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RESOLUTION NO. 24-0043
A RESOLUTION OF THE MANHATTAN BEACH CITY
COUNCIL ADOPTING A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM FOR THE 28 th STREET
STORMWATER INFILTRATION PROJECT LOCATED AT
AND AROUND 115 26 TH STREET (CITY OF MANHATTAN
BEACH)
THE MANHATTAN BEACH CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1 . The Manhattan Beach Department of Public Works (“Applicant”) has submitted an application for a Coastal Development Permit to allow the construction of the 28th Street Stormwater Infiltration Project (“Project”) located in and around the County- owned 26th Street Public Parking Facility. More specifically, the Project is located at 115 26th Street (the 26th Street Parking Facility); and within the public right -of-way on the streets surrounding the parking facility, including 26th Street, from Ocean Drive to Manhattan Avenue; 27th Street from Ocean Drive to Manhattan Avenue; Ocean Drive from 26th Street to 27th Street; and Manhattan Avenue from 26th Street to 28th Street; and in the green space on the lower portion of Bruce’s Beach Park east of and adjacent to Manhattan Avenue.
SECTION 2. The Project has been reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”)), and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.). An initial study (“IS”) was prepared pursuant to State CEQA Guidelines
§ 15025 (a). The initial study identified potentially significant impacts in the following eight environmental impact categories: air quality, biological resources, cultural resources, geology and soils, noise, public services, transportation, and tribal cultural resources. The potential environmental impacts generally relate to air pollution due to dust during construction, the potential discovery of unanticipated cultural and tribal cultural resources, construction noise and ground -borne vibration, public safety response times, and construction-related traffic. For each potential impact, the initial study identified mitigation measures that could be imposed in order to reduce potential impacts to a less-than- significant level. Based on the information contained in the initial study, the City concluded that a Mitigated Negative Declaration (“MND”) was the appropriate environmental document to prepare for the Project.
SECTION 3. Based upon this determination, a Draft Initial Study and Mitigated Negative Declaration (“IS/MND”) was prepared in accordance with CEQA Section 21080(c) and Section 15070 of the State CEQA Guidelines. The Draft IS/MND (State Clearinghouse No. SCH 20244020618) was circulated for a 31-day public review from 1 of 25
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February 16, 2024, through March 18, 2024. A Notice of Intent to Adopt (NOI) the MND was mailed to owners and occupants within 100 feet of the Project site, published in The Beach Reporter, advertised on the City’s social media platforms, and posted on signs on and around the Project site. Additionally, the NOI was filed with the Los Angeles County Clerk and the State Clearinghouse and mailed to responsible agencies. The Draft IS/MND was posted on the City’s website, and copies were made available for review at City Hall, the Manhattan Beach branch of the Los Angeles County public library, the Joslyn Community Center, and Manhattan Heights Community Center. The City received seven comments from five individuals, agencies, and Native American tribes on the Draft IS/MND during the public review period. Subsequent to the close of the public comment period, a Final IS/MND was prepared for the Project. It includes a copy of the Draft IS/MND along with any revisions to the draft document, copies of the written comments received on the Draft IS/MND and, although not required by CEQA, responses to said comments. A Mitigation Monitoring and Reporting Program (MMRP) has also been prepared.
SECTION 4 . On May 21, 2024, the City Council conducted a duly noticed public hearing to consider the Project, during which the City Council received a presentation by staff and provided an opportunity for the public to provide evidence and testimony. The City Council also received and reviewed written testimony received by the City prior to the public hearing.
SECTION 5. The record of the public hearing indicates:
A) The legal description of the site is Lots 1, 2, 3, 4, 11, 12, 13, 14, Block 5, Peck’s Manhattan Beach Tract (APNs:
4177024900 & 4177024902), and Lots 1, 2, 3, 4, 5, 12, 13, 14, 15, 16, VAC ST ADJ ON NE and Lots 6,7,8,9,10, and Lot 11, Block 12, Peck’s Manhattan Beach Tract (APN: 4177023900) in the City of Manhattan Beach, County of Los Angeles. The site also includes portions of public right -of-way along 26th, 27th, and 28th streets, and Manhattan Avenue. The site is located in Area District III and is zoned Public and Semipublic (“PS”) at the existing public parking facility and Open Space (“OS”) at the lower portion of the Bruce’s Beach park, with General Plan land use designations of Public Facilities and Parks/Open Space, respectively.
The site is within the appealable portion of the City’s Coastal Zone. The surrounding properties are zoned High- Density Residential (“RH”) to the north, south and east, and PS and RH to the west.
SECTION 6. The City Council has considered the Final MND and MMRP, along with all comments received and the responses to the comments that are contained in the Final MND. The City Council finds, in its independent judgement after considering all relevant evidence in the record of proceedings for the Project, including without limitation the information set forth in the Final MND and MMRP, that there is not substantial evidence supporting a fair argument that the Project may actually produce any significant environmental impacts that cannot be mitigated to a less than significant Res. 24-0043
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level through implementation of those mitigation measures identified in the Final MND and MMRP. Therefore, the City Council finds that the Project will not have a significant environmental impact. The City Council further finds that the Final MND and MMRP reflects the Council’s independent judgment and analysis.
SECTION 7. Based upon the foregoing, and considering all of the evidence in the record, the City Council hereby ADOPTS the Final MND for the Project, adopts the MMRP attached hereto as Exhibit “A”, and requires the Project to comply with each mitigation measure set forth therein.
SECTION 8. Pursuant to Public Resources Code Section 21089(b) and Code Section 711.4(c), the Project cannot be operative, vested, or final until the required Fish and Wildlife filing fees are paid.
SECTION 9. The City Council hereby directs the Public Works Director to file a notice of determination with the State Clearinghouse and the office of the Los Angeles County Clerk.
SECTION 10. The City Clerk, at 1400 Highland Avenue, Manhattan Beach, CA 90266 is the custodian of the documents and other materials that constitute the record of proceedings upon which this decision is based.
SECTION 11. The City Clerk shall certify the adoption of this Resolution.
ADOPTED on May 21, 2024.
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
JOE FRANKLIN
Mayor
ATTEST:
_________________________________
LIZA TAMURA
City Clerk
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City of Manhattan Beach California Environmental Quality Act Mitigation Monitoring and Reporting Program
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28th Street Storm Drain Infiltration Project
also referred to as 28th Street Stormwater Infiltration Project Mitigation Monitoring and Reporting
Mitigation Measure Implementation
Party
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AIR-1
Pursuant to Rule 403 of the SCAQMD, the
following dust minimizing measures shall be
implemented:
City of Manhattan Beach and its
designees shall comply with all applicable
SCAQMD Rules and Regulations,
including Rule 403 ensuring the cleanup
of construction-related dirt on approach
routes to the site. Rule 403 prohibits the
release of fugitive dust emissions from
any active operation, open storage pile
or disturbed surface area visible beyond
the property line of the emission source.
City of Manhattan Beach and its
designees shall comply with all SCAQMD
established minimum requirements for
construction activities to reduce fugitive
dust and PM10 emissions.
City of Manhattan Beach will encourage
contractors to use low-emission
equipment meeting
Tier II emissions standards at a
minimum, and Tier III and IV emissions
standards, where available, as CARB-
required emissions technologies become
readily available to contractors in the
region.
City of Manhattan
Beach Construction
City of
Manhattan
Beach
N/A
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Mitigation Measure Implementation
Party
Implementation
Phase
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Coordination
Adequate water application techniques
shall be employed to mitigate the impact
of construction-related dust particulates.
Portions of the site that are undergoing
surface earth moving operations shall be
watered to mitigate blowing dust, and to
ensure visible emissions do not exceed
100 feet in any direction. Areas with
surface earth moving operations shall be
re-watered at the end of each day.
Grading operations shall be suspended
during first stage ozone episodes or
when winds exceed 25 mph. A high
wind response plan shall be formulated
for enhanced dust control if winds are
forecast to exceed 25 mph in any
upcoming 24-hour period.
Any construction equipment using direct
internal combustion engines shall use a
diesel fuel with a maximum of 0.05
percent sulfur and four-degree retard.
Construction operations affecting
roadways within the project area
including detour routes, shall be
scheduled by implementing traffic hours
and shall minimize obstruction of
through traffic lanes.
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28th Street Storm Drain Infiltration Project
also referred to as 28th Street Stormwater Infiltration Project Mitigation Monitoring and Reporting
Mitigation Measure Implementation
Party
Implementation
Phase
Monitored
By
Outside Agency
Coordination
The engines of idling trucks or heavy
equipment shall be turned off if the
expected duration of idling exceeds five
minutes.
On-site heavy equipment used during
grading and construction shall be
equipped with diesel particulate filters
unless it is demonstrated that such
equipment is not available, or its use is
not cost-competitive.
All haul trucks leaving or entering the
site shall be covered and have at least
two feet of freeboard.
Any on-site stockpiles of debris, dirt or
other dusty material shall be covered or
watered twice daily.
Any site access points with soil deposits
on any public right-of-way shall be
mechanically or manually swept within
30 minutes of deposition.
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City of Manhattan Beach California Environmental Quality Act Mitigation Monitoring and Reporting Program
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28th Street Storm Drain Infiltration Project
also referred to as 28th Street Stormwater Infiltration Project Mitigation Monitoring and Reporting
Mitigation Measure Implementation
Party
Implementation
Phase
Monitored
By
Outside Agency
Coordination
BIO-1
Prior to ground-disturbing activities in areas that
could support sensitive biological resources, a
habitat assessment shall be conducted by a
qualified biologist to determine the potential for
special-status wildlife species to occur within
affected areas, including areas directly or
indirectly impacted by construction or operation
of the BMPs. If a special-status wildlife species is
found, pre-construction surveys of proposed
work zones shall be conducted 14 days prior to
construction. Areas, including construction
areas, staging areas, and rights-of-way, shall be
staked, flagged, fenced, or otherwise clearly
delineated to restrict the limits of construction to
the minimum necessary near areas that may
support special-status wildlife species. If
avoidance is not possible, the City of Manhattan
Beach shall consult with the appropriate
regulating agency (United States Army Corps of
Engineers (USACE)/USFWS/California
Department of Fish and Wildlife (CDFW)) to
determine a strategy for compliance with the
Endangered Species Act, California Fish and
Wildlife Code, or other regulations supporting
special-status species. The City of Manhattan
Beach will work together with those regulating
agencies to determine appropriate impact
City of Manhattan
Beach Pre-Construction
City of
Manhattan
Beach
United States Army
Corps of Engineers
United States Fish
and Wildlife Service
California
Department of Fish
and Wildlife
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minimization measures and compensation for
any permanent impacts due to the Project.
BIO-2
To protect nesting birds that may occur on site
or adjacent to the Project boundary, no
construction shall occur from February 1 through
September 15, as early as January 1 for some
raptors, unless a qualified biologist completes a
survey for nesting bird activity within a 500-foot
radius of publicly accessible area within the
construction site. The nesting bird surveys shall
be conducted at appropriate nesting times and
concentrate on potential roosting or perch sites.
The City of Manhattan Beach shall require
surveys be conducted by a qualified biologist no
more than 7 days prior to the beginning of any
Project-related activity likely to impact raptors
and migratory songbirds, for the entire Project
site. If Project activities are delayed or
suspended for more than 7 days during the
breeding season, the surveys shall be repeated.
If nesting raptors and migratory songbirds are
identified, the following minimum no-disturbance
buffers shall be implemented: 300 feet around
active passerine (perching birds and songbirds)
nests, 500 feet around active non-listed raptor
nests, and 0.5 mile around active listed bird
nests. These buffers shall be maintained until
the breeding season has ended or until a
City of Manhattan
Beach Pre-Construction
City of
Manhattan
Beach
California
Department of Fish
and Wildlife
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Mitigation Measure Implementation
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qualified biologist has determined that the birds
have fledged and are no longer reliant upon the
nest or parental care for survival. Any sensitive
and special status species data documented by
the Project shall be submitted to the California
Natural Diversity Database with all applicable
data fields filled out. The City of Manhattan
Beach and/or a designee will notify the CDFW
once submitted.
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Mitigation Measure Implementation
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BIO-3
The Project shall implement Best Management
Practices (BMPs) to prevent erosion and the
discharge of sediment and pollutants into
drainages during Project activities. BMPs shall be
monitored and repaired, as necessary, to ensure
maximum erosion, sediment, and pollution
control. The Project proponent shall prohibit the
use of erosion control materials potentially
harmful to fish and wildlife species, such as
mono-filament netting (erosion control matting)
or similar material. All fiber rolls, straw wattles,
and/or hay bales utilized within and adjacent to
the Project site shall be free of nonnative plant
materials. Fiber rolls or erosion control mesh
shall be made of loose-weave mesh that is not
fused at the intersections of the weave, such as
jute, or coconut (coir) fiber, or other products
without welded weaves.
City of Manhattan
Beach Construction
City of
Manhattan
Beach
N/A
CUL-1
If previously unidentified cultural resources are
unearthed during ground activity, all work shall
immediately be suspended within 100 feet of the
discovery and the City shall be immediately
notified. A qualified archaeologist shall assess
the significance of the find and determine if it is
a California Register of Historic Resource
City of Manhattan
Beach Construction
City of
Manhattan
Beach
Gabrieleño Band of
Mission Indians –
Kizh Nation
Native American
Heritage
Commission
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(CRHR)-eligible archaeological resource and/or
cultural resource. Additionally, a tribal cultural
specialist from the Kizh Nation or other
traditionally and culturally affiliated (TCA) tribe
shall assess the significance of any Tribal Cultural
Resource under Assembly Bill 52 of the California
Environmental Quality Act (CEQA).
If the qualified archaeologist determines that
adverse impacts to significant archaeological
resources could occur during the Project, then
the resources shall be avoided from direct
Project impacts by Project redesign, if feasible.
If the resource cannot be avoided, then an
archaeological treatment plan shall be developed
and implemented with input from a tribal cultural
specialist from the Kizh Nation or other TCA
tribe. The qualified archaeologist shall remain
on-site for the remainder of excavation activities,
or until the archaeologist determines that the site
will not impact any archaeological or cultural
resources. During daily monitoring activities, the
archaeologist shall complete monitoring logs,
which will provide descriptions of daily activities,
including construction activities, project location,
soils, and any cultural materials identified.
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Mitigation Measure Implementation
Party
Implementation
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Outside Agency
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If the qualitied archaeologist determines that the
discovery is not significant as an archeological
resource due to its lack or provenience or
otherwise fails to “add to our understanding of
the prehistory of the area” and the find is still
considered significant as a TCR, then the TCA
tribe can determine the best treatment of the
find. This could include reburial (curated onsite),
curation at the TCA tribe’s museum, or other
treatment as deemed appropriate by the TCA
tribe.
CUL-2
In compliance with Section 5097.98 of the Public
Resources Code and Section 7050.5 of the
California Health and Safety Code, if human
remains are encountered, all ground disturbing
activities shall be immediately suspended within
100 feet of the discovery, and the Los Angeles
County Coroner shall be notified immediately. If
the Coroner determines the remains are Native
American in origin, they must notify the NAHC
within 24 hours of such identification so that the
NAHC can contact the Most Likely Descendant
(MLD). The MLD shall be provided access to the
discovery and will provide recommendations for
treatment of the remains within 48 hours of
accessing the discovery site. Disposition of
human remains and any associated grave goods,
City of Manhattan
Beach Construction
City of
Manhattan
Beach
Native American
Heritage
Commission
Los Angeles County
Coroner
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if encountered, shall be treated in accordance
with procedures and requirements set forth in
Sections 5097.94 and 5097.98 of the Public
Resources Code; Section 7050.5 of the California
Health and Safety Code and CEQA Guidelines
Section 15064.5.
PALEO-1
A paleontologist who meets the qualifications
established by the Society of Vertebrate
Paleontology (SVP) shall be retained to develop a
Paleontological Resources Impact Mitigation
Program (PRIMP) for this project. The PRIMP
shall be consistent with the standards of the SVP
and include the methods that will be used to
protect paleontological resources that may exist
within the project site, as well as procedures for
monitoring, fossil preparation and identification,
curation into a repository, and preparation of a
report at the conclusion of grading. The
paleontologist will also perform a Construction
Worker Paleontological Resources Sensitivity
training prior to any ground disturbing activities.
City of Manhattan
Beach Construction
City of
Manhattan
Beach
N/A
PALEO-2
Excavation and grading activities in deposits with
high paleontological sensitivity (i.e., Young
Alluvial Fan Deposits below a depth of 10 feet)
City of Manhattan
Beach Construction
City of
Manhattan
Beach
N/A
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Mitigation Measure Implementation
Party
Implementation
Phase
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Outside Agency
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shall be monitored by a qualified paleontological
monitor following a PRIMP. No monitoring is
required for excavations in deposits with no
paleontological sensitivity (i.e., Artificial Fill). If paleontological resources are encountered during
the course of ground disturbance, the
paleontological monitor shall have the authority
to temporarily redirect construction away from
the area of the find. In the event that
paleontological resources are encountered when
a paleontological monitor is not present, work in
the immediate area of the find shall be
redirected, and the paleontologist or
paleontological monitor shall be contacted to
assess the find for scientific significance. If
determined to be scientifically significant, the
fossil shall be collected from the field.
PALEO-3
Collected resources shall be prepared to the
point of identification, identified to the lowest
taxonomic level possible, cataloged, and curated
into the permanent collections of a museum
repository. At the conclusion of the monitoring
program, a report of findings shall be prepared
to document the results of the monitoring
program.
City of Manhattan
Beach Construction
City of
Manhattan
Beach
N/A
NOISE-1
Contractor shall prepare a noise
monitoring plan and collect noise levels
at residences nearest the construction
City of Manhattan
Beach Construction
City of
Manhattan
Beach
N/A
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Mitigation Measure Implementation
Party
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site during any phase where noise may
exceed the noise limits defined in Table
3-3 of the MND. The plan shall specify
monitoring locations, equipment,
procedures, and include a schedule of
measurements and reporting methods to
be used.
Limits hours of construction to hours
outlined in Table 3-3 of the MND,
unless work is authorized outside of
these hours by the Manhattan Beach
Public Works Director or City Council.
Before beginning construction,
communication shall begin with the local
community, via flyers, postings, door
knocking, etc. Outreach documents shall
include a telephone number where
residents can receive information about
the project and make inquiries or
complaints during the work. Specific
outreach shall occur before the loudest
events to inform residents of the
expected noise and the length of time it
is to last, specifically during demolition,
drilling, sawing, paving, and roller
operations.
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Mitigation Measure Implementation
Party
Implementation
Phase
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Outside Agency
Coordination
Noise barriers shall be installed around
the worksite perimeter. Noise from most
construction phases can be significantly
reduced through the use of temporary
noise barriers, noise control curtains,
and/or noise enclosures. A properly
constructed noise barrier 12 feet tall
around the perimeter of the active
noise-generating work area removes all
significant noise impacts when combined
with the equipment scheduling outlined
below.
Restrict concurrent operation of loudest
equipment to prevent exceedances in
noise levels.
NOISE-2
Install visible “Noise Control Zone” signs,
including telephone number where
residents can learn information about the
project and make complaints.
Use equipment noise-control devices
such as mufflers or motor enclosures
that meet original specification and
performance criteria.
Electrically powered equipment shall be
used over gas- or diesel-powered
equipment to the extent practical.
City of Manhattan
Beach Construction
City of
Manhattan
Beach
N/A
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Mitigation Measure Implementation
Party
Implementation
Phase
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Outside Agency
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Designate haul routes to produce the
least overall noise impact, with heavily
loaded trucks routed away from
residential streets where possible.
Identification of haul routes shall
consider streets with the fewest noise
sensitive receivers where no alternatives
are available.
Location of staging areas, earth-moving
equipment, stationary noise-generating
equipment, stockpiles, and other noise-
producing operations shall be set up as
far as practicable from nearby noise-
sensitive receivers.
Limit use of horns, whistles, alarms, and
bells. It is recommended that low
impact backup alarms be used on heavy
equipment.
Phase the noisiest operations including
demolition, earth moving, and ground
impacting so they do not occur during
the same time period.
NOISE-3
A before and after construction survey shall
occur and include inspecting building foundations
and taking photographs of pre-existing
conditions, cracks, or other flaws. Structures
City of Manhattan
Beach Construction
City of
Manhattan
Beach
N/A
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nearer to the work than the minimum distances
indicated in Table 3-5 of the MND shall be
surveyed. If the post-construction survey
identifies material damage that is determined to
be caused by construction of the Project, the
contractor shall be responsible for repairing any
identified damage. This responsibility shall be
stipulated in the contract entered into between
the City and the selected contractor.
NOISE-4
Vibration monitoring shall be conducted at
structures where construction equipment is
operating closer than the limits listed on Table
3-5 of the MND. If measurements show that
vibration levels are below the limits at the
nearest structures during the highest-vibration
activities, no impact has occurred. If measured
vibration levels exceed the limits, construction
methods shall be modified, construction
equipment shall be immediately reduced to a
lower power setting, and/or equipment shall be
moved further from the affected structure. An
additional survey shall then be conducted to
determine whether the structure shows signs of
distress that were not previously documented.
City of Manhattan
Beach Construction
City of
Manhattan
Beach
N/A
PUBLIC-1
In the event that roads are inaccessible due to
construction, the contractor will notify public
agencies, including but not limited, to fire and
police departments, to ensure that the
City of Manhattan
Beach Construction
City of
Manhattan
Beach
Los Angeles County
Fire Department
(Lifeguard)
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emergency agencies can plan for alternative
routes.
TRAF-1
For projects that may impact traffic, contractors
are required to prepare a construction traffic
control plan. Elements of the plan shall include,
but are not necessarily limited to, the following:
Develop circulation and detour plans to
minimize impacts to local street
circulation. Use haul routes minimizing
truck traffic on local roadways to the
extent possible.
Develop detailed plans for pedestrian
detours during construction that meet or
exceed standards required in the
California Manual on Uniform Traffic
Control Devices and include adequate
barriers against motorized traffic.
To the extent feasible, and as needed to
avoid adverse impacts on traffic flow,
schedule truck trips outside of peak
morning and evening commute hours.
Install traffic control devices as specified
in Caltrans’ Manual of Traffic Controls for
Construction and Maintenance Work
Zones where needed to maintain safe
City of Manhattan
Beach Construction
City of
Manhattan
Beach
N/A
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Outside Agency
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driving conditions. Use flaggers and/or
signage to safely direct traffic through
construction work zones.
TRAF-2
Transportation of heavy construction equipment
and/or materials which require use of oversized-
transport vehicles on State highways will need a
Caltrans transportation permit. The project
specifications will limit construction traffic to off-
peak periods to minimize the potential impact on
State facilities. If construction traffic is expected
to cause delays on any State facilities, a
construction traffic control plan detailing these
delays shall be submitted for Caltrans’ review.
City of Manhattan
Beach Construction
City of
Manhattan
Beach
California
Department of
Transportation
TCR-1
Retain a Native American Monitor Prior to
Commencement of Ground-Disturbing Activities
The project applicant/lead agency shall
retain a Native American Monitor from
the Gabrieleño Band of Mission Indians –
Kizh Nation. The monitor shall be
retained prior to the commencement of
any “ground-disturbing activity” for the
subject project at all project locations
(i.e., both on-site and any off-site
locations that are included in the project
description/definition and/or required in
connection with the project, such as
City of Manhattan
Beach Construction
City of
Manhattan
Beach
Gabrieleño Band of
Mission Indians –
Kizh Nation
Native American
Heritage
Commission
Res. 24-0043
20 of 25
City of Manhattan Beach California Environmental Quality Act Mitigation Monitoring and Reporting Program
- 18 -
28th Street Storm Drain Infiltration Project
also referred to as 28th Street Stormwater Infiltration Project Mitigation Monitoring and Reporting
Mitigation Measure Implementation
Party
Implementation
Phase
Monitored
By
Outside Agency
Coordination
public improvement work). “Ground-
disturbing activity” shall include, but is
not limited to, demolition, pavement
removal, potholing, auguring, grubbing,
tree removal, boring, grading,
excavation, drilling, and trenching.
Should the Gabrieleño Band of Mission
Indians – Kizh Nation not have sufficient
qualified staff, or not provide monitoring
services at market rates, after
consultation between the tribe and the
City’s Community Development Director,
the project applicant/lead agency may
contract with a different firm to provide
a Native American monitor, subject to
approval by the City’s Community
Development Director.
A copy of the executed monitoring
agreement shall be submitted to the lead
agency prior to the earlier of the
commencement of any ground-disturbing
activity, or the issuance of any permit
necessary to commence a ground-
disturbing activity.
The monitor will complete daily
monitoring logs that will provide
Res. 24-0043
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City of Manhattan Beach California Environmental Quality Act Mitigation Monitoring and Reporting Program
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28th Street Storm Drain Infiltration Project
also referred to as 28th Street Stormwater Infiltration Project Mitigation Monitoring and Reporting
Mitigation Measure Implementation
Party
Implementation
Phase
Monitored
By
Outside Agency
Coordination
descriptions of the relevant ground-
disturbing activities, the type of
construction activities performed,
locations of ground-disturbing activities,
soil types, cultural-related materials, and
any other facts, conditions, materials, or
discoveries of significance to the Tribe.
Monitor logs will identify and describe
any discovered TCRs, including but not
limited to, Native American cultural and
historical artifacts, remains, places of
significance, etc., (collectively, tribal
cultural resources, or “TCR”), as well as
any discovered Native American
(ancestral) human remains and burial
goods. Copies of monitor logs will be
provided to the project applicant/lead
agency upon written request to the
Tribe.
On-site tribal monitoring shall conclude
upon (1) written confirmation to the
tribal monitor from a designated point of
contact for the project applicant/lead
agency that all ground-disturbing
activities and phases that may involve
ground-disturbing activities on the
project site or in connection with the
Res. 24-0043
22 of 25
City of Manhattan Beach California Environmental Quality Act Mitigation Monitoring and Reporting Program
- 20 -
28th Street Storm Drain Infiltration Project
also referred to as 28th Street Stormwater Infiltration Project Mitigation Monitoring and Reporting
Mitigation Measure Implementation
Party
Implementation
Phase
Monitored
By
Outside Agency
Coordination
project are complete; or (2) a
determination and written notification
the tribal monitor to the project
applicant/lead agency that no future,
planned construction activity and/or
development/construction phase at the
project site possesses the potential to
impact TCRs.
TCR-2
Unanticipated Discovery of Tribal Cultural
Resource Objects (Non-Funerary/Non-
Ceremonial)
Upon discovery of any TCRs, all
construction activities in the immediate
vicinity of the discovery shall cease (i.e.,
not less than the surrounding 50 feet)
and shall not resume until the discovered
TCR has been fully assessed by the tribal
monitor and a qualified archaeologist.
The procedure described in Mitigation
Measure CUL-1 will then be followed.
City of Manhattan
Beach Construction
City of
Manhattan
Beach
Gabrieleño Band of
Mission Indians –
Kizh Nation
Native American
Heritage
Commission
TCR-3
Unanticipated Discovery of Human Remains and
Associated Funerary or Ceremonial Objects City of Manhattan Beach Construction
City of
Manhattan
Beach
Gabrieleño Band of
Mission Indians –
Kizh Nation
Res. 24-0043
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City of Manhattan Beach California Environmental Quality Act Mitigation Monitoring and Reporting Program
- 21 -
28th Street Storm Drain Infiltration Project
also referred to as 28th Street Stormwater Infiltration Project Mitigation Monitoring and Reporting
Mitigation Measure Implementation
Party
Implementation
Phase
Monitored
By
Outside Agency
Coordination
Native American human remains are
defined in PRC 5097.98 (d)(1) as an
inhumation or cremation, and in any
state of decomposition or skeletal
completeness. Funerary objects, called
associated grave goods in Public
Resources Code Section 5097.98, are
also to be treated according to this
statute.
If Native American human remains
and/or grave goods are discovered or
recognized on the project site, then
Public Resource Code 5097.9 as well as
Health and Safety Code Section 7050.5
shall be followed.
Human remains and grave/burial goods
shall be treated alike per California Public
Resources Code section 5097.98(d)(1)
and (2).
Preservation in place (i.e., avoidance) is
the preferred manner of treatment for
discovered human remains and/or burial
goods.
Native American
Heritage
Commission
Res. 24-0043
24 of 25
City of Manhattan Beach California Environmental Quality Act Mitigation Monitoring and Reporting Program
- 22 -
28th Street Storm Drain Infiltration Project
also referred to as 28th Street Stormwater Infiltration Project Mitigation Monitoring and Reporting
Mitigation Measure Implementation
Party
Implementation
Phase
Monitored
By
Outside Agency
Coordination
Any discovery of human remains/burial
goods shall be kept confidential to
prevent further disturbance.
Res. 24-0043
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