FINAL
Mitigation Monitoring Program
for the
2021-2029 Signal Hill Housing Element
SCH No. 2021050296
PREPARED FOR:
City of Signal Hill
Community Development Department
2175 Cherry Avenue
Signal Hill, CA 90755
PREPARED BY:
LOS ANGELES
706 S. Hill Street, 11th Floor
Los Angeles, CA 90014
WESTLAKE VILLAGE
920 Hampshire Road, Suite A5
Westlake Village, CA 91361
May 2022
Exhibit D
City of Signal Hill 2 Final EIR
2021-2029 Housing Element May 2022
6.0 MITIGATION MONITORING PROGRAM
This Mitigation Monitoring Program (MMP) has been prepared in compliance with the requirements of CEQA, Public Resources Code Section 21081.6, and Section 15097 of the CEQA Guidelines. Section 21081.6 of the Public Resources Code requires a Lead Agency to adopt a “reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment”. Section 15097 of the CEQA Guidelines describes additional criteria for an MMP.
The Draft EIR identified the following areas of potential impact for which mitigation measures have been identified: subsurface paleontological resources, subsurface tribal cultural resources; hazards from subsurface hydrocarbons; and construction noise.
The MMP is subject to approval by the City of Signal Hill as part of the approval process of the Project.
The Project shall be implemented in substantial conformance with the mitigation measures contained in this MMP. No changes will be permitted unless the MMP continues to satisfy the requirements of CEQA, as determined by the Lead Agency.
As shown on the following pages, each required mitigation measure for the Project is listed with accompanying listing of: Implementation Action, Responsible Party, Monitoring, and Implementation.
6.0 Mitigation Monitoring Program
City of Signal Hill 3 Final EIR
2021-2029 Housing Element May 2022
Signal Hill 2021-2029 Housing Element Mitigation Monitoring Program Mitigation Measure
Mitigation Monitoring Verification of Compliance
Implementation
Period
Responsible
Party
Enforcing
Agency
Comments Date/
Initials
Geologic (Paleontological) Resources
MM GEO-1: If paleontological resources are uncovered during construction activities, all ground-disturbing activities in the area of the find shall cease until a qualified paleontologist has evaluated the find and identified the appropriate course of action in accordance with federal, state, and local regulations. The qualified paleontologist shall prepare a report according to current professional standards. The report shall be submitted to the City for review and approval. Project activities shall not proceed until the analysis and treatment of on-site paleontological resources has been approved by the City. Scheduling of construction-related deliveries, haul trips, etc., so as to occur outside the commuter peak hours to the extent feasible.
Construction
monitoring by
Applicant
Applicant(s) of
Housing Site
Development
City of Signal Hill
Community
Development
Department,
Division of
Building Safety
Hazards and Hazardous Materials
MM HAZ-1
Prepare a Soil Management Plan Prior to Commencement of Ground Disturbing Activities
A soil management plan should be prepared prior to any soil disturbance activities to be conducted onsite. This soil management plan should provide instructions for the contractor to implement in the event discolored or odiferous soils are discovered during any grading operations. A South Coast Air Quality Management District (SCAQMD) Rule 1166 Permit and Compliance Plan should be obtained from the SCAQMD due to the presence of volatiles prior to the start of soil disturbance operations.
Development
Plan Review
Applicant(s) of
Housing Site
Development
City of Signal Hill
Community
Development
Department,
Division of
Building Safety
And
SCAQMD
MM HAZ-2
Daylight Abandoned Oil Wells
Previously abandoned oil wells should be located, daylighted and methane gas leak tested prior to the installation of vent cones and vent risers pursuant to the City of Signal Hill’s Oil and Gas Code §16.24.030 and §16.24.040. As the act of daylighting oil wells involves soil disturbance, monitoring for volatile organic compounds will be required under the R1166 permit/compliance plan. The R1166 permit limits the release of volatiles in soils to 50 parts per million by volume (ppmv) or less, however some volatiles will be released into the ambient atmosphere during these activities, decreasing the residual concentrations previously detected in site soils and soil vapor. Although designed to capture and vent methane to the atmosphere, other volatile organic compounds in the subsurface (both in the soil matrix and soil vapor) also will be captured and vented by this system.
Construction Applicant(s) of
Housing Site
Development
City of Signal Hill
Community
Development
Department,
Division of
Building Safety
6.0 Mitigation Monitoring Program
City of Signal Hill 4 Final EIR
2021-2029 Housing Element May 2022
Mitigation Measure
Mitigation Monitoring Verification of Compliance
Implementation
Period
Responsible
Party
Enforcing
Agency
Comments Date/
Initials
MM HAZ-3
Daylight Idle Oil Wells
Idle wells should be located, daylighted and abandoned in accordance with the State of California Department of Conservation, Geologic Energy Management Division (CalGEM) requirements and in accordance with the City of Signal Hill’s Oil and Gas Code §16.22 and §16.24, and under the R1166 permit/compliance plan requirements.
Construction Applicant(s) of
Housing Site
Development
City of Signal Hill
Community
Development
Department,
Division of
Building Safety
MM HAZ-4
Daylight Abandoned Pipelines
Abandoned pipelines should be located, daylighted and removed in accordance with the Soil Management Plan and R1166 permit/compliance plan.
Construction Applicant(s) of
Housing Site
Development
City of Signal Hill
Community
Development
Department,
Division of
Building Safety
MM HAZ-5
Install Methane Mitigation Systems Subslab of Proposed Buildings Institutional controls, i.e., a methane mitigation system to be installed subslab of any proposed buildings, pursuant to the City of Signal Hill’s Oil and Gas Code §16.24.080 will effectively mitigate risks and hazards due to vapor intrusion to negligible conditions ensuring the site is safe for any future intended use including as a residential property. A redeveloped property precludes exposure to site soils by future residential occupants. Methane mitigation subslab of proposed buildings is recommended based on the Methane Assessments. The methane mitigation system should consist of a subslab impervious membrane placed inbetween geotextile or geocloth to protect it from sand above and the 4” thick gravel blanket below in conformance with the City of Signal Hill Oil and Gas Code §16.24.080 and City of Signal Hill Project Development Guide (June 2020). Perforated horizontal vent pipes should be placed in the 4” thick gravel blanket and tied into vertical vent risers (typically cast iron) placed inbetween the interior and exterior walls, less than 100- feet apart, extending a minimum of 3-feet above the roof line and should not terminate less than 10 feet from any opening (City of Signal Hill June 2020).
Construction Applicant(s) of
Housing Site
Development
City of Signal Hill
Community
Development
Department,
Division of
Building Safety
6.0 Mitigation Monitoring Program
City of Signal Hill 5 Final EIR
2021-2029 Housing Element May 2022
Mitigation Measure
Mitigation Monitoring Verification of Compliance
Implementation
Period
Responsible
Party
Enforcing
Agency
Comments Date/
Initials
MM HAZ-6
Include Vents in Impervious Pavement if Area is 5,000 Square Feet or Greater and Contiguous to Buildings
If an impervious surface paving area is 5,000 square feet or greater and contiguous to the proposed buildings, the paving should have vents spaced less than 100-ft apart consisting of four sided concrete boxes with traffic rated grates and 4” thick gravel blanket at the base. The vents should be designed to prevent surface water infiltration.
Construction Applicant(s) of
Housing Site
Development
City of Signal Hill
Community
Development
Department,
Division of
Building Safety
Noise
MM N-1 Construction Noise
In the event construction noise levels increase to or within the “generally unacceptable” or “land use discouraged” land use compatibility for residential uses, the Applicant must utilize, without limitation, the following construction best management practices:
• Shroud or shield all impact tools, and muffle or shield all intake and exhaust port on power equipment to reduce construction noise by 10 dB or more. • If feasible, schedule grading activities so as to avoid operating numerous pieces of heavy-duty off-road construction equipment (e.g., backhoes, dozers, excavators, loaders, or rollers) simultaneously in close proximity to the boundary of properties of off-site noise sensitive receptors surrounding a Housing Site to reduce construction noise levels by approximately 5 to 10 dBA.
• Where feasible, temporary barriers including, without limitation, sound blankets on existing fences and walls, or freestanding portable sound walls, must be placed as close to the noise source or as close to the receptor as possible and break the line of sight between the source and receptor where modeled levels exceed applicable standards.
Construction Applicant(s) of
Housing Site
Development
City of Signal Hill
Community
Development
Department,
Division of
Building Safety
6.0 Mitigation Monitoring Program
City of Signal Hill 6 Final EIR
2021-2029 Housing Element May 2022
Mitigation Measure
Mitigation Monitoring Verification of Compliance
Implementation
Period
Responsible
Party
Enforcing
Agency
Comments Date/
Initials
Tribal Cultural Resources
MM TCR-1. The project applicant/lead agency shall retain a Native American monitor from (or approved by) the Gabrieleño Band of Mission Indians – Kizh Nation (the “Kizh” or the “Tribe”) - the direct lineal descendants of the project location. The monitor shall be retained prior to the commencement of any “ground-disturbing activity” for the subject project, at all project locations (i.e., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). “Ground-disturbing activity” includes, but is not limited to, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.
A copy of the executed monitoring agreement shall be provided to the lead agency prior to the earlier of the commencement of any ground-disturbing activity for the project, or the issuance of any permit necessary to commence a ground-disturbing activity.
The project applicant/developer shall provide the Tribe with a minimum of 30 days advance written notice of the commencement of any project ground-disturbing activity so that the Tribe has sufficient time to secure and schedule a monitor for the project.
The project applicant/developer shall hold at least one (1) pre-construction sensitivity/educational meeting prior to the commencement of any ground-disturbing activities, where at a senior member of the Tribe will inform and educate the project’s construction and managerial crew and staff members (including any project subcontractors and consultants) about the TCR mitigation measures and compliance obligations, as well as places of significance located on the project site (if any), the appearance of potential TCRs, and other informational and operational guidance to aid in the project’s compliance with the TCR mitigation measures.
The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe.
Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon written request.
Native American monitoring for the project shall conclude upon the latter of the following: (1) written confirmation from a designated project point of contact to the Tribe that all ground-disturbing activities and all phases that may involve grounddisturbing activities on the project site and at any off-site project location are Prior to and
during any
grounddisturbing
construction
activities
Applicant(s) of
Housing Site
Development
City of Signal Hill
Community
Development
Department,
Division of
Building Safety
And
Gabrieleño Band
of Mission
Indians–Kizh
Nation
6.0 Mitigation Monitoring Program
City of Signal Hill 7 Final EIR
2021-2029 Housing Element May 2022
Mitigation Measure
Mitigation Monitoring Verification of Compliance
Implementation
Period
Responsible
Party
Enforcing
Agency
Comments Date/
Initials
complete; or (2) written notice by the Tribe to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase (known by the Tribe at that time) at the project site and at any off-site project location possesses the potential to impact TCRs.
MM TCR-2. Upon the discovery of a TCR, all construction activities in the immediate vicinity of the discovery (i.e., not less than the surrounding 50 feet) shall cease. The Tribe shall be immediately informed of the discovery, and a Kizh monitor and/or Kizh archaeologist will promptly report to the location of the discovery to evaluate the TCR and advise the project manager regarding the matter, protocol, and any mitigating requirements. No project construction activities shall resume in the surrounding 50 feet of the discovered TCR unless and until the Tribe has completed its assessment/evaluation/recovery of the discovered TCR and surveyed the surrounding area. The Tribe will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate in its sole discretion, and for any purpose the Tribe deems appropriate, including but not limited to, educational, cultural and/or historic purposes. If Native American human remains and/or grave goods are discovered or recognized on the project site or at any off-site project location, then all construction activities shall immediately cease. Native American “human remains” are defined to include “an inhumation or cremation, and in any state of decomposition or skeletal completeness.” (Pub. Res. Code § 5097.98 (d)(1).) Funerary objects, referred to as “associated grave goods,” shall be treated in the same manner and with the same dignity and respect as human remains. (Pub. Res. Code § 5097.98 (a), d)(1) and (2).) Any discoveries of human skeletal material or human remains shall be immediately reported to the County Coroner (Health & Safety Code § 7050.5(c); 14 Cal. Code Regs. § 15064.5(e)(1)(B)), and all ground-disturbing project ground-disturbing activities on site and in any other area where the presence of human remains and/or grave goods are suspected to be present, shall immediately halt and remain halted until the coroner has determined the nature of the remains. (14 Cal. Code Regs. § 15064.5(e).) If the coroner recognizes the human remains to be those of a Native American or has reason to believe they are Native American, he or she shall contact, within 24 hours, the Native American Heritage Commission, and Public Resources Code Section 5097.98 shall be followed. Thereafter, construction activities may resume in other parts of the project site at a minimum of 200 feet away from discovered human remains and/or grave goods, if the Tribe determines in its sole discretion that resuming construction activities at that distance is acceptable and provides the project manager express consent of that determination (along with any other mitigation measures the Tribal monitor and/or archaeologist deems necessary). (14 Cal. Code Regs. § 15064.5(f).)
6.0 Mitigation Monitoring Program
City of Signal Hill 8 Final EIR
2021-2029 Housing Element May 2022
Mitigation Measure
Mitigation Monitoring Verification of Compliance
Implementation
Period
Responsible
Party
Enforcing
Agency
Comments Date/
Initials
Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or grave goods. Any historic archaeological material that is not Native American in origin (non-TCRs) shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes.
MM TCR-3. Any discovery of human remains and/or grave goods discovered and/or recovered shall be kept confidential to prevent further disturbance.
As the Most Likely Descendant (“MLD”), the Koo-nas-gna Burial Policy shall be implemented for all discovered Native American human remains and/or grave goods.
Tribal Traditions include, but are not limited to, the preparation of the soil for burial, the burial of funerary objects and/or the deceased, and the ceremonial burning of human remains. If the discovery of human remains includes four (4) or more burials, the discovery location shall be treated as a cemetery and a separate treatment plan shall be created. The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact. Associated “grave goods” (aka, burial goods or funerary objects) are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later, as well as other items made exclusively for burial purposes or to contain human remains. Cremations will either be removed in bulk or by means necessary to ensure complete recovery of all sacred materials.
In the case where discovered human remains cannot be fully recovered (and documented) on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard should be posted outside of working hours. The Tribe will make every effort to divert the project while keeping the remains in situ and protected. If the project cannot be diverted, it may be determined that burials will be removed.
In the event preservation in place is not possible despite good faith efforts by the project applicant/developer and/or landowner, before ground-disturbing activities may resume on the project site, the landowner shall arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects. The site of reburial/repatriation shall be agreed upon by the Tribe and the landowner, and shall be protected in perpetuity.
Each occurrence of human remains and associated grave goods will be stored using opaque cloth bags. All human remains, grave goods, funerary objects, sacred objects and objects of cultural patrimony will be removed to a secure container on site if
6.0 Mitigation Monitoring Program
City of Signal Hill 9 Final EIR
2021-2029 Housing Element May 2022
Mitigation Measure
Mitigation Monitoring Verification of Compliance
Implementation
Period
Responsible
Party
Enforcing
Agency
Comments Date/
Initials
possible. These items will be retained and shall be reburied within six months of recovery.
The Tribe will work closely with the project’s qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If data recovery is approved by the Tribe, documentation shall be prepared and shall include (at a minimum) detailed descriptive notes and sketches. All data recovery data recovery-related forms of documentation shall be approved in advance by the Tribe. If any data recovery is performed, once complete, a final report shall be submitted to the Tribe and the NAHC.
The Tribe does NOT authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains.