HomeMy WebLinkAboutResolution No. 2023-041 - Certifiy Mitigated Negative Environmental Impact.19 1, FA -.T4 in
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WHEREAS, pursuant to the California Public Resources Code section 2106
and the State CEQA Guidelines (Cal. Code Regs., tit. 14 § 15000 et seq.) sectio
15051, the city is the lead agency for the proposed Project; and I
TIHEREAS, an Initial Study was prepared for the project pursuant to State CEQ
Guidelines section 15063; and i
WHEREAS, on the basis of the Initial Study, which concluded that the Proje
would have potentially significant impacts but that those impacts could be reduced
less than significant levels with implementation of the proposed mitigation measure
the City determined that a Mitigated Negative Declaration ("MND") should be preparl
for the Project pursuant to Public Resources Code sections 21064.5 and 21080(c), a
the State CEQA Guidelines section! 15070 et sell and
WHEREAS, on October 5, 2023, staff distributed for public review copies of a
proposed MND prepared for the Project pursuant to the California Environmental
Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"). The MND
identified potentially significant but mitigable impacts relating to the issue areas of
Biological Resources, Cultural Resources, Geology/Soils, and Tribal Cultural
Resources. The mitigation measures for Tribal Cultural Resources are incorporated in
CUL-1 through CUL-3 to address any previously undiscovered archeological resources
related to TCRs encountered during project implementation. This includes measures for
both fu�nery/ceremonial and non-funery/non-ceremonial resources, Incorporation of
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these mitigation measures would ensure that potential impacts to buried TCRs are le
than significant through requirements of evaluation, salvage, curation, and reportin]
and
WHEREAS, a 20-day public review period is required pursuant to Publm
Resources Code Section 21091, the MND was made available for public revie
between October 5, 2023) to October 24, 2023; and I
WHEREAS, the City has endeavored to take all steps and to impose A
conditions necessary to ensure that impacts to the environment would not be significal
and
WHEREAS, the Planning Commission, upon giving the required notice, did
the 8th day of November, 2023 conduct a duly advertised public hearing to consider t
subject application, at which time the Planning commission adopted Resolution PC 2
23 recommending approval to the City Council; and il
WHEREAS, the City Council did, on the 6 th day of December, 2023, conduct
duly advertised public hearing as prescribed by law, and considered eviden
presented by the Planning Commission, Planning Division, and other interested partie
atid .1
WHEREAS, The Planning Commission and City Council of the City of Baldwin
Park reviewed and considered the IVIND and the information contained in said MND;
and
WHEREAS, in accordance with Section 15074(b) of the State CEQA Guidelin-m
(California Code of Regulations Sections 1500 et seq.) the decision -making body of th],
lead agency must consider the MND and comments received before approving th
Project; and
WHEREAS, a Mitigation Monitoring and Reporting Program ("MMRP") has beem
prepared for the project to implement mitigation measures required by the Project and
attached as Exhibit A. I
NOW, THERFORE, the Planning Commission of the City of Baldwin Park does
hereby resolve, find, determine, and declare as follows:
SECTION 1. The above recitations are true and correct and are incorporated
herein by this reference.
SECTION 2. As the decision -making body for the Project, the City Council has
reviewed and considered the information contained in the Initial Study/MND and
adecord for the Project, including all oral and written comments received
durina the public review penod. The City Council finds that the Initial Study/MN1
contains a complete and accurate reporting of the environmental impacts associated
is-1: If vegetation removal is scheduled during the nesting season (typically
February 1 to September 1), then a focused survey for act�i�ve nests shall
be conducted by a qualified biologist no more than five (5) days before the
beginning of project -related activities (e.g., demolition, excavation, grading
and vegetation removal). Surveys must be conducted in proposed worh
areas, staging and storage areas, and soil, equipment, and material
stockpile areas. For passerines and small raptors, surveys must be
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CUL-1: Retain a Native American Monitor Prior to Commencement of
Ground -Disturbing Activities
Z;III-L-2: Inanticipated Discovery of Tribal Cultural Resource Objects (11
FuneraryINon- Ceremonial)
A. Upon discovery of any TCRs, all construction activities in the
immediate vicinity of the discovery shall cease (ie., not less than the
surrounding 50 feet) and shall not resume until the discovered TCR
has been fully assessed by the Kizh monitor and/or Kizh archaeologist.
The Kizh will recover
B. and retain all discovered TCRs in the form and/or manner the Tribe
deems appropriate, in the Tribe's sole discretion, and for any purpose
the Tribe deems appropriate, including for educational:, cultural and/or
historic purposes.
CUL-3: Unanticipated Discovery of Human Remains and Associate'
Funerary or Ceremonial Objects I
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GEO-1: Conduct Paleontological Sensitivity Training for Construction
Perso�tiel.
The Applicant must retain a professional paleontologist, who meets the
qualifications set forth by the Society of Vertebrate Paleontology, to
conduct a Paleontological Sensitivity Training for construction personnel
before commencement of excavation activities. The training will include a
handout and will focus on how to identify paleontological resources that
may be encountered during earthmoving activities, and the procedures to
be followed in such an event; the duties of paleontological monitors;
notification and other procedures to follow upon discovery of resources;
in conducting a salvage investigation if one is necessary.
GEO-2: Conduct Periodic Paleontological Spot Checks During Grading and
Earth -Moving Activities.
GEO-3- Cease Ground -Disturbing Activities and Implement Treatment A
If Paleontological Resources Are Encountered.
Upon completion of the above activities, the professional paleontologist
will prepare a report summarizing the results of the monitoring and
salvaging efforts, the methodology used in these efforts, as well as a
description of the fossils collected and their significance. The report will be
submitted to the Applicant, the City, the Natural History Museums of Los
Angeles County, and representatives of other appropriate or concerned
agencies to signify the satisfactory completion of the project and required
gation measures.
SECTION 8: The custodian of records for all materials that constitute t
record of proceeding upon which its decision is based is the City Planner, Tho
documents are available for public review in the Planning Division located at 14403
Pacific Ave. Baldwin Park CA 91706.
SECTION 9. The City Clerk shall certify to the adoption of this resolution
and hereafter the same shall be in full force and effect.
VMTOVAMT �1- 1�', �
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T
1, Christopher Saenz, City Clerk of the City of Baldwin Park, do hereby certify that
the foregoing Resolution No. 2023-041 was duly and regularly approved and adopted
by the City Council at a regular meeting thereof, held on the 6th day of December 2023
by the following vote:
AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
NOES: N/A
ABSTAIN: N/A
ABSENT: N/A