Community Development Element
Update
Exhibit B to Resolution No. 2025-77-3665
neighborhood is also located in the Southeast
Planning Area, north of Cypress Street between
Azusa Canyon Road and Irwindale Avenue. This
8.49-acre neighborhood is comprised of 39
single-family residences situated on lots of
various sizes. Lot sizes range from 5,000 square
feet to ½-acre lots.
● Mountain/Meridian Neighborhood. This
neighborhood occupies 6.16 acres and is located
in the City’s northwestern-most corner, in the
Northwest Planning Area. Physically this
neighborhood is located adjacent to, and appears
to be part of the neighboring residential
neighborhood found in the City of Duarte. In fact,
access to this neighborhood is possible by
passing through this neighboring City. There are
64 single-family homes in this area, 49 of which
were constructed by the Community
Redevelopment Agency.
● Morada Street Neighborhood. This
neighborhood is located north of Arrow Highway
and just over ½ mile east of Irwindale Avenue in
the Northeast Planning Area. This small
neighborhood, consisting of 2.7 acres, includes
20 single-family homes located along Morada
Street and 4 homes on the property just to the
east of Morada. Lot sizes within this
neighborhood consist of 4,000 square foot lots on
the east side of the street, 5,000 square foot lots
on the west side, and an assortment of other lot
sizes. The Our Lady of Guadalupe Mission, a
structure of local historic importance, is also
located in this neighborhood.
● Park Avenue Neighborhood. Three single-family
homes are found in this neighborhood located in
the Southwest Planning Area. Park Avenue is a
long cul-de-sac street, the west side of which is in
the City of Baldwin Park. The homes are located
on the east side of Park Avenue, at the
intersection with Los Angeles Street. South of
Los Angeles Street is the former Calmat
maintenance facility which operated as an
industrial aggregate shop and parts storage area.
● Azusa Canyon Road Neighborhood. This
neighborhood is located in the Southeast
Planning Area, along a segment of Azusa
Canyon Road. Five single-family homes are
clustered together along a short segment of
Azusa Canyon Road. This area, in its entirety, is
zoned M-1 (Light-Industrial), thus making the
properties residential non-conforming.
● Vincent Avenue. This residential area is located
in the southeastern portion of the City, to the
south of the Big Dalton Wash along the west side
of Vincent Avenue. Three single-family homes
are located in this area. These homes are
constructed on two wedge shaped lots situated
between the channel and the residential area to
the south, in County territory fronting on Vincent
Avenue.
• Allen Drive. This residential area is located in the
Southeast area in the Town Center.
• Ramona Boulevard. These Residential Overlay
areas is in the southwest area of the City
• Gold Line/IBCN. (Formerly identified as Gold
Line/Reliance II). This Residential Overlay area is
in the northeast area of the City.
• Irwindale Avenue/Avenida Padilla. This
Residential Overly area is located in the
northeast area of the City.
The nature and extent of the various residential
neighborhoods that comprise the City are
summarized below in Table 2-3. The location and
extent of the existing residential neighborhoods are
shown in Exhibit 2-1.
Community Development Element
Update
Exhibit B to Resolution No. 2025-77-3665
Table 2-3
Residential Neighborhoods in Irwindale
Revised 8.27.25
Neighborhood Planning Area Land Area No. of Units1
Azusa Canyon Southeast -- 5 units
Hidalgo/Juarez Southeast 5.64 acres 49 units2
Morada Street Northeast 2.70 acres 24 units
Mountain/Meridian Northwest 6.16 acres 64 units
Nora/Fraijo Southeast 8.49 acres 39 units
Park Avenue Southwest -- 3 units
Town Center Southeast 33.89 acres 216 units3.
Vincent Avenue Southeast -- 3 units
Allen Drive – R-2 Southeast 10 51
12881 Ramona Southwest 1 21 units4
13201 Ramona Southwest 4 84 units4
Gold Line/IBCN (formerly
Reliance II
Northeast 1 21 units4
Irwindale
Avenue/Avenida Padilla
Northeast 2 33 units4
1. Unless otherwise noted, the units indicated are single-family residences.
2. Twelve lots contain two units and three lots contain three or more units.
3. This figure includes 177 single-family homes and 16 multiple-family units constructed as part of the Las Casitas senior housing development.
4Units to comply with 2021-2029 HE densities
Attachment “F”
ORDINANCE NO. 803
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE ADOPTING AND ADDING SECTION 17.04.050
(“RESIDENTIAL OVERLAY”) TO CHAPTER 17.04 (“RESIDENTIAL
ZONE DISTRICTS”), OF THE IRWINDALE MUNICIPAL CODE
(“ZONING”), TO ADD RESIDENTIAL OVERLAY AS A ZONE
DISTRICT, MAKING FINDINGS IN SUPPORT THEREOF AND
FINDING THE PROJECT CONSISTENT WITH THE PROGRAM
ENVIRONMENTAL IMPACT REPORT (SCH#2023120387) FOR
THE 2021-2029 HOUSING ELEMENT UPDATE
WHEREAS, the City of Irwindale Municipal Code section 17.35.040 provides that, “An Amendment to the General Plan, General Plan Map, Zoning Code or Zoning Map may be initiated by any qualified applicant identified in Section 17.25.020, Application Forms and Fees, the Community Development Director or by motion of the City Council or Planning Commission;” and
WHEREAS, the City of Irwindale has initiated the request for a Zone Ordinance Amendment (ZOA No. 05-2025) to amend Chapter 17.04 of Title 17 to add Residential Overlay to the City’s Zoning Code to implement the 2021-2029 adopted Housing Element. (This ZOA is being processed concurrently with General Plan Amendment Nos. 03-2025, 04-2025, 05-2025, and 06-2025, and Zone Change Nos. 05-2025, 06-2025, 07-2025, 08- 2025, and 09-2025, collectively referred to as the “Project”); and WHEREAS, the Irwindale Community Development Department, Irwindale Planning Division, and other City of Irwindale staff have prepared, since June 2021, the Housing Element Update, Safety Element Update, and new Environmental Justice Element; and
WHEREAS, State law requires that the City Council adopt a Housing element for the eight-year period 2021-2029 to accommodate the City of Irwindale Regional Housing Needs Allocation (RHNA) of 119 housing units, comprised of 36 very-low income units, 11 low income units, 17 moderate income units, and 55 above moderate income units; and
WHEREAS, the Housing Element must be adopted to comply with state law, accommodate the City’s Regional Housing Needs Allocation, affirmatively further fair housing, and facilitate and encourage a variety of housing types for all income levels, including multifamily housing; and
WHEREAS, the City has prepared the 2021-2029 Irwindale Housing Element for the sixth cycle planning period (“Housing Element”) in compliance with state law; and
WHEREAS, Ordinance No. 803 will amend Chapter 17.04 Residential Zone Districts of the Irwindale Municipal Code to add Residential Overlay as a zone district to be consistent with the proposed 2021-2029 Housing Element; and
WHEREAS, a Draft Program Environmental Impact Report (DPEIR) was prepared by the City of Irwindale as the lead agency and circulated for the 45-day public review period from April 4, 2025 to May 19, 2025; and
WHEREAS, a Final Program Environmental Impact Report (FPEIR) and Mitigation Monitoring and Reporting Program were prepared for the Project; and WHEREAS, on July 30, 2025, the Planning Commission conducted a duly noticed public hearing, as required by law, on the Application and recommended that the City Council approve the Zone Ordinance Amendment 05-2025; and WHEREAS, the City Council now desires to approve Ordinance No. 803 to amend Chapter 17.04 of Title 17 to add Residential Overlay to the City’s Zoning Code to comply with the adopted 2021-2029 Housing Element; and
WHEREAS, all legal prerequisites for the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS:
SECTION 1. The facts set forth in the recitals in this Ordinance are true and correct and incorporated herein by reference.
SECTION 2. Based upon substantial evidence and testimony taken from the record as a whole, and received at the public hearing, both oral and written, including the recommendation of the Planning Commission, the staff report, and all attachments thereto, all of which shall constitute the entire record of the matter, the City Council hereby finds that the proposed Zone Ordinance Amendment, attached herein as Exhibit “A”, is necessary and consistent with and will implement the City’s vision, goals, and policies of the 2021-2029 Housing Element Update to the Irwindale General Plan. The City Council further finds, that the Zone Ordinance Amendment is consistent with state law, and the proposed revisions to the Zoning Code are in the interest of the public and are necessary to comply with state law. In particular:
a. Chapter 17.04 contains three (3) residential zone districts that do not include a residential overlay district that is necessary to comply with the 2021-2029 Housing Element. The Zone Ordinance Amendment will create a new zoning district to be consistent with the 2021-2029 Housing Element Update to the Irwindale General Plan; and
b. The Zone Ordinance Amendment will modify Zoning Code districts/regulations to add a residential overlay zone and allow the base zoning district to remain; and
c. The Zone Ordinance Amendment will update the Zoning Code to comply with State mandates, including SB 35, SB 330, the Housing Accountability Act, SB 9, and other Accessory Dwelling Unit Requirements.
SECTION 3. The City Council hereby adopts and adds section 17.04.050 (“Residential Overlay”) to Chapter 17.04 (“Residential Zone Districts”), of the Irwindale Municipal Code (“Zoning”), to read in its entirety as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as though set forth in full.
SECTION 4. https://www.irwindaleca.gov/570/Housing-Element-General-PlanUpdate. On August 27, 2025, the City Council adopted Resolution No. 2025-76-3664 certifying the Final PEIR for the Project, adopting findings of fact and a statement of overriding considerations, and adopting a mitigation and monitoring reporting program.
The City Council hereby finds and determines based upon the independent judgment of the City Council, after consideration of the whole of the administrative record, that the Program Environmental Impact Report (“PEIR”) prepared for the Project adequately describes the Project and its potential impacts, as well as the impacts potentially resulting from the approval of Zone Ordinance Amendment 05-2025 for the purposes of CEQA review, and Zone Ordinance Amendment 05-2025 is consistent with the analysis of the Project within the FPEIR, Mitigation Monitoring and Reporting Program, Findings of Fact, and Statement of Overriding Considerations. The Draft PEIR was circulated for public review for 45 days from April 4, 2025, through May 19, 2025. A copy of the Draft PEIR and Final PEIR was circulated through the State Clearinghouse (SCH# 2023120387), posted on the City’s website, and was available at the Irwindale Public Library, City Clerk’s Office, and the Community Development Department. The public review period for the Draft PEIR ended on May 19, 2025. A Final Program Environmental Impact Report and Mitigation Monitoring and Reporting Program was prepared on the proposed project, including the Draft PEIR, comments received on the Draft EIR and responses to those comments, revisions and corrections to the Draft PEIR made in response to comments received. Environmental documents can be found at:
https://www.irwindaleca.gov/570/Housing-Element-General-Plan-Update.
SECTION 5. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional due to the writs of mandate issued by the Court.
SECTION 6. The Mayor shall sign this Ordinance and the City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect 30 days after its final passage. City Staff are directed and authorized to inform and educate the public regarding the adoption of this Ordinance prior to its taking effect.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Irwindale this 27th day of August, 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 Ordinance No. 803 was introduced for first reading at a regular meeting of the City Council of the City of Irwindale held on August 27, 2025, and adopted on second reading at a regular meeting of the City Council of the City of Irwindale held on September 10, 2025, and was carried by the following roll-call vote of the Council:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Laura M. Nieto, MMC, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 803 adopted by the City Council of the City of Irwindale at its regular meeting held August 27, 2025 to be posted at the City Hall, Library, and Post Office on August 21, 2025.
___________________________ Dated:_______________________ Laura M. Nieto, MMC
Chief Deputy City Clerk
EXHIBIT “A”
Zone Ordinance Amendment No. 05-2025
Ordinance No. 803
Adding 17.04.050 to Chapter 17.04 Residential Zoning Districts
17.04.050 Purpose
The Residential Overlay (RO) Zone implements the City of Irwindale’s Sixth Cycle (2021– 2029) Housing Element by facilitating residential and mixed-use development on designated sites within the M-2 (Heavy Industrial), R-1 (Residential – Low Density), and R-2 (Residential – Medium Density) zones.
The RO Zone establishes residential development regulations different from the base zoning district while retaining the base zoning’s regulatory authority over non-residential uses. This zoning structure ensures:
A. Ministerial approval for developments with at least 20% affordable units (per GC §65583.2(h)).
B. Housing production on designated sites that accommodate RHNA allocations.
C. Preservation of non-residential zoning provisions for sites retaining industrial or commercial functions.
17.04.050.1 Zoning Map Designation
A. Dual Zoning Designation. Each parcel within the RO Zone shall have a dual zoning designation to signify the base zone and the zone that will govern residential uses on the site:
• Non-residential uses remain subject to the underlying base zone, if permitted (e.g., M-2).
• Residential uses are governed by a designated residential zone (R-2, R-3, or C3) assigned through the RO overlay.
B. Zoning Map Labels. The zoning map shall reflect the dual zoning designation by using dual zoning labels as follows:
• M-2/RO-R-2, M-2/RO-R-3, M-2/RO-C-3, and SP/RO-C-3 for industrial or specific plan sites with residential overlays.
17.04.050.2 Land Use Regulations
A. Residential Uses
• Residential uses shall be permitted per the RO governing zone (R-2, R-3, or C-3) assigned to the parcel.
• Developments containing at least 20% affordable units shall be permitted by right and subject only to ministerial review.
B. Non-Residential and Mixed Uses
1. Non-residential uses shall be permitted in accordance with the base zoning district.
2. Mixed-use projects shall comply with C-3 development standards unless a specific regulation is modified by overlay provisions or approval of a Variance.
3. Mixed-use projects on sites with lower-income RHNA allocations must allocate at least 50% of the total floor area to residential uses.
17.04.050.3 Development Standards
A. Table 1. Development Standards – Residential Overlay, prescribes the special development standards for the RO Zone parcels. Additional regulations are denoted in the righthand column. The specific regulations in the referenced section shall apply to the use in addition to other applicable provisions in other sections of this Zoning Code.
Table 1: Development Standards-Residential Overlay
Standard RO-R-2 RO-R-3 RO-C-3 Notes and Additional Regulations Minimum
Density
(units/acre)
8.0 21.0 21.0
Maximum
Density
(units/acre)
14.0 30.0 30.0
Maximum
Building Height
(feet)
35.0 50.0 48.0
See Section 17.04.030 for measurement
of heights of residential structures.
Minimum
Residential
Floor Area
(Mixed-Use
Only) (percent)
N/A N/A 50.0
B. Density Bonuses, Concessions and Incentives
Projects may receive density bonuses, parking reductions, and development concessions per State Density Bonus Law (Government Code §§ 65915-65918) in compliance with Chapter 17.15, Affordable Housing, Density Bonuses, and Other Incentives, as may be amended.
17.04.050.4 Design & Development Standards
A. Objective Design Standards
Multi-Family Residential. All multi-family residential developments shall comply with the development and design standards in Chapter 17.14, Multifamily Objective Design Standards and applicable site planning standards in Chapter 17.13 - Site Planning and General Development Standards.
B. Parking Standards
1. For projects within ½ mile of a major transit stop as defined in Section 21155 of the Public Resources Code, no minimum parking shall be required, per Government Code § 65863.2.
2. For projects exceeding 20% affordability, parking requirements shall comply with Government Code § 65915(p)(1) and require no more than 1 space per unit maximum.
3. Mixed-use projects may satisfy parking requirements through shared or off-site parking agreements, consistent with Chapter 17.16 – Parking & Loading Standards.
C. Setbacks and Screening in M-2 Zone
1. A 30-foot landscaped setback shall be provided from any property line that abuts an industrial zone or use. This setback may be reduced by the Review Authority on the basis that the reduced setback will achieve the intended immediate and long-term effect of buffering residential uses from industrial impacts.
2. This setback area shall include required screening types as described in Section
17.17.040 (Screening), with the exception that Evergreen trees shall be planted at a maximum spacing of 20 feet on center within buffer areas.
3. The setback area shall include a double row of staggered tree plantings, where feasible.
4. Trees shall be a minimum of 24-inch box size at the time of planting to provide immediate screening and noise reduction benefits. Species selection shall prioritize fast-growing, dense-foliage trees such as:
I. Coast Live Oak (Quercus agrifolia)
II. California Sycamore (Platanus racemosa)
III. Italian Cypress (Cupressus sempervirens) (for narrow buffer zones) D. Noise & Air Quality Mitigation
1. Windows facing industrial areas shall include soundproofing materials to mitigate industrial noise per Title 24, Part 11 (California Green Building Standards Code).
2. Mechanical ventilation or HVAC systems with MERV-13+ filters shall be required to minimize exposure to industrial pollutants, per California air quality standards.
3. Site design must orient residential units away from truck-intensive areas and use double-glazing or laminated glass for sound reduction.
17.04.050.5 Administrative Procedures
A. Ministerial Approval for Qualifying Projects
Housing projects with 20%+ affordable units shall be approved ministerially within 60 days, consistent with Government Code § 65583.2(i).
Chapter 17.04 contains four zoning districts that permit residential uses. These zone districts include the following:
• R-1: Single Family Residential. This zone district is the most restrictive residential zone, permitting one single-family home per lot. This zone also contains base standards that are applicable to the remaining zone districts. • R-2: Light/Multiple Residential. In addition to permitting those uses permitted under the R-1 zoning, this district also permits two units on a lot. • R-3: Heavy/Multiple Residential. This zone district permits multiple-family development including apartments and condominiums.
• C-3: Heavy Commercial Residential. This zone district permits the uses that are permitted in the R-1 and C-2 zone districts.
• Zoning Map and General Plan Map Designations
• The following table indicates the proposed Zoning and General Plan Land Use Map Amendments required to implement the Housing Sites Inventory of the Housing Element:
Housing Site APN Existing
Zoning
Propose
d Acres
to
Amend
Proposed
General Plan
Land Use
designation
Proposed
Zoning
1 – 5100 Allen
Drive
8417
-
034-
912
M-2 10.0 Residential R-2
2 – 12881
Ramona
8546
-
031-
082
M-2 2.0 Residential
Overlay M-2/RO-R-3
3 – 13201
Ramona
8546
-
002-
088
R-1 8.0 Residential
Overlay R-1/RO-C-3
8604
-
019-
001
4 – Gold Line
IBCN (formerly
Reliance II 8604
-
SP 1.0 Residential
Overlay SP/RO-C-3
Housing Site APN Existing
Zoning
Propose
d Acres
to
Amend
Proposed
General Plan
Land Use
designation
Proposed
Zoning
019-
003
8604
-
019-
010
8615
-
001-
072
8615
-
001-
047
8615
-
001-
063
8615
-
001-
049
8615
-
001-
050
8615
-
021-
005
8615
-
021-
012
8615
-
021-
006
5 – Irwindale/
Padilla
8615
-
021-
007
M-2 2.0 Residential
Overlay
M-2/RO-C-3 (1
Acre)
M-2/RO-R-2 (1
Acre)
Housing Site APN Existing
Zoning
Propose
d Acres
to
Amend
Proposed
General Plan
Land Use
designation
Proposed
Zoning
8615
-
021-
008
8615
-
021-
017
8615
-
021-
018
8615
-
021-
013
8615
-
021-
011
8615
-
021-
015
CC Resolution No. 2025-80-3668
Zone Change No. 05-2025
Attachment “G”
RESOLUTION NO. 2025-80-3668
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING ZONE CHANGE NO. 05-2025 AND MODIFYING THE CITY OF IRWINDALE ZONING MAP TO REZONE A PARCEL FROM M-2 (HEAVY INDUSTRIAL) ZONE TO R-2 (MEDIUM DENSITY RESIDENTIAL) ZONE LOCATED AT 5100 ALLEN DRIVE (APN 8417-034-912); AND FIND THAT THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) DOES NOT APPLY TO A REZONING THAT IMPLEMENTS THE
SCHEDULE OF ACTIONS CONTAINED IN AN APPROVED HOUSING ELEMENT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.085
A. RECITALS.
(i) The City of Irwindale, 5050 Irwindale Avenue, Irwindale, CA 91706, acting as the Applicant, has initiated the request for a Zone Change (Zone Change No. 05-2025) to amend the City’s Zoning Map and make appropriate changes to support the highest and best use and modify the Zoning Map to reflect the updated zoning designations at the above referenced property; and
(ii) Chapter 17.35 (Amendments to the General Plan, General Plan Map, Zoning Code and Zoning Map) of the Irwindale Municipal Code allows for changes to the classification of property whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the General Plan; and
(iii) The Planning Commission has considered proposed Zone Change No. 05- 2025, an amendment to the Zoning Map designation for one (1) parcel of land located at the above referenced location; and
(iv) On June 30, 2025, Senate Bill 131 (SB 131) became effective immediately which states that CEQA does not apply to rezoning actions that implement an adopted housing element; and
(v) On July 10, 2025, the property owners within 500 feet of the subject property were notified by mail of the Planning Commission hearing on the proposed Zone Change. The public notice was posted in the four (4) designated public places (City Hall, Community Development Department, Library, and Post Office) on July 10, 2025 and was also published in the newspaper on July 10, 2025. This timing met the minimum public notification requirement of 20 days prior to the meeting; and
(vi) On July 30, 2025, the Planning Commission conducted a duly noticed public hearing on the Zone Change at which time it received input from Staff and
CC Resolution No. 2025-80-3668
Zone Change No. 05-2025
the City Attorney’s Office, heard public testimony, and discussed the Proposed Project; and closed the public hearing; and
(vii) On July 30, 2025 the Planning Commission adopted Resolution No. 857(25), recommending that the City Council approve the proposed Zone Change to rezone the above referenced property; and
(viii) On August 14, 2025, the property owners within 500 feet of the subject property were notified by mail of the City Council’s public hearing. The public notice was posted in the four (4) designated public places (City Hall, Community Development Department, Library, and Post Office) on August 14, 2025 and was also published in the newspaper on August 14, 2025.
This timing met the minimum public notification requirement of 10 days prior to the meeting; and
(ix) On August 27, 2025, the City Council conducted a duly noticed public hearing, as required by law, on the Application, and approve the Zone Change, subject to the approval of a Resolution, which details the specific conditions under which the application is approved; and (x) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, HEREBY RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:
1. The City Council hereby specifically finds that all of the facts set forth in Recitals, Part A, of this Resolution are true and correct and incorporated herein by this reference.
2. Based upon substantial evidence presented to this City Council during the public hearing conducted with regard to the Application, including written staff reports, verbal testimony, and evidence in the City’s record for the project, this City Council hereby specifically finds as follows:
a. The Zone Change from M-2 (Heavy Industrial) to R-2 (Medium Density Residential) is intended to encourage the highest and best use for the subject property and is determined to be in the best interests and welfare of the City and its residents.
b. The property listed is currently a ten (10) acre site that has not been developed is located at 5100 Allen Drive. The Medium Density Residential, R-2 design standards will allow a housing density standard of 14 units per acre with a minimum lot size of 6,000 square feet.
CC Resolution No. 2025-80-3668
Zone Change No. 05-2025
c. The Zone Change will not be detrimental to the public interest, health safety, convenience, or welfare of the City. The purpose of the Zone Change is to properly rezone existing parcels in support of the 2021- 2029 General Plan Housing Element Update which includes an inventory of sites within the City that would be suitable for accommodating the housing identified in the Regional Housing Needs Assessment (RHNA). While the Housing Element does not propose the development of housing on any specific site, it does identify locations and policies that would support future housing development. 5100 Allen Drive is be included as one of the identified sites that would support future housing development, and the map shall be updated to reflect the proposed change.
d. The affected property is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the use would likely generate, to ensure that the use(s) will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.
3. On June 30, 2025, Senate Bill 131 (SB 131) became effective immediately and states that CEQA does not apply to rezoning actions that implement an adopted housing element. The City Council finds that pursuant to Public Resources Code Section 21080.085(a), CEQA does not apply to a rezoning that implements the schedule of actions contained in an approved housing element pursuant to subdivision (c) of Section 65583 of the Government Code.
4. Based upon substantial evidence and testimony received at public hearing and the findings and conclusions set forth hereinabove, the City Council hereby adopts and approves Zone Change No. 05-2025 to change the Zoning Map as shown in attached “Attachment A”.
5. The Chief Deputy City Clerk shall certify the adoption of this Resolution, which shall become effective immediately.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Irwindale this 27th day of August, 2025.
CC Resolution No. 2025-80-3668
Zone Change No. 05-2025
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 was adopted at a regular meeting of the City Council of the City of Irwindale held on the 27th day of August 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Laura M. Nieto, MMC
Chief Deputy City Clerk
CC Resolution No. 2025-80-3668
Zone Change No. 05-2025
Attachment “A”
Site #1
CC Resolution No. 2025-81-3669
Zone Change No. 06-2025
Attachment “H”
RESOLUTION NO. 2025-81-3669
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING ZONE CHANGE NO. 06-2025 AND MODIFYING THE CITY OF IRWINDALE ZONING MAP TO REZONE A PARCEL FROM M-2 (HEAVY INDUSTRIAL) ZONE TO M-2/ROR-3 (HEAVY INDUSTRIAL/RESIDENTIAL OVERLAY-RESIDENTIAL MULTIFAMILY) ZONE LOCATED AT 12881 RAMONA BOULEVARD (APN 8546-031-082); AND FIND THAT THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) DOES NOT
APPLY TO A REZONING THAT IMPLEMENTS THE SCHEDULE OF ACTIONS
CONTAINED IN AN APPROVED HOUSING ELEMENT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.085
A. RECITALS.
(i) The City of Irwindale, 5050 Irwindale Avenue, Irwindale, CA 91706, acting as the Applicant, has initiated the request for a Zone Change (Zone Change No. 06-2025) to amend the City’s Zoning Map and make appropriate changes to support the highest and best use and modify the Zoning Map to reflect the updated zoning designations at the above referenced property; and
(ii) Chapter 17.35 (Amendments to the General Plan, General Plan Map, Zoning Code and Zoning Map) of the Irwindale Municipal Code allows for changes to the classification of property whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the General Plan; and
(iii) The Planning Commission has considered proposed Zone Change No. 06- 2025, an amendment to the Zoning Map designation for one (1) parcel of land located at the above referenced location; and
(iv) On June 30, 2025, Senate Bill 131 (SB 131) became effective immediately which states that CEQA does not apply to rezoning actions that implement an adopted housing element; and
(v) On July 10, 2025, the property owners within 500 feet of the subject property were notified by mail of the Planning Commission hearing on the proposed Zone Change. The public notice was posted in the four (4) designated public places (City Hall, Community Development Department, Library, and Post Office) on July 10, 2025 and was also published in the newspaper on July 10, 2025. This timing met the minimum public notification requirement of 20 days prior to the meeting; and
(vi) On July 30, 2025, the Planning Commission conducted a duly noticed public hearing on the Zone Change at which time it received input from Staff and
CC Resolution No. 2025-81-3669
Zone Change No. 06-2025
the City Attorney’s Office, heard public testimony, and discussed the Proposed Project; and closed the public hearing; and
(vii) On July 30, 2025 the Planning Commission adopted Resolution No. 858(25), recommending that the City Council approve the proposed Zone Change to rezone the above referenced property; and
(viii) On August 14, 2025, the property owners within 500 feet of the subject property were notified by mail of the City Council’s public hearing. The public notice was posted in the four (4) designated public places (City Hall, Community Development Department, Library, and Post Office) on August 14, 2025 and was also published in the newspaper on August 14, 2025.
This timing met the minimum public notification requirement of 10 days prior to the meeting; and
(ix) On August 27, 2025, the City Council conducted a duly noticed public hearing, as required by law, on the Application, and approve the Zone Change, subject to the approval of a Resolution, which details the specific conditions under which the application is approved; and (x) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, HEREBY RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:
1. The City Council hereby specifically finds that all of the facts set forth in Recitals, Part A, of this Resolution are true and correct and incorporated herein by this reference.
2. Based upon substantial evidence presented to this City Council during the public hearing conducted with regard to the Application, including written staff reports, verbal testimony, and evidence in the City’s record for the project, this City Council hereby specifically finds as follows:
a. The Zone Change from M-2 (Heavy Industrial) to M-2/RO-R-3 (Heavy Industrial/Residential Overlay-Residential) is intended to encourage the highest and best use for the subject property and is determined to be in the best interests and welfare of the City and its residents.
b. The property listed is currently a two (2) acre site developed as an industrial/manufacturing use located at 12881 Ramona Boulevard.
The Heavy Industrial/Residential Overlay-Residential, M-2/RO-R-3
CC Resolution No. 2025-81-3669
Zone Change No. 06-2025
design standards will allow a housing density standards of 21 units per acre with a minimum lot size of 12,000 square feet. c. The Zone Change will not be detrimental to the public interest, health safety, convenience, or welfare of the City. The purpose of the Zone Change is to properly rezone existing parcels in support of the 2021- 2029 General Plan Housing Element Update which includes an inventory of sites within the City that would be suitable for accommodating the housing identified in the Regional Housing Needs Assessment (RHNA). While the Housing Element does not propose the development of housing on any specific site, it does identify locations and policies that would support future housing development. 12881 Ramona Boulevard is included as one of the identified sites that would support future housing development, and the map shall be updated to reflect the proposed change. d. The affected property is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the use would likely generate, to ensure that the use(s) will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.
3. On June 30, 2025, Senate Bill 131 (SB 131) became effective immediately and states that CEQA does not apply to rezoning actions that implement an adopted housing element. The City Council finds that pursuant to Public Resources Code Section 21080.085(a), CEQA does not apply to a rezoning that implements the schedule of actions contained in an approved housing element pursuant to subdivision (c) of Section 65583 of the Government Code.
4. Based upon substantial evidence and testimony received at public hearing and the findings and conclusions set forth hereinabove, the City Council adopts and approves Zone Change No. 06-2025 to change the Zoning Map as shown in attached “Attachment A”.
5. The Chief Deputy City Clerk shall certify the adoption of this Resolution, which shall become effective immediately.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Irwindale this 27th day of August, 2025.
CC Resolution No. 2025-81-3669
Zone Change No. 06-2025
Larry 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 was adopted at a regular meeting of the City Council of the City of Irwindale held on the 27th day of August 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Laura M. Nieto, MMC
Chief Deputy City Clerk
CC Resolution No. 2025-81-3669
Zone Change No. 06-2025
Attachment “A”
Site #2
CC Resolution No. 2025-82-3670
Zone Change No. 07-2025
Attachment “I”
RESOLUTION NO. 2025-82-3670
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING ZONE CHANGE NO. 07-2025 AND MODIFYING THE CITY OF IRWINDALE ZONING MAP TO REZONE A PARCEL FROM SINGLE FAMILY RESIDENTIAL ZONE TO R1/RO-C-3 (RESIDENTIAL - LOW DENSITY/RESIDENTIAL OVERLAY - COMMERCIAL/ RESIDENTIAL) ZONE LOCATED AT 13201 RAMONA BOULEVARD (APN 8546-002-088); AND FIND THAT THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) DOES NOT APPLY TO A REZONING THAT IMPLEMENTS
THE SCHEDULE OF ACTIONS CONTAINED IN AN APPROVED HOUSING ELEMENT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.085
A. RECITALS.
(i) The City of Irwindale, 5050 Irwindale Avenue, Irwindale, CA 91706, acting as the Applicant, has initiated the request for a Zone Change (Zone Change No. 07-2025) to amend the City’s Zoning Map and make appropriate changes to support the highest and best use and modify the Zoning Map to reflect the updated zoning designations at the above referenced property; and
(ii) Chapter 17.35 (Amendments to the General Plan, General Plan Map, Zoning Code and Zoning Map) of the Irwindale Municipal Code allows for changes to the classification of property whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the General Plan; and
(iii) The Planning Commission has considered proposed Zone Change No. 07- 2025, an amendment to the Zoning Map designation for one (1) parcel of land located at the above referenced location; and
(iv) On June 30, 2025, Senate Bill 131 (SB 131) became effective immediately which states that CEQA does not apply to rezoning actions that implement an adopted housing element; and
(v) On July 10, 2025, the property owners within 500 feet of the subject property were notified by mail of the Planning Commission hearing on the proposed Zone Change. The public notice was posted in the four (4) designated public places (City Hall, Community Development Department, Library, and Post Office) on July 10, 2025 and was also published in the newspaper on July 10, 2025. This timing met the minimum public notification requirement of 20 days prior to the meeting; and
(vi) On July 30, 2025, the Planning Commission conducted a duly noticed public hearing on the Zone Change at which time it received input from Staff and
CC Resolution No. 2025-82-3670
Zone Change No. 07-2025
the City Attorney’s Office, heard public testimony, and discussed the Proposed Project; and closed the public hearing; and
(vii) On July 30, 2025 the Planning Commission adopted Resolution No. 859(25), recommending that the City Council approve the proposed Zone Change to rezone the above referenced property; and
(viii) On August 14, 2025, the property owners within 500 feet of the subject property were notified by mail of the City Council’s public hearing. The public notice was posted in the four (4) designated public places (City Hall, Community Development Department, Library, and Post Office) on August 14, 2025 and was also published in the newspaper on August 14, 2025.
This timing met the minimum public notification requirement of 10 days prior to the meeting; and
(ix) On August 27, 2025, the City Council conducted a duly noticed public hearing, as required by law, on the Application, and approve the Zone Change, subject to the approval of a Resolution, which details the specific conditions under which the application is approved; and (x) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, HEREBY RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:
1. The City Council hereby specifically finds that all of the facts set forth in Recitals, Part A, of this Resolution are true and correct and incorporated herein by this reference.
2. Based upon substantial evidence presented to this City Council during the public hearing conducted with regard to the Application, including written staff reports, verbal testimony, and evidence in the City’s record for the project, this City Council hereby specifically finds as follows:
a. The Zone Change from R-1 Single Family Residential to R-1/RO-C3 (/Residential Overlay-Commercial Residential) is intended to encourage the highest and best use for the subject property and is determined to be in the best interests and welfare of the City and its residents.
b. The property listed is currently a four (4) acre site developed as an industrial/manufacturing use located at 13201 Ramona Boulevard.
The Single Family Residential/Residential Overlay-Commercial Residential, R-1/RO-C-3 design standards will allow housing density
CC Resolution No. 2025-82-3670
Zone Change No. 07-2025
standards of 20 units per acre with a minimum lot size of 10,000 square feet.
c. The Zone Change will not be detrimental to the public interest, health safety, convenience, or welfare of the City. The purpose of the Zone Change is to properly rezone existing parcels in support of the 2021- 2029 General Plan Housing Element Update which includes an inventory of sites within the City that would be suitable for accommodating the housing identified in the Regional Housing Needs Assessment (RHNA). While the Housing Element does not propose the development of housing on any specific site, it does identify locations and policies that would support future housing development. 13201 Ramona Boulevard is included as one of the identified sites that would support future housing development, and the map shall be updated to reflect the proposed change. d. The affected property is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the use would likely generate, to ensure that the use(s) will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.
3. On June 30, 2025, Senate Bill 131 (SB 131) became effective immediately and states that CEQA does not apply to rezoning actions that implement an adopted housing element. The City Council finds that pursuant to Public Resources Code Section 21080.085(a), CEQA does not apply to a rezoning that implements the schedule of actions contained in an approved housing element pursuant to subdivision (c) of Section 65583 of the Government Code.
4. Based upon substantial evidence and testimony received at public hearing and the findings and conclusions set forth hereinabove, the City Council adopts and approves Zone Change No. 07-2025 to change the Zoning Map as shown in attached “Attachment A”.
5. The Chief Deputy City Clerk shall certify the adoption of this Resolution, which shall become effective immediately.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Irwindale this 27th day of August, 2025.
CC Resolution No. 2025-82-3670
Zone Change No. 07-2025
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 was adopted at a regular meeting of the City Council of the City of Irwindale held on the 27th day of August 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Laura M. Nieto, MMC
Chief Deputy City Clerk
CC Resolution No. 2025-82-3670
Zone Change No. 07-2025
Attachment “A”
Site #3
CC Resolution No. 2025-83-3671
Zone Change No. 08-2025
Attachment “J”
RESOLUTION NO. 2025-83-3671
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING ZONE CHANGE NO. 08-2025 AND MODIFYING THE CITY OF IRWINDALE ZONING MAP TO REZONE ONE (1) ACRE OF THE GOLD LINE/IRWINDALE BUSINESS
CENTER NORTH (FORMERLY KNOWN AS RELIANCE II) SITE FROM SP (RELIANCE II SPECIFIC PLAN ZONE) TO SP/RO-C-3 (SPECIFIC
PLAN/RESIDENTIAL OVERLAY-COMMERCIAL RESIDENTIAL) ZONE LOCATED AT 15990 FOOTHILL BOULEVARD (APN 8604-019-001, APN 8604-019-003, APN 8604- 019-010); AND FIND THAT THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) DOES NOT APPLY TO A REZONING THAT IMPLEMENTS THE
SCHEDULE OF ACTIONS CONTAINED IN AN APPROVED HOUSING ELEMENT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.085
A. RECITALS.
(i) The City of Irwindale, 5050 Irwindale Avenue, Irwindale, CA 91706, acting as the Applicant, has initiated the request for a Zone Change (Zone Change No. 08-2025) to amend the City’s Zoning Map and make appropriate changes to support the highest and best use and modify the Zoning Map to reflect the updated zoning designations at the above referenced property; and
(ii) Chapter 17.35 (Amendments to the General Plan, General Plan Map, Zoning Code and Zoning Map) of the Irwindale Municipal Code allows for changes to the classification of property whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the General Plan; and
(iii) The Planning Commission has considered proposed Zone Change No. 08- 2025, an amendment to the Zoning Map designation for one (1) acre of land located at the above referenced location; and
(iv) On June 30, 2025, Senate Bill 131 (SB 131) became effective immediately which states that CEQA does not apply to rezoning actions that implement an adopted housing element; and
(v) On July 10, 2025, the property owners within 500 feet of the subject property were notified by mail of the Planning Commission hearing on the proposed Zone Change. The public notice was posted in the four (4) designated public places (City Hall, Community Development Department, Library, and Post Office) on July 10, 2025 and was also published in the newspaper on July 10, 2025. This timing met the minimum public notification requirement of 20 days prior to the meeting; and
CC Resolution No. 2025-83-3671
Zone Change No. 08-2025
(vi) On July 30, 2025, the Planning Commission conducted a duly noticed public hearing on the Zone Change at which time it received input from Staff and the City Attorney’s Office, heard public testimony, and discussed the Proposed Project; and closed the public hearing; and
(vii) On July 30, 2025 the Planning Commission adopted Resolution No. 860(25), recommending that the City Council approve the proposed Zone Change to rezone the above referenced property; and
(viii) On August 14, 2025, the property owners within 500 feet of the subject property were notified by mail of the City Council’s public hearing. The public notice was posted in the four (4) designated public places (City Hall, Community Development Department, Library, and Post Office) on August 14, 2025 and was also published in the newspaper on August 14, 2025.
This timing met the minimum public notification requirement of 10 days prior to the meeting; and
(ix) On August 27, 2025, the City Council conducted a duly noticed public hearing, as required by law, on the Application, and approve the Zone Change, subject to the approval of a Resolution, which details the specific conditions under which the application is approved; and (x) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, HEREBY RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:
1. The City Council hereby specifically finds that all of the facts set forth in Recitals, Part A, of this Resolution are true and correct and incorporated herein by this reference.
2. Based upon substantial evidence presented to this City Council during the public hearing conducted with regard to the Application, including written staff reports, verbal testimony, and evidence in the City’s record for the project, this City Council hereby specifically finds as follows:
a. The Zone Change from SP (Reliance II Specific Plan) to SP/RO-C3 (Specific Plan/Residential Overlay-Commercial Residential) is intended to encourage the highest and best use for the subject property and is determined to be in the best interests and welfare of the City and its residents.
b. The one (1) acre portion of the site listed has not been developed and is located at 15990 Foothill Boulevard. The Specific
CC Resolution No. 2025-83-3671
Zone Change No. 08-2025
Plan/Residential Overlay-Commercial Residential, SP/RO-C-3 design standards will allow housing density standards of 20 units per acre with a minimum lot size of 10,000 square feet.
c. The Zone Change will not be detrimental to the public interest, health safety, convenience, or welfare of the City. The purpose of the Zone Change is to properly rezone existing parcels in support of the 2021- 2029 General Plan Housing Element Update which includes an inventory of sites within the City that would be suitable for accommodating the housing identified in the Regional Housing Needs Assessment (RHNA). While the Housing Element does not propose the development of housing on any specific site, it does identify locations and policies that would support future housing development. 15990 Foothill Boulevard is included as one of the identified sites that would support future housing development, and the map will be updated to reflect the proposed change. d. The affected property is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the use would likely generate, to ensure that the use(s) will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.
3. On June 30, 2025, Senate Bill 131 (SB 131) became effective immediately and states that CEQA does not apply to rezoning actions that implement an adopted housing element. The City Council finds that pursuant to Public Resources Code Section 21080.085(a), CEQA does not apply to a rezoning that implements the schedule of actions contained in an approved housing element pursuant to subdivision (c) of Section 65583 of the Government Code.
4. Based upon substantial evidence and testimony received at public hearing and the findings and conclusions set forth hereinabove, the City Council adopts and approves Zone Change No. 08-2025 to change the Zoning Map as shown in attached “Attachment A”.
5. The Chief Deputy City Clerk shall certify the adoption of this Resolution, which shall become effective immediately.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Irwindale this 27th day of August, 2025.
CC Resolution No. 2025-83-3671
Zone Change No. 08-2025
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 was adopted at a regular meeting of the City Council of the City of Irwindale held on the 27th day of August 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Laura M. Nieto, MMC
Chief Deputy City Clerk
CC Resolution No. 2025-83-3671
Zone Change No. 08-2025
Attachment “A”
Site #4
CC Resolution No. 2025-84-3672
Zone Change No. 09-2025
Attachment “K”
RESOLUTION NO. 2025-84-3672
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING ZONE CHANGE NO. 09-2025 AND MODIFYING THE CITY OF IRWINDALE ZONING MAP TO REZONE TWO (2) ACRES OF IRWINDALE AVENUE/AVENIDA PADILLA FROM M-2 (HEAVY INDUSTRIAL ZONE) TO ONE (1) ACRE AS M-2/RO-C-3 (HEAVY
INDUSTRIAL/RESIDENTIAL OVERLAY-COMMERCIAL/RESIDENTIAL) ZONE LOCATED AND ONE (1) ACRE AS M-2/RO-R-2 (HEAVY INDUSTRIAL/RESIDENTIAL OVERLAY-MEDIUM DENSITY RESIDENTIAL) 16009 AVENIDA PADILLA (APN 8615- 001-072), 16103 AVENIDA PADILLA (APN 8615-001-047), 16117 AVENIDA PADILLA (APN 8615-001-063), 16135 AVENIDA PADILLA (APN 8615-001-049), 16147 AVENIDA PADILLA (APN 8615-001-050), 6370 N. IRWINDALE AVENUE (APN 8615- 021-005), 16006 AVENIDA PADILLA (APN 8615-021-012), 6364 N. IRWINDALE AVENUE (APN 8615-021-006), 6360 N. IRWINDALE AVENUE (APN 8615-021-007), 6356 N. IRWINDALE AVENUE (APN 8615-021-008), 16016 AVENIDA PADILLA (APN 8615-021-017), 16120 AVENIDA PADILLA (APN 8615-021-018), 16015 ADELANTE STREET (APN 8615-021-013), 16019 ADELANTE STREET (APN 8615-021-011), 16021 ADELANTE STREET (APN 8615-021-015); AND FIND THAT THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) DOES NOT APPLY TO A REZONING
THAT IMPLEMENTS THE SCHEDULE OF ACTIONS CONTAINED IN AN APPROVED
HOUSING ELEMENT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.085
A. RECITALS.
(i) The City of Irwindale, 5050 Irwindale Avenue, Irwindale, CA 91706, acting as the Applicant, has initiated the request for a Zone Change (Zone Change No. 09-2025) to amend the City’s Zoning Map and make appropriate changes to support the highest and best use and modify the Zoning Map to reflect the updated zoning designations at the above referenced property; and
(ii) Chapter 17.35 (Amendments to the General Plan, General Plan Map, Zoning Code and Zoning Map) of the Irwindale Municipal Code allows for changes to the classification of property whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the General Plan; and
(iii) The Planning Commission has considered proposed Zone Change No. 09- 2025, an amendment to the Zoning Map designation for two (2) acres of land located at the above referenced location. One (1) acre as R-2 zoning and one (1) acre as M-2/RO C-3; and
CC Resolution No. 2025-84-3672
Zone Change No. 09-2025
(iv) On June 30, 2025, Senate Bill 131 (SB 131) became effective immediately which states that CEQA does not apply to rezoning actions that implement an adopted housing element; and
(v) On July 10, 2025, the property owners within 500 feet of the subject property were notified by mail of the Planning Commission hearing on the proposed Zone Change. The public notice was posted in the four (4) designated public places (City Hall, Community Development Department, Library, and Post Office) on July 10, 2025 and was also published in the newspaper on July 10, 2025. This timing met the minimum public notification requirement of 20 days prior to the meeting; and
(vi) On July 30, 2025, the Planning Commission conducted a duly noticed public hearing on the Zone Change at which time it received input from Staff and the City Attorney’s Office, heard public testimony, and discussed the Proposed Project; and closed the public hearing; and
(vii) On July 30, 2025 the Planning Commission adopted Resolution No. 861(25), recommending that the City Council approve the proposed Zone Change to rezone the above referenced property; and
(viii) On August 14, 2025, the property owners within 500 feet of the subject property were notified by mail of the City Council’s public hearing. The public notice was posted in the four (4) designated public places (City Hall, Community Development Department, Library, and Post Office) on August 14, 2025 and was also published in the newspaper on August 14, 2025.
This timing met the minimum public notification requirement of 10 days prior to the meeting; and
(ix) On August 27, 2025, the City Council conducted a duly noticed public hearing, as required by law, on the Application, and approve the Zone Change, subject to the approval of a Resolution, which details the specific conditions under which the application is approved; and (x) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, HEREBY RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:
1. The City Council hereby specifically finds that all of the facts set forth in Recitals, Part A, of this Resolution are true and correct and incorporated herein by this reference.
CC Resolution No. 2025-84-3672
Zone Change No. 09-2025
2. Based upon substantial evidence presented to this City Council during the public hearing conducted with regard to the Application, including written staff reports, verbal testimony, and evidence in the City’s record for the project, this City Council hereby specifically finds as follows:
a. The Zone Change from M-2 (Heavy Industrial) to M-2/RO-C-3 (Heavy Industrial/Residential Overlay-Commercial Residential) and M-2/RO-R-2 (Heavy Industrial/Residential Ovelay-Medium Density Residential) is intended to encourage the highest and best use for the subject property and is determined to be in the best interests and welfare of the City and its residents.
b. The two (1) acre portions of the parcels listed have been developed as Heavy Industrial and are located at Irwindale Avenue and Avenida Padilla. One of the one acre sites will be zoned as Heavy Industrial/Residential Overlay-Commercial/Residential, M-2/RO-C-3 design standards which will allow housing density standards of 20 units per acre with a minimum lot size of 10,000 square feet and the other one acre site will be zoned as Heavy Industrial/Residential Overlay-Medium Density Residential, M-2/RO-R-2 design standards which will allow housing density standards of 14 units per acre with a minimum lot size of 6,000 square feet.
c. The Zone Change will not be detrimental to the public interest, health safety, convenience, or welfare of the City. The purpose of the Zone Change is to properly rezone existing parcels in support of the 2021- 2029 General Plan Housing Element Update which includes an inventory of sites within the City that would be suitable for accommodating the housing identified in the Regional Housing Needs Assessment (RHNA). While the Housing Element does not propose the development of housing on any specific site, it does identify locations and policies that would support future housing development. 15990 Foothill Boulevard is included as one of the identified sites that would support future housing development, and the map shalll be updated to reflect the proposed change. d. The affected property is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the use would likely generate, to ensure that the use(s) will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.
CC Resolution No. 2025-84-3672
Zone Change No. 09-2025
3. On June 30, 2025, Senate Bill 131 (SB 131) became effective immediately and states that CEQA does not apply to rezoning actions that implement an adopted housing element. The City Council finds that pursuant to Public Resources Code Section 21080.085(a), CEQA does not apply to a rezoning that implements the schedule of actions contained in an approved housing element pursuant to subdivision (c) of Section 65583 of the Government Code.
4. Based upon substantial evidence and testimony received at public hearing and the findings and conclusions set forth hereinabove, the City Council adopts and approves Zone Change No. 09-2025 to change the Zoning Map as shown in attached “Attachment A”.
5. The Chief Deputy City Clerk shall certify the adoption of this Resolution, which shall become effective immediately.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Irwindale this 27th day of August, 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 was adopted at a regular meeting of the City Council of the City of Irwindale held on the 27th day of August 2025, by the following vote:
CC Resolution No. 2025-84-3672
Zone Change No. 09-2025
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Laura M. Nieto, MMC
Chief Deputy City Clerk
CC Resolution No. 2025-84-3672
Zone Change No. 09-2025
Attachment “A”
Site # 5
Attachment “L”
https://www.irwindaleca.gov/DocumentCenter/View/
11742/PC-Staff-Report-and-Resolutions-07302025
Irwindale Housing Element and General Plan Update 1
CEQA Findings of Fact and
Statement of Overriding Considerations
CEQA FINDINGS OF FACT
AND STATEMENT OF OVERRIDING CONSIDERATIONS
REGARDING THE FINAL ENVIRONMENTAL IMPACT REPORT
FOR THE
IRWINDALE HOUSING ELEMENT and GENERAL PLAN UPDATE
STATE CLEARINGHOUSE NO. 2023120387
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 CEQA Guidelines Sections 15091 and 15093 and Public Resources Code (PRC) Section 21081. State CEQA Guidelines Section 15091 provides:
(a) No public agency shall approve or carry out a project for which an EIR has been certified that 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 that 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. (d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes that 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.
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(e) The public agency shall specify the location and custodian of the documents or other materials that 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.
PRC 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 Sections 15093, 15043(b); see also PRC Section 21081(b)). The California Supreme Court has stated, “[t]he wisdom of approving … any development project, a delicate task that 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).
When adopting a Statement 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.”
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(b) Where the lead agency approves a project that will result in the occurrence of significant effects that 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 Program Environmental Impact Report (Draft PEIR) and the Final Program Environmental Impact Report (Final PEIR) for the Irwindale Housing Element and General Plan Update, State Clearinghouse (SCH) No. 2023120387 (collectively, the PEIR), 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 programs in the Housing Element, Safety Element, and Environmental Justice Element (Project). This action includes the certification of the City of Irwindale Housing Element and General Plan Update Program Environmental Impact Report, SCH No. 2023120387.
A. FORMAT OF THE FINDINGS
These Findings have been organized into the following sections:
Section I provides an introduction.
Seciton 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.
Section III provides a summary of the environmental review process.
Section IV provides the resource areas that were determined to have no impact or be less than significant and therefore, scoped out of the PEIR.
Section V sets forth findings regarding potentially significant environmental impacts identified in the Draft PEIR that the City has determined can feasibly be mitigated to a less than significant level through the imposition of 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 This subsection provides an analysis of the nature and extent of potential Project impacts. These analyses address direct (or primary) effects of the Project as well as the indirect (or secondary) impacts, as necessary. This subsection also provides applicable proposed General Plan Goals and Policies that may reduce or eliminate Project impacts. In addition, this section sets forth
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findings regarding those potentially significant environmental impacts identified in the Draft PEIR that will or may result from the Project and which the City has determined cannot feasibly be mitigated to a less than significant level. This subsection provides feasible mitigation measures that will reduce or eliminate significant impacts identified in the analysis of Project impacts.
Section VI addresses the MMRP.
Section VII sets forth findings regarding alternatives to the Project.
Section VIII Sets forth the Statement of Overriding Considerations which discusses the economic, legal, social, technological, and other benefits of the 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 Project consists of the following documents and other evidence, at a minimum:
The NOP, NOA for the Draft PEIR, and all other public notices issued by the City in conjunction with the Project;
The Draft PEIR for the Project;
The Final PEIR for the Project;
All written comments submitted by agencies or members of the public during the public review comment period on the Draft PEIR;
All responses to written comments submitted by agencies or members of the public during the public review comment period on the Draft PEIR;
All documents, studies, EIRs, and other materials incorporated by reference in the Draft PEIR, and Final PEIR, including the MMRP;
All staff reports and related documents prepared by the City and written testimony or documents submitted by any person relevant to any findings or statement of overriding considerations adopted by the City pursuant to CEQA;
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; and
Any other relevant materials required to be in the record of proceedings by PRC Section 21167.6(e)
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C. CUSTODIAN AND LOCATION OF RECORDS
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, Community Development Department – Planning Division. This information is provided in compliance with PRC Section 21081.6(a)(2) and 14 California Code Regulations Section 15091(e).
II. PROJECT DESCRIPTION
Chapter 2, Project Description, in the Draft PEIR provides a detailed description of the Project that is evaluated in the Draft PEIR. The following is a summary of the Project. The City encompasses approximately 9.5 square miles and is located roughly 20 miles east of downtown Los Angeles within the San Gabriel Valley area in the County of Los Angeles. State law requires every city and county in California to have an adopted comprehensive long-range general plan with specific contents in order to provide a vision for the jurisdiction’s future and informs local decisions about land use and development. The City’s current General Plan was adopted in June 2008 and consists of six elements: Community Development Element, Housing Element, Infrastructure Element, Resource Management Element, Public Safety Element (also known as Safety Element as part of the Project), and Implementation Element.
California Government Code Section 65302(c) mandates that each city within California includes a Housing Element in its General Plan. The timing for jurisdictions to update their Housing Elements is based on the update schedule established for regional transportation plans (RTPs) prepared by federally designated metropolitan planning organizations. The Southern California Association of Governments (SCAG) is the federally designated metropolitan planning organization representing all jurisdictions in Los Angeles County, including Irwindale. Every 4 years, SCAG must update its Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). As a result, all member jurisdictions need to update their Housing Elements every 8 years. The SCAG Regional Council adopted the Connect SoCal 2024 plan in April 2024. For SCAG member jurisdictions, the 6th Cycle Housing Element planning period extends from 2021 to 2029. As part of Connect SoCal, SCAG assigns a number of housing units that the County of Los Angeles (County) is required to plan for in the 8-year Housing Element cycle. That number of residential units is called the Regional Housing Needs Allocation (RHNA), and it is broken down by income category, ensuring that all economic groups are accommodated. The County then assigns residential unit amounts to its jurisdictions based on a regional housing production target set by the California Department of Housing and Community Development (HCD). This assignment of residential units is referred to as each jurisdiction’s RHNA.
Housing Element: The overall purpose of the 2021–2029 Housing Element is to address the housing needs of all types of households and income levels for current and future Irwindale residents. State law requires that the City’s 2021–2029 Housing Element contain specific contents, including an inventory or list of housing sites at sufficient densities to accommodate a specific number of units at various levels of affordability assigned to the City by the County and SCAG. The Housing Element is required to identify and analyze existing and projected housing needs within the City and include statements of the City’s goals, policies, quantified objectives,
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and scheduled programs to preserve, improve, and develop housing. In adopting its Housing Element, each city must consider economic, environmental, and fiscal factors, as well as community goals as set forth in the General Plan, in compliance with California Government Code Section 65580 et seq. In compliance with Government Code Section 65580 et seq., the City is updating its Housing Element for the planning period of 2021–2029 (hereafter referred to as the 2021–2029 Housing Element or the updated Housing Element). The Revised Draft 2021–2029 Housing Element was provided for public review in November 2022 and has been revised in response to HCD’s comments. The Revised Draft Housing Element (April 2025) is provided on the City’s website at https://www.irwindaleca.gov/570/Housing-ElementGeneral-Plan-Update.
Consistent with Government Code Section 65302(c) and California Government Code Section 65580 et seq., the Draft 2021–2029 Housing Element provides a plan to accommodate the City’s RHNA allocation. HCD consults with regional council of governments to allocate the RHNA across each region of the state. SCAG represents all jurisdictions in Los Angeles County, including Irwindale.
For the 2021–2029 housing cycle, Los Angeles County has been assigned a RHNA of 812,060 housing units, with Irwindale receiving an allocation of 119 units. Draft PEIR Table ES-1, Adequate Sites Analysis Summary, shows how the Irwindale 2021–2029 RHNA is allocated across four income levels (Very Low, Low, Moderate, and Above Moderate), the remaining unmet RHNA from the 5th planning cycle, the target capacity (6th Cycle RHNA plus a 25 percent buffer), and the capacity identified on candidate rezone sites.
The proposed housing sites inventory includes five sites within the City (Draft PEIR Figure 2-6, Proposed Housing Sites Inventory), which include Site 1 – Allen Drive; Site 2 – 12881 Ramona Boulevard; Site 3 – 13201 Ramona Boulevard; Site 4 – Gold Line Reliance II; and Site 5 – Irwindale/Padilla. The Draft PEIR evaluates the realistic buildout of the five sites identified for residential development in the Housing Element, which could result in the future development of up to 279 units. The PEIR evaluates the future development (construction) and operation of the housing units that could be developed as a result of the Project. There are no specific projects proposed at this time.
Safety Element: The Safety Element is a state-mandated component of a General Plan and state law requires that it be updated as needed to address fire risk and climate adaptation and resiliency strategies (Government Code Sections 65302(g) and 65302.15). The updated Safety Element (previously named the Public Safety Element) identifies the potential risks to life and property resulting from naturally occurring hazards, such as earthquakes and floods, and man-made hazards, such as air pollution and contamination of water quality. In addition, the updated Safety Element identifies the appropriate public safety providers, such as law enforcement, emergency preparedness, and response teams necessary to handle the different types of safety hazards and risks.
Specifically, the updated Safety Element identifies locations within the City that may be inappropriate for certain land uses due to potential risks and hazards as well as areas where hazards are present but can be mitigated through special design and site planning measures.
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The updated Safety Element also considers the economic and social dislocation resulting from natural and human-made hazards, including long-term costs to the City, such as maintenance, liability exposure, and emergency services, where high hazards exist. To address these hazards and risks, the City has established goals, policies, and implementation actions to guide the City’s planning and decision-making processes for future projects within the City to ensure that various health and safety hazards are considered in planning the location, design, intensity, density, and type of land uses in a given area.
Environmental Justice Element: California Government Code Section 65302(h) requires jurisdictions to adopt an Environmental Justice (EJ) Element if it contains a defined “disadvantaged community.” The California Environmental Protection Agency (Cal EPA) defines a “disadvantaged community” as a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation (Health and Safety Code Section 39711). Adoption of an EJ Element can occur at any time but is required when the jurisdiction is adopting or revising two or more General Plan elements concurrently. Since the City is in the process of updating its General Plan Housing Element and Safety Element, the City is also required to adopt an EJ Element at this time.
Zone Ordinance Amendment: The proposed Zone Ordinance Amendment will amend Chapter 17.04 Residential Zoning Districts to add a section for Residential Overlay as a zone district. The base zoning district will remain, but the overlay will allow for residential development to meet the 6th Cycle RHNA requirements.
A. DISCRETIONARY ACTIONS AND APPROVALS
The Project requires the following discretionary actions and approvals from the City:
Certification of the City of Irwindale Housing Element and General Plan Update PEIR (SCH No. 2023120387)
Approval of General Plan Amendments for the Housing Element, Community Development Element, Safety Element, and Environmental Justice Element Approval of Zone Ordinance Amendment to add Residential Overlay to the Zoning Code Approval of Zone Changes to rezone the sites identified in the Housing Element Adoption of Findings of Fact and Statement of Overriding Considerations B. STATEMENT OF PROJECT OBJECTIVES
The purpose of the Project is to implement the policies and programs included in the 2021–2029 Housing Element (Housing Element), Safety Element, and EJ Element. The Project would replace the existing Housing and Safety Elements of the current General Plan and would add an EJ Element to the General Plan. The Zoning Code provides the mechanism to implement the City’s
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General Plan. The Project would also amend the zoning of the identified properties and the Municipal Code to allow the densities identified in the Housing Element Site Inventory.
The Project includes the following goals and objectives:
1. Facilitate new housing opportunities throughout the City in response to the state’s need for more affordable and market rate housing as well as develop housing solutions to meet the City’s 6th Cycle RHNA.
2. Meet the City’s housing needs by encouraging a variety of housing development affordable at all income levels, especially for extremely low- and very-low income households, including construction of Accessory Dwelling Units (ADUs), subdivision/lot split opportunity sites, and other housing choices on identified opportunity sites.
3. Reduce, remove, and/or streamline potential governmental constraints and barriers to housing development and promote equal housing opportunities for all people; incorporate best practices related to land use, racial equity, mobility, housing affordability, safety, environmental justice, community services, and healthy neighborhoods.
4. Affirmatively further fair housing to address special housing needs, primarily for seniors and people living with disabilities, promote fair housing choice, eliminate disparities in housing opportunities, and foster inclusive communities free from discrimination.
5. Embrace technology and innovative practices to create sustainable, energy efficient, and healthy communities and adaptable infrastructure systems.
6. Develop a Safety Element that meets all the requirements under Government Code Section 65302(g)(1) through (g)(9), and that reflects state and local regulations for specific hazards, with the intent of protecting people and key infrastructure from damage resulting from an environmental hazard.
7. Develop an Environmental Justice Element that meets all requirements under Government Code Sections 65302(h)(1) through 65302(h)(2), and that reflects state and local regulations for evaluating environmental hazards, pollution, health risks and social challenges in disadvantaged communities.
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 Project.
The City determined that an EIR would be required for the Irwindale Housing Element and General Plan Update Project and issued a Notice of Preparation (NOP) on December 14, 2023. The NOP was sent to all responsible agencies, trustee agencies, and the Governor’s Office of Land Use and Climate Innovation (LCI) and posted at the Los Angeles County
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Clerk-Recorder’s office and on the City’s website on December 14, 2023. The thirty (30)-day public review period extended from December 14, 2023, to January 13, 2024.
The City posted the NOP on the City’s Planning website along with information regarding the process for providing comments. During the public review period, four comment letters were received. Correspondence was received from the California Governor’s Office of Emergency Services (Cal OES), Department of Toxic Substances Control (DTSC), Native American Heritage Commission (NAHC), and the South Coast Air Quality Management District (SCAQMD):
The scope of the Draft PEIR was determined based on the City’s comments received in response to the NOP. Chapter 4 of the Draft PEIR describes the issues identified for analysis in the Draft PEIR.
The City of Irwindale prepared a Draft PEIR, which was made available for a forty-five (45)- day public review period beginning April 4, 2025, and ending on May 19, 2025. The complete Draft PEIR consisted of the analysis of the City of Irwindale Housing Element and General Plan Update and all referenced appendices. The Notice of Availability (NOA) for the Draft PEIR was sent to the last known name and address of all organizations and individuals who previously requested such notice in writing.
The NOA was also posted on the City’s website at
https://www.irwindaleca.gov/570/Housing-Element-General-Plan-Update, posted on the San Gabriel Tribune, and was made available for review at the City’s Community Development Department Planning Division at 16102 Arrow Highway, Irwindale’s City Hall at 5050 Irwindale Avenue, and at the Irwindale Public Library at 16053 Calle De Paseo.
The Notice of Completion (NOC) was submitted to the State Clearinghouse for distribution to public agencies on April 4, 2025.
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 PEIR at least 10 days prior to certifying the Final PEIR). During the Draft PEIR public review period, the City received two (2) comment letters on the Draft PEIR. These comment letters are included in Appendix A, Comment Letters, of the Final PEIR. All written comments received during the public review period of the Draft PEIR are presented, and responses are provided in Final PEIR Chapter 2, Response to Comments.
On June 30, 2025, California Governor Newsom signed Senate Bill 131 (SB 131) and Assembly Bill 130 (AB 130, two budget trailer bills that significantly modify the California Environmental Quality Act (CEQA). These bills were effective immediately. SB 131 exempts local governments from CEQA review for rezoning actions that implement an adopted housing element, so long as
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the rezoning complies with local planning and zoning laws. Under existing law, a decision to rezone certain land could trigger a CEQA review (or lawsuit). SB 131 eliminates CEQA review where the local government seeks to align a zoning designation with the locality’s approved housing element.
Per SB 131 and PRC Section 21080.085, while the rezoning to align with the City’s Housing Element is exempt from CEQA review and thus, the PEIR conclusions are not relevant for the rezoning. However, the PEIR evaluated the future development and operation of the housing units that could be developed as a result of the Project. The mitigation measures, which will reduce potentially significant impacts during the construction and operation of the future housing remain relevant and applicable to individual future housing development projects in the City IV. ENVIRONMENTAL ANALYSIS
As determined in the Initial Study, the Safety Element and EJ Element were determined to have no impact on the environment due to these elements being policy documents that do not include any physical development. The PEIR focuses on the Housing Element and the amendments and rezoning necessary to implement the Housing Element. Although there are no specific plans for development of the five housing sites at this time, the PEIR evaluates at a program-level the future development and operation of the units that could occur as a result of the Project.
A. IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT DURING THE
SCOPING PROCESS
Based on the Initial Study prepared for the Project and the scoping process (including review of NOP responses), the City determined, based upon the threshold criteria for significance, that the following issues would result in no impact or less than significant impacts and will not require further analysis in the Draft PEIR:
Aesthetics: Substantial adverse effect on a scenic vista; substantially damage scenic resources including, but not limited to, trees, rock outcroppings, and historic buildings with a State Scenic Highway; and create a new source of substantial light or glare that would adversely affect day or nighttime views in the area.
Agriculture and Forestry Resources: Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland) to a non-agriculture use or conflict with existing zoning for agricultural use; or a Williamson Act contract; conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production or result in the loss of forest land or conversion of forest land to non-forest use.
Geology/Soils: Directly or indirectly cause substantial adverse effects, including the risk of loss, injury, or death involving (i) rupture of a known earthquake fault, (ii) strong seismic ground shaking, (iii) seismic-related ground failure, including liquefaction, and (iv) landslides; substantial soil erosion or the loss of topsoil; be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project; be located on expansive soils creating substantial direct or indirect risks to life or property; and soils incapable of supporting use of septic tanks or alternative wastewater disposal systems.
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Hazards and Hazardous Materials: Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials; reasonably foreseeable upset and accident conditions involving the release of hazardous materials; emit hazardous emissions or handle hazardous or acutely hazardous materials within one-quarter mile of an existing or proposed school; be located on a site listed compiled pursuant to Government Code Section 65962.5; be located within an airport land use plan, or within two miles of a public airport or public use airport that would result in safety hazards or excessive noise for people residing or working in the area; impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan; or expose people or structure, directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires.
Hydrology and Water Quality: Violate any water quality standards of water discharge requirements or otherwise degrade surface or ground water quality; decrease groundwater supplies or interfere substantially with groundwater recharge that may impede sustainable groundwater management of the basin; alter the existing drainage pattern of the site or area, including through the alternation of the course of a stream or river, or through the addition of impervious services, in a manner that would: result in a substantial erosion or siltation on- or off-site; increase the rate or amount of surface runoff that would result in flooding on- or offsite; create or contribute to runoff water that would exceed the capacity of existing or planning stormwater drainage systems or provide additional sources of polluted runoff; or impede or reduced flood flows; in a flood hazard, tsunami, or seiche zones, release pollutants due to project inundation; or conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan.
Mineral Resources: Result in the loss of availability of a known mineral resource that would be a value; or result in the loss of availability of a locally important mineral resource site delineated on a local general plan, specific plan or other land use plan.
Recreation: Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated; or include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment.
Wildfire: Substantially impact an adopted emergency response plan or emergency evacuation plan; due to slope, prevailing winds, and other actors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire; require the installation or maintenance of associated infrastructure (roads, fuel breaks, emergency water sources, power lines or other utilities), that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment; or expose people or structures to a significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire instability, or drainage changes.
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B. IMPACTS DETERMINED AS LESS THAN SIGNIFICANT IN THE EIR This section identifies resource areas evaluated in the Draft PEIR in which the analysis concludes that impacts of the Project would be less than significant without implementation of project-specific mitigation measures.
Aesthetics - Impact AES-1 and Impact AES-2: In nonurbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings, or in urban areas, conflict with applicable zoning and other regulations governing scenic quality (refer to Draft PEIR Section 4.1, Aesthetics, for a detailed discussion).
Air Quality - Impact AQ-4: Result in other emissions (such as odors) adversely affecting a substantial number of people (refer to Draft PEIR Section 4.2, Air Quality, for a detailed discussion).
Biological Resources - Impact BIO-2: Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildfire (CDFW) or U.S. Fish and Wildfire Service (USFWS) (refer to Draft PEIR Section 4.3, Biological Resources, for a detailed discussion).
Cultural Resources - Impact CUL-3: Disturb any human remains, including those interred outside of dedicated cemeteries (refer to Draft PEIR Section 4.4, Cultural Resources, for a detailed discussion).
Energy - Impact ENG-1 and Impact ENG-2: Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation; or conflict with or obstruction a state or local plan for renewable energy or energy efficiency (refer to Draft PEIR Section 4.5, Energy, for a detailed discussion).
Greenhouse Gas Emissions - Impact GHG-1 and Impact GHG-2: Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment; or conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases (refer to Draft PEIR Section 4.7, Greenhouse Gas Emissions, for a detailed discussion).
Land Use and Planning - Impact LU-2: Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environment effect (refer to Draft PEIR Section 4.8, Land Use and Planning, for a detailed discussion).
Noise - Impact NOI-1 (operation), Impact NOI-2 (operation), and Impact NOI-3: Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in exceed of standards established in the local general plan or noise ordinance,
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or applicable standards of other agencies (operation only); generate excessive groundborne vibration or groundborne noise levels (operation only); or expose people residing or working in the project area to excessive noise levels generated by aircraft (refer to Draft PEIR Section 4.9, Noise, for a detailed discussion).
Population and Housing - Impact POP-1 and Impact POP-2: Induce substantial unplanned population growth in an area, either directly or directly; or displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere (refer to Draft PEIR Section 4.10, Population and Housing, for a detailed discussion).
Public Services - Impact PS-1, Impact PS-2, Impact PS-3, Impact PS-4, and Impact PS-5:
Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times, or other performance objectives for fire protection, police protection, schools, parks, or other public facilities (refer to Draft PEIR Section 4.11, Public Services, for a detailed discussion).
Transportation - Impact TRA-1, Impact TRA-3, and Impact TRA-4: Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities; increase hazards due to a geometric design feature or incompatible uses; or result in inadequate emergency access (refer to Draft PEIR Section 4.12, Transportation, for a detailed discussion).
Utilities and Service Systems - Impact UTL-1, Impact UTL-2, Impact UTL-3, Impact UTL4, and Impact UTL-5: Require or result in the relocation or construction or new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunication facilities, the construction of which could cause significant environmental effects; have sufficient water supplies available to serve the project and reasonably foreseeable future development during the normal, dry, and multiple dry years, result in adequate waste water treatment capacity to serve the project’s projected demand in addition to the providers existing commitments; generate solid waste in exceed for state or local standards, or in exceed of the capacity of local infrastructures, or other impact the attainment of solid waste reduction goals; or comply with federal, state, and local management and reduction statutes and regulations related to solid waste (refer to Draft PEIR Section 4.14, Utilities and Service Systems, for a detailed discussion).
V. FINDINGS REGARDING POTENTIALLY SIGNIFICANT ENVIRONMENTAL IMPACTS The following potentially significant environmental impacts were analyzed in the Draft PEIR, 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
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Section 15091(a) (1)—that “Changes or alterations have been required in, or incorporated into, the project that 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 Project that, without mitigation, would result in significant adverse impacts. Upon implementation of the mitigation measures provided in the PEIR, these impacts would be reduced to less than significant.
1. Biological Resources
Impact BIO-1: The Project could have a substantial adverse effect, either directly, indirectly, or through habitat modifications, on a species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by CDFW or USFWS.
While the five identified Housing Sites lack suitable habitat for special-status plant species, three special-status wildlife species—Crotch’s bumble bee, American bumble bee, and burrowing owl—have a moderate potential to occur at these locations. Housing Sites 2, 3, and 5 are currently developed and do not provide habitat for these species. However, the vacant and disturbed conditions of Housing Sites 1 and 4 suggest they could support American bumble bee and burrowing owl, with Housing Site 4 potentially accommodating Crotch’s bumble bee. Future development may lead to impacts on wildlife through direct mortality and habitat removal, alongside indirect consequences stemming from increased traffic, noise, human presence, and pollution. Additionally, Housing Site 4 is adjacent to designated critical habitat for the southwestern willow flycatcher. The suitable riparian vegetation, which contains the primary constituent elements (PCEs) for the southwestern willow flycatcher, lies approximately 1,200 to 1,400 feet from Housing Site 4. Hence, the proposed residential development would not affect
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critical habitat containing PCEs. Any future discretionary projects resulting from the Project will undergo comprehensive site-specific reviews and CEQA analyses to identify and mitigate potential significant impacts on special-status species and their habitats. With implementation of the following mitigation measures, impacts will be less than significant.
Mitigation Measures
MM BIO-1: Special-Status Bees. Prior to approval of individual projects on Housing Site 1 or 4 that are subject to CEQA review (i.e., non-exempt projects) and may impact potentially suitable habitat for Crotch’s bumble bee and/or American bumble bee, the City shall require a habitat assessment to be completed by a qualified biologist(s) with demonstrated knowledge of the requirements of Crotch’s bumble bee. If no suitable habitat for these species is identified within 300 feet of construction and/or maintenance activities, no further measures shall be required in association with the project.
For individual projects on identified Housing Site 1 or 4 where a qualified biologist has evaluated the property and found suitable foraging or nesting habitat for Crotch’s bumble bee or American bumble bee within 300 feet of construction and/or maintenance activities, the project applicant shall retain a qualified entomologist with the appropriate take authorization to conduct surveys to determine presence/absence in accordance with the applicable protocols established by the USFWS and/or CDFW at the time of site development.
Per the current CDFW requirements, set forth in the Survey Considerations for California Endangered Species Act Candidate Bumble Bee Species, surveys should be conducted within one year prior to vegetation removal and/or grading throughout the entire project site by a qualified entomologist familiar with the species’ behavior and life history. A minimum of three surveys should be conducted during peak flying season when the species is most likely to be detected above ground, between April 1 to August 31 for Crotch’s bumble bee and between June 1 to October 31 for American bumble bee. The qualified entomologist should utilize a non-lethal survey methodology and obtain appropriate photo vouchers for species confirmation. During the surveys, the entomologist should flag inactive small mammal burrows and other potential nest sites to reduce the risk of take.
Survey results, including negative findings, should be submitted to CDFW prior to obtaining appropriate permits. At minimum, a survey report should provide the following:
Qualifications/resumes of surveyor(s) for qualified entomologist(s) and, if applicable, approved biologists for identification of photo vouchers.
A description of location and map of the survey area, focusing on areas that could provide suitable habitat for bee species.
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Field survey conditions that should include name(s) of qualified entomologist(s); date and time of survey; temperature, wind speed.
Detailed habitat assessment including percent cover of floral resources and potential nesting and overwintering habitat.
Number of surveyors per acre, number of acres surveyed, amount of time of focused surveys.
List of bee species observed.
Foraging habitat surveys: host plant inventory list.
Nesting habitat surveys: type of nest/structure surveyed and if bees were found in them, number of nests found in project site, photo log of suitable habitat and plants.
Photo vouchers of bumble bees for identification and confirmation that photo vouchers were submitted and identified, if applicable.
If Crotch’s bumble bee or American bumble bee is detected, the qualified entomologist should identify the location of all nests within and adjacent to the project site. A 15-meter no-disturbance buffer zone should be established around any identified nest(s) to reduce the risk of disturbance or accidental take. A qualified entomologist should expand the buffer zone as necessary to prevent disturbance or take.
If Crotch’s bumble bee is detected and impacts to this species cannot be feasibly avoided, project applicants shall consult with CDFW and obtain appropriate take authorization from CDFW (pursuant to Fish and Game Code Section 2080 et seq).
Appropriate authorization from CDFW under the California Endangered Species Act (CESA) may include an Incidental Take Permit (ITP) or a Consistency Determination in certain circumstances, among other options [Fish and Game Code Sections 2080.1, 2081(b) and (c)]. Early consultation is encouraged, as significant modification to the project and mitigation measures may be required to obtain an ITP.
American bumble bee has declined by as much as 89 percent in terms of this species’ relative abundance in the United States. Therefore, the Center for Biological Diversity and Bombus Pollinators Association of Law Students have submitted a Petition to List the American Bumble Bee Bombus Pensylvanicus as an Endangered Species Under the U.S. Endangered Species Act. If this petition is accepted, American bumble bee may become a Candidate for listing under the Federal Endangered Species Act (FESA). If American bumble bee is detected and the species is listed or identified as a candidate for listing under FESA, then project applicants would be required to consult with USFWS to obtain appropriate take authorization.
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Any floral resource associated with Crotch’s bumble bee or American bumble bee that will be removed or damaged by individual projects should be replaced at no less than 1:1. Floral resources should be replaced as close to their original location as is feasible. If active bumble bee nests have been identified and floral resources cannot be replaced within 200 meters of their original location, floral resources should be planted in the most centrally available location relative to identified nests. This location should be no more than 1.5 kilometers from any identified nest.
Replaced floral resources may be split into multiple patches to meet distance requirements for multiple nests. These floral resources should be maintained in perpetuity and should be replanted and managed as needed to ensure the habitat is preserved.
MM BIO-2: Burrowing Owl. Prior to approval of individual projects on Housing Site 1 or 4 that are subject to CEQA review (i.e., non-exempt projects) and may impact potentially suitable habitat for burrowing owl, the City shall require a habitat assessment to be completed by a qualified biologist(s) with demonstrated knowledge of the requirements of burrowing owl. If no suitable habitat for these species is identified within 500 meters of construction and/or maintenance activities, no further measures shall be required in association with the project.
For individual projects on identified Housing Sites 1 and 4 where a qualified biologist has evaluated the property and found suitable nesting habitat for burrowing owl within 500 meters of construction and/or maintenance activities, the project applicant shall retain a qualified biologist to conduct surveys to determine presence/absence. Surveys should be conducted within one year prior to commencement of construction activities, in accordance with the applicable protocols established by the USFWS and/or CDFW at the time of site development.
Per the current CDFW requirements set forth in the Staff Report on Burrowing Owl Mitigation, a minimum of four focused surveys for burrowing owl in accordance with the Staff Report protocol shall be conducted in areas that contain suitable habitat for the species that would be directly impacted by construction of the Proposed Project.
If burrowing owl is detected, the qualified biologist shall establish avoidance and minimization measures that shall be approved by CDFW prior to commencement of construction activities. Avoidance and minimization measures may include:
Avoiding construction during the nesting period (February 1–August 31).
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Establishing buffers around nesting sites in accordance with the recommended buffer distances included in the Staff Report on Burrowing Owl Mitigation, as shown below:
Table 4.3-3
Burrowing Owl Nesting Sites Recommended Buffers
Time of Year
Level of Disturbance
Low Medium High
April 1–August 15 200 meter 500 meters 500 meters
August 16–October 15 200 meters 200 meters 500 meters
October 16–March 31 50 meters 100 meters 500 meters
Ongoing monitoring to ensure that burrowing owls have not colonized/recolonized the site during construction.
If burrowing owls are detected during protocol surveys, preparation of a Burrow Exclusion Plan by a qualified biologist. The Burrow Exclusion Plan shall meet the requirements specified in Appendix E of the Staff Report on Burrowing Owl Mitigation and shall be approved by CDFW.
Conservation of mitigation lands to offset the impact to burrowing owl and its habitat. The conservation of mitigation lands shall be determined through consultation with CDFW depending on the ownership of the occupied land, which shall be established and approved prior to commencement of construction activities.
If burrowing owl is detected onsite and impacts to this species from future projects on Housing Site 1 and/or Housing Site 4 cannot be feasibly avoided, project applicants shall consult with CDFW and obtain appropriate take authorization from CDFW (pursuant to Fish and Game Code Section 2080 et seq). Appropriate authorization from CDFW under CESA may include an Incidental Take Permit (ITP) or a Consistency Determination in certain circumstances, among other options (Fish and Game Code Sections 2080.1, 2081(b) and (c)). Early consultation is encouraged, as significant modification to the project and mitigation measures may be required to obtain an ITP.
MM BIO-3: Nesting Bird Surveys. Adequate measures shall be taken to avoid inadvertent take of raptor nests and other nesting birds protected under the Migratory Bird Treaty Act (MBTA) when in active use. This shall be accomplished by taking the following steps prior to demolition, site preparation (including clearing of vegetation), and construction work associated with future residential projects that occur as a result of the proposed Project.
All vegetation clearing for construction and fuel modification for future projects on the five identified Housing Sites shall occur outside of the breeding season (February 1 through August 31), if feasible, to ensure that no active nests would
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be disturbed unless clearing and/or grading activities cannot be avoided during that time period.
If construction is proposed during the nesting season (February 1 to August 31), a pre-construction survey for nesting raptors and other migratory birds shall be conducted by a qualified biologist within 7 days prior to the onset of vegetation removal or construction to identify any active nests on the Project site and in the vicinity of proposed construction. Surveys shall be performed for the project area and vehicle and equipment staging areas, and suitable habitat within 150 feet of these areas, to locate any active passerine (e.g., songbird) nests and within 250 feet to locate any active raptor (e.g., bird of prey) nests.
If no active nests are identified during the survey period, or if construction activities are initiated during the non-breeding season (September 1 to January 31), construction may proceed with no restrictions.
If active nests are detected, the area shall be flagged along with a 300-foot buffer for song birds and a 500-foot buffer for raptors (or otherwise appropriate buffer as determined by the surveying biologist) and shall be avoided until the nesting cycle is complete or it is determined by the surveying biologist that the nest is no longer active. As necessary, the no-disturbance zone shall be fenced with temporary orange construction fencing if construction is to be initiated on the remainder of the development site.
Any birds that begin nesting within the project area and survey buffers amid construction activities shall be assumed to be habituated to construction-related or similar noise and disturbance levels and no-disturbance zones shall not be established around active nests in these cases; however, should birds nesting within the project area and survey buffers amid construction activities begin to show disturbance associated with construction activities, no-disturbance buffers shall be established as determined by the qualified wildlife biologist.
Any work that must occur within established no-disturbance buffers around active nests shall be monitored by a qualified biologist. If adverse effects in response to project work within the buffer are observed and could compromise the nest’s success, work within the no-disturbance buffer shall halt until the nest occupants have fledged.
A pre-construction survey report of findings shall be prepared by the qualified biologist and submitted to the Director of Planning, Building and Code Enforcement, or the Director’s designee for review and approval prior to initiation of construction within the no-disturbance zone during the nesting season. The report shall either confirm absence of any active nests or shall confirm that any young within a designated no-disturbance zone and construction can proceed.
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Finding: The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. 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.
Impact BIO-3: Implementation of the Project could have a substantial adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means.
Housing Sites 1, 2, 3, and 5 have been evaluated and found to lack natural or man-made surface drainage features as well as riparian or wetland habitats as identified by the National Wetlands Inventory.
However, aerial imagery analysis of Housing Site 4 reveals that, despite its relatively level terrain,
16.4 acres have been classified as freshwater pond habitat by the National Wetlands Inventory.
Consequently, future development activities on Housing Site 4 pose a potential risk to federally protected wetlands. With implementation of Mitigation Measure MM BIO-4 impacts will be reduced to less than significant.
Mitigation Measure
MM BIO-4: Aquatic Resources. Prior to approval of individual projects on Housing Site 4), the City shall require a site assessment to be performed by a qualified biologist to determine whether potentially jurisdictional aquatic resources may be present onsite. The aquatic resources site assessment may be completed concurrently with habitat assessments for special-status bees and/or burrowing owl as required by MM BIO-1 and MM BIO-2.
If potentially jurisdictional aquatic resources are identified onsite, an aquatic resource delineation shall be conducted by a qualified biologist or regulatory specialist to identify and map the extent of state and federally protected aquatic resources in project design, consistent with the provisions of CWA Sections 404 and 401 and Fish and Game Code Section 1600, wherever practicable and feasible. Aquatic resources for avoidance shall be demarcated (e.g., using brightly colored flagging) and avoided during construction of future projects. The marked boundaries shall be maintained for the duration of the construction period and shall be clearly visible to personnel on foot as well as heavy equipment operators. If aquatic resources can be avoided, then no further mitigation shall be necessary.
If aquatic resources cannot be avoided by construction on Site 4, then the appropriate regulatory permits shall be obtained (e.g., CWA Section 404 Nationwide Permit from the USACE, CWA Section 401 Water Quality Certification or Porter-Cologne Act Waste Discharge Requirement permit from the RWQCB,
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and Streambed Alteration Agreement permit under California Fish and Game Code Section 1602 from the CDFW). The following measures shall be incorporated, at a minimum, into the permit, subject to approval by the regulatory agencies:
On- and/or off-site creation, restoration, and/or enhancement of USACE/RWQCB jurisdictional wetlands, waters of the U.S., and/or waters of the state at a ratio no less than 2:1 for permanent impacts. Off-site creation, restoration, and/or enhancement at a ratio no less than 2:1 may include the purchase of mitigation credits at an agency-approved off-site mitigation bank or in-lieu fee program. For temporary impacts, restore impact area to preProject conditions (i.e., pre-Project contours and revegetate with native species, where appropriate).
On- and/or off-site creation, restoration, and/or enhancement of CDFW jurisdictional streambed and associated riparian habitat at a ratio no less than 2:1 for permanent impacts. Off-site creation, restoration, and/or enhancement at a ratio no less than 2:1 may include the purchase of mitigation credits at an agency-approved off-site mitigation bank or in-lieu fee program. For temporary impacts, restore impact area to pre-project conditions (i.e., pre-Project contours and revegetate with native species, where appropriate).
Finding: The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. 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 CUL-2: The Project could cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section 15064.5. Impacts would be less than significant.
The cultural resources records search identified a total of 91 cultural resource studies conducted within a one-half mile radius of the Housing Sites, with 42 studies occurring within the Project Area. Additionally, 27 cultural resources have been recorded in that vicinity, of which 15 are located within city limits, encompassing 4 historic archaeological sites and 11 historic architectural resources. The proposed future developments, particularly those involving construction-related ground disturbance activities such as grubbing, grading, and excavation, could significantly impact archaeological resources. Conversely, developments that do not involve ground disturbance are not expected to have any impact on these resources.
Given the positive findings from the NAHC Sacred Lands File search, which recommends consultation with the Gabrieleño Band of Mission Indians – Kizh Nation, the potential for encountering significant archaeological resources in the City is considered significant. Projects
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that identify such resources pursuant to CEQA Guidelines and the PRC should aim for preservation through avoidance or data recovery strategies. The City’s General Plan incorporates policies to protect archaeological and paleontological resources, requiring that all activities cease if significant finds are encountered during ground disturbance. With implementation of the following mitigation measures impacts will be reduced to less than significant.
Mitigation Measure
MM CUL-2: Prior to development of individual projects that are subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects) and involve ground disturbance, the project proponent shall retain a qualified archaeologist, defined as meeting the Secretary of the Interior’s Professional Qualification Standards for archaeology, to conduct an archaeological resources assessment including: a records search at the South Central Coastal Information Center; a Sacred Lands File search at the Native American Heritage Commission; a pedestrian field survey; recordation of all identified archaeological resources on California Department of Parks and Recreation 523 forms; an assessment of the project area’s archaeological sensitivity and the potential to encounter subsurface archaeological resources and human remains; subsurface investigation to define the horizontal and vertical extents of any identified archaeological resources; and preparation of a technical report documenting the methods and results of the study. All identified archaeological resources shall be assessed for the project’s potential to result in direct and/or indirect effects on those resources and any archaeological resource that cannot be avoided shall be evaluated for its potential significance prior to the City’s approval of project plans. The qualified archaeologist shall provide recommendations regarding protection of avoided resources and/or recommendations for additional work, treatment, or mitigation of significant resources that will be affected by the project.
Finding: The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. 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.
3. Geology and Soils
Impact GEO-6: The Project could directly or indirectly destroy a unique paleontological resource or site or unique geologic feature and impacts would be significant.
The Project poses a risk of significant impacts to unique paleontological resources or geologic features, particularly during construction activities that involve ground disturbance. The LACM has identified several vertebrate fossil localities nearby, yielding specimens from diverse taxa such as marine mammals, fish, and invertebrates, primarily from the Pleistocene Epoch and
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various geological formations. However, geological assessments suggest that shallow excavations (less than 20 feet below ground surface) within the Project boundary are unlikely to disturb fossiliferous bedrock. However, deep excavations may intersect older strata, which could harbor significant paleontological resources.
Future development that could occur as a result of the Project, particularly those involving infill or redevelopment, could unintentionally damage these paleontological resources if not adequately managed. Activities that do not disturb the ground or involve previously disturbed soils are less likely to impact significant resources. Nonetheless, projects requiring deep ground disturbance must adhere to state and local regulations under CEQA, which mandate environmental review to mitigate impacts. Implementing Mitigation Measures MM GEO-1 through MM GEO-3 will reduce impacts to less than significant.
Mitigation Measures
MM GEO-1: Paleontological Resources Assessment and Monitoring. For projects that involve ground disturbance, the project proponent shall retain a paleontologist who meets the Society of Vertebrate Paleontology’s definition for qualified professional paleontologist (Qualified Paleontologist) to prepare a paleontological resources assessment report prior to the start of construction activities. The report shall include methods and results of the paleontological resources assessment, monitoring requirements (including depths, frequency, and reporting), and maps that outline where monitoring is required. Monitoring shall follow SVP Guidelines:
no monitoring of ground-disturbing activities within units of Low Sensitivity or No Potential; monitoring of all ground-disturbing activities (with depths specified) in units of Low to High Significance; and at all depths within units of High Significance unless the Qualified Paleontologist’s report identifies previous disturbances or the use of construction methods that do not warrant monitoring; and monitoring at the initiation of excavation in units of Undetermined Significance. The report also shall stipulate whether screen washing is necessary to recover small specimens following SVP Guidelines and determine whether unique geologic features are present onsite. If monitoring is conducted, then the Qualified Paleontologist shall prepare a final report summarizing monitoring results and submit it to the project proponent and the City.
MM GEO-2: Paleontological Resources Sensitivity Training. Prior to the start of grounddisturbing activities for projects facilitated by the City with potentially significant impacts on paleontological resources, the Qualified Paleontologist or its designee shall conduct construction worker paleontological resources sensitivity training (or may be provided via digital recording) for all construction workers. Construction workers shall be informed on how to identify the types of paleontological resources that may be encountered, the proper procedures to be enacted in the event of an inadvertent discovery of paleontological resources, and safety precautions to be taken when working with paleontological monitors. The project proponent shall ensure that construction workers are made available for and attend the training.
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The project proponent shall retain documentation demonstrating attendance and provide it to the City.
MM GEO-3: Paleontological Discoveries. If a potential fossil is found, the paleontological monitor shall be allowed to temporarily divert or redirect grading and excavation activities in the area of the exposed fossil to facilitate evaluation of the discovery.
An appropriate buffer area determined by the paleontological monitor shall be established around the find where construction activities shall not be allowed to continue. Work shall be allowed to continue outside of the buffer area. At the monitor’s discretion, and to reduce any construction delay, the grading/excavation contractor shall assist, where feasible, in removing rock/sediment samples for initial processing and evaluation. If a fossil is determined to be significant, the Qualified Paleontologist shall implement a paleontological salvage program to remove the resources from their location, following the guidelines of the SVP. Any fossils encountered and recovered shall be prepared to the point of identification, catalogued, and curated at a public, nonprofit institution with a research interest in the material and with retrievable storage, such as the Natural History Museum of Los Angeles County, if such an institution agrees to accept the fossils.
Accompanying notes, maps, and photographs shall also be filed at the repository.
If no institution accepts the fossil collection, it may be donated to a local school or other interested organization in the area for educational purposes.
If construction workers discover any potential fossils during construction while the paleontological monitor is not present, regardless of the depth of work or location, work at the discovery location shall cease in a 50-foot radius of the discovery until the Qualified Paleontologist has assessed the discovery and recommended and implemented appropriate treatment as described earlier in this measure.
Any salvage reports resulting from implementation of this measure shall be filed with the Natural History Museum of Los Angeles County.
Finding: The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. 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. Transportation
Impact TRA-2: The Project could have a significant vehicles miles traveled (VMT) impact and could be in conflict or inconsistent with CEQA Guidelines Section 15064.3(b).
The Transportation Assessment Report indicates a significant VMT impact occurs if the projectgenerated VMT per service population is 15% below the established baseline of 25.82 VMT per
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capita, resulting in a threshold of 21.95 VMT per capita. While some housing sites may exceed this threshold, they can still be deemed less than significant if they meet specific screening criteria.
The assessment concludes that Sites 2 and 4 meeting the Project Type screening criterion, resulting in less than significant VMT impacts for these sites. In contrast, Sites 1, 3, and 5 satisfy the Transit Priority Area criterion but do not meet additional requirements due to the absence of concrete development proposals at this time, leading to potential significant VMT impacts.
Implementation of Mitigation Measure MM TRA-1 will reduce impacts to less than significant.
Mitigation Measure
MM TRA-1: Prior to approval of individual projects on Housing Sites 1, 3, and 5 that are located within Transit Priority Areas, the Project Applicant shall demonstrate compliance with additional screening criteria identified within the City’s Guidelines. Each Project Applicant for projects within Housing Sites 1, 3, and 5 shall provide written evidence to the City of Irwindale Planning Division that none of the following criteria would be met:
Has a floor area ratio of less than 0.75
Includes more parking for use by residents, customers, or employees of the project than required by the jurisdiction
Is inconsistent with the applicable Sustainable Communities Strategy (as determined by the Lead Agency with input from the Metropolitan Planning Organization)
Replaces affordable residential units with a smaller number of moderate- or high-income residential units
Finding: The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. 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.
5. Tribal Cultural Resources
Impact TCR-1: The Project could cause a substantial adverse change in the significance of a tribal cultural resource.
Development activities at the five housing sites could potentially damage or destroy cultural resources as defined by PRC Section 21074. In contrast, development that does not involve ground disturbances would not impact these resources.
The NAHC Sacred Lands File search indicated positive results, prompting the City to consult with nine Native American organizations as required by AB 52 and SB 18. The Gabrieleño Band of
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Mission Indians expressed support for the General Plan Amendment but later canceled a scheduled consultation call, stating further consultation was unnecessary since no ground disturbance would occur. Although no tribal cultural resources have been identified, future developments may uncover previously unknown resources, requiring compliance with the consultation provisions of SB 18 and AB 52. The implementation of Mitigation Measure MM CUL-2 will reduce potentially significant impacts on tribal cultural resources to less than significant.
Mitigation Measure
Refer to MM CUL-2 above.
Finding: The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. 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 significant and unavoidable impacts of the 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 AQ-1: The Project would result in a potentially significant impact related to a conflict with or obstructing implementation of the applicable air quality plan due to growth that could exceed demographic assumptions for the City of Irwindale.
The Project presents a potentially significant impact on air quality due to potential growth exceeding the demographic assumptions for the City of Irwindale, despite mitigation measures being in place. The SCAQMD recommends assessing whether the Project obstructs the Air Quality Management Plan (AQMP) and whether it aligns with the demographic and economic projections of the plan. The 2022 AQMP incorporates growth projections from the SCAG, establishing that only new or amended plans or projects require a consistency review. Key indicators for consistency include control strategies and growth projections.
The Air Basin is nonattainment for ozone (O3), particulate matter (PM10, PM2.5), and lead within Los Angeles County. The Project’s long-term growth could lead to emissions exceeding SCAQMD thresholds, necessitating compliance with California Air Resources Board (CARB) regulations, SCAQMD Rules 403 and 1113 for emissions control, and applicable fleet rules to minimize onroad emissions.
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The Project aims to accommodate the City’s RHNA but is projected to generate 279 new housing units, exceeding SCAG’s 2045 forecast by 193 households, thereby potentially conflicting with air quality plans and increasing emissions of ozone precursors and particulate matter. Although existing and proposed General Plan policies may mitigate some emissions, significant impacts are expected due to growth projections surpassing SCAG forecasts. However, while implementation of the following mitigation measures will reduce the severity of the effects, impacts will remain significant and unavoidable.
Mitigation Measures
Construction
MM AQ-1: Applicants for new development projects within the proposed housing sites that are subject to the CEQA review (i.e., non-exempt projects) and that exceed the SCAQMD significance thresholds during construction for emissions of NOX, CO, PM10 and/or PM2.5 shall require the construction contractor to use equipment that meets the US Environmental Protection Agency (USEPA) Tier 4 final emissions standards for off-road diesel-powered construction equipment with more than 50 horsepower, unless it can be demonstrated to the City of Irwindale Department of Building and Safety that such equipment is not available. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine, as defined by the CARB regulations.
Prior to construction, the Project engineer shall ensure that all plans for construction phases (e.g., demolition, grading) that would exceed the SCAQMD significance thresholds clearly show the requirement for EPA Tier 4 final or higher emissions standards for construction equipment over 50 horsepower. During construction, the construction contractor shall maintain a list of all operating equipment in use on the construction site for verification by the Department of Building and Safety. The construction equipment list shall state the makes, models, and numbers of construction equipment on-site. Equipment shall be properly serviced and maintained in accordance with the manufacturer’s recommendations.
Construction contractors shall also ensure that all nonessential idling of construction equipment is restricted to five minutes or less in compliance with California Code of Regulations Title 13, Article 4.8, Chapter 9, Section 2449.
MM AQ-2: Applicants for new development projects within the proposed housing sites that are subject to the CEQA review (i.e., non-exempt projects) and that exceed the SCAQMD significance thresholds during construction for emissions of volatile organic compounds (VOCs) as a result of VOC off-gassing emissions from architectural coatings and industrial maintenance coatings shall require the construction contractor to use SCAQMD Low-VOC and/or Super-Compliant VOC architectural coatings and industrial maintenance coatings such that daily volume of coatings applied would not result in emissions that exceed the SCAQMD
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significance threshold for VOC, unless it can be demonstrated to the Department of Building and Safety that such coatings for a required application are not available. During construction, the construction contractor shall maintain a list of all architectural coatings and industrial maintenance coatings in use on the construction site and the daily volumes of coatings applied for verification by the Department of Building and Safety.
Operations
MM AQ-3: Applicants for new development projects on the proposed housing sites that are subject to the CEQA review (i.e., discretionary projects) and that exceed the SCAQMD significance thresholds during operations shall, prior to issuance of a building permit for the new development, show on the building plans that all major appliances (dishwashers, refrigerators, clothes washers, and dryers) to be provided/installed are Energy Star–certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star or equivalent appliances shall be verified by the Department of Building and Safety prior to issuance of a certificate of occupancy.
MM AQ-4: Applicants for new residential development projects within the Planning Area that are subject to the CEQA review (i.e., discretionary projects) and that exceed the SCAQMD significance thresholds during operations shall, prior to issuance of a building permit for new development projects within the proposed housing sites, indicate on the building plans that the feature below has been incorporated into the design of the building(s). Proper installation of this feature shall be verified by the City Department of Building and Safety prior to issuance of a certificate of occupancy:
For multifamily dwellings, electric vehicle charging shall be provided as specified in Section A4.106.8.2 (Residential Voluntary Measures) of the CALGreen Code (or its successor code).
MM AQ-5: Applicants for new non-residential development projects within the proposed housing sites that are subject to the CEQA review (i.e., discretionary projects) and that exceed the SCAQMD significance thresholds during operations shall, prior to issuance of a building permit for new development projects on the proposed housing sites, indicate on the building plans that the features below have been incorporated into the design of the building(s). Proper installation of these features shall be verified by the City Department of Building and Safety prior to issuance of a certificate of occupancy:
Preferential parking for low-emitting, fuel-efficient, and carpool/van vehicles shall be provided as specified in Section A5.106.5.1 (Nonresidential Voluntary Measures) of the CALGreen Code (or its successor code).
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Facilities shall be installed to support future electric vehicle charging at each nonresidential building with 30 or more parking spaces. Installation shall be consistent with Section A5.106.5.3 (Nonresidential Voluntary Measures) of the CALGreen Code (or its successor code).
Finding: The City hereby makes Finding 3. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. 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 PEIR (PRC Section 21081(a)(1), (3); CEQA Guidelines Section 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 Project outweigh its significant effects on the environment.
Impact AQ-2: The Project would result in a cumulatively considerable net increase of a criteria pollutant for which the project region is non-attainment under applicable federal or state ambient air quality standards.
The Project area is designated as a non-attainment region for criteria pollutants including O3, nitrogen dioxide (NO2), VOCs, PM10, and PM2.5, leading to significant air quality impacts.
Construction activities could degrade air quality due to emissions from heavy-duty equipment, worker vehicles, and fugitive dust, along with VOCs from architectural coatings. Future developments must comply with SCAQMD regulations and undergo CEQA reviews. Mandatory adherence to CARB regulations will limit diesel equipment emissions and incorporate measures for dust and VOC control. However, large projects could still exceed SCAQMD significance thresholds, resulting in significant air quality impacts.
Operational emissions will arise from vehicle trips, energy use, and landscaping activities. Onroad mobile sources, including passenger vehicles and delivery trucks, will contribute to total emissions, resulting in significant air quality impacts. While implementation of the following mitigation measures will reduce the severity of the effects, impacts will remain significant and unavoidable.
Mitigation Measures
Refer to MM AQ-1 through MM AQ-5 above.
Finding: The City hereby makes Finding 3. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect
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as identified in the PEIR. 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 PEIR (PRC Section 21081(a)(1), (3); CEQA Guidelines Section 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 Project outweigh its significant effects on the environment.
Impact AQ-3: The Project would result in a potentially significant impact related to exposing sensitive receptors to substantial pollutant concentrations during construction. The Project would result in a less than significant impact with respect to the exposure of sensitive receptors to substantial pollutant concentrations during operation.
Criteria air pollutant emissions associated with new development within the Planning Area pose potential health impacts, particularly for sensitive receptors in proximity to construction activities.
Localized air quality deterioration can occur due to heavy-duty construction equipment and vehicle trips related to construction workers and material transport. Additionally, fugitive dust emissions generated by these activities and VOCs released during the application of architectural coatings may contribute to air quality concerns. The extent of emissions fluctuates based on daily operational activities and weather conditions. The SCAQMD has established Localized Significance Thresholds to evaluate emissions based on project specifics, including area, project size, and proximity to sensitive receptors, necessitating project-specific dispersion modeling when screening thresholds are exceeded.
The proximity of sensitive receptors to substantial construction activities necessitates health risk assessments for diesel particulate matter (DPM) emissions. The SCAQMD recommends such analysis to evaluate the localized impacts of mobile source emissions, as localized DPM emissions correlate strongly with PM2.5 levels. However, details regarding specific projects under the Project remain undefined, making precise emissions modeling infeasible at this stage. Each future development project will need to conduct applicable technical analyses to assess significance and comply with individual environmental review processes. Any project exceeding established threshold levels would be considered significant, prompting necessary mitigation measures to address the potential exposure of sensitive receptors to high pollutant concentrations, despite adherence to SCAQMD regulations and proposed mitigation measures.
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Mitigation Measures
MM AQ-6: Applicants for new development projects on the proposed housing sites that are subject to the CEQA review (i.e., discretionary projects) and are within one-quarter mile (1,320 feet) of a sensitive land use shall, prior to issuance of a building permit, submit a construction-related air quality study that evaluates potential localized project construction-related air quality impacts to the City Planning Division for review and approval. The evaluation shall be prepared in conformance with SCAQMD methodology for assessing localized significance thresholds (LST) air quality impacts. If construction-related criteria air pollutants are determined to have the potential to exceed the SCAQMD-adopted thresholds of significance, the City shall require that applicants for new development projects incorporate MM AQ-1 through MM AQ-5 to reduce air pollutant emissions during construction activities.
These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City’s Planning Division.
MM AQ-7: Applicants for new development projects on the proposed housing sites that are subject to the CEQA review (i.e., discretionary projects) and are within one-quarter mile (1,320 feet) of a sensitive land use shall, prior to issuance of a building permit, submit a construction-related air quality study that evaluates potential health risk impacts to the City Planning Division for review and approval. The evaluation shall be prepared in conformance with SCAQMD methodology for assessing health risk impacts. If health risk impacts are determined to have the potential to exceed the SCAQMD-adopted thresholds of significance, the City shall require that applicants for new development projects incorporate MM AQ-1 through MM AQ-5 to reduce air pollutant emissions during construction activities. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City’s Planning Division.
Finding: The City hereby makes Finding 3. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. 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 PEIR (PRC Section 21081(a)(1), (3); CEQA Guidelines Section 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 Project outweigh its significant effects on the environment.
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2. Cultural Resources
Impact CUL-1: The Project would cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines Section 15064.5.
Development activities, including construction, demolition, or alteration of structures and landscapes deemed historic, may result in the destruction or modification of resources over 45 years old. This includes infill development that alters the integrity of a historical resource’s surroundings. Projects that do not adhere to the Secretary of the Interior’s Standards for the Treatment of Historic Properties could exacerbate these adverse impacts. Additionally, alterations that affect the setting of historic properties can diminish their historical integrity, especially if new structures or visible features are introduced.
The South Central Coastal Information Center (SCCIC) cultural resources records search identified 91 studies completed within a one-half mile radius of the Housing Sites, revealing 27 recorded cultural resources, 15 of which are situated within the Project Area and include both historic archaeological sites and architectural resources.
The potential future developments may cause a substantial adverse change in the significance of a historical resource. Although implementation of Mitigation Measure MM CUL-1 will reduce impacts, the impact remains significant and unavoidable.
Mitigation Measure
MM CUL-1: Prior to development of individual projects that are subject to the CEQA review (i.e., non-exempt projects) and within areas that contain properties more than 45 years old, the project proponent shall retain a qualified architectural historian and, defined as meeting the Secretary of the Interior’s Professional Qualification Standards for architectural history, to conduct a historic resources assessment including: a records search at the SCCIC; a review of pertinent archives, databases, and sources; a pedestrian field survey; recordation of all identified historic resources on California Department of Parks and Recreation 523 forms; and preparation of a technical report documenting the methods and results of the assessment. All identified historic resources will be assessed for the project’s potential to result in direct and/or indirect effects on those resources and any historic resource that may be affected shall be evaluated for its potential significance under national and state criteria prior to the City’s approval of project plans and publication of subsequent CEQA documents. The qualified architectural historian shall provide recommendations regarding additional work, treatment, or mitigation for affected historical resources to be implemented prior to their demolition or alteration. Impacts on historical resources shall be analyzed using CEQA thresholds to determine if a project would result in a substantial adverse change in the significance of a historical resource. If a potentially significant impact would occur, the City shall require appropriate mitigation to lessen the impact to the degree feasible.
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Finding: The City hereby makes Finding 3. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. 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 PEIR (PRC Section 21081(a)(1), (3); CEQA Guidelines Section 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 Project outweigh its significant effects on the environment.
3. Noise
Impact NOI-1: The Project would result in the generation of a substantial temporary noise increase above ambient in excess of standards established in the local general plan or noise ordinance while construction would occur and impacts would be significant and unavoidable.
The Project involves construction activities that will generate fluctuating noise levels due to the operation of heavy equipment in various phases, including demolition and grading. Noise levels from equipment can peak between 75 A-Weighted decibels (dBA) and 101 dBA maximum level (Lmax) at a distance of 50 feet. While single-event noise from traffic and equipment transport may cause temporary disturbances, these short-term impacts are expected to be less than significant over longer timeframes. Compliance with the City Noise Ordinance, which limits construction hours and sets ambient noise thresholds, is anticipated to help mitigate these impacts.
Despite this, uncertainties about the specific layouts and timing of future projects may result in significant noise impacts, particularly near sensitive receptors. Implementation of Mitigation Measure MM NOI-1 will reduce impacts, but potential impacts remain significant and unavoidable.
Mitigation Measures
Construction
MM NOI-1: Construction Noise. Applicants for new development projects facilitated by the Project that are subject to the CEQA review (i.e., non-exempt projects) and that are located within 500 feet of noise-sensitive receptors (e.g., residences, hospitals, schools) shall submit a noise study to the City Planning Division for review and approval prior to issuance of a grading or building permit. The study shall include noise-reduction measures, if necessary, to ensure project construction noise will
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be in compliance with the City’s Noise Ordinance standards as applicable to construction (i.e., Irwindale Municipal Code Chapter 9.28). All noise-reduction measures approved by City Planning Department shall be incorporated into appropriate construction-related plans (e.g., demolition plans, grading plans and building plans) and implemented during construction activities. Potential noisereduction measures may include but are not limited to one or more of the following, as applicable to the project:
Install temporary sound barriers for construction activities that occur adjacent to occupied noise-sensitive receptors.
Equip construction equipment with effective mufflers, sound-insulating hoods or enclosures, vibration dampers, and other Best Available Control Technology (BACT).
Limit non-essential idling of construction equipment to no more than five minutes per hour.
Finding: The City hereby makes Finding 3. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. 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 PEIR (PRC Section 21081(a)(1), (3); CEQA Guidelines Section 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 Project outweigh its significant effects on the environment.
Impact NOI-2: The Project would generate excessive groundborne vibration or groundborne noise during construction and would be significant and unavoidable. The Project would not result in permanent excessive groundborne vibration or noise during operation and impacts would be less than significant without mitigation.
The Project’s construction phase is anticipated to generate substantial groundborne noise and vibration, particularly in proximity to sensitive receptors and land uses. High-impact equipment, such as pile drivers, presents the potential for significant vibration impacts depending on their distance from adjacent structures. While most construction activities typically involve lower-impact machinery, such as bulldozers and loaded trucks, which produce vibration levels of 0.089 in/sec peak particle velocity (PPV) and 0.076 in/sec PPV at a reference distance of 25 feet, there
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remains a risk that these operations could exceed damage thresholds outlined for variousstructural classes. Consequently, construction activities must adhere to specified operational distances from sensitive structures to mitigate the risk of structural damage.
Furthermore, construction activities involving large machinery may also lead to human annoyance due to elevated noise levels. At a distance of 25 feet, the expected vibration levels for bulldozers and loaded trucks are projected at 87 vibration decibels (VdB) and 86 VdB, respectively, surpassing the Federal Transportation Administration (FTA) thresholds for both daytime noisesensitive receivers and residential occupancies. Should the future developments be located near vibration-sensitive receptors, the intensity of construction may exceed established significance thresholds, necessitating project-specific groundborne vibration and noise analyses in compliance with CEQA. Despite implementing Mitigation Measure MM NOI-2, the potential for significant and unavoidable impacts remains.
Mitigation Measure
Construction
MM NOI-2: Construction Vibration. Applicants for new development projects facilitated by the Project that are subject to the CEQA review (i.e., non-exempt projects) and that are located within 300 feet of groundborne vibration receptors and that utilize vibration-intensive construction equipment (e.g., pile drivers, jack hammers, large dozer, or vibratory rollers) shall submit a vibration impact evaluation to the City Planning Division for review and approval prior to issuance of a grading or building permit. The evaluation shall include a list of project construction equipment and the associated vibration levels and a predictive analysis of potential project vibration impacts. If construction-related vibration is determined to exceed applicable standards, project-specific measures shall be required to ensure project compliance with vibration standards. All project-specific measures approved by the City Planning Division shall be incorporated into appropriate construction-related plans (e.g., demolition plans, grading plans and building plans) and implemented during project construction.
Examples of equipment vibration source-to-receptor distances at which impact evaluation should occur vary with equipment type (based on FTA reference vibration information) and are as follows:
Jackhammer: 23 feet.
Dozer, hoe-ram, drill rig, front-end loader, tractor, or backhoe: 43 feet.
Roller (for site ground compaction or paving): 75 feet.
Impact pile-driving: 280 feet.
Finding: The City hereby makes Finding 3. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect
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as identified in the PEIR. 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 PEIR (PRC Section 21081(a)(1), (3); CEQA Guidelines Section 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 Project outweigh its significant effects on the environment.
VI. MITIGATION MONITORING AND REPORTING PROGRAM
A Lead Agency is required to adopt a “reporting or monitoring program for changes to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment” (PRC Section 21081.6). In addition, CEQA Guidelines Section 15097(a) requires that a public agency adopt a program for monitoring or reporting mitigation measures and project revisions, which it requires to mitigate or avoid significant environmental effects.
The mitigation measures included in the PEIR as certified by the City serve that function. The Mitigation Monitoring and Reporting Program (MMRP), which is provided with Exhibit A, includes all the mitigation measures adopted by the City in connection with the approval of the Project and has been designed to ensure compliance with such measures during implementation of the Project. The mitigation measures will be implemented, as applicable, during the future development and operation of the housing that will result from the Project. In accordance with the requirements of PRC Section 21081.6, the City hereby adopts the MMRP.
VII. 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 Section 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 Draft PEIR.
1. Reduced Development Alternative
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.
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The City considered an alternative that would reduce or eliminate the number of candidate parcels proposed as Housing Sites, which would include zoning and land use overlays, as a way to reduce environmental impacts compared to the Project. However, the Reduced Development Alternative was rejected as it would not allow for the increase in designated residential uses throughout the City that is necessary to accommodate the City’s share of the RHNA established by the SCAG for the 6th Cycle RHNA. For this reason, the Reduced Development Alternative was considered but rejected from further evaluation within the Draft PEIR.
2. Increased Accessory Dwelling Units Alternative
The City considered an alternative that would rely on an increased amount of ADU to assist in meeting the City’s 6th Cycle RHNA. However, this Alternative was rejected because the City has not had sufficient ADU developments in the past to rely on an increased amount of ADUs to reach the City’s RHNA goal. Therefore, the Increased Accessory Dwelling Units Alternative was considered but rejected from further evaluation within the Draft PEIR.
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 Project but avoid or substantially lessen any of the significant effects of the project. Table 5-1, Summary of Alternative Impacts Compared to the Proposed Project, of the Draft PEIR, identifies how each of the alternatives selected for further analysis compares to the Project. Table 5-2, Ability of Alternatives to Meet the Project Objectives, of the Draft PEIR, provides a summary of the ability of the alternatives to achieve the project objectives.
1. No Project Alternative
The No Project Alternative, as required by the State CEQA Guidelines, analyzes the effects of not adopting and implementing the Housing Element Update as well as the adoption of the Safety and EJ Elements. Future development under the No Project Alternative would continue to be guided by the existing General Plan, current land use and zoning designations as well as existing policies. The No Project Alternative would result in the continuation of existing conditions and planned development within the City as no land use or zoning overlays would be processed under this alternative. No amendments to the General Plan, including the updated Housing and Safety Element and the creation of the EJ Element, would occur under this alternative.
This alternative would result in similar impacts to 10 impact categories, reduce or eliminate impacts to 2 environmental impacts, and increase impacts to 2 categories. Impacts would be similar for aesthetics, biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, noise, public services, tribal cultural resources, and utilities and service systems. This alternative would reduce air quality and population and housing impacts.
However, Alternative 1 would have a greater land use and planning impact because Alternative 1 would not be able to meet the City’s RHNA goal and would not implement the necessary Safety and EJ Elements. In addition, transportation impacts would also be increased since higher residential densities would not occur under Alternative 1 and all residential development would
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continue to occur as currently planned. It is speculative to assume that all future projects would be able to reduce their impacts to transportation to a less than significant level under Alternative 1 even with incorporation of all applicable mitigation measures and compliance with state and local requirements. Therefore, impacts to transportation under Alternative 1, specifically VMT impacts, would remain significant and unavoidable.
The No Project Alternative would reduce the Project’s significant and unavoidable air quality impact but would not meet any of the Project’s Objectives. Similar to the Project, impacts to cultural resources (historic) and noise would remain significant and unavoidable.
Finding: This alternative was rejected because it would not meet any of the objectives of the Project and would therefore result in it not being able to meet the City’s RHNA allocation. In addition, the No Project Alternative would not implement the necessary Safety and EJ Elements.
This alternative would also increase impacts to land use and planning and transportation, due to conflicts with regional plans and a lack of higher density development thereby increasing vehicle miles traveled in the area. As a result, specific economic, legal, social, technological, or other considerations, including provision of residential opportunities, make infeasible this project alternative for the reasons identified in the Draft PEIR. Since the identified sites would not be rezoned, the areas would not provide the same amount of residential opportunities and the City would not provide for the 6th cycle RHNA allocation.
2. Las Casitas Site Alternative
Under the Las Casitas Site Alternative, an approximately 22,860 square-foot site would be included as an additional Housing Site. The Las Casitas site is located on the southern side of Arrow Highway between Ayon Avenue and Allen Drive. The Las Casitas site was formerly operated by Dominguez Construction Inc as contractor storage and has been vacant since 2021.
The site is located just east of the Las Casitas Senior Housing complex and could accommodate 12 units. With 12 units being relocated to the Las Casitas Site, Alternative 2 would reduce the amount of future development planned for Housing Sites 1 and 3 by 12 units.
Similar to the Project, Alternative 2 would include amendments to the City’s General Plan and Zoning Code to implement the 2021–2029 Housing Element, would include updates to the Safety Element, and would include the creation of a new EJ Element.
This alternative would only reduce impacts to one category in comparison to the Project, transportation. Under this alternative 12 units would be diverted to the Las Casitas Site, the amount of potential units at Sites 1 and 3 would be reduced under Alternative 2, which in turn would lower VMT at the sites that are currently above the threshold without mitigation. Impacts would be similar for aesthetics, air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, land use and planning, population and housing, public services, tribal cultural resources, and utilities and services systems. This alternative would increase impacts to noise. As with the Project, impacts to air quality, historic resources, and noise would remain significant and unavoidable. Noise and vibration impacts under Alternative 2 would
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be similar to the Project but would be slightly increased due to the addition of the sensitive receptor of the Las Casitas Senior Complex.
Finding: This alternative is rejected because it would not reduce impacts when compared to the Project except for reducing VMT impacts at Housing Sites 1 and 3. This alternative would meet all of the project objectives. However, this alternative would result in increased noise impacts to due to proximity to the Las Casitas Senior Complex.
3. Increased Area at Reliance II Site
Under Alternative 3, Housing Site 4 (also called Gold Line Reliance II) would be expanded from one acre to a two-acre site that would be able to accommodate an additional 20 housing units.
The increase in units at Housing Site 4 will shift 20 units from Housing Sites 1 and 3, while maintaining an estimated total capacity of 279 housing units. The geographical shift in units would provide an increased number of units in closer to public transit.
Similar to the Project, Alternative 3 would include amendments to the City’s General Plan and Zoning Code to implement the City’s 6th Cycle Housing Element, would include updates to the Safety Element, and would include the creation of a new EJ Element.
This alternative would reduce impacts to one environmental impact, result in similar impacts to 12 categories, and increase one environmental impact. It would reduce impacts to transportation but would result in increased impacts to cultural resources. Impacts would be similar for aesthetics, air quality, cultural resources, energy, geology and soils, greenhouse gas emissions, land use and planning; noise; population and housing; public services; tribal cultural resources; and utilities and services systems. As with the Project, impacts to air quality, historic resources, and noise would remain significant and unavoidable. Impacts to biological resources will be increased since the larger area at Housing Site 4 could result in potentially more severe impacts, even with implementation of Mitigation Measures MM BIO-1 through MM BIO-4. Therefore, biological impacts would be less than significant under Alternative 3, but greater than the Project.
Finding: Alternative 3 would meet all of the Project Objectives. Implementation of Alternative 3 would result in similar impacts for the majority of issue areas as identified for the Project, with the exception of biological resources and transportation. Alternative 3 would lessen the impacts to transportation because it would reduce the planned density at Housing Sites 1 and 3. Alternative 3 would result in a less than significant impact to biological resources but would be slightly greater than the Project because Site 4 was identified as being potentially significant to biological resources.
C. ENVIRONMENTALLY SUPERIOR ALTERATIVE
CEQA requires a lead agency to identify the “environmentally superior alternative,” and in cases where the “No Project” Alternative is environmentally superior to the Project, the environmentally superior development alternative must be identified. In this case, the Las Casitas Site would be considered the environmentally superior alternative. As summarized in Draft PEIR Table 5-1,
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Summary of Alternative Impacts Compared to the Proposed Project, the Las Casitas Site alternative would reduce one impact area, reducing VMT impacts at Sites 1 and 3.
VIII. STATEMENT OF OVERRIDING CONSIDERATIONS
A. INTRODUCTION
The City of Irwindale is the Lead Agency under CEQA for preparation, review and certification of the Draft PEIR for the 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 that will result in the occurrence of significant effects that 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, PRC 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.
Pursuant to PRC Section 21081(b) and the State CEQA Guidelines Section 15093, the City has balanced the benefits of the Project against the significant and unavoidable 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 Project.
Irwindale Housing Element and General Plan Update 41
CEQA Findings of Fact and
Statement of Overriding Considerations
The City of Irwindale, as the Lead Agency for this project, and having reviewed the PEIR for the 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 Project will result in significant and unavoidable impacts to:
Air quality: conflict with or obstruct implementation of the applicable air quality plan due to growth that could exceed demographic assumptions for the City of Irwindale; a cumulatively considerable net increase of a criteria pollutant for which the project region is nonattainment under applicable federal or state ambient air quality standards; and expose sensitive receptors to substantial pollutant concentrations during construction Cultural Resources: substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines Section 15064.5; contribute to a cumulative impact; and Noise: generation of a substantial temporary noise increase above ambient in excess of standards established in the local general plan or noise ordinance during construction; generate excessive groundborne vibration or groundborne noise during construction; cumulative noise and vibration during construction.
The City, after balancing the specific economic, legal, social, technological, and other benefits of the project, has determined that the significant and unavoidable 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. Facilitate new housing opportunities throughout the City in response to the state’s need for more affordable and market rate housing as well as develop housing solutions to meet the City’s 6th Cycle RHNA.
2. Meet the City’s housing needs by encouraging a variety of housing development affordable at all income levels, especially for extremely low- and very-low-income households, including construction of Accessory Dwelling Units (ADUs), subdivision/lot split opportunity sites, and other housing choices on identified opportunity sites.
3. Reduce, remove, and/or streamline potential governmental constraints and barriers to housing development and promote equal housing opportunities for all people; incorporate best practices related to land use, racial equity, mobility, housing affordability, safety, environmental justice, community services, and healthy neighborhoods.
Irwindale Housing Element and General Plan Update 42
CEQA Findings of Fact and
Statement of Overriding Considerations
4. Affirmatively further fair housing to address special housing needs, primarily for seniors and people living with disabilities, promote fair housing choice, eliminate disparities in housing opportunities, and foster inclusive communities free from discrimination.
5. Embrace technology and innovative practices to create sustainable, energy efficient, and healthy communities and adaptable infrastructure systems.
6. Develop a Safety Element that meets all the requirements under Government Code Section 65302(g)(1) through (g)(9) and that reflects state and local regulations for specific hazards, with the intent of protecting people and key infrastructure from damage resulting from an environmental hazard.
7. Develop an Environmental Justice Element that meets all requirements under Government Code Sections 65302(h)(1) through 65302(h)(2) and that reflects state and local regulations for evaluating environmental hazards, pollution, health risks, and social challenges in disadvantaged communities.
C. CONCLUSION
The City Council of Irwindale has balanced the Project’s benefits against the significant unavoidable impacts. The City Council finds that the Project’s benefits, outweigh the Project’s significant unavoidable impacts, and these impacts, therefore, are considered acceptable in the light of the Project’s benefits. The City Council finds that each of the benefits described above is an overriding consideration, independent of the other benefits, which warrants approval of the Project notwithstanding the Project’s significant unavoidable impacts.
Item #22.C.
Date: August 27, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Safety Element / Environmental Justice
City Manager's Recommendation:
City Manager’s Recommendation:
That the City Council consider the Planning Commission’s Resolution Nos. 866(25), 863(25) and 864(25) recommending the City Council certify the Final Program Environmental Impact Report (FPEIR), adopt General Plan Amendment No. 04-2025 and General Plan Amendment No. 05-2025 for the updated Safety Element and new Environmental Justice Element; and
1. Adopt Resolution No. 2025-75-3663, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE TO (1) CONSIDER AND CERTIFY THE ENVIRONMENTAL IMPACT REPORT, STATE CLEARINGHOUSE (SCH# 2023120387); (2) ADOPT THE FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS REQUIRED BY CEQA GUIDELINES, SECTIONS 15091 AND 15093; (3) ADOPT THE PROPOSED MITIGATION MONITORING AND REPORTING PROGRAM, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR THE 2021-2029 HOUSING
ELEMENT UPDATE, THE SAFETY ELEMENT UPDATE, COMMUNITY DEVELOPMENT ELEMENT
UPDATE, THE NEW ENVIRONMENTAL JUSTICE ELEMENT, AND ZONE ORDINANCE AMENDMENT (ZOA) NO. 05-2025; and
2. Adopt Resolution No. 2025-78-3666, entitled, “A RESOLUTION OF THE city council OF THE CITY OF IRWINDALE ADOPTING GENERAL PLAN AMENDMENT NO. 04-2025, TO ADOPT THE
UPDATED SAFETY ELEMENT, AND FIND THE PROJECT CONSISTENT WITH THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (FPEIR) (SCH# 2023120387) PREPARED FOR THE PROJECT
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS SET FORTH HEREIN AND MAKING FINDINGS IN SUPPORT THEREOF” and
3. Adopt Resolution No. 2025-79-3667, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF IRWINDALE ADOPTING GENERAL PLAN AMENDMENT NO. 05-2025, TO ADOPT THE Environmental justice ELEMENT, AND FINDING THE PROJECT CONSISTENT WITH THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (FPEIR) (SCH# 2023120387) PREPARED FOR THE
PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS SET FORTH HEREIN AND MAKING FINDINGS IN SUPPORT THEREOF”
Administrative Action:
Submitted by:
Marilyn Simpson, AICP, Community Development Director
Prepared by:
Marilyn Simpson, AICP, Community Development Director
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
Summary:
State law requires that local governments update their Housing Element every eight years to periodically address the changing housing needs of the community, establish an action plan, and report on progress toward meeting the goals of the Housing Element. The 2021-2029 Housing Element is being updated per the State mandate.
General Plan Amendment No. 04-2025 updates the General Plan Safety Element. General Plan Amendment No. 05-2025 adds a new Environmental Justice (EJ) Element to the General Plan. State law mandates that the Safety Element be updated alongside the Housing Element, which is being processed concurrently with these two elements. The Environmental Justice Element is a new element that is now required by State law to be added to the General Plan.
Background and Analysis:
Staff, along with Environmental Science Associates (ESA) have prepared the Safety Element update and the new EJ Element for adoption by the City Council. On July 24, 2024 and August 28, 2024, both Elements were presented to the City Council for their input and comments on each of the element’s policies, goals, and programs. The City Council did not make any changes to the documents.
In conjunction with preparing the City’s Housing Element (HE), the General Plan Safety Element and new Environmental Justice Element are needed as part of the update to comply with State Housing Element Law. When the HE is updated, the Safety Element must be updated as well. The Environmental Justice Element is a new General Plan element that is now required by State Law.
Safety Element:
The Safety Element is a State-mandated component of a General Plan and State law requires that it be updated as needed to address fire risk and climate adaptation and resiliency strategies (Government Code Section 65302(g) and Section 65302.15). The updated Safety Element (previously named the Public Safety Element) identifies the potential risks to life and property resulting from naturally occurring hazards, such as earthquakes and floods, and man-made hazards, such as air pollution and contamination of water quality. In addition, the updated Safety Element identifies the appropriate public safety providers, such as law enforcement, emergency preparedness, and response teams necessary to handle the different types of safety hazards and risks. Specifically, the updated Safety Element identifies locations within the City that may be inappropriate for certain land uses due to potential risks and hazards as well as areas where hazards are present but can be mitigated through special design and site planning measures. The updated Safety Element also considers economic and social dislocation resulting from natural and human-made hazards, including long-term costs to the City, such as maintenance, liability exposure, and emergency services, where high hazards exist. To address these hazards and risks, the City has established goals, policies, and implementation actions to guide the City’s planning and decision-making processes for future projects within the City to ensure that various health and safety hazards are considered in planning the location, design, intensity, density, and type of land uses in each area. The Safety Element and Implementation Program are attached as Exhibit A to Resolution No. 2025-78-3666 .
The draft updated Safety Element includes updated and new goals, policies and actions, which have been prepared to comply with the following State requirements:
• SB 379 (2015): Requires the City to address climate adaptation and resiliency through the preparation of a vulnerability assessment, or reliance on a Local Hazard Mitigation Plan that addresses climate adaptation risks and vulnerabilities. • AB 747 (2020): Mandates that the City include an analysis of evacuation routes in the Safety Element. The analysis must assess the capacity, safety, and viability of existing and proposed evacuation routes under a range of emergency scenarios, such as wildfires, floods, earthquakes,
and hazardous material incidents.
• SB 99 (2020): Requires the Safety Element to identify residential developments in any hazard areas that do not have at least two emergency evacuation routes.
While preparing the Safety Element Update, staff and consultants worked with outside public safety agencies, as well as City departments. The Irwindale Police Department, Public Works Engineering and Public Services provided comments and information. The Los Angeles County Fire Department provided information that was included in the document and the Board of Forestry gave positive feedback on the proposed Safety Element programs.
The Safety Element addresses potential risks to life and property resulting from naturally occurring hazards, such as earthquakes and floods, and man-made hazards, such as air pollution and contamination of water quality. The Safety Element also identifies public safety providers such as law enforcement and emergency preparedness and response teams. It also identifies locations in Irwindale where certain land uses may be inappropriate due to potential risks and hazards. The proposed Safety Element programs are included as Attachment A.
Environmental Justice (EJ) Element:
California Government Code Section 65302(h) requires jurisdictions to adopt an Environmental Justice Element if it contains a defined “disadvantaged community”. The California Environmental Protection Agency (Cal EPA) defines a “disadvantaged community” as a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation (Section 39711 of the Health and Safety Code). Adoption of an EJ Element can occur at any time but is required when the jurisdiction is adopting or revising two or more General Plan elements concurrently. Since the City is in the process of updating its Housing Element and Safety Element, the City is also required to adopt an EJ Element at this time. The EJ Element and Implementation Programs are attached with Exhibits D and E.
The entire City of Irwindale meets the State-defined criteria for disadvantaged communities, where the EJ Element’s purpose is to address the unique or compounded health risks throughout the City. The EJ Element includes policies, programs, and measures to reduce these health risks, such as improving air quality; promoting public facilities, food access, safe and sanitary homes; and physical activity. In addition, the EJ Element serves to promote civic engagement in the public decision-making process and prioritize improvements and programs that address the needs of these communities. The EJ Element will aid the City in the planning and decision-making process to ensure that the City is a safe and healthy place for everyone and focus on goals that improve communities and reduce inequities Community Outreach:
The following community outreach efforts were held for the preparation of the Safety Element and Environmental Justice Element.
• On August 9, 2022 the City hosted a community workshop in person and virtually on the Safety Element and Environmental Justice Element to explore safety and environmental justice issues and solutions and solicit public input for the elements. • On September 19, 2023, the City hosted a community workshop in person and virtually to review the drafted elements and the policies and actions included in the Safety and Environmental Justice Elements.
• On October 18, 2023, the City hosted an encore community workshop in person and virtually to review the drafted elements and the policies and actions included in the Safety and Environmental Justice Elements.
Safety & Environmental Justice Elements Public Review:
Environmental Science Associates (ESA) has prepared the draft Safety and Environmental Justice Elements. The 30-day public review and comment period for the two Elements began on May 16, 2024 and ended on June 17, 2024. Staff did not receive any comments. In June, ESA attended a meeting with the Board of Forestry (BOF), one of the reviewing agencies. The BOF gave positive feedback on the proposed Safety Element programs.
Fiscal Impact:
Fiscal Impact:
The City’s adoption of the updated Safety and new Environmental Justice Elements will ensure compliance with State Law requirements and is consistent with the 2021-2029 Housing Element. The programs in the elements will enable the City to be competitive for state grants and continue to maintain local land use control.
Attachments:
1. CC Resolution No. 2025-78-3666 GPA 04-2025 Safety (Final)
2. Attachment B to Safety Element
3. CC Resolution No. 2025-79-3667 GPA 05-2025 Env Justice (Final
4. Attachment D Draft EJ Element
5. Attachment E Combined
Resolution No. 2025-78-3666
GPA No. 04-2025
01005.0005 2033365.1
ATTACHMENT “A”
RESOLUTION NO. 2025-78-3666
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING GENERAL PLAN AMENDMENT NO. 04-2025, TO ADOPT THE UPDATED SAFETY
ELEMENT, AND FIND THE PROJECT CONSISTENT WITH THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (FPEIR) (SCH# 2023120387) PREPARED FOR
THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,
AS SET FORTH HEREIN AND MAKING FINDINGS IN SUPPORT THEREOF A. RECITALS.
(i) The City of Irwindale, 5050 Irwindale Avenue, Irwindale, CA 91706, acting as the Applicant, has initiated the request for a General Plan Amendment (GPA No. 04-2025) to update the Safety Element. (This GPA is being processed concurrently with General Plan Amendment Nos. 03-2025, 05- 2025, 06-2025, Zone Ordinance Amendment No. 05-2025, and Zone Change Nos. 05-2025, 06-2025, 07-2025, 08-2025, and 09-2025, collectively referred to herein as the “Project”); and
(ii) Local governments are authorized by Government Code Section 65350, et. seq. to prepare, adopt, and amend General Plans; and
(iii) The Irwindale Municipal Code provides that the adoption or amendment of any General Plan within the City shall be accomplished by resolution; and (iv) Senate Bill (SB) 379 requires that the City update its Safety Element in conjunction with the Housing Element update; and
(v) The City has prepared the 2021-2029 Irwindale Housing Element for the sixth cycle planning period (“Housing Element”) in compliance with state law; and
(vi) General Plan Amendment No. 04-2025 for the Safety Element Update is processed concurrently with General Plan Amendment Nos. 03-2025 and 06-2025 to adopt the 2021-2029 Housing Element and update the Community Development Element, and General Plan Amendment No. 05- 2025 to adopt the Environmental Justice Element; and
(vii) The Safety Element is also being processed concurrently with Zone Ordinance Amendment No. 05-2025 to add Residential Overlay to the Title 17 (Zoning) of the Irwindale Municipal Code, and Zone Change Nos. 05- 2025, 06-2025, 07-2025, 08-2025, and 09-2025; and
Resolution No. 2025-78-3666
GPA No. 04-2025
01005.0005 2033365.1
(viii) Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, the City, as the Lead Agency, has analyzed the project and has prepared a Program Environmental Impact Report (“PEIR”). The Draft PEIR was circulated for public review for 45 days from April 4, 2025, through May 19, 2025. A copy of the Draft PEIR and Final PEIR was circulated through the State Clearinghouse (SCH# 2023120387), posted on the City’s website, and was available at the Irwindale Public Library, City Clerk’s Office, and the Community Development Department. The public review period for the Draft PEIR ended on May 19, 2025. A Final Program Environmental Impact Report (FPEIR) and Mitigation Monitoring and Reporting Program was prepared on the proposed project, including the Draft EIR, comments received on the Draft EIR and responses to those comments, revisions and corrections to the Draft EIR made in response to comments received. Environmental documents can be found at: https://www.irwindaleca.gov/570/HousingElement-General-Plan-Update; and (ix) A Final Program Environmental Impact Report (FPEIR) and Mitigation Monitoring and Reporting Program were prepared for the Housing Element, Safety Element Update, Community Development Element Update, and the Environmental Justice Element; and
(x) On July 30, 2025, the Planning Commission conducted a duly noticed public hearing, as required by law, on the draft Safety Element Update and recommended that the City Council approve the General Plan Amendment, subject to the approval of a Resolution, which details the specific conditions under which the application is approved; and (xi) The City Council has considered proposed General Plan Amendment No. 04-2025 to adopt the updated Safety Element; and
(xii) On August 27, 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
(xiii) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW, THEREFORE, it is hereby found, determined and resolved by the City Council of the City of Irwindale as follows:
Resolution No. 2025-78-3666
GPA No. 04-2025
01005.0005 2033365.1
1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct and are true and correct and are incorporated herein by this reference.
2. Based upon substantial evidence presented to this City Council during the public hearing conducted with regard to this Application, including written staff reports and verbal testimony, and evidence in the City’s record for the project, this City Council hereby specifically finds as follows:
a. That the proposed General Plan Amendment is internally consistent with all other provisions of the General Plan. The City’s General Plan Safety Element focuses on identifying and avoiding or mitigating hazards present in the environment that may adversely affect property and lives.
The Safety Element Update will further strengthen this aim by addressing increasing risks associated with climate change, wildfire, and evacuation routes. These updates serve to bring the Safety Element into compliance with State law and reflect changes that have occurred in the City and environment over the past several years since the Safety Element was previously adopted. Changes and updates to the Safety Element’s goals and policies are consistent with other elements in the General Plan.
b. The proposed amendment will not be detrimental to the public interest, health, safety, convenience or general welfare of the City. The proposed Safety Element Update are in the public’s interests by furthering the General Plan’s goals of creating a safe, healthy, and resilient community and reduce risk from hazards in the City.
3. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended via SB 131 (effective June 30, 2025), the City, as the Lead Agency, has analyzed the project and has prepared a Program Environmental Impact Report (“PEIR”). The Draft PEIR was circulated for public review for 45 days from April 4, 2025, through May 19, 2025. A copy of the Draft PEIR and Final PEIR was circulated through the State Clearinghouse (SCH# 2023120387), posted on the City’s website, and was available at the Irwindale Public Library, City Clerk’s Office, and the Community Development Department.
The public review period for the Draft PEIR ended on May 19, 2025. A Final Environmental Impact Report and Mitigation Monitoring and Reporting Program was prepared on the proposed project, including the Draft EIR, comments received on the Draft PEIR and responses to those comments, revisions and corrections to the Draft PEIR made in response to comments received. Environmental documents can be found at: https://www.irwindaleca.gov/570/Housing-ElementGeneral-Plan-Update. On August 27, 2025, the City Council adopted Resolution No. 2025-75-3663, certifying the Final PEIR, adopting findings and a statement of overriding considerations, and adopting a mitigation monitoring and reporting program. The City Council finds that the Final PEIR adequately describes the
Resolution No. 2025-78-3666
GPA No. 04-2025
01005.0005 2033365.1
Project and its potential impacts, as well as the impacts potentially resulting from the approval of the Safety Element Update for the purposes of CEQA review, and the Safety Element Update is consistent with the analysis of the Project within the FPEIR, Mitigation Monitoring and Reporting Program, Findings of Fact, and Statement of Overriding Considerations.
4. Based upon substantial evidence and testimony received at public hearing and the findings and conclusions set forth hereinabove, the City Council hereby adopts and approves proposed General Plan Amendment No. 04-2025 to adopt the Safety Element Update attached herein as Attachment “B” to the report.
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 27th day of August 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. 2025-78-3666 was adopted at a regular meeting of the Irwindale City Council held on the 27th day of August 2025, by the following vote of the Council:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Resolution No. 2025-78-3666
GPA No. 04-2025
01005.0005 2033365.1
ABSTAIN: Councilmembers:
Laura M. Nieto, MMC
Chief Deputy City Clerk
Exhibit:
A. Proposed Safety Element Update
Irwindale_SafetyElement_DRAFT_2024-04-30_CLEAN
Attachment “B”
to
Safety Element & EJ Report
Safety Element
(link below)
Irwindale_SafetyElement_DRAFT_2024-04-
30_CLEAN
Resolution No. 2025-79-3667
GPA No. 05-2025
ATTACHMENT “C”
RESOLUTION NO. 2025-79-3667
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING GENERAL PLAN AMENDMENT NO. 05-2025, TO ADOPT THE ENVIRONMENTAL
JUSTICE ELEMENT, AND FINDING THE PROJECT CONSISTENT WITH THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (FPEIR) (SCH# 2023120387)
PREPARED FOR THE PROJECT PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AS SET FORTH HEREIN AND MAKING FINDINGS
IN SUPPORT THEREOF
A. RECITALS.
(i) The City of Irwindale, 5050 Irwindale Avenue, Irwindale, CA 91706, acting as the Applicant, has initiated the request for a General Plan Amendment (GPA No. 05-2025) to prepare an Environmental Justice Element. (This GPA is being processed concurrently with General Plan Amendment Nos. 03-2025, 04-2025, 06-2025, Zone Ordinance Amendment No. 05-2025, and Zone Change Nos. 05-2025, 06-2025, 07-2025, 08-2025, and 09-2025); and
(ii) Local governments are authorized by Government Code Section 65350, et. seq. to prepare, adopt, and amend General Plans; and
(iii) The Irwindale Municipal Code provides that the adoption or amendment of any General Plan within the City shall be accomplished by resolution; and (iv) Senate Bill (SB) 1000 was passed by the California Legislature in 2016 with the aim to improve the health of local jurisdictions in California through adoption of an Environmental Justice (EJ) Element in its General Plan; and (v) SB 1000 requires that the City implement an Environmental Justice Element when two or more elements are updated and where the City also has a “disadvantaged community” pursuant to Government Code Section 65302(h)(4)(A); and
(vi) The City has prepared the 2021-2029 Irwindale Housing Element for the sixth cycle planning period (“Housing Element”) in compliance with state law; and
(vii) State law requires the Safety Element of a General Plan to be updated with the Housing Element. General Plan Amendment No. 04-2025 for the Safety Element Update is being processed concurrently with this Amendment and General Plan Amendment Nos. 03-2025 and 06-2025 to adopt the 2021-
Resolution No. 2025-79-3667
GPA No. 05-2025
2029 Housing Element and update the Community Development Element; and
(viii) State law requires that when two or more General Plan elements are adopted, an Environmental Justice Element must be prepared;and (ix) Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, the City, as the Lead Agency, has analyzed the Project and has prepared a Program Environmental Impact Report (“PEIR”). The Draft PEIR was circulated for public review for 45 days from April 4, 2025, through May 19, 2025. A copy of the Draft PEIR and Final PEIR was circulated through the State Clearinghouse (SCH# 2023120387), posted on the City’s website, and was available at the Irwindale Public Library, City Clerk’s Office, and the Community Development Department. The public review period for the Draft PEIR ended on May 19, 2025. A Final Environmental Impact Report and Mitigation Monitoring and Reporting Program was prepared on the proposed project, including the Draft EIR, comments received on the Draft EIR and responses to those comments, revisions and corrections to the Draft EIR made in response to comments received. Environmental documents can be found at: https://www.irwindaleca.gov/570/HousingElement-General-Plan-Update; and (x) A Final Program Environmental Impact Report (FPEIR) and Mitigation Monitoring and Reporting Program were prepared for the Housing Element, Safety Element Update, Community Development Element Update, and the Environmental Justice Element; and
(xi) On July 30, 2025, the Planning Commission conducted a duly noticed public hearing, as required by law, on the draft Environmental Justice Element and recommended that the City Council approve the General Plan Amendment, subject to the approval of a Resolution, which details the specific conditions under which the application is approved; and (i) The City Council has considered proposed General Plan Amendment No. 05-2025 to adopt the Environmental Justice Element; and (ii) On August 27, 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
(iii) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION.
Resolution No. 2025-79-3667
GPA No. 05-2025
NOW, THEREFORE, it is hereby found, determined and resolved by the City Council of the City of Irwindale as follows:
1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct and are true and correct and are incorporated herein by this reference.
2. Based upon substantial evidence presented to this City Council during the public hearing conducted with regard to this Application, including written staff reports and verbal testimony, and evidence in the City’s record for the project, this City Council hereby specifically finds as follows:
a. That the proposed General Plan Amendment is internally consistent with all other provisions of the General Plan. The new goals, policies, and implementation actions of the Environmental Justice Element have been prepared to enhance existing policies and programs contained within the General Plan by prioritizing or emphasizing environmental justice goals.
The Environmental Justice Element recognizes that many other elements already support environmental justice goals relating to hazards and health.
b. The proposed amendment will not be detrimental to the public interest, health, safety, convenience or general welfare of the City. In compliance with State law, the goals and policies in the new Environmental Justice Element aim to improve environmental equity throughout the City and promote equitable access to clean air, safe housing, and healthy livability, improving overall quality of life, which supports the health, safety, and general welfare of the City’s residents.
c. Additionally, to further the public interest, the proposed amendment was analyzed to ensure that no impacts to the public’s health, safety, or welfare would result from the new Environmental Justice Element.
3. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended via SB 131 (effective June 30, 2025), the City, as the Lead Agency, has analyzed the project and has prepared a Program Environmental Impact Report (“PEIR”). The Draft PEIR was circulated for public review for 45 days from April 4, 2025, through May 19, 2025. A copy of the Draft PEIR and Final PEIR was circulated through the State Clearinghouse (SCH# 2023120387), posted on the City’s website, and was available at the Irwindale Public Library, City Clerk’s Office, and the Community Development Department.
The public review period for the Draft PEIR ended on May 19, 2025. A Final Environmental Impact Report and Mitigation Monitoring and Reporting Program was prepared on the proposed project, including the Draft EIR, comments received on the Draft PEIR and responses to those comments, revisions and corrections to
Resolution No. 2025-79-3667
GPA No. 05-2025
the Draft PEIR made in response to comments received. Environmental documents can be found at: https://www.irwindaleca.gov/570/Housing-ElementGeneral-Plan-Update. On August 27, 2025, the City Council adopted Resolution No. 2025-75-3663, certifying the Final PEIR, adopting findings and a statement of overriding considerations, and adopting a mitigation monitoring and reporting program. The City Council finds that the Final PEIR adequately describes the Project and its potential impacts, as well as the impacts potentially resulting from the approval of the Environmental Justice Element for the purposes of CEQA review, and the Environmental Justice Element is consistent with the analysis of the Project within the FPEIR, Mitigation Monitoring and Reporting Program, Findings of Fact, and Statement of Overriding Considerations.
4. Based upon substantial evidence and testimony received at public hearing and the findings and conclusions set forth hereinabove, the City Council hereby adopts and approves proposed General Plan Amendment No. 05-2025 to adopt the Environmental Justice Element attached herein as Attachment “D” to the report.
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 27th day of August 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. 2025-79-3667 was adopted at a regular meeting of the Irwindale City Council held on the 27th day of August 2025, by the following vote of the Council:
Resolution No. 2025-79-3667
GPA No. 05-2025
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Laura M. Nieto, MMC
Chief Deputy City Clerk
Exhibit:
A. Proposed Environmental Justice Element
IrwindaleEJElement_Final_Draft_2024-04-30_CLEAN
Resolution No. 2025-79-3667
GPA No. 05-2025
Attachment “D”
to
Safety & EJ Element Report
Environmental Justice Element
(link below)
IrwindaleEJElement_Final_Draft_2024-04-
30_CLEAN
Attachment “E”
to
Safety Element & Environmental Justice Element Report
https://www.irwindaleca.gov/DocumentCenter/Vi
ew/11730/Revised-Draft-Irwindale-HEU-7-22-25-
redline-edits-since-11-2022-public-reviewdraft?bidId=
Attachment “E”
RESOLUTION NO. 2025-75-3663
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE TO (1)
CONSIDER AND CERTIFY THE ENVIRONMENTAL IMPACT REPORT, STATE CLEARING HOUSE (SCH# 2023120387); (2) ADOPT THE FINDINGS AND
STATEMENT OF OVERRIDING CONSIDERATIONS REQUIRED BY CEQA GUIDELINES, SECTIONS 15091 AND 15093; (3) ADOPT THE PROPOSED
MITIGATION MONITORING AND REPORTING PROGRAM, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR THE 2021-2029
HOUSING ELEMENT UPDATE, THE SAFETY ELEMENT UPDATE, COMMUNITY
DEVELOPMENT ELEMENT UPDATE, THE NEW ENVIRONMENTAL JUSTICE ELEMENT, AND ZONE ORDINANCE AMENDMENT (ZOA) NO. 05-2025 A. RECITALS.
(i) Under State law, all local governments in California are required to adequately plan to meet the housing needs of everyone in the community by adopting a Housing Element as part of the City’s General Plan. State law also requires that local governments update their Housing Element every eight years to periodically address the changing housing needs of the community, establish an action plan, and report on progress toward meeting the goals of the Housing Element. The City’s Housing element was adopted by the City Council in 2013 for the 2013-2021 planning period. The City of Irwindale is updating the Housing Element for the 2021-2029 planning period.
(ii) As a result, the following entitlements are being considered for approval for the 2021-2029 Housing Element Update (collectively referred to herein as “Project”):
• Program Environmental Impact Report (SCH#2023120387)
• General Plan Amendment Nos. 03-2025, 04-2025, 05-2025, 06-2025 • Zone Ordinance Amendment No. 05-2025
• Zone Change Nos. 05-2025, 06-2025, 07-2025, 08-2025, and 09-2025 (iii) In compliance with Public Resources Code Section 21080.4, a Notice of Preparation (“NOP”) was released by the City for public comment on December 14, 2023 and concluded on January 13, 2024. Two (2) 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.
(iv) On June 30, 2025, CEQA was amended via SB 131 stating that CEQA does not apply to a rezoning that implements the schedule of actions contained in an approved housing element, pursuant to subdivision (c) of Section 65583 of the Government Code; and
(v) In an abundance of caution and prior to the effective date of SB 131, the City, as the Lead Agency, has analyzed the Project and prepared a Program Environmental Impact Report; and
(vi) 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 a Program Environmental Impact Report (“PEIR”) for the Project. The Notice of Availability related to the PEIR was released by the City for public comment on April 4, 2025 and concluded on May 19, 2025.
(vii) Said comments were responded through a Comments and Responses section as part of the PEIR for the Project; and
(viii) A copy of the PEIR was circulated through the State Clearinghouse (SCH# 2023120387), 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 PEIR and Mitigation Monitoring and Reporting Program (Exhibit B) was posted on the project’s dedicated website https://www.irwindaleca.gov/570/Housing-Element-General-Plan-Update; and
(ix) The public review period for the Draft EIR ended on May 19, 225, and two (2) comments were received during the comment period; and (x) A Program Environmental Impact Report (“PEIR”), SCH# 2023120387 was prepared for the proposed Project, including the Draft PEIR, comments received on the Draft PEIR and responses to those comments, and revisions and corrections to the Draft PEIR made in response to comments received, and CEQA Findings of Fact (FOF) and a Statement of Overriding Considerations (SOC) (Exhibit B); and
(xi) The PEIR provides an assessment of the environmental impacts, alternatives, and mitigation measures associated with the Project, 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 (xii) The City Council of the City of Irwindale has considered the PEIR and its implementing actions (State Clearinghouse No. SCH# 2023120387) for the Project, which provides, among other provisions, for the amendment to the City’s General Plan and Zoning Code to implement the City’s 6th Cycle 2021-2029 Housing Element; and
(xiii) Notice of public hearing before the City Council concerning its consideration of the PEIR was given in accordance with the laws, including CEQA, and policies of the City of Irwindale; and
(xiv) On July 30, 2025, the Planning Commission conducted a duly noticed public hearing on the Project and corresponding General Plan Amendment Nos. 03-2025, 04-2025, 05-2025, 06-2025, Zone Ordinance Amendment No. 05-2025, and Zone Change Nos. 05-2025, 06-2025, 07-2025, 08-2025, and 09-2025, at which time, the Planning Commission opened the public hearing, took testimony on the Application, at which time they received input from staff and project consultants, the Assistant City Attorney, heard public testimony, discussed the Proposed Project; and closed the public hearing; and
(xv) On August 27, 2025, the City Council conducted a duly noticed public hearing on the Project and corresponding entitlements, at which time, the City Council opened the public hearing, took testimony on the Application, at which time they received input from staff and project consultants, the City Attorney, heard public testimony, discussed the proposed Project, and closed the public hearing; and
(xvi) 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 FPEIR and supporting documents and materials, does hereby find, determine, resolve and order as follows:
1. CITY COUNCIL RECORD
The proceedings and all evidence introduced before the City Council at its public hearing on the Final PEIR held on August 27, 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 under CEQA.
2. FINAL ENVIRONMENTAL IMPACT REPORT CONTENTS
In accordance with CEQA Guidelines, Section 15132, the FPEIR consists of the following:
a. The Draft Program Environmental Impact Report (DPEIR) or a revision of the Draft;
b. Comments and recommendations received on the DPEIR either verbatim or in summary;
c. A list of persons, organizations, and public agencies comments on the DPEIR;
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 “FPEIR”)
3. ACCOMPANYING DOCUMENTS TO FPEIR.
Documents that shall accompany the FPEIR 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. Adopt Findings of Fact. The City Council hereby adopts and approves, accepts as its own, incorporates as if set forth in full herein, and makes each and every one of the findings contained in the Findings of Fact, attached as Exhibit “B” of this Resolution.
b. Certification of Final Program Environmental Impact Report. The City Council hereby certifies that (1) the FPEIR, attached as Exhibit “A” to this Resolution has been completed in compliance with CEQA; (2) that the FPEIR was presented to the City Council, and it has reviewed and considered the information contained in the FPEIR prior to approving the project; and (3) that the FPEIR reflects the City Council’s independent judgment and analysis. .
c. Mitigation Monitoring and Reporting Program. As more fully identified and set forth in FPEIR and in the Findings of Fact for this Project, which is Exhibit “C” 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. Statement of Overriding Considerations. Even after the adoption of all feasible mitigation measures, 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 also 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.
E 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 27th day of August 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. 2025-75-3663 was adopted at a regular meeting of the Irwindale City Council held on the 27th day of August 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 #2023120387)
https://www.irwindaleca.gov/DocumentCenter/View/11695/Irwindale-GPU-andHEU-Final-PEIR-with-Appendix-A?bidId= 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
Item #22.D.
Date: August 27, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Public Hearing on Resolution of Formation Establishing Community Facilities District 2025- 1 (Sewer Maintenance), Authorizing the Levy of a Special Tax Therein, Approving a Funding Agreement with the Property Owner, Calling an Election and Approving and Authorizing Certain Actions Related Thereto
City Manager's Recommendation:
It is recommended that the Irwindale City Council conduct a public hearing pursuant to the Mello-Roos Community Facilities Act of 1982 (Cal. Gov’t Code §§ 53318-53329.6) and Resolution No. 2025-21- 3609 concerning the City’s intent to establish Community Facilities District No. 2025-1 That the City Council adopt Resolution No. 2025-85-3673 entitled: “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, ESTABLISHING THE CITY OF IRWINDALE COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SEWER MAINTENANCE), AUTHORIZING THE LEVY OF A
SPECIAL TAX THEREIN, APPROVING A FUNDING AGREEMENT WITH THE PROPERTY OWNER, CALLING AN ELECTION AND APPROVING AND AUTHORIZING CERTAIN ACTIONS RELATED THERETO.” That the City Council adopt Resolution No. 2025-86-3674 entitled: “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF IRWINDALE COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SEWER MAINTENANCE) CERTIFYING ELECTION RESULTS.”
That the City Council introduce for first reading by title only with further reading waived City Ordinance No. 809 entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,
CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF IRWINDALE COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SEWER MAINTENANCE) AUTHORIZING THE LEVY OF SPECIAL TAXES"
Administrative Action:
Submitted & Prepared by:
Kambiz Borhani, Finance Director / City Treasurer
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
SUMMARY
On July 9, 2025, the City Council approved Resolution No. 2025-21-3609, a resolution that will implement a requirement for new industrial development to provide adequate resources for the provision of services and maintenance of facilities impacted by the development. Approval of the resolution was the first step in the creation of a new Sewer Maintenance Community Facilities District (“CFD 2025-1”) that will provide the mechanism to collect appropriate and necessary taxes to provide services and ongoing maintenance of facilities required to meet the demands of new development in the City. The City is now holding a public hearing no earlier than 30 days after the intent meeting to complete the formation of the new district.
BACKGROUND
The California Legislature enacted the Mello-Roos Community Facilities Act of 1982, as amended (Government Code Sections 53311 et seq.) (the “Act”), to provide an alternate method of financing certain public capital facilities and services, especially in the developing areas of the State. Once duly established by a city, county, or other local agency, a Community Facilities District is a legally formed governmental entity with defined boundaries, with the governing board or legislative body of the local agency acting on its behalf. Subject to approval by a two-thirds vote of qualified electors in compliance with the provisions of the Act, a legislative body of a local agency may levy and collect a special tax within a CFD to finance the provision of services and ongoing maintenance of facilities. If there are fewer than twelve (12) registered voters within the boundaries of a proposed CFD, the qualified electors are the landowners in the CFD, and votes are allocated by acreage. If 100% of the qualified landowner electors agree, the time periods and other matters relating to the election can be streamlined.
PRESENT SITUATION
In connection with the approval process for the project, the developer has agreed to form CFD 2025-1.
With the developer ready to proceed, the project boundary is proposed to be the boundary of CFD 2025-1.
The project is a roughly 89.636-acre parcel that will include approximately 1.7 million square feet of industrial and commercial development and is located at 15990 Foothill Boulevard, north of the I-210 Freeway. The project area consists entirely of assessor’s parcel numbers 8604-019-003, 8604-019-001, and 8604-019-010, which are bounded by Huntington Dr, East Foothill Blvd, Irwindale Ave, and the Foothill Freeway.
The City Council approved the resolution of intention on July 9, 2025, and began the process of forming CFD 2025-1. Council will now hold a public hearing on the formation of CFD 2025-1, followed by approval of the formation (Resolution of Formation). The date of the public hearing is today, August 27, 2025, at 6:00 p.m. in the Council Chambers.
If formed, CFD 2025-1 will provide a funding mechanism for Sewer Maintenance and maintenance impacts attributable to the project. The special tax will be used to fund the provision of various eligible sewer services, including operation, maintenance and servicing of public sewer facilities, routine inspections and monitoring, preventative maintenance, such as cleaning, pressure tests, and root treatments, regular repairs and replacements, flood and storm protection services, including, but not limited to, the operation and maintenance of storm drainage systems, and other services as authorized by the Act. The service needs of each project will vary based on the final project design.
The special tax proposed to be levied in CFD 2025-1 will fund services with a tax at a rate of $0.0472 per building square foot. The tax is collected as part of the annual property tax bill and escalates at the rate CPI increases up to a maximum of 10% per year, existing in perpetuity.
RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Parcels within CFD 2025-1 will pay a maximum annual special tax based on the rate and method of apportionment, and manner of collection of special tax, commonly referred to as the Special Tax Formula.
Each year, the City will determine the annual costs for the services and maintenance to be paid by CFD 2025-1. The annual costs will include:
▪ Annual service costs, including maintenance and replacement reserves attributable to parcels in CFD 2025-1; and
▪ Administrative expenses.
and the special taxes will escalate annually at the rate CPI increases up to a maximum of 10% per year, and they will be levied in perpetuity or until the services are no longer needed.
The Act allows for the annual administrative costs of the district to be included in the annual tax levy.
Fiscal Impact:
The developer provided a deposit to fund the formation of CFD 2025-1. The City is not expecting any costs to be drawn from general funds for the formation of CFD 2025-1.
Attachments:
1. Resolution No. 2025-86-3674
2. Resolution No. 2025-85-3673
3. Ordinance No. 809
4. Map - Recorded on 7.21.2025
5. CFD Report - City of Irwindale CFD No. 2025-1 (Sewer Maintenance)
01005.0008 2029346.1 Resolution No. 2025-86-3674
RESOLUTION NO. 2025-86-3674
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,
CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF IRWINDALE COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SEWER
MAINTENANCE) CERTIFYING ELECTION RESULTS
WHEREAS, the City Council of the City of Irwindale called and duly held an election on August 27, 2025, within the boundaries of the City of Irwindale Community Facilities District No. 2025-1 (Sewer Maintenance) pursuant to Resolution No. 2025-85- 3673 for the purpose of presenting to the qualified electors within the District Propositions A and B attached hereto as Exhibit A; and
WHEREAS, there has been presented to this City Council a certificate of the Chief Deputy City Clerk canvassing the results of the election, a copy of which is attached hereto as Exhibit B.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRWINDALE AS FOLLOWS:
Section 1. Each of the above recitals is true and correct.
Section 2. Propositions A and B presented to the qualified electors of the District on August 25, 2025, were approved by two-thirds or more of the votes cast at said election and Propositions A and B each has carried. The City Council, acting as the legislative body of the District, is hereby authorized to levy on the land within the District the special tax described in Proposition A for the purposes described therein.
Section 3. The Chief Deputy City Clerk is hereby directed to record in the Assessor-County Clerk-Recorder’s office of the County of Los Angeles within fifteen days of the date hereof a notice of special tax lien with respect to the District which Bond Counsel to the District shall prepare in the form required by Streets and Highways Code Section 3114.5.
Section 4. This Resolution shall be effective upon its adoption.
Resolution No. 2025-86-3674
PASSED, APPROVED AND ADOPTED this 27th day of August 2025.
CITY COUNCIL OF THE CITY OF
IRWINDALE
By:_______________________________
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. 2025-86-3674 was duly adopted by the City Council of the City of Irwindale at a regular meeting held on the 27th day of August 2025, by the following votes:
AYES:
NOES:
ABSENT:
Laura M. Nieto, MMC
Chief Deputy City Clerk
Page A-1
EXHIBIT A
BALLOT PROPOSITIONS
CITY OF IRWINDALE
COMMUNITY FACILITIES DISTRICT NO. 2025-1 (Sewer Maintenance)
SPECIAL TAX ELECTION
August 27, 2025
PROPOSITION A: Shall a special tax with a rate and
method of apportionment as provided in the
resolution establishing Community Facilities District
No. 2025-1 (Sewer Maintenance) adopted on August
27, 2025 (the “Resolution of Formation”) by the City
Council of the City of Irwindale establishing the
District be levied to pay for the Services, Services
Incidental Expenses and other purposes described in
the Resolution of Formation?
YES______
NO_______
PROPOSITION B: For each year commencing with
Fiscal Year 2025-2026, shall the appropriations limit,
as defined by subdivision (h) of Section 8 of
Article XIII B of the California Constitution, for
Community Facilities District No. 2025-1 (Sewer
Maintenance) be an amount equal to $150,000?
YES______
NO_______
Page B-1
EXHIBIT B
CERTIFICATE OF CHIEF DEPUTY CITY CLERK
AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that I have examined the returns of the Special Tax Election for City of Irwindale Community Facilities District No. 2025-1 (Sewer Maintenance). The election was held in the City of Irwindale Council Chambers, 5050 North Irwindale Avenue, Irwindale, California, on August 27, 2025. I caused to be delivered ballots to each qualified elector.
One (1) ballot was returned.
I further certify that the results of said election and the number of votes cast for and against Propositions A and B are as follows:
PROPOSITION A PROPOSITION B
YES: YES:
NO: NO:
TOTAL: TOTAL:
Dated this 27th day of August 2025.
Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2025-85-3673
RESOLUTION NO. 2025-85-3673
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,
CALIFORNIA, ESTABLISHING THE CITY OF IRWINDALE COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SEWER MAINTENANCE), AUTHORIZING THE LEVY OF A
SPECIAL TAX THEREIN, APPROVING A FUNDING AGREEMENT WITH THE
PROPERTY OWNER, CALLING AN ELECTION AND APPROVING AND
AUTHORIZING CERTAIN ACTIONS RELATED THERETO
WHEREAS, the City Council of the City of Irwindale has heretofore adopted Resolution No. 2025-21-3609 (the “Resolution of Intention”) stating its intention to form City of Irwindale Community Facilities District No. 2025-1 (Sewer Maintenance) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and
WHEREAS, a copy of Resolution of Intention setting forth a description of the proposed boundaries of Community Facilities District No. 2025-1 (Sewer Maintenance), the services and incidental expenses to be financed by the District and the rate and method of apportionment of the special tax proposed to be levied within the District is on file with the Chief Deputy City Clerk; and
WHEREAS, notice was published and mailed to all landowners of the land proposed to be included within the District as required by law relative to the intention of this City Council to form proposed Community Facilities District No. 2025-1 (Sewer Maintenance) and to levy a special tax therein to finance the services and incidental expenses described in Resolution of Intention; and
WHEREAS, on August 27, 2025, this City Council conducted a noticed public hearing as required by law relative to the proposed formation of Community Facilities District No. 2025-1 (Sewer Maintenance), and the levy of the special tax therein; and WHEREAS, at the August 27, 2025 public hearing, there was filed with this City Council a report containing a description of the services necessary to meet the needs of the District and an estimate of the cost of such services as required by Section 53321.5 of the Act (the “Engineer’s Report”); and
WHEREAS, at the August 27, 2025, public hearing, all persons desiring to be heard on all matters pertaining to the formation of Community Facilities District No. 2025- 1 (Sewer Maintenance), and the levy of the special tax were heard, and full and fair hearings was held; and
WHEREAS, following the public hearing, this City Council has determined to authorize the formation of the District to finance the types of services (the “Services”) and the incidental expenses permitted by law (the “Services Incidental Expenses”) set forth in Attachment “B” hereto, which are described in more detail in the Engineer’s Report; and
Resolution No. 2025-85-3673
WHEREAS, at the public hearing evidence was presented to this City Council on the matters before it and the proposed special tax to be levied within the District was not precluded by a majority protest of the type described in Section 53324 of the Act, and this City Council at the conclusion of the hearing was fully advised as to all matters relating to the formation of the District, and the levy of the special tax; and WHEREAS, this City Council has determined, based on a Certificate of Registrar of Voters of the County of Riverside on file in the office of the Chief Deputy City Clerk, that no registered voters have been residing in the proposed boundaries of Community Facilities District No. 2025-1 (Sewer Maintenance) for each of the 90 days prior to August 27, 2025 and that the qualified electors in Community Facilities District No. 2025-1 (Sewer Maintenance) are the landowners within the District; and WHEREAS, on the basis of all of the foregoing, this City Council has determined to proceed with the establishment of Community Facilities District No. 2025-1 (Sewer Maintenance) and to call an election therein to authorize (i) the levy of special taxes pursuant to the rate and method of apportionment of the special tax, as set forth in Attachment “A” attached hereto, and (ii) the establishment of an appropriations limit for Community Facilities District No. 2025-1 (Sewer Maintenance); and WHEREAS, this City Council has also determined to allow the City, on behalf of the District, to enter into a Funding Agreement with the property owner related to the funding of the services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRWINDALE AS FOLLOWS:
Section 1. Each of the above recitals is true and correct.
Section 2. A community facilities district to be designated “Community Facilities District No. 2025-1 (Sewer Maintenance) of the City of Irwindale” is hereby established pursuant to the Act. The City Council hereby finds and determines that all prior proceedings taken with respect to the establishment of the District were valid and in conformity with the requirements of law, including the Act. This finding is made in accordance with the provisions of Section 53325.1(b) of the Act.
Section 3. The boundaries of Community Facilities District No. 2025-1 (Sewer Maintenance) are established as shown on the map designated “Proposed Boundary Map City of Irwindale Community Facilities District No. 2025-1 (Sewer Maintenance), County of Los Angeles, State of California,” which map is on file in the office of the Chief Deputy City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the City of County Book of Maps of Assessment and Community Facilities Districts in the Assessor-County Clerk-Recorder’s office of the County of Los Angeles in Book No. 197 Page No. 11, on July 21, 2025 as Instrument No. 2025-0488707.
Resolution No. 2025-85-3673
Section 4. The types of Services and Services Incidental Expenses authorized to be provided for Community Facilities District No. 2025-1 (Sewer Maintenance) are those set forth in Attachment “B” attached hereto. The estimated cost of the Services and Services Incidental Expenses to be financed is set forth in the Engineer’s Report, which estimates may change as the facilities being serviced or the Services are designed and bid or undertaken, as applicable. The City Council hereby approves of and authorizes the City Manager, on behalf of the City for the District to enter into the Funding Agreement with the property owner with respect to the funding of the Services in the form attached as Attachment D hereto and by this reference incorporated herein.
Section 5. The City Council finds and determines that the proposed Services are necessary to meet the increased demand that will be placed upon local agencies and public infrastructure as a result of new development within the District and that the Services to be financed benefit residents of the City and the future residents of the District.
The City Council finds and determines that the proposed Services are necessary to meet the increased demand that will be placed upon local agencies and public infrastructure as a result of new development within the District and that the Services to be financed benefit residents of the City and the future residents of the District.
Section 6. Except where funds are otherwise available, it is the intention of this City Council, subject to the approval of the eligible voters of the District, to levy annually a special tax at the rates set forth in Attachment “A” hereto on all non-exempt property within the District sufficient to pay for the Services and the Services Incidental Expenses.
The District expects to incur, and in certain cases has already incurred, Services Incidental Expenses in connection with the creation of the District, the levying and collecting of the special tax, and the annual administration of the District. The rate and method of apportionment of the special tax is described in detail in Attachment “A” hereto and incorporated herein by this reference, and the City Council hereby finds that Attachment “A” contains sufficient detail to allow each landowner within the District to estimate the maximum amount that may be levied against each parcel. As described in greater detail in the Engineer’s Report, which is incorporated by reference herein, the special tax is based on the expected demand that each parcel of real property within Community Facilities District No. 2025-1 (Sewer Maintenance) will place on the Services and on the benefit that each parcel will derive from the right to access the Services and, accordingly, is hereby determined to be reasonable. The special tax shall be levied on each assessor’s parcel perpetually so long as the Services are being provided within CFD No. 2025-1 (Sewer Maintenance). The special tax is apportioned to each parcel on the foregoing bases pursuant to Section 53325.3 of the Act and such special tax is not on or based upon the ownership of real property or the assessed value of real property.
Section 7. The City Manager or Finance Director of the City of Irwindale, 5050 North Irwindale Avenue, Irwindale CA 91706, telephone number (626) 430-2200, will be responsible for preparing annually, or authorizing a designee to prepare, a current roll of special tax levy obligations by assessor’s parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act.
Resolution No. 2025-85-3673
Section 8. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the special tax by the District ceases.
Section 9. Consistent with Section 53325.6 of the Act, the City Council finds and determines that the land within Community Facilities District No. 2025-1 (Sewer Maintenance), if any, devoted primarily to agricultural, timber or livestock uses and being used for the commercial production of agricultural, timber or livestock products is contiguous to other land within Community Facilities District No. 2025-1 (Sewer Maintenance) and will be benefited by the Services proposed to be provided within Community Facilities District No. 2025-1 (Sewer Maintenance).
Section 10. It is hereby further determined that there is no ad valorem property tax currently being levied on property within proposed Community Facilities District No. 2025-1 (Sewer Maintenance) for the exclusive purpose of paying for the same services to the territory of Community Facilities District No. 2025-1 (Sewer Maintenance) as are proposed to be provided by the Services to be financed by Community Facilities District No. 2025-1 (Sewer Maintenance).
Section 11. Written protests against the establishment of the District have not been filed by one-half or more of the registered voters within the boundaries of the District or by the property owners of one-half (1/2) or more of the area of land within the District.
The City Council hereby finds that the proposed special tax has not been precluded by a majority protest pursuant to Section 53324 of the Act.
Section 12. An election is hereby called for Community Facilities District No. 2025-1 (Sewer Maintenance) on the propositions of levying the special tax on the property within Community Facilities District No. 2025-1 (Sewer Maintenance) and establishing an appropriations limit for the District pursuant to Section 53325.7 of the Act. The language of the propositions to be placed on the ballot is attached hereto as Attachment “C.” Section 13. The date of the election for Community Facilities District No. 2025-1 (Sewer Maintenance) on the propositions of authorizing the levy of the special tax and establishing an appropriations limit for the District shall be August 27, 2025, or such later date as is consented to by the Chief Deputy City Clerk of the City of Irwindale; provided that, if the election is to take place sooner than 90 days after August 27, 2025, then the unanimous written consent of each qualified elector within the District to such election date must be obtained. The polls shall be open for said election immediately following the public hearing. The election shall be conducted by the Chief Deputy City Clerk.
Except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating the elections of the City of Irwindale insofar as such provisions are determined by the Chief Deputy City Clerk to be applicable. The Chief Deputy City Clerk is authorized to conduct the election following the adoption of this resolution, and all ballots shall be received by, and the Chief Deputy City Clerk shall close
Resolution No. 2025-85-3673
the election by 6:00 p.m. on the election day; provided the election shall be closed at such earlier time as all qualified electors have voted as provided in Section 53326(d) of the Act.
Pursuant to Section 53326 of the Act, the ballots for the special election shall be distributed in person, or by mail with return postage prepaid, to the qualified electors within Community Facilities District No. 2025-1 (Sewer Maintenance). The Chief Deputy City Clerk has secured a certified copy of the Certificate of Registrar of Voters of the County of Los Angeles certifying that there were no registered voters within the District.
Accordingly, since there were fewer than 12 registered voters within the District for each of the 90 days preceding August 27, 2025, the qualified electors shall be the landowners within the District and each landowner, or the authorized representative thereof, shall have one vote for each acre or portion thereof that such landowner owns within Community Facilities District No. 2025-1 (Sewer Maintenance), as provided in Section 53326 of the Act. The landowners within the District have executed and delivered a petition with waivers of certain election law requirements and consenting to the holding of the election on August 27, 2025, which petition with waivers are on file with the Chief Deputy City Clerk.
Section 14. The preparation of the Engineer’s Report is hereby ratified. The Engineer’s Report, as submitted, is hereby approved and was made as part of the record of the public hearing regarding the formation of Community Facilities District No. 2025-1 (Sewer Maintenance). The Engineer’s Report is ordered to be kept on file with the transcript of these proceedings and open for public inspection.
Section 15. The District may accept advances of funds or work-in-kind from any source, including, but not limited to, private persons or private entities, for any authorized purpose, including, but not limited to, paying any cost incurred in creating Community Facilities District No. 2025-1. The District may enter into an agreement with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council, with or without interest.
Section 16. This Resolution shall be effective upon its adoption.
Resolution No. 2025-85-3673
PASSED, APPROVED AND ADOPTED this 27th day of August 2025.
CITY COUNCIL OF THE CITY OF
IRWINDALE
By:_______________________________
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. 2025-85-3673 was duly adopted by the City Council of the City of Irwindale at a regular meeting held on the 27th day of August 2025, by the following votes:
AYES:
NOES:
ABSENT:
Laura M. Nieto, MMC
Chief Deputy City Clerk
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ATTACHMENT “A”
RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX
For the City of Irwindale Community Facilities District No. 2025-1 (Sewer Maintenance), County of Los Angeles, State of California The Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels within the City of Irwindale Community Facilities District No. 2025-1 (Sewer Maintenance), (“CFD No. 2025-1”), other than Assessor’s Parcels classified as Exempt Property as defined herein and collected each Fiscal Year commencing in Fiscal Year 2025-26, in an amount determined by the CFD Administrator through the application of the procedures described below. All the real property within CFD No. 2025-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the following actual or reasonably estimated expenses related to the administration of CFD No. 2025-1: the costs of determining the amount of the levy of the Special Tax, the collection of Special Taxes, including the expenses of collecting delinquencies and pursuing foreclosures, the payment of a proportional share of salaries and benefits of any City employee and City overhead whose duties are directly related to the administration of CFD No. 2025-1, fees and expenses for counsel, audits, costs associated with responding to public inquiries regarding CFD No. 2025-1, and any and all other costs incurred in connection with the administration of CFD No. 2025-1. “Annual Escalation Factor” means the annual percentage increase of the All Urban Consumers Consumer Price Index (“CPI”) up to a maximum of 10%. The annual CPI used shall be for the area of Los Angeles-Long Beach-Anaheim, CA as determined by the Bureau of Labor Statistics for the twelve (12) months ending the preceding December 31, or such other replacement index as may be determined by the City. “Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.
“Assigned Special Tax for Developed Property” means the Special Tax Amount applicable to each Assessor’s Parcel of Developed Property for each Land Use Class, as described in accordance with Section C.1 below.
A-2
“Backup Special Tax for Developed Property” means the Special Tax Amount applicable to each Assessor’s Parcel of Developed Property, as determined in accordance with Section C.1 below. “Base Year” means Fiscal Year beginning July 1, 2025 and ending June 30, 2026. “Building Permit” means a permit issued for new construction of a non-residential structure. For purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, grading, utility improvements, or other such improvements not intended for human habitation. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax for CFD No. 2025-1. “CFD No. 2025-1” means City of Irwindale Community Facilities District No. 2025-1 (Sewer Maintenance) established by the City Council under the Act.
“City” means the City of Irwindale.
“City Council” means the Council of the City of Irwindale, acting as the legislative body of CFD No. 2025-
1. “County” means the County of Los Angeles.
“Developed Property” means an Assessor’s Parcel of Taxable Property for which a Building Permit was issued on or before June 1 preceding the Fiscal Year for which the Special Tax is being levied. “Exempt Property” means all Assessor’s Parcels within CFD No. 2025-1 that are exempt from the Special Tax pursuant to the Act or Section F herein.
“Fiscal Year” means the period commencing on July 1 of any year and ending the following June 30. “Land Use Type” means any of the land use types listed in Table 1 below. “Maximum Special Tax” means the maximum Special Tax determined in accordance with Section C, which may be levied in any Fiscal Year on an Assessor’s Parcel of Taxable Property. “Sewer Maintenance” means those authorized services that may be funded by CFD No. 2025-1 pursuant to the Act, as amended including but not limited to operation, maintenance and servicing of public sewer facilities with a useful life of five years or more. Sewer Maintenance funded by the City or other special districts shall not be eligible for CFD No. 2025-1 funding. “Non-Residential Property” means any Assessor’s Parcel classified as Developed Property, for which a building permit has been issued for the purposes of constructing one or more buildings that will not be used for residential purposes.
“Other Developed Property” means all Assessor’s Parcels of Developed Property within CFD No. 2025-1 not classified as Non-Residential Property.
“Property Owner Association Property” means for each Fiscal Year any property within the boundaries of CFD No. 2025-1 that was owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub-association, as of June 1.
A-3
“Proportionately” means in a manner such that the ratio of the actual Special Tax levy to the Assigned Special Tax or Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Class. “Provisional Property” means all Assessor’s Parcels of property that would otherwise be classified as Exempt Property pursuant to the provisions of Section F, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage as set forth in Section F.
“Public Property” means any property that is owned by, dedicated or irrevocably dedicated to a city, the federal government, the State of California, the County, or any other public agency (each, a “Public Entity”); provided, however, that any such property is leased by such a Public Entity to a private entity and is thereby subject to taxation pursuant to Section 53340.1 of the Act, such leasehold estate shall be classified and taxed according to the use thereof.
“Special Tax” means the special tax authorized to be levied within CFD No. 2025-1 pursuant to the Act, to fund the Special Tax Requirement.
“Special Tax Requirement” means the amount, as determined by the CFD Administrator, for any Fiscal Year to: (i) pay the costs of providing the Sewer Maintenance during such Fiscal Year, (ii) pay Administrative Expenses associated with the Special Tax, (iii) establish or replenish any operational reserve fund established for Sewer Maintenance, (iv) pay incidental expenses related to the Sewer Maintenance as authorized pursuant to the Act, (v) fund an amount equal to a reasonable estimate of delinquencies expected to occur in the Fiscal Year in which the Special Tax will be levied (“Estimated Special Tax Delinquency Amount”) and (vi) fund the shortfall, if any, in the Special Tax revenues collected in the preceding Fiscal Year necessary to fund the Special Tax Requirement for such Fiscal Year where such shortfall resulted from delinquencies in the payment of the Special Tax in such Fiscal Year that exceeded the Estimated Special Tax Delinquency Amount included in the Special Tax Requirement for such Fiscal Year.
“Taxable Property” means all Assessor’s Parcels that are not exempt from the Special Tax pursuant to the Act or Section H.
“Undeveloped Property” means an Assessor’s Parcel of Taxable Property which is not classified as Developed Property.
B. CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2025-26, using the definitions above, each Assessor’s Parcel within CFD No. 2025-1 shall be classified by the CFD Administrator as Taxable Property or Exempt Property. In addition, each such Fiscal Year, each Assessor’s Parcel of Taxable Property shall be further classified by the CFD Administrator as Developed Property, Undeveloped Property or Provisional Property.
Commencing with Fiscal Year 2025-26 and for each subsequent Fiscal Year, all Developed Property shall be assigned a Land Use Type and subject to the levy of the Special Tax pursuant to Section C below.
C. SPECIAL TAX RATES
A-4
1. Developed Property
Each Fiscal Year commencing in Fiscal Year 2025-26, each Assessor’s Parcel of Developed Property shall be subject to the Special Tax.
The Maximum Special Tax for Developed Property for Fiscal Year 2025-26 shall be the greater of (i) the Assigned Special Tax for Developed Property determined pursuant to Table 1 below or (ii) the amount derived by application of the Backup Special Tax for Developed Property Pursuant to Table 2 below TABLE 1 Table 2
For each subsequent Fiscal Year commencing July 1, 2026, the Assigned Special Tax and Backup Special Tax rates for Developed Property shall be increased by the Annual Escalation Factor.
2. Undeveloped Property and Provisional Property
The Maximum Special Tax rate for Undeveloped Property and the Maximum Special Tax rate for Provisional Property for Fiscal Year 2025-26 shall be $1,000.70 per Acre.
For each subsequent Fiscal Year commencing July 1, 2026, the rates described above in this section shall be increased by the Annual Escalation Factor.
3. Exempt Property
No Special Tax shall be levied on Exempt Property as defined in Section F.
For each Fiscal Year, if the use or ownership of an Assessor’s Parcel or Exempt Property changes so that such Assessor’s Parcel is no longer classified as one of the uses set forth in Section F, therefore making such Assessor’s Parcel no longer eligible to be classified as Exempt Property, such Assessor’s Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.
D. METHOD OF APPORTIONMENT OF SPECIAL TAX
Commencing in Fiscal Year 2025-26 and for each subsequent Fiscal Year, the CFD Administrator shall levy the Special Tax on all Taxable Property of CFD No. 2025-1 as follows until the total amount of Special Tax levied equals the Special Tax Requirement:
Land Use Type Backup
Special Tax
Non-Residential
Property $1,000.70 per Acre
Other Developed
Property $1,000.70 per Acre
Land Use Type Assigned
Special Tax
Non-Residential
Property
$0.0472 per building
sq. ft.
Other Developed
Property $900.63 per Acre
A-5
1. The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property within CFD No. 2025-1 up to 100% of the Assigned Special Tax for Developed Property.
2. If additional monies are needed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property within CFD No. 2025-1 up to 100% of the Maximum Special Tax for Undeveloped Property.
3. If additional monies are needed, the Special Tax shall be levied proportionally on each Assessor’s Parcel of Developed Property within CFD No. 2025-1 up to 100% of the Backup Maximum Special Tax for Undeveloped and Developed Property.
4. If additional monies are needed, the Special Tax shall be levied proportionally on each Assessor’s Parcel of Provisional Property within CFD No. 2025-1 up to 100% of the Backup Maximum Special Tax for Provisional Property.
Notwithstanding any provision of this Section D to the contrary, under no circumstances will the Special Tax levied against any Assessor’s Parcel of Developed Property that is classified as Residential Property be increased by more than ten percent (10%) per Fiscal Year as a consequence of delinquency or default in the payment of the Special Tax by the owner of any other Assessor’s Parcel.
E. PREPAYMENT OF SPECIAL TAX
The Special Tax shall be levied in perpetuity for the purpose of financing ongoing authorized services and therefore may not be prepaid.
F. EXEMPTIONS
The City Council shall classify as Exempt Property: (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, including but not limited to property designated for open space, trails, pathways, parks or park and recreation related facilities, (iv) property reasonably designated by the City or CFD Administrator as affordable housing, and (v) property reasonably designated by the City or CFD Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors, provided that no such classification would reduce the sum of all Taxable Property to less than 80.24 Acres. Exempt Property status will be assigned by the CFD Administrator in the chronological order in which property becomes eligible for classification as Exempt Property.
G. APPEALS
Any property owner claiming that the amounts or application of the Special Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first installment of the Special Tax. The CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the decision of the CFD Administrator requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s) to compensate for the overpayment of the Special Tax.
H. MANNER OF COLLECTION
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The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the Special Tax may be billed and collected at a different time or in a different manner if necessary to meet the financial obligations of CFD No. 2025-1.
I. DURATION OF TAX
The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement unless such tax is no longer required as determined by the City Council.
J. OTHER DOCUMENTS
The property owner has petitioned for the CFD to maintain and operate certain portions of the sewer system owned by the city for the benefit of its property. Should there be insufficient funds to do the maintenance described herein, the property owner has recorded Covenants Conditions & Restrictions against the property which run with the land and require the payment for the operation of the system. The property owner will also enter into a funding agreement, which will be recorded against the property, to evidence its obligation to fund the operation and maintenance of the system.
B-1
ATTACHMENT B
CITY OF IRWINDALE
COMMUNITY FACILITIES DISTRICT NO. 2025-1
(SEWER MAINTENANCE)
DESCRIPTION OF AUTHORIZED SERVICES
The types of public services proposed to be provided for and financed by CFD No. 2025-1 (Sewer Maintenance) encompass a comprehensive range of operations and tasks designed to ensure the ongoing functionality, safety, and efficiency of the sewer infrastructure within the designated CFD area. The services are including but not limited to:
• Operation, maintenance and servicing of public sewer facilities • Routine inspections and monitoring
• Preventative maintenance, such as cleaning, pressure tests, and root treatments • Regular repairs and replacements
• Flood and storm protection services, including, but not limited to, the operation and maintenance of storm drainage systems
• Other services as authorized by the Act
C-1
ATTACHMENT “C”
BALLOT PROPOSITIONS
COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SEWER MAINTENANCE)
OF THE CITY OF IRWINDALE
SPECIAL TAX ELECTION
August 27, 2025
To vote, mark a cross (+) in the voting square after the word “YES” or after the word “NO.” All marks otherwise made are forbidden.
This ballot is provided to you, as owner or authorized representative of such sole owner of ____ acres of the land within Community Facilities District No. 2025-1 (Sewer Maintenance) (and represents 90 of the votes required for the election.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Irwindale at 5050 North Irwindale Avenue, Irwindale 91706 PROPOSITION A: Shall a special tax with a rate and
method of apportionment as provided in the resolution
establishing Community Facilities District No. 2025-1
(Sewer Maintenance) adopted on August 27, 2025 (the
“Resolution of Formation”) by the City Council of the City of Irwindale establishing the District be levied to pay for the Services, Services Incidental Expenses and other
purposes described in the Resolution of Formation?
YES______
NO_______
PROPOSITION B: For each year commencing with Fiscal
Year 2025-2026, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for Community Facilities District No. 2025-1 (Sewer Maintenance) be an amount equal to
$150,000?
YES______
NO_______
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ATTACHMENT D
FORM OF FUNDING AGREEMENT
SEWER SERVICES FUNDING AGREEMENT
THIS FUNDING AGREEMENT, dated August 7, 2025, is made by and between the City of Irwindale, California, a charter city duly organized and validly existing under the Constitution and law of the State of California, for itself and on behalf of the below defined “District” (the “City,” “District,” or “Party”), and LIT RELIANCE II, LP, a Delaware limited partnership (the “Property Owner” or “Party”) (collectively, the “Parties”).
RECITALS
WHEREAS, the Property Owner owns and plans to develop certain property, consisting of the territory as described in Exhibit “A” hereto and incorporated herein by reference, as Phase I – Building and Lot 1 of a commercial project (the “Project”) and build the sewer infrastructure (“Sewer Facilities”) to serve the Project. The Sewer Facilities shall be owned by the City and the Property Owner has petitioned the City to form a Community Facilities District (“District”) to finance the costs to operate, and maintain the Sewer Facilities, which the City has determined to be in the public interest and beneficial to service such infrastructure;
WHEREAS, based on the petition, the City has initiated proceedings to form the City of Irwindale Community Facilities District No. 2025-1 (Sewer Maintenance) (the “District”) and to levy an annual special tax, to fund the operation and maintenance of the Sewer Facilities; WHEREAS, upon completion and acceptance of the Sewer Facilities, the Property Owner shall dedicate the same to the City, which shall assume responsibility for operation, and maintenance, as described in Exhibit “B” hereto and incorporated herein by reference (the “Services”), contingent upon continued District funding (the “Services”);
WHEREAS, the City through the District will levy the tax annually based on the Rate and Method of Apportionment described in Exhibit “C” hereto and incorporated herein by reference (the “Special Tax” or “Special Taxes”); and
WHEREAS, the Property Owner is responsible for payment of the Special Taxes and any additional sewer fees charged by the county sanitation district.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
ARTICLE I
DISTRICT FORMATION AND FUNDING
1.1 The Property Owner has petitioned to form the District for the purpose of the City financing the costs of operating and maintaining the Sewer Facilities.
1.2 The City has initiated proceedings to form the District in accordance with the Mello-Roos Act of 1986, constituting Government Code Sections 53311 et seq. (the “Act”), which will include certain formation requirements followed by an election to authorize the Special Tax under the Act.
D-2
1.3 The City shall levy the Special Tax if authorized by the election in the District to fund the ongoing operation and maintenance of the Sewer Facilities.
1.4 The Property Owner acknowledges that the Special Tax is secured by a special tax lien which shall be collected through the county tax process or any other method the City determines, including collection agencies or direct billing.
1.5 The Property Owner covenants to continue paying for the operation of the Sewer Facilities in case of tax non-payment, or legal invalidation or overturning of the Special Tax.
1.6. The Property Owner agrees to pay the City’s costs associated with the formation of the District, in accordance with the terms set forth in the Reimbursement Agreement, dated October 22, 2022, and any amendment thereto, incorporated herein by reference, (the “Reimbursement Agreement”), including but not limited to legal fees, administrative expenses, consultant fees, and any other costs necessary for the formation of the District.
ARTICLE II
CONSTRUCTION OF SEWER FACILITIES; RESPONSIBILITY FOR OTHER SEWER
FACILITIES
2.1 The Property Owner shall design, construct, and install the Sewer Facilities in accordance with all applicable federal, state, and local laws, codes, and regulations, including City-approved plans and specifications, approvals and in accordance with the laws of the State of California.
2.2 The Property Owner shall ensure that all work on the Sewer Facilities meets industry standards and is completed professionally, in accordance with all applicable regulations, while incurring all related costs.
2.3 The Property Owner shall ensure that all work performed on the Sewer Facilities is completed in a good and workmanlike manner and in compliance with industry standards. Upon completion of the Sewer Facilities, the Property Owner shall submit as-built plans and all required documentation to the City for review and acceptance. Upon final inspection and approval by the City, the Property Owner shall dedicate the Sewer Facilities to the City through an instrument of conveyance acceptable to the City. Upon dedication and acceptance by the City, the Sewer Facilities shall become the property of the City.
2.4 The Property Owner acknowledges that certain sewer facilities are to be constructed on its property in connection with its Project will be private sewer facilities (“Project Facilities”) and certain and sewer services to its Project will be provided and billed by the County of Los Angeles Sanitation District No. ___ (“County District”) related to its Project (“County Services” and, together with the Project Facilities, known as “Other Sewer Services”). The Project Facilities shall be constructed by the Property Owner . The Property Owner will be responsible for servicing such facilities and paying the County District for services provided to its Project. The operation and maintenance of Other Sewer Services will not be paid for by the Special Taxes of the District.