropriate enforcement mechanisms. T-BACTs may include,
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but are not limited to scrubbers (i.e., air pollution control devices) at the industrial facility. T-BACTs identified in the odor management plan shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan.
Finding:
Finding 1 – The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect as identified in the EIR. These changes are identified in the form of the mitigation measure(s) above. The City of Irwindale hereby finds that implementation of the mitigation measure(s) is feasible, and the measure(s) is therefore adopted.
2. Cultural Resources
Impact 5.4-2: Development of the project could impact archaeological resources. [Threshold C-2]
The project site is a former sand and gravel quarry and inert landfill. The project site has been highly disturbed over the last approximately 65 years with mining on the site commencing in 1957. When mining operations ceased in approximately 1973, the depleted quarry pits extended to a maximum depth of approximately 120 feet below ground surface. The Nu-Way Live Oak Inert Landfill operated on the site from approximately 1996 to 2005. Under landfill operation, the former quarry was backfilled with inert materials to its capacity at street level. The site operations plan for reclamation describes the excavation, screening, and placement of approximately 8.3 million cubic yards of fill material. Under the operations plan, existing fill is being excavated to a maximum depth of 120 feet. Excavated materials will be screened for noncompliant materials, which will be segregated and disposed of.
The results of the California Historical Resources Information System records search indicated that there are no archeological resources on the project site or within a 0.25-mile radius. Additionally, the Native American Heritage Commission (NAHC) responded on April 21, 2023, with a negative Sacred Lands File search, indicating no record for the presence of Native American sacred land within the project site. Although the project site has a low potential for archaeological resources, previously unidentified subsurface (buried) resources could potentially be uncovered during ground-disturbing activity in areas that have not been excavated during the reclamation activities and for off-site improvements. If such archaeological resources are encountered during project construction, there could be an adverse change of an archaeological resource, resulting in a significant impact. These impacts would apply under both Option 1 and Option 2 of the proposed project. Mitigation Measures CUL-1 and CUL-2 would be implemented as part of the proposed project to mitigate this impact to less-than-significant.
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Mitigation Measures:
The following mitigation measures reduce this impact to less than significant:
CUL-1 Prior to the issuance of any permits allowing ground-disturbing activities, the project proponent/operator shall retain a Qualified Archaeologist, defined as an archaeologist meeting the Secretary of the Interior’s Standards for professional archaeology (U.S. Department of the Interior, 2011), to carry out all mitigation measures related to archaeological resources. The contact information for this Qualified Archaeologist shall be provided to the City of Irwindale Community Development Department - Planning Division prior to the commencement of any construction activities on-site.
CUL-2 In the event that unanticipated cultural resources are encountered during any phase of project construction, all construction work within 50 feet of the find shall cease, and the Qualified Archaeologist and designated Native American representative, as defined in Mitigation Measure TCR-2, shall assess the find for importance. Construction activities may continue in other areas. If the discovery is determined to not be significant by the Qualified Archaeologist and/or designated Native American representative, work will be permitted to continue in the area.
If a find is determined to be important by the Qualified Archaeologist and designated Native American representative, he or she shall immediately notify the City. The City shall consult on a finding of eligibility and implement appropriate treatment measures if the find is determined to be eligible for inclusion in the California Register of Historical Resources (CRHR). Work may not resume within the no-work radius until the lead agency, through consultation as appropriate, determines that the site either: (1) is not eligible for the CRHR; or (2) treatment measures have been completed to its satisfaction.
Finding:
Finding 1 – The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect as identified in the EIR. These changes are identified in the form of the mitigation measure(s) above. The City of Irwindale hereby finds that implementation of the mitigation measure(s) is feasible, and the measure(s) is therefore adopted.
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3. Transportation
Impact 5.13-2: Development accommodated by the Specific Plan would conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). [Threshold T-2]
Both Options 1 and 2 of the Irwindale Gateway Specific Plan include proposed development of industrial warehousing, associated parking, and loading docks. The project site is currently a vacant lot that is used for a variety of industrial and commercial uses as well as stockpiled materials and debris. Option 1 includes the development of 954,796 square feet of warehouse space and 43,000 square feet of office space. A variety of general warehousing and manufacturing tenants could be accommodated in the three (3) buildings. Option 2 would include two (2) industrial buildings providing 668,070 square feet of warehouse space and 36,000 square feet of office space. Additionally, this option would include a 400-megawatt BESS on approximately 16 acres.
As shown in Table 5.13-1, Project VMT Characteristics, in the Draft EIR, the proposed project would result in 20.8 daily Vehicle Miles Traveled (VMT) per employee for both Options 1 and 2, which would exceed the City’s threshold of 18.5 daily VMT per employee.
Therefore, impacts would be potentially significant without mitigation for both Option 1 and Option 2.
However, as shown in Table 5.13-1, with the implementation of Mitigation Measures T-1 and T-2 the San Gabriel Valley Council of Governments Regional VMT Analysis Tool forecasts the project’s VMT to be reduced to 18.4 daily VMT per employee using industry standards measures of effectiveness for VMT reduction measures within the geographic context of the project. The VMT per employee value is below the City’s threshold.
Therefore, impacts would be less than significant.
Mitigation Measure:
The following mitigation measures would reduce this impact to less than significant:
T-1 The applicant shall coordinate with Foothill Transit and the City of Irwindale to install a bus stop at Live Oak Avenue and Live Oak Lane for the Foothill Transit Line 492. The design and installation of the bus stop shall be coordinated with Foothill Transit and shall be paid for by the project applicant. The bus stop shall be constructed prior to the issuance of a Certificate of Occupancy for the first development project on the project site.
T-2 The applicant shall modify the public sidewalk and landscaping along the north side of the portion of Live Oak Avenue that abuts the project site to include accommodation of a Class IV trail consistent with the City of Irwindale Active Transportation Plan to create a portion of the connection to the San Gabriel River Trail. Prior to the issuance of grading plans, the applicant shall submit
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the required improvement plans for the Class IV trail to the City of Irwindale’s Public Works Department for review and approval.
Finding:
Finding 1 – The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect as identified in the EIR. These changes are identified in the form of the mitigation measure(s) above. The City of Irwindale hereby finds that implementation of the mitigation measure(s) is feasible, and the measure(s) is therefore adopted.
4. Tribal Cultural Resources
Impact 5.14-2: The proposed project would cause a substantial adverse change in the significance of a tribal cultural resource that is determined by the lead agency to be significant pursuant to criteria in Public Resources Code section 5024.1(c). [Threshold TCR-1.ii]
The Sacred Lands File (SLF) search conducted by the Native American Heritage Commission (NAHC) did not indicate the presence of known Tribal Cultural Resources (TCRs) within or immediately adjacent to the project site. However, the Gabrieleño Band of Mission Indians–Kizh Nation indicated that the project area is of high importance to the tribe and that there is the potential for unknown and/or buried TCRs to be encountered during construction activities. Should such resources be determined by the lead agency to be significant, the proposed project could result in potentially significant impacts related to the substantial adverse change in the significance of TCRs. Mitigation Measures CUL1, CUL-2, and TCR-1 through TCR-3 would be implemented as part of the proposed project to mitigate this impact to less than significant. This potential impact applies to both Option 1 and Option 2 and these mitigation measures would be implemented under either option of the proposed project.
Mitigation Measure:
In addition to the following mitigation measures, implementation of Mitigation Measure CUL-1 and CUL-2 would reduce impacts to less than significant.
TCR-1 The project applicant shall retain a Native American monitor from or approved by the Gabrieleño Band of Mission Indians–Kizh Nation. The monitor shall be retained prior to the commencement of any ground-disturbing activity for the subject project at all project locations (i.e., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). Grounddisturbing activity shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.
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A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a grounddisturbing activity.
The monitor 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 Tribe. Monitor logs will identify and describe any discovered tribal cultural resources, 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 monitor logs shall be provided to the project applicant/lead agency upon written request to the Tribe.
On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh TCRs.
TCR-2 Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist. The Kizh shall recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural, and/or historic purposes.
TCR-3 Native American human remains are defined in Public Resources Code 5097.98(d)(1) as an inhumation or cremation and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute.
If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resources Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed. Human remains and grave/burial goods shall be treated alike per California Public Resources Code Sections 5097.98(d)(1) and (2). Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial
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goods. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.
Finding:
Finding 1 – The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect as identified in the EIR. These changes are identified in the form of the mitigation measure(s) above. The City of Irwindale hereby finds that implementation of the mitigation measure(s) is feasible, and the measure(s) is therefore adopted.
B. SIGNIFICANT AND UNAVOIDABLE SIGNIFICANT IMPACTS THAT CANNOT
BE MITIGATED TO BELOW THE LEVEL OF SIGNIFICANCE
The following summary describes the unavoidable adverse impacts of the Proposed Project where either mitigation measures were found to be infeasible, or the mitigation measures are under the control of another lead agency. The following impacts would remain significant and unavoidable:
1. Air Quality
Impact 5.2-1: The proposed project would conflict with or obstruct implementation of the applicable air quality plan (the South Coast AQMD AQMP). [Threshold AQ-1]
Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, starting on page 5.2-27 of the Draft EIR.
Though the proposed project would result in an increase in employment, it would not cause the City to reach or exceed the number of jobs forecast by SCAG. And because the Air Quality Management Plan (AQMP) is based on the SCAG forecasts, the proposed project would not substantially conflict with the emissions inventory in the current 2022 AQMP.
Long-term emissions generated by the proposed project would produce criteria air pollutants that exceed the South Coast AQMD significance thresholds for VOC and NOX during the proposed project Option 1 operations, and for NOx only during Option 2 operations (see Impact 5.2-3). South Coast AQMD’s significance thresholds identify whether a project has the potential to cumulatively contribute to the Southern California Air Basin’s (SoCAB’s) nonattainment designations. Implementation of the proposed project would result in an increase in the frequency or severity of existing air quality violations; cause or contribute to new violations; or delay timely attainment of the Ambient Air Quality Standards (AAQS). Therefore, overall, the proposed project (Options 1 and 2) would be considered inconsistent with the AQMP, and impacts would be potentially significant.
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Mitigation Measures:
The following feasible measures are required to be implemented:
AQ-1 The construction contractor shall specify in the construction bid that the construction contractor(s) shall only use interior and exterior paints with a low VOC (volatile organic compound) content with a maximum concentration of 0 grams per liter (g/L) for building architectural coating during construction and for future coating to reduce VOC emissions. All building and site plans shall note use of paints with a maximum VOC concentration of 0 g/L. Prior to construction, the construction contractor(s) shall ensure that all construction plans submitted to the City of Irwindale Building and Safety Department and the Community Development Department clearly show this requirement.
GHG-2 Prior to issuance of an occupancy permit for a new tenant/business entity, the new tenant/business entity shall provide documentation to the City demonstrating the proposed project’s buildings would consume 100 percent carbon-free electricity, when feasible and commercially available in accordance with Southern California Edison’s approved programs in effect at the time the tenant/business entity seeks issuance of an occupancy permit.
Measures to achieve 100 percent carbon-free electricity use for the proposed project’s buildings may include, but are not limited to, plans for 100 percent renewable electricity.
GHG-4 Prior to the issuance of a building permit, the Project Applicant shall provide documentation to the City demonstrating that the project buildings’ electrical room is sufficiently sized to hold additional panels that may be needed to supply power for future installation of electric charging systems for electric trucks and power transport refrigeration units (TRUs). Conduit shall be installed from the electrical room to tractor-trailer parking spaces in logical locations onsite to facilitate future electric truck charging. Conduit shall be installed between the electrical room and the loading docks to facilitate the use of electric plug-in TRUs.
GHG-7 Prior to issuance of an occupancy permit, a new tenant/business entity shall place legible, durable, weather-proof signs at truck access gates, loading docks, and truck parking areas that identify applicable California Air Resources Board (CARB) anti-idling regulations. At a minimum, each sign shall include:
1) instructions for truck drivers to shut off engines when not in use; 2) instructions for drivers of diesel trucks to restrict idling to no more than five minutes once the vehicle is stopped, the transmission is set to "neutral" or "park," and the parking brake is engaged; and 3) telephone numbers of the building facilities manager and CARB to report violations. The City shall conduct a site inspection to ensure that the signs are in place.
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T-1 The applicant shall coordinate with Foothill Transit and the City of Irwindale to install a bus stop at Live Oak Avenue and Live Oak Lane for the Foothill Transit Line 492. The design and installation of the bus stop shall be coordinated with Foothill Transit and shall be paid for by the project applicant. The bus stop shall be constructed prior to the issuance of a Certificate of Occupancy for the first development project on the project site.
T-2 The applicant shall modify the public sidewalk and landscaping along the north side of the portion of Live Oak Avenue that abuts the project site to include accommodation of a Class IV trail consistent with the City of Irwindale Active Transportation Plan to create a portion of the connection to the San Gabriel River Trail. Prior to the issuance of grading plans, the applicant shall submit the required improvement plans for the Class IV trail to the City of Irwindale’s Public Works Department for review and approval.
Finding:
Finding 3 – The City hereby makes Finding 3. Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect as identified in the EIR. These changes are identified in the form of the mitigation measure(s) above. The City of Irwindale hereby finds that implementation of the mitigation measure(s) is feasible, and the measure(s) is therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less-than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment and residential opportunities, make infeasible the alternatives identified in the EIR(Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment.
Impact 5.2-2: Construction and operation associated with the proposed project under Option 1 and Option 2 would result in a cumulatively considerable net increase of criteria pollutants that exceed South Coast AQMD’s threshold criteria. [Threshold AQ-2]
Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, and in particular, starting on page 5.2-28 of the Draft EIR.
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Construction
Construction activities produce combustion emissions from various sources, such as onsite heavy-duty construction vehicles, vehicles hauling materials to and from the site, and motor vehicles transporting the construction crew. Construction of the proposed project would generate criteria air pollutants associated with construction equipment exhaust and fugitive dust from site preparation, rough grading, fine grading, utilities trenching, building construction, paving, architectural coating, and finishing and landscaping; off-site improvements; and sewer and storm drain construction. Option 2 would also include installation of the BESS facility on-site. Air pollutant emissions from construction activities on-site would vary daily as construction activity levels change. An estimate of maximum daily construction emissions for Option 1 and Option 2 of the proposed project are provided in Table 5.2-9, Maximum Daily Regional Construction Emissions (Option 1), and Table 5.2-10, Maximum Daily Regional Construction Emissions (Option 2), in the Draft EIR. The tables show the highest daily emissions that would be generated by the overlapping construction activities over the anticipated development period.
Option 1
As shown in Tables 5.2-9, the maximum daily emissions for NOx, CO, SO2, PM10, and PM2.5 from construction-related activities would be less than their respective South Coast AQMD regional significance threshold values for Option 1. However, VOC emissions from construction activities overlapping with the proposed project’s architectural coating phase would exceed the South Coast AQMD Regional construction threshold for Option 1. 1 Therefore, short-term air quality impacts from proposed project-related construction activities would exceed South Coast AQMD’s threshold criteria for VOC, and impacts for Option 1 would be potentially significant.
Option 2
As shown in Tables 5.2-10, the maximum daily emissions for NOx, VOC, CO, SO2, PM10, and PM2.5 from construction-related activities would all be less than their respective South Coast AQMD regional significance threshold values for Option 2. Therefore, short-term air quality impacts from proposed project-related construction activities under Option 2 would be less than significant.
Operation
As shown in Table 5.3-11, Maximum Daily Regional Operation Emissions (Option 1), and Table 5.3-12, Maximum Daily Regional Operation Emissions (Option 2), in the Draft EIR, project-related air pollutant emissions from daily operations would exceed the South Coast AQMD regional emissions thresholds for VOC and NOx under Option 1 and NOx under Option 2. The primary sources of long-term criteria air pollutant emissions would be project-generated passenger vehicle and truck trips as well as use of off-road equipment 1 The maximum daily construction VOC emissions for Option 2 is estimated to be 74.69 lb/day, which is less than the South Coast AQMD threshold for VOC.
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on-site such as yard trucks and forklifts. Option 2 would also include operation of the BESS on-site. However, it would not require natural gas use to operate and thus would not generate criteria air pollutant emissions. Emissions of VOC and NOx that exceed the South Coast AQMD regional threshold would cumulatively contribute to the O3 nonattainment designation of the SoCAB. Emissions of NOx that exceed the South Coast AQMD regional significance thresholds would also cumulatively contribute to the particulate matter (PM10 and PM2.5) nonattainment designations of the SoCAB. Therefore, the project would result in a potentially significant impact because it would significantly contribute to the nonattainment designations of the SoCAB.
Mitigation Measure:
The following feasible mitigation measure is required to be implemented:
AQ-1 The construction contractor shall specify in the construction bid that the construction contractor(s) shall only use interior and exterior paints with a low VOC (volatile organic compound) content with a maximum concentration of 0 grams per liter (g/L) for building architectural coating during construction and for future coating to reduce VOC emissions. All building and site plans shall note use of paints with a maximum VOC concentration of 0 g/L. Prior to construction, the construction contractor(s) shall ensure that all construction plans submitted to the City of Irwindale Building and Safety Department and the Community Development Department clearly show this requirement.
Finding:
Finding 3 – The City hereby makes Finding 3. Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect as identified in the EIR. These changes are identified in the form of the mitigation measure(s) above. The City of Irwindale hereby finds that implementation of the mitigation measure(s) is feasible, and the measure(s) is therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less-than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment and residential opportunities, make infeasible the alternatives identified in the EIR (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment.
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2. Greenhouse Gas Emissions
Impact 5.6-1: The proposed project would generate greenhouse gas (GHG) emissions, either directly or indirectly, that may have a significant impact on the environment. [Threshold GHG-1]
Support for this environmental impact conclusion is fully discussed in Section 5.6, Greenhouse Gas Emissions, and in particular, starting on page 5.6-20 of the Draft EIR.
Operation of development accommodated by under Option 1 would generate up to 2,058 trips per day (non-passenger equivalent) consisting of 1,508 passenger vehicle trips and 550 heavy-heavy duty truck trips. Proposed project development under Option 2 would involve construction and operation of a BESS facility and 704,070 square feet of industrial space. Under Option 2, the proposed project would generate up to 418 truck trips and 1,093 passenger trips for a total of 1,511 trips per day. In addition, operation of the BESS under Option 2 would consume electricity to power its components and to charge its batteries, which would generate GHG emissions. However, as the BESS facility would store excess electricity from the grid for use at a later time, it would lower the need for electricity generated from nonrenewable sources, thereby resulting in a reduction in GHG generation from such sources. Furthermore, the BESS, along with the installation of other battery energy storage facilities, would contribute to CARB’s goal for reaching 100 percent renewable energy production, thereby reducing GHG emissions from energy production.
The amount of energy derived from nonrenewable sources available on the electric grid that is used to charge the project’s batteries is “too speculative for evaluation” (CEQA Guidelines, Section 15145). The same is true for any attempt to evaluate the amount of GHG emissions caused by the project’s charging from nonrenewable sources available on the electric grid. Thus, any attempt to quantify indirect GHG emissions from the project would be too speculative to be of real value and thus is not required by CEQA.
Annual average construction emissions were amortized over 30 years and included in the emissions inventory to account for one-time GHG emissions from the construction phase of development accommodated by the proposed project. The proposed construction- and operation-related emissions of development accommodated by the proposed project are quantified and shown in Table 5.6-5, Project-Related GHG Emissions (Option 1), and Table 5.6-6, Project-Related GHG Emissions (Option 2), in the Draft EIR. As demonstrated in the tables, development and operation associated with the proposed project’s annual emissions would exceed the South Coast AQMD bright-line threshold of 3,000 metric tons of carbon dioxide equivalent (MTCO2e) per year. Therefore, GHG emissions generated by the project would be considered to cumulatively contribute to statewide GHG emissions, and impacts are potentially significant.
Mitigation Measures
The following feasible mitigation measures are required to be implemented:
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GHG-1 Prior to the issuance of building permits, the Project Applicant shall provide documentation to the City demonstrating that the project shall install measures listed below. Implementation of these measures shall be verified by the City prior to the issuance of final certificate of occupancy. All-electric energy systems.
Enhanced window insulation (0.4 U-factor, 0.32 SHGC). Duct insulation (R-6).
High efficiency HVAC (EER 15/80 percent AFUE or 8 HSPF). Weather-based irrigation control systems combined with drip irrigation. Low flow toilets, urinals, and bathroom faucets to reduce water usage.
GHG-2 Prior to issuance of an Occupancy Permit for a new tenant/business entity, the new tenant/business entity shall provide documentation to the City demonstrating the proposed project’s buildings would consume 100 percent carbon-free electricity, when feasible and commercially available in accordance with Southern California Edison’s approved programs in effect at the time the tenant/business entity seeks issuance of an occupancy permit.
Measures to achieve 100 percent carbon-free electricity use for the proposed project’s buildings may include, but are not limited to, plans for 100 percent renewable electricity.
GHG-3 Prior to issuance of an Occupancy Permit for a new tenant/business entity, the project developer/facility owner and tenant/business entity shall provide to the City of Irwindale Community Development Department a signed document (verification document) noting that the project development/facility owner has disclosed to the tenant/business entity the requirement to implement the following measures:
A solar photovoltaic (PV) system associated with proposed project buildings. The PV system shall be designed to comply with Section 140.10, Prescriptive Requirements for Photovoltaic and Battery Storage Systems, of the 2022 Building Energy Efficiency Standards. For purposes of this mitigation measure, battery storage modules are not considered buildings. High-efficiency lights (>50 percent of fixtures) to reduce energy usage. All major end-user appliances (e.g., dishwashers and refrigerators) installed are Energy Star certified or of equivalent energy efficiency where applicable.
All landscape equipment (e.g., leaf blower) used for property management shall be electric powered only. The property manager/facility owner shall provide documentation (e.g., purchase, rental, and/or services agreement)
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to the Planning Department to verify, to the City’s satisfaction, that all landscaping equipment utilized will be electric powered, as allowed. Truck check-in points shall be inside the project site to ensure no trucks are queuing on local roadway(s).
All on-site outdoor cargo-handling equipment (including yard trucks, hostlers, yard goats, pallet jacks, forklifts, generators, pumps, and other on-site equipment) shall be electric or non-diesel fueled. All on-site indoor forklifts shall be powered by electricity.
All truck/dock bays that serve cold storage facilities within the proposed buildings shall be electrified to facilitate plug-in capabilities and support use of electric standby and/or hybrid electric transport refrigeration units. Prior to the issuance of a building permit, the site plan shall include the minimum number of automobile electric vehicle charging stations in accordance with the requirements of the Tier 2 Nonresidential Voluntary Measures of CALGreen Section A5.106.5.3, Electric vehicle (EV) charging. required by the California Code of Regulations Title 24.
In addition, the project developer/facility owner has provided the following:
Occupants/tenants shall be provided documentation on the United States Environmental Protection Agency’s SmartWay program.
Occupants/tenants shall be provided documentation on funding opportunities, such as the Carl Moyer Program, that provide incentives for using cleaner-than—required engines and equipment.
This verification document shall be signed by authorized agents for the project developer/facility owner and tenant/business entities. In addition, if applicable, the tenant/business entity shall provide documentation (e.g., purchase or rental agreement) to the City of Irwindale Community Development Department to verify, to the City’s satisfaction, compliance with these measures.
GHG-4 Prior to the issuance of a building permit, the Project Applicant shall provide documentation to the City demonstrating that the project buildings’ electrical room is sufficiently sized to hold additional panels that may be needed to supply power for future installation of electric charging systems for electric trucks and power transport refrigeration units (TRUs). Conduit shall be installed from the electrical room to tractor-trailer parking spaces in logical locations onsite to facilitate future electric truck charging. Conduit shall be installed between the electrical room and the loading docks to facilitate the use of electric plug-in TRUs.
GHG-5 In accordance with the City of Irwindale’s Municipal Code Chapter 17.66, Trip Reduction and Travel Demand Measures, shall make provision for each of the
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TDM measures outlined in Subsection 17.66.030(B), Development Standards and shall comply with the Monitoring requirements in Section 17.66040. The project applicant shall demonstrate compliance with each measure in a written report submitted to the city prior to the issuance of a building permit and show compliance prior to the issuance of Certificate of Occupancy. The Transportation Demand Management (TDM) Program shall include detailed strategies for reducing the use of single occupant vehicles by employees by increasing carpool/vanpool participation and transit use. Additionally, the TDM program may provide for alternative work or compressed work schedules to reduce the number of days an employee commutes to work.
GHG-6 Prior to the issuance of a building permit, the site plan shall include surface parking lots to provide parking for low-emitting, fuel-efficient, and carpool/van vehicles associated with trips to the proposed project’s buildings. At minimum, the number of preferential parking spaces shall equal to the Tier 2 Nonresidential Voluntary Measures of CALGreen Section A5.106.5.1.2. In addition, the site plan shall also include automobile electric vehicle charging stations equal to the Tier 2 Nonresidential Voluntary Measures of CALGreen.
GHG-7 Prior to issuance of an occupancy permit, a new tenant/business entity shall place legible, durable, weather-proof signs at truck access gates, loading docks, and truck parking areas that identify applicable California Air Resources Board (CARB) anti-idling regulations. At a minimum, each sign shall include:
1) instructions for truck drivers to shut off engines when not in use; 2) instructions for drivers of diesel trucks to restrict idling to no more than five minutes once the vehicle is stopped, the transmission is set to "neutral" or "park," and the parking brake is engaged; and 3) directional text on the sign shall read “To Truck Route” with a directional arrow, and 4) telephone numbers of the building facilities manager and CARB to report violations. The City shall conduct a site inspection to ensure that the signs are in place.
Finding:
Finding 3 – The City hereby makes Finding 3. Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect as identified in the EIR. These changes are identified in the form of the mitigation measure(s) above. The City of Irwindale hereby finds that implementation of the mitigation measure(s) is feasible, and the measure(s) is therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less-than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment and residential opportunities, make infeasible the alternatives identified in the EIR, as discussed in Section D of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the
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Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment.
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VI. FINDINGS REGARDING ALTERNATIVES
CEQA requires that an EIR include a discussion of reasonable project alternatives that would “feasibly attain most of the basic objectives of the project, but would avoid or substantially lessen any significant effects of the project, and evaluate the comparative merits of the alternatives” (CEQA Guidelines § 15126.6[a]).
A. ALTERNATIVES CONSIDERED AND REJECTED DURING THE
SCOPING/PROJECT PLANNING PROCESS
The following is a discussion of the alternatives considered during the scoping and planning process and the reasons why they were not selected for detailed analysis in the EIR.
1. Alternative Development Area
CEQA requires that the discussion of alternatives focus on alternatives to the project or its location that are capable of avoiding or substantially lessening any significant effects of the project. Only locations that would avoid or substantially lessen any of the significant effects of the project need be considered for inclusion in the EIR (CEQA Guidelines Section 15126.6[f][2][A]). Key factors in evaluating the feasibility of potential off-site locations for EIR project alternatives include:
If it is in the same jurisdiction.
Whether development as proposed would require a General Plan Amendment. Whether the project applicant could reasonably acquire, control, or otherwise have access to the alternative site (or the site is already owned by the proponent). (CEQA Guidelines Section 15126.6[f][1])
As shown in Figure 4-3, City of Irwindale Cumulative Projects within Two Miles of the Proposed Project, and Figure 4-4, Cumulative Projects within Two Miles of the Proposed Project in Surrounding Jurisdictions, and detailed in corresponding Tables 4-1 and 4-2, in the Draft EIR, the project area is characterized by high development activity. Four (4) of the five (5) approved or pending projects within the City of Irwindale are, as with the proposed project, industrial warehousing developments. Limited opportunities for new projects remain in the City, and the applicant does not own or have options on other properties within the City of Irwindale area or surrounding area.
Moreover, the proposed project site’s location is key to the applicant’s project objectives.
Key to their proposal is the proximate access to the Interstate 605 (I-605) and on- and offramps. A critical site component for Option 2 that includes the BESS facility is the site’s adjacency to an existing substation.
For these reasons, an alternate project site was not evaluated as a feasible project alternative.
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2. Alternative Land Use
The following alternative land uses for the project site were reviewed for their potential to reduce or eliminate the significant impacts associated with the project as proposed while attaining most of the project’s basic objectives:
Retail. A market analysis was conducted by The Concord Group (TCG) for potential retail and hotel use of the project site (Concord Group 2022). This report is included as Appendix N of the Draft EIR. The analysis was conducted in light of the City embarking on a General Plan update and with an objective to determine the viability of site development in accordance with the site’s Regional Commercial designation.
TCG arrived at the following high-level conclusions regarding the market potential of the property:
Large-scale, anchored format retail (regional mall, big box center, neighborhood center) is neither market nor financially feasible, due to the following factors:
- Poor retail conditions nationally, characterized by oversupply, declining availability of anchor tenants, department store revenue decline and growth of e-commerce (see Appendix N, Exhibit II-1, of the Draft EIR). - Inferior visibility compared to existing stock which favors locations off I-10 and I-210, with traffic counts that are 35 percent to 50 percent higher than that along the I-605 near the project site (see Appendix N, Exhibit II-2A, of the Draft EIR). - The demographic character locally and associated median incomes and home values are inferior to other established retail locations in the greater market area (see Appendix N, Exhibit II-4, of the Draft EIR).
- Two major malls are located within five-miles of the project site, while nearly all major big box anchors have a presence within a three-mile radius (Appendix N, Exhibit II-5C and& II-5D, of the Draft EIR).
• The neighborhood location and market area retail dynamics could support the development of smaller format, convenience retail centers servicing the local workforce and drive-by traffic along I-605.
• The immediate surrounding land uses are problematic for attracting large-scale retail tenants to this location. Large-scale asphalt operators and overhead powerlines are not attractive for potential retail and hotel users.
This alternative was, therefore, rejected for further analysis. Hotel. Based on The Concord Group report, the location of the project site, adjacent to the I-605, is not a desired location for hotels. The market opportunity of a hotel development targeting leisure or business travel is weak in the current climate of the San Gabriel Valley. Market conditions have not recovered from the COVID-19 downturn as occupancy and average daily rates are still well below 2019 levels. The
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site is not suited for leisure travel, and the surrounding land uses do not support development for business travel hotels as they are all located along the employment corridors of the I-10 and I-210. The immediate surrounding land uses are problematic for attracting hotel and large-scale retail tenants to this location. Large-scale asphalt operators and overhead powerlines are not attractive for potential retail and hotel users. There is also an oversupply of hotels within a 5-mile radius, with three (3) hotels totaling 389 rooms either completed or under construction in Monrovia and Duarte since the 2022 Concord Report. For these reasons, a hotel use was not evaluated further as a viable project alternative.
Office. An all-office space alternative would not be economically viable. According to a recent report regarding the economic viability of office real estate by CBRE Group, Inc., office vacancy rates continue to rise in the Greater Los Angeles area due to companies adopting hybrid-flexible work from home schedules for their employees, low asking-lease rates, and businesses downsizing. Additionally, the Greater Los Angeles office market has posted a negative net absorption for five quarters straight (-3,272,532 square feet), meaning there is a surplus of office space in the Greater Los Angeles area, which means investing in the development of excess office space would not be economically viable. This alternative was, therefore, rejected for further analysis.
B. ALTERNATIVES SELECTED FOR FURTHER ANALYSIS
The following alternatives were determined to represent a reasonable range of alternatives with the potential to feasibly attain most of the basic objectives of the Proposed Project but avoid or substantially lessen any of the significant effects of the project. Table 7-6, Summary of Proposed Project and Alternatives Impacts, of the Draft EIR, identifies how each of the alternatives selected for further analysis compare to the Proposed Project.
Table 7-7, Ability of Each Alternative to Meet the Project Objectives, of the Draft EIR, provides a summary of the ability of the alternatives to achieve the project objectives.
1. No Project/No Development Alternative
As with the proposed project, under this alternative, implementation of the Nu-Way Live Oak Reclamation Operations Plan would be fully implemented. The landfill reclamation is not part of the proposed project. As such the site would be rough graded in accordance with the Operations Plan and any remaining structures would be removed. Existing structures located in the northwest corner of the project site, however, are not within the grading plan approved for the Operations Plan (see Figure 3-5, Rough Grading Plan and Remedial Grading Over-Excavation, in the Draft EIR). Under the No Project/No Development plan, these structures would remain. The balance of the site would remain undeveloped and rough graded.
This alternative would result in similar impacts to 5 impact categories, reduce or eliminate impacts to 12 environmental impacts, and increase impacts to 3 categories. Impacts would
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be similar for agricultural, biological, and mineral resources; population and housing; and recreation. This alternative would reduce impacts for air quality, cultural resources, energy, geology and soils, greenhouse gases, hazards, land use and planning, noise, public services, tribal cultural resources, utilities, and wildfire. The significant, unavoidable project-related impacts would be eliminated under the No Project alternative. Because the beneficial improvements under the proposed project for aesthetic, hydrology, and transportation would not occur under this alternative, the impacts to these categories would be considered greater than the proposed project. Overall, impacts under this alternative would be decreased in comparison to the proposed project.
The No Project alternative would meet none of the proposed project’s objectives.
Finding:
This alternative is rejected because it would not meet any of the objectives of the proposed project and would therefore result in none of the benefits of the proposed project including the economic benefits to the City from developing a new warehouse distribution, logistics, and fulfillment center. This alternative would also increase impacts to aesthetics, hydrology and water quality, and transportation since no site improvements would be implemented. As a result, specific economic, legal, social, technological, or other considerations, including provision of employment and residential opportunities, make infeasible this project alternative for the reasons identified in the EIR. Since the site would remain vacant, the site would not provide employment or residential opportunities and would not provide revenues to support infrastructure improvements.
2. Existing General Plan Alternative
Under this alternative, the site would be developed consistent with the existing land use designation, Regional Commercial (RC). The RC land use designation encourages a mix of commercial, office professional, and light manufacturing uses along a number of highvisibility traffic corridors. Given that commercial retail and office uses have been determined not to be economically viable for this site, this alternative has been defined to focus on light manufacturing with very minimal retail square footage. The site is zoned M2 (Heavy Manufacturing) for which the zoning ordinance describes a variety of over 100 different allowed manufacturing-type uses. The RC designation defines a floor area ratio of 2.0 to 1.0. The current zone does not have a maximum building height. The market analysis for the project site concludes that the site could support the development of smaller format, convenience retail centers serving the local workforce and drive-by traffic along I-605. Specifically, this alternative includes a total of 10,000 square feet to support a fast-food restaurant, gas station, and convenience mart, as described in the TCG report.
Since a new Specific Plan use would require a General Plan Amendment, this alternative only includes one option and assumes a Floor Area Ratio (FAR) of 2.0 for the manufacturing use on approximately 49 acres resulting in (approximately 4.3 million square feet [SF] along with the 10,000 SF of retail use.
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This alternative would only reduce impacts to one category in comparison to the proposed project: land use and planning. This is because the project would be consistent with the existing General Plan land use designation and would not require a General Plan amendment. This alternative would result in similar impacts to ten (10) impact categories and increased impacts to nine (9) categories. Impacts would be similar for agricultural, biological, and cultural resources; hazards; hydrology; minerals; recreation; transportation; tribal cultural resources; and wildfire. This alternative would increase impacts to aesthetics, air quality, energy, geology, greenhouse gases, noise, population and housing, public services, and utilities. As with the proposed project, impacts to air quality and greenhouse gas emissions would remain significant and unavoidable. Overall, impacts under this alternative would be increased in comparison to the proposed project.
The Existing General Plan alternative would achieve two (2) of the project objectives. It is assumed that with compliance of existing regulations and City and other agency requirements and permitting reviews, that this alternative would ensure adequately designed infrastructure and circulation systems (Objectives Nos. 3 and 4). Although this alternative could provide state-of-the-art buildings that accommodate various industrial and manufacturing uses, the existing General Plan would not allow warehousing distribution and logistics uses at this project site (Objective No. 2). Similarly, it would not permit a battery energy storage system as stipulated in Objective No. 1. And finally, although this alternative would comply with existing City land use, zoning and design guidelines, it would not provide project-specific detailed guidelines and standards for architecture, landscaping, walls, fencing, lighting, and entry treatments that are required in a specific plan (Objective No. 5).
Finding:
This alternative is rejected because it would not reduce impacts when compared to the proposed project with the exception of land use and planning since no General Plan Amendment and rezone would be required. Additionally, it would only meet two project objectives. Therefore, this alternative would not result in most of the benefits of the proposed project including the development of a warehousing and logistics center and/or a BESS and detailed design guidelines and development standards. As a result, specific economic, legal, social, technological, or other considerations, including provision of employment and residential opportunities, make infeasible this project alternative for the reasons identified in the EIR.
3. Reduced Intensity Alternative
This alternative includes the same land uses as the proposed project but assumes that the warehousing square footage is reduced sufficiently to eliminate the significant greenhouse gas emissions impact of the proposed project. It would accommodate up to 116,018 SF of warehousing plus 5,225 SF of office space (approximately 12 percent of the proposed project SF) and could be designed with a BESS use (which is assumed to be the same acreage as the proposed project) as a second option. The warehousing
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square footage for the BESS option is reduced the same proportion as the Option 1 reduction (12 percent of the warehousing SF for proposed project Option 2).
This alternative would reduce impacts to nine (9) environmental impacts, result in similar impacts to nine (9) categories, and increase two (2) impacts. It would reduce impacts to air quality, cultural resources, greenhouse gas emissions, hazards, noise, public services, tribal cultural resources, and utilities. This alternative would eliminate the significant, unavoidable impact to greenhouses gases. Impacts would be similar for agricultural resources, biological resources, geology, hydrology, minerals, population and housing, recreation, transportation, and wildfire. Impacts to aesthetics and land use and planning would be greater than the proposed project. As with the proposed project, impacts to air quality would remain significant and unavoidable. Overall, impacts under this alternative would be reduced in comparison to the proposed project.
The Reduced Intensity alternative would represent a similar project as the proposed project, but with a substantial reduction in building square footage. It would offer an Option 1 scenario as well as an Option 2 scenario that could accommodate a battery energy storage system (BESS) identical to the proposed project’s BESS (Objectives Nos. 1 and 2). The land uses (both warehousing and the BESS) would require a General Plan amendment, and it is assumed that a Specific Plan would be prepared. Along with City and service providers’ requirements and review, the Specific Plan would ensure that infrastructure plans (water, sewer, and drainage) are adequately designed (Objective No. 3). Similarly, the Specific Plan and City/agency reviews would ensure that circulation improvements minimize potential adverse impacts in the project area (Objective No. 4).
Finally, a Specific Plan would provide detailed guidelines and standards for architecture, landscaping, walls, fencing, lighting, and entry treatments that are required in a Specific Plan (Objective No. 5). Although the Reduced Intensity Alternative has the potential to meet each of the project objectives, the success of achieving these objectives would be dependent upon the economic viability of the land uses defined. There is no certainty that the limited use required to avoid a significant greenhouse gas impact would be sufficient to finance the required infrastructure and amenities outlined in a Specific Plan. Moreover, with such a limited warehousing use within the large site (52 acres under Option 1 and 37 acres under Option 2), much of the site would be vacant.
Finding:
This alternative is rejected because it would not avoid significant impacts to air quality and would increase impacts to aesthetics and land use and planning. While this alternative would meet the objectives of the proposed project, a large portion of the project site would remain vacant and the limited scale of the development could decrease the economic viability of this alternative to the extent that the improvements defined in the Specific Plan would no longer be feasible to finance. As a result, specific economic, legal, social, technological, or other considerations, including provision of higher-paying employment opportunities, make infeasible this project alternative for the reasons identified in the EIR.
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4. Truck Trailer Storage Alternative
This alternative was previously considered by the project applicant. A conceptual site plan is shown as Figure 7-1, Truck Trailer Parking Project Alternative, in the Draft EIR. The plan included a total of 2,062 tractor trailer parking stalls and a 40,726 SF building accommodating warehousing and office space. This alternative was considered for the entire site, and an Option 2 has not been evaluated.
This alternative would reduce impacts to seven (7) environmental impacts, have similar impacts to eleven (11) categories, and increase two (2) impacts in comparison to the proposed project. It would reduce impacts to air quality, energy, geology, greenhouse gas emissions, hazards, public services, and utilities. Impacts would be similar for agricultural, biological and cultural resources; hydrology, mineral resources, noise, population and housing, recreation, transportation, tribal cultural resources, and wildfire. It would increase impacts to aesthetics and land use and planning. As with the proposed project, impacts to air quality and greenhouse gas emissions would remain significant and unavoidable.
Overall, impacts under this alternative would be reduced in comparison to the proposed project.
The Truck Trailer Storage alternative would substantially reduce the overall building square footage, but would develop most of the site, much like the proposed project. This alternative would only meet two (2) out of the five (5) project objectives. Specifically, this alternative would only meet Objective Nos. 3 and 4. It would ensure that infrastructure plans for water, sewer, and drainage are adequately designed for the project area and would provide a circulation system that meets transportation requirements and minimizes potential adverse impacts. Since it is unlikely that a Specific Plan would be prepared for this use, it would not provide guidelines and standards for architecture, landscaping, walls, fencing, lighting, and entry treatments that are compatible with the design and architecture of the surrounding uses (Objective No. 5). A comprehensive master plan for the re-use of a reclaimed sand and gravel quarry including the development of a utility scale battery energy storage would not be a part of this alternative (Objective No. 1). Lastly, as the warehousing square footage is limited to one 40,726 SF building (which includes 4,000 SF office), it would not provide state-of-the-art buildings that can accommodate various industrial and manufacturing uses, including warehouse distribution, logistics, and fulfillment centers with proximate access to Interstate 605 on- and off-ramps (Objective No. 2).
Finding:
This alternative is rejected because it would not reduce significant and unavoidable impacts to air quality and greenhouse gases and would increase impacts to aesthetics and land use and planning. Furthermore, this alternative would only meet two (2) out of the five (5) project objectives, therefore lacking a Specific Plan with guidelines and standards to develop the site, an option for BESS development, and the development of state-of-the-art buildings for industrial and manufacturing uses. As a result, specific
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economic, legal, social, technological, or other considerations, including provision of employment opportunities, make infeasible this project alternative for the reasons identified in the EIR.
C. ENVIRONMENTALLY SUPERIOR ALTERNATIVE
CEQA requires a lead agency to identify the “environmentally superior alternative,” and in cases where the “No Project” Alternative is environmentally superior to the proposed project, the environmentally superior development alternative must be identified. In this case, the No Project alternative would be considered the environmentally superior alternative. As summarized in Table 7-6, Summary of Project and Alternative Impacts, in the Draft EIR, the No Project alternative would reduce 12 impacts and eliminate both of the significant, unavoidable impacts of the proposed project (air quality and greenhouse gases). The Reduced Intensity alternative is identified as “environmentally superior” to the proposed project. This alternative reduces nine (9) of the impacts of the proposed project and only increases two (2) impacts (aesthetics and land use and planning). It eliminates the significant greenhouse gas impact of the proposed project.
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VII. STATEMENT OF OVERRIDING CONSIDERATIONS
A. INTRODUCTION
The City of Irwindale is the Lead Agency under CEQA for preparation, review and certification of the EIR for the proposed project. As the Lead Agency, the City is also responsible for determining the potential environmental impacts of the proposed action and which of those impacts are significant, and which can be mitigated through imposition of mitigation measures to avoid or minimize those impacts to a level of less than significant. CEQA then requires the Lead Agency to balance the benefits of a proposed action against its significant unavoidable adverse environmental impacts in determining whether or not to approve the proposed project. In making this determination the City is guided by CEQA Guidelines Section 15093, Statement of Overriding Considerations, which states:
a. CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.”
b. When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. c. If an agency makes a Statement of Overriding Considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091.
In addition, Public Resources Code Section 21081(b) requires that where a public agency finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency must also find that overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects of the project.
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Pursuant to Public Resources Code Section 21081(b) and the State CEQA Guidelines Section 15093, the City has balanced the benefits of the proposed project against the unavoidable adverse impacts associated with the project and has adopted all feasible mitigation measures with respect to these impacts. The City also has examined alternatives to the proposed project, none of which both meets the project objectives and is environmentally preferable to the proposed project, for the reasons discussed in the Findings and Facts in Support of Findings.
The City of Irwindale, as the Lead Agency for this project, and having reviewed the EIR for the proposed project, and reviewed all written materials within the City’s public record and heard all oral testimony presented at public hearings, adopts this Statement of Overriding Considerations, which has balanced the benefits of the project against its significant unavoidable adverse environmental impacts in reaching its decision to approve the project.
B. PROJECT BENEFITS IN SUPPORT OF THE STATEMENT OF OVERRIDING
CONSIDERATIONS
The City, after balancing the specific economic, legal, social, technological, and other benefits of the project, has determined that the unavoidable adverse environmental impacts identified above may be considered acceptable due to the following specific considerations, which outweigh the unavoidable, adverse environmental impacts of the project, and each of which, standing alone, is sufficient to support approval of the project, in accordance with CEQA Section 21081(b) and CEQA Guidelines Section 15093. The specific economic, legal, social, technological, or other benefits of the project are as follows:
1. Implements the Objectives Established for the Proposed Project The proposed project is a Specific Plan that provides guidelines and standards for the development of the project site as an industrial and manufacturing hub, including plans that specifically address utility infrastructure requirements and circulation within and around the site. The Specific Plan also addresses the re-use of the project site for both the industrial/manufacturing uses in addition to BESS. Therefore, the proposed project would implement each objectives of the proposed project, as listed in Section II.D, Statement of Project Objectives.
2. Develops a Currently Under-Utilized Brownfield Site
The project site has formerly hosted a quarry, the Nu-Way Live Oak Inert Landfill, and a street-sweeping business, but since the closing of operations for each of these uses, undergone remedial grading and largely remained vacant. The proposed Specific Plan envisions the long-term development of the project site as hub for industrial businesses to thrive and encourage further economic investment in the City of Irwindale. The proposed uses would maximize the location the project site which is
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proximate to the on- and off-ramps of Interstate 605, thereby allowing easy access for heavy-duty trucks to a major transport route, by-passing local streets. The contemporary design for the industrial and business park uses would also enhance the visual quality of the currently vacant site. Due to the former and surrounding uses of the site, its development with industrial, manufacturing, and potentially BESS uses are consistent with other land uses and the visual character of the area. This would also assist the City in the concentrating non-residential uses away from residential uses in the City. These two (2) land uses can often be incompatible due to the operational characteristics of non-residential uses, which by their nature, can result in traffic congestion, air emissions, and industrial light and noise. Overall, the Specific Plan provides an opportunity to develop an underutilized site with uses that are both are appropriate for the site and that would increase the economic output of the City.
3. Provides Consistency with the General Plan
As described in Section 3.1 of the Specific Plan, the proposed project provides a framework for the development of the project site that is consistent with the City’s General Plan goals. For example, the Specific Plan serves as a plan to transition a former quarry site into a productive and beneficial use for the City, consistent with Policy CDE 2 in the Community Development Element. The Specific Plan would also implement a comprehensive plan for the site that is consistent with its designation, per Policies CDE 3 and 5. The Specific Plan also provides high quality design, a plan for property maintenance, and entry treatments, consistent with Policies CDE 12, 14, and 15, respectively. The Specific Plan also outlines its consistency with Policies in the Infrastructure Element, Resource Management Element, and Public Safety Element.
4. Creates Jobs, Provides Economic Benefits, and Meets Demands for Industrial Space
The Specific Plan allows for up to 997,796 square feet of industrial and business park uses on a former quarry site. Revenue benefits to the City of Irwindale may include but not be limited to increased property tax revenue and point-of-sale tax revenue. In addition, the Specific Plan will allow for development of uses leading to creation of jobs that can be filled by residents of the City and surrounding communities. The analysis in the Draft EIR assumes that up to 580 long-term new jobs would be created by the proposed project.
The proposed project would provide much-needed flexible industrial space to fulfill the needs of the growing industrial sector. The greater Southern California region is expected to continue to see strong demand for industrial facilities driven by the needs of retail and e-commerce users for facilities with modern amenities to maximize distribution efficiency, as well by as the scarcity of available facilities and land to develop such facilities in the more expensive and constrained Los Angeles, Orange County, San Bernardino and Riverside area industrial markets. Both options under the Specific Plan envision industrial/manufacturing uses, with the design focusing on the
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expectation that some of the proposed space would be used for warehousing, logistics, and fulfillment uses. The Specific Plan would result in the benefit of supporting the goods movement industry in decreasing lead times for delivery of consumer products and increasing the local supply of goods for regional consumers.
5. Provides Enhanced Utility Infrastructure for the Project Site The proposed project would construct utility improvements throughout the project site to accommodate the proposed development. This includes the construction of water lines that would connect to the existing 12-inch main line on Live Oak Lane, a new 6- inch force main sewer line that would drain south and east on Live Oak Avenue to the existing 10-inch sewer line on Live Oak Avenue and Rivergrade Road, and a new 24- inch gravity storm drain that connects to the existing storm drain on Live Oak Avenue.
Dry utilities, including electricity and natural gas service, would also be installed.
6. Improves the Circulation System of the Project Site and Surrounding Area The proposed circulation system under the proposed project is described in detail within Chapter 3, Project Description, of the Draft EIR and in the proposed Specific Plan. In addition to internal drive aisles and a sidewalk network within the project site, the proposed project would include off-site improvements that while also accommodating the uses of the proposed project, would provide benefits to other users of the City’s circulation system in the project area. Such improvements include:
A 750 feet of a five-foot-wide, meandering public sidewalk and minimum 20-foot-wide landscaped parkway on the north side of the portion of Live Oak Avenue that abuts the project site.
Expansion of Live Oak Lane to improve it to the City’s standard of 60 feet. Construction of minimum five-foot-wide sidewalks along both sides of Live Oak Lane and ten-foot-wide landscaped setbacks along the portion of Live Oak Lane that abuts the project site.
Installation of a new traffic signal at the Live Oak Lane and Live Oak Avenue intersection.
Installation of five (5) new public streetlights along the north side of Live Oak Lane abutting the project site and eight (8) new public streetlights along the east side of Live Oak Lane abutting the project site. Construction of a meandering sidewalk and parkway along the south side of Arrow Highway.
Modification of the public sidewalk and landscaping along the north side of the portion of Live Oak Avenue that abuts the project site to accommodate
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a Class IV trail consistent with the City of Irwindale Active Transportation Plan to create a portion of the connection to the Class IV San Gabriel River Trail.
7. Improves the Aesthetic Character of the Project Site The proposed Specific Plan includes development standards and design guidelines that direct the design of the proposed project within specific parameters. These standards and guidelines include a variety of features that aim to increase the visual appeal of the development. This includes requirements to screen the BESS equipment through walls or landscaping when in proximity to the surrounding streets and using screening materials compatible with the design and architecture of the building. The Specific Plan encourages diverse building designs while promoting consistency among all buildings to maintain visual cohesiveness. It also has standards for the design of building façades that face view corridors of the surrounding streets that would offer an inviting design to passing pedestrians and motorists. The project site would also be fully landscaped as shown in Figures 3-12, Preliminary Landscape Plan for Option 1, and 3-13, Preliminary Landscape Plan for Option 2, of the Draft EIR. The proposed project’s landscaping and green-space plan is thus focused on ornamental landscaping. Entry treatments at the project site’s prominent intersections would include monument signage, water features, flowering accent and palm trees, groundcover, and shrub masses.
C. CONCLUSION
The City Council of Irwindale has balanced the project’s benefits against the significant unavoidable impacts. The City Council finds that the proposed project’s benefits, outweigh the proposed project’s significant unavoidable impacts, and these impacts, therefore, are considered acceptable in the light of the proposed project’s benefits. The City Council finds that each of the benefits described above is an overriding consideration, independent of the other benefits, that warrants approval of the proposed project notwithstanding the proposed project’s significant unavoidable impacts.
EXHIBIT “C”
MITIGATION MONITORING AND REPORTING
PROGRAM (MMRP)
https://www.irwindaleca.gov/DocumentCenter/View/9605
October 2024 | Mitigation Monitoring and Reporting Program State Clearinghouse No. 2023020290
IRWINDALE GATEWAY SPECIFIC PLAN
MITIGATION MONITORING AND
REPORTING PROGRAM
City of Irwindale
Prepared for:
City of Irwindale
Brandi Jones, Senior Planner
City of Irwindale Community Development Department
5050 Irwindale Avenue
Irwindale, California 91706
[email protected]
Prepared by:
PlaceWorks
Contact: JoAnn Hadfield, Principal
3 MacArthur Place, Suite 1100
Santa Ana, California 92707
714.966.9220
[email protected]
www.placeworks.com
IRWINDALE GATEWAY SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF IRWINDALE
Table of Contents
October 2024 Page i
Section Page
1. INTRODUCTION.............................................................................................................................. 1
1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM............................ 1
1.2 PROJECT LOCATION ....................................................................................................................................... 2
1.3 PROJECT SUMMARY ......................................................................................................................................... 2
2. MITIGATION MONITORING AND REPORTING REQUIREMENTS .............................................. 5 List of Tables
Table Page
Table 1-1 Proposed Land Use, Option 1 and Option 2................................................................................... 3 Table 1-2 Building Square Footage, Option 1.................................................................................................... 3 Table 1-3 Building Square Footage, Option 2.................................................................................................... 4 Table 2-1 Mitigation Monitoring and Reporting Requirements...................................................................... 7
IRWINDALE GATEWAY SPECIFIC PLAN MITIGATION MONITORIN G AND REPORTING PROGRAM
CITY OF IRWINDALE
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October 2024 Page 1
1. Introduction
1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING
PROGRAM
This Mitigation Monitoring and Reporting Program (MMRP) has been developed to provide a vehicle by which to monitor mitigation measures and conditions of approval outlined in the Irwindale Gateway Specific Plan Draft Environmental Impact Report (Draft EIR), State Clearinghouse No. 2023020290. The MMRP has been prepared in conformance with Section 21081.6 of the Public Resources Code and City of Irwindale Monitoring Requirements. Section 21081.6 states:
(a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply:
(1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program.
(2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based.
The State CEQA Guidelines Section 15097 provides clarification of mitigation monitoring and reporting requirements and guidance to local lead agencies on implementing strategies. The reporting or monitoring program must be designed to ensure compliance during project implementation. The City of Irwindale is the lead agency for the proposed project and is therefore responsible for implementing the MMRP. The MMRP has been drafted to meet the requirements of Public Resources Code Section 21081.6 as a fully enforceable monitoring program.
The MMRP consists of the mitigation program and the measures to implement and monitor the mitigation program. The MMRP defines the following for the mitigation measure outlined in Table 1, Mitigation Monitoring Requirements:
Definition of Mitigation. The mitigation measure contains the criteria for mitigation, either in the form of adherence to certain adopted regulations or identification of the steps to be taken in mitigation.
IRWINDALE GATEWAY SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF IRWINDALE
1. Introduction
Responsible Party or Designated Representative. Unless otherwise indicated, the project applicant is the responsible party for implementing the mitigation, and the City of Irwindale or a designated representative is responsible for monitoring the performance and implementation of the mitigation measures. To guarantee that the mitigation measure will not be inadvertently overlooked, a supervising public official acting as the Designated Representative is the official who grants the permit or authorization called for in the performance. Where more than one official is identified, permits or authorization from all officials shall be required.
Time Frame. In each case, a time frame is provided for performance of the mitigation measure or review of evidence that mitigation has taken place. The performance points selected are designed to ensure that impact-related components of project implementation do not proceed without establishing that the mitigation is implemented or ensured. All activities are subject to the approval of all required permits from local, state, and federal agencies with permitting authority over the specific activity.
The numbering system in Table 1 corresponds with the numbering system used in the Draft EIR. The last column of the MMRP table will be used by the parties responsible for documenting when implementation of the mitigation measure has been completed. The ongoing documentation and monitoring of mitigation compliance will be completed by the City of Irwindale. The completed MMRP and supplemental documents will be kept on file at the City of Irwindale Community Development Department.
1.2 PROJECT LOCATION
The Irwindale Gateway Specific Plan (Specific Plan) site is at 13620 Live Oak Lane in the central portion of the City of Irwindale in Los Angeles County. The project site is bordered by Interstate 605 (I-605) to the west, Live Oak Lane to the north and east, and Live Oak Avenue to the south. The Assessor’s Parcel Numbers (APNs) for the project site are 8532-002-046 and 8532-002-047. There is also a 9.61-acre Southern California Edison (SCE) easement on the project site. The project site encompasses a former sand and gravel quarry, the NuWay Live Oak Inert Landfill (NuWay Landfill), and a former street-cleaning business. A majority of the project site is currently undergoing an active reclamation. The Nu-Way Live Oak Reclamation Operations Plan was approved by the Regional Water Quality Control Board in 2022 and is to be completed prior to implementation of the Specific Plan. The rough graded site per the Operations Plan serves as the baseline conditions for implementation of the Specific Plan.
The site does not include the industrial uses (APNs 8532-002-036, 8532-002-040, and 8532-002-043) that are between the northeast part of the project site and Live Oak Lane, nor does the site boundary include the parcel owned by the Valley County Water District (APN 8532-002-904) at the southeastern corner of the project site.
1.3 PROJECT SUMMARY
The Specific Plan outlines two options for the development of the project site. A land use comparison is shown in Table 1-1, Proposed Land Use, Option 1 and Option 2. One of these two options would be the end use for the project site after reclaiming the property. The project would also include the dedication of Live Oak Lane along the proposed project’s frontage to improve the street to the City’s standard of 60 feet; installation of a new
IRWINDALE GATEWAY SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF IRWINDALE
1. Introduction
October 2024 Page 3
traffic signal at the Live Oak Lane/Live Oak Avenue intersection; 2,100 feet of new public water main; and 750 feet of new public sidewalk.
Table 1-1 Proposed Land Use, Option 1 and Option 2
Development
Option Land Use Acres Permitted Building/Structure Use Square Feet/Other Details Option 1 Industrial/Business
Park
52.65 ac General light industrial, manufacturing,
warehouse/distribution, e-commerce
fulfillment center
• Up to 1,000,000 sf of building space
• Conceptual plan: 954,796 sf of warehouse
space and 43,000 sf of office space
Option 2 Industrial/Business
Park
36.71 ac General light industrial, manufacturing,
warehouse/distribution, e-commerce
fulfillment center
• Up to 705,000 sf of building space
• Conceptual plan: 668,070 sf of warehouse
space and 36,000 sf of office space
Battery Energy
Storage System
(BESS)
15.94 ac Electric energy storage, transmission,
and AC/DC and voltage conversion
• Battery/Inverter/medium voltage
transformer array area: Appx. 353,000 sf
• Roads and parking: Appx. 91,000 sf
• Collector Substation: Appx. 87,000 sf
• Aux. Transformer Pads: Appx. 2,000 sf
1.3.1 Option 1
Option 1 would include a 52.65-acre parcel developed as an industrial logistics and distribution center with three buildings and associated parking and loading docks. The remaining 13.99 acres of the site would be used for public rights-of-way and the SCE easement that runs from north to south along the western portion of the site. The three buildings would allow a maximum of 997,796 square feet of building space—954,796 square feet of warehouse space and 43,000 square feet of office space (see Table 1-2, Building Square Footage, Option 1).
Trailer, truck, and/or car parking would be included throughout the project site.
Table 1-2 Building Square Footage, Option 1
Buildings
Building Square Feet
Warehouse Office Total
Building 1 222,910 10,000 232,910
Building 2 660,776 30,000 690,776
Building 3 71,110 3,000 74,110
Total 954,796 43,000 997,796
IRWINDALE GATEWAY SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF IRWINDALE
1. Introduction
Option 2
Option 2 would include a 36.71-acre parcel developed as an industrial logistics and distribution center with two warehousing/office buildings and a 15.94-acre parcel for the 400-megawatt BESS (electric energy storage, transmission and AC/DC and voltage conversion). The two buildings would allow a maximum of 704,070 square feet—668,070 square feet of warehouse space and 36,000 square feet of office space (see Table 1-3, Building Square Footage, Option 2). The preliminary design for the BESS has 353,000 square feet of battery arrays, within which battery enclosures, inverter enclosures, and medium voltage transformers would be arranged. The BESS would be served by an undergrounded electrical tie-line unless applicable agencies (Southern California Edison or California Independent System Operator (CALISO)) require an overhead line. If required, an overhead electric tie-line consisting of three 220-kilovolt conductor cables below an optical ground wire that serves dual purposes of grounding and fiber optic communications. An overhead line would be subject to a Zone Variance application per IMC Chapter 17.32.
Table 1-3 Building Square Footage, Option 2
Buildings
Building Square Feet
Warehouse Office Total
Building 1 599,960 30,000 626,960
Building 2 71,110 6,000 77,110
Total 668,070 36,000 704,070
October 2024 Page 5
2. Mitigation Monitoring and Reporting
Requirements
Project-specific mitigation measures have been categorized in matrix format, as shown in Table 1. The matrix identifies the environmental factor, specific mitigation measures, schedule, and responsible monitor. The mitigation matrix will serve as the basis for scheduling the implementation of, and compliance with, all mitigation measures.
IRWINDALE GATEWAY SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF IRWINDALE
2. Mitigation Monitoring and Reporting Requirements
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IRWINDALE GATEWAY SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF IRWINDALE
2. Mitigation Monitoring and Reporting Requirements
October 2024 Page 7
Table 2-1 Mitigation Monitoring and Reporting Requirements Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
AIR QUALITY
AQ-1 The construction contractor shall specify in the construction bid that the construction contractor(s) shall only use interior and exterior paints with a low VOC (volatile organic
compound) content with a maximum concentration of 0 grams per liter (g/L) for building architectural coating during construction and for future coating to reduce VOC emissions.
All building and site plans shall note use of paints with a maximum VOC concentration of 0 g/L. Prior to construction, the construction contractor(s) shall ensure that all construction plans submitted to the City of Irwindale Building and Safety Department and the Community Development Department
clearly show this requirement.
Future Project
Applicants, Construction
Contractor
Prior to construction City of Irwindale Building
and Safety Department
City of Irwindale
Community Development
Department
AQ-2 Prior to future discretionary approval, if it is determined that a project has the potential to emit nuisance odors beyond the property line, an odor management plan shall be prepared by the project applicant, subject to review and approval by the City of Irwindale Community Development Department.
Facilities that have the potential to generate nuisance odors include but are not limited to:
• Wastewater treatment plants
• Composting, green waste, or recycling facilities
• Fiberglass manufacturing facilities
• Painting/coating operations
• Large-capacity coffee roasters
• Food-processing facilities
The odor management plan shall show compliance with the South Coast Air Quality Management District’s Rule 402 for nuisance odors. The odor management plan shall identify the best available control technologies for toxics (T-BACTs) that will be utilized to reduce potential odors to acceptable levels, Future Project Applicants Prior to issuance of an
Occupancy Permit for a
new tenant/business
entity
City of Irwindale
Community Development
Department
City of Irwindale Code
Enforcement Division
IRWINDALE GATEWAY SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF IRWINDALE
2. Mitigation Monitoring and Reporting Requirements
Table 2-1 Mitigation Monitoring and Reporting Requirements Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
including appropriate enforcement mechanisms. T-BACTs
may include, but are not limited to scrubbers (i.e., air pollution control devices) at the industrial facility. T-BACTs identified in the odor management plan shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan.
CULTURAL RESOURCES
CUL-1 Prior to the issuance of any permits allowing grounddisturbing activities, the project proponent/operator shall retain a Qualified Archaeologist, defined as an archaeologist
meeting the Secretary of the Interior’s Standards for
professional archaeology (U.S. Department of the Interior, 2011), to carry out all mitigation measures related to
archaeological resources. The contact information for this Qualified Archaeologist shall be provided to the City of Irwindale Planning Department prior to the commencement of any construction activities on-site.
Future Project Applicant’s
Qualified Archaeologist
Prior to grading permits City of Irwindale
Community Development
Department
CUL-2 In the event that unanticipated cultural resources are encountered during any phase of project construction, all construction work within 50 feet of the find shall cease, and the Qualified Archaeologist and designated Native American representative, as defined in Mitigation Measure TCR-2, shall assess the find for importance. Construction activities may continue in other areas. If the discovery is determined to not be significant by the Qualified Archaeologist and designated Native American representative, work will be permitted to continue in the area.
If a find is determined to be important by the Qualified Archaeologist and designated Native American
representative, he or she shall immediately notify the City.
The City shall consult on a finding of eligibility and implement appropriate treatment measures if the find is determined to be eligible for inclusion in the California Register of Historical Future Project Applicant’s
Qualified
Archaeologist/Native
American Representative
During construction City of Irwindale
Community Development
Department
IRWINDALE GATEWAY SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF IRWINDALE
2. Mitigation Monitoring and Reporting Requirements
October 2024 Page 9
Table 2-1 Mitigation Monitoring and Reporting Requirements Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
Resources (CRHR). Work may not resume within the no-work radius until the lead agency, through consultation as
appropriate, determines that the site either: (1) is not eligible for the CRHR; or (2) treatment measures have been
completed to its satisfaction.
GREENHOUSE GAS EMISSIONS
GHG-1 Prior to the issuance of building permits, the Project Applicant shall provide documentation to the City demonstrating that the project shall install measures listed below. Implementation of these measures shall be verified by the City prior to the issuance of final Certificate of Occupancy.
• All-electric energy systems.
• Enhanced window insulation (0.4 U-factor, 0.32 SHGC). • Duct insulation (R-6).
• High efficiency HVAC (EER 15/80 percent AFUE or 8
HSPF).
• Weather-based irrigation control systems combined with drip irrigation.
• Low flow toilets, urinals, and bathroom faucets to reduce water usage.
Future Project Applicants Prior to the issuance of
building permits
(documentation
provisions) and prior to
final Certificate of
Occupancy (verification)
City of Irwindale Building
and Safety Department
City of Irwindale
Community Development
Department
GHG-2 Prior to issuance of an Occupancy Permit for a new tenant/business entity, the new tenant/business entity shall provide documentation to the City demonstrating enrollment in a 100 percent carbon-free electricity energy plan such as Southern California Edison’s Green Rate program. If a 100 percent carbon-free electricity plan is not available, the responsible party shall enroll in an energy plan with the next highest carbon-free electricity until a 100 percent carbon-free electricity energy plan becomes available. Measures to
achieve 100 percent carbon-free electricity use for the Tenants/Business
Entities
Prior to issuance of an
Occupancy Permit
City of Irwindale Building
and Safety Department
IRWINDALE GATEWAY SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF IRWINDALE
2. Mitigation Monitoring and Reporting Requirements
Table 2-1 Mitigation Monitoring and Reporting Requirements Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
proposed project’s building may include but are not limited to 100 percent renewable electricity. If such caron-free electricity energy plans are waitlisted, the responsible party shall sign up on the waiting list until such time a plan is available.
GHG-3 Prior to issuance of an Occupancy Permit for a new tenant/business entity, the project developer/facility owner and tenant/business entity shall provide to the City of Irwindale Community Development Department a signed document
(verification document) noting that the project
development/facility owner has disclosed to the
tenant/business entity the requirement to implement the following measures. With the exception of the landscape equipment requirement (4th bullet), this measure shall not apply to the BESS:
• A solar photovoltaic (PV) system associated with proposed project buildings. The PV system shall be designed to
comply with Section 140.10, Prescriptive Requirements for Photovoltaic and Battery Storage Systems, of the 2022
Building Energy Efficiency Standards. For purposes of this mitigation measure, battery storage modules are not
considered buildings.
• High-efficiency lights (>50 percent of fixtures) to reduce energy usage.
• All major end-user appliances (e.g., dishwashers and
refrigerators) installed are Energy Star certified or of equivalent energy efficiency where applicable.
• All landscape equipment (e.g., leaf blower) used for property management shall be electric powered only. The property manager/facility owner shall provide documentation (e.g., purchase, rental, and/or services agreement) to the
Planning Department to verify, to the City’s satisfaction, that Project Developer/Facility
Owners &
Tenant/Business Entities
Prior to issuance of an
Occupancy Permit for a
new tenant/business
entity
City of Irwindale Building
and Safety Department
City of Irwindale
Community Development
Department
IRWINDALE GATEWAY SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF IRWINDALE
2. Mitigation Monitoring and Reporting Requirements
October 2024 Page 11
Table 2-1 Mitigation Monitoring and Reporting Requirements Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
all landscaping equipment utilized will be electric powered, as allowed.
• Truck check-in points shall be inside the project site to ensure no trucks are queuing on local roadway(s).
• All on-site outdoor cargo-handling equipment (including yard trucks, hostlers, yard goats, pallet jacks, forklifts, generators, pumps, and other on-site equipment) shall be electric or non-diesel fueled. All on-site indoor forklifts shall be powered by electricity.
• All truck/dock bays that serve cold storage facilities within the proposed buildings shall be electrified to facilitate plugin capabilities and support use of electric standby and/or hybrid electric transport refrigeration units.
• Prior to the issuance of a building permit, the site plan shall include the minimum number of automobile electric vehicle charging stations in accordance with the requirements of the Tier 2 Nonresidential Voluntary Measures of CALGreen
Section A5.106.5.3, Electric vehicle (EV) charging. required by the California Code of Regulations Title 24.
In addition, the project developer/facility owner has provided the following:
• Occupants/tenants shall be provided documentation on the United States Environmental Protection Agency’s
SmartWay program.
• Occupants/tenants shall be provided documentation on
funding opportunities, such as the Carl Moyer Program, that provide incentives for using cleaner-than—required engines and equipment.
This verification document shall be signed by authorized agents for the project developer/facility owner and
tenant/business entities. In addition, if applicable, the tenant/business entity shall provide documentation (e.g.,
IRWINDALE GATEWAY SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF IRWINDALE
2. Mitigation Monitoring and Reporting Requirements
Table 2-1 Mitigation Monitoring and Reporting Requirements Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
purchase or rental agreement) to the City of Irwindale
Community Development Department to verify, to the City’s satisfaction, compliance with these measures.
GHG-4 Prior to the issuance of a building permit, the Project Applicant shall provide documentation to the City demonstrating that the project buildings’ electrical room is sufficiently sized to hold additional panels that may be needed to supply power for future installation of electric charging systems for electric trucks and power transport refrigeration units (TRUs). Conduit shall be installed from the electrical room to tractor-trailer parking spaces in logical locations on-site to facilitate future electric truck charging. Conduit shall be installed between the electrical room and the loading docks to facilitate the use of electric plug-in TRUs. This mitigation measure shall not apply to the BESS.
Future Project Applicants Prior to issuance of
building permits
City of Irwindale Building
and Safety Department
GHG-5 In accordance with the City of Irwindale’s Municipal Code Chapter 17.66, Trip Reduction and Travel Demand Measures, the project shall make provision for each of the TDM
measures outlined in Subsection 17.66.030(B), Development Standards and shall comply with the Monitoring requirements in Section 17.66.040. The project applicant shall demonstrate compliance with each measure in a written report submitted to the city prior to the issuance of a building permit and show compliance prior to the issuance of Certificate of Occupancy.
The Transportation Demand Management (TDM) Program
shall include detailed strategies for reducing the use of single occupant vehicles by employees by increasing
carpool/vanpool participation and transit use. Additionally, the TDM program may provide for alternative work or compressed work schedules to reduce the number of days an employee commutes to work. This mitigation measure shall not apply to the BESS.
Project
Applicant/Tenant/Busines
s Entities
Prior to issuance of
building permits (submit
written report) and prior
to Certificate of
Occupancy (verify
compliance)
City of Irwindale
Community Development
Department
City of Irwindale Public
Works/Engineering
Department