Resolution No. 26-0043 — Manhattan Beach City Council, May 19, 2026

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RESOLUTION NO. 26-0043

A RESOLUTION OF THE MANHATTAN BEACH CITY

COUNCIL ADOPTING A N ADDENDUM TO A MITIGATED

NEGATIVE DECLARATION AND MITIGATION

MONITORING AND REPORTING PROGRAM FOR THE
28TH STREET STORMWATER INFILTRATION PROJECT
LOCATED AT AND AROUND 115 26TH 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”) 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 wa s 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.), and an initial study (“IS”) was prepared pursuant to State CEQA Guidelines Section 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 r esources, 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 Res. 26-0043

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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 the 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”) was also 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 City Council considered the Final MND and MMRP, along with all comments received and the responses to the comments that were included with the Final MND. The City Council f ound, 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 was 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 level through implementation of those mitigation measures identified in the Final MND and MMRP.

Therefore, the City Council f ound that the Project will not have a significant environmental impact. The City Council further f ound that the Final MND and MMRP reflected the Council’s independent judgment and analysis.

SECTION 6. Based upon the foregoing, and considering all evidence in the record, on May 21, 2024, the City Council adopted Resolution No. 24-0043, adopting the Final MND and MMRP for the Project , and required the Project to comply with each mitigation measure set forth in the MMRP.

SECTION 7. On May 28, 2024, City staff filed a notice of determination with the State Clearinghouse and the office of the Los Angeles County Clerk.

SECTION 8. One potentially significant impact identified in the adopted Final MND concerns nesting sites for migratory birds regulated under the federal Migratory Bird Treaty Act, and a mitigation measure (M itigation Measure BIO-2) was included in the Final MND to reduce that impact to a less -than-significant level. The mitigation measure requires construction buffers around nesting sites and is typical of measures often included in CEQA documents in jurisdictions throughout the State.

Res. 26-0043

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SECTION 9. Prior to the commencement of construction of the Project, in consultation with a biologist retained by the City for biological monitoring services for the Project, City staff determined that Mitigation Measure BIO -2 establishes a standard procedure that is only necessary in certain circumstances. Further, if the standard procedure were applied in all circumstances, there exists a possibility that it could unnecessarily impede the project construction.

SECTION 10. Pursuant to Section 15164 of the State CEQA Guidelines, an addendum to a previously adopted MND may be prepared if only minor technical changes or additions are necessary or if none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent Environmental Impact Report (EIR) or MND have occurred. Conditions calling for preparation of a subsequent EIR or MND would exist if substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: that the project will have one or more significant effects not discussed in the previous EIR or negative declaration; that significant effects previously examined will be substantially more severe than shown in the previous EIR; that mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or that mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

SECTION 11. Technical changes are proposed to Mitigation Measure BIO -2 to remove unnecessary impediments to Project construction. The changes are minor in nature in that they provide a qualified biologist flexibility in establishing appropriate parameters to protect nesting birds rather than relying on a one- size-fits-all approach.

The changes do not in any way decrease the effectiveness of the previously adopted Mitigation Measure BIO -2. Additionally, no conditions calling for the preparation of a subsequent EIR or MND have occurred.

SECTION 12. Based on the foregoing information, an addendum to the previously adopted MND has been prepared and is attached as Exhibit “A” hereto. The addendum provides the basis for minor technical changes to the adopted MMRP. Said minor technical changes have been i ncorporated into the updated MMRP, which is included as Appendix "A" to Exhibit "A".

SECTION 13. 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 Res. 26-0043

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County Clerk.

SECTION 14. 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 15. The City Clerk shall certify the adoption of this Resolution.

ADOPTED on May 19, 2026.

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

JOE FRANKLIN
Mayor

LIZA TAMURA
City Clerk
Res. 26-0043

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Addendum to the Initial Study and Mitigated
Negative Declaration for the
City of Manhattan Beach 28th Street Storm
Drain Infiltration Project
P
repared for:

Ci
ty of Manhattan Beach
1400 Highland Avenue
Manhattan Beach, California 91266
TEL (310) 802-5358
P
repared by:
1 561 E. Orangethorpe Avenue, Suite 240
Fullerton, California, 92831
T
EL (714) 526-7500 | FAX (714) 526-7004 | www.cwecorp.com Ma
y 13, 2026
EXHIBIT "A"
City of Manhattan Beach Addendum to the Initial Study and Mitigated Negative Declaration for the 28th Street Storm Drain Infiltration Project

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Table of Contents
TABLE OF CONTENTS ................................................................................................................. 6 ACRONYMS ................................................................................................................................ 6

1. INTRODUCTION . .............................................................................................................. 7

1.1 CEQA REQUIREMENTS ............................................................................................................... 7

1.1.1 Purpose of the Addendum ............................................................................................... 7

1.1.2 Environmental Analysis and Conclusions ........................................................................... 7

1.1.3 Incorporation by Reference ............................................................................................. 9

1.1.4 Addendum Process .......................................................................................................... 9

2. BIO-2 M ITIGATION MEASURE ....................................................................................... 10

2.1 JUSTIFICATION ....................................................................................................................... 10

2.2 CONCLUSION .......................................................................................................................... 11 Appendices
Appendix A Revised Mitigation Monitoring and Reporting Plan (MMRP) Acronyms
CEQA California Environmental Quality Act
EIR Environmental Impact Report
IS Initial Study
MMRP Mitigation Monitoring and Reporting Plan
MND Mitigated Negative Declaration
SCH State Clearing House
USFWS United States Fish and Wildlife Service
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1. Introduction

This document is an Addendum to the Initial Study and Mitigated Negative Declaration (IS/MND) for the 28
th Street Storm Drain Infiltration Project (also referred to as the 28th Street Stormwater Infiltration Project) (Project) prepared by the City of Manhattan Beach (City) with State Clearinghouse Number SCH2024020618
0F

1. The City’s Council certified the MND in June
2024. The Project scope has not changed and the Project description included in the MND remains consistent with proposed improvements. This Addendum includes modifications to the BIO-2 Mitigation Measure. There are no new significant impacts or additional mitigation measures proposed as part of this Addendum. None of the conditions described in State California Environmental Quality Act (CEQA) Guidelines 15162 call for the preparation of a subsequent or supplemental MND.

1.1 CEQA Requirements

1.1.1 Purpose of the Addendum

When a proposed project is changed or there are changes in the environmental setting, a determination must be made by the Lead Agency as to whether an Addendum or Subsequent MND is prepared. CEQA Guidelines Sections 15162 and 15164 set forth criteria to assess which environmental document is appropriate. The criteria for determining whether an Addendum or Subsequent MND is prepared are outlined below. If the criteria below are true, then an Addendum is the appropriate document:

 No new significant impacts will result from the Project or from new mitigation measures.  No substantial increase in the severity of a previously identified environmental impact will occur.  No new feasible alternatives or mitigation measures that would reduce impacts previously found not to be feasible have, in fact, been found to be feasible.

Implementation of the Approved Project will not result in new significant impacts or substantially increase the severity of impacts previously identified in the IS/MND, and there are no previously identified infeasible alternatives that are now feasible. None of the other factors set forth in Section 15162(a)(3) are present. In accordance with CEQA Guidelines Section 15164(e), and for the reasons set forth in this Addendum, the decision was made to not prepare a subsequent MND.

As such, an Addendum is appropriate, and this Addendum has been prepared to explain why there are no significant environmental effects of the mitigation modifications.

1.1.2 Environmental Analysis and Conclusions

This Addendum addresses only the environmental effects associated with modifications to the

1 https://www.manhattanbeach.gov/home/showpublisheddocument/54571/638509552641130000 Res. 26-0043
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Approved Project, which consist solely of refinements to Mitigation Measure BIO-2, that have occurred since adoption of the IS/MND. The conclusions of the analysis in this Addendum remain consistent with those in the IS/MND. No new significant impacts will result, and no substantial increase in the severity of previously identified impacts will occur in the IS/MND.

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1.1.3 Incorporation by Reference

Consistent with Section 15150 of the California State CEQA Guidelines, the following document was relied upon in preparation of this Addendum:

 Initial Study and Mitigated Negative Declaration for the 28th Street Storm Drain Infiltration Project, 2024

This document is available to the general public for review at the City of Manhattan Beach Public Works web page. The document is also available through the State Clearinghouse via CEQAnet SCH20240206181F

2. Information from this document incorporated by reference into this Addendum has been briefly summarized in the appropriate section(s) which follow, and the relationship between the incorporated part of the referenced document and this Addendum has been described.

1.1.4 Addendum Process

As described in Section 1.1 and CEQA Guidelines Section 15164(a) and 15164(b), an addendum to an adopted IS/MND may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent Environmental Impact Report (EIR) or Negative Declaration have occurred.

According to CEQA Guidelines, Section 15164(c), an addendum need not be circulated for public review but can be included in or attached to the Mitigated Negative Declaration. Pursuant to CEQA Guidelines Section 15164(d), the decision-making body shall consider the addendum with the approved Negative Declaration prior to making a decision on the project. Once adopted, the Addendum, along with the original EIR or Negative Declaration, is placed in the Administrative Record, and the CEQA process is complete.

2 https://www.manhattanbeach.gov/home/showpublisheddocument/54571/638509552641130000 Res. 26-0043
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2. BIO-2 Mitigation Measure

As indicated in the Introduction, this Addendum analyzes proposed modifications to the BIO-2 Mitigation Measure, while all other elements of the referenced MND remain unchanged. The revised BIO-2 Mitigation Measure is included in Appendix A.

The mitigation measure, BIO-2, is being revised as follows (red text is added):

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 or 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 qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest or parental care for survival. The qualified biologist may authorize construction activities to proceed during the nesting season, subject to modified avoidance buffers or work restrictions, if, in their professional judgement, the proposed activities will not result in take, nest abandonment, or disturbance as defined under the Migratory Bird Treaty Act. Such determinations shall be based on observed nesting behavior, distance to work activities, species tolerance, and current site conditions. 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.

The revision to the mitigation measure is necessary due to the practicalities of the Project. It would allow the Project to move forward with additional monitoring. The revised mitigation measure is effective in meeting the objectives/goals of the Migratory Bird Treaty Act.

2.1 Justification

Birds anticipated or encountered within the Project area are expected to be birds that persist in urban areas due to the existing urban environment. They are generally accustomed to urban noises and potential disturbance. The United States Fish and Wildlife Service (USFWS) recognizes that many bird species occurring in urban areas have adapted to frequent human activity and ongoing disturbance (USFWS
2F
3, 2025). Studies indicate that birds in urban
environments typically exhibit shorter flight-initiation distances, indicating habituation to

3 https://www.fws.gov/apps/sites/default/files/documents/2025-02/urban-bird-treaty-guidebook-v4.pdf Res. 26-0043
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frequent human activity (Livezey et al.3F
4, 2016).

In the Project area, the following urban noises commonly occur, along with other noises:

 Construction activities (there is ongoing construction at a private residence within 300 feet of the Project site)
 Fire engines or other emergency service sirens
 Lawn maintenance (mowers, weed whackers, etc.)
 Generators associated with food trucks
 Traffic and road noises

The modified mitigation measure will not result in new impacts that were not identified in the MND.

Approved CEQA documents and their associated mitigation measures were reviewed to confirm that the modifications to the Project’s BIO-2 mitigation measure are consistent with and as effective as other approved measures in similar environments.

Comparable CEQA projects within similar urban contexts were reviewed to illustrate how nesting-bird mitigation measures have been implemented and accepted by lead agencies, and to demonstrate that the avoidance buffers and monitoring approach proposed in the revised BIO-2 Mitigation Measure for the Project is consistent with measures commonly applied to urban infrastructure projects to comply with the Migratory Bird Treaty Act. The following was included in the mitigation measure in relation to the Migratory Bird Treaty Act as part of the Redondo Beach Avenue A Access Ramp Project Draft Initial Study (SCH2026020537): "If an active nest is identified, the biologist will establish an appropriately sized construction-avoidance buffer around the nest using flagging or staking. Construction activities will not occur within a construction-avoidance buffer area until the nest is deemed inactive by a qualified biologist." The following was included in the Whittier Aquatics Facility Initial Study (SCH2019099103):
"The prescribed buffers may be adjusted by the qualified avian biologist based on existing conditions around the nest, planned construction activities, tolerance of the species, and other pertinent factors. The qualified avian biologist shall conduct regular monitoring of the nest to determine success/failure and to ensure that project activities are not conducted within the buffer(s) until the nesting cycle is complete or the nest fails. The avian biologist shall be responsible for documenting the results of the surveys, nest buffers implemented, and presenting the results in ongoing monitoring reports."

In both referenced examples, the mitigation measures provide an ability for the biologist to make recommendations based on the field observations instead of using a standard radius buffer, which is consistent with the modifications proposed to Mitigation Measure BIO-2.

2.2 Conclusion

The proposed revision to the BIO-2 Mitigation Measure would continue to provide protection for

4 https://estebanfj.bio.purdue.edu/papers/JFishWildlifeManagement7.pdf Res. 26-0043
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nesting birds, consistent with the intent of the originally adopted mitigation measure. The revisions allow a qualified biologist to take into consideration site conditions and Project sequencing to inform recommendations that will protect observed nesting birds. The revised language would continue to comply with the Migratory Bird Treaty Act. Therefore, it is recommended that the City adopt an updated Mitigation Monitoring and Reporting Plan (MMRP) incorporating the amended BIO-2 Mitigation Measure.

Res. 26-0043
City of Manhattan Beach Addendum to the Initial Study and Mitigated Negative Declaration for the 28th Street Storm Drain Infiltration Project

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Appendix A

Revised Mitigation Monitoring
and Reporting Plan (MMRP)
Res. 26-0043
Res. 26-0043
California Environmental Quality Act
Mitigation Monitoring and Reporting Program City of Manhattan Beach

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 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 e missions 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.
 Adequate water application techniques
shall be employed to mitigate the impact
City of Manhattan
Beach Construction
City of
Manhattan
Beach
N/A
Res. 26-0043
California Environmental Quality Act
Mitigation Monitoring and Reporting Program City of Manhattan Beach

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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.
 The engines of idling trucks or heavy
equipment shall be turned off if the
Res. 26-0043
California Environmental Quality Act
Mitigation Monitoring and Reporting Program City of Manhattan Beach

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BIO-1
Prior to ground -disturbing activities in areas that
could support sensitive biological resources, a
habitat assessment shall be conducted by a
City of Manhattan
Beach Pre-Construction
City of
Manhattan
Beach
United States Army
Corps of Engineers

Res. 26-0043
California Environmental Quality Act
Mitigation Monitoring and Reporting Program City of Manhattan Beach

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28th Street Storm Drain Infiltration Project
also referred to as 28th Street Stormwater Infiltration Project REVISED Mitigation Monitoring and Reporting (Revised 5/19/2026) Mitigation Measure Implementation
Party
Implementation
Phase
Monitored
By
Outside Agency
Coordination
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 wi ll work together with
those regulating agencies to determine
appropriate impact minimization measures and
compensation for any permanent impacts due to
the Project.

United States Fish
and Wildlife Service

California
Department of Fish
and Wildlife
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
City of Manhattan
Beach Pre-Construction
City of
Manhattan
Beach
California
Department of Fish
and Wildlife
Res. 26-0043
California Environmental Quality Act
Mitigation Monitoring and Reporting Program City of Manhattan Beach

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28th Street Storm Drain Infiltration Project
also referred to as 28th Street Stormwater Infiltration Project REVISED Mitigation Monitoring and Reporting (Revised 5/19/2026) Mitigation Measure Implementation
Party
Implementation
Phase
Monitored
By
Outside Agency
Coordination
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 or 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 qualified biologist has determined that
the birds have fledged and are no longer reliant
upon the nest or parental care for survival. The
qualified biologist may authorize construction
activities to proceed during the nesting season,
subject to modified avoidance buffers or work
restrictions, if, in their professional judgement,
the proposed activities will not result in take, nest
abandonment, or disturbance as defined under
the Migratory Bird Treaty Act. Such
determinations shall be based on observed
nesting behavior, distance to work activities,
species tolerance, and current site conditions.

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California Environmental Quality Act
Mitigation Monitoring and Reporting Program City of Manhattan Beach

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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 prohibi t 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
City of Manhattan
Beach Construction
City of
Manhattan
Beach
Gabrieleño Band of
Mission Indians –
Kizh Nation
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California Environmental Quality Act
Mitigation Monitoring and Reporting Program City of Manhattan Beach

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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.

Native American
Heritage
Commission
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Mitigation Monitoring and Reporting Program City of Manhattan Beach

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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, if
encountered, shall be treated in accordance with
procedures and requirements set forth in Sections
5097.94 and 5097.98 of the Public Resources
City of Manhattan
Beach Construction
City of
Manhattan
Beach
Native American
Heritage
Commission

Los Angeles County
Coroner
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Mitigation Monitoring and Reporting Program City of Manhattan Beach

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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 preparat ion 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)
shall be monitored by a qualified paleontological
monitor following a PRIMP. No monitoring is
required for exc avations 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
City of Manhattan
Beach Construction
City of
Manhattan
Beach
N/A
Res. 26-0043
California Environmental Quality Act
Mitigation Monitoring and Reporting Program City of Manhattan Beach

Page 23 of 32 ends

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 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
City of Manhattan
Beach Construction
City of
Manhattan
Beach
N/A
Res. 26-0043
California Environmental Quality Act
Mitigation Monitoring and Reporting Program City of Manhattan Beach

Page 24 of 32 ends

28th Street Storm Drain Infiltration Project
also referred to as 28th Street Stormwater Infiltration Project REVISED Mitigation Monitoring and Reporting (Revised 5/19/2026) Mitigation Measure Implementation
Party
Implementation
Phase
Monitored
By
Outside Agency
Coordination
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 o r
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.
 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 b arrier 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.

Res. 26-0043
California Environmental Quality Act
Mitigation Monitoring and Reporting Program City of Manhattan Beach

Page 25 of 32 ends

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.
 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.

City of Manhattan
Beach Construction
City of
Manhattan
Beach
N/A
Res. 26-0043
California Environmental Quality Act
Mitigation Monitoring and Reporting Program City of Manhattan Beach

Page 26 of 32 ends

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 nearer to the
work than the minimum distances ind icated 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 stip ulated in the
contract entered into between the City and the
selected contractor.

City of Manhattan
Beach Construction
City of
Manhattan
Beach
N/A
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
City of Manhattan
Beach Construction
City of
Manhattan
Beach
N/A
Res. 26-0043
California Environmental Quality Act
Mitigation Monitoring and Reporting Program City of Manhattan Beach

Page 27 of 32 ends

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 emergency
agencies can plan for alternative routes.

City of Manhattan
Beach Construction
City of
Manhattan
Beach
Los Angeles County
Fire Department
(Lifeguard)
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,
City of Manhattan
Beach Construction
City of
Manhattan
Beach

N/A
Res. 26-0043
California Environmental Quality Act
Mitigation Monitoring and Reporting Program City of Manhattan Beach

Page 28 of 32 ends

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
City of Manhattan
Beach Construction
City of
Manhattan
Beach
Gabrieleño Band of
Mission Indians –
Kizh Nation

Native American
Heritage
Commission
Res. 26-0043
California Environmental Quality Act
Mitigation Monitoring and Reporting Program City of Manhattan Beach

Page 29 of 32 ends

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/l ead 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.

Res. 26-0043
California Environmental Quality Act
Mitigation Monitoring and Reporting Program City of Manhattan Beach

Page 30 of 32 ends

Monitor logs will identify and describe any
discovered TCRs, including but not limited
to, Native American cultural and historical
artifacts, remains, places of signif icance,
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 project are
complete; or (2) a determinati on and
Res. 26-0043
California Environmental Quality Act
Mitigation Monitoring and Reporting Program City of Manhattan Beach

Page 31 of 32 ends

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 q ualified 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
 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
City of Manhattan
Beach Construction
City of
Manhattan
Beach
Gabrieleño Band of
Mission Indians –
Kizh Nation

Native American
Heritage
Commission
Res. 26-0043
California Environmental Quality Act
Mitigation Monitoring and Reporting Program City of Manhattan Beach

Page 32 of 32 ends

Manhattan Beach City CouncilMay 19, 2026

Manhattan Beach City Council
May 19, 2026