Mitigation Monitoring and Reporting Program
EDCO Recycling and Transfer Facility February 2009
City of Signal Hill Page 3
1.3 Mitigation Monitoring Procedures
The City of Signal Hill Community Development Department is the designated lead agency for the EDCO Recycling and Transfer Facility project. The City is responsible for review of all monitoring reports, enforcement actions, and document disposition. The City will rely on information provided by the monitors as accurate and up-to-date and will field check mitigation measure status as required.
1.3.1 Coordination with Contractors
The construction manager/superintendent is responsible for coordination of contractors, and is also responsible for contractor completion of required measures in accordance with the provisions of this program.
1.3.2 Recognized Experts
The use of recognized experts as a component of the mitigation monitoring team is required to ensure compliance with scientific and engineering based mitigation measures. While the mitigation monitoring team assesses compliance with required mitigation measures, consultation with the City of Signal Hill planning staff shall take place in the event of a dispute.
1.3.3 Arbitration/Dispute Resolution
If the mitigation monitor has identified an action which, in the opinion of the monitor, has not been implemented or has not been implemented correctly, the problem will be brought to the attention of the City of Signal Hill Community Development Director for resolution. The City will have the authority to issue stop work orders until the dispute is resolved.
1.3.4 Enforcement
Agencies may enforce conditions of approval through their existing police power, using stop work orders, fines, infraction citations, loss of entitlements, refusal to issue building permits or certificates of use and occupancy or, in some cases, notice of violation for tax purposes. Criminal misdemeanor sanctions could be available where the agency has adopted an ordinance requiring compliance with the monitoring program, similar to the provision in many zoning ordinances which affirm the enforcement power to bring suit against violators of the ordinance provisions.
APPENDIX A
Mitigation Monitoring and Reporting Program Checklist
Appendix A
Mitigation Monitoring and Reporting Program Checklist
EDCO Recycling and Transfer Facility February 2009 City of Signal Hill Page A-1 Mitigation Monitoring and Reporting Program Checklist
No. Mitigation Measure
Implementation
Action
Monitoring
Party
Monitoring
Phase
Verification/
Approval
Party
Mitigation
Measure
Implemented?
(Y/N) & Date
Documentation
Location
(Monitoring
Record)
HAZARDS AND HAZARDOUS MATERIALS MM-3.6-1 A soil management plan shall be prepared to provide guidance to building contractors in the event discolored or odiferous soils are discovered during onsite excavation and grading activities.
The Applicant’s consulting environmental engineer will prepare a soil management plan.
Applicant and contractor(s)
Prior to Grading Permit issuance and during construction City of Signal Hill Building Department _________
City of Signal Hill Building Department
MM-3.6-2a If any previously unknown wells or pipelines are encountered at any time during grading activities, all work shall immediately cease until clearance is received from the City of Signal Hill.
The Applicant’s consulting environmental engineer will stop excavation and construction activities if unknown wells or pipelines are discovered.
Applicant and contractor(s)
During Construction
City of Signal Hill Building Department _________
City of Signal Hill Building Department
MM-3.6-2b Records of wells previously abandoned in
accordance with State of California, DOGGR regulations shall be reviewed in order to determine if they comply with current abandonment regulations. Any such wells shall be re-abandoned in conformance with current DOGGR regulations.
The Applicant’s consulting environmental engineer will review records.
Applicant and contractor(s)
Prior to Grading Permit issuance and during construction California Division of Oil, Gas, and Geothermal Resources City of Signal Hill Building Department _________
City of Signal Hill Building Department
MM-3.6-3 A methane assessment shall be conducted onsite within 30 days of completion of rough grading to determine if methane concentrations warrant mitigation (i.e., installation of a vapor barrier and passive vapor).
The Applicant’s consulting environmental engineer will conduct methane test.
Applicant and contractor(s)
No sooner than 30 days after completion of rough grading City of Signal Hill Building Department _________
City of Signal Hill Building Department
MM-3.6-4 Should any previously unknown underground
storage tanks be discovered during the Project Site preparation phase, removal of these tanks will require a plan check and compliance with closure conditions from the County of Los The Applicant’s consulting environmental engineer will stop excavation and Applicant and contractor(s)
During grading and construction activities
County of Los Angeles Department of Public Works
_________
City of Signal Hill Building Department
Appendix A
Mitigation Monitoring and Reporting Program Checklist
EDCO Recycling and Transfer Facility February 2009 City of Signal Hill Page A-2 No. Mitigation Measure
Implementation
Action
Monitoring
Party
Monitoring
Phase
Verification/
Approval
Party
Mitigation
Measure
Implemented?
(Y/N) & Date
Documentation
Location
(Monitoring
Record)
Angeles Department of Public Works, Environmental Programs Division pursuant to Los Angeles County Code, Title 11, Division 4 and California Code of Regulations, Title 23, Division 3, Chapter 16. construction activities if underground storage tanks are discovered and, as necessary, submit an Application for Closure for Hazardous Material Underground Storage Tanks with the County of Los Angeles Department of Public Works.
City of Signal Hill Building Department
MM-3.6-5 The Project proponent shall obtain a “Dig Alert” identification number two working days in advance of commencement of excavation activities.
The Applicant’s consulting environmental engineer will obtain a “Dig Alert” identification number at least two working days prior to excavation activities.
Applicant and contractor(s)
At least two working days prior to excavation activities City of Signal Hill Building Department _________
City of Signal Hill Building Department
BIOLOGICAL RESOURCES MM-3.8-1 Removal of on-site vegetation shall be accomplished in a manner that avoids impacts to any active nests during the breeding season. If the vegetation is entirely removed outside of the nesting season, which is September 1 through February 14, no surveys or monitoring will be required. If construction activities must occur during the nesting season, the City shall obtain the services of a qualified biologist to conduct a pre-construction nest survey on the Project Site and within a 150-foot buffer area around the Project disturbance footprint to identify any nests that occur there. This survey shall be The Applicant will retain a qualified biologist if removal of on-site vegetation will occur during the breeding season.
Applicant and contractor(s)
Prior to Grading Permit issuance and during construction City of Signal Hill Building Department _________
City of Signal Hill Building Department
Appendix A
Mitigation Monitoring and Reporting Program Checklist
EDCO Recycling and Transfer Facility February 2009 City of Signal Hill Page A-3 No. Mitigation Measure
Implementation
Action
Monitoring
Party
Monitoring
Phase
Verification/
Approval
Party
Mitigation
Measure
Implemented?
(Y/N) & Date
Documentation
Location
(Monitoring
Record)
carried out within one week prior to initiation of grading activities. If bird species protected under the Migratory Bird Treaty Act or California Fish and Game Code Sections 3503 and 3513 are found nesting within 150 feet of the Project disturbance area, a qualified biologist shall monitor the nests daily during all phases of construction to ensure that the Project does not impact the nests. Clearing and grading activities shall not be allowed within 150 feet of active nests. If an active nest is discovered onsite or within 150 feet of the Project disturbance area, then clearing and/or grading activities shall be delayed in areas within 150 feet of nests until it has been determined by a qualified biologist that the chicks have fledged.
CULTURAL RESOURCES MM-3.9-1 Prior to issuance of a grading permit, a qualified archaeologist, experienced with Native Americans and Native American resources will be retained by the City of Signal Hill. The archaeologist shall be present at a pre-grading conference with the contractor and shall establish procedures for archaeological resource surveillance and work stoppage if cultural resources are encountered. Should buried cultural resources be encountered by the contractor during construction activities, work in that area must be halted until the archaeologist is notified and can evaluate the nature and significance of the find and if necessary, coordinate the appropriate efforts for handling and/or disposition of these materials. The City of Signal Hill Community Development Department shall be notified immediately if cultural resources are encountered.
Contractor will stop construction if cultural resources are encountered. Qualified archaeologist will be notified to verify finding and coordinate handling and/or disposition of materials.
Qualified archaeologist City of Signal Hill Community Development Department Prior to Grading Permit issuance and during grading/ construction City of Signal Hill Community Development Department
_________
City of Signal Hill Community Development Department
Appendix A
Mitigation Monitoring and Reporting Program Checklist
EDCO Recycling and Transfer Facility February 2009 City of Signal Hill Page A-4 No. Mitigation Measure
Implementation
Action
Monitoring
Party
Monitoring
Phase
Verification/
Approval
Party
Mitigation
Measure
Implemented?
(Y/N) & Date
Documentation
Location
(Monitoring
Record)
MM-3.9-2 Prior to issuance of a grading permit, a qualified paleontologist will be retained by the City of Signal Hill. The paleontologist shall be present at a pre-grading conference with the contractor and shall establish procedures for paleontological resource surveillance and work stoppage if paleontological resources are encountered. Should buried paleontological resources be encountered by the contractor during construction activities, work in that area must be halted until the paleontologist is notified and can evaluate the nature and significance of the find and if necessary, coordinate the appropriate efforts for handling and/or disposition of these materials. The City of Signal Hill Community Development Department shall be notified immediately if paleontological resources are encountered.
Contractor will stop construction if cultural resources are encountered. Qualified paleontologist will be notified to verify finding and coordinate handling and/or disposition of materials.
Qualified paleontologist City of Signal Hill Community Development Department Prior to Grading Permit issuance and during grading/ construction City of Signal Hill Community Development Department
_________
City of Signal Hill Community Development Department
MM-3.9-3 If human remains are encountered during
construction-related activities, in conformance with State of California Health and Safety Code Section 7050.5, disturbance of the immediate area near the remains shall be immediately halted until the Los Angeles County Coroner has made a determination regarding the origin and disposition as required by California Public Resources Code Section 5097.98. If encountered remains are determined to be of Native American notified origin, the Native American Heritage Commission shall be notified within one business day of discovery and the Gabrielinos/Tongva Tribal Nation shall be notified within one business day of discovery.
Contractor will stop construction if human remains are encountered. The County Coroner will be contacted.
City of Signal Hill Building Department
During grading and construction activities
City of Signal Hill Building Department _________
City of Signal Hill Building Department
Attachment B
Draft Environmental Findings
Exhibit A
Environmental Findings
EDCO Recycling and Transfer Facility, City of Signal Hill
ENVIRONMENTAL FINDINGS
REGARDING THE FINAL ENVIRONMENTAL IMPACT REPORT
FOR THE EDCO RECYCLING AND TRANSFER FACILITY
State Clearinghouse Number 2008081009
SECTION I
BACKGROUND AND INTRODUCTION
A. PROJECT OVERVIEW
A Draft Environmental Impact Report (“EIR”) was prepared for the EDCO Recycling and Transfer Facility and related discretionary actions in the City of Signal Hill. The Draft EIR addressed the potential environmental effects associated with the development of a 68,000-square foot recycling and transfer facility on a 3.75-acre site in the City of Signal Hill. The state-of-the art facility will serve as a point to accept, process, recover and transfer mixed municipal waste and residue following diversion activities to an appropriate permitted disposal facility. The Project component areas include office administration, material recovery operations, transfer/self haul/load out, green waste, construction debris, and maintenance.
Implementation of the Project will require the following discretionary approvals by the City of Signal Hill:
• Zoning Ordinance Amendment 09-01: Amend the official Zoning Map by changing the zoning designation for approximately 3.75 acres of leased land at 2755 California Avenue from CG, Commercial General, to Area 3 of SP-19, General Industrial Specific Plan; • Zoning Ordinance Amendment 09-02: Amend Signal Hill Municipal Code Chapter 20.39, General Industrial Specific Plan, by establishing land uses and development standards for a Recycling and Solid Waste Transfer Facility in Area 3;
• Conditional Use Permit 09-01: Construct and operate a Recycling and Solid Waste Transfer Facility on an approximately 3.75-acre site at 2755 California Avenue in Area 3 of the SP-19, General Industrial Specific Plan, zoning district;
• Site Plan and Design Review 09-01 (Planning Commission only): Construct a Recycling and Solid Waste Transfer Facility on an approximately 3.75-acre site located at 2755 California Avenue; • Finding of Consistency Related to Right-of-Way Treatment (Planning Commission only): Begin the right-of-way vacation process by finding the proposed vacation of the alley connecting California and Olive Avenues between 28th and Patterson Streets and Olive Avenue between Patterson Street and 28th Street consistent with the General Plan. The proposal also includes adding cul-de-sacs at Patterson and 28th Streets at Olive Avenue to prevent traffic between Atlantic and California Avenues;
• Finding of Consistency Related to Development Agreement (Planning Commission only): A finding that the provisions of a Development Agreement between the City of Signal Hill and EDCO Transport Services consistent with the General Plan.
Exhibit A
Environmental Findings
EDCO Recycling and Transfer Facility, City of Signal Hill
B. PUBLIC INVOLVEMENT AND EIR SCOPING
This document complies with the California Environmental Quality Act (“CEQA,” Public Resources Code §21000 et seq.) and the State CEQA Guidelines (Cal. Code Regs., Title 14, §15000 et seq.). In compliance with CEQA, the City of Signal Hill has solicited and considered comments from Responsible and Trustee Agencies, members of the public, and other interested parties during the Project’s environmental review process:
• The City issued a Notice of Preparation (NOP) of a Draft EIR for a period of 30 days beginning on August 4, 2008.
• The City held a public scoping meeting on the project EIR on September 11, 2008 at the Signal Hill City Hall.
• The Planning Commission of the City of Signal Hill conducted a public hearing on February 10, 2009
• The City Council held a public hearing on February 17, 2009 to review the items described above.
The comments on the August NOP were used to establish the scope of the issues addressed in the Draft EIR.
C. FINAL EIR CERTIFICATION AND PROJECT APPROVAL PROCESS
FINDINGS REQUIRED UNDER CEQA
The City Council (the decision-making body) of the City of Signal Hill (the CEQA Lead Agency) certifies the Final EIR, which consists of the Draft EIR (SCH No. 2008081009) and the Responses to Comments. Since the Draft EIR identified potentially significant environmental impacts prior to mitigation, the City Council must also prepare “findings” as part of its action to certify that the Final EIR has been completed in compliance with CEQA and to approve the Project. Pursuant to CEQA Section 21081 and CEQA Guidelines Section 15091, no public agency shall approve or carry out a Project for which an environmental impact report has been certified, which identifies one or more significant effects on the environment that would occur if the Project is approved or carried out, unless the public agency makes one or more findings for each of those significant effects, accompanied by a brief explanation of the rationale of each finding. The possible findings, which must be supported by substantial evidence in the record, are:
1. Changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid the significant effects on the environment.
2. Those changes or alterations are within the responsibility of another public agency and have been, or can and should be, adopted by that other agency.
3. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report.
Exhibit A
Environmental Findings
EDCO Recycling and Transfer Facility, City of Signal Hill
SIGNIFICANT EFFECTS AND MITIGATION MEASURES
The Draft EIR identified several significant environmental effects (or “impacts”) resulting from implementation of the Project. These significant effects can be fully avoided/mitigated through the adoption of feasible mitigation measures.
MITIGATION MONITORING AND REPORTING PROGRAM
A Mitigation Monitoring and Reporting Program (MMRP) has been prepared to monitor and report the implementation of the mitigation measures identified for the Project. The MMRP will be adopted concurrently with these findings, and will be implemented through the final design, construction and postconstruction periods. To the extent that these findings conclude that all mitigation measures outlined in the Draft EIR are feasible and have not been modified, superseded, or withdrawn, the City hereby binds itself to implement these measures. These findings, in other words, are not merely informational, but rather constitute a binding set of obligations that will come into effect when the City Council formally approves the Project.
CERTIFICATION OF THE FINAL EIR AND ADOPTION OF FINDINGS The City Council will review and consider the information contained in the Final EIR, as well as submissions from public officials, public agencies and the general public. Prior to Project approval, the City Council shall certify that the Final EIR reflects the City’s independent judgment and analysis. Having considered the foregoing information, as well as any and all other information in the record, the City Council shall make findings pursuant to CEQA Section 21081. In accordance with the provisions of CEQA and the State CEQA Guidelines, the City Council shall adopt the Findings as part of its certification of the Final EIR for the Project.
Exhibit A
Environmental Findings
EDCO Recycling and Transfer Facility, City of Signal Hill
SECTION II
ENVIRONMENTAL FINDINGS
A. FINDINGS REGARDING ENVIRONMENTAL IMPACTS MITIGATED TO
A LEVEL OF LESS THAN SIGNIFICANT
Environmental impacts identified in the Final EIR as potentially significant but which the City finds can be mitigated to a level of less than significant through the imposition of feasible mitigation measures identified in the Final EIR and set forth herein, are described in this section. The applicable environmental issue areas include Hazards and Hazardous Materials, Biological Resources, and Cultural Resources.
1. HAZARDS AND HAZARDOUS MATERIALS
a. Impact: The Proposed Project would be located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, could create a significant hazard to the public or the environment. (DEIR Impact 3.6- 1)
Finding: Changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid the significant effects on the environment.
The impact will be mitigated with implementation of the following mitigation measure(s):
MM 3.6-1: A soil management plan shall be prepared to provide guidance to building contractors in the event discolored or odiferous soils are discovered during onsite excavation and grading activities
Facts in Support of the Finding: As the Project Site is an oil field with three operating pumping units and the historic use of the site was an oil field with nine previously abandoned oil wells located onsite, the constituents of concern include heavy-ends of total petroleum hydrocarbons indicative of crude oil. EDCO is working with the State of California Department of Conservation, Division of Oil, Gas and Geothermal Resources (DOG) regarding the oil wells and will continue to monitor for volatile organic compounds (VOCs) as required by the Air Quality Management District (AQMD) Rule 1166 Site Specific Mitigation Soils Plan for excavating and grading site soils. VOC monitoring will occur during site grading activities. Soil that exceeds the 50 parts per million (ppm) threshold for VOCs will be stockpiled on plastic sheeting, covered with plastic sheeting, profiled for offsite disposal and disposed appropriately in accordance with State of California regulations.
Any import will be sampled and analyzed for the following constituents: (1) volatile organic compounds will be collected via USEPA method 5035B and analyzed via USEPA method 8260B, (2) semi-volatile organic compounds will be analyzed via USEPA method 8270C, total threshold limit concentration (TTLC) metals will be analyzed via USEPA methods Exhibit A
Environmental Findings
EDCO Recycling and Transfer Facility, City of Signal Hill
6000/7000 series, (3) total petroleum hydrocarbons-gasoline range, -diesel range, and speciated carbon chains will be analyzed via USEPA method 8015B, (4) organochlorine pesticides will be analyzed via USEPA method 8081A.
Compliance with the regulations indicated above would ensure that construction workers and the general public would not be exposed to any unusual or excessive risks related to contaminated soils during construction activities. As such, impacts associated with the exposure of construction workers and the public to hazardous materials would be mitigated to a level that is less than significant.
b. Impact: Three unknown oil wells (Damron 4, RC-6, and RC-5) have not been located at the Proposed Project Site. (DEIR Impact 3.6-2)
Finding: Changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid the significant effects on the environment.
The impact will be mitigated with implementation of the following mitigation measure(s):
MM 3.6-2a: If any previously unknown wells or pipelines are encountered at any time during grading activities, all work shall immediately cease until clearance is received from the City of Signal Hill.
MM 3.6-2b: Records of wells previously abandoned in accordance with State of California, DOGGR regulations shall be reviewed in order to determine if they comply with current abandonment regulations. Any such wells shall be re-abandoned in conformance with current DOGGR regulations.
Facts in Support of the Finding: The regulations and programs noted in the mitigation measures above would be implemented prior to and during grading and other ground disturbance activities. Compliance with the regulations indicated above would ensure that construction workers and the general public would not be exposed to any unusual or excessive risks related to unknown wells or pipelines during construction activities. As such, impacts associated with the exposure of construction workers and the public to hazardous materials would be mitigated to a level that is less than significant. (DEIR p. 3.6-9). c. Impact: Rough grading activities associated with the Proposed Project have the potential to release methane gas. (DEIR Impact 3.6-3)
Finding: Changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid the significant effects on the environment.
The impact will be mitigated with implementation of the following mitigation measure(s):
MM 3.6-3: A methane assessment shall be conducted on-site within 30 days of completion of rough grading to determine if methane concentrations warrant mitigation (i.e., installation of a vapor barrier and passive vapor).
Exhibit A
Environmental Findings
EDCO Recycling and Transfer Facility, City of Signal Hill
Facts in Support of the Finding: The required methane assessment to be conducted no sooner than 30 days after the completion of rough grading is to comply with the City of Los Angeles Building and Safety Department methane assessment and mitigation guidelines that the City of Signal Hill follows. The methane assessment will determine whether the methane detected in shallow and/or deep probes is under pressure, thereby dictating the type of methane mitigation system to be installed underneath the building slab prior to construction of the proposed building. Compliance with the methane assessment findings and recommendations would ensure that employees and site facilities would not be exposed to any unusual or excessive risks related to subsurface methane. As such, long-term impacts associated with subsurface methane concentrations would be mitigated to a level that is less than significant. (DEIR p. 3.6-9).
d. Impact: Since 1923, the Proposed Project Site has been associated with oil field activities, including oil derricks, a tank farm, and wells. (DEIR Impact 3.6-4) Finding: Changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid the significant effects on the environment.
The impact will be mitigated with implementation of the following mitigation measure(s):
MM 3.6-4: Should any previously unknown underground storage tanks be discovered during the Project Site preparation phase, removal of these tanks will require a plan check and compliance with closure conditions from the County of Los Angeles Department of Public Works, Environmental Programs Division pursuant to Los Angeles County Code, Title 11, Division 4 and California Code of Regulations, Title 23, Division 3, Chapter 16.
Facts in Support of the Finding: The regulations and programs noted in the mitigation measures above would be implemented as necessary during grading and excavation activities. Compliance with the regulations indicated above would ensure that potential unauthorized releases from underground storage tanks would be prevented through proper closure protocols. As such, the potential underground release of hazardous materials would be mitigated to a level that is less than significant. (DEIR p. 3.6-9). e. Impact: Construction activities could disrupt underground utility systems. (DEIR Impact
3.6-5)
Finding: Changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid the significant effects on the environment.
The impact will be mitigated with implementation of the following mitigation measure(s):
MM 3.6-5: The Project proponent shall obtain a “Dig Alert” identification number two working days in advance of commencement of excavation activities.
Facts in Support of the Finding: The standard pre-construction condition cited above would be implemented for grading and excavation activities on all areas of the project site.
Exhibit A
Environmental Findings
EDCO Recycling and Transfer Facility, City of Signal Hill
Compliance with the measure indicated above would ensure that potential disruption of underground utility systems is minimized to the extent possible. This industry standard of care would reduce potential effects to a level that is considered to be less than significant. (DEIR p. 3.6-9).
2. BIOLOGICAL RESOURCES
a. Impact: Since marginal foraging, roosting and nesting vegetation habitat exists on and adjacent to the Project Site, the removal of ornamental trees and shrubs has the potential to impact wildlife. (DEIR Impact 3.8-1)
Finding: Changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid the significant effects on the environment.
The impact will be mitigated with implementation of the following mitigation measure(s):
MM 3.8-1: Removal of on-site vegetation shall be accomplished in a manner that avoids impacts to any active nests during the breeding season. If the vegetation is entirely removed outside of the nesting season, which is September 1 through February 14, no surveys or monitoring will be required.
If construction activities must occur during the nesting season, the City shall obtain the services of a qualified biologist to conduct a pre-construction nest survey on the Project Site and within a 150-foot buffer area around the Project disturbance footprint to identify any nests that occur there. This survey shall be carried out within one week prior to initiation of grading activities. If bird species protected under the Migratory Bird Treaty Act or California Fish and Game Code Sections 3503 and 3513 are found nesting within 150 feet of the Project disturbance area, a qualified biologist shall monitor the nests daily during all phases of construction to ensure that the Project does not impact the nests. Clearing and grading activities shall not be allowed within 150 feet of active nests. If an active nest is discovered on-site or within 150 feet of the Project disturbance area, then clearing and/or grading activities shall be delayed in areas within 150 feet of nests until it has been determined by a qualified biologist that the chicks have fledged.
Facts in Support of the Finding: The methods for reducing impacts to migratory birds during nesting season are consistent with the standard of professional care exercised throughout the State of California by wildlife biologists. The survey and mitigation protocols indicated are supported by California Department of Fish and Game and U.S. Fish and Wildlife Service.
Exhibit A
Environmental Findings
EDCO Recycling and Transfer Facility, City of Signal Hill
3. CULTURAL RESOURCES
a. Impacts: The Proposed Project could cause a substantial adverse change in the significance of an archaeological resource as defined in §15064.5 of the State CEQA Guidelines (DEIR Impact 3.9-1); and the Proposed Project has the potential to disturb human remains, including those interred outside of formal cemeteries. (DEIR Impact 3.9-3) Finding: Changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid the significant effects on the environment.
The impacts will be mitigated with implementation of the following mitigation measure(s):
MM 3.9-1: Prior to issuance of a grading permit, a qualified archaeologist, experienced with Native Americans and Native American resources, will be retained by the City of Signal Hill. The archaeologist shall be present at a pre-grading conference with the contractor and shall establish procedures for archaeological resource surveillance and work stoppage if cultural resources are encountered. Should buried cultural resources be encountered by the contractor during construction activities, work in that area must be halted until the archaeologist is notified and can evaluate the nature and significance of the find and if necessary, coordinate the appropriate efforts for handling and/or disposition of these materials. The City of Signal Hill Community Development Department shall be notified immediately if cultural resources are encountered.
MM 3.9-3: If human remains are encountered during construction-related activities, in conformance with State of California Health and Safety Code Section 7050.5, disturbance of the immediate area near the remains shall be immediately halted until the Los Angeles County Coroner has made a determination regarding the origin and disposition as required by California Public Resources Code Section 5097.98. If encountered remains are determined to be of Native American notified origin, the Native American Heritage Commission shall be notified within one business day of discovery and the Gabrielinos/Tongva Tribal Nation shall be notified within one business day of discovery.
Facts in Support of the Finding: In order to address the potential for accidental discovery of sub-surface cultural resources during ground-disturbing activities, the project applicant will be required to negotiate an agreement with a qualified archaeologist that establishes monitoring procedures during grading, excavation and other ground disturbance activities.
The procedures will also include decision support regarding notification, work stoppage, and treatment of any cultural resources and/or human remains discovered on the Project Site. The methods for reducing the potential for such impacts are consistent with the standard of professional care exercised throughout the State of California by professional archaeologists. b. Impact: The Proposed Project could directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. (DEIR Impact 3.9-2) Finding: Changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid the significant effects on the environment.
Exhibit A
Environmental Findings
EDCO Recycling and Transfer Facility, City of Signal Hill
The impact will be mitigated with implementation of the following mitigation measure(s):
MM 3.9-2: Prior to issuance of a grading permit, a qualified paleontologist will be retained by the City of Signal Hill. The paleontologist shall be present at a pre-grading conference with the contractor and shall establish procedures for paleontological resource surveillance and work stoppage if paleontological resources are encountered. Should buried paleontological resources be encountered by the contractor during construction activities, work in that area must be halted until the paleontologist is notified and can evaluate the nature and significance of the find and if necessary, coordinate the appropriate efforts for handling and/or disposition of these materials. The City of Signal Hill Community Development Department shall be notified immediately if paleontological resources are encountered
Facts in Support of the Finding: In order to address the potential for accidental discovery of paleontological resources during ground-disturbing activities, the project applicant will be required to negotiate an agreement with a qualified paleontologist that establishes monitoring procedures during grading, excavation and other ground disturbance activities. The procedures will also include decision support regarding notification, work stoppage, and treatment of any paleontological resources discovered on the Project Site. The methods for reducing the potential for such impacts are consistent with the standard of professional care exercised throughout the State of California by professional paleontologists.
Exhibit A
Environmental Findings
EDCO Recycling and Transfer Facility, City of Signal Hill
SECTION III
RECORD OF PROCEEDINGS
For purposes of CEQA and these Findings, the Record of Proceedings for the Project consists of the following documents, at a minimum:
• The August 2008 Notice of Preparation issued by the City in conjunction with the Project; • The November 2008 Draft EIR, including appendices and technical studies included or referenced in the Draft EIR;
• All comments submitted by agencies or members of the public during the 45-day public comment period on the Draft EIR;
• All comments and correspondence submitted to the City with respect to the Project, in addition to timely comments on the Draft EIR;
• The Mitigation Monitoring and Reporting Program for the Project; • All findings and resolutions adopted by the City decision makers in connection with the Project, and all documents cited or referred to therein;
• All reports, studies, memoranda, maps, staff reports, or other planning documents relating to the Project;
• All documents and information submitted to the City by responsible, trustee, or other public agencies, or by individuals or organizations, in connection with the Project, up through the date the City Council approved the Project;
• Matters of common knowledge to the City, including, but not limited to federal, state, and local laws and regulations;
• Any documents expressly cited in these findings, in addition to those cited above; and • Any other materials required to be in the Record of Proceedings by Public Resources Code section 21167.6, subdivision (e).
The custodian of the record of proceedings is the City of Signal Hill Community Development Department, whose office is located at 2175 Cherry Avenue, Signal Hill, California 90755-3799.
The City has relied on all of the documents listed above in reaching its decision on the Project, even if every document was not formally presented to the City Council decision-makers as part of the City’s files generated in connection with the Project.
Exhibit B
Certification of the Final EIR
EDCO Recycling and Transfer Facility, City of Signal Hill
EXHIBIT B
CERTIFICATION OF THE FINAL EIR
The City of Signal Hill has reviewed and considered the Final EIR in evaluating the EDCO Recycling and Transfer Facility. The City finds that the Final EIR is an accurate and objective statement that fully complies with CEQA, State CEQA Guidelines and the City’s local CEQA Guidelines; and that the Final EIR reflects the independent judgment of the City of Signal Hill; and that no new significant impacts as defined by State CEQA Guidelines section 15088.5 have been received by the City after circulation of the Draft EIR which would require recirculation.
The City Council certifies the Environmental Impact Report based on the following conclusions:
A. Conclusions.
1. All significant environmental impacts from the implementation of the Project, including related discretionary actions, have been identified in the EIR and, with implementation of the mitigation measures identified, will be mitigated to a level that is less than significant, as described in Exhibit A (Environmental Findings).
2. The Mitigation Monitoring and Reporting Program, which is presented as a separate document, meets the requirements of Section 21081.6 of the Public Resources Code by providing for the implementation and monitoring of Project conditions intended to mitigate potential environmental impacts.
3. Other reasonable alternatives to the Project that could feasibly achieve most of the basic objectives of the Project were considered in the EIR. Since the alternatives considered did not meet all of the project objectives and did not serve to reduce or avoid any potentially significant impacts, the alternatives are rejected in favor of the EDCO Recycling and Transfer Facility, as described in the EIR.
Attachment C
Resolution No. 2009-02-5746 (EIR Certification)
Attachment D
Notice of Determination (filed February 19, 2009)
Attachment E
California Department of Fish & Game Environmental Filing Fee Receipt