Agenda packet — Montebello City Council, June 22, 2022 (part 2 of 8)

electronic version of the sites inventory with its adopted housing element to [email protected].

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
http://opr.ca.gov/docs/OPR_Appendix_C_final.pdf and
http://opr.ca.gov/docs/Final_6.26.15.pdf.

HCD appreciates the communication and hard work you and your consultant Kaizer Rangwala provided during the review. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Colin Cross, of our staff, at [email protected].

Sincerely,
Senior Program Manager
Enclosure
Paul McDougall
City of Montebello’s 6th Cycle Draft Housing Element Page 1 November 29, 2021

APPENDIX

CITY OF MONTEBELLO
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.

Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml.

Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources.

A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
As part of the review of programs in the past cycle, the element must provide a cumulative evaluation of the effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female headed households, farmworkers, and persons experiencing homelessness).

B. Housing Needs, Resources, and Constraints

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A.) Regional Patterns and Trends: For all categories of analysis (segregation and integration, racially and ethnically concentrated areas of poverty and affluence, access to opportunity, and disproportionate housing needs, including displacement), the element addresses some requirements to analyze local patterns and trends. However, the element must also analyze regional patterns and trends for each category and subcategory of analysis. A regional analysis should compare conditions at the local level to the rest of the region, for example at the level of a county or other subregional geography.

Fair Housing Enforcement and Outreach: The element includes information about fair housing organizations which may serve as resources to the public. However, the element must examine the City’s capacity for fair housing enforcement and outreach. This may consist of, but is not limited to, the ability to investigate complaints, obtain remedies, or engage in fair housing testing.

Disproportionate Housing Needs: The element addresses many requirements regarding the analysis of disproportionate housing needs. However, a complete analysis must address homelessness at the local and regional levels.

City of Montebello’s 6th Cycle Draft Housing Element Page 2 November 29, 2021
Local Data and Knowledge: In addition to the data sources relied on in the current draft, the element must support its analysis with local data and knowledge, including information obtained through community participation or consultation.

Site Inventory: The element does not address this requirement. The analysis must identify whether sites improve or exacerbate conditions and whether sites are isolated by income group. A full analysis should address the income categories of identified sites with respect to location, the number of sites and units by all income groups and how that affects the existing patterns for all components of the assessment of fair housing (e.g., segregation and integration, access to opportunity). The element should also discuss whether the distribution of sites improves or exacerbates conditions. If sites exacerbate conditions, the element should identify further program actions that will be taken to promote equitable quality of life throughout the community (e.g., anti-displacement and place-based community revitalization strategies).

Contributing Factors: The element lists several contributing factors, but it must also prioritize them, demonstrate a nexus to the summarized fair housing issues in Montebello.

Goals and Actions: The element must add, or revise programs based on a complete analysis. Goals and actions must significantly seek to overcome contributing factors to fair housing issues. Current program actions include Program 14 (Affirmatively Furthering Fair Housing (AFFH)), which continues the City’s practice of referring fair housing complaints and provides for additional outreach activities. This is not adequate to satisfy the requirement for specific and meaningful actions. Program actions should be proactive, facilitate meaningful change, and respond directly to the contributing factors to fair housing issues that were identified. Furthermore, the element must include metrics and milestones targeting fair housing outcomes in the planning period.

2. Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected needs for all income levels, including extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).) While the element quantifies existing extremely low-income (ELI) households, it must also identify the projected housing need analyze their housing needs. The analysis of ELI housing needs could consider tenure and rates of overcrowding and overpayment.

Additionally, the element indicates that a total of 130 people working in agricultural, fishery, forestry, and hunting industries and states that many of these people are likely employed not as farmworkers but in adjacent industries (p. 33). The element must estimate and analyze the total number of farmworkers, both seasonal and permanent (e.g., county level USDA agricultural census).

3. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) City of Montebello’s 6th Cycle Draft Housing Element Page 3 November 29, 2021
The element must include analysis of the condition of the existing housing stock and estimate the number of units in need of rehabilitation and replacement. For example, the analysis could include estimates from a recent windshield survey or sampling, estimates from the code enforcement agency, or information from knowledgeable builders/developers, including non-profit housing developers or organizations.

4. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov.

Code, § 65583, subd. (a)(3).)
Progress in Meeting the RHNA: The City’s Regional Housing Needs Allocation (RHNA) may be reduced by the number of new units built since June 30, 2021. The element indicates (p. 84) that 130 units affordable to very low-income households and 70 units affordable to low-income households are anticipated at Site 8 (North Garfield Avenue) but it must also demonstrate affordability based on actual or anticipated rent, sales prices or other mechanisms ensuring affordability (e.g., deed restrictions). In addition, the element must demonstrate the likelihood of the units being available in the planning [period.

Parcel Listing: The site inventory includes several sites with multiple parcels and reports the size in acres of each site in aggregate. The element should also provide the acreage of each individual parcel.

Realistic Capacity: The methodology for calculating residential capacity on identified sites must account for land use controls, site improvements and typical densities of existing or approved residential developments at a similar affordability level. While the element utilizes various potential unit yields, it must still support these assumptions. For example, the element assumes 90 percent buildout at Site 14 (2134 Montebello Town Center) and 100 percent buildout for Site 16 (400 S. Taylor Ave.) but it must demonstrate what specific trends, factors, and other evidence led to its assumptions of realistic capacity.

In addition, for sites where zoning allows 100 percent nonresidential uses, this analysis must adjust for the likelihood of 100 percent nonresidential development. Currently, the element adjusts realistic capacity assumptions downward to account for this, but it must relate that assumption to the relevant zones or development trends in those zones. For example, the element could describe the underlying zoning, whether 100 percent nonresidential development is allowed in these zones, analyze how often residential development occurs and adjust residential capacity calculations accordingly. The element could also incorporate any relevant programs or policies the City is undertaking to facilitate residential development in zones allowing 100 percent nonresidential uses.

Suitability of Nonvacant Sites: The element must include an analysis demonstrating the potential for redevelopment of nonvacant sites. To address this requirement, the element describes the existing use of each nonvacant site. This alone is not adequate to demonstrate the potential for redevelopment in the planning period. The analysis should consider factors including the extent to which existing uses may constitute an impediment to additional residential development, the City’s past experience with converting existing uses to higher density residential development, the current market demand for the existing use, an analysis of any existing leases or other contracts that City of Montebello’s 6th Cycle Draft Housing Element Page 4 November 29, 2021
would perpetuate the existing use or prevent redevelopment of the site for additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites.

For example, the element could consider indicators such as age and condition of the existing structure, presence of expiring leases, expressed developer interest, low improvement to land value ratio, and other factors. The element should describe and support (through development trends) the thresholds used to identify sites for redevelopment.

Additionally, because the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households, it must demonstrate existing uses are not an impediment to additional residential development and will likely discontinue in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).) Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.

Replacement Housing Requirements: If the site inventory identifies sites with existing residential uses, it must identify whether they are affordable to lower-income households or describe whether the additional residential development on the site requires the demolition of the existing residential use. For nonvacant sites with existing, vacated, or demolished residential uses and occupied by, or subject to an affordability requirement for, lower-income households within the last five years there must be a replacement housing program for units affordable to lower-income households. (Gov. Code, § 65583.2, subd. (g)(3).) Absent a replacement housing program, these sites are not adequate sites to accommodate lower-income households. The replacement housing program has the same requirements as set forth in Government Code section 65915, subdivision (c)(3).

The housing element must be revised to include such analysis and a program, if necessary.

Small and Large Sites: The parcel listing appears to contain several sites larger than 10 acres in size being used to accommodate the RHNA for lower-income households. Sites smaller than 0.5 acres in size or larger than 10 acres in size are deemed inadequate to accommodate housing for lower-income households unless it is demonstrated that sites of equivalent size and affordability were developed, or the element describes other evidence to HCD that the site is adequate to accommodate housing for lower-income households.

Infrastructure: The element must demonstrate sufficient existing or planned water, sewer, and other dry utilities supply capacity, including the availability and access to distribution facilities, to accommodate the City’s RHNA for the planning period.

For your information, water and sewer service providers must establish specific procedures to grant priority water and sewer service to developments with units affordable to lower-income households. (Gov. Code, § 65589.7.) Local governments are required to immediately deliver the housing element to water and sewer service providers. The element must demonstrate compliance with these requirements or include programs as appropriate. For additional information and sample cover memo, see the Building Blocks at http://www.hcd.ca.gov/community-development/building-blocks/otherrequirements/priority-for-water-sewer.shtml.

City of Montebello’s 6th Cycle Draft Housing Element Page 5 November 29, 2021
Environmental Constraints: The element must describe any known environmental constraints or other conditions that preclude housing development in the planning period.

While the element includes some general analysis of potential environmental constraints, it should relate that analysis to identified sites. In particular, the element notes that certain sites “will require additional costs to clean them of dangerous contaminants” (p. 114) but it must address the impact that may have on development in the planning period.

Sites Identified in Prior Planning Periods: Sites identified in prior planning periods shall not be deemed adequate to accommodate the housing needs for lower-income households unless a program, meeting statutory requirements, requires rezoning within three years. The element denotes sites identified in prior planning periods (p. 76) but does not clarify whether this constitutes all sites in the inventory that have been previously identified. Additionally, while the element includes Program 11 (Objective Design Standards, Approvals By-right and Administrative Approvals) to address this requirement, this program should identify the specific sites being rezoned.

Zoning for a Variety of Housing Types:
• Emergency Shelters: The element notes that emergency shelters are a permitted use in the C-M and M-1 zones (p. 102). However, the element must demonstrate permit processing, development, and management standards are objective and encourage and facilitate the development of, or conversion to, emergency shelters or include a program to do so. In addition, emergency shelters must only be subject to the same development and management standards that apply to residential or commercial development within the same zone except for those standards prescribed by statute. This analysis should generally demonstrate the suitability of these zones for emergency shelters, including whether these zones still have sufficient capacity to accommodate the identified housing need for emergency shelters.
• R-A Zone: The element notes that several residential uses (e.g., transitional, and supportive housing, manufactured housing, etc.) are not allowed in the R-A zone.

Transitional housing and supportive housing must be permitted as a residential use in all zones allowing residential uses and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone. Additionally, analysis is needed to demonstrate that the limitation on manufactured housing in this zone is not a constraint to the development of manufactured housing. The element should modify Program 9 (Zoning Ordinance Amendments) to clarify and ensure compliance with all requirements.
• Accessory Dwelling Units (ADUs): The element mentions that the City revised its ADU ordinance in 2019 and will continue to monitor and amend the ordinance as appropriate (p. 107). However, HCD has not received an adopted ADU ordinance from the City. The City should promptly submit the adopted ordinance to HCD for review.

5. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as City of Montebello’s 6th Cycle Draft Housing Element Page 6 November 29, 2021
identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Government Code section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. (Gov. Code, § 65583, subd. (a)(5).)
Land-Use Controls: The element must identify and analyze all relevant land use controls as potential constraints on a variety of housing types. The analysis should analyze land use controls independently and cumulatively with other land use controls. The current draft addresses many requirements, but still should specifically address requirements related to setback and parking requirements, analyzing any impacts on cost, supply, housing choice, affordability, timing, approval certainty and ability to achieve maximum densities and include programs to address identified constraints.

On/Off-Site Improvements: The element must identify improvement requirements and analyze their impact as potential constraints on housing supply and affordability. While the element lists several improvement requirements such as water, sewer, and street construction, the element should be revised to list and analyze the specific requirements and address any identified constraints as appropriate.

Processing and Permit Procedures: The element must describe and analyze the City’s permit processing and approval procedures by zone and housing type (e.g., multifamily rental housing, mobilehomes, housing for agricultural employees, supportive housing); the current draft generally does not address this requirement. The analysis must evaluate the processing and permit procedures’ impacts as potential constraints on housing supply and affordability, addressing such topics as timing, approval body, approval findings and certainty, and any conditional use permits (CUP) and design review or site plan review processes the City may have in place. The element may need to add or modify programs to address identified constraints as appropriate.

Additionally, the element should indicate whether the City has a written procedure to comply with the SB 35 Streamlined Ministerial Approval Process. If necessary, the element should add or modify programs to establish a procedure by a specified date.

Codes and Enforcement: The element must describe the City’s building and zoning code enforcement processes and procedures, including which building code is utilized and any local amendments to the building code, and analyze their impact as potential constraints on housing supply and affordability.

Housing for Persons with Disabilities: The element must include an analysis of zoning, development standards, building codes, and process and permit procedures as potential constraints on housing for persons with disabilities. For example, the analysis must City of Montebello’s 6th Cycle Draft Housing Element Page 7 November 29, 2021
describe any zoning code definitions of family and any spacing or concentration requirements for housing for persons with disabilities.

This analysis should also address the City’s zoning and procedures for residential care facilities. For example, the element mentions requirements for group homes of six or fewer residents (p. 32), but it does not clarify how the City treats these uses and whether that complies with the State requirements listed. Additionally, the element notes that “Family Care for 7 or More Persons” requires a CUP. The element should analyze the CUP and associated process as a potential constraint on housing for persons with disabilities and add or modify programs to ensure zoning permits group homes objectively with approval certainty.

6. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing. (Gov. Code, § 65583, subd. (a)(6).) The element must be revised to include analysis of requests to develop housing at densities below those anticipated in the sites inventory and the length of time between receiving approval for a housing development and submittal of an application for building permits. The analysis must address any potential hinderances on the construction of a locality’s share of the regional housing need.

7. Analyze existing assisted housing developments that are eligible to change to non-lowincome housing uses during the next ten years due to termination of subsidy contracts, mortgage prepayment, or expiration of use restrictions. (Gov. Code, § 65583, subd. (a)(9) through 65583(a)(9)(D).)
The element identifies several assisted housing developments with funding sources that expire during the planning period (p. 39), but it must also provide an analysis. The analysis of “at-risk” units must include the following:
• Listing of each development by project name and address; • Type of governmental assistance received;
• Earliest date of change from low-income use;
• Total number of elderly and non-elderly units;
• Estimated total cost for producing, replacing and preserving the units at-risk; • Identification of public and private non-profit corporations known to the City to have the legal and managerial capacity to acquire and manage at-risk units; and City of Montebello’s 6th Cycle Draft Housing Element Page 8 November 29, 2021
• Identification and consideration of use of federal, state and local financing and subsidy programs.

For additional information and sample analysis, see the Building Blocks at http://www.hcd.ca.gov/community-development/building-blocks/housing-needs/assistedhousing-developments.shtml and for more information on identifying units at-risk, see the California Housing Partnership Corporation at http://www.chpc.net.

C. Housing Programs

1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov.

Code, § 65583, subd. (c).)
To have a beneficial impact in the planning period and address the goals of the housing element, programs must be revised with discrete timelines, objectives, and specific and clear commitment to outcomes, as follows:
• Quantified Objectives: Program 1 (Code Enforcement).
• Discrete Timing: Programs 1 (Code Enforcement); 5 (Homeless Prevention), needed for creation of toolkit; 12 (Streamline Development Review Process); and 14 (Affirmatively Furthering Fair Housing), needed for amended HRC agreement and posting of materials. Please note that programs 8 (Implement Inclusionary Zoning and Density Bonuses), 9 (Zoning Ordinance Amendments), and 15 (Reasonable Accommodation) involve coming into compliance with State law and as such should be completed within one year of the start of the planning period. • Specific Commitment: Programs containing unclear commitment (e.g., “explore”, “evaluate”, etc.) should be amended to include more specific and measurable actions. These include Programs 1 (Code Enforcement) and 7 (Accessory Dwelling Units).

2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).) City of Montebello’s 6th Cycle Draft Housing Element Page 9 November 29, 2021
As noted in Finding B4, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning was not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:
• Program 6 (Adequate Sites to Accommodate the RHNA) should be amended to ensure compliance with all of the by-right requirements provided in Government Code section 65583.2, subdivisions (h) & (i).
• Program 11 (Objective Design Standards, Approvals By-right and Administrative Approvals) should be amended to clarify that the action meets the definition of byright found in Government Code section 65583.2, subdivision (i). • Replacement Housing Requirements: As noted in Finding B4, the housing element may need to include a program to provide replacement housing. • City-owned Sites: Because the site inventory includes city-owned lands, the element’s programs should include specific commitment to facilitate development on these sites in the planning period. Programs to facilitate development could include actions such as zoning, outreach to developers, incentives, fee waivers, priority processing and financial assistance.

3. The housing element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate-income households. (Gov. Code, § 65583, subd. (c)(2).)
The element must include programs to assist in the development of housing for lower- and moderate-income households, including extremely low-income and special needs households. The program(s) could commit the City to adopting priority processing; granting fee waivers or deferrals; modifying development standards; granting concessions and incentives for housing developments; assisting, supporting, or pursuing funding applications; and proactively working with housing developers to identify development opportunities.

4. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities.

The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Findings B5 and B6, the element requires a complete analysis of potential governmental and non-governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs to address and remove or mitigate any identified constraints.

5. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other City of Montebello’s 6th Cycle Draft Housing Element Page 10 November 29, 2021
characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).) As noted in Finding B1, the element does not contain programs that satisfy the AFFH requirements for specific and meaningful actions to overcome fair housing issues. Based on a complete analysis, the element must add or revise programs.

6. The housing program shall preserve for low-income household the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance. (Gov. Code, § 65583, subd. (c)(6).) As noted in Finding B7, the element does not contain a complete analysis of at-risk units.

The element should amend Program 3 (Preservation of At-Risk Housing) to commit specifically to educate and support tenants of at-risk units, as well as to comply with tenant noticing requirements.

D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).) While the element includes quantified objectives for construction, rehabilitation and conservation, it must also address these objectives for extremely low-income households.

E. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(8).) While the element includes a general summary of the public participation process, it must also summarize the public comments and describe how they were considered and incorporated into the element. Additionally, the element briefly mentions that outreach was undertaken with times and locations “specifically accessible to households within low resource areas of the City” (p. 10). The element must describe in further detail how the City reached all economic segments of the population, particularly lower-income households, in conducting outreach related to its survey and workshops.

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
March 16, 2022
Joseph Palombi, Director
Planning and Community Development Department
City of Montebello
1600 W. Beverly Boulevard
Montebello, CA 90640
Dear Joseph Palombi:

RE: City of Montebello’s 6th Cycle (2021-2029) Revised Draft Housing Element Thank you for submitting the City of Montebello’s (City) revised draft housing element received for review on January 19, 2022. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review.

The draft element addresses some statutory requirements described in HCD’s November 29, 2021 review; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code). The enclosed Appendix describes revisions needed to comply with State Housing Element Law.

As a reminder, the City’s 6th cycle housing element was due October 15, 2021. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.

For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (October 15, 2021), then any rezoning to accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i).

ATTACHMENT D
Joseph Palombi, Director

Page 2 ends

represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

HCD is committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Colin Cross, of our staff, at [email protected].

Sincerely,
Senior Program Manager
Enclosure
Paul McDougall

APPENDIX

Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml.

A. Housing Needs, Resources, and Constraints

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Site Inventory: The element is revised to overlay the site inventory on selected maps (p. 65), but otherwise does not address this requirement. A full analysis should address the income categories of identified sites with respect to location, identify whether sites improve or exacerbate fair housing conditions, and analyze how identified sites affect patterns for all components of the assessment of fair housing (e.g., segregation and integration, Racial/ Ethnic Concentrated Areas of Poverty (R/ECAPs), access to opportunity, disproportionate housing needs). Please see HCD’s prior review. HCD will provide sample analysis under separate cover.

Goals, Actions, Metrics and Milestones: The element is revised to include a table which profiles certain programs and their relationship to the identified contributing factors.

However, the element generally must still be revised with significant and meaningful action that specifically affirmatively further fair housing (AFFH). For example, the element refers to programs such as Program 6 (Adequate Sites to Accommodate the Regional Housing Needs Allocation (RHNA), which is not tailored to AFFH. Other programs listed, such as Program 7 (ADUs) do not constitute meaningful AFFH actions. Based on a complete analysis, the element must add or revise programs with specific commitment to AFFH, timing or milestones and metrics to target meaningful outcomes. Please see HCD’s prior review for additional information.

Additionally, the element provides objectives such as adoption and completion of program actions as its metrics and milestones. However, metrics and milestones should target meaningful AFFH outcomes to measure the City’s progress towards achieving specific fair housing outcomes; for example, the element could set targets for the number of affordable units developed in higher resource areas. The element must be revised to include metrics and milestones that are specific and quantified where appropriate. HCD will send examples under separate cover.

2. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) The element is revised to state that “an inventory of the number of units in need of rehabilitation or replacement is not available” (p. 25). However, the element must provide an estimate of the number of units in need of rehabilitation and replacement. For example, the element could draw from the statistic regarding the percentage of homes inspected by Code Enforcement (p. 56). Please see HCD’s prior review for additional information.

3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov.

Code, § 65583, subd. (a)(3).)
Parcel Listing: The element is not revised to address the requirement to provide the acreage of each parcel. Please see HCD’s prior review.

Realistic Capacity: The element is revised to include a limited statement that realistic capacity assumptions are based on “current trends of similar recent projects approved or built in the area” (p. 78), but does not describe those trends, define the realistic capacity assumptions, or connect the element’s assumptions to those trends. The element must be revised to support its capacity assumptions. Please see HCD’s prior review.

Additionally, the element still does not address the likelihood of 100 percent nonresidential development. Brief revisions are included to state that “none of the sites included would require commercial uses” (p. 78); however, this does not indicate whether 100 percent nonresidential development is allowed on those sites, or the likelihood of 100 percent nonresidential uses occurring on identified sites. The element currently adjusts realistic capacity assumptions downward for certain sites with commercial uses in mind, but it must relate these assumptions to the relevant zones and development trends in those zones.

For more information, please see HCD’s prior review.

Nonvacant Sites: For your information, because the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households, it must demonstrate existing uses are not an impediment to additional residential development and will likely discontinue in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).) As part of adoption, the City must make the appropriate findings in its resolution based on substantial evidence. Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA. HCD will send examples under separate cover.

Infrastructure: The element is revised to clarify that existing infrastructure is sufficient to meet the RHNA for most sites. However, Site 14 (2134 Montebello Town Center) simply states that the site “has access to water, sewer, and dry utilities” (p. 93), without clarifying whether existing or planned infrastructure exists to accommodate the 1,868 units assumed on the site. The element must demonstrate sufficient existing or planned water, sewer, and other dry utilities supply capacity, including availability and access to distribution facilities, to accommodate the City’s RHNA.

Environmental Constraints: The element is revised to state that the City has no brownfield sites and to describe the process required for a Phase I Environmental Site Assessment.

However, the element must still relate the general environmental constraints identified to the specific sites in the inventory and whether there are any known conditions that preclude development in the planning period. For example, the element notes that Site 7 (Montebello Hills Specific Plan) contains “abandoned oil wells” (p. 86), but it must still describe the impact that may have on development within the planning period. Also, other sites appear to have potentially had previous industrial uses which should be analyzed for impacts on development in the planning period.

Electronic Sites Inventory: Pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/community-development/housing-element/index.shtml for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance. Please note, upon adoption of the housing element, the City must submit an electronic version of the sites inventory with its adopted housing element to [email protected].

Zoning for a Variety of Housing Types:
• Emergency Shelters: The element is revised to clarify that emergency shelters are a permitted use in the C-M and M-1 zones. However, the assessment of the suitability of these zones for such uses is limited. This analysis should address topics such as proximity to jobs, transportation, and relevant services; the presence of any environmental hazards; and whether these zones have sufficient capacity to accommodate the identified housing need for emergency shelters. Additionally, the element must still analyze the City’s requirements for emergency shelters (as found in Montebello Municipal Code 17.34.030), some of which appear to be out of compliance with Government Code 65583(a)(4)(A). The element must provide this analysis and add or modify programs as appropriate.
• R-A Zone: Program 9 (Zoning Ordinance Amendments) is revised to ensure that transitional and supportive housing will be allowed in all residential zones. However, the element should still address exclusion of manufactured housing from this zone.

Please see HCD’s prior review for additional information.

4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).)
Land Use Controls: The element is revised to note that the City’s setback requirements will be updated. However, this action should be captured in a program, complete with specific commitment, responsible party, timing and objectives. Additionally, the element must still address HCD’s comments regarding parking requirements. Please see HCD’s prior review for additional information.

On/Off-site Improvements: The element is revised to note that the City has various improvement requirements, but still should list or analyze the specific requirements.

Please see HCD’s prior review.

Processing and Permit Procedures: The element is revised to add new information and analysis regarding the City’s processing and permit procedures. These revisions indicate that a discretionary Site Plan Review and Planning Commission decision are required for any multi-family development of three or more units. The element must be revised to include specific analysis of this potential constraint and add or modify programs as appropriate. Additionally, these revisions note that “larger-scale housing projects that comply with certain criteria can be reviewed administratively” under the Housing Opportunity Overlay (p. 106), but it must also clarify what those criteria are or how a project might achieve administrative review. The element may need to add or modify programs to address identified constraints as appropriate.

Housing for Persons with Disabilities: Revisions to the element indicate that the City excludes subjects group homes for seven or more persons to a conditional use permit (CUP), unlike other similar uses. Additionally, the City’s definition of family appears to be a constraint on housing for persons with disabilities, as it may potentially subject persons with disabilities to special regulations such as the number of persons, population types, and licenses. The element should specifically analyze these constraints for impacts on housing supply, housing choices, and approval certainty and objectivity for housing for persons with disabilities and include programs as appropriate.

5. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including… …the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584... (Gov. Code, § 65583, subd. (a)(6).)
Timing: The element is revised to describe the typical timeframe for the City to process an application for a building permit. However, the analysis should address the length of time between entitlement and application for a building permit.

B. Housing Programs

1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov.

Code, § 65583, subd. (c).)
To address the program requirements of Government Code section 65583, subdivision (c)(1-6), and to facilitate implementation, programs should include: (1) a description of the City’s specific role in implementation; (2) definitive implementation timelines; (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials. Programs to be revised with specific timeframes include:
• Program 6 (Adequate Sites to Accommodate the RHNA): The program should commit to how often (e.g., annually) the City will proactively work with developers to identify development opportunities.
• Program 14 (Affirmatively Furthering Fair Housing): The program should commit to discrete timing (e.g., by 2023) for amending the agreement with Housing Rights Center (HRC).

By-Right Requirements: Program 6 (Adequate Sites to Accommodate the RHNA) is revised to acknowledge the by-right requirements pursuant to Government Code 65583.2, subdivisions (h) and (i). However, the Program should clarify commitment to meet residential only performance standards and permitting 16 units per site pursuant to Government Code 65583.2, subdivisions (h) and (i).

City-Owned Sites: Program 6 (Adequate Sites to Accommodate the RHNA) is revised to commit to facilitating development on City-Owned sites. This program should commit to specific actions, including but not limited to the issuance of an Request For Proposal and relevant timeframes (e.g., annually), to ensure the City’s ability to develop these sites with residential uses during the planning period. These actions should also explicitly reference City-Owned sites in the inventory and include a numeric objective consistent with the assumptions in the element.

3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities.

The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Findings A4 and A5, the element requires a complete analysis of potential governmental and non-governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.

4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding A1, the element does not contain programs that satisfy the AFFH requirements for specific and meaningful actions to overcome fair housing issues. Based on a complete analysis, the element must add or revise programs.

C. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(8).) The element is revised to describe the City’s housing element survey in greater detail.

However, this description alone does not demonstrate a diligent effort to reach all economic segments of the population. Moving forward, the City should employ additional methods for public outreach efforts, particularly to include lower-income and special needs households and neighborhoods with higher concentrations of lowerincome households. For example, the City could conduct targeted stakeholder interviews or establish a committee representative of lower-income households in future public outreach efforts. In addition, the element should also summarize past and future public comments and describe how they were considered and incorporated into the element.

City of Montebello 2021-2029
Housing Element
Draft Initial Study –Negative Declaration
prepared by
City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640
Contact: Monica Mercado-Rodriguez, Associate Planner
[email protected]
(323) 887-1200
prepared with the assistance of
Rincon Consultants, Inc.
180 North Ashwood Avenue
Ventura, California 93003
December 2021

ATTACHMENT E

Table of Contents
Draft Initial Study –Negative Declaration i
Table of Contents
Environmental Factors Potentially Affected.........................................................................................21 Determination ......................................................................................................................................21 Environmental Checklist.......................................................................................................................23 1 Aesthetics..........................................................................................................................23 2 Agriculture and Forestry Resources..................................................................................25 3 Air Quality .........................................................................................................................29 4 Biological Resources..........................................................................................................33 5 Cultural Resources............................................................................................................37 6 Energy ...............................................................................................................................41 7 Geology and Soils..............................................................................................................45 8 Greenhouse Gas Emissions...............................................................................................49 9 Hazards and Hazardous Materials ....................................................................................53 10 Hydrology and Water Quality ...........................................................................................57 11 Land Use and Planning......................................................................................................63 12 Mineral Resources ............................................................................................................65 13 Noise .................................................................................................................................67 14 Population and Housing....................................................................................................73 15 Public Services...................................................................................................................75 16 Recreation.........................................................................................................................79 17 Transportation ..................................................................................................................81 18 Tribal Cultural Resources..................................................................................................83 19 Utilities and Service Systems ............................................................................................87 20 Wildfire..............................................................................................................................91 21 Mandatory Findings of Significance..................................................................................93 References............................................................................................................................................95 Bibliography..................................................................................................................................95 Tables
Table 1 2021-2029 Residential Land Inventory by Development Type...........................................5 Table 2 Quantified Objectives, City of Montebello 2021-2029 Housing Element.........................18 Table 3 SCAQMD Thresholds of Significance.................................................................................30 Figures
Figure 1 Regional Location and Project Area....................................................................................2 Figure 2 Residential Sites Inventory Map .........................................................................................6 City of Montebello
Housing Element
ii
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Environmental Factors Potentially Affected
Draft Initial Study –Negative Declaration 1
Initial Study

1. Project Title
City of Montebello 2021-2029 Housing Element

2. Lead Agency Name and Address
City of Montebello
Department of Community Development
1600 West Beverly Blvd.

Montebello, California 90640

3. Contact Person and Phone Number
Monica Mercado-Rodriguez, Associate Planner
[email protected]
323-887-1200

4. Project Location
The project area is the entire City of Montebello in Los Angeles County, California. The regional location and project area are shown in Figure 1. For a description of the city and its regional context see Section 9, Surrounding Land Uses and Setting.

5. Project Sponsor’s Name and Address
City of Montebello
Department of Community Development
1600 West Beverly Blvd.

Montebello, California 90640

6. General Plan Designation
City-wide

7. Zoning
City-wide
City of Montebello
Housing Element
2 Figure 1 Regional Location and Project Area
Environmental Factors Potentially Affected
Draft Initial Study –Negative Declaration 3

8. Description of Project
Overview and Background
This Initial Study/Negative Declaration (IS-ND) serves as the environmental review of the proposed project, as required by the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq.and the State CEQA Guidelines.

The proposed project (project) consists of a comprehensive update to the Housing Element of the City of Montebello General Plan. State law requires that housing elements be updated every eight years (California Government Code Sections 65580 to 65589.8). The draft Housing Element Update identifies residential sites adequate to accommodate a variety of housing types for all income levels and needs of special population groups, defined under state law (California Government Code Section 65583). It analyzes governmental constraints to housing maintenance, improvement, and development; addresses conservation and improvement of the condition of existing affordable housing stock; and outlines policies that promote housing opportunities for all persons. The City’s Housing Element Update, covering the 2016-2021 Fifth Cycle planning period, was adopted in 2020.

The project would update the City’s Housing Element as part of the sixth cycle of updates. For Montebello, the planning period runs from October 15, 2021 through October 15, 2029.

Additionally, updating the Housing Element would bring it into compliance with state legislation passed since the adoption of the 1973 General Plan, 2016-2021 Housing Element, and the 2017 Housing Element Update Environmental Checklist. There are multiple components of the draft Housing Element Update that mirror those of the previous Housing Element, but have been updated to reflect current conditions, including:
▪ An Introduction and profile/analysis of the city’s current demographics, housing characteristics, and existing and future housing needs
▪ Review of resources available to facilitate and encourage the production and maintenance of housing
▪ Analysis of market constraints on housing production and maintenance ▪ An evaluation of accomplishments under the previous Housing Element (Fifth Cycle) ▪ A statement of the Housing Plan to address the city’s identified housing needs, including an assessment of past accomplishments, and a formulation of housing goals, policies, and programs to facilitate the 2021 Housing Element Update (Sixth Cycle) ▪ An identification of the City’s quantified objectives for the 2021-2029 Regional Housing Needs Allocation1(RHNA) period, by income group, based on growth estimates, past and anticipated development, and income data
▪ A summary of the public outreach process undertaken by the City to inform the draft 2021 Housing Element Update
▪ Updated Demographic and Housing Analysis from the latest American Community Survey, and other demographic data sources for the City
▪ Analysis for consistency with new State laws. Since the 2016-2021 Housing Element, the State enacted legislation to encourage housing development including, in some cases, requiring local jurisdictions to streamline project approvals for the purpose of expediting housing 1 The RHNA process is explained below.

City of Montebello
Housing Element
4 development. The project includes an analysis of these new regulations and as needed, programs to implement them
▪ Updated Sites Inventory and Rezone Program. The draft Housing Element Update includes a citywide housing sites inventory which identifies properties with the potential for residential development sufficient to accommodate the City’s RHNA. No formal land use changes or physical development are proposed at this time and future changes would require environmental evaluation because the potential impacts of such development are locationspecific and cannot be assessed in a meaningful way until project sites and development proposals are identified.

The draft Housing Element Update establishes objectives, policies, and programs to assist the City in achieving state-mandated housing goals. The City’s implementation of these policies and programs includes future amendments to other elements of the General Plan and amendments to the City’s Zoning Ordinance to ensure consistency between all these documents. Pursuant to Government Code section 65583(c)(1), these actions will be accomplished within three years of the City’s adoption of the draft Housing Element Update. As required by Government Code Section 65583(c)(8), the draft Housing Element Update provides a timeline for processing any amendment to the General Plan, Zoning Ordinance, and any other land use document that implements the draft Housing Element Update.

Lead agencies are also required to consider the guidelines adopted by the Department of Housing and Community Development (HCD) in the preparation of the Housing Element (§65585). Periodic review of the Element is required to evaluate (1) the appropriateness of its goals, objectives and policies in contributing to the attainment of the state housing goals, (2) its effectiveness in attaining the City's housing goals and objectives and (3) the progress of its implementation (§65588).

Regional Housing Needs Allocation Process
State Housing Element law requires local jurisdictions to update their Housing Elements at least once every eight years in response to the eight-year Regional Housing Needs Allocation (RHNA) Process. The RHNA process defines each local jurisdiction’s share (RHNA) of the region’s projected housing needs, by income category, for the planning period. State law mandates that jurisdictions provide sufficient land to accommodate a variety of housing opportunities for all economic segments of the community. Compliance with this requirement is measured by the jurisdiction’s ability to identify adequate sites to accommodate the RHNA. The Southern California Association of Governments (SCAG), as the regional planning agency, is responsible for allocating the RHNA to individual jurisdictions within the region. Montebello’s 5th Cycle Housing Element covered the 2016-2021 planning period. Montebello’s 6
th Cycle Housing Element (the proposed project) covers
the 2021-2029 planning period.

The City of Montebello’s 6th Cycle RHNA is 5,186 units, broken down by income category as follows:
▪ Very Low Income (<50% of AMI): 1,314 units
▪ Low Income (50 to 80 percent of AMI): 707 units
▪ Moderate Income (80 to 120 percent of AMI): 777 units ▪ Above Moderate Income (>120% of AMI): 2,388 units
While the Cycle 6 Housing Element covers a planning period of October 15, 2021 through October 15, 2029, the RHNA period for this Housing Element begins June 30, 2021 and runs through October 15, 2029. Housing units constructed or permitted prior to July 1, 2021 are therefore not included when identifying adequate sites to accommodate the City’s RHNA for this Housing Element cycle.

Environmental Factors Potentially Affected
Draft Initial Study –Negative Declaration 5
Residential Land Inventory
Section 65583(a)(3) of the Government Code requires Housing Elements to contain an “inventory of land suitable for residential development, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites.” The 2021-2029 Housing Element contains an analysis of land that is available for the development of housing within the Cycle 6 planning period including sites that do not require rezoning, pipeline units, housing opportunity sites, and Accessory Dwelling Units (ADU’s). The results of this analysis are summarized in Table 1 below, which is adapted from Table 8.1 of the 2021-2029 Housing Element. Table 1 shows that the City’s residential land inventory exceeds its total Cycle 6 RHNA and exceeds its Cycle 6 RHNA in all income categories.

Table 1 2021-2029 Residential Land Inventory by Development Type Income Category
Site Type VL/L Mod Above Total
Sites that Do Not Require Rezoning 0 56 1,467 1,523
Pipeline Units 319 286 532 1,243
Housing Opportunity Sites 1,712 518 832 3,062
Accessory Dwelling Units 0 0 56 56
Total Potential Housing Units 2,031 860 2,887 5,778
RHNA 2,021 777 2,388 5,186
Source: City of Montebello Housing Element Update 2021-2029, 2021 The location of the sites included in the Residential Sites Inventory is shown in Figure 2.

City of Montebello
Housing Element
6 Figure 2 Residential Sites Inventory Map
Source: City of Montebello Housing Element Draft 2021-2029, 2021 Environmental Factors Potentially Affected
Draft Initial Study –Negative Declaration 7
Goals, Policies, Programs, and Objectives
State law requires that the Housing Element include a statement of goals, policies, quantified objectives, and scheduled programs for the preservation, improvement, and development of housing. The City’s 6th Cycle Housing Element includes the following goals, policies, objectives, and programs.

Goals
Goal 1: Conservation and Preservation of existing supply Goal 2: Increase housing production to improve affordability for the City’s current and future residents.

Goal 3: Increase housing choices for the City’s diverse cultures, lifestyles, abilities, family structures, and income levels.

Policies
Policy 1.1: The City shall strive to ensure safe, sanitary, and decent housing for all segments of the community.

Policy 1.2: The City will continue to provide proactive code enforcement activities to maintain and improve the quality of housing and neighborhoods and encourage the rehabilitation of substandard residential properties by homeowners and landlords.

Policy 1.3: The City shall strive make every effort to continue to provide assistance for rehabilitation of existing structures, and will advertise the availability of housing rehabilitation assistance.

Policy 1.4: The City shall continue to conserve existing affordable housing for lower income renters through continuation of rent subsidies, encouraging landowners to extend Section 8 contracts, and encouraging the use of rehabilitation programs.

Policy 1.5: Stabilize rent levels and provide protection from unwarranted evictions to prevent displacement and ensure existing residents enjoy access to improved amenities and services.

Policy 2.1: The City shall increase zoning capacity to allow more housing to be built.

Policy 2.2: The City shall avoid over concentration of investment (and possible gentrification) by spreading the increased zoning capacity throughout the City.

Policy 2.3: The City shall encourage more attainable housing to be built where it will best support the City’s other social, economic, and environmental priorities.

Policy 2.4: The City shall increase housing supply and reduce displacement by permitting housing in commercial zones.

Policy 2.5: The City shall develop objective design standards and make development approvals for complying projects by right.

Policy 2.6: The City shall streamline entitlement and permitting process to reduce the cost of new housing and to accelerate housing production.

City of Montebello
Housing Element
8 Policy 3.1: Through Inclusionary Housing requirements and Density Bonus incentive, the City will facilitate development of affordable housing within high resources areas.

Policy 3.2: Through General Plan update, development of Downtown Montebello Specific Plan, and Parks Master Plan, the City will expand transit, parks and open spaces, public facilities, and jobs to underserved areas of the City so existing and new housing units in these areas will also have access to higher degree of resources.

Policy 3.3: The City will promote greater awareness of tenant and landlord rights and obligations, educate residents about homeownership, and promote economic mobility.

Policy 3.4: The City will avoid displacement of low-income households and where necessary, ensure that it is carried out in an equitable manner.

Policy 3.5: The City shall oppose any discrimination in the sale or rental of housing based on race, religion, color, ancestry, national origin, age, sex, sexual orientation, family type, handicap, or presence of minor children.

Programs
Program 1: Code Enforcement
Code enforcement is essential to ensuring housing conservation and rehabilitation. The Code Compliance Division enforces building and property maintenance regulations with a goal of compliance and safety.

Code Compliance officers respond to complaints to identify violations, and then direct owners to appropriate City departments to achieve compliance.

The City has long maintained an aggressive code enforcement program (CEP) to preserve and protect existing neighborhoods, and to avoid deterioration caused by neglect, graffiti, and deferred maintenance. The Code Enforcement Division has a staff of 4 field officers and one manager who carry an average of 88 open cases per month. They close/resolve approximately 57 cases per month. Typical cases related to residential properties were on: substandard housing, property maintenance, weed abatement, and zoning violations.

Subject to staff and resource availability, in the next four years the City will explore the feasibility of establishing a proactive Rental Housing Inspection program that focuses on physical/structural conditions. By 2025, the existing Code Enforcement program will be evaluated for its effectiveness and impact on neighborhood conditions to determine if the program needs to be adjusted or continued.

Responsible Agency: Code Enforcement Division
Timeframe: Ongoing
Funding source: General fund
Program Objective: To continue to implement the code enforcement program to bring substandard housing units into compliance with City building and zoning codes
Environmental Factors Potentially Affected
Draft Initial Study –Negative Declaration 9
Program 2: Home Rehabilitation and Preservation Program (HRPP) The City offers deferred loans to lower income households to address health and safety issues, code violations, overcrowding, accessibility, and maintenance and repairs. The City of Montebello offer loans of up to $50,000 to eligible Montebello homeowners to rehabilitate their home.

The City’s Home Rehabilitation and Preservation Program (HRPP) is designed to improve the existing housing stock. The City will continue to provide funding for the Home Rehabilitation and Preservation Program (HRPP). to improve the City’s housing stock in need of rehabilitation, to provide safe, decent, and sanitary housing for lower income families.

Information on this program will be posted on the City’s website and places of public interest like the Public Library and Senior Center. Information outlining the benefits of the HRPP program will also be included in the City’s newsletter.

Responsible Agency: Housing Division
Timeframe: Ongoing
Funding source: HOME, CDBG, Permanent Local Housing Allocation (PLHA) Program objective: To preserve and conserve the City’s affordable housing stock; facilitate rehabilitation of five housing units annually or 40 units during the planning period
Program 3: Preservation of At-Risk Housing
The City is committed to guarding against the loss of housing units reserved for lower income households. Three assisted projects in the City of Montebello, the Beverly Towers, Casa La Merced, and Montebello Downtown Plaza have expiring affordability contracts and are at risk of converting to market rate during the 6th Housing Cycle (2021-2029). The projects are owned and operated by a nonprofit organization, therefore are at low risk of converting to market rate.

The City will:
• Maintain and annually update the inventory of “at-risk” projects through the use of existing databases;
• Monitor the status of affordable projects, rental projects, and mobile homes in Montebello. Should the property owners indicate the desire to convert properties technical assistance will be provided. When possible, financial assistance could be provided to ensure long-term affordability; and • Work with owners, tenants, and nonprofit organizations to assist in the nonprofit acquisition of at-risk projects to ensure the long-term affordability of the development. Annually contact property owners, gauge interest, and identify nonprofit partners and pursue funding-and-preservation strategies on a project basis.

The City will annually identify funding sources for at-risk preservation and acquisition rehabilitation and pursue these funding sources at the federal, state, or local levels to preserve at-risk units on a project-by-project basis. If conversion of units is likely, the City will work with local service providers as appropriate to seek City of Montebello
Housing Element
10 funding to subsidize the at-risk units in a way that mirrors the HUD Housing Choice Voucher (Section 8) program.

Responsible Agency: Housing Division
Timeframe: Ongoing
Funding source: General fund
Program objective: To annually monitor the status of the 372 affordable housing units that are at risk of converting to market-rate during the 2021-2029 Housing Element planning period and if any become at risk, work with property owners to develop a strategy to maintain any at-risk as affordable Program 4: Section 8 Rental Subsidies
Under the project-based Section 8 program, subsidies are distributed to apartments that house very-low income households. The County of Los Angeles Housing Authority distributes tenant-based Section 8 Housing vouchers to renters who wish to apply the voucher to landowners who accept such vouchers. Montebello participates in the Section 8 program by advertising the program and referring potential recipients to appropriate authorities.

The City will continue to encourage local landlords to accept rental vouchers.

Information can be included in the City’s newsletter outlining the benefits of the Housing Choice Voucher program.

Responsible Agencies: County of Los Angeles Housing Authority; Housing Division Timeframe: Ongoing
Funding source: Los Angeles County
Program objective: To support the County's efforts to maintain the current level of Section 8 rental assistance, and direct eligible households to the program; to provide information and referrals to landlords regarding participation in the Section 8 Rental Assistance Program; and to advertise Section 8 rental assistance programs at community centers, City Hall, the City website, and at other public locations Program 5: Homeless Prevention
Developing strategic preventive measures that aim in reducing the risk of homelessness, by addressing the elements that contribute to this risk and by establishing protective factors that contribute to reducing social and health inequities. Providing a series of timely interventions to reduce the likelihood that someone will experience homelessness. For those who have experienced homelessness, identifying the necessary resources that will contribute in developing stable housing options, enhancing safety, and social inclusion, reducing health disparities and decreasing the risk of the recurrence of experiencing homelessness.

The City will:
• Collaborate and build partnerships with community agencies to develop a shared universal data system and triage toolkit that will track clients and services provided, evaluate eligibility and identify housing barriers in order to prioritize referral to specialized support resources.
• Continue to support and engage with community-based organizations (CBOs), social services agencies and faith-based providers that provide services to the Environmental Factors Potentially Affected
Draft Initial Study –Negative Declaration 11
those experiencing homelessness, persons at risk of becoming homeless and non-homeless persons with special needs;
• Continue to support efforts by local nonprofits to expand the transitional and temporary housing units (Operation Safe Stay) with support services within the City;
• Continue to develop, implement and update the City’s Plan to Prevent and Combat Homelessness.
• Develop appropriate cultural and inclusive housing strategies that target communities at higher risk of entering homelessness, such as outreach programs, landlord incentives, veterans, seniors, youth and Lesbian, Gay, Bisexual, Transgender, Questioning, Intersex, Asexual and Two-Spirit (LGBTQIA2S+).
• Develop mechanism to increase funding and sustainability through grant funding that address homeless prevention, such as interim housing, transitional housing, and other supportive services (rental arrears, utility payments, or security deposits for rental housing);
• Create homelessness prevention toolkit with overview of resources for legal services, tenant-landlord issues, benefits, and workforce development, etc. • Engage local businesses and business groups about hiring homeless and formerly homeless individuals, providing job training, or becoming an employment site program.
• Adopt an Economic Empowerment Ordinance to encourage local hiring of homeless and formerly homeless individuals in City-supported contracts.

Homeless service providers that the City partners with include:
• People Assisting the Homeless (PATH)
• Jovenes, Inc
• Whole Child Services
• Los Angeles County Department of Health Services (DHS) • Los Angeles County Department of Mental Health (DMH)
• Los Angeles Housing and Services Authority (LAHSA)
Responsible Agency: Housing Division and Fire Department Timeframe: Ongoing. The Economic Empowerment Ordinance will be adopted within 2 years of the adoption of the Housing Element.

Funding source: San Gabriel Valley Council of Governments, CDBG and HOME
Program objective: To avoid or exit homelessness quickly by either retaining their housing or using other housing strategies to ensure people move into permanent City of Montebello
Housing Element
12 and stable accommodations that are affordable, safe, and appropriate with the support they need to thrive
Program 6: Adequate Sites to Accommodate the RHNA
To address the 2021–2029 RHNA, the City shall amend the General Plan and the Zoning Code to allow residential uses on identified sites together with objective design standards that promote contextual development. The City has a Regional Housing Needs Allocation (RHNA) of 5,186 units, including 1,314 very low income,707 low income, 777 moderate income, and 2,388 above moderate income units for the 2021- 2029 RHNA planning period. The City is committed to ensuring adequate capacity in its residential land inventory to meet its RHNA.

Total of 21 sites and citywide ADUs are projected to accommodate 5,778 units. This includes residential zoned sites that were included in the 5th cycle, pipeline units, opportunity sites, and 56 ADUs. A total of 1,523 units are proposed on sites zoned appropriately. A total of 3,062 units proposed on opportunity sites and 312 pipeline units are currently not zoned for residential uses and could be eligible for by-right development review provision pursuant to Government Code section 65863.2, subdivisions (h) and (i). Two pipeline unit projects for total of 825 units are on City owned parcels and are exempt from zoning process.

City Staff will encourage the development of affordable housing for large units by supporting developers that are submitting family projects for 9% Low Income Housing Tax Credits, which require that at least 25 percent of the units have at least three bedrooms.

The City will develop a monitoring procedure to ensure adequate capacity remains to accommodate the City’s remaining RHNA for all income groups, as sites are being developed. The City will also conduct a mid-term review of the effectiveness of the new land use policies and objective standards to ensure the City is on track with its housing production goals
Responsible Agency: Planning Division, Housing Division Timeframe: Rezoning will be completed within one year of adoption of the Housing Element.

Funding source: Local Early Action Planning (LEAP) Grant funds, General Fund
Program objective: Provide adequate residential sites and opportunities for affordable housing commensurate with the City’s RHNA
Program 7: Accessory Dwelling Units (ADUs)
ADUs provide an effective means of addressing the needs of moderate- and lowerincome households, including seniors on fixed incomes. The City will continue to promote ADUs in accordance with the State laws, provide handouts and/or informational displays at the Planning and Community Development Department counter, on the City’s website, and other appropriate locations detailing the requirements and the process for obtaining approval.

The Housing Division will create incentives by offering homeowners comprehensive assistance for available funding, designing, permitting, and constructing a new affordable rental unit on their property. To eliminate the life-safety risks associated with Environmental Factors Potentially Affected
Draft Initial Study –Negative Declaration 13
an existing unpermitted ADU or illegal garage conversion, financial assistance will also be extended to rehabilitate and bring up to code existing accessory units. The homeowners would pay off the construction loan with the rental income that is subsidized by the Section 8 program.

Responsible Agency: Planning and Community Development Department Timeframe: Ongoing. By 2025, the City will identify and begin implementing the incentives to promote ADUs being built for lower- and moderateincome households.

Funding source: HUD
Program objective: To provide a variety of housing options for lower- and moderate-income households, with the goal of approving at least 7 ADUs per year, for a total of 56 ADUs during the 2021-2029 Planning Period
Program 8: Implement Inclusionary Zoning and Density Bonuses The City will adopt an Inclusionary Zoning Ordinance that requires all new development to provide some percentage of affordable housing on-site, occasionally allowing for an in-lieu fee to fund off-site affordable housing instead.

The City will adopt a Density Bonus Ordinance that permits a developer to increase the maximum allowable development on a site in exchange for either funds for off-site affordable housing or in-kind support for production of additional low-income housing units.

Responsible Agency: Planning Division
Timeframe: Revise the Zoning Ordinance within two years of adoption of the Housing Element.

Funding source: General Fund
Program objective: To require and encourage development of affordable housing Citywide
Program 9: Zoning Ordinance Amendments
To facilitate shelter development and housing for persons with disabilities (AB 101, AB 139, AB 2162), and to comply with the Employee Housing Act (Health and Safety Code Section 17021.5), the City will review and revise the zoning ordinance, as appropriate, to ensure compliance with State law:

Low Barrier Navigation Centers (AB 101): AB 101 requires cities to allow a Low Barrier Navigation Center development by right in areas zoned for mixed uses and nonresidential zones permitting multifamily uses if it meets specified requirements. A “Low Barrier Navigation Center” is defined as “a Housing First, low-barrier, serviceenriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.” Low Barrier shelters may include options such as allowing pets, permitting partners to share living space, and providing storage for resident’s possessions.

Emergency and Transitional Housing (AB 139): Local governments may include parking requirements for emergency shelters specifying that adequate parking must be provided for shelter staff, but overall parking requirements for shelters may not exceed the requirements for residential and commercial uses in the same zone. The City’s City of Montebello
Housing Element
14 Zoning Ordinance does not include specific parking requirements for emergency shelters. Therefore, an amendment is not necessary but may be considered to ensure consistent implementation.

Supportive Housing (AB 2162): Requires cities to allow supportive housing by right in zones where multi-family and mixed uses are allowed. Transitional and supportive housing are permitted as a residential use and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone {Government Code Section 65583(a)(5)}.

Employee Housing Act (Health and Safety Code Section 17021.5): Requires cities to consider farmworker housing with up to 36 beds or 12 units an agricultural use and be similarly permitted. Furthermore, it requires the cities to consider employee housing for six or fewer employees as a single family residential use.

Smaller Units: The City will amend the zoning ordinance to allow smaller homes such as Single-Room Occupancy (SROs) and Tiny Homes.

Responsible Agency: Planning and Community Development Department Timeframe: Revise the Zoning Ordinance within two years of adoption of the Housing Element
Funding source: CDBG, General Fund, and Local Early Action Planning (LEAP) Grant Funding
Program objective: Bring the City’s Zoning Ordinance into compliance with AB 101, AB 139, AB 2162, and the Employee Housing Act and to increase the range of housing types in the City
Program 10: Montebello Community Assistance Program
The Montebello Community Assistance Program (MCAP) is a first responder and behavioral paramedicine model approach launched by the City of Montebello Fire Department. The program establishes collaborations with various community-based organizations, local healthcare providers, and work with surrounding cities.

Working in a field-based outreach and services model, MCAP is staffed by a Firefighter/Paramedic, Social Worker/EMT, Field-Based Case Manager, and Housing Navigator. This team works in partnership with people experiencing homelessness to address complex medical conditions, mental health, and/or substance abuse disorders.

The MCAP team determines the evidence-based treatments and impactful system navigation services through the data collection and evaluation. MCAP also provides intensive care management services, behavioral health support, assists with linkages to housing needs, and raises awareness among local leaders and community residents to decrease social stigma as it relates to behavioral issues and homelessness. MCAP connects clients with the following services in the community:
• Food/Showers Assistance
• Substance Use Disorder Assistance
• Medical Assistance
• Mental Health Assistance
• Dental Assistance
Environmental Factors Potentially Affected
Draft Initial Study –Negative Declaration 15
• Linkages to Housing Services (Interim and Long-Term Housing) • Social Service Assistance
Responsible Agency: Fire Department
Timeframe: Ongoing
Funding source: Gateway Cities Council of Governments and CDBG Program objective: To use the 911 dispatch/mobile crisis response team to support individuals with the proper resources to address chronic homelessness Program 11: Objective Design Standards, Approvals By-right and Administrative Approvals Discretionary approval processes are time-consuming, unpredictable, and can lead to denial of housing development that meets all standards. The City shall adopt clear, precise, and objective standards (SB 330) based on community vision and streamline the approval process for projects that conform to those rules.

Pursuant to AB 1397, RHNA sites that require rezoning to accommodate the lowerincome RHNA shortfall are subject to by-right approval if the project includes 20% affordable units. To facilitate consistent application of this incentive, the City will extend an administrative approval (Director’s Approval) process to all projects that include 20% lower income units, comply with objective design standards, and engage a town architect to facilitate a spatial and contextual review of the project.

Responsible Agency: Planning Division
Timeframe: Adopt objective design standards within two years of adoption of the Housing Element.

Funding source: General Fund and Local Early Action Planning (LEAP) Grant Funding
Program objective: To make the entitlement process more predictable and less expensive
Program 12: Streamline Development Review Process
Regulatory relief that streamlines and increases the predictability of permitting and regulatory review processes can lower development costs and stimulate new construction. The City will map all of its discretionary review and approval processes and eliminate steps in the development review process for affordable housing projects that add no value or marginal value to the process or outcome. For affordable housing projects involving more than 4 units, a town architect will be brought in to assist in the review and explore win-win solutions to facilitate a spatial and contextual review with a smoother process and superior outcomes.

Responsible Agency: Planning Division
Timeframe: Ongoing
Funding source: General fund, Developer Fee for Town Architect Services Program objective: Streamline affordable housing projects Program 13: Energy Conservation
The City will continue to post and distribute information on currently available weatherization and energy conservation programs to residents and property owners through annual mailings in City utility billings, distribution of program information to community organizations and at municipal offices, and the City’s website. The City will City of Montebello
Housing Element
16 continue to enforce state requirements, including Title 24 of the California Code of Regulations, for energy conservation in new residential projects and will encourage residential developers to employ additional energy conservation measures for the siting of buildings, landscaping, and solar access.

The City will provide incentives to promote walkable urban housing along transit corridors, encourage passive or active energy saving features such as solar panels, efficient appliances, efficient building materials in new construction and remodels, promote energy audits and participation in utility conservation programs, and facilitate energy conserving retrofits.

Responsible Agency: Building and Safety Division and Planning Division Timeframe: Ongoing
Funding source: General Fund, Strategic Growth Council Affordable Housing and Sustainable Communities Program Grant (Cap and Trade) Program objective: Increase public awareness and information on energy conservation opportunities and assistance programs for new and existing residential units, and comply with state energy conservation requirements Program 14: Affirmatively Furthering Fair Housing
To discourage discriminatory housing practices, the City will contract with the Housing Rights Center. Services include housing discrimination response, landlord-tenant relations, and housing information counseling. The City will continue to use the Housing Rights Center for referral assistance and education programs. As part of this program, the City will place brochures and flyers prepared by the Housing Rights Center Council at a kiosk in the City Hall lobby, the Planning and Community Development Department lobby, and at the local library in the City. The outreach literature is available in English and Spanish language. In addition, the City will continue to maintain fair housing referral information on its public website. During the planning period, the California Housing Rights Center will hold Landlord Workshops and include discussions on the prohibited discriminatory practices pertaining to service and companion animals, reasonable accommodations, and reasonable modifications.

Specific actions to remedy impediments to Fair Housing include the following:
j) The City will continue to retain the Housing Rights Center to process housing discrimination complaints.
k) The City’s website will post background information on fair housing and how to contact the Housing Rights Center.
l) Educational and outreach materials will be disseminated to residents, local real estate agents, and the on-site apartment managers of the larger apartment communities. m) The City will amend its agreement with the Housing Rights Center to include a periodic review of newspaper and online advertising. When discriminatory advertising is found, the Housing Rights Center will then contact the on-site manager of the apartment community placing the ad.
n) The City will amend its agreement with the Housing Rights Center to include coordinating with local newspapers to include a statement that disabled people have a right to request a reasonable accommodation for a service or companion animal.

Environmental Factors Potentially Affected
Draft Initial Study –Negative Declaration 17
Responsible Agency: Housing Division; Southern California Housing Rights Center Timeframe: Ongoing
Funding source: CDBG
Program objective: To discourage discriminatory housing practices in the City of Montebello
Program 15: Reasonable Accommodation Program
Under this program, the City will adopt a Reasonable Accommodation Ordinance to provide exception in zoning and land-use regulations for housing and/or improvements for persons with disabilities. Currently, the City’s Zoning Ordinance contains no such provisions. The procedures related to the program’s implementation will be ministerial in nature with minimal or no processing fee. Improvements may be approved by the Planning and Community Development Director subject to the following findings:
• The request for reasonable accommodation must be used by an individual with a disability protected under fair housing laws;
• The requested accommodation is necessary to make housing available to an individual with a disability protected under fair housing laws; • The requested accommodation would not impose an undue financial or administrative burden on the City; and
• The requested accommodation would not require a fundamental alteration in the nature of the City's General Plan and Zoning Ordinance.

Responsible Agency: Planning Division and Building and Safety Division Timeframe: Adopt the Reasonable Accommodation Ordinance within two years of adoption of the Housing Element
Funding source: General Fund
Program objective: To provide streamlined permitting process for making homes more accessible to persons with disabilities.

Quantified Objectives
The City’s quantified objectives for new construction, rehabilitation and conservation are presented in Table 8.1 of the Housing Element, and in Table 2 below. The quantified objectives for new construction exceed the City’s Cycle 6 RHNA allocation. The objectives for rehabilitation assistance are an estimate based on historical trends of such City assistance and an estimate of what the City can reasonably achieve during the 2021-2029 Cycle 6 Housing Element period.

City of Montebello
Housing Element
18 Table 2 Quantified Objectives, City of Montebello 2021-2029 Housing Element Income Category
V. Low Low Mod
Above
Moderate Totals
2021-2029 RHNA
Allocation 1,311 705 775 2,383 5,174
Sites That Do Not Require
Rezoning -- -- 56 1,467 1,523
Pipeline Units 216 103 286 532 1,137
Housing Opportunity Units 1,101 611 518 832 3,062
Accessory Dwelling Units -- -- -- 56 56
Rehabilitation -- 20 20 -- 40
Housing Assistance
Vouchers 726 -- -- -- 726
Stability from
Displacement 372 -- -- -- 372
Source: City of Montebello Housing Element Update 2021-2029, 2021

9. Surrounding Land Uses and Setting
The proposed project would be carried out city-wide. The project area is therefore the entire city of Montebello, which consists of a total land area of 8.25 square miles. The city is located at the southwestern portion of the San Gabriel Valley, in Los Angeles County. According to the California Department of Finance (2021), the City of Montebello has an estimated population of 63,264 (CDOF, May 2021). As shown in Figure 1, Montebello is situated approximately 7 miles southeast of Downtown Los Angeles. Montebello is bordered by Monterey Park and Rosemead to the north; the City of Commerce and unincorporated portions of Los Angeles County on the west; the Whittier Narrows Recreation area on the east; the City of Commerce on the southwest; and the City of Pico Rivera on the southeast. There are two freeways and highways that provide direct regional access to the project area: State Route-60 (SR-60) to the north, and Interstate 5 (I-5) to the south.

The City of Montebello has a Mediterranean climate and its proximity to the ocean helps to produce moderate temperatures year-round. Marine breezes allow for cloudy early mornings, clearing away in the afternoon. Average daytime summer temperatures in the area are usually found within the 70s (Fahrenheit). Characteristic of Montebello’s moderate Mediterranean climate, the wet winter temperatures are in the high 50s. Annual average rainfall in Montebello is about 17 inches (Safety Element 2016).

Environmental Factors Potentially Affected
Draft Initial Study –Negative Declaration 19

10. Other Public Agencies Whose Approval is Required
The Housing Element has been submitted to HCD for review and comment. The City will seek certification of the Housing Element from HCD.

11. Have California Native American Tribes Traditionally and Culturally Affiliated with the Project Area
Requested Consultation Pursuant to Public Resources
Code Section 21080.3.1?
No California Native American tribes traditionally or culturally affiliated with the project area have requested consultation pursuant to Public Resources Code Section 21080.3.1 to date, but City staff will reach out to representatives of tribal organizations traditionally and culturally affiliated with the project area during circulation of this IS-ND.

City of Montebello
Housing Element
20 This page intentionally left blank.

Environmental Factors Potentially Affected
Draft Initial Study –Negative Declaration 21
Environmental Factors Potentially Affected
This project would potentially affect the environmental factors checked below, involving at least one impact that is “Potentially Significant” or “Less than Significant with Mitigation Incorporated” as indicated by the checklist on the following pages.
□ Aesthetics □ Agriculture and
Forestry Resources
□ Air Quality
□ Biological Resources □ Cultural Resources □ Energy
□ Geology and Soils □ Greenhouse Gas
Emissions
□ Hazards and Hazardous
Materials
□ Hydrology and Water
Quality
□ Land Use and Planning □ Mineral Resources
□ Noise □ Population and
Housing
□ Public Services
□ Recreation □ Transportation □ Tribal Cultural Resources □ Utilities and Service
Systems
□ Wildfire □ Mandatory Findings of
Significance
Determination
Based on this initial evaluation:
■ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
□ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
□ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
□ I find that the proposed project MAY have a “potentially significant impact” or “less than significant with mitigation incorporated” impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

Environmental Checklist
Aesthetics
Draft Initial Study –Negative Declaration 23
Environmental Checklist
1 Aesthetics
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Except as provided in Public Resources Code
Section 21099, would the project:
a. Have a substantial adverse effect on a
scenic vista that is visible from a City
scenic corridor? □ □ □ ■
b. Substantially damage scenic resources
including, but not limited to, trees, rock
outcroppings, and historic buildings
within a state scenic highway? □ □ □ ■
c. Conflict with applicable General Plan
policies or zoning regulations governing
scenic quality? □ □ □ ■
d. Create a new source of substantial light or
glare which would adversely affect day or
nighttime views in the area? □ □ □ ■
The Housing Element Update would apply to the entire geographic area located within the boundaries of the City of Montebello, which encompasses 8.25 square miles. The City of Montebello lies within the San Gabriel Valley and is landlocked, bordered by Monterey Park and Rosemead to the north; the City of Commerce and unincorporated portions of Los Angeles County on the west; the Whittier Narrows Recreation area on the east; the City of Commerce on the southwest; and the City of Pico Rivera on the southeast.

Scenic views generally refer to visual access to, or the visibility of, a particular natural or man-made visual resource from a given vantage point or corridor. Focal views focus on a particular object, scene, setting, or feature of visual interest. Panoramic views, or vistas, provide visual access to a large geographic area, for which the field of view can be wide and extend into the distance.

Panoramic views are usually associated with vantage points looking out over urban or natural areas that provide a geographic orientation and view not commonly available. Examples of panoramic views might include an urban skyline, a valley, a mountain range, the ocean, or other water bodies.

Montebello’s Conservation Element addresses the importance of the Montebello Hills as a physical feature which encompass one third of the city. The hills are part of a discontinuous range which spans Los Angeles County and are used for oil extraction. The most notable body of water is the Rio Hondo River that runs north to south through the eastern portion of the city. The Rio Hondo runs in a concrete flood control channel south of the Whittier Narrows Dam but in a more natural channel in the Bosque Del Rio Hondo north of the dam.

City of Montebello
Housing Element
24 a. Would the project have a substantial adverse effect on a scenic vista that is visible from a City scenic corridor?
b. Would the project substantially alter or damage a scenic resource that is visible from a City scenic corridor?
c. Would the project conflict with applicable General Plan policies or zoning regulations governing scenic quality?
d. Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
As demonstrated in Table 1, the land inventory for the proposed project exceeds the City’s RHNA allocation across all income categories. To help achieve this, the 2021-2029 Housing Element Update proposes rezoned sites; however, these rezonings would increase housing density in areas that are already urbanized. In addition, any site-specific and project-specific impacts of future projects on land inventory sites would depend on what exactly is proposed for those sites once a developer submits an application for development on the site. Any construction related and localized impacts would be reviewed through the development review and, if applicable, CEQA processes at the time of project submittal.

The 2021-2029 Housing Element Update would facilitate housing, including affordable housing, in areas where housing of similar height and density could already occur in accordance with existing land use regulations. Therefore, the proposed project would not substantially affect scenic vistas or scenic resources or create new substantial sources of light or glare in these areas. As discussed in Section 11, Land Use and Planning and Section 14, Population and Housing, the project is also fully consistent with the City’s General Plan. All applicable City policies and review processes related to aesthetics would continue to apply to future development carried out after adoption of the proposed project. Therefore, the 2021-2029 Housing Element Update would not have a substantial adverse effect on scenic vistas, scenic resources, or visual character or quality, nor would it create a new source of substantial light or glare that would adversely affect daytime or nighttime views, and there would be no impact.

NO IMPACT
Environmental Checklist
Agriculture and Forestry Resources
Draft Initial Study –Negative Declaration 25
2 Agriculture and Forestry Resources
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
In determining whether impacts to
agricultural resources are significant
environmental effects, lead agencies may
refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997)
prepared by the California Dept. of
Conservation as an optional model to use in
assessing impacts on agriculture and
farmland. In determining whether impacts to
forest resources, including timberland, are
significant environmental effects, lead
agencies may refer to information compiled
by the California Department of Forestry and
Fire Protection regarding the state’s inventory
of forest land, including the Forest and Range
Assessment Project and the Forest Legacy
Assessment project; and forest carbon
measurement methodology provided in
Forest Protocols adopted by the California Air
Resources Board.

Would the project:
a. Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to nonagricultural use? □ □ □ ■ b. Conflict with existing zoning for agricultural
use, or a Williamson Act contract? □ □ □ ■
c. Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in
Public Resources Code section 12220(g)),
timberland (as defined by Public Resources
Code section 4526), or timberland zoned
Timberland Production (as defined by
Government Code section 51104(g))? □ □ □ ■
City of Montebello
Housing Element
26 Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
d. Result in the loss of forest land or
conversion of forest land to non-forest
use? □ □ □ ■
e. Involve other changes in the existing
environment which, due to their location
or nature, could result in conversion of
Farmland to non-agricultural use or
conversion of forest land to non-forest
use? □ □ □ ■
a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
b. Conflict with existing zoning for agricultural use, or a Williamson Act contract? The 2017 Housing Element Update Environmental Checklist Form determined that the 2017 Housing Element Update would have no impact on agriculture and forestry resources because there are no agricultural or forest lands in the Plan Area or adjacent to the Plan Area (City of Montebello 2017).

Montebello is in a developed, urban area, and as such are classified as urban land. The 2021 Housing Element update covers the same Plan Area (the City of Montebello), which is a developed and urban area, and none of the land inventory sites include agricultural or forest lands.

While most land within Montebello’s city limits is urbanized and therefore not used for agriculture or under Williamson Act contract, there is one area designates as “Unique Farmland” by the California Department of Conservation, or CDOC (CDOC, 2021). However, this area is not included in the land inventory for the 2021 Housing Element Update and would therefore not be affected by the proposed project. Also, this area has been designated as a “Park, Recreation, Open Space” area by the City. According to the 2016-2021 Housing Element Update, there are no forest lands or timberlands in the city.

Additionally, the Housing Element Update, in and of itself, does not propose specific projects but sets forth goals and policies that promulgate new housing development in Montebello consistent with the current RHNA cycle. Because it is a policy document and there is no land under Williamson Act contract in the city, the Housing Element Update would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), or conflict with existing zoning. For all the reasons discussed above, no impact would occur.

NO IMPACT
Environmental Checklist
Agriculture and Forestry Resources
Draft Initial Study –Negative Declaration 27
c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
d. Result in the loss of forest land or conversion of forest land to non-forest use? “Forest land” is defined in PRC Section 12220(g) pursuant to the California Forest Legacy Program Act of 2007 as land that can support 10 percent or more native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits.

There is no land in the City of Montebello designated as forest land, or timberland zoned as Timberland Production. Therefore, the Housing Element Update would not conflict with existing zoning for, or cause rezoning of, forest land, or timberland zoned Timberland Production, and no impact would occur.

NO IMPACT
e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
There is no land in the City of Montebello designated as forest land, or timberland zoned as Timberland Production. Additionally, is there is no land designated as Farmland (DOC 2018). The Housing Element Update, in and of itself, does not propose specific projects but sets forth goals and policies that promulgate new housing development in Montebello consistent with the current RHNA cycle. Because it is a policy document the Housing Element Update would not result in other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use, and no impact would occur.

NO IMPACT
City of Montebello
Housing Element
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Environmental Checklist
Air Quality
Draft Initial Study –Negative Declaration 29
3 Air Quality
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Where available, the significance criteria
established by the applicable air quality
management district or air pollution control
district may be relied upon to make the
following determinations. Would the project:
a. Conflict with or obstruct implementation
of the applicable air quality plan? □ □ □ ■
b. Result in a cumulatively considerable net
increase of any criteria pollutant for
which the project region is nonattainment under an applicable federal or state ambient air quality standard? □ □ □ ■
c. Expose sensitive receptors to substantial
pollutant concentrations? □ □ □ ■
d. Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people? □ □ □ ■
Air quality is affected by stationary sources (e.g., industrial uses and oil and gas operations) and mobile sources (e.g., motor vehicles). Air quality at a given location is a function of several factors, including the quantity and type of pollutants emitted locally and regionally, and the dispersion rates of pollutants in the region. Primary factors affecting pollutant dispersion are wind speed and direction, atmospheric stability, temperature, the presence or absence of inversions, and topography.

The project area has moderate variability in temperatures, tempered by coastal processes.

The City of Montebello is in the South Coast Air Basin (Basin). The Basin is bordered on the west by the Pacific Ocean, and on the north and east by the San Gabriel, San Bernardino, and San Jacinto mountains. Air quality in the Basin is influenced by a wide range of emission sources, such as dense population centers, heavy vehicular traffic, industry, and weather. The Basin is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD is responsible for development of the regional Air Quality Management Plan (AQMP), which is a comprehensive program for compliance with all federal and State air quality planning requirements including CAAQS and NAAQS (described below). The most recently adopted AQMP is the 2016 AQMP (SCAQMD 2017).

The federal and State Clean Air Acts (CAA) mandate the control and reduction of certain air pollutants. Under these laws, the U.S. Environmental Protection Agency (USEPA) and the California Air Resources Board (CARB) have established the National Ambient Air Quality Standards (NAAQS) and the California Ambient Air Quality Standards (CAAQS) for “criteria pollutants” and other pollutants. Some pollutants are emitted directly from a source (e.g., vehicle tailpipe, an exhaust stack of a factory, etc.) into the atmosphere, including carbon monoxide, volatile organic City of Montebello
Housing Element
30 compounds (VOC)/reactive organic gases (ROG), nitrogen oxides (NOX), particulate matter with diameters of ten microns or less (PM10) and 2.5 microns or less (PM2.5), sulfur dioxide, and lead.

Other pollutants are created indirectly through chemical reactions in the atmosphere, such as ozone, which is created by atmospheric chemical and photochemical reactions primarily between VOC and NOX. Secondary pollutants include oxidants, ozone, and sulfate and nitrate particulates (smog).

Depending on whether the standards are met or exceeded, the Basin is classified as being in “attainment” or “nonattainment.” Under State law, air districts are required to prepare a plan for air quality improvement for pollutants for which the district is in non-compliance. The SCAQMD is in non-attainment for the federal standards for ozone and PM2.5 and the State standards for ozone, PM10, and PM2.5 (SCAQMD 2016). The Basin is designated unclassifiable or in attainment for all other federal and State standards. The CEQA Guidelines (Section 15064.7) provide that, when available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make determinations of significance. These thresholds are designed such that a project that would not exceed the adopted thresholds would not have an individually or cumulatively significant impact on the Basin’s air quality. This analysis conforms to the methodologies recommended in the SCAQMD’s CEQA Air Quality Handbook (1993) and supplemental guidance provided by the SCAQMD, including recommended thresholds for emissions associated with both construction and operation of the project (SCAQMD 2017).

Table 3 presents the significance thresholds for construction and operational-related criteria air pollutant and precursor emissions for individual projects. These represent the levels at which a project’s individual emissions of criteria air pollutants or precursors would result in a cumulatively considerable contribution to the Basin‘s existing air quality conditions.

Table 3 SCAQMD Thresholds of Significance
Construction Thresholds Operational Thresholds
75 pounds per day of ROG
100 pounds per day of NOX
550 pounds per day of CO
150 pounds per day of SOX
150 pounds per day of PM10
55 pounds per day of PM2.5
55 pounds per day of ROG
55 pounds per day of NOX
550 pounds per day of CO
150 pounds per day of SOX
150 pounds per day of PM10
55 pounds per day of PM2.5
Notes: ROG = reactive organic gases; NOX = nitrogen oxides; CO = carbon monoxide; SOx = sulfur oxides Source: SCAQMD 2015
Environmental Checklist
Air Quality
Draft Initial Study –Negative Declaration 31
a. Would the project conflict with or obstruct implementation of the applicable air quality plan? b. Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
c. Would the project expose sensitive receptors to substantial pollutant concentrations? A project may be inconsistent with the AQMP if it would generate population, housing, or employment growth exceeding forecasts used in the development of the AQMP. The 2016 AQMP, the most recent AQMP adopted by the SCAQMD, incorporates local general plans and the Southern California Association of Governments (SCAG) 2016-2040 Regional Transportation Plan (RTP)/Sustainable Communities Strategy (SCS) socioeconomic forecast projections of regional population, housing, and employment growth. The Housing Element Update would bring the forecasts for the City’s General Plan and the AQMP into consistency because the new population forecast based on the Housing Element Update will be incorporated into SCAQMD’s 2022 AQMP.

The Housing Element Update, in and of itself, does not propose specific projects but sets forth goals and policies that promulgate new housing development in Montebello consistent with the current RHNA cycle.

However, future housing construction activities such as the operation of construction vehicles and equipment over unpaved areas, grading, trenching, and disturbance of stockpiled soils have the potential to generate fugitive dust (PM10) through the exposure of soil to wind erosion and dust entrainment. In addition, exhaust emissions associated with heavy construction equipment would potentially degrade air quality. However, new development accommodated under the Housing Element Update would be subject to compliance with applicable SCAQMD rules, including Rule 401 (Visible Emissions), Rule 402 (Nuisance), Rule 403 (Fugitive Dust), and Rule 1113 (Architectural Coatings) to reduce emissions, dust, and volatile organic compounds during project construction.

Long-term emissions associated with operational impacts of future housing would include emissions from vehicle trips, natural gas and electricity use, landscape maintenance equipment, and consumer products and architectural coating associated with development within the city. Operational impacts would be reviewed through the development review and, if applicable, CEQA processes at the time of project submittal. The Housing Element Update would adhere to guidelines that protect sensitive receivers from air pollution. Operational impacts would be addressed by General Plan policies and other regulations and standards that govern air quality in Montebello.

Therefore, adoption of the Housing Element Update would not conflict with emissions forecasts in the AQMP, obstruct implementation of the AQMP, result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard, or expose sensitive receptors to substantial pollutant concentrations, and no impact would occur.

NO IMPACT
d. Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
The occurrence and severity of potential odor impacts depends on several factors, including the nature, frequency, and intensity of the source; wind speeds and direction; and the sensitivity of the receiving location, each contribute to the intensity of the impact. Although offensive odors seldom City of Montebello
Housing Element
32 cause physical harm, they can be annoying and cause distress among the public and generate citizen complaints.

SCAQMD’s CEQA Air Quality Handbook (1993) identifies land uses associated with odor complaints as agricultural uses, wastewater treatment plants, chemical and food processing plants, composting, refineries, landfills, dairies, and fiberglass molding. Residential uses are not identified as a major source or odors by SCAQMD. The Housing Element Update, in and of itself, does not propose specific projects but sets forth goals and policies that promulgate new housing development in Montebello consistent with the current RHNA cycle. Future projects accommodated under the Housing Element Update would be required to comply with local and State regulations, such as SCAQMD Rule 402, which regulates nuisance odors during project construction. Therefore, the Housing Element Update would not result in other emissions (such as those leading to odors), and no impact would occur.

NO IMPACT
Environmental Checklist
Biological Resources
Draft Initial Study –Negative Declaration 33
4 Biological Resources
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Have a substantial adverse effect, either
directly or through habitat modifications,
on any species identified as a candidate,
sensitive, or special status species in local
or regional plans, policies, or regulations, or
by the California Department of Fish and
Game or U.S. Fish and Wildlife Service? □ □ □ ■
b. 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 Game or
US Fish and Wildlife Service? □ □ □ ■
c. 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? □ □ □ ■
d. Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites? □ □ □ ■
e. Conflict with any local policies or
ordinances protecting biological resources,
such as a tree preservation policy or
ordinance? □ □ □ ■
f. Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan? □ □ □ ■
City of Montebello
Housing Element
34 Endangered Species
“Endangered” species are those considered in imminent danger of extinction due to their limited numbers. “Threatened” species refers to those likely to become endangered within the foreseeable future, primarily on a local scale. “Sensitive” species are those that are naturally rare or have been locally depleted or put at risk by human activities. Although the perpetuation of these species is not apparently significantly threatened, they are considered vulnerable and may be candidates for future listing. The City of Montebello’s Conservation Element does not identify sensitive species within the city. However, the SCAG DATA/Map Book from 2019 identifies a Known Sighting of Endangered Animal (specific) which the Critical Habitat for Threatened & Endangered Species [USFWS] has identified as the Coastal California Gnatcatcher. This small non-migratory bird is presumed extant within the northeastern portion of Montebello, also categorized on the Zoning Map as the Montebello Hills Specific Plan and Oil and Gas Production District.

Significant Ecological Areas (SEA) Program
Significant Ecological Areas (SEA) are officially designated areas within Los Angeles County with irreplaceable biological resources. The SEA Program objective is to conserve genetic and physical diversity within Los Angeles County by designating biological resource areas that are capable of sustaining themselves into the future. SEAs are defined as ecologically important land and water systems that are valuable as plant or animal communities, often important to the preservation of threatened or endangered species, and conservation of biological diversity in the County. The SEA overlay, along with the SEA conditional use permit process, are referred to as the SEA Program, which allows the County to implement its biotic resource goals through land use regulations and biological resource assessments. The SEA and Coastal Resources Map has designated one SEA within the City of Montebello: the Puente Hills SEA.
a. Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
b. Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? c. Would the project 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?
d. Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? The Housing Element Update, in and of itself, does not propose specific projects but puts forth goals and policies that regulate various aspects of new housing development in Montebello. The 2021- 2029 Housing Element Update proposes rezoned sites; however, the rezonings would increase housing density in already urbanized areas, and any site-specific and project-specific impacts of future projects on those sites would depend on what exactly is proposed for those sites once a developer submits an application for development on the site. Any construction related and Environmental Checklist
Biological Resources
Draft Initial Study –Negative Declaration 35
localized impacts would be reviewed through the development review and, if applicable, CEQA processes at the time of project submittal. The 2021-2029 Housing Element Update would facilitate housing, including affordable housing, in areas where housing could already occur in accordance with existing land use regulations. Therefore, the proposed project would not have any direct effects on endangered species. All applicable City policies and review processes related to biological resources would continue to apply to future development carried out after adoption of the project.

Therefore, implementation of the project would have no impact on biological resources.

NO IMPACT
City of Montebello
Housing Element
36 This page intentionally left blank.

Environmental Checklist
Cultural Resources
Draft Initial Study –Negative Declaration 37
5 Cultural Resources
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Cause a substantial adverse change in the
significance of a historical resource
pursuant to § 15064.5? □ □ □ ■
b. Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to § 15064.5? □ □ □ ■
c. Disturb any human remains, including
those interred outside of formal
cemeteries □ □ □ ■
CEQA requires that a lead agency determine whether a project could have a significant effect on historical resources (PRC, Section 21084.1), unique archaeological resources (PRC Section 21083.2 [g]), and tribal cultural resources (PRC Section 21074 [a][1][A]-[B]). A historical resource is a resource listed in or determined to be eligible for listing in the California Register of Historical Resources (CRHR) (Section 21084.1), a resource included in a local register of historical resources (Section 15064.5[a][2]), or any object, building, structure, site, area, place, record, or manuscript that a lead agency determines to be historically significant (Section 15064.5[a][3]).

Impacts to significant cultural resources that affect the characteristics of any resource that qualify it for the NRHP or adversely alter the significance of a resource listed in or eligible for listing in the CRHR are considered a significant effect on the environment. These impacts could result from physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of an historical resource would be substantially impaired (CEQA Guidelines Section 15064.5 [b][1]). Material impairment is defined as demolition or alteration in an adverse manner [of] those characteristics of an historical resource that convey its historical significance and that justify its inclusion or eligibility for inclusion in the CRHR (CEQA Guidelines Section 15064.5[b][2][A]).
a. Would the project cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?
b. Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
The City’s Conservation Element, which was adopted in 1975, briefly outlines the history of the City of Montebello. Montebello’s historical background dates back to when Franciscan friars founded the series of missions that run from San Diego to San Francisco and the trail known as “El Camino Real.” Montebello maintains a portion of that trail now known as Whittier Boulevard (Conservation City of Montebello
Housing Element
38 Element 1975). Another historical monument can be found in the northeastern portion of the city, a house called Juan Matias Sanchez Adobe. The Juan Matias Sanchez Adobe is now a museum and community center that represents an important part of California’s Mexican American history as well as the state’s eventual independence and union to the United States. Taylor Ranch is also mentioned in the Conservation Element as one of the earliest ranches which still stands today (Conservation Element 1975). None of these historical monuments is on a property included in the Housing Element land inventory.

The Housing Element Update, in and of itself, does not propose specific projects but puts forth goals and policies that regulate various aspects of new housing development in Montebello. While the Housing Element Update proposes rezoning sites, the rezonings would increase housing density in already urbanized areas, and any site-specific and project-specific impacts of future projects on those sites would depend on what exactly is proposed for those sites once a developer submits an application for development on the site. Any potential impacts to cultural resources would be assessed through the development review and, if applicable, CEQA processes at the time of project submittal. the Housing Element Update would therefore not create a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5 or cause a substantial adverse change in the significance of an archaeological resource. Future development would be required to comply with federal, State, and local regulations and the policies in the City’s General Plan such as Chapter 17 (Section 17.38 Planned Development Districts) of the Montebello Municipal Code which states that the application for development should include information regarding the location of existing significant historical, cultural and archeological features in the area, including the methods proposed to preserve and incorporate such elements into the proposed plan. Therefore, adoption of the Housing Element Update would not result in substantial adverse changes to historical or archeological resources and no impact would occur.

No Impact
c. Would the project disturb any human remains, including those interred outside of formal cemeteries?
The disposition of human remains is governed by Health and Safety Code Section 7050.5 and PRC Sections 5097.94 and 5097.98 and falls within the jurisdiction of the NAHC. If human remains are discovered, the County Coroner must be notified within 48 hours and there should be no further disturbance to the site where the remains were found. If the remains are determined by the coroner to be Native American, the coroner is responsible for contacting the NAHC within 24 hours.

The NAHC, pursuant to PRC Section 5097.98, will immediately notify those persons it believes to be most likely descended from the deceased Native Americans so they can inspect the burial site and make recommendations for treatment of the remains and associated grave goods. Tribal cultural resources are discussed in Section 18, Tribal Cultural Resources of this Initial Study.

Any future development would be subject to development review and required to adhere to the City’s Municipal Code designed to reduce impacts to historic and cultural resources as previously mentioned. The Housing Element Update, in and of itself, does not propose specific projects but sets forth goals and policies that promulgate new housing development in Montebello consistent with the current RHNA cycle. It would therefore not directly lead to disturbance of human remains, including those interred outside of formal cemeteries. Individual projects are not proposed as part of the Housing Element Update. New development accommodated by the Housing Element Update would be subject to federal, State, and local regulations and policies in the City’s General Plan.

Projects would be required to comply with CEQA Guidelines Section 15000 et seq. which set procedures for notifying the County Coroner and NAHC for identification and treatment of human Environmental Checklist
Cultural Resources
Draft Initial Study –Negative Declaration 39
remains if they are discovered during construction. Therefore, adoption of the Housing Element Update would not lead to disturbance of any human remains and no impact would occur.

NO IMPACT
City of Montebello
Housing Element
40 This page intentionally left blank.

Environmental Checklist
Energy
Draft Initial Study –Negative Declaration 41
6 Energy
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption
of energy resources, during project
construction or operation? □ □ □ ■
b. Conflict with or obstruct a state or local
plan for renewable energy or energy
efficiency? □ □ □ ■
California is one of the lowest per capita energy users in the United States, ranked 48th in among states, due to its energy efficiency programs and mild climate. In 2019, California consumed 662 million barrels of petroleum, 2,144 billion cubic feet of natural gas, and one million short tons of coal in 2018 (United States Energy Information Administration [EIA] 2021a). The single largest enduse sector for energy consumption in California is transportation (39.4 percent), followed by industrial (23.1 percent), commercial (18.8 percent), and residential (18.7 percent) (EIA 2021b).

Most of California’s electricity is generated in state with approximately 28 percent imported from the Northwest and Southwest in 2019; however, the State relies on out-of-state natural gas imports for nearly 90 percent of its supply (California Energy Commission [CEC] 2021a and 2021b). In addition, approximately 32 percent of California’s electricity supply comes from renewable energy sources, such as wind, solar photovoltaic, geothermal, and biomass (CEC 2021a). In 2018, Senate Bill 100 accelerated the State’s Renewable Portfolio Standards Program, codified in the Public Utilities Act, by requiring electricity providers to increase procurement from eligible renewable energy and zero-carbon resources to 33 percent of total retail sales by 2020, 60 percent by 2030, and 100 percent by 2045.

To reduce statewide vehicle emissions, California requires all motorists to use California Reformulated Gasoline, which is sourced almost exclusively from in-state refineries. Gasoline is the most used transportation fuel in California with 14.0 billion gallons sold in 2020 and is used by light duty cars, pickup trucks, sport utility vehicles, and aviation (California Department of Tax and Fee Administration 2021). Diesel is the second most used fuel in California with 4.2 billion gallons sold in 2015 and is used primarily by heavy duty-trucks, delivery vehicles, buses, trains, ships, boats and barges, farm equipment, and heavy-duty construction and military vehicles (CEC 2016).

Energy consumption is directly related to environmental quality in that the consumption of nonrenewable energy resources releases criteria air pollutant and greenhouse gas (GHG) emissions into the atmosphere. The environmental impacts of air pollutant and GHG emissions associated with the project’s energy consumption are discussed in detail in Section 3, Air Quality, and Section 8, Greenhouse Gas Emissions, respectively.

City of Montebello
Housing Element
42 Electricity services in the city are provided by Southern California Edison, and natural gas services are provided by Southern California Gas (SoCalGas).

Projects that are proposed under the Housing Element Update would be required to undergo project-specific evaluation to quantify specific impacts to energy consumption, which would occur during the permitting process for that project. As the criteria needed to assess these impacts is only available to the City upon submittal of a specific project proposal, any quantitative analysis would be speculative at this time. All projects would be required to conform to local, State, and federal regulations governing energy consumption reduction.

The California Green Building Standards Code sets targets for energy efficiency; water consumption; dual plumbing systems for potable and recyclable water; diversion of construction waste from landfills; and use of environmentally sensitive materials in construction and design, including ecofriendly flooring, carpeting, paint, coatings, thermal insulation, and acoustical wall and ceiling panels. Furthermore, the California Energy Code provides energy conservation standards for all new and renovated commercial and residential buildings constructed in California. All new developments in California must adhere to the requirements of the California Green Building Standards Code and the California Energy Code.
a. Would the project consume energy resources in a wasteful, inefficient, or unnecessary amount during project construction and/or operation?
Construction Energy Demand
As demonstrated in Table 1, the land inventory for the proposed project exceeds the City’s RHNA allocation across all income categories.

To help meet the City’s RHNA allocation, the 2021-2029 Housing Element Update proposes rezoned sites; however, these rezonings would increase housing density in areas that are already urbanized.

The proposed project would not directly result in development of a specific site or fundamentally change an area within the city. It would therefore not substantially affect the physical environment.

As discussed in Section 10, Land Use and Planning and Section 14, Population and Housing, the project is also fully consistent with the City’s General Plan. The 2021-2029 Housing Element Update does not propose specific projects but puts forth goals and policies that regulate various aspects of new housing development in Montebello. It would therefore not, in and of itself, result in impacts related to construction energy demand.

While the proposed project would not directly result in any future development, energy use would occur during construction of any future development in the city. Such energy use would include fuel consumption (e.g., gasoline and diesel fuel) to operate heavy equipment, light-duty vehicles, machinery, and generators for lighting. In addition, temporary grid power may also be provided to construction trailers or electric construction equipment. Energy use during construction of individual projects would be temporary in nature, and equipment used would be typical of construction projects in the region. In addition, construction contractors would be required to demonstrate compliance with applicable California Air Resources Board (CARB) regulations that restrict the idling of heavy-duty diesel motor vehicles and govern the accelerated retrofitting, repowering, or replacement of heavy-duty diesel on- and off-road equipment. Construction activities associated with future development would be required to utilize fuel-efficient equipment consistent with State and federal regulations and would comply with State measures to reduce the inefficient, wasteful, or unnecessary consumption of energy.

Environmental Checklist
Energy
Draft Initial Study –Negative Declaration 43
These practices would result in efficient use of energy during construction of future development.

Furthermore, in the interest of both environmental awareness and cost efficiency, construction contractors would not utilize fuel in a manner that is wasteful or unnecessary. Therefore, future construction activities associated with any future development would not result in potentially significant environmental effects due to the wasteful, inefficient, or unnecessary consumption of energy.

Construction energy use would not result from of the 2021-2029 Housing Element Update, which would not directly result in any future development. The Housing Element Update would therefore have no impact related to related to construction energy demand.

Operation
The proposed project would not directly result in development of a specific site or fundamentally change an area within the city. The project would involve rezoning certain land inventory sites, but these sites are on already urban land. It would therefore not substantially affect the physical environment. As discussed in Section 10, Land Use and Planning and Section 14, Population and Housing, the project is also fully consistent with the City’s General Plan. The 2021-2029 Housing Element Update does not propose specific projects but puts forth goals and policies that regulate various aspects of new housing development in Montebello. It would therefore not, in and of itself, result in impacts related to energy demand from future development projects.

While the proposed project would not directly result in any future development in the city, energy use would occur during operation of any such future development, which would require permanent grid connections for electricity and natural gas service to power internal and exterior building lighting, and heating and cooling systems. As previously discussed, the Housing Element Update would prioritize new development in urban portions of the city that are already served by energy providers. Electricity service in the city is provided by Southern California Edison. Southern California Gas (SoCal Gas) provides natural gas services to residents and businesses in the city.

Future development would be subject to all standards set forth in California Building Code (CBC) Title 24, which would minimize the wasteful, inefficient, or unnecessary consumption of energy resources during operation. California’s CAL Green standards (California Code of Regulations, Title 24, Part 11) require incorporation of energy efficient light fixtures and building materials into the design of new construction projects. Furthermore, the 2019 Building Energy Efficiency Standards (CBC Title 24, Part 6) requires newly constructed buildings to meet energy performance standards set by the CEC. These standards are specifically crafted for new buildings to result in energy efficient performance so the buildings do not result in wasteful, inefficient, or unnecessary consumption of energy. The standards are updated every three years and each iteration is more energy efficient than the previous standards. For example, according to the CEC, nonresidential buildings will use about 30 percent less energy due mainly to lighting upgrades (CEC 2021a). Furthermore, future development would further reduce its use of nonrenewable energy resources because the electricity generated by renewable resources provided by SCE continues to increase to comply with State requirements through Senate Bill 100, which requires electricity providers to increase procurement from eligible renewable energy resources to 33 percent of total retail sales by 2020, 60 percent by 2030, and 100 percent by 2045.

These practices would result in efficient use of energy during operation of future development.

Additionally, operational energy use would not be a result of the 2021-2029 Housing Element Update, which would not directly result in any future development and would therefore have no impact related to related to operational energy demand.

City of Montebello
Housing Element
44 NO IMPACT
b. Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
As demonstrated in Table 1, the land inventory for the proposed project exceeds the City’s RHNA allocation across all income categories. While some of these sites would require rezoning on already urbanized land,
The proposed project would not directly result in development of a specific site or fundamentally change an area within the city. The project would involve rezoning certain land inventory sites, but these sites are on already urban land. It would therefore not substantially affect the physical environment. As discussed in Section 10, Land Use and Planning and Section 14, Population and Housing, the project is also fully consistent with the City’s General Plan. The 2021-2029 Housing Element Update does not propose specific projects but puts forth goals and policies that regulate various aspects of new housing development in Montebello.

In accordance with Chapter 15 of the Montebello Municipal Code (MMC), any buildings proposed as a part of future development in the City would be constructed in accordance with the 2019 CCR Title 24, CALGreen standards, 2019 Building Energy Efficiency Standards and mandatory measures for new developments, and any future updates to such standards that support overall State and local goals for energy efficiency. Therefore, the project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency, and there would be no impact.

NO IMPACT
Environmental Checklist
Geology and Soils
Draft Initial Study –Negative Declaration 45
7 Geology and Soils
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Directly or indirectly cause potential
substantial adverse effects, including the risk
of loss, injury, or death involving:

1. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on
other substantial evidence of a known fault? □ □ □ ■

2. Strong seismic ground shaking? □ □ □ ■

3. Seismic-related ground failure, including
liquefaction? □ □ □ ■

4. Landslides? □ □ □ ■
b. Result in substantial soil erosion or the
loss of topsoil? □ □ □ ■
c. Be located on a geologic unit or soil that
is unstable, or that would become
unstable as a result of the project, and
potentially result in on- or off-site
landslide, lateral spreading, subsidence,
liquefaction, or collapse? □ □ □ ■
d. Be located on expansive soil, as defined
in Table 18-1-B of the Uniform Building
Code (1994), creating substantial direct
or indirect risks to life or property? □ □ □ ■
e. Have soils incapable of adequately
supporting the use of septic tanks or
alternative wastewater disposal systems
where sewers are not available for the
disposal of wastewater? □ □ □ ■
f. Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature? □ □ □ ■
City of Montebello
Housing Element
46 California is divided geologically into several physiographic or geomorphic provinces, including the Sierra Nevada range, the Central (Great) Valley, the Transverse Ranges, the Coast Ranges, and others. The Transverse Range includes Ventura County and portions of Los Angeles, San Bernardino, and Riverside counties. Locally, the Transverse Ranges are characterized by east-west trending mountains and faults. Major basins and ranges in the Transverse Ranges include the Ventura basin and the San Gabriel and San Bernardino Mountains. No Alquist-Priolo Earthquake fault zone, or groundwater barrier is known to directly underlie the City of Montebello, however the East Montebello fault is located approximately ¼ mile to the northeast of the City. The entire City of Montebello is also mapped on the Puente Hills Blind Thrust Fault Zone (PHT) (Montebello Safety Element, 2016).
a.1. Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? a.2. Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking a.3. Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including liquefaction? a.4. Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving landslides?
Like all of Southern California, Montebello is subject to strong ground shaking associated with active and/or potentially active faults in the region; however, the proposed Housing Element Update would not directly result in development of a specific site or fundamentally change an area within the City. The project does include sites for rezoning to meet the City’s RHNA allocation; however, these sites are on already urban land, and the 2016-2021 Housing Element would facilitate housing, including affordable housing, in areas where housing could already occur in accordance with existing land use regulations.

According to the 2016 Safety Element, liquefaction is generally not a significant impact for the city; but the portion of the city that is most likely to be susceptible to liquefaction is found within the eastern city limits surrounding the Rio Hondo Channel. The 2016 Safety Element also addresses landslides, stating that parts of Montebello are susceptible to earthquake-induced landslides, and the land most susceptible to landslides is found within a small area at the north-eastern portion of the city.

The 2016 Safety Element contains the following applicable goal, objective, and policies designed to reduce impacts from geologic and seismic events:

GOAL 1: Identify and appraise the geologic and seismic hazards within the community.

POLICY 1.1: To promote consideration of seismic standards and criteria for existing structural hazards.

POLICY 1.2: To develop land use standards and development regulations related to the level of seismic hazards.

POLICY 1.3: To establish a seismic hazards review procedure.

Environmental Checklist
Geology and Soils
Draft Initial Study –Negative Declaration 47
POLICY 1.4: Maintain, revise, and enforce appropriate standards and codes to minimize seismic and geologic risks
As discussed in Section 10, Land Use and Planning and Section 14, Population and Housing, the project is fully consistent with the City’s General Plan. All applicable City policies and review processes related to geology and soils would continue to apply to future development carried out after adoption of the project. New development would also be subject to the California Building Code (CBC) standards to protect people and structures from loss, injury or death due to rupture, ground shaking, ground failure and landslides. With continued compliance with the City’s General Plan policy and actions, and the CBC, implementation of the project would not expose people or structures to substantial adverse effects related to fault rupture, ground shaking, or seismic-related ground failure, including liquefaction or landslides.

NO IMPACT
b. Result in substantial soil erosion or the loss of topsoil? c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?d.Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property?
e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? As demonstrated in Table 1, the land inventory for the proposed project exceeds the City’s RHNA allocation across all income categories. Some of these sites would require rezoning on already urbanized land, but these rezonings would increase housing density in already urbanized areas. Any site-specific and project-specific impacts of future projects would depend on what exactly is proposed for those sites once a developer submits an application for development. Any construction related and localized impacts would be reviewed through the development review and, if applicable, CEQA processes at the time of project submittal. All applicable City policies and review processes related to geology and soils would continue to apply to future development carried out after adoption of the project. New development would also be subject to the California Building Code (CBC) standards to protect people and structures from soils hazards including erosion, unstable soils, and expansive soils. Additionally, all potential future projects on land inventory sites would be served by sewer systems (see also Section 19, Utilities and Service Systems) and would not require septic systems or alternative wastewater systems. With continued compliance with the City’s policies and procedures, and the CBC, implementation of the project would not expose people, structures, or the environment to substantial adverse effects related to these soils-hazards.

Additionally, the 2021 Housing Element Update, in and of itself, does not propose specific projects but puts forth goals and policies that regulate various aspects of new housing development in Montebello. Because it is a policy document, the proposed project would not, in and of itself, result in such impacts.

NO IMPACT
City of Montebello
Housing Element
48 f. Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
The Housing Element Update, in and of itself, does not propose specific projects but puts forth goals and policies that regulate various aspects of new housing development in Montebello. While the Housing Element Update proposes rezoning sites, the rezonings would increase housing density in already urbanized areas, and any site-specific and project-specific impacts of future projects on those sites would depend on what exactly is proposed for those sites once a developer submits an application for development on the site. Any potential impacts to paleontological resources would be assessed through the development review and, if applicable, CEQA processes at the time of project submittal. The Housing Element Update would therefore not create a substantial adverse change in the significance of a paleontological resources or cause a substantial adverse change in the significance of any paleontological resource. Future development under the Housing Element Update would be required to comply with any federal, State, and local regulations regarding such resources. Therefore, adoption of the Housing Element Update would not result in substantial adverse changes to paleontological resources, and no impact would occur.

NO IMPACT
Environmental Checklist
Greenhouse Gas Emissions
Draft Initial Study –Negative Declaration 49
8 Greenhouse Gas Emissions
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Generate greenhouse gas emissions,
either directly or indirectly, that may
have a significant impact on the
environment? □ □ □ ■
b. Conflict with an applicable plan, policy, or
regulation adopted for the purpose of
reducing the emissions of greenhouse
gases? □ □ □ ■
Overview of Climate Change and Greenhouse Gases
Climate change is the observed increase in the average temperature of the Earth’s atmosphere and oceans along with other substantial changes in climate (such as wind patterns, precipitation, and storms) over an extended period of time. Climate change is the result of numerous, cumulative sources of GHG emissions contributing to the “greenhouse effect,” a natural occurrence which takes place in Earth’s atmosphere to help regulate the temperature of the planet. The majority of radiation from the sun hits Earth’s surface and warms it. The surface, in turn, radiates heat back towards the atmosphere in the form of infrared radiation. Gases and clouds in the atmosphere trap and prevent some of this heat from escaping into space and re-radiate it in all directions.

GHGs occur both naturally and as a result of human activities, such as fossil fuel burning, decomposition of landfill wastes, raising livestock, deforestation, and some agricultural practices.

GHGs produced by human activities include carbon dioxide (CO2), methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. Anthropogenic activities since the beginning of the industrial revolution (approximately 250 years ago) are adding to the natural greenhouse effect by increasing the concentration of GHGs in the atmosphere that trap heat. Since 1750, estimated concentrations of CO2, methane, and nitrous oxide in the atmosphere have increased over by 36 percent, 148 percent, and 18 percent, respectively, primarily due to human activity (Forster et al. 2007). Emissions resulting from human activities are thereby contributing to an average increase in Earth’s temperature. Potential climate change impacts in California may include loss of snowpack, sea level rise, more extreme heat days per year, more high ozone days, more large forest fires, and more drought years (State of California 2018).

Regulatory Framework
California Regulations
The State of California considers GHG emissions and the impacts of climate change to be a serious threat to the public health, environment, economic well-being, and natural resources of California, and has taken an aggressive stance to mitigate its impact on climate change through the adoption of City of Montebello
Housing Element
50 policies and legislation. CARB is responsible for the coordination and oversight of state and local air pollution control programs in the state. California has numerous regulations aimed at reducing the state’s GHG emissions; some of the major initiatives are summarized below.

CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 (ASSEMBLY BILL 32 AND SENATE BILL 32) The “California Global Warming Solutions Act of 2006,” (AB 32), outlines California’s major legislative initiative for reducing GHG emissions. AB 32 codifies the statewide goal of reducing GHG emissions to 1990 levels by 2020 and requires CARB to prepare a Scoping Plan that outlines the main state strategies for reducing GHG emissions to meet the 2020 deadline. In addition, AB 32 requires CARB to adopt regulations to require reporting and verification of statewide GHG emissions. Based on this guidance, CARB approved a 1990 statewide GHG level and 2020 target of 431 MMT of CO2e, which was achieved in 2016. CARB approved the Scoping Plan on December 11, 2008, which included GHG emission reduction strategies related to energy efficiency, water use, and recycling and solid waste, among others. Many of the GHG reduction measures included in the Scoping Plan (e.g., Low Carbon Fuel Standard, Advanced Clean Car standards, and Cap-and-Trade) have been adopted since the Scoping Plan’s approval.

The CARB approved the 2013 Scoping Plan update in May 2014. The update defined the CARB’s climate change priorities for the next five years, set the groundwork to reach post-2020 statewide goals, and highlighted California’s progress toward meeting the “near-term” 2020 GHG emission reduction goals defined in the original Scoping Plan. It also evaluated how to align the state’s longer term GHG reduction strategies with other state policy priorities, including those for water, waste, natural resources, clean energy, transportation, and land use.

On September 8, 2016, the governor signed Senate Bill (SB) 32 into law, extending the California Global Warming Solutions Act of 2006 by requiring the state to further reduce GHG emissions to 40 percent below 1990 levels by 2030 (the other provisions of AB 32 remain unchanged). On December 14, 2017, the CARB adopted the 2017 Scoping Plan, which provides a framework for achieving the 2030 target. The 2017 Scoping Plan relies on the continuation and expansion of existing policies and regulations, such as the Cap-and-Trade Program, and implementation of recently adopted policies and legislation, such as SB 1383 (discussed later). The 2017 Scoping Plan also puts an increased emphasis on innovation, adoption of existing technology, and strategic investment to support its strategies. As with the 2013 Scoping Plan update, the 2017 Scoping Plan does not provide project-level thresholds for land use development. Instead, it recommends that local governments adopt policies and locally appropriate quantitative thresholds consistent with statewide per capita goals of six metric tons (MT) of CO2e by 2030 and two MT of CO2e by 2050 (CARB 2017). As stated in the 2017 Scoping Plan, these goals may be appropriate for plan-level analyses (city, county, sub-regional, or regional level), but not for specific individual projects because they include all emissions sectors in the state (CARB 2017).

SENATE BILL 375
SB 375, signed in August 2008, enhances the State’s ability to reach AB 32 goals by directing CARB to develop regional GHG emission reduction targets to be achieved from passenger vehicles for 2020 and 2035. In addition, SB 375 directs each of the state’s 18 major Metropolitan Planning Organizations (MPO) to prepare a “sustainable communities strategy” (SCS) that contains a growth strategy to meet these emission targets for inclusion in the Regional Transportation Plan (RTP). On March 22, 2018, CARB adopted updated regional targets for reducing GHG emissions from 2005 levels by 2020 and 2035. SCAG was assigned targets of an 8 percent reduction in GHGs from transportation Environmental Checklist
Greenhouse Gas Emissions
Draft Initial Study –Negative Declaration 51
sources by 2020 and a 19 percent reduction in GHGs from transportation sources by 2035. In the SCAG region, SB 375 also provides the option for the coordinated development of subregional plans by the subregional councils of governments and the county transportation commissions to meet SB 375 requirements.

SENATE BILL 100
Adopted on September 10, 2018, SB 100 supports the reduction of GHG emissions from the electricity sector by accelerating the state’s Renewables Portfolio Standard Program. SB 100 requires electricity providers to increase procurement from eligible renewable energy resources to 33 percent of total retail sales by 2020, 60 percent by 2030, and 100 percent by 2045.

Regional Regulations

SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG)
SCAG is the regional planning agency for Los Angeles, Orange, Ventura, Riverside, San Bernardino, and Imperial Counties, and addresses regional issues relating to transportation, the economy, community development and the environment. SCAG coordinates with various air quality and transportation stakeholders in Southern California to ensure compliance with the federal and State air quality requirements, including the Transportation Conformity Rule and other applicable federal, State, and air district laws and regulations. As the federally designated MPO for the six-county Southern California region, SCAG is required by law to ensure that transportation activities conform to, and are supportive of, the goals of regional and State air quality plans to attain NAAQS. In addition, SCAG is a co-producer with the SCAQMD of the transportation strategy and transportation control measure sections of the AQMP for the Basin.

On September 3, 2020, SCAG’s Regional Council formally adopted the 2020-2045 RTP/SCS (titled Connect SoCal). The 2020-2045 RTP/SCS builds upon the progress made through implementation of the 2016-2040 RTP/SCS and includes ten goals focused on promoting economic prosperity, improving mobility, protecting the environment, and supporting healthy/complete communities.

The SCS implementation strategies include focusing growth near destinations and mobility options, promoting diverse housing choices, leveraging technology innovations, and supporting implementation of sustainability policies. The SCS establishes a land use vision of center focused placemaking, concentrating growth in and near Priority Growth Areas, transferring of development rights, urban greening, creating greenbelts and community separators, and implementing regional advance mitigation (SCAG 2020).
a. Would the project generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment?
b. Would the project conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
As demonstrated in Table 1, the land inventory for the proposed project exceeds the City’s RHNA allocation across all income categories. Some of these sites would require rezoning on already urbanized land. While these rezonings would increase the total number of potential housing units on some sites, this would not lead to a significant impact on the environment related to GHG emissions, or conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases, for the following reasons.

City of Montebello
Housing Element
52 As discussed under “Regulatory Setting,” a number of plans and policies have been adopted that would reduce potential GHG impacts. SCAG’s 2020-2045 RTP/SCS provides land use and transportation strategies to reduce regional GHG emissions. Specific land use objectives identified in SCAG’s 2020-2045 RTP/SCS include focusing growth near destinations and mobility options, promoting diverse housing choices, leveraging technology innovations, and supporting implementation of sustainability policies. The SCS establishes a land use vision of center focused placemaking, concentrating growth in and near Priority Growth Areas, transferring of development rights, urban greening, creating greenbelts and community separators, and implementing regional advance mitigation (SCAG 2020).

The project would be consistent with these RTP/SCS policies because the sites proposed for rezoning would occur on already urban lands, and any future development on these sites would be infill development. The project would facilitate housing, including affordable housing, in areas where housing of similar density could already occur in accordance with existing land use regulations. This potential increase in the proportion of affordable units would help the City accommodate future affordable housing demand, consistent with SCAG’s RTP/SCS land use objective of reflecting the demands of a changing population, while helping to reduce per-capita GHG emissions through infill development.

Future development would require project-specific environmental evaluation to determine compliance with City regulations and determine the level of significance of any potential environmental impacts of those projects. Any potential impacts related to greenhouse gas emissions identified with future projects would be addressed through the project approval process, including environmental review and mitigation measures specific to any potential impacts for that project, including cumulative impacts.

The 2021 Housing Element Update, in and of itself, does not propose specific projects but puts forth goals and policies that regulate various aspects of new housing development in Montebello.

Because it is a policy document, the proposed project would not, in and of itself, result in impacts to GHG emissions or climate change.

For all the reasons discussed above, the proposed project would not generate GHG 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, and there would be no impact.

NO IMPACT
Environmental Checklist
Hazards and Hazardous Materials
Draft Initial Study –Negative Declaration 53
9 Hazards and Hazardous Materials
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Create a significant hazard to the public
or the environment through the routine
transport, use, or disposal of hazardous
materials? □ □ □ ■
b. Create a significant hazard to the public
or the environment through reasonably
foreseeable upset and accident
conditions involving the release of
hazardous materials into the
environment? □ □ □ ■
c. Emit hazardous emissions or handle
hazardous or acutely hazardous
materials, substances, or waste within
one-quarter mile of an existing or
proposed school? □ □ □ ■
d. Be located on a site which is included on
a list of hazardous materials sites
compiled pursuant to Government Code
Section 65962.5 and, as a result, would it
create a significant hazard to the public
or the environment? □ □ □ ■
e. For a project located within an airport
land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport, would
the project result in a safety hazard or
excessive noise for people residing or
working in the project area? □ □ □ ■
f. Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan? □ □ □ ■
g. Expose people or structures, either
directly or indirectly, to a significant risk
of loss, injury or death involving wildland
fires? □ □ □ ■
City of Montebello
Housing Element
54 a. Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b. Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
c. Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d. Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
As demonstrated in Table 1, the land inventory for the proposed project exceeds the City’s RHNA allocation across all income categories. Some of these sites would require rezoning on already urbanized land. While these rezonings would increase the total number of potential housing units on some sites, this would not lead to a significant impact on the environment related to hazardous materials for the following reasons.

As discussed in Section 10, Land Use and Planning and Section 14, Population and Housing, the project is fully consistent with the City’s General Plan and the updated 2016 Safety Plan related to hazardous materials which states that an agreement between the Fire Department and the City would address mitigation measures.

Furthermore, housing is not a land use typically associated with the use, transportation, storage, or generation of significant quantities of hazardous materials. Operation of new housing developed under the Housing Element Update would likely involve an incremental increase in the use of common household hazardous materials, such as cleaning and degreasing solvents, fertilizers, pesticides, and other materials used in regular property and landscaping maintenance. Use of these materials would be subject to compliance with existing regulations, standards, and guidelines established by the federal, State, and local agencies related to storage, use, and disposal of hazardous materials. The project would therefore not create significant hazards to the public or the environment through the routine transport, use, disposal, or reasonably foreseeable upset or accident conditions involving hazardous materials, including such effects within 0.25 mile of an existing or school, or being located on a site which is included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5.

For all the reasons discussed above, the Housing Element Update would have no impact associated with the routine transport, use, emission, release, or disposal of hazardous materials.

NO IMPACT
e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? The City of Montebello does not have any airports. The nearest airport is San Gabriel Valley Airport, approximately four miles northeast of the city, but no part of the city is within the airport land use plan or within two miles of this airport.

Environmental Checklist
Hazards and Hazardous Materials
Draft Initial Study –Negative Declaration 55
Additionally, the project would not directly result in development of a specific site, fundamentally change an area within the city. The project would facilitate housing, including affordable housing, in areas where housing of similar height and density could already occur in accordance with existing land use regulations. All applicable regulations, policies, and review processes related to airports, would continue to apply to future development carried out after adoption of the project. Therefore, the proposed project would have no impact related to airport safety hazards.

NO IMPACT
f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
As demonstrated in Table 1, the land inventory for the proposed project exceeds the City’s RHNA allocation across all income categories. Some of these sites would require rezoning on already urbanized land. The proposed project would not, however, involve any alteration of street patterns associated with major emergency evacuation routes. The City’s updated Safety Element (Safety Element 2016) includes the City of Montebello’s Disaster Movement and Evacuation Routes, which states that “Future development in the City would be required to meet minimum roadway widths and subdivision design requirements as established by SHMC Titles 15 (Building and Construction) and 18 (Subdivisions).” These requirements would help ensure adequate emergency response.

The project would not directly result in development of a specific site or fundamentally change an area within the city. The project would involve rezoning certain land inventory sites, but these sites are on already urban land. The project would facilitate housing, including affordable housing, in areas where housing of similar height and density could already occur in accordance with existing land use regulations. All applicable regulations, policies, and review processes related to emergency response and evacuation would continue to apply to future development carried out after adoption of the project and would be enforced through the City’s standard development review and code enforcement processes. Therefore, the project would not impair implementation of or otherwise interfere with adopted emergency response plans or emergency evacuation plans, and there would be no impact.

NO IMPACT
g. Would the project expose people or structures, either directly or indirectly, to significant risk of loss, injury, or death involving wildland fires?
As demonstrated in Table 1, the land inventory for the proposed project exceeds the City’s RHNA allocation across all income categories. While the proposed project would not directly result in development of a specific site or fundamentally change an area within the city, it would involve rezoning certain land inventory sites, but these sites are on already urban land. There have been no wildfire outbreaks within the City of Montebello, therefore it is not considered a very high fire hazard severity sone (VHFHSZ). However, bordering areas and the County of Los Angeles remain at risk of wildfires, therefore the City’s update to the Emergency Operations Plan will include a thorough hazard analysis including all types of fires (Hazard Mitigation Plan 2017). All applicable regulations, policies, and review processes related to fire prevention and fire protection would continue to apply to future development carried out after adoption of the project. Therefore, the project would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires. The issue of wildland fires is further analyzed in Section 20, Wildfire of this IS-ND.

NO IMPACT
City of Montebello
Housing Element
56 This page intentionally left blank.

Environmental Checklist
Hydrology and Water Quality
Draft Initial Study –Negative Declaration 57
10 Hydrology and Water Quality
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Violate any water quality standards or
waste discharge requirements or
otherwise substantially degrade surface
or groundwater quality? □ □ □ ■
b. Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the
project may impede sustainable
groundwater management of the basin? □ □ □ ■
c. Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition of
impervious surfaces, in a manner which
would:
(i) Result in substantial erosion or siltation
on- or off-site; □ □ □ ■
(ii) Substantially increase the rate or amount
of surface runoff in a manner which
would result in flooding on- or off-site; □ □ □ ■
(iii) Create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runoff; or □ □ □ ■
(iv) Impede or redirect flood flows? □ □ □ ■
d. In flood hazard, tsunami, or seiche zones,
risk release of pollutants due to project
inundation □ □ □ ■
e. Conflict with or obstruct implementation
of a water quality control plan or
sustainable groundwater management
plan? □ □ □ ■
City of Montebello
Housing Element
58 Water Supply and Quality
The City of Montebello is within the jurisdiction of the Los Angeles Regional Water Quality Control Board (RWQCB), which is responsible for the preparation and implementation of the water quality control plan for the Los Angeles Region. The 2020 UWMP written by the Montebello Land and Water Company (the Company) states that Montebello is serviced by the Company. The primary source of water in the city is groundwater pumped from the aquifers in the Central Subbasin.

Surface Water
The City of Montebello is not supplied surface water (UWMP 2020).

Groundwater
The Company receives and supplies all of its water to the city from local groundwater pumped from the Central Basin Aquifer (Basin). The Basin is a large subbasin found at the southeastern portion of the Coastal Plain of Los Angeles Groundwater Basin. The Basin is bounded by the Hollywood Basin and the Elysian, Repetto, Merced and Puente Hills to the north; the Los Angeles/Orange County line to the east; the Newport-Inglewood Uplift to the south and west; and a series of discontinuous faults and folds that form a prominent line of northwest-trending hills including the Baldwin Hills, Dominguez Hills, and Signal Hill to the south (UWMP 2020).

Flooding
The City of Montebello is shown as a Non-Special Flood Hazard Area (NSFHA) on Federal Emergency Management Agency (FEMA) flood maps. Therefore, the city is not considered a flood risk area (UWMP 2020).
a. Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? As demonstrated in Table 1, the land inventory for the proposed project exceeds the City’s RHNA allocation across all income categories. Some of these sites would require rezoning on already urbanized land. However, the proposed project would not directly result in development of a specific site or fundamentally change an area within the city. Potential future development would occurr on already urbanized land.

While future development projects would not be a direct result of the proposed project, during construction of such future projects, project applicants would be required to obtain coverage under a Construction General Permit (CGP) to comply with the Clean Water Act’s National Pollutant Discharge Elimination System (NPDES) requirements. In California, the State Water Resources Control Board (SWRCB) administers the NPDES permitting program and is responsible for developing NPDES permitting requirements. Compliance with the NPDES permit, and City Municipal Code (Section 8.36 – Storm Water and Urban Runoff Pollution prevention and 15.48 – Grading Requirements), would require the development and implementation of either a Storm Water Pollution Prevention Plan (SWPPP) or a Storm Water Pollution Control Plan (SWPCP). Either of these plans would include Best Management Practices (BMPs). The purpose of these plans is to identify all potential sources of pollution which may be expected to affect the quality of storm water discharge from a construction site and provide BMPs to help reduce potential impacts. The BMPs would include measures that would be implemented to prevent discharge of eroded soils from the construction site and sedimentation of surface waters off-site. The BMPs would also include Environmental Checklist
Hydrology and Water Quality
Draft Initial Study –Negative Declaration 59
measures to quickly contain and clean up any minor spills or leaks of fluids from construction equipment.

During operation, future projects would be subject to the requirements of a Los Angeles County Municipal Separate Storm Sewer Systems (MS4) permit. Site-specific BMPs would be designed by the contractor in compliance with applicable regulations and conditions of the MS4 permit. The MS4 permit establishes limits for the concentration of contaminants entering the storm drain system and requires BMPs such as landscaping for infiltration. Additionally, applicants would be required to design storm drains that conform to the standards approved by the City Engineer. Conformance with the NPDES permitting system and MS4 permit requirements would reduce water quality and waste discharge impacts from runoff during long-term operational activities from future projects.

As explained above and throughout this Initial Study, the proposed project would not substantially affect the physical environment because it would not directly result in development of a specific site or fundamentally change an area within the city. Future development would occur on already urbanized land. Additionally, future development in the City, while not a direct result of the project, would be subject to the permits, programs, and regulations described above. The proposed project would therefore not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality, and there would be no impact.

NO IMPACT
b. Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
c. Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
(i) Result in substantial erosion or siltation on- or off-site; (ii)Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site;
(iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or
(iv) Impede or redirect flood flows?
d. Would the project in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
e. Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
City of Montebello
Housing Element
60 As demonstrated in Table 1, the land inventory for the proposed project exceeds the City’s RHNA allocation across all income categories. Some of these sites would require rezoning on already urbanized land. The proposed project would not, however, directly result in development of a specific site or fundamentally change an area within the city. Future development would occur on already urbanized land.

Required compliance with Los Angeles County’s MS4 permit would improve water quality runoff from future project sites. During operation, future projects would be subject to the requirements of the NPDES MS4 Permit issued to the County of Los Angeles. The NPDES program requires stormwater permits for point source discharges, and the County’s MS4 Permit establishes limits for the concentrations of contaminants entering the storm drain system. Under the MS4 Permit, any project applicant who discharges stormwater runoff from a site is required to pre-treat runoff onsite through BMPs such as landscaping and infiltration. New development is required to include at least 5% pervious surface area on-site to control pollutants and runoff volume from impervious surfaces. With incorporation of standard MS4 permit requirements during construction and operation, future project sites would not discharge polluted stormwater in excess of City and County requirements.

The MMC, Section 8.29.050, states that, for an application for building permits for development or redevelopment of property, the developer may be required to incorporate in his or her development the use of recycled water at such time as it becomes available to the area of the city in lieu of the use of potable water for construction water and/or potable water for the permanent development (MMC 2021). In addition, the MMC, section 8.29.060 also requires time limits for watering and irrigation of areas with potable water, and limits watering duration. Excessive water flow and runoff is also prohibited.

Seiches are seismically induced waves that occur in large bodies of water other than the ocean, such as lakes and reservoirs. There are no lakes within the city. The MMC, Section 3.20.140, requires future projects to comply with the most recently adopted Uniform Public Construction Cost Accounting Act (UPCCA). City contracts for public projects and maintenance work would be governed by applicable state laws including the UPCCA, Public Contract Code Section 22000 et seq, and the California Uniform Construction Cost Accounting Commission's (UPCCA Commission) policies and procedures manual and cost accounting review procedures, as amended from time to time. This includes maintenance, improvement and reparation of dams and reservoirs (MMC 2021).

Therefore, the proposed project would have no impact related to inundation by seiche.

A tsunami is a tidal wave produced by offshore seismic activity. The city is approximately nineteen miles, at its closest, from the Pacific Ocean, and contains no potential tsunami inundation areas.

Also, the 2021-2029 Housing Element would not directly result in development of a specific site or fundamentally change an area within the city. Future development would occur on already urbanized land. The project would therefore not place housing or structures in a tsunami inundation area. Additionally, emergency evacuation plans are set forth in the Hazard Mitigation Plan managed by the City of Montebello, and these plans would be implemented if any flooding event did occur.

Therefore, the project would have no impact related to any risk of pollutant release from being in flood hazard, tsunami, or seiche zones.

The City of Montebello is in Los Angeles County and any project carried out in the city is under the jurisdiction of the Regional Water Quality Control Board (RWQCB) Region 4. The RWQCB provides permits for projects potentially affecting surface waters and groundwater locally and is responsible for preparing the Water Quality Control Plan for the Central Basin. The Basin Plans designate beneficial uses of water in the regions and establish narrative and numerical water quality Environmental Checklist
Hydrology and Water Quality
Draft Initial Study –Negative Declaration 61
objectives. The State has developed total maximum daily loads (also called TMDLs), which are a calculation of the maximum amount of a pollutant a water body can have and still meet water quality objectives established by the region. However, there are no listed water bodies in the city.

For the reasons discussed above, the proposed project would not increase water consumption, deplete groundwater supplies, interfere substantially with groundwater recharge, alter drainage patterns, or create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff, and there would be no impact.

The project would not directly result in development of a specific site or fundamentally change an area within the city. As discussed in Section 10.a of this IS-ND, while construction activities for future projects would have the potential to degrade surface water quality in receiving waterbodies due to ground disturbance and mobilization of sediment and sediment-bound pollutants, future development in the city (while not a direct result of the project) would be subject to relevant permits, programs, and regulations. Implementation of erosion and sediment control BMPs, as required pursuant to the NPDES Construction General Permit, would reduce the potential for construction activities to exacerbate existing surface water quality impairments. For the reasons discussed above, the project would not conflict with or obstruct implementation of applicable water quality control plans, and there would be no impact.

NO IMPACT
City of Montebello
Housing Element
62 This page intentionally left blank.

Environmental Checklist
Land Use and Planning
Draft Initial Study –Negative Declaration 63
11 Land Use and Planning
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Physically divide an established
neighborhood or community? □ □ □ ■
b. 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
environmental effect? □ □ □ ■
The City’s Zoning Map, updated in October 2016, is divided into Zoning Districts which implement three broad land use designations: Residential Zones, Commercial Zones, and Industrial Zones (City of Montebello 2016). More specific types of land uses are delineated further under each broad land use. In addition to these land use designations, the City has included an Overlays, Specific Plans, and Planned Developments section which establishes boundary lines for the Specific Plan, Planned Development Districts Brownfield Overlay District, and the Oil Production Overlay. However, the 2021-2029 Housing Element update also uses the updated Land Use Zoning Map created in 2020 by SCAG. The City of Montebello’s 2020 SCAG Land Use map implements nine broad land use designations: Low Density Residential, Medium Density residential, High Density Residential, Very High Density Residential, General Commercial, Boulevard Commercial, Industrial, Institutional, and Park, Recreation, and Open Space.
a. Would the project physically divide an established neighborhood or community? As demonstrated in Table 1, the land inventory for the proposed project exceeds the City’s RHNA allocation across all income categories. Some of these sites would require rezoning on already urbanized land. However, the project rezoning’s would increase housing density in already urbanized areas. In addition, any site-specific and project-specific impacts of future projects on those sites would depend on what exactly is proposed for those sites once a developer submits an application for development on the site. The Housing Element would facilitate housing, including affordable housing, in areas where housing of similar height and density could already occur in accordance with existing land use regulations. This potential future housing would generally be served by existing infrastructure and would not introduce new infrastructure or other physical changes that would substantially divide an established community. The Housing Element therefore does not include any components that would physically divide an established community, and there would be no impact.

NO IMPACT
City of Montebello
Housing Element
64 b. Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation or applicable goal or policy from the City of Montebello General Plan that was adopted for the purpose of avoiding or mitigating an environmental effect? The land inventory for the proposed project yields housing units that exceed those needed to meet the City’s RHNA allocation across all income categories, as demonstrated in Table 1. As shown in Table 1, Montebello’s RHNA for the current planning period is 5,186 units, including 2,021 extremely low, very low- and low-income housing units, 777 moderate housing units, and 2,388 above moderate housing units. The 2021 Housing Element Update identifies sites suitable for residential development, some of which require rezoning to accommodate the number of units listed in the Housing Element land inventory. However, no formal land use changes or physical development are proposed at this time, and future changes would require development review and, when applicable, environmental evaluation as potential impacts are location-specific and cannot be assessed in a meaningful way until a project site and development proposal are identified.

The 2021-2029 Housing Element Update does not propose specific projects but puts forth goals and policies that regulate various aspects of new housing development in Montebello. Because it is a policy document, the 2021-2029 Housing Element Update would not, in and of itself, result in impacts to land use, housing, or population. The City’s implementation of the Housing Element Update programs and policies includes future amendments to other elements of the General Plan and amendments to the City’s Zoning Ordinance to ensure consistency between all these documents. Pursuant to Government Code section 65583(c)(1), these actions will be accomplished within three years of the City’s adoption of the draft Housing Element Update. As required by Government Code Section 65583(c)(8), the draft Housing Element Update provides a timeline for processing any amendment to the General Plan, Zoning Ordinance, and any other land use document that implements the draft Housing Element Update. Upon its adoption, the 2021-2029 Housing Element Update would become part of the City’s General Plan.

For all the reasons discussed above, the 2021-2029 Housing Element Update would not conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect.

NO IMPACT
Environmental Checklist
Mineral Resources
Draft Initial Study –Negative Declaration 65
12 Mineral Resources
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Result in the loss of availability of a
known mineral resource that would be of
value to the region and the residents of
the state? □ □ □ ■
b. Result in the loss of availability of a
locally-important mineral resource
recovery site delineated on a local
general plan, specific plan or other land
use plan? □ □ □ ■
a. Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b. Would the project result in the loss of availability of a locally important mineral resource recovery site delineated in the City of Camarillo General Plan, specific plan, or other applicable land use plan?
As demonstrated in Table 1, the land inventory for the proposed project exceeds the City’s RHNA allocation across all income categories. Some of these sites would require rezoning on already urbanized land.

Historically, the City of Montebello’s land was used for crude oil production. The Official Zoning Map of 2016 also includes an Oil Production Overlay. However, the California Department of Conservation (DOC) does not currently recognize any Mineral Land Classification Petitions in Montebello within the Study Area. In addition, the Oil Production Overlay has been classified a Low Density Residential area (SCAG 2020). Although the City may contain mineral resources, the proposed project would not reduce or eliminate access to known mineral resources because it would not directly result in development of a specific site or fundamentally change an area within the city. Rather, it would facilitate housing, including affordable housing, in areas where housing could already occur in accordance with existing land use regulations, none of which would be on mineral resource recovery sites. It would therefore not substantially affect the physical environment and would not lead to the loss of availability of known mineral resources of statewide, regional, or local importance.

NO IMPACT
City of Montebello
Housing Element
66 This page intentionally left blank.

Environmental Checklist
Noise
Draft Initial Study –Negative Declaration 67
13 Noise
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project result in:
a. Generation of a substantial temporary or
permanent increase in ambient noise
levels in the vicinity of the project in
excess of standards established in the
local general plan or noise ordinance, or
applicable standards of other agencies? □ □ □ ■
b. Generation of excessive groundborne
vibration or groundborne noise levels? □ □ □ ■
c. For a project located within the vicinity of
a private airstrip or an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public
airport or public use airport, would the
project expose people residing or
working in the project area to excessive
noise levels? □ □ □ ■
Noise
The unit of measurement used to describe a noise level is the decibel (dB). However, the human ear is not equally sensitive to all frequencies within the sound spectrum. Therefore, a method called “Aweighting” is used to adjust actual sound pressure levels so that they are consistent with the human hearing response, which is most sensitive to frequencies around 4,000 Hertz (Hz) and less sensitive to frequencies around and below 100 Hz, thus filtering out noise frequencies that are not audible to the human ear. A-weighting approximates the frequency response of the average young ear when listening to most ordinary everyday sounds. When people make relative judgments of the loudness or annoyance of a sound, their judgments correlate well with the “A-weighted” levels of those sounds. Therefore, the A-weighted noise scale is used for measurements and standards involving the human perception of noise. In this analysis, all noise levels are A-weighted, and “dBA” is understood to identify the A-weighted decibel.

Decibels are measured on a logarithmic scale that quantifies sound intensity in a manner similar to the Richter scale used for earthquake magnitudes. A doubling of the energy of a noise source, such as a doubling of traffic volume, would increase the noise level by 3 dB; similarly, dividing the energy in half would result in a decrease of 3 dB (Crocker 2007).

City of Montebello
Housing Element
68 Human perception of noise has no simple correlation with sound energy: the perception of sound is not linear in terms of dBA or in terms of sound energy. Two sources do not “sound twice as loud” as one source. It is widely accepted that the average healthy ear can barely perceive an increase (or decrease) of up to 3 dBA in noise levels (i.e., twice [or half] the sound energy); that an increase (or decrease) of 5 dBA (8 times [or one eighth] the sound energy) is readily perceptible; and that an increase (or decrease) of 10 dBA (10.5 times [or approximately one tenth] the sound energy) sounds twice (or half) as loud (Crocker 2007).

Descriptors
The impact of noise is not a function of loudness alone. The time of day when noise occurs, and the duration of the noise are also important. In addition, most noise that lasts for more than a few seconds is variable in its intensity. Consequently, a variety of noise descriptors has been developed.

The noise descriptors used for this analysis are the one-hour equivalent noise level (Leq) and the community noise equivalent level (CNEL).
▪ The Leq is defined as the single steady A-weighted level that is equivalent to the same amount of energy as that contained in the actual fluctuating levels over a period. Typically, Leq is equivalent to a one-hour period, even when measured for shorter durations as the noise level of a 10- to 30-minute period would be the same as the hour if the noise source is relatively steady. Lmax is the highest Root Mean Squared (RMS) sound pressure level within the sampling period, and Lmin is the lowest RMS sound pressure level within the measuring period (Crocker 2007). ▪ The CNEL is a 24-hour equivalent sound level with an additional 5 dBA penalty to noise occurring during evening hours, between 7:00 p.m. and 10:00 p.m., and an additional 10 dBA penalty to noise occurring during the night, between 10:00 p.m. and 7:00 a.m., to account for the added sensitivity of humans to noise during these hours (Caltrans 2013). Quiet suburban areas typically have a CNEL in the range of 40 to 50 dBA, while areas near arterial streets are in the 50 to 70+ CNEL range.

Propagation
Sound changes in both level and frequency spectrum as it travels from the source to the receiver.

The most obvious change is the decrease in sound level as the distance from the source increases.

The way sound reduces with distance depends on factors such as the type of source (e.g., point or line), the path the sound will travel, site conditions, and obstructions. Sound levels from a point source (e.g., construction, industrial machinery, ventilation units) typically attenuate, or drop off, at a rate of 6 dBA per doubling of distance. Sound from a line source (e.g., roadway, pipeline, railroad) typically attenuates at about 3 dBA per doubling of distance (Caltrans 2013).

Vibration
Typical outdoor sources of perceptible groundborne vibration are construction equipment, steelwheeled trains, and traffic on rough roads. If a roadway is smooth, the groundborne vibration from traffic is rarely perceptible. Groundborne vibration of concern in environmental analysis consists of the oscillatory waves that move from a source through the ground to adjacent structures. The number of cycles per second of oscillation makes up the vibration frequency, described in terms of hertz (Hz). The vibration frequency of an object describes how rapidly it oscillates. The normal frequency range of most groundborne vibration that can be felt by the human body is from a low of less than 1 Hz up to a high of about 200 Hz (Crocker 2007).

Environmental Checklist
Noise
Draft Initial Study –Negative Declaration 69
While people have varying sensitivities to vibrations at different frequencies, in general they are most sensitive to low-frequency vibration. Vibration in buildings, such as from nearby construction activities, may cause windows, items on shelves, and pictures on walls to rattle. Vibration of building components can also take the form of an audible low-frequency rumbling noise, referred to as groundborne noise. Groundborne noise may result in adverse effects, such as building damage, when the originating vibration spectrum is dominated by frequencies in the upper end of the range (60 to 200 Hz). Vibration may also damage infrastructure when foundations or utilities, such as sewer and water pipes, physically connect the structure and the vibration source (Federal Transit Administration [FTA] 2018). Although groundborne vibration is sometimes noticeable in outdoor environments, it is almost never annoying to people who are outdoors. The primary concern from vibration is that it can be intrusive and annoying to building occupants and vibration-sensitive land uses.

Descriptors
Vibration amplitudes are usually expressed in peak particle velocity (PPV) or RMS vibration velocity.

The PPV and RMS velocity are normally described in inches per second (in./sec.). PPV is defined as the maximum instantaneous positive or negative peak of a vibration signal. PPV is often used in monitoring of blasting vibration because it is related to the stresses that are experienced by buildings (Caltrans 2020).

Response to Vibration
Vibration associated with construction of the project has the potential to be an annoyance to nearby land uses. Caltrans has developed limits for the assessment of vibrations from transportation and construction sources. The Caltrans vibration limits are reflective of standard practice for analyzing vibration impacts on structures. The Caltrans Transportation and Construction Vibration Guidance Manual (Caltrans 2020) identifies impact criteria for buildings and criteria for human annoyances from transient and continuous/frequent sources: Table 4 presents the impact criteria for buildings, and Table 5 presents the criteria for humans.

Table 4 Vibration Damage Potential
Building Type Maximum PPV (in./sec.)
Historic sites and other critical locations 0.1
Historic and some old buildings 0.5
Older residential structures 0.5
New residential structures 1.0
Modern industrial/commercial buildings 2.0
PPV = peak particle velocity; in./sec. = inches per second Source: Caltrans 2020
City of Montebello
Housing Element
70 Table 5 Vibration Annoyance Potential
Maximum PPV (in./sec.)
Human Response Transient Sources
Continuous/Frequent
Intermittent Sources
Severe/disturbing 2.00 0.70
Strongly perceptible 0.90 0.10
Distinctly perceptible 0.240 0.035
Barely perceptible 0.035 0.012
Note: Transient sources create a single isolated vibration event, such as blasting or drop balls (i.e., a loose steel ball that is dropped onto structures or rock to reduce them to a manageable size). Continuous/frequent intermittent sources include impact pile drivers, pogo-stick compactors, crack-and-seat equipment, vibratory pile drivers, and vibratory compaction equipment.

PPV = peak particle velocity; in./sec. = inches per second Source: Caltrans 2020
Propagation
Vibration energy spreads out as it travels through the ground, causing the vibration level to diminish with distance away from the source. High-frequency vibrations diminish much more rapidly than low frequencies, so low frequencies tend to dominate the spectrum at large distances from the source. Variability in the soil strata can also cause diffractions or channeling effects that affect the propagation of vibration over long distances (Caltrans 2020). When a building is exposed to vibration, a ground-to-foundation coupling loss (the loss that occurs when energy is transferred from one medium to another) will usually reduce the overall vibration level. However, under rare circumstances, the ground-to-foundation coupling may amplify the vibration level due to structural resonances of the floors and walls.

Sensitive Receptors
Noise exposure goals for various types of land uses reflect the varying noise sensitivities associated with those uses. Generally, a sensitive receptor is identified as a location where human populations (especially children, the elderly, and sick persons) are present, and where there is a reasonable expectation of continuous human exposure to noise. Noise-sensitive land uses generally include residences, hospitals, schools, churches, libraries, and parks, all of which occur in Montebello.

Vibration-sensitive receptors, which are similar to noise-sensitive receptors, include residences and institutional uses, such as hospitals, schools, and churches. However, vibration-sensitive receptors also include buildings where vibrations may interfere with vibration-sensitive equipment that is affected by vibration levels that may be well below those associated with human annoyance (e.g., recording studies or medical facilities with sensitive equipment). a. Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
b. Generation of excessive groundborne vibration or groundborne noise levels? Environmental Checklist
Noise
Draft Initial Study –Negative Declaration 71
c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
As demonstrated in Table 1, the land inventory for the proposed project exceeds the City’s RHNA allocation across all income categories. Some of these sites would require rezoning on already urbanized land. The project, however, would not directly result in development of a specific site, or fundamentally change any area within the city. It would therefore not create additional noise or vibration sources or increase noise or vibration from any source. Future development would be subject to the City’s General Plan, Zoning Codes, and all other applicable policies and regulations.

The 1975 Noise Element of the City’s General Plan requires the implementation of various goals and policies set by the Noise Element. Such policies (such as evaluating new residential developments to assure they are not permitted where traffic generated noise levels already exceed the residential zone noise level) would be applied to any development carried out after adoption of the 2016-2021 Housing Element Update (Montebello Noise Element, 1975).

Future development would be subject to the provisions of the City’s Municipal Code relating to noise and vibration, such as Chapter 17.22.110, which includes noise regulations for construction activities; that require such activities to not exceed specific levels in different areas such as residential, commercial, and industrial zones (MMC 2021).

The 2021-2029 Housing Element Update proposes rezoned sites, however the rezonings would increase housing density in already urbanized areas. Any site-specific and project-specific impacts of future projects on the rezone sites would depend on what exactly is proposed for those sites once a developer submits an application for development on the site. Any construction related and localized impacts would be reviewed through the development review and, if applicable, CEQA processes at the time of project submittal. The 2021-2029 Housing Element Update would facilitate housing, including affordable housing, in areas where housing of similar density could already occur in accordance with existing land use regulations. For all the reasons discussed above, the project would have no impact related to noise.

NO IMPACT
City of Montebello
Housing Element
72 This page intentionally left blank.

Environmental Checklist
Population and Housing
Draft Initial Study –Negative Declaration 73
14 Population and Housing
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Induce substantial unplanned population
growth in an area, either directly (for
example, by proposing new homes and
businesses) or indirectly (for example,
through extension of roads or other
infrastructure)? □ □ □ ■
b. Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere? □ □ □ ■
a. Would the project induce substantial unplanned population growth in an area, either directly or indirectly?
As demonstrated in Table 1, the land inventory for the proposed project exceeds the City’s RHNA allocation across all income categories. Some of these sites would require rezoning on already urbanized land. As discussed in Section 8, Description of Project, the land inventory could accommodate up to 5,186 housing units to meet the City’s RHNA. The RHNA allocation of 5,186 units is intended to accommodate forecasted population growth in addition to addressing overcrowding in the city. The city therefore has adequate residentially zoned sites to provide opportunities for affordable housing commensurate with the City’s RHNA requirements and help relieve overcrowding and existing cost burden.

According to the California Department of Finance (2021), the City of Montebello has an estimated population of 62,914. SCAG estimates a population increase to 67,800 by 2045, which is an increase of approximately 7.8 percent or 4,886 persons (DOF 2020). According to Table 2.9 of the Housing Element Update, the average household size was 3.71 persons in 2019. At this average household size, the anticipated future population growth of 4,886 by 2045 would require approximately 1,317 housing units. The 2021-2029 Housing Element land inventory includes a total of 21 sites and citywide ADUs that are projected to accommodate 5,778 units. The Housing Element Update is a policy document and as such does not propose specific development projects, but facilitates density needed to accommodate the 6th cycle RHNA, which defines each local jurisdiction’s share of the region’s projected housing needs, by income category, for the planning period. State law mandates that jurisdictions provide sufficient land to accommodate a variety of housing opportunities for all economic segments of the community. Compliance with this requirement is measured by the jurisdiction’s ability to identify adequate sites to accommodate the RHNA. Therefore, the Housing Element Update would not, in and of itself, induce substantial unplanned population growth in an area. Rather, as discussed in the Project Description, the Housing Element Update demonstrates and provides the capacity to meet the City’s RHNA. The Housing Element Update would be consistent City of Montebello
Housing Element
74 with the City’s General Plan and the RTP/SCS, since the rest of the General Plan, and the RTP/SCS, will, as described in the Project Description section of this IS-ND, be updated to reflect the population and housing forecasts inherent in the Housing Element. Therefore, the Housing Element Update would not induce substantial unplanned population growth in an area and no impact would occur.

NO IMPACT
b. Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
As demonstrated in Table 1, the land inventory for the proposed project exceeds the City’s RHNA allocation across all income categories. Some of these sites would require rezoning on already urbanized land to ensure that the city will have adequate residentially-zoned sites to provide opportunities for affordable housing commensurate with the City’s RHNA requirements.

The 2021-2029 Housing Element would not directly result in development of a specific site or fundamentally change an area within the city. Future development would occur on already urbanized land. Any site-specific and project-specific impacts of future projects on those sites will depend on what exactly is proposed for those sites once a developer submits an application for development on the site. In addition, construction-related and localized impacts would be reviewed through the development review and, if applicable, CEQA processes at the time of project submittal.

Any land inventory sites where existing housing could eventually be replaced by new housing would generally result in more housing being created than is being eliminated, since the Housing Element is designed to encourage housing production (including housing affordable to lower-income households) that would increase the total number of housing units in the city. The 2021-2029 Housing Element does not include any components that would displace substantial amounts of existing housing or people, necessitating the construction of replacement housing elsewhere.

Therefore, no impact would occur.

NO IMPACT
Environmental Checklist
Public Services
Draft Initial Study –Negative Declaration 75
15 Public Services
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
a. Would the project result in substantial
adverse physical impacts associated with
the provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities,
the construction of which could cause
significant environmental impacts, in
order to maintain acceptable service
ratios, response times or other
performance objectives for any of the
public services:

Fire Protection □ □ □ ■
Police Protection □ □ □ ■
Schools □ □ □ ■
Parks □ □ □ ■
Other Public Services □ □ □ ■
Park facilities are addressed in Impact 16, Recreation.

The City of Montebello contracts with the Montebello Fire Department (MFD) for fire protection services. According to the 2017 Safety Element, the city is served by three strategically located MFD fire stations at 600 N. Montebello Boulevard, 1166 South Greenwood Avenue, and 2950 Via Acosta.

The Safety Element states that the MFD is staffed by 51 personnel and receives an estimated average of 6,000 calls per year. The MFD has additional resources available to provide back-up services to the city as needed, including Emergency Medical Services (EMS). EMS provides support to the three fire stations and their personnel.

Police protection services for Montebello are provided by the Montebello Police Department (MPD).

The MPD’s service area is divided into four districts which are serviced by the MFD Headquarters (located at 1600 West Beverly Boulevard), which is the only police station in the city. The MPD website states that the agency is currently funded for 77 full-time sworn officers, 10 reserve officers, 28 professional staff, 18 part time professional staff, and also consists of volunteers and seasonal staff. The MPD has three divisions which consist of Field Services, Investigative Services, and Support Services. In addition to these, the MPD also has specialized units which include: Adult and Juvenile Investigations, Narcotics Investigations, Gang Investigations, K-9 unit, Training Division, Special Response Team, Mental Health Evaluation Team, Professional Standard Unit, Traffic Accident Investigations, Motorcycle Traffic Enforcement Community Relations Unit, Transit Security Unit.

City of Montebello
Housing Element
76 The City of Montebello is serviced by 21 schools that belong to the Montebello School District. The Montebello School District serves 29,978 students and is the 35th largest school district by enrollment. Currently, the Montebello Unified School District website states that there are 16 K-5 th
grade schools, 1 K-8
th grade, 6 intermediate schools (6th
-8
th grade), 4 high schools, 1 continuation
school, 1 community day school, and 4 adult education schools.

Montebello’s medical services are served by Beverly Hospital, located near the center of the city (Safety Element 2017). Beverly Hospital has 224 beds with a medical staff of over 300 physicians.

The hospital is also staffed by a number of other employees and volunteers (Safety Element 2017).

Montebello Libraries are operated by LA County public libraries. According to the County of Los Angeles, there are two libraries within the city, the Montebello Library and the Chet Holifield Library.
a.1. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered fire protection facilities, or the need for new or physically altered fire protection facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives?
a.2. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered police protection facilities, or the need for new or physically altered police protection facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives?
a.3. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered schools, or the need for new or physically altered schools, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives? a.4. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered parks, or the need for new or physically altered parks, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives? a.5. Would the project result in substantial adverse physical impacts associated with the provision of other new or physically altered public facilities, or the need for other new or physically altered public facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives?
As demonstrated in Table 1, the land inventory for the proposed project exceeds the City’s RHNA allocation across all income categories. Some of these sites would require rezoning on already urbanized land, but the Housing Element Update, in and of itself, does not propose specific projects.

Rather, it sets forth goals and policies that promulgate new housing development in Montebello, consistent with the current RHNA cycle. Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts related to public facilities and services. The Safety Element and Hazard Mitigation Plan also address the safety planning needs for the City though implementing policies and objectives to address such needs, such as expansion of police and fire facilities to meet projected demands.

Environmental Checklist
Public Services
Draft Initial Study –Negative Declaration 77
The 2021-2029 Housing Element Update proposes rezoned sites, however the rezonings would increase housing density in already urbanized areas. Any site-specific and project-specific impacts of future projects on those sites on public services will depend on what exactly is proposed for those sites once a developer submits an application for development on the site, and such impacts would be reviewed through the development review and, if applicable, CEQA processes at the time of project submittal. The 2021-2029 Housing Element Update would facilitate housing, including affordable housing, in areas where housing of similar density could already occur in accordance with existing land use regulations.

For all the reasons discussed above, the Housing Element Update would not result in substantial adverse environmental impacts associated with the provision of new or physically altered public facilities and no impact would occur.

NO IMPACT
City of Montebello
Housing Element
78 This page intentionally left blank.

Environmental Checklist
Recreation
Draft Initial Study –Negative Declaration 79
16 Recreation
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
a. Would the project 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? □ □ □ ■
b. Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which
might have an adverse physical effect on
the environment? □ □ □ ■
The City’s Parks, Recreation and Community Services division operates 20 parks totaling 125.91 acres shared between mini parks, neighborhood parks, community parks, community centers, special use parks, and regional parks (Parks Master Plan, 2021). As described in the Parks Master Plan of 2021, the City of Montebello has a parkland to resident ratio of 1.3 acres per 1,000 residents, which is lower than the threshold benchmark of 3.0 acres per 1,000 persons as defined by the Quimby Act (Section 66477 of the Government Code). The parkland to resident ratio is also lower than the Parks and Recreation Element of the General Plan threshold which holds a standard ratio of 4.0 acres to 1,000 persons
The City classifies it’s parks into five categories: community centers, community parks, neighborhood parks, mini parks, and special use parks (Parks Master Plan 2021). These parks include 6 neighborhood parks, 4 mini parks, 1 community park, 1 community park with a community center, 2 special parks, and 6 community centers.
a. Would the project 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?
b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? As demonstrated in Table 1, the land inventory for the proposed project exceeds the City’s RHNA allocation across all income categories. Some of these sites would require rezoning on already urbanized land, but the Housing Element Update, in and of itself, does not propose specific projects.

Rather, it sets forth goals and policies that promulgate new housing development in Montebello, consistent with the current RHNA cycle. The Housing Element Update would therefore not directly result in impacts related to recreational facilities. Development proposals for future projects would be subject to adopted development guidelines, including standards that govern recreational facilities. Residential development would also be subject to payment of Quimby Act fees. The Quimby Act authorizes the legislative body of a city or county to require the dedication of land or to impose fees for park or recreational purposes as a condition of the approval of a tentative or parcel City of Montebello
Housing Element
80 subdivision map, if specified requirements are met (California Legislative Information website, December 2021). Therefore, the Housing Element Update would not increase the use of existing recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated, or require the construction or expansion of recreational facilities which might have an adverse physical impact on the environment, and no impact would occur.

NO IMPACT
Environmental Checklist
Transportation
Draft Initial Study –Negative Declaration 81
17 Transportation
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Conflict with a program, plan, ordinance
or policy addressing the circulation
system, including transit, roadway,
bicycle and pedestrian facilities? □ □ □ ■
b. Would the project conflict or be
inconsistent with CEQA Guidelines
section 15064.3, subdivision (b)? □ □ □ ■
c. Substantially increase hazards due to a
geometric design feature (e.g., sharp
curves or dangerous intersections) or
incompatible uses (e.g., farm
equipment)? □ □ □ ■
d. Result in inadequate emergency access? □ □ □ ■
a. Would the project conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? b. Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?
The City of Montebello Circulation Element has established goals and policies for the development of transportation facilities, including the following:

Goal 1: To facilitate traffic movement and alleviate congestion around the City.

Goal 2: To Protect residential areas from through traffic.

Goal 3: To develop a circulation system which provides for continuous movement to and from adjacent communities.

Policy 3: City should seek to provide an adequate circulation system in the hills which services major regional traffic generators, yet preserves areas which are attractive for residential, open space or recreational development.

Policy 4: Through traffic residential areas should be avoided.

Policy 5: The City of Montebello should not be bisected by a new freeway route.

Policy 6: The City’s existing municipal bus lines should be improved to accommodate and service new development, as proposed in the land use element.

City of Montebello
Housing Element
82 As shown in Table 1, the land inventory for the proposed project exceeds the City’s RHNA allocation across all income categories. Some of these sites would require rezoning on already urbanized land.

The proposed project would not, however, directly result in development of a specific site or fundamentally change an area within the city. Rather, the project would facilitate housing, including affordable housing, in areas where housing of similar density could already occur in accordance with existing land use regulations (such as the General Plan goals and policies listed above) and transportation systems already exist or have already been planned for extension. Because the project would not directly result in development of a specific site, and because it would constitute infill development that would be consistent with implementation strategies from SCAG’s 2020-2045 RTP/SCS to focus growth near destinations and mobility options that would generally reduce vehicle miles travelled (VMT) and greenhouse gas emissions (as explained in Section 8, Greenhouse Gas Emissions of this IS-ND), it would not conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b) for the reduction of VMT.

The project would therefore not increase or redistribute traffic in a way that would conflict with any applicable plans, policies, or ordinances relating to the performance of the circulation system; conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b); or substantially increase hazards due to a geometric design feature or incompatible uses. There would be no impact.

NO IMPACT
c. Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d. Would the project result in inadequate emergency access? As demonstrated in Table 1, the land inventory for the proposed project exceeds the City’s RHNA allocation across all income categories. Some of these sites would require rezoning on already urbanized land.

The proposed project would not directly result in development of a specific site or fundamentally change an area within the city and would therefore not substantially affect the physical environment. Future development would occur on already urbanized land. Any site-specific and project-specific impacts of future projects on those sites would depend on what exactly is proposed for those sites once a developer submits an application for development on the site. The City would review each project’s potential impacts through the development review and, if applicable, CEQA processes at the time of project submittal. All applicable City policies and review processes related to hazards and emergency access (described in Section 8, Hazards and Hazardous Materials) would continue to apply to future development carried out after adoption of the proposed project. The project would therefore not increase hazards due to a design feature or incompatible use, or result in inadequate emergency access, and there would be no impact.

NO IMPACT
Environmental Checklist
Tribal Cultural Resources
Draft Initial Study –Negative Declaration 83
18 Tribal Cultural Resources
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project cause a substantial adverse
change in the significance of a tribal cultural
resource, defined in a Public Resources Code
Section 21074 as either a site, feature, place,
or cultural landscape that is geographically
defined in terms of the size and scope of the
landscape, sacred place, or object with
cultural value to a California Native American
tribe, and that is:
a. Listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in Public
Resources Code Section 5020.1(k)? □ □ □ ■
b. A resource determined by the lead
agency, in its discretion and supported by
substantial evidence, to be significant
pursuant to criteria set forth in
subdivision (c) of Public Resources Code
Section 5024.1? In applying the criteria
set forth in subdivision (c) of Public
Resources Code Section 5024.1, the lead
agency shall consider the significance of
the resource to a California Native
American tribe. □ □ □ ■
AB 52 was enacted in 2015 and expanded CEQA by defining a new resource category, “tribal cultural resources.” AB 52 established that “A project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment” (PRC Section 21084.2). It further stated that the lead agency shall establish measures to avoid impacts that would alter the significant characteristics of a tribal cultural resource, when feasible (PRC Section 21084.3).

PRC Section 21074 (a)(1)(A) and (B) defines tribal cultural resources as “sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe” and is:

1. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in PRC Section 5020.1(k), or City of Montebello
Housing Element
84 2. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of PRC Section 5024.1.

In applying these criteria, the lead agency shall consider the significance of the resource to a California Native American tribe.

AB 52 also establishes a formal consultation process for California tribes regarding those resources.

The consultation process must be completed before a CEQA document can be certified. Under AB 52, lead agencies are required to “begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project.” Native American tribes to be included in the process are those that have requested notice of projects proposed within the jurisdiction of the lead agency.

California Government Code Section 65352.3 (adopted in 2004 pursuant to the requirements of SB 18 [SB 18]) requires local governments to contact, refer plans to, and consult with tribal organizations prior to making a decision to adopt or amend a general or specific plan. The tribal organizations eligible to consult have traditional lands in a local government’s jurisdiction, and are identified, upon request, by the NAHC. As noted in the California Office of Planning and Research’s Tribal Consultation Guidelines (2005), “The intent of SB 18 is to provide California Native American tribes an opportunity to participate in local land use decisions at an early planning stage, for the purpose of protecting, or mitigating impacts to, cultural places.” a. Would the project cause a substantial adverse change in the significance of a tribal cultural resource as defined in Public Resources Code Section 21074 that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k)?
b. Would the project cause a substantial adverse change in the significance of a tribal cultural resource as defined in Public Resources Code 21074 that is a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? The Housing Element Update, in and of itself, does not propose specific projects but sets forth goals and policies that promulgate new housing development in Montebello consistent with the current RHNA cycle. Because it is a policy document, the Housing Element Update would not result in impacts to tribal cultural resources.

Consistent with AB 52 and SB 18, the City must consult with traditionally and culturally affiliated Native American tribes to determine if the Housing Element Update would result in a substantial adverse change in the significance of a tribal cultural resource. Under AB 52, Native American tribes have 30 days to respond and request further project information and formal consultation, and under SB 18 Native American tribes have 90 days to respond requesting consultation.

No California Native American tribes traditionally or culturally affiliated with the project area have requested consultation pursuant to Public Resources Code Section 21080.3.1 to date, but City staff will reach out to representatives of tribal organizations traditionally and culturally affiliated with the project area during circulation of this IS-ND.

Development proposals for individual projects would be subject to adopted development guidelines, including standards that govern archaeological resources as described in Impact 5, Cultural Resources, and disposition of human remains as governed by Health and Safety Code Section 7050.5 and PRC Sections 5097.94 and 5097.98. Based on the tribal consultation requirements, regulations, and standards discussed above, and the lack of direct physical impacts on Environmental Checklist
Tribal Cultural Resources
Draft Initial Study –Negative Declaration 85
the environment from the Housing Element Update itself, the proposed project would not result in impacts to tribal cultural resources and no impact would occur.

NO IMPACT
City of Montebello
Housing Element
86 This page intentionally left blank.

Environmental Checklist
Utilities and Service Systems
Draft Initial Study –Negative Declaration 87
19 Utilities and Service Systems
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects? □ □ □ ■
b. Have sufficient water supplies available
to serve the project and reasonably
foreseeable future development during
normal, dry and multiple dry years? □ □ □ ■
c. Result in a determination by the
wastewater treatment provider which
serves or may serve the project that it
has adequate capacity to serve the
project’s projected demand in addition to
the provider’s existing commitments? □ □ □ ■
d. Generate solid waste in excess of State or
local standards, or in excess of the
capacity of local infrastructure, or
otherwise impair the attainment of solid
waste reduction goals? □ □ □ ■
e. Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste? □ □ □ ■
Setting
Water
The 2020 Urban Water Management Plan (UWMP), prepared by AKM Consulting Engineers, dated June 2021, provides the most current information regarding the City’s water supply. The UWMP is required by the California State Water code. The UWMP is a long-term planning tool that provides water purveyors and their customers a broad perspective on water supply issues over a 20-to-25- year period. The UWMP is also a management tool, providing the framework for action, but does not function as a detailed project development plan. As stated in the City’s 2020 UWMP, the Montebello Land and Water Company (the Company) consists of the following:

City of Montebello
Housing Element
88 1. One open (1) pressure zone and one (1) closed pressure zone

2. Approximately 31 miles of pipeline, 2-inches through 24-inches in diameter

3. 3 MG Reservoir

4. Reservoir Booster Pump Station (~3,400 gpm)

5. 6th Street Booster Pump Station (~1,000 gpm)

6. 7 active water production wells

7. 460 fire hydrants

8. 4,076 service connections

9. 0 emergency interconnections with adjacent agencies
Wastewater
Montebello’s wastewater is collected from the Company’s service area then diverted to the Los Angeles County Sanitation District’s (LACSD) Los Coyotes WRP which services 370,000 people and has a capacity to treat 37.5 million gallons (MGD’s) per day assuming they go through the primary, secondary, and tertiary treatment process (UWMP 2020). According to the UWMP data, approximately 6 MGD of tertiary treated water was produced at the Los Coyotes WRP for beneficial reuse including landscape irrigation of schools, golf courses, parks, nurseries, and greenbelts in addition to industrial use at local companies for carpet dying and concrete mixing (UWMP 2020).

Stormwater
The 2020 UWMP states that the Company does not divert stormwater for beneficial reuse and is not in any development to do so as of the release of the 2020 UWMP report.

Solid Waste
The City of Montebello has authorized 13 waste providers to collect, transport, or provide solid waste, recycling, or commercial and demolition services within the City, (City of Montebello Department of Public Affairs Website). These specific franchises are exempt from the Municipal Code 8.12.030 which states that "Any person may provide recycling services to commercial, industrial, and multi-family premises within the City without obtain-ing a franchise, provided that the person has a valid and current business license issued by the City and complies with the provisions of the City’s Code” (City of Montebello Department of Public Affairs Website).

The City exempts :

1. Landscaping and yard maintenance persons who, as a consequence of their business activity, may generate, transport, and dispose of green waste material that they generate.

2. Non-profit organizations collecting recyclable materials for the purposes of fund raising The franchises exempt from the Municipal Code are:
• AAA Rubbish, Inc
• American Reclamation
• Athens Services
• CalMet Services
• Commercial Waste Services
• Consolidated Disposal
Environmental Checklist
Utilities and Service Systems
Draft Initial Study –Negative Declaration 89
• G&B Services
• Haul Away Rubbish
• Key Disposal
• NASA Services
• Serv-Wel Disposal
• Universal Waste
• Ware Disposal
a. Would the project require the relocation or construction of new or expanded water, wastewater treatment, or storm water drainage, electric power, or natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
b. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
c. Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? d. Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
As demonstrated in Table 1, the land inventory for the proposed project exceeds the City’s RHNA allocation across all income categories. Some of these sites would require rezoning on already urbanized land. The proposed project would not, however, directly result in development of a specific site or fundamentally change an area within the city. The project would facilitate housing, including affordable housing, in areas where housing of similar density could already occur in accordance with existing land use regulations, and utilities and service systems already exist or have already been planned for extension to these areas. It would therefore not substantially affect the physical environment. The 2021-2029 Housing Element Update itself would therefore not generate wastewater, or create increased demand for water, electric power, natural gas, or telecommunications facilities. Because of this, the project is fully consistent with the City’s General Plan and Municipal Code. Projects carried out after adoption of the project would be subject to the General Plan requirements relating to these utilities and service systems as discussed above, the project would not require or result in the construction of new facilities or expansion of existing facilities related to these utilities and service systems, and there would be no impact.

NO IMPACT
e. Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
As demonstrated in Table 1, the land inventory for the proposed project exceeds the City’s RHNA allocation across all income categories. Some of these sites would require rezoning on already urbanized land.

As discussed previously, the City of Montebello’s Municipal Code limits solid waste collection to a specific group of franchises and any site-specific projects would be subject to applying for City of Montebello
Housing Element
90 development in accordance with the General Plan and Municipal Code. The Housing Element Update is a policy document and as such does not propose specific development projects, but facilitates density needed to accommodate the 6th cycle RHNA. Because specific future projects are not known at this time, the city cannot currently assess the specific impacts from solid waste from such future projects.

The Housing Element update, in and of itself, does not propose specific projects. Rather, it puts forth goals and policies that regulate various aspects of new housing development in Montebello.

Therefore, while it may influence the proportion of affordable or market-rate units in future residential developments on various properties throughout the City, it would not directly result in development of a specific site or fundamentally change an area within the City. Future development would occur on already urbanized land already served by solid waste collection and disposal providers. Any solid waste-related impacts of future projects would depend on what exactly is proposed for those sites once a developer submits an application for development on the site. Such impacts would be reviewed through the development review and, if applicable, CEQA processes at the time of project submittal. For all the reasons discussed above, the Housing Element update would comply with federal, state, and local management and reduction statutes and regulations related to solid waste, and there would be no impact.

NO IMPACT
Environmental Checklist
Wildfire
Draft Initial Study –Negative Declaration 91
20 Wildfire
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
If located in or near state responsibility areas
or lands classified as very high fire hazard
severity zones, would the project:
a. Substantially impair an adopted
emergency response plan or emergency
evacuation plan? □ □ □ ■
b. Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks and
thereby expose project occupants to
pollutant concentrations from a wildfire
or the uncontrolled spread of a wildfire? □ □ □ ■
c. Require the installation or maintenance
of associated infrastructure (such as
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? □ □ □ ■
d. Expose people or structures to significant
risks, including downslopes or
downstream flooding or landslides, as a
result of runoff, post-fire slope instability,
or drainage changes? □ □ □ ■
The entire southern California region is prone to large wildfires due to its hot, dry climate and expansive coverage of ignitable vegetation. During the autumn and winter months, strong offshore Santa Ana wind events carry dry, desert air and can fan fast-moving fires that spread rapidly from heavily vegetated wilderness and mountainous areas into developed communities. The City of Montebello is in a highly urbanized area of Los Angeles County, which limits the spread of large, uncontrolled wildfires. However, the area is prone to regular brush fires, particularly during summer heat waves, which can pose a safety risk.

While a natural ecological process in coastal chaparral and forest systems, wildfire return intervals have decreased throughout southern California, resulting in more frequent ecological disturbance, loss of biodiversity, and colonization by non-native grass species (U.S. Forest Service 2018).

Furthermore, post-fire conditions leave exposed mountain slopes and hillsides vulnerable to surface erosion and runoff. Debris flows during post-fire rainy seasons can pose a risk to life and property and occur with little warning. In southern California, as little as 0.3 inch of rain in 30 minutes can produce debris flows on post-fire landscapes (U.S. Geological Survey 2018).

City of Montebello
Housing Element
92 a. Substantially impair an adopted emergency response plan or emergency evacuation plan? b. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
c. Require the installation or maintenance of associated infrastructure (such as 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? d. Expose people or structures to significant risks, including downslopes or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? As demonstrated in Table 1, the land inventory for the proposed project exceeds the City’s RHNA allocation across all income categories. Some of these sites would require rezoning on already urbanized land. The proposed project would not, however, directly result in development of a specific site or fundamentally change an area within the city. It would therefore not substantially affect the physical environment. As discussed in Section 10, Land Use and Planning and Section 14, Population and Housing, the project is fully consistent with the City’s General Plan and updated Safety Element and the updated Hazard Mitigation Plan. In addition, the City would comply with the Hazard Mitigation Grant Program (HMGP) to mitigate any disasters that could occur if the city were affected by wildfires or brushfires. All applicable regulations, policies, and review processes related to fire prevention and fire protection would continue to apply to future development carried out after adoption of the project. Therefore, the project would not result in any wildfire-related impacts.

NO IMPACT
Environmental Checklist
Mandatory Findings of Significance
Draft Initial Study –Negative Declaration 93
21 Mandatory Findings of Significance
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Does the project:
a. Have the potential to substantially
degrade the quality of the environment,
substantially reduce the habitat of a fish
or wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, substantially reduce
the number or restrict the range of a rare
or endangered plant or animal or
eliminate important examples of the
major periods of California history or
prehistory? □ □ □ ■
b. Have impacts that are individually
limited, but cumulatively considerable?
(“Cumulatively considerable” means that
the incremental effects of a project are
considerable when viewed in connection
with the effects of past projects, the
effects of other current projects, and the
effects of probable future projects)? □ □ □ ■
c. Have environmental effects which will
cause substantial adverse effects on
human beings, either directly or
indirectly? □ □ □ ■
a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? The Housing Element Update, in and of itself, does not propose specific projects. Rather, it sets forth goals and policies that to encourage new housing development in Montebello consistent with the current RHNA cycle. Because it is a policy document, the Housing Element Update would not substantially degrade the quality of the environment. Adopting the Housing Element Update would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species. In addition, the Housing City of Montebello
Housing Element
94 Element Update would not have a substantial adverse effect on any riparian habitat or sensitive natural community.

Through the City’s development review and, when applicable, environmental review processes, future development projects would be evaluated for potential direct and indirect impacts on biological and cultural resources. Therefore, the Housing Element Update would not substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory.

NO IMPACT
b. Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? The Housing Element Update, in and of itself, does not propose specific projects. Rather, it sets forth goals and policies to encourage new housing development in Montebello consistent with the current RHNA cycle. Because it is a policy document, the Housing Element Update would not result in impacts that are individually limited, but cumulatively considerable. In addition, through the City’s development review and, when applicable, environmental review processes, future development projects would be evaluated for potential cumulative impacts and for consistency with all applicable policies of the City’s General Plan, Zoning Ordinance, and Municipal Code. Through this development review process, potential cumulative impacts to various natural and human-made resources would be evaluated. Therefore, the Housing Element Update would not have impacts that are individually limited, but cumulatively considerable.

NO IMPACT
c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
The Housing Element Update, in and of itself, does not propose specific projects. Rather, it sets forth goals and policies to encourage new housing development in Montebello consistent with the current RHNA cycle. Because it is a policy document, the Housing Element Update would not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. Through the City’s development review and, when applicable, environmental review processes, future residential development projects would be evaluated for potential direct and indirect impacts on human beings. Therefore, the Housing Element Update would not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly.

NO IMPACT
References
Draft Initial Study –Negative Declaration 95
References
Bibliography
California Energy Commission. https://www.energy.ca.gov/ (Accessed November 2021) California Energy Commission . (2020). California Clean Energy Almanac 2020. https://www.energy.ca.gov/sites/default/files/2021-02/2020%20-%20CEC%20- %20CCEA%2002.04.21%20ADA.pdf. (Accessed November 2021)
California Energy Commission. Electricity Consumption by Planning Area https://ecdms.energy.ca.gov/elecbyplan.aspx (Accessed November 2021) California Energy Commission. Electricity Consumption by County. https://ecdms.energy.ca.gov/elecbycounty.aspx. (Accessed November 2021) California Energy Commission. 2019 Total System Electric Generation. California Energy Commission. https://www.energy.ca.gov/data-reports/energy-almanac/california-electricity-data/2020- total-system-electric-generation/2019. (Accessed November 2021) California Legislative Information website. AB-1191 Quimby Act: fees. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AB1191.

Accessed December 2021.

California Native American Heritage Commission. (n.d.). Retrieved from http://nahc.ca.gov/ (Accessed November 2021)
Department of Community Development. (2020, April 8). City of Montebello 2016-2021 Housing Element Update. Montebello. https://planmontebello.com/wpcontent/uploads/2020/09/Montebello-2016-2021-Housing-Element-Update.pdf (Accessed November 2021)
Department of Regional Planning, Los Angeles County. 2015. Significant Ecological Areas and Coastal Resource Areas Policy Map. [map]. Tabular digital data and vector digital data. Department of Regional Planning. Los Angeles, CA.
https://planning.lacounty.gov/assets/upl/project/gp_2035_2014-FIG_9- 3_significant_ecological_areas.pdf (Accessed November 2021).

Environment, Planning, Development Solutions Inc. (2020, September 22). Jacmar Residential Montebello Air Quality, Energy, and Greenhouse Gas Impact Analysis. https://www.cityofmontebello.com/images/planning-communitydevelopment/ceqa/301Jacmar_PC-2020-0018-GPA-ZC-PDDPMP_Appendix%20A%20Air%20Quality,%20Energy,%20an....pdf. (Accessed November 2021)
Environment, Planning, Development Solutions Inc. (2020). Initial Study of Environmental Impacts Environmental Checklist Form. Montebello; City of Montebello. https://www.cityofmontebello.com/images/planning-communitydevelopment/ceqa/301Jacmar_PC-2020-0018-GPA-ZC-PDD-PMP_InitialStudyReport.pdf. (Accessed November 2021)
City of Montebello
Housing Element
96 Indian Health Service. The Federal Health Program for American Indians and Alaska Natives Search IHS. List of federally-recognized tribes in CA. (2019, February 1). https://www.ihs.gov/california/index.cfm/tribal-consultation/resources-for-triballeaders/links-and-resources/list-of-federally-recognized-tribes-in-ca/?mobileFormat=0 (Accessed November 2021)
Metropolitan Water District of Southern California. (2021, June). 2020 Urban Water Management Plan. https://www.mwdh2o.com/media/21641/2020-urban-water-management-plan-june2021.pdf. (Accessed November 2021) Montebello, City of. Montebello General Plan Update. https://planmontebello.com/plan/ (Accessed November 2021)
Montebello, City of. (1975, October 27). Safety Element. https://www.cityofmontebello.com/images/Planning%20%20and%20Community%20Devel opment/General%20Plan/Safety%20Element.pdf (Accessed November 2021) Montebello, City of. (2021, May). City Of Montebello Parks Master Plan. Montebello. https://www.cityofmontebello.com/culture-recreation-commission/2021-2/673-parks-andrecreation-commission-agenda-6-24-21/file.html (Accessed November 2021) Montebello, City of. (2017). 2017 Housing Element Update Environmental Checklist. Montebello. https://www.cityofmontebello.com/images/Planning%20%20and%20Community%20Devel opment/Housing%20Element%20Updates/Housing_Element_CEQA_IS_ND.pdf. (Accessed November 2021)
Montebello, City of. (2020). Initial Study of Environmental Impacts Environmental Checklist Form.

Montebello. https://www.cityofmontebello.com/images/planning-communitydevelopment/ceqa/121%20E%20Madison%20Ave_CUP%2008- 20_Proposed%20Mitigated%20Negative%20Declaration.pdf. (Accessed November 2021) Montebello, City of. (2020, October). Initial Study of Environmental Impacts Environmental Checklist Form. Montebello. Montebello. https://www.cityofmontebello.com/images/planningcommunity-development/ceqa/1701%20Gage_CUP%2002-94- M1_Initial%20Study%20ND.pdf. (Accessed November 2020)
Montebello, City of. Water Services. City of Montebello. https://www.cityofmontebello.com/waterservices.html (Accessed November 2021) Montebello, City of. Solid Waste Haulers. City of Montebello. https://www.cityofmontebello.com/solid-waste-haulers.html. (Accessed November 2021) Montebello, City of. (2017, January 15). General Plan Safety Element. Montebello. https://www.cityofmontebello.com/images/Planning%20%20and%20Community%20Devel opment/Safety%20Element/Safety%20Element%20%20(01-15-2017).pdf. (Accessed November 2021)
Montebello, City of. (2017, January). Hazards Mitigation Plan. Montebello. https://www.cityofmontebello.com/images/Planning%20%20and%20Community%20Devel opment/Mitigation%20Plan/Hazard%20Mitigation%20Plan%20(01-19-2017).pdf. (Accessed November 2021)
References
Draft Initial Study –Negative Declaration 97
Montebello, City of. 1993 “Municipal Code.” Las modified April 28,2021. https://library.municode.com/ca/montebello/codes/code_of_ordinances?nodeId=MONTEB ELLO_MUNICIPAL_CODE_1993 (Accessed November 2021)
Montebello, City of. Montebello History. City of Montebello. https://www.cityofmontebello.com/about-montebello/montebello-history.html. (Accessed November 2021)
Montebello, City of. (1975, May 27). Noise Element. Montebello. https://www.cityofmontebello.com/images/Planning%20%20and%20Community%20Devel opment/General%20Plan/Noise%20Element.pdf. (Accessed November 2021) Montebello, City of. (1973, June 26). Circulation Element. Montebello. https://www.cityofmontebello.com/images/Planning%20%20and%20Community%20Devel opment/General%20Plan/Circulation%20Element.pdf. (Accessed November 2021) Montebello, City of. (1973, June 26). Open Space Element. Montebello. https://www.cityofmontebello.com/images/Planning%20%20and%20Community%20Devel opment/General%20Plan/Open%20Space%20Element.pdf. (Accessed November 2021) Montebello, City of. (2015, June). Montebello Hills Specific Plan Final Environmental Report.

Montebello. https://www.cityofmontebello.com/images/planning-communitydevelopment/montebello-hills-1/Res%2015-32%20- %20Montebello%20Hills%20EIR%20(Mitigation%20Monitoring).pdf. (Accessed November 2021)
Montebello, City of. 2020. City of Montebello 2016-2021 Housing Element Update. Montebello CA.

April 8,2020
Montebello, City of. 2021. City of Montebello 2021-2029 Housing Element Update. Montebello CA.

September 30,2021
Montebello, City of. 2021. Land Use [map]. Tabular digital data and vector digital data. Southern California Association of Governments. Los Angeles, CA
Montebello, City of. 2021. Zoning Map [map]. Tabular digital data and vector digital data. Los Angeles County Assessor. Los Angeles, CA.
https://www.cityofmontebello.com/images/Planning%20%20and%20Community%20Devel opment/Zoning%20Map/FinalOfficialZoningMapOct2016.36x48.pdf (Accessed November 2021)
Montebello, City of. 2014. City of Montebello 2014-2021Housing Element Update. Montebello CA.

January 16, 2014
Montebello, City of. 2019. Profile of the City of Montebello, Local Profiles Report 2019. Los Angeles, CA. May 2019. https://planmontebello.com/wp-content/uploads/2020/09/MontebelloSCAG-Profiles-Report-2019.pdf Montebello Historical Society. MHS | History. (n.d.).
https://montebellohistoricalsociety.org/history/. (Accessed November 2021) Montebello Land and Water Company. (2021, June). Montebello Urban Water Management Plan.

Montebello. https://www.mtblw.com/MLWC%202020%20UWMP%20Final%20Draft.pdf. (Accessed 2021)
City of Montebello
Housing Element
98 Montebello Police Department. About the Montebello Police Department. https://montebellopd.org/about (Accessed November 2021) Montebello Unified School District. Our schools.
https://www.montebello.k12.ca.us/apps/pages/index.jsp?uREC_ID=2209015&type=d&pRE C_ID=2194651 (Accessed November 2021)
South Coast Air Basin. (2020, November). Draft Final South Coast Air Basin Attainment Plan for 2006 24-Hour PM2.5 Standard. http://www.aqmd.gov/docs/default-source/clean-air-plans/airquality-management-plans/2022-air-quality-management-plan/draft-final-south-coast-airbasin-pm2-5-plan-110320.pdf?sfvrsn=6. (Accessed November 2021) South Coast Air Quality Management District(AQMD).1999 Map of Jurisdiction[map], Diamond Bar, CA. http://www.aqmd.gov/docs/default-source/default-document-library/map-ofjurisdiction.pdf (Accessed November 2021) South Coast Air Quality Management District (AQMD). (2017, March). Air Quality Management Plan. https://www.aqmd.gov/docs/default-source/clean-air-plans/air-quality-managementplans/2016-air-quality-management-plan/final-2016-aqmp/final2016aqmp.pdf?sfvrsn=15 (Accessed November 2021)
Southern California Association of Governments (SCAG). (2016, April). The 2016-2040 Regional Transportation Plan / Sustainable Communities Strategy. Los Angeles, CA. https://scag.ca.gov/sites/main/files/file-attachments/f2016rtpscs.pdf?1606005557 (Accessed November 2021)
Southern California Association of Governments (SCAG). (2020, September 3). Demographics and Growth Forecast Technical Report. Los Angeles, CA. https://scag.ca.gov/sites/main/files/fileattachments/0903fconnectsocal_demographics-and-growth-forecast.pdf?1606001579 (Accessed November 2021)
Southern California Association of Governments (). (n.d.). The 2020-2045 Regional Transportation Plan / Sustainable Communities Strategy of the Southern California Association of Governments. Los Angeles, CA.
https://www.fhbp.org/PDFs/Resources/Resources/Regional/SCAG-Proposed-FinalConnectSoCal-2020.pdf (Accessed November 2021) Southern California Association of Governments. (2021, April). Pre-Certified Local Housing Data- For the City of Montebello. Montebello, CA. https://scag.ca.gov/sites/main/files/fileattachments/montebello-he-0421.pdf?1620775765. (Accessed November 2021) Southern California Gas Company. California Gas Report. SoCal Gas. https://www.socalgas.com/regulatory/cgr. (Accessed November 2021) State of California Department of Finance (DOF). California, S. of. (2021, May 7). E-1 population estimates for cities, counties, and the state – January 1, 2020 and 2021. https://www.dof.ca.gov/forecasting/demographics/estimates/e-1/ (Accessed November 2021)
State of California Department of Conservation. Mineral Lands Classification. [map]. Tabular digital data and vector digital data. State of California. CA.
https://maps.conservation.ca.gov/cgs/informationwarehouse/index.html?map=mlc (Accessed November 2021).

References
Draft Initial Study –Negative Declaration 99
State of California Department of Conservation. Regulatory Maps. [map]. Tabular digital data and vector digital data. State of California. CA.
https://maps.conservation.ca.gov/cgs/informationwarehouse/index.html?map=mlc (Accessed November 2021).

List of Preparers
Rincon Consultants, Inc. prepared this IS-ND under contract to the City of Montebello Persons involved in data gathering analysis, project management, and quality control are listed below.

RINCON CONSULTANTS, INC.

Matt Maddox, AICP, Principal
Greg Martin, AICP, Senior Planner/Project Manager
Adriana Romero Velasquez, Associate Planner
City of Montebello
Housing Element
100
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CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: René Bobadilla, City Manager
BY: Michael A. Solorza, Director of Finance
SUBJECT: Adopt Resolution No. 22-51, Public Hearing Establishing the Residential Solid Waste Collection and Recycling Charges Annual Rate Adjustment
DATE: June 22, 2022
RECOMMENDATIONS:

It is recommended that the City Council take the following actions:
1) Conduct a Public Hearing and consider adopting the attached Resolution No. 22- 51 establishing the updated residential solid waste collection and recycling rate for Fiscal Year 2022-23 (Attachment A) per the 2020 settlement agreement between Arakelian Enterprises (dba Athens Services) and the City of Montebello; and 2) Direct staff to forward the Resolution to the Los Angeles County Auditor-Controller to place the revised charges on the property tax rolls.

FISCAL IMPACTS
Pursuant to the terms of Agreement No. 3740 between the City and Arakelian Enterprises (dba Athens Services), monthly rates for residential waste collection and recycling are subject to an annual adjustment based upon the Consumer Price Index (CPI) for the Los Angeles County Area. An analysis of the CPI was recently conducted comparing the index for April 2021 and April 2022. The study found that the index had increased by 7.87 percent.

Staff recommends reviewing the proposed rate increase and approving a new residential rate of $30.28 per month. If approved by the City Council, the new rate would be effective July 1, 2022.

ITEM #_18___
CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 22, 2022
Adopt Resolution No. 22-51, Public Hearing Establishing the Residential Solid Waste Collection and Recycling Charges Annual Rate Adjustment

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BACKGROUND
Since 1962, Athens has provided residential curbside solid waste collection/disposal services in the City. In 2008, the City Council approved an agreement with Athens to provide exclusive waste collection/disposal services within the City for both residential and commercial services. Elements of this action led to numerous lawsuits between the City and Athens that would eventually be resolved under the terms and conditions of a Settlement Agreement approved on February 10, 2020 (Agreement No. 3740). Terms of the settlement authorized Athens to annually adjust rates for residential waste collection and recycling pick-up services based upon CPI. For more than a decade residential refuse rates had remained unchanged.

In May 2022, the City received a letter from Athens formally requesting a rate increase of

7.87 percent (See Attachment B). If this rate increase is approved, the new rate will be $30.28 per customer per month.

As part of the review and approval process for the rate increase, the City must conduct a public hearing to review the request and receive input from the public. If approved, notice regarding the rate increase will be forwarded to the Los Angeles County AuditorController to be placed on property tax bills effective July 1, 2022.

As required by law, Notices of Public Hearing were published and posted (Attachment C).

SUMMARY
In May 2022, Athens Services submitted correspondence to the City requesting a rate increase for local residential waste collection/disposal and recycling pick-up services (Attachment B). Under the terms of the February, 2020 Settlement Agreement between the City and Athens Services, the proposed rate adjustment occurs annually based upon local CPI. If approved, the monthly service rate will increase to $30.28 per customer, per month effective July 1, 2022.

It should be noted that the February 10, 2020 City Council approved settlement agreement requires the annual CPI adjustment. This settlement agreement (Agreement No. 3740) ended more than a decade of legal action and prevented a significant judgment against the City.

ATTACHMENTS:

A. Attachment A – Resolution No. 22-51
B. Attachment B – Letter – Athens Services – Annual Rate Adjustment C. Attachment C – Public Hearing Notice

ATTACHMENT A
RESOLUTION NO. 22-51

A RESOLUTION OF THE CITY OF MONTEBELLO APPROVING A RATE

ADJUSTMENT FOR ATHENS SERVICES FOR THE COLLECTION OF
RESIDENTIAL WASTE FOR FISCAL YEAR 2022-23 AND FUTURE

ADJUSTMENTS CONSISTENT WITH THE SETTLEMENT AGREEMENT
(AGREEMENT NO. 3740) BETWEEN THE CITY AND ATHENS

SERVICES

RECITALS
WHEREAS, the City of Montebello (“City”) contracts for residential waste hauling services with Arakelian Enterprises (dba “Athens Services”); and WHEREAS, since the approval of an Amended and Restated Agreement between the City and Athens referred to as Agreement 668 (“Agreement 668”) in 2008, disputes arose and were litigated between the parties which were resolved by the terms of a Settlement Agreement identified as Agreement No. 3740, approved by the City Council on February 10, 2020; and
WHEREAS, pursuant to the terms of Agreement No. 3740, Athens is entitled to an annual adjustment to the monthly rates to be charged by Athens to residential customers for waste collection services; and
WHEREAS, the City Council by approving this resolution intends to confirm Athens’ residential rates for the period of July 1, 2022 through June 30, 2023 and to also confirm adjustment to rates for subsequent years based upon the Consumer Price Index formula consistent with and as set forth in Agreement No. 3740.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

SECTION 1: That pursuant to Agreement No. 3740, the City Council is to review and consider the request submitted by Athens for an annual rate adjustment for monthly waste service charges for residential customers. On May 11, 2022, Athens submitted a request for approval for a rate adjustment for the period of July 1, 2022 through June 30, 2023 (Fiscal Year 2022-23) consistent with the terms of the Settlement Agreement No. 3740.

SECTION 2: The City Council ratifies the residential solid waste collection fee to be charged by Athens on a monthly basis for each residential customer at the amount of $30.28 per customer per month. The City Council further confirms the formula for annual rate adjustments for subsequent fiscal years for each residential customer based upon the Consumer Price Index formula consistent with and as set forth in Agreement No. 3740.

SECTION 3: That the City Clerk shall certify to the passage and adoption of this resolution and enter into the book of original Resolutions.

RESOLUTION NO. 22-51

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SECTION 4: The City Council authorizes the City Clerk to forward this resolution to the Los Angeles County Auditor-Controller for processing this rate adjustment and to be placed upon the tax collection rolls for residential waste customers within the City of Montebello.

APPROVED AND ADOPTED this 22nd day of June, 2022.
_______________________________
Kimberly A. Cobos-Cawthorne, Mayor
ATTEST: APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22-51 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 22nd day of June 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez, City Clerk
P.O. Box 60009, City of Industry, CA 91716
(888) 336-6100
May 11, 2022
Rene Bobadilla
City Manager
City of Montebello
1600 W. Beverly Blvd
Montebello, CA 90640
Re: Annual Rate Adjustment
Dear Mr. Bobadilla:

In accordance with the Settlement Agreement between Arakelian Enterprises Inc. (“AEI”) dba Athens Services executed February 10, 2020 and pursuant to Section 4 of that Agreement, please accept this letter as Athens Services’ request to adjust the rates that Athens Services is to be paid for the services provided under Agreement 668.

The CPI for All Urban Consumers for Los Angeles was 285.808 in April 2021 and it increased to 308.302 in April 2022, for a change of 22.494 (see attached CPI schedule). Dividing the 22.494 change by the April 2021 index value results in a 7.87% change. This 7.87% increase applied to the $28.07 stipulated rate effective July 2022 yields a final rate of $30.28 per customer per month (see attached rate calculation).

Athens Services requests that its rate of compensation be adjusted to $30.28 per customer per month.

Please handle the administrative processing of this request to make the rates effective July 1, 2022 and call me at (626) 934-4619 if you have any questions.

Sincerely,
Gary Clifford
Executive Vice President
Enclosure
Cc: David Collins, Division Vice President
Juan Rodriguez, Senior VP of Operational Support
Cesar Zarate, Director of Finance, Athens Services
Wendy Bruget, Director of Government Affairs, Athens Services

ATTACHMENT B
Date Amount Notes
Apr 2021 285.808 Consumer Price Index - All Urban Consumers, LA Apr 2022 308.302 Consumer Price Index - All Urban Consumers, LA

7.87% CPI increase percent
$ 28.07 Current rate per customer per month

7.87% CPI increase percent
$ 2.21 CPI increase Amount
$ 30.28 New rate per customer per month
Notes: Increase in compensation to be effective on the July 2022 invoice.

CITY OF MONTEBELLO

CALCULATION OF RESIDENTIAL RATE
Effective July 1, 2022 - June 30, 2023
Service Net Rate
30,60,90 gallon additonal cart $ 2.15
Residential Go-Back or Dead-Run $ 21.57
Bulky Item Pick Up or Dead-Run $ 26.97
Additional Bulky Item pick up $ 16.18
Roll-Out Service $ 19.42
Declined Payment Fee (any reason) $ 26.97
Late Fee $5.39 min or 1.5%

CITY OF MONTEBELLO
Ancillary Service Rate
Effective July 1, 2022 - June 30, 2023
Series Id:

Series
Title:

Area:

Item:

Base
Period:

Years:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2012 233.441 234.537 236.941 236.866 237.032 236.025 235.776 237.222 238.104 240.111 237.675 236.042 236.648 2013 238.015 239.753 239.995 239.043 239.346 239.223 238.920 239.219 239.611 239.940 238.677 238.742 239.207 2014 239.857 241.059 242.491 242.437 243.362 243.528 243.727 243.556 243.623 243.341 241.753 240.475 242.434 2015 239.724 241.297 243.738 243.569 246.093 245.459 247.066 246.328 245.431 245.812 245.711 245.357 244.632 2016 247.155 247.113 247.873 248.368 249.554 249.789 249.784 249.700 250.145 251.098 250.185 250.189 249.246 2017 252.373 253.815 254.525 254.971 255.674 255.275 256.023 256.739 257.890 258.883 259.135 259.220 256.210 2018 261.235 263.012 264.158 265.095 266.148 265.522 266.007 266.665 268.032 269.482 268.560 267.631 265.962 2019 269.468 269.608 271.311 273.945 274.479 274.380 274.682 274.579 276.054 278.075 277.239 275.553 274.114 2020 277.755 278.657 276.589 275.853 276.842 278.121 279.899 280.116 279.366 279.947 280.102 279.560 278.567 2021 280.178 281.347 282.648 285.808 287.620 289.218 290.890 291.333 292.209 294.961 296.790 297.925 2022 301.209 302.164 306.679 308.302
308.302 CPI - CY
-285.808 CPI - PY

22.494 CPI - Change #
285.808 CPI - PY

7.87% CPI - Change %
All items in Los Angeles-Long Beach-Anaheim, CA, all
urban consumers, not seasonally adjusted
Los Angeles-Long Beach-Anaheim, CA
All items
1982-84=100
2012 to 2022
CPI for All Urban Consumers (CPI-U)
Original Data Value
CUURS49ASA0
Not Seasonally Adjusted
This space for filing stamp only
OR#:

O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841

PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of Orange ) ss
Notice Type:

Ad Description:

I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:

Executed on: 10/10/2004
At Los Angeles, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Signature

MONTEBELLO NEWS
3731 WILSHIRE BLVD STE 840, LOS ANGELES, CA 90010
(323) 556-5720 (213) 835-0584
EWA 3593748

KIMBERLY GUILLEN

CITY OF MONTEBELLO/CITY CLERK (LEAD)
1600 W. BEVERLY BLVD
MONTEBELLO, CA - 90640

HRG - NOTICE OF HEARING
Notice of Public Hearing - Refuse Rate Assesment
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the MONTEBELLO NEWS, a newspaper published in the English language in the city of MONTEBELLO, county of LOS ANGELES, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of LOS ANGELES, State of California, under date 03/13/1934, Case No. 369441. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
06/09/2022
06/09/2022

LOS ANGELES
!A000006041529!
Email

CITY OF MONTEBELLO

PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN that the City Council
of the City of Montebello will hold a Public
Hearing in the Council Chamber of the
Montebello City Hall, 1600 West Beverly
Boulevard, Montebello, California, on
Wednesday June 22, 2022, at 6:00 p.m., or as
soon as possible thereafter as the matter can be
heard, to consider the following:

A revised and updated City residential refuse
collection and curbside recycling program
collection rate (collectively the “Rate”). The City
will consider the adjustment of the Rate as
follows as requested by franchisee and
authorized by the Residential Waste Collection
Agreement:
-Beginning on July 1, 2022, the monthly Rate for
services provided under Agreement 668 between
the City and AEI shall be $30.28 per residential
customer.
-Beginning on July 1, 2023 and on July 1 of each
subsequent year until the Termination Date of
Agreement 668, the Rate for services shall be
adjusted in accordance with the then-latest
available Consumer Price Index, as more
specifically permitted pursuant to the formula set
forth in Section 19 of Agreement 668, as
amended.

For those interested making public comments,
you may address the City Council in person
during the public comment period or public
testimony period for public hearings by attending
the Montebello Council Chambers at 1600 W.

Beverly Blvd., Montebello, California on
Wednesday, June 22, 2022 at 6:00 p.m. In
addition, the City has created an email address
[email protected] where
the public can submit written public comments no
later than Wednesday June 22, 2022 at 3:00
p.m. These comments may not be read aloud but will be entered into the record and submitted to all members of the City Council. The email address
for City Council meetings can be located on the
City's webpage under the City Clerk tab,
https://www.cityofmontebello.com/department/ad
ministration/city-clerk-s-office.html. If you challenge the rate adjustment in court, you may be limited to raising only those issues you or
someone else raised at the public hearing
described in this notice, or in written
correspondence delivered to the City Council, at,
or prior to, the public hearing.

The proposed resolution and other material are
available by contacting the City Clerk's Office at
323-887-1359.

Alicia Fernandez,
Deputy City Clerk
Dated: June 9, 2022
Date posted: June 9, 2022
Date published: June 9, 2022
6/9/22
EWA-3593748#

MONTEBELLO NEWS

ATTACHMENT C

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Paul Espinosa, Chief of Police
Lt. Stephen Sharpe, Montebello Police Department
SUBJECT: Approve Assembly Bill (AB) 481 – Military Use Policy Approval (“Policy”)
DATE: June 22, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Approve the attached Military Use Policy and provide direction to the Montebello Police Department (“MPD”) to introduce, after the Policy has been posted on the MPD’s website for at least thirty (30) days, an Ordinance to adopt the Policy; and 2) Take such additional, related, action that may be desirable.

FISCAL IMPACT
None.

BACKGROUND
Assembly Bill 481 (“AB 481”) codified in Government Code sections 7070 through 7075, requires a law enforcement agency (“LEA”) to obtain approval from the applicable governing body, via adoption of a Military Equipment Use Policy (the “Policy”) by ordinance (the “Ordinance”), prior to the LEA funding, acquiring, or using military equipment. The Montebello Police Department (“MPD”) seeks City Council approval of the attached Military Equipment Use Policy – Policy 707 (Exhibit “A”), in order to comply with AB 481.

ITEM #___19_
CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 22, 2022
Approve Assembly Bill (AB) 481 – Military Use Policy Approval (“Policy”)

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Montebello City CouncilJune 22, 2022

Montebello City Council
June 22, 2022