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HomeMy WebLinkAboutAttachment No. 6_Part 1 or 3
Attachment No. 6
Part 1 of 3 – FEIR, Response to
Comments, and MMRP
Link to these documents can also be found
at www.arcadiaca.gov/significantprojects
Final Environmental Impact Report
The Derby Mixed-Use Project
STATE CLEARINGHOUSE NO. 2022100298
OCTOBER 2023
Prepared for:
CITY OF ARCADIA
240 West Huntington Drive
Arcadia, California 91107
Prepared by:
38 North Marengo Avenue
Pasadena, California 91101
Printed on 30% post-consumer recycled material.
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Table of Contents
CHAPTER PAGE NO.
1 Introduction ...................................................................................................................................................... 1-1
1.1 Purpose ............................................................................................................................................... 1-1
1.2 Format of the Final EIR ...................................................................................................................... 1-1
1.3 Environmental Review Process ......................................................................................................... 1-2
1.3.1 Notice of Preparation ............................................................................................................ 1-2
1.3.2 Noticing and Availability of the Draft EIR ............................................................................. 1-2
1.3.3 Final EIR ................................................................................................................................ 1-3
1.4 Revisions to the Draft EIR .................................................................................................................. 1-3
2 Responses to Comments ................................................................................................................................. 2-1
2.1 Introduction......................................................................................................................................... 2-1
Comment Letter A1 ............................................................................................................................ 2-2
Comment Letter O1 ............................................................................................................................ 2-9
Comment Letter O2 .......................................................................................................................... 2-13
3 Changes to the Draft EIR ................................................................................................................................. 3-1
3.1 Introduction......................................................................................................................................... 3-1
3.2 Errata ................................................................................................................................................... 3-1
4 Mitigation Monitoring and Reporting Program .............................................................................................. 4-1
ATTACHMENT
A Correspondence with Caltrans District 7
TABLE
2.1 List of Commenters .......................................................................................................................................... 2-1
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Acronyms and Abbreviations
Acronym/Abbreviation Definition
AB Assembly Bill
CalEEMod California Emissions Estimator Model
Caltrans California Department of Transportation
CEQA California Environmental Quality Act
City City of Arcadia
CV curriculum vitae
EIR Environmental Impact Report
ESA Environmental Site Assessment
ITS Intelligent Transportation Systems
MMRP mitigation monitoring and reporting program
NOA Notice of Availability
NOC Notice of Completion
NOP Notice of Preparation
OPR Office of Planning and Research
Project The Derby Mixed-Use Project
RTP/SCS Regional Transportation Plan/Sustainable Communities Strategy
SAFER Supporters Alliance for Environmental Responsibility
SCAG Southern California Association of Governments
SCCIC South-Central Coastal Information Center
SMP Soil Management Plan
SWAPE Soil Water Air Protection Enterprise
TDM Transportation Demand Management
TPA transit priority area
UST Underground storage tank
VMT vehicle miles traveled
WEAP Worker Environmental Awareness Program
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1 Introduction
1.1 Purpose
This Final Environmental Impact Report (EIR) has been prepared by the City of Arcadia (City) for The Derby Mixed-
Use Project (proposed Project). This Final EIR has been prepared in conformance with the California Environmental
Quality Act of 1970 (CEQA) statutes (Cal. Pub. Res. Code, Section 21000 et. seq., as amended) and implementing
guidelines (Cal. Code Regs., Title 14, Section 15000 et. seq.).
Before approving a project, CEQA requires the lead agency to prepare and certify a F inal EIR. The City has the
principal responsibility for approval of the proposed Project and is therefore considered the lead agency under CEQA
Section 21067. According to the CEQA Guidelines Section 15132, the Final EIR shall consist of:
▪ The Draft EIR or a revision of the Draft EIR
▪ Comments and recommendations received on the Draft EIR either verbatim or in summary
▪ A list of persons, organizations, and public agencies commenting on the Draft EIR
▪ The responses of the lead agency to significant environmental points raised in the review and consultation
process; and
▪ Any other information added by the lead agency
1.2 Format of the Final EIR
This Final EIR consists of the August 2023 Draft EIR and the following four chapters:
1 Introduction. This chapter summarizes the contents of the Final EIR and the environmental review process.
2 Response to Comments. During the 45-day public review period for the Draft EIR, three comment letters were
received. This chapter contains these comment letters, which have been bracketed to organize the responses,
and the City’s responses to the comments.
3 Changes to the Draft EIR. Comments that are addressed in Chapter 2 may have resulted in minor revisions
to the information contained in the August 2023 Draft EIR. Where necessary, deletions to the text are
shown in bold strikeout and additions to the text are shown in bold underline in all applicable sections of
the Draft EIR. Additionally, through the certification of this Final EIR, where the term “Draf t EIR” is used in
the text, this is now deemed to be “Final EIR.”
4 Mitigation Monitoring and Reporting Program. This chapter of the Final EIR provides the mitigation monitoring
and reporting program (MMRP) for the proposed Project. The MMRP is presented in table format and identifies
mitigation measures for the proposed Project, the implementation period for each measure, the implementing
party, and the enforcing agency. The MMRP also provides a section for recordation of mitigation reporting.
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1.3 Environmental Review Process
1.3.1 Notice of Preparation
CEQA requires preparation of an EIR when there is substantial evidence supporting a fair argument that a proposed
project may have a significant effect on the environment. The purpose of an EIR is to provide decision makers,
public agencies, and the general public with an objective and informational document that fully discloses the
environmental effects of the proposed project. The EIR process is intended to facilitate the objective evaluation of
potentially significant direct, indirect, and cumulative impacts of the proposed project, and to identify feasible
mitigation measures and alternatives that would reduce or avoid the proposed project’s significant effects. In
addition, CEQA requires that an EIR identify adverse impacts determined to be significant after mitigation.
In accordance with the CEQA Guidelines, a Notice of Preparation (NOP) was circulated for a 30-day public review
starting on October 14, 2022, to public agencies, organizations, and interested individuals. The purpose of the NOP
was to provide notification that the City plans to prepare an EIR and to solicit input on the scope and content of the
EIR. Additionally, a notice announcing the availability of the NOP was also published in the Arcadia Weekly on October
13, 2022. Copies of the NOP were made available for electronic download on the City’s website at www.arcadiaca.gov/
shape/development_services_department/current_projects.php. Comments on the NOP were received from three
agencies and three letters/emails from individuals or groups, which are provided in Appendix A-2 to the Draft EIR.
A scoping meeting was held on October 26, 2022 at The Gilb Museum of Arcadia Heritage. At the conclusion of the
scoping meeting presentation, the City hosted a questions and answers session where attendees were able to
provide comments and ask clarifying questions about the Project to the City. The City also distributed comments
cards, where attendees could provide written comments for the record. The City did not receive any written
comments/questions with environmental concerns during the scoping meeting, however, eight individuals provided
contact information on the provided scoping meeting sign-in sheet requesting and were added to the City’s
distribution list for all Project related notices.
1.3.2 Noticing and Availability of the Draft EIR
The Draft EIR was made available for public review and comment pursuant to CEQA Guidelines Section 15087. The
45-day public review period for the Draft EIR started on August 4, 2023 and ended on September 19, 2023. At the
beginning of the public review period, an electronic copy of the Draft EIR and an electronic copy of the Notice of
Completion (NOC) and Notice of Availability (NOA) were submitted to the State Clearinghouse. Relevant State
agencies received electronic copies of the documents. The NOA was distributed to interested parties and filed with
the Los Angeles County Clerk as well as published in the Arcadia Weekly. The NOA described where the document
was available and how to submit comments on the Draft EIR. A hardcopy of the Draft EIR was available at the
Arcadia Planning Division located at 240 West Huntington Drive, Arcadia, CA 91066 and at the Arcadia Library
located at 20 West Duarte Road, Arcadia, CA 91006. Additionally, the NOA and the Draft EIR were available to be
viewed on the City website at:
www.arcadiaca.gov/shape/development_services_department/current_projects.php.
The 45-day public review period provided interested public agencies, groups, a nd individuals the opportunity to
comment on the contents of the Draft EIR. A total of three agency, organization, and individual comment letters
were received and are included in Chapter 2, Responses to Comments, of this Final EIR.
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1.3.3 Final EIR
The Final EIR addresses the comments received during the public review period and includes minor changes to the
text of the Draft EIR in accordance with comments that necessitated revisions. This Final EIR will be presented to
City decision-makers for potential certification as the environmental document for the proposed Project. All
agencies who commented on the Draft EIR will be provided with a copy of the Final EIR, pursuant to CEQA Guidelines
Section 15088(b). The Final EIR will also be posted on the City’s website at:
www.arcadiaca.gov/shape/development_services_department/current_projects.php.
Pursuant to CEQA Guidelines Section 15091, the City shall make findings for each of the significant effects
identified in this EIR and shall support the findings with substantial evidence in the record. After considering the
Final EIR in conjunction with making findings under Section 15091, the lead agency may decide whether or how
to approve or carry out the Project. When a lead agency approves a project that will res ult in the occurrence of
significant effects that are identified in the Final EIR but are not avoided or substantially lessened, the agency is
required by CEQA to state in writing the specific reasons to support its action based on the Final EIR and/or oth er
information in the record. Because the Project would not result in significant and unavoidable impacts, a
“statement of overriding considerations” is not required to be prepared.
1.4 Revisions to the Draft EIR
The comments received during the public review period for the Draft EIR resulted in minor clarifications and
modifications in the text of the August 2023 Draft EIR, as shown in Chapter 3, Changes to the Draft EIR. These
changes are included as part of the Final EIR, to be presented to City decisi on makers for review and
consideration of certification and Project approval.
CEQA Guidelines Section 15088.5 identifies when a lead agency must recirculate an EIR. A lead agency is
required to recirculate an EIR when significant new information is added t o the EIR after public notice is given of
the availability of the Draft EIR but before certification of the Final EIR. Information includes changes in the
project or environmental setting as well as additional data or other information. New information add ed to an
EIR is not considered significant unless the EIR is changed in a way that deprives the public of a meaningful
opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to
mitigate or avoid such an effe ct (including a feasible project alternative) that the project’s proponents have
declined to implement. As defined in CEQA Guidelines Section 15088.5(a), significant new information requiring
recirculation includes the following:
1. A new significant environmental impact would result from the project or from a new mitigation measure
proposed to be implemented.
2. A substantial increase in the severity of an environmental impact would result unless mitigation measures
are adopted that reduce the impact to a level of insignificance.
3. A feasible project alternative or mitigation measure considerably different from others previously analyzed would
clearly lessen the environmental impacts of the project, but the project’s proponents decline to adopt it.
4. The draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful
public review and comment were precluded.
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The minor clarifications, modifications, and editorial corrections that were made to the Draft EIR are shown in
Chapter 3, Changes to the Draft EIR, of this Final EIR. None of the revisions that have been made to the Draft EIR
resulted in new significant impacts; none of the revisions resulted in a substantial increase in the severity of an
environmental impact identified in the Draft EIR; and, none of the revisions brought forth a feasible project
alternative or mitigation measure that is considerably different from those set forth in the Draft EIR. Furthermore,
the revisions do not cause the Draft EIR to be flawed such that it precludes meaningful public review. As none of
the CEQA criteria for recirculation have been met, recirculation of the EIR is not warranted. As stated in CEQA
Guidelines Section 15088.5(b), “recirculation is not required where the new information added to the EIR merely
clarifies or amplifies or makes insignificant modifications in an adequate EIR.”
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2 Responses to Comments
2.1 Introduction
A draft version of the Environmental Impact Report (Draft EIR) for The Derby Mixed-Use Project (Project) was
circulated for a 45-day public review from August 4, 2023, to September 19, 2023. This chapter of the Final EIR
includes a copy of each comment letter provided during the 45-day public review period for the Draft EIR. The City
of Arcadia (City) has prepared responses to each comment, which are included in this chapter. The comments are
ordered numerically, and the individual issues within each comment letter are bracketed and numbered. The City’s
responses to comments on the Draft EIR represent a good-faith, reasoned effort to address the environmental
issues identified by the comments. Under the CEQA Guidelines, the Lead Agency is required to evaluate and provide
written responses to comments received on the Draft EIR (CEQA Guidelines Section 15088).
As shown in Table 2-1, the City received three comment letters, including one agency and two organization letters.
In accordance with the requirements of CEQA Guidelines Section 15088(b), the City will provide a written response
on comments submitted by public agencies to each respective public agency at least 10 days prior to certifying the
Final EIR.
Table 2.1. List of Commenters
Comment
Letter Name Type Date
Agencies
A1 California Department of Transportation, District 7 State Agency September 13, 2023
Organizations
O1 Lozeau Drury LLP Organization August 21, 2023
O2 Mitchell M. Tsai Attorney at Law Organization September 19, 2023
The changes to the analysis contained in the Draft EIR represent only minor clarifications/ amplifications and do
not constitute significant new information. In accordance with CEQA Guidelines Section 15088.5, recirculation of
the Draft EIR is not required.
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Comment Letter A1
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Response to Comment Letter A1
California Department of Transportation (Caltrans)
District 7
Miya Edmonson, LDR/CEQA Branch Chief
September 13, 2023
A1-1 The comment consists of an introductory statement and correctly summarizes the project description
for the proposed Project. The comment does not contain any specific concerns related to the adequacy
or accuracy of the environmental analysis in the Draft EIR. No response is required.
A1-2 The comment notes vehicle miles traveled (VMT) as the primary metric in identifying transportation
impacts under CEQA. Section 4.13, Transportation, of the Draft EIR analyzes the Project’s potential
VMT under Threshold 4.13(b), in which it was determined the Project can be screened out of a project-
level analysis due to the Project site’s location in a low VMT-generating area (Draft EIR, pp. 4.13-10
and 4.13-11). Additionally, the comment recommends the encouragement and promotion of
alternative modes of transportation, as well as the implementation of complete streets and pedestrian
safety measures. The Draft EIR addresses the potential for the Project to conflict with any program,
plan, ordinance, or policy that addresses alternative transportation modes under Threshold 4.13(a).
The Draft EIR states the Project would support transit, bicycle, and pedestrian circulation and would
not conflict with any City plans or policies related. As noted in the analysis, the Project is consistent with
the goals and policies contained in the 2020–2045 Regional Transportation Plan/Sustainable
Communities Strategy (RTP/SCS) and the City’s General Plan. For example, the Project would include on-
site bicycle parking and enclosed bicycle storage areas for residents as well as on-site improvements
to support pedestrian connectivity with the City’s Downtown and nearby Arcadia Metro A Line Station
(Draft EIR, p. 4.13-9). The Project site is also located within a transit priority area (TPA) due to close
access to the Arcadia Metro A Line Station and access to bus service provided by LA Metro Routes 179
and 287, along with Foothill Transit Route 187. The comment does not raise any specific environmental
issues related to the adequacy or accuracy of the Draft EIR; therefore, no further response is required.
A1-3 The comment encourages the evaluation and implementation of Transportation Demand Management
(TDM) strategies and Intelligent Transportation Systems (ITS) applications to better manage the City’s
transportation network including transit, bicycle, and pedestrian access. Because the Draft EIR did not
identify any transportation impacts requiring mitigation, the City is not requiring the Project to include
TDM measures. The comment does not contain any specific concerns related to the adequacy or
accuracy of the environmental analysis in the Draft EIR; therefore, no additional analyses or changes
to the Draft EIR are required. This comment is acknowledged and will be taken into consideration by
the City’s decision makers as part of the Final EIR.
A1-4 The comment concurs with the Draft EIR’s determination that the residential component of the Project
would not be screened out from VMT analysis using the Project Type Screening. However, the comment
recommends that the City prepare the additional VMT analysis for this development for Caltrans’
review. Additionally, the comment requests a post-development VMT analysis.
As noted in Response to Comment A1-2 above, the Project is screened from conducting a VMT analysis
due to the Project site’s location in a low VMT-generating area and impacts would be less than
significant (Draft EIR, pp. 4.13-10 and 4.13-11). Therefore, no mitigation is required. The Project also
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meets the intent of Senate Bill 743 and the Office of Planning and Research (OPR) Technical Advisory
on Evaluating Transportation Impacts in CEQA because the Project:
▪ Is an infill development (in part, replacing an existing surface parking lot and an underutilized
building in downtown Arcadia);
▪ Contains a mix of land uses (new residential and restaurant);
▪ Is a high-density development;
▪ Has access to high-quality transit (the Project is located within a half-mile of the Arcadia Metro A
Line Station, and near regional and local bus service);
▪ Includes 9 affordable housing units; and
▪ Includes project design features to reduce vehicle trips, including:
- Secure bicycle parking; and
- On site-amenities such as an outdoor pool area, fire pit, barbeque dining area, game lounge,
lawn area, outdoor plaza, and outdoor passive court
The City’s Guidelines also include three types of VMT screening criteria to determine if a project is
required to perform a project-level VMT assessment: (1) Within a TPA; (2) Low VMT Area Screening; and
(3) Project Type. The analysis under Threshold 4.11(b) of the Draft EIR states the Project would meet
the City’s screening criteria. As detailed in Section 4.13, Transportation, of the Draft EIR, the Project
was screened out of the City’s Guidelines because the Project is:
▪ Located within a TPA;
▪ Located in a low VMT-generating area based on the San Gabriel Valley Council of Governments
screening tool;
▪ Meets the City’s screening criteria for local retail with a restaurant as a local serving land use; and
▪ Within a TPA and in a low VMT-generating area
Given the above, a project-level VMT assessment is not required under the City’s Guidelines. Based on
the OPR Technical Guidance and the City’s VMT screening criteria, it was determined a project-level
VMT analysis is not required and impacts to VMT would be less than significant. The City’s screening
criteria has been developed as part of a regional effort with the San Gabriel Valley Council of
Governments (SGVCOG). As VMT is a regional methodology, the City has been heavily involved in
developing criteria that fit the northwest region of San Gabriel Valley and utilized by adjacent
communities in addition to Arcadia. In an attempt to ensure that transportation impacts are considered
regionally, the City has made a concerted effort to follow the methodology closely, and this Project is a
manifestation of that. To change or modify this methodology is contrary to what has been adopted, and
what is being implemented regionally. As a result, no changes or additions to the project description or
analyses included in the Draft EIR are required. The comment will be provided to the City’s decision
makers for their review and consideration as part of this Final EIR.
A1-5 The comment notes that a letter in response to the NOP dated November 9, 2022, requested a queuing
analysis at the eastbound/westbound off-ramps on I-210 to Huntington Drive and that no queuing
analysis was prepared in the Draft EIR. The comments notes that Caltrans is most interested in the
westbound off-ramps on I-210 to Huntington Drive.
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Additional traffic data was provided to Caltrans on September 22, 2023 (via email) summarizing the
number of potential Project trips estimated to use the I-210 eastbound and westbound off ramps at
Huntington Drive during the morning and afternoon peak hours. The data shows that the Project would
add a total of 5 peak hour trips (AM and PM) to the I-210 eastbound off-ramp and a total of 7 AM peak
hour trips and 12 PM peak hour trips to the I-210 westbound off-ramp. As a follow up to the information
received, Caltrans provided the following response via email on October 3, 2023:
“…This is a follow-up email to Caltrans letter dated September 13, 2023, after we received
additional traffic data (via email from DUDEK, a traffic consultant) at I-210 Off-Ramps and
Huntington Drive. The traffic data shows that there are 5/5 AM/PM peak hour trips at EB I-
210 Off-Ramp to Huntington Drive and 7/12 AM/PM peak hour trips at WB I-210 Off-Ramp
to Huntington Drive. No queuing analysis is necessary at this time. However, if the City is
pro-development in this area with cumulative projects in the future, many trips will be
utilizing the State off-ramps, and queuing analysis may be necessary to disclose the
potential safety impact on the State facilities…”
Therefore, based on the above, no further analysis of the I-210 off-ramps is needed at this time as the
Project would result in a negligible increase in traffic (i.e., queuing) at the specified ramps. The
correspondence to and from Caltrans is provided as Attachment A to this Final EIR.
A1-6 The comment states a Caltrans transportation permit would be required for any heavy construction
equipment and/or materials on State highways. This requirement is noted in the Draft EIR within
Section 3.6.3, Other Permits and Approvals (Draft EIR, pp. 3-15 and 3-16). The comment also
recommends large-size truck trips be limited to off-peak hour commute periods. Mitigation measure
(MM-) TRA-3, as outlined in Section 4.13, Transportation, of the Draft EIR, requires the preparation of
a Construction Traffic Control Plan prior to the issuance of a demolition or grading permit. Included in
the measure is a requirement for the Construction Traffic Control Plan to schedule peak construction
truck traffic to off-peak hours, consistent with the comment’s recommendation (Draft EIR, p. 4.13-16).
The comment does not contain any specific concerns related to the adequacy or accuracy of the
environmental analysis in the Draft EIR; therefore, no further response is required.
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Comment Letter O1
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Response to Comment Letter O1
Lozeau Drury LLP
Supporters Alliance for Environmental Responsibility (“SAFER”)
Richard Drury
August 21, 2023
O1-1 The comment consists of an introductory statement and correctly summarizes the project description
for the proposed Project. The comment does not contain any specific environmental issues related to
the adequacy or accuracy of the Draft EIR; therefore, no further response is required.
O1-2 The comment raises concern for the environmental analysis contained in the Draft EIR and states the
EIR does not impose all feasible mitigation measures to reduce the Project’s impacts. As such, the
comment requests recirculation with a revised Draft EIR. Additionally, the comment notes additional
comments may be made as part of the administrative process. These comments do not identify any
deficiencies in the document or provide evidence to support the assertion.
CEQA Guidelines Section 15088.5, Recirculation of an EIR Prior to Certification, details the thresholds
for recirculation, including when significant new information is added to the EIR after public notice is
given of the availability of the draft EIR but before certification. New information can include a
disclosure showing that a new significant environmental impact would result from the project or from
a new mitigation measure proposed to be implemented, a substantial increase in the severity of an
environmental impacts, a feasible project alternative or mitigation measure considerably different form
others previously analyzed would clearly lessen the environmental impacts of the project (but the
project’s proponents decline to adopt it), or the draft EIR was so fundamentally and basically
inadequate and conclusory in nature that meaningful public review and comment were precluded.
Significant new information, as it is defined in CEQA Guidelines Section 15088.5, has not been added
to this EIR subsequent to its release for public review. No changes have been made to the Project, and
no changes have occurred in the environmental setting such that a new significant impact would occur
or such that a substantial increase in the severity of an impact would occur. No additional data or other
information has been added such that a new significant impact would occur or such that a substantial
increase in the severity of an impact would occur. Additionally, no feasible project alternatives or
mitigation measures considerably different from those in the Draft EIR that would clearly lessen the
environmental impacts of the Project have been identified. Lastly, the Draft EIR is not fundamentally
and basically inadequate and conclusory in nature. The Draft EIR includes extensive environmental
analysis that was conducted by qualified professionals. The Draft EIR discloses a number of significant
impacts that would result from the proposed Project and identifies mitigation that would reduce these
significant impacts below a level of significance. As such, the Draft EIR is not required to be revised
and recirculated, and the comment has not presented evidence to support a need for recirculation.
Section 15204 of the CEQA Guidelines states that “Reviewers should explain the basis for their
comments, and should submit data or references offering facts, reasonable assumptions based on
facts, or expert opinion supported by facts in support of the comments.” This comment states that the
Draft EIR “fails as an informational document” and that it “fails to impose all feasible mitigation
measures.” However, no explanation, examples, or evidence is provided in support of these
statements. As further provided in Section 15204, “When responding to comments, lead agencies
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need only respond to significant environmental issues…” This comment do es not provide evidence, or
reference to, any significant environmental issues associated with the Project, and the claims set forth
in this comment are not supported by any substantial evidence. Substantial evidence must include
“facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts” as
defined in CEQA Guidelines Section 15384.
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Comment Letter O2
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FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-21
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-22
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-23
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-24
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-25
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-26
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-27
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-28
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-29
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-30
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-31
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-32
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-33
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-34
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-35
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-36
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-37
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-38
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-39
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-40
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-41
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-42
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-43
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-44
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-45
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-46
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-47
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-48
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-49
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-50
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-51
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-52
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-53
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-54
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-55
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-56
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-57
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-58
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-59
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-60
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-61
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-62
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-63
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-64
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-65
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-66
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-67
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-68
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-69
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-70
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-71
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-72
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-73
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-74
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-75
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-76
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-77
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-78
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-79
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-80
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-81
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-82
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-83
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-84
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-85
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-86
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-87
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-88
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-89
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-90
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-91
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-92
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-93
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-94
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-95
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-96
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-97
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-98
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-99
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-100
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-101
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-102
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-103
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-104
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-105
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-106
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-107
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-108
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-109
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-110
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-111
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-112
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-113
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-114
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-115
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-116
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-117
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-118
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-119
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-120
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-121
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-122
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-123
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-124
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-125
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-126
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-127
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-128
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-129
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-130
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-131
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-132
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-133
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-134
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-135
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-136
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-137
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-138
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-139
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-140
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-141
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-142
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-143
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-144
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-145
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-146
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-147
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-148
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-149
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-150
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-151
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-152
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-153
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-154
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-155
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-156
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-157
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-158
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-159
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-160
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-161
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-162
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-163
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-164
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-165
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-166
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-167
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-168
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-169
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-170
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-171
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-172
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-173
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-174
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-175
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-176
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-177
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-178
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-179
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-180
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-181
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 2-182
FINAL EIR FOR THE DERBY MIXED-USE PROJECT
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Response to Comment Letter O2
Mitchell M. Tsai , Attorney at Law
Talia Nimmer
Attorneys for Southwest Mountain States
Regional Council of Carpenters
September 19 , 2023
O2-1 The comment consists of an introductory statement. The comment does not raise any specific
environmental issues related to the adequacy or accuracy of the Draft EIR; therefore, no further
response is required.
O2-2 The comment correctly summarizes the project description for the proposed Project. The comment
does not raise any specific environmental issues related to the adequacy or accuracy of the Draft EIR;
therefore, no further response is required.
O2-3 The comment states individual members of the Southwest Carpenters labor union would have the
potential to be directly affected by the Project’s environmental impacts. Additionally, the comment
notes additional comments may be submitted prior to hearings on the Project. The comment does not
raise any specific environmental issues related to the adequacy or accuracy of the Draft EIR; therefore,
no further response is required.
O2-4 The comment requests the City to include local hire requirements for the Project’s construction. The
comment states such requirements could help reduce environmental impacts and provide economic
benefits. This comment is acknowledged and will be taken into consideration by the City’s decision
makers as part of the Final EIR.
Additionally, the comment notes an attached letter by Soil Water Air Protection Enterprise (SWAPE)
dated March 8, 2021, which is included as Comments O2-41 through O2-46. See Responses to
Comments O2-41 through O2-46 for more discussion. The comment does not contain any specific
concerns related to the adequacy or accuracy of the environmental analysis in the Draft EIR. The
analysis in Draft EIR concluded that impacts related to air quality and greenhouse gas emissions
(GHGs) would be less than significant under Section 4.2, Air Quality, and Section 4.6, Greenhouse Gas
Emissions, respectively. In addition, the Draft EIR analyzes the potential trip generation as a result of
the proposed Project under Threshold 4.13(b), which concludes the Project site is located within a low
VMT-generating area. Thus, impacts related to VMT were found to be less than significant.
O2-5 The comment states workforce policies could have environmental benefits given that they improve an
area’s jobs-housing balance, decreasing the amount and length of job commutes and the associated
GHG emissions. The Draft EIR analyzes the Project’s impacts to population and housing in Section 4.11,
Population and Housing. It was determined that the upon operation of the Project, the Project would
facilitate a more balanced jobs-housing profile for the City by adding more housing and jobs to the City
with an existing 1.2:1 jobs to housing ratio. Additionally, the analysis in the Draft EIR determined
construction activities at the Project site would lead to the temporary need for construction workers,
which may come from the City, other areas of the county, or elsewhere within the Southern California
Association of Governments (SCAG) region. Moreover, the Project would involve fairly common
construction requirements that would not require a highly specialized labor force to permanently
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relocate from other regions. Due to the short-term demand, and the site’s location within an urban
metropolitan region with a high diversity of skilled labor available, a permanent need for new workers
to relocate is not anticipated. The comment does not contain any specific concerns related to the
adequacy or accuracy of the environmental analysis in the Draft EIR; therefore, no further response is
required. Similar to Response to Comment O2-4, above, the comment’s request will be provided to the
City’s decision makers as part of the Final EIR.
O2-6 The comment states local hire requirements could help reduce environmental impacts associated with
VMT. As discussed in Responses to Comments O2-4 and O2-5, the Draft EIR determined less than
significant impacts related to VMT and jobs-housing balance, as further detailed in Section 4.11,
Population and Housing, and Section 4.13, Transportation, of the Draft EIR. The comment does not
raise any specific environmental issues related to the adequacy or accuracy of the Draft EIR; therefore,
no further response is required.
O2-7 The comment notes the passage of Assembly Bill (AB) 2011 (Wicks, 2022) as it relates to development
projects along commercial corridors with affordability and labor requirements. The Project is not
proposed under the provisions outlined in AB 2011. The comment does not raise any specific
environmental issues related to the adequacy or accuracy of the Draft EIR; therefore, no further
response is required.
O2-8 The comment summarizes the request for local workforce policies and requirements. As detailed in
Response to Comment O2-4, less than significant impacts were determined as a result of the Draft
EIR’s analysis related to air quality, GHGs, and transportation. The comment does not raise any specific
environmental issues related to the adequacy or accuracy of the Draft EIR; therefore, no further
response is required.
O2-9 The comment raises concern for COVID-19 spread during construction activities and provides
recommendations to the City to reduce public health risk. The comment includes requested
construction site design requirements, testing procedures, and safety planning requirements. As
described in Section 15064(d), CEQA requires the evaluation of physical changes in the environment
which may be caused by the project and does not require analysis of the impacts of the e xisting
environmental conditions on a project’s future users. Additionally, the CEQA Guidelines do not expressly
require public health effects from COVID-19 or any other communicable virus (i.e., influenza,
legionnaires disease) be evaluated as potential impacts to the environment. Such viruses are not
caused or exacerbated by construction projects. If approved, the Project’s construction contractor can
impose requirements for construction personnel to minimize the spread of COVID-19 or any other
communicable virus consistent with their company policy and any local or state requirements that may
be in place at the time. Moreover, compliance with existing protocols from federal, state, and local public
health agencies, including the Los Angeles County Department of Public Health, would address workplace
health and safety. As such, the comment does not raise any specific environmental issues related to
the adequacy or accuracy of the Draft EIR; therefore, no further response is required. The comment’s
request will be provided to the City’s decision makers as part of the Final EIR.
O2-10 The comment states the Draft EIR should be revised and recirculated. However, this comment does not
identify specific deficiencies in the document or provide evidence to support the assertion that the EIR
is inadequate and conclusory, fails to substantiate conclusions, and fails to provide adequate
mitigation measures. CEQA Guidelines Section 15088.5, Recirculation of an EIR Prior to Certification,
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details the thresholds for recirculation. Significant new information, as it is defined in CEQA Guidelines
Section 15088.5, has not been added to this EIR subsequent to its release for public review. No
changes have been made to the Project, and no changes have occurred in the environmental setting
such that a new significant impact would occur or such that a substantial increase in the severity of an
impact would occur. No additional data or other information has been added such that a new significant
impact would occur or such that a substantial increase in the severity of an impact would occur.
Additionally, no feasible project alternatives or mitigation measures considerably different from those
in the Draft EIR that would clearly lessen the environmental impacts of the Project have been identified.
Lastly, the Draft EIR is not fundamentally and basically inadequate and conclusory in nature. The Draft
EIR includes extensive environmental analysis that was conducted by qualified professionals. The Draft
EIR discloses a number of significant impacts that would result from the proposed Project and identifies
mitigation that would reduce these significant impacts below a level of significance. As such, the Draft
EIR is not required to be revised and recirculated, and the commenter has not presented substantial
evidence to support a need for recirculation.
Section 15204 of the CEQA Guidelines states that “Reviewers should explain the basis for their
comments, and should submit data or references offering facts, reasonable assumptions based on
facts, or expert opinion supported by facts in support of the comments.” As further provided in Section
15204, “When responding to comments, lead agencies need only respond to significant environmental
issues…” This particular comment does not provide evidence, or reference to, any significant
environmental issues associated with the Project, and the claims set forth in this comment are not
supported by any substantial evidence. Substantial evidence must include “facts, reasonable
assumptions predicated upon facts, and expert opinion supported by facts” as defined in CEQA
Guidelines Section 15384.
O2-11 The comment states the proposed residential component and land use changes would result in
environmental impacts. The comment further states the Draft EIR considers three alternatives to the
Project without a reduced residential alternative. State CEQA Guidelines Section 15126.6 states, “an
EIR shall describe a range of reasonable alternatives to the project, or to the location of the project,
which would feasibly attain most of the basic objectives of the project but would avoid or substantially
lessen any of the significant effects of the project, and evaluate the comparative merits of the
alternatives.” The analysis in the Draft EIR determined all significant impacts identified would be
reduced to less-than-significant levels with the incorporation of feasible mitigation measures.
Furthermore, the Draft EIR analyzes the Project’s potential impacts associated with the proposed
residential and commercial uses, as well as proposed changes to the General Plan land use designation
and zoning regulations throughout the document. Associated impacts related to traffic, noise, air
quality, and greenhouse gas emissions are discussed in Section 4.2, Air Quality; Section 4.6,
Greenhouse Gas Emissions; Section 4.10, Noise; and Section 4.13, Transportation. No changes to the
environmental analysis contained within the Draft EIR are required as a result of this comment.
O2-12 The comment states that the Draft EIR’s range of alternatives, as well as each alternative, is
inadequate, and specifically states that Alternative A, No Project/No Development, is inadequate due
to the assumption and description of existing conditions is inconsistent with the State CEQA Guidelines.
The comment references CEQA Guidelines Section 15126.6(e)(3)(A), which discusses the no project
alternative when the project is a revision of an existing land use or regulatory plan or policy, and Section
15626.6(e)(3)(B), which discusses the no project alternative when the project is a development plan
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on an identifiable property. The comment excerpts a portion of the description of Alternative A, No
Project/No Development, in the Executive Summary which the commenter believes incorrectly
conflates the two sections. In order to make the text consistent across both the Executive Summary
and Chapter 6, Alternatives, of the Draft EIR, the following passage beginning on page 6-6 of the Draft
EIR is revised as follows:
Section 15126.6(e) of the CEQA Guidelines requires that an EIR evaluate the specific
alternative of “no project” along with its impact. As stated in this section of the CEQA
Guidelines, the purpose of describing and analyzing a no project alternative is to allow decision
makers to compare the impacts of approving a proposed project with the impacts of not
approving a proposed project. As stated in Section 15126.6(e)(3)(A), when a project is the
revision of an existing land use or regulatory plan or policy or an ongoing operation, the no
project alternative will be the continuation of the plan, policy, or operation into the future.
Section 15126.6(e)(3)(B) further states that “in certain instances, the no project alternative
means ‘no build’ wherein the existing environmental setting is maintained.” Accordingly In
accordance with Section 15126.6(e)(3)(B), Alternative A assumes the proposed Project would
not proceed, no new permanent development or land uses would be introduced within the
Project site, and the existing environment would be maintained. The existing uses would
operate with the existing infrastructure in place. The existing commercial uses (i.e., The Derby
restaurant), would remain in place and be operational, the existing surface parking lots would
be retained, and no new buildings or subterranean parking would be constructed. It can also
be assumed that the existing commercial building that was previously occupied by the
Souplantation restaurant would be re-occupied by a similar type use, as the facility is currently
vacant but could be leased to a new tenant. It cannot be known at this time whether the existing
restaurant buildings would be reoccupied in their current form or would be redeveloped based
on economic circumstances; however, for the purposes of this Alternative A, no site
improvements are assumed.
The above revisions are made for consistency purposes across both the Executive Summary and
Chapter 6, Alternatives, of the Draft EIR. The addition o f Section 15126.6(e)(3)(B) properly clarifies
the intent of Alternative A, in accordance with the CEQA Guidelines. The City respectfully disagrees
with the comment’s assertion that Alternative A, No Project/No Development, is misleading, holding
that the no project alternative is an accurate description of what would happen if the project were
not approved. No changes to the environmental analysis contained within the Draft EIR are required
as a result of this comment.
O2-13 The comment states the Draft EIR does not include a reasonable range of alternatives without the
consideration of a reduced residential alternative. Section 6.5.2, Reduced Units/No H7 Special Height
Overlay, of the Draft EIR analyzes the consideration of a Reduced Units/No H7 Special Height Overlay
alternative. This alternative would not include land use changes which would allow for additional height
for development. As such, this alternative could accommodate a maximum of 183 units on the Project
site, which would represent a 14.5 percent decrease when compared to the proposed Project. State
CEQA Guidelines Section 15126.6(f)(1) states regulatory limitations may be taken into account when
addressing the feasibility of alternatives. Although under this alternative the Project would have
provided nine very-low-income residential units (thereby helping to address the state’s housing
affordability needs), the Applicant would not have been afforded the permissible residential density
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increase. Thus, this alternative would have conflicted with the California Density Bonus Law. As a result,
the reduction in height and subsequently reduced total unit count was rejected and not further analyzed
in the Draft EIR.
Furthermore, as stated above in Response to Comment O2-11, State CEQA Guidelines Section 15126.6
states, “an EIR shall describe a range of reasonable alternatives to the project, or to the location of the
project, which would feasibly attain most of the basic objectives of the project but would avoid or
substantially lessen any of the significant effects of the project, and evaluate the comparative merits
of the alternatives”. The analysis in the Draft EIR determined all significant impacts identified would be
reduced to less-than-significant levels with the incorporation of feasible mitigation measures. The
considered but rejected Reduced Units/No H7 Special Height Overlay alternative would be infeasible
due to conflict with State Density Bonus law. Moreover, the Project, as demonstrated throughout the
Draft EIR, would not result in significant unavoidable impacts.
O2-14 The comment asserts that the Draft EIR’s environmental baseline is inflated and therefore flawed. The
baseline for the Draft EIR properly assumed continued operation of The Derby restaurant and
considered the Souplantation building as vacant under existing conditions. Given this, the Draft EIR did
not take credit or net out the potential operations of the Souplantation building. As such, this represents
a conservative assessment for the impact analyses included in the Draft EIR because the difference
between the current conditions and post-Project conditions assume the largest delta of changed
conditions. Moreover, in accordance with Section 15126.6(e)(3)(C) of the CEQA Guidelines, Alternative
A (No Project/No Development) assumed reoccupation of the currently vacant Souplantation building
as a reasonably foreseeable future given that the vacant space could be leased at any time to a similar
use. No changes to the environmental analysis contained within the Draft EIR are required as a result
of this comment. Regarding the Project site’s baseline environmental conditions, see Response to
Comment O2-12, above. No further response is required.
O2-15 The comment states the Draft EIR improperly includes the vacant Souplantation building and
associated parking as part of the Project baseline. The Draft EIR is required to disclose the presence
of physical characteristics of the site. Additionally, regarding Table 2-1 of the Draft EIR, the inclusion of
floor area for the environmental setting is used to inform further analysis contained in Section 4.2, Air
Quality, and Section 4.13, Transportation, for example. Finally, see Response to Comment O2-14,
above, for more discussion regarding the Project site’s baseline environmental conditions.
It should be noted that the comment also cites the inclusion of an attachment to this comment letter
(referred to as Exhibit D, Articles re Closure of Souplantation Restaurants). Exhibit D of Comment Letter
O2 was not submitted with this comment letter.
O2-16 The comment states the Draft EIR’s proposed mitigation measures defer implementation. The
comment is an introductory statement in support of further comments outlined below. See Responses
to Comment O2-17 through O2-29 for more discussion. No further response is required.
O2-17 The comment states that the Draft EIR is not specific on the types of stationary construction equipment
to be used or location of potential staging areas. The mix of construction equipment and staging area
location would be determined as the Project nears construction, based on equipment availability and
need, as well as site conditions. However, assumptions were made to be consistent with the CalEEMod
air quality modeling, as further detailed in Section 4.2, Air Quality, of the Draft EIR. Moreover, as
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discussed in Section 4.10.3.1, Approach and Methodology, aggregate Project construction noise level
exposure at the nearest representative receptor for each of six distinct onsite construction activity sets
or “phases” was predicted for two distance-based scenarios using a spreadsheet-based model
emulating the Federal Highway Administration Roadway Construction Noise Model.
The first of these source-to-receptor distance scenarios is considered a conservative approach to
assess a peak exposure level of the total construction period and when the studied construction activity
is taking place with loudest equipment along the property boundary closest to these nearest off -site
receivers. This “nearest” method also assumes that only one piece of equipment per type within a
studied activity phase would be at these nearest distances; otherwise, most of the equipment would
unrealistically “stack” near the boundary line and not be working other areas of the construction site.
Appendix H-3, Construction Noise Model Worksheets, assumed the use of a crane, generator set, and
welders as examples of stationary equipment which could be used during appropriate construction
phases. As detailed in Appendix H-3, the loudest piece of equipment at 25 feet from the nearest off-
site receiver would represent the most of conservative estimate for construction noise impacts.
The second scenario utilizes the “acoustic centroid” technique to represent a time-averaged location
for the phase equipment, thereby yielding average noise levels to represent overall noise exposure as
experienced for the nearby receiver over the duration of each construction phase. Appendix H -3
displays the construction noise model worksheets, and their input parameters, for each of these
analysis approaches. No changes to the environmental analysis contained within the Draft EIR are
required as a result of this comment.
O2-18 The comment raises concern for the feasibility of MM-NOI-1 in reducing construction noise impacts at
elevated sensitive receptors above ground.
As further detailed in Section 4.10, Noise, of the Draft EIR, a hotel located adjacent to the northern
boundary of the Project site is the nearest noise-sensitive land use. The impact analysis within the Draft
EIR describes anticipated construction equipment, duration, and potential noise effects. The majority
of the construction equipment used for the proposed Project is not expected to have significantly
contributing noise sources higher than the analyzed source height (i.e., roughly 5 feet from ground
level). The one exception to this may be the welders that are expected to be utilized during the building
construction phase. However, the reference Lmax for the welder is over 10 dB lower than the reference
Lmax for the loudest piece of equipment during the building construction phase (i.e., a tractor), and
analyzing the welder at a source height higher than 5 feet and up to the building height of 71 feet does
not result in a cumulative “with barrier” construction noise level greater than 85 dBA during the
aforementioned phase. It is also important to note that the City’s Municipal Code prohibits construction
activities during the nighttime hours and during holidays. This and other provisions, including best
management practices recommended on all City projects, will be required as a condition of approval
for the Project (Draft EIR, p. 4.10-14). For example, construction staging areas will be located as far
from noise-sensitive land uses to the maximum extent feasible and during construction, the contractor
shall ensure all construction equipment is equipped with appropriate noise-attenuating devices; and
idling equipment shall be turned off when not in use. Furthermore, potential construction-related noise
impacts would cease upon the completion of the proposed Project.
Regarding the comment’s assertion that MM-NOI-1 is inadequate, the mitigation measure is designed
to be flexible and practical, which is not a deficiency in the measure itself. Instead, MM-NOI-1 sets forth
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a quantified performance standard for successful reduction in construction -related noise due to the
quantifiable reduction in decibel levels (e.g., 0 to 4 dB) expected to occur when all elements of the
mitigation measure are implemented, including a typical solid barrier, such as field-erected plywood
sheeting and/or suspended acoustical blankets, as supported by Caltrans guidance. MM-NOI-1
requires a clear trigger for compliance and monitoring (i.e., prior to the issuance of a demolition permit)
and states all construction equipment must be in compliance with relevant industry standards and
Cal/OSHA regulations. No changes to the environmental analysis contained within the Draft EIR are
required as a result of this comment.
O2-19 The comment states the Draft EIR does not adequately mitigate potential noise impacts and the
mitigation measure constitutes improper deferral under CEQA. As detailed in Responses to Comments
O2-17 and O2-18, requirements are outlined in MM-NOI-1, which guide the performance standards and
actions necessary to reduce construction noise impacts. See Responses to Comments O2-17 and O2-
18 for more discussion. No further response is required.
O2-20 The comment states the Draft EIR’s conclusion regarding noise impacts during operation is
unsupported and understated. Page 4.10-16 of the Draft EIR outlines the approach and methodology
for operational offsite traffic noise, stating the noise levels are predicted with version 2.5 of the FHWA
Traffic Noise Model. Given this, the predicted change in roadway traffic noise would be less than 2 -3
dBA, or less than significant contribution to existing conditions (Draft EIR, pp. 4.10-19 and 4.10-20).
Additionally, operational noise effects as a result of the inclusion of rooftop HVAC systems is compared
against the City’s 50 dBA Leq noise standard for commercial properties, which is further detailed in
Table 4.10-10, Stationary Operations Noise Modeling Results. Furthermore, aggregate noise emission
from continuously operating outdoor-exposed rooftop HVAC units is expected to be below the City’s
exterior noise threshold of 60 dBA Leq for commercial land uses. For these reasons, the Draft EIR
concluded that operational noise impacts would be less than significant. No changes to the
environmental analysis contained within the Draft EIR are required as a result of this comment.
Regarding the Alternative A and baseline conditions established in the Draft EIR, see Response to
Comment O2-12.
O2-21 This comment represents a conclusionary statement and summary of Comments O2-16 through O2-20.
As demonstrated in Responses to Comments O2-16 through O2-20, the impact analysis related to
noise has been prepared in compliance with CEQA. No changes to the environmental analysis
contained within the Draft EIR are required as a result of these comments. Therefore, revision and
recirculation of the Draft EIR is not warranted.
O2-22 The comment states the Draft EIR defers the transportation-related mitigation measures, MM-TRA-1
through MM-TRA-3. The comment represents an introductory statement in support of further comments
outlined below. See Responses to Comments O2-23 through O2-29 for more discussion. No further
response is required.
O2-23 The comment raises concern for the specificity of MM-TRA-1 in terms of implementation and design.
The mitigation measure is specific in that it details the design requirements necessary to reduce
potentially significant transportation impacts (i.e., extend the eastbound left -turn pocket on E.
Huntington Drive to at least 75 feet). The Draft EIR states on page 4.13 -15 that the left turn pocket
would accommodate the Opening Year (2025) Plus Project and Horizon Year (2040) Plus Project
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conditions, which accounts for cumulative traffic in the study area. MM-TRA-1 provides a clear trigger
for compliance and monitoring (i.e., prior to the issuance of a grading permit , and prior to the
issuance of the certificate of occupancy for The Derby ) and states plans should be prepared and
implemented to the satisfaction of the City’s Public Works Director. Furthermore, the impact analysis
is supported by the queuing analysis included in Appendix J to the Draft EIR. Based on those findings,
a quantifiable pocket length was found to be limited under current conditions, and the available
storage capacity is expected to exceed the needed pocket length with the addition of Project-related
vehicle trips. No changes to the environmental analysis contained within the Draft EIR are required
as a result of this comment.
O2-24 The comment states MM-TRA-3 defers the preparation of the Construction Traffic Control Plan. MM-
TRA-3 requires clear minimum performance standards that must be included to ensure that impacts
would be less than significant, as follows: “The Plan shall be prepared in accordance with applicable
City guidelines and shall address the potential for construction-related vehicular traffic, as well as
pedestrian and bicycle circulation disruption in the public right-of-way. The Plan shall describe safe
detours and shall include protocols for implementing the following: temporary traffic controls (e.g., a
flag person during heavy truck traffic for soil export) to maintain safe pedestrian and traffic flow;
dedicated on-site turn lanes for construction trucks and equipment leaving the site; scheduling of peak
construction truck traffic that affects traffic flow on the arterial system to off-peak hours; consolidation
of truck deliveries; and/or rerouting of construction trucks away from congested streets or sensitive
receptors.” MM-TRA-3 provides a clear trigger for compliance and monitoring (i.e., prior to the issuance
of demolition or grading permits) and states plans should be prepared and submitted to the City for
review and approval, which would be in accordance with applicable City guidelines. No changes to the
environmental analysis contained within the Draft EIR are required as a result of this comment.
O2-25 The comment states the Draft EIR’s conclusion that MM-TRA-1 through MM-TRA-3 would reduce
transportation-related impacts are not supported. This comment is similar to Comments O2-23 and
O2-24. As such, see Responses to Comments O2-23 and O2-24 for more discussion on MM-TRA-1 and
MM-TRA-3. Implementation of MM-TRA-2 is also feasible mitigation and similar to MM-TRA-3, in which
the measure is triggered prior to the issuance of a building permit. As detailed under Threshold 4.13(c),
MM-TRA-1 and MM-TRA-2 would reduce potential impacts related to queuing to a less-than-significant
level. MM-TRA-2 in particular, is designed to limit driver confusion. No changes to the environmental
analysis contained within the Draft EIR are required as a result of this comment.
O2-26 The comment states the transportation-related mitigation measures are not specific and fail to consider
the impacts of the proposed mitigation measures. Please refer to Responses to Comments O2-23 and
O2-25 for more discussion regarding each mitigation measure.
Furthermore, regarding impacts of mitigation measures, the Draft EIR clearly describes the potential
secondary effects of mitigation proposed within Section 5.4, Potential Secondary Effects of Mitigation
Measures. The secondary effects of MM-TRA-1, for example, would require demolition of the existing
median (including removal of up to three City-owned crepe myrtle trees), use of additional building
materials, operation of construction equipment, and consumption of non-renewable resources. The
anticipated improvements to the median would consist of minor alterations to an existing median that
would not result in the creation of a new lane or otherwise result in substantial changes that could
result in a significant environmental impact. Additionally, potential effects associated with
reconfiguration of the median are addressed throughout this Draft EIR, including in Sections 4.1,
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Aesthetics, 4.2, Air Quality, 4.4, Energy, 4.9 Land Use and Planning, and 4.13, Transportation.
Therefore, although MM-TRA-1 would result in physical changes to the environment, these impacts
were assessed in this Draft EIR, and the mitigation would not result in additional secondary significant
effects on the environment (Draft EIR, p. 5-8). Similar discussions and conclusions for MM-TRA-2 and
MM-TRA-3 are detailed in Section 5.4, Potential Secondary Effects of Mitigation Measures, of the Draft
EIR. Given this, no changes to the environmental analysis contained within the Draft EIR are required
as a result of this comment.
O2-27 The comment states the Draft EIR’s project description is not complete without discussion of the
proposed reconfigurations to be implemented under MM-TRA-1. This comment is similar to Comment
O2-26. As such, see Response to Comment O2-26 for more discussion regarding MM-TRA-1. Moreover,
the Draft EIR fully satisfies the requirements outlined in Section 15124 of the State CEQA Guidelines
which provides guidance on project descriptions in EIRs. Given this, no changes to the environmental
analysis or project description are required as a result of this comment.
O2-28 This comment represents a conclusionary statement and summary of Comments O2-23 through O2-
27. As demonstrated in Responses to Comments O2-23 through O2-27, the impact analysis related to
transportation has been prepared in compliance with CEQA. No changes to the environmental analysis
contained within the Draft EIR are required as a result of these comments. Therefore, revision and
recirculation of the Draft EIR is not warranted.
O2-29 The comment states the proposed reconfiguration of the median under MM-TRA-1 is piecemealing.
Piecemealing or segmenting is referred to as dividing a project into two or more pieces and evaluating
each piece in a separate environmental document, rather than evaluating the whole of the project in
one environmental document. The implementation of MM-TRA-1 would not be considered piecemealing
as it is a part of the proposed Project and analyzed within the Draft EIR (as described in Response to
Comment O2-26). Furthermore, regarding adding the proposed reconfiguration of the median to the
project description, see Response to Comment O2-27. No changes to the environmental analysis or
project description are required as a result of this comment.
O2-30 The comment is introductory in nature and states the analysis contained in the Draft EIR is insufficient.
The comment does not raise any specific environmental issues related to the adequacy or accuracy of
the Draft EIR. No response is required.
O2-31 The comment states that no asbestos or lead testing has been conducted on the Project site. As noted
in the comment, MM-HAZ-1 would require a Hazardous Building Materials Survey to be completed by a
qualified environmental specialist prior to the issuance of a demolition permit for any existing on-site
structures. Testing for hazardous building materials is typically conducted prior to demolition of
buildings. The materials identified are heavily regulated as indicated by the mitigation measure via the
U.S. Environmental Protection Agency, Occupational Safety and Health Administration, California
Occupational Safety and Health Administration, the South Coast Air Quality Management District; and
through the Metallic Discards Act of 1991. As such, the comment’s concern for disclosure of potentially
hazardous materials will be conducted in accordance with federal, state, and local regulations.
Implementation of MM-HAZ-1 ensures the regulatory procedures and precautions will be followed.
Given this, no changes to the environmental analysis are required as a result of this comment.
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O2-32 The comment raises concern for the findings contained in the Phase I Environmental Site Assessment
(ESA) and Phase II ESA for 301 E. Huntington Drive , particularly related to the Phase I ESA’s
identification of the former fuel/service station site as a recognized environmental condition (REC)
and the assertion that no documentation was found regarding the removal of the fuel underground
storage tanks (USTs) and dispensers used by the service station. The comment also states that the
removal of USTs needs to be included as part of the proposed Project. To further evaluate the REC
on the site, a Phase II ESA was prepared for 301 E. Huntington Drive, included as Appendix F -3 of
the Draft EIR. The Phase II ESA included investigations and testing that found no suspect UST cavities
and no suspect buried pipes other than existing utilities. Thus, there is no indication that there are
any USTs beneath the Project site. Given this, no changes to the environmental analysis are required
as a result of this comment.
O2-33 The comment notes the findings in the Phase I ESA conducted for 233 E. Huntington Drive did not
identify RECs in connection with the property despite knowing of the service station formerly on the
adjacent parcel at 301 E. Huntington Drive. As noted above in Response to Comment O2-32, the Phase
II ESA for 301 E. Huntington Drive included additional testing for the presence of USTs and soil
contamination but did not find any evidence to suggest the presence of an UST. Soil and soil vapor
were sampled as part of the Phase II investigation, and revealed no detectable levels of chemicals of
concern, as discussed in the Draft EIR (p. 4.7-18). Given this, no changes to the environmental analysis
are required as a result of this comment.
O2-34 The comment states the Phase I ESAs conducted for each property relied on outdated definitions
related to regulations on hazardous materials. The Phase I ESA for 233 E. Huntington Drive was
completed in 2019 when the ASTM Standard 1527-13 was relevant. Therefore, it is appropriate that
the Phase I ESA used language appropriate for the standard at the time.
Similar to Comment O2 -33, this comment raises concern for the former gas station on the eastern
portion of the Project site , located at 301 E. Huntington Drive. Additionally, the Draft EIR utilized a
number of documents prepared for the eastern portion of the Project site at 301 E. Huntington
Drive, including the 2021 Phase I ESA, the 2021 Phase II ESA, the 1988 Site Investigation prepared
by Converse Environmental Consultants California , and 1990 Tank Removal Correspondence from
Ami Adini & Associates to the City of Arcadia Redevelopment Agency . These documents were
analyzed together, along with the 2019 Phase I ESA for 233 E. Huntington Drive to evaluate the
Project site conditions.
As stated above, the 2019 Phase I ESA uses appropriate language for the standard at the time of
preparation. An updated Phase I ESA is not required for the purposes of the Draft EIR. Rather, the Draft
EIR uses the entire document history (two Phase I ESAs, a Phase II ESA, a Site Investigation, and Tank
Removal Correspondence), along with a current review of Cortese List sites and a current agency file
review to evaluate the Project site conditions and analyze potential impacts related to hazardous
materials. As such, the impact analysis contained in the Draft EIR determined less than significant
impacts would occur with the incorporation of mitigation measures. Given this, no changes to the
environmental analysis are required as a result of this comment.
O2-35 The comment states the Phase II ESA for 301 E. Huntington Drive is inadequate as the number of
borings was insufficient, did not include investigation of 233 E. Huntington Drive, and did not include
records related to the removal of UTSs associated with the former service station.
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Because the former gas station had occurred on the 301 E. Huntington Drive site, and not at 233 E.
Huntington Drive, the REC was tied to that address. As the Phase II for 301 E. Huntington Drive
identified a lack of evidence of any UST and no detectable levels of chemical contamination in the soil
or soil vapor, it would not be expected that additional sampling or testing would need to be done to an
adjacent property. If any evidence of an UST or chemical contamination existed, they would be expected
on the site that housed the former use. And if not at the former site, there is no reason to suspect that
the RECs would be present on an adjacent site.
This comment requests a new Phase II ESA to be conducted due to the number of borings on the
eastern portion of the Project site. However, the number of samples is only considered in the Phase II
ESA whereas the Draft EIR considers the Site Investigation and Tank Removal Correspondence, as
discussed above in Response to Comment O2-34. These documents are discussed in the Draft EIR and
demonstrate that in addition to the four borings from the Phase II ESA, 22 soil samples were collected
from the assumed gas station location in 1988 and four soil samples were collected from the assumed
former auto repair area. Further, the Draft EIR discusses how grading activities in the assumed area of
the former gas station during construction of the Souplantation building uncovered and removed two
waste oil underground storage tanks and additional soil samples were collected. Including the 10
samples from four borings collected during the Phase II ESA, a total of 51 soil samples have been
collected from the eastern portion of the Project site. Additionally, three sub-slab soil vapor samples
were collected beneath the Souplantation building during the Phase II ESA. As such, the collection of
sources considered for the Draft EIR’s impact analysis exceeds the four borings cited in the comment.
Additionally, while it is true that removal documentation for the gasoline USTs has not been located,
the Draft EIR includes MM-HAZ-2, which would require a Soil Management Plan (SMP). The SMP would
include monitoring for potentially-impacted soils during the potential removal of soil from the majority
of the Project site to a depth of approximately 14 feet. The SMP requires monitoring for volatile organics
during excavation to protect construction workers and the public. Moreover, the soil from the Project
site would be removed from the site, thereby eliminating any contamination concerns associated with
the limited shallow TPH impacts identified during the prior soil sampling conducted at the site. Further,
removal of soil from the site to approximately 14 feet depth would result in the identification and
removal of a potential remnant UST from the site. Given this, no changes to the environmental analysis
are required as a result of this comment.
O2-36 The comment is introductory in nature and states the analysis contained in the Draft EIR is insufficient
related to General Plan consistency. The comment does not raise any specific environmental issues
related to the adequacy or accuracy of the Draft EIR. No response is required.
O2-37 The comment states the Draft EIR does not analyze the consistency of the Project’s requested
entitlements. The Draft EIR analyzes consistency with applicable land use plans, policies, and
regulations, including SCAG’s Connect SoCal, the City’s General Plan, and the City’s Municipal Code, as
demonstrated in Table 4.9-1 and Table 4.9-2 (Draft EIR, pp. 4.9-10 through 4.9-47). Regarding the
excerpt cited in the comment, the Draft EIR concluded that all other provisions related to the Municipal
Code (e.g., building and fire code regulations) would be reviewed to ensure compliance. The Project
would not change these provisions of the Municipal Code. Instead, the Project requests a Zone Change,
which the impact analysis demonstrates consistency with zoning provisions codified for the purposes
of avoiding or mitigating potential environmental effects. Moreover, the example on height provided by
the comment is analyzed throughout the Draft EIR, including Section 4.1, Aesthetics. Finally, upon the
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approval of the requested entitlements, the Project would be consistent and permissible for
construction and operation on the Project site. Additionally, the proposed Project’s General Plan
Amendment and zone change proposal are consistent with the City’s intended uses on the property, as
the City's approved Housing Element would update the land use and zoning on the property to match
what is currently being requested by the Project applicant. No changes to the environmental analysis
are required as a result of this comment.
O2-38 Regarding the comment on piecemealing, see Response to Comment O2-29. Regarding the comment
on consistency with the Circulation [and Infrastructure] Element, the Draft EIR includes a consistency
analysis on this element’s applicable goals and policies in Table 4.9-2 (Draft EIR, pp. 4.9-24 through
4.9-33). Moreover, the potential impacts related to the implementation of MM-TRA-2 is analyzed in the
consistency analysis for General Plan Policy LU-2.1, in which it was found to not conflict. No changes
to the environmental analysis are required as a result of this comment.
O2-39 The comment states the Draft EIR’s findings on biological resources are inadequate. Regarding the
type of trees proposed to be removed and impacted, see Table 2, Summary of Tree Impact
Determinations, of Appendix B, Arborist Report, of the Draft EIR for more information.
Regarding the potential air quality impacts associated with tree removal, Section 15064(e) of the State
CEQA Guidelines states economic and social changes resulting from a project are not treated as
significant effects on the environment. As such, the air quality benefits of trees to the existing condition
are not analyzed within the scope of the environmental analysis. However, the potential air quality
impacts of the Project’s construction, including the removal of trees, are captured in Section 4.2, Air
Quality, of the Draft EIR.
Regarding the comment’s concern for nesting birds, the Draft EIR states on page 5-11, “All
development activities are subject to the requirement to protect nesting birds, in compliance with the
Migratory Bird Treaty Act and Sections 3503, 3503.5, and 3513 of the California Fish and Game Code,
which prohibits the accidental or ‘incidental’ taking or killing of migratory birds. The Project would be
required to comply … by preventing the disturbance of nesting birds during Project construction
activities. This would generally involve clearing the Project site of all vegetation outside the nesting
season (from September 1 through January 31) or if construction would commence within the nesting
season (which generally runs from February 1 through August 31 and as early as February 1 for raptors),
conducting a pre-construction nesting bird survey to determine the presence of nesting birds or active
nests at the Project site. Any active nests and nesting birds must be protected from disturbance by
construction activities through buffers between nest sites and construction activities. The buffer areas
may be removed only after the birds have fledged. No impacts would occur.” As such, the impact
analysis contained within the Draft EIR determined a potential impact to biological resources and, in
accordance with existing law, pre-construction nesting bird survey would adequately identify whether
nesting birds rely upon the Project site’s trees.
Regarding the comment’s request for mitigation due to the loss of trees, as described in the Draft EIR,
the Project would be required to obtain a permit prior to the removal of any protected trees and in
accordance with the City’s Development Code, the necessary replacement would be determined. As
detailed on page 5-11 of the Draft EIR, none of the on-site trees are protected. In addition, one (1) off-
site City owned street located on Huntington Drive would be removed and, and six (6) City owned trees
within the public right-of-way along Huntington Drive would be encroached upon. According to Division
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10, Section 9110.01, Tree Preservation, of the City’s Development Code, a permit is required prior to
removal of any protected tree, as well as prior to any encroachment into the protected zone of any
protected tree. In accordance with Sections 9110.01.080 of Development Code, replacement of the
one (1) protected street tree shall be determined by the Director of Public Works. Therefore, existing
regulations would reduce potential impacts to the loss of trees on site.
The comment states the Project cannot rely on regulatory compliance to sufficiently reduce potential
impacts. These regulations are standard and enforceable measures that would either be conducted by
qualified professionals or ensured through the City’s code enforcement policies and procedures.
O2-40 This comment provides a summary and conclusionary statement of the above Comments O2-1 through
O2-39. As demonstrated in Responses to Comments O2-1 through O2-39, the Draft EIR is adequate
and recirculation is not required.
O2-41 The comment provides an introduction to a technical report (“Local Hire Requirements and
Considerations for Greenhouse Gas Modeling” by SWAPE), which discusses local hire requirements and
GHG modeling. The comment does not raise any specific environmental issues related to the adequacy
of the Draft EIR; therefore, no further response is required.
O2-42 The comment explains how the California Emissions Estimator Model (CalEEMod) calculates emissions
from construction-related vehicle trips and discusses the relationship between trip length and GHG
emissions. The comment does not raise any specific environmental issues related to the adequacy or
accuracy of the Draft EIR; therefore, no further response is required.
O2-43 The comment explains how CalEEMod estimates default construction-related worker trips, and the
difference in trip lengths for urban and rural project locations. Generally, the comment addresses the
assumptions used to quantify the relationship between worker trip length and local hire requirements.
The comment does not raise any specific environmental issues related to the adequacy or accuracy of
the Draft EIR; therefore, no further response is required.
O2-44 The comment provides an example of a local hire requirement for an example project and how it
impacts the GHG emissions associated with the example project. The comment does not raise any
specific environmental issues related to the adequacy or accuracy of the Draft EIR; therefore, no further
response is required.
The comment concludes that the exercise in this technical report serves as an example of the potential
impacts of local hire requirements on estimated project-level GHG emissions, though it does not
indicate that local hire requirements would result in reduced construction-related GHG emission for all
projects. The comment does not raise any specific environmental issues related to the adequacy or
accuracy of the Draft EIR; therefore, no further response is required.
O2-45 This comment includes a disclaimer for the technical preparer, SWAPE. The comment indicates that as
additional information is made available, SWAPE may amend the technical report. The comment does
not raise any specific environmental issues related to the adequacy or accuracy of the Draft EIR;
therefore, no further response is required.
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O2-46 This comment consists of supporting evidence and modeling outputs as well as each curriculum vitae
(CV) for the preparers of the SWAPE attachment (included as Comments O2-40 through O2-45, above).
The comment does not raise any specific environmental issues related to the adequacy or accuracy of
the Draft EIR; therefore, no further response is required.
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3 Changes to the Draft EIR
3.1 Introduction
The comments received on The Derby Mixed-Use Project during the public review period for the Draft EIR included
information that has resulted in several minor revisions to the text of the Draft EIR. Additionally, typographical errors
have been identified in the Draft EIR. These revisions are shown below and are categorized by section number and
page number. Errors which require multiple revisions throughout the Draft EIR are categorized at the beginning of
Section 3.2, Errata, below, with a summary of the change and subsequent section number and page number
provided. Text from the Draft EIR that has been removed is shown in bold strikethrough (i.e., strikethrough), and
text that has been added as part of the Final EIR is shown as bold underlined (i.e., underline). Revisions are shown
with surrounding sentences for context. These errata merely clarify and corrects minor facts and does not constitute
“substantial revisions” or significant new information, that in accordance with CEQA Guidelines, Section 15088.5,
would trigger the need to recirculate portions or all of the Draft EIR.
3.2 Errata
Typographical Errors
Table ES -1, Summary of Project Impacts, Pages ES -7 and ES -8
The following revision was made to correct City department reference.
MM-CUL-1 Prior to commencement of construction activities, an inadvertent discovery clause, written
by an archaeologist, shall be added to all construction plans associated with ground
disturbing activities and the Project applicant shall retain a qualified archaeologist, meeting
the Secretary of the Interior’s Professional Qualification Standards for Archaeology, to
prepare a Worker Environmental Awareness Program (WEAP). The WEAP shall be submitted
to the City of Arcadia Planning and Community Development Services Department (City) for
review and approval. All construction personnel and monitors shall be presented the WEAP
training prior to the start of construction activities. The WEAP shall be prepared to inform all
personnel working on the Project about the archaeological sensitivity of the area, to provide
specific details on the kinds of archaeological materials that may be identified during
construction, to explain the importance of and legal basis for the protection of significant
archaeological resources, and to outline the actions to be taken in the event of a discovery
of cultural resources. Each worker shall also learn the proper procedures to follow in the
event that cultural resources or human remains are uncovered during ground-disturbing
activities. These procedures include work curtailment or redirection, and the immediate
contact of the site supervisor and archaeological monitor.
The WEAP shall require that a qualified archaeologist be retained and on-call to respond
to and address any inadvertent discoveries identified during initial excavation in native
soils, which underly the 2-4 feet below ground surface of artificial fill soils. As it pertains to
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archaeological monitoring, this definition excludes movement of sediments after they have
been initially disturbed or displaced by project-related construction.
If potential archaeological resources (i.e., sites, features, or artifacts) are exposed during
construction activities for the Project, the City shall be notified and all construction work
occurring within 50 feet of the find shall immediately stop until a qualified archaeologist
can evaluate the significance of the find and determine whether or no t additional study is
warranted. The archaeologist shall be empowered to temporarily stop or redirect grading
activities to allow removal of abundant or large artifacts. Depending upon the significance
of the find under the California Environmental Quality Act (CEQA) (14 CCR 15064.5[f]; PRC,
Section 21082), the archaeologist may simply record the find and allow work to continue.
If the discovery proves significant under CEQA, additional work, such as preparation of an
archaeological treatment plan and data recovery, may be warranted. The archaeologist
shall also be required to curate any discovered specimens in a repository with permanent
retrievable storage and submit a written report to the City of Arcadia for review and
approval prior to occupancy of the first building on the site. Once approved, the final report
shall be filed with the South-Central Coastal Information Center (SCCIC).
Section 1.3.3, Public Review Period of the Draft EIR, Page 1 -6
The following revision was made to correct the public review period as noticed.
Upon completion, the Draft EIR was distributed to responsible and trustee agencies, other affected
agencies, bordering municipalities, interested parties, and all parties who requested a copy of the Draft
EIR in writing in accordance w ith CEQA. A notice announcing the availability (Notice of Availability [NOA])
of the Draft EIR was published in the Arcadia Weekly. The 45 -day public review period of the Draft EIR
begins on Friday, July 21, 2023 and ends on Tuesday, September 5, 2023 August 4, 2023 and ends on
September 19, 2023 . Comments on the Draft EIR from public agencies (including responsible and
trustee agencies), bordering municipalities, interested parties, and the public are accepted during the
45-day public review period.
Sectio n 4.7.6 , Mitigation Measures , Page 4.7 -26
The following revision was made to ensure consistency with City department references.
MM-HAZ-1 Hazardous Building Materials Survey. Prior to the issuance of a demolition permit for any
existing on-site structures, a qualified environmental specialist shall conduct a survey for
asbestos-containing materials, lead-based paint, polychlorinated biphenyls, mercury, and
other hazardous building materials, such as universal wastes and refrigerants, to document
the presence of any potentially hazardous materials within the structures. If survey results
are positive, all potentially hazardous materials identified as part of this survey shall be
handled and disposed in accordance with the federal and state hazardous waste and
universal waste regulations. Demolition plans and contract specifications shall incorporate
any necessary abatement measures in compliance with the findings of the hazardous
building materials survey and federal, state, and local regulations, including those of the U.S.
Environmental Protection Agency (which regulates disposal), Occupational Safety and Health
Administration, California Occupational Safety and Health Administration (which regulates
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employee exposure), the South Coast Air Quality Management District, and the Metallic
Discards Act of 1991 (Public Resources Code, Section 42160 et seq.), particularly Public
Resources Code, Section 42175, Materials Requiring Special Handling, for the removal of
mercury switches, PCB-containing ballasts, and refrigerants. Upon completion of
construction activities, proof of proper handling and disposal shall be provided to the City’s
Public Works Services Department.
Section 4.15.6, Mi tigation Measures, Page 4.15-30
The following revision was made to ensure consistency with City department references.
MM-UTL-1 Sewer Upgrade Fair Share Payment. Prior to issuance of a Certificate of Occupancy
permit for the Project, the Applicant/Property Owner shall make a fair share contribution
of 9 percent of the Fifth Avenue sewer upgrade project cost, not to exceed $108,000, to
the City to help fund upgrading of the sewer line in Fifth Avenue. The Fifth Avenue Sewer
Upgrade Project will be included in the City’s 2024-25 Capital Improvement Plan budget
and the work will be completed by the City’s Public Works Services Department by the end
of the 2024-25 Fiscal Year. This measure shall be implemented to the satisfaction of the
City Engineer and/or the City Public Works Services Department as appropriate.
Section 6.6.1, Alternative A – No Project/No Development , Page 6 -6
The following clarifying revision was made in response to comments.
Section 15126.6(e) of the CEQA Guidelines requires that an EIR evaluate the specific alternative of “no
project” along with its impact. As stated in this section of the CEQA Guidelines, the purpose of describing
and analyzing a no project alternative is to allow decision makers to compare the impacts of approving a
proposed project with the impacts of not approving a proposed project. As stated in Section
15126.6(e)(3)(A), when a project is the revision of an existing land use or regulatory plan or policy or an
ongoing operation, the no project alternative will be the continuation of the plan, policy, or operation into
the future. Section 15126.6(e)(3)(B) further states that “in certain instances, the no project alternative
means ‘no build’ wherein the existing environmental setting is maintained.” Accordingly In accordance with
Section 15126.6(e)(3)(B), Alternative A assumes the proposed Project would not proceed, no new
permanent development or land uses would be introduced within the Project site, and the existing
environment would be maintained. The existing uses would operate with the existing infrastructure in place.
The existing commercial uses (i.e., The Derby restaurant), would remain in place and be operational, the
existing surface parking lots would be retained, and no new buildings or subterranean parking would be
constructed. It can also be assumed that the existing commercial building that was previously occupied by
the Souplantation restaurant would be re-occupied by a similar type of use, as the facility is currently vacant
but could be leased to a new tenant. It cannot be known at this time whether the existing restaurant
buildings would be reoccupied in their current form or would be redeveloped based on economic
circumstances; however, for the purposes of this Alternative A, no site improvements are assumed.
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INTENTIONALLY LEFT BLANK
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4 Mitigation Monitoring and
Reporting Program
California Public Resources Code Section 21081.6 requires that, upon certification of an environmental impact
report (EIR), “the public agency shall 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. The
reporting or monitoring program shall be designed to ensure compliance during project implementation.”
This chapter contains the mitigation monitoring and reporting program (MMRP) that has been developed for The
Derby Mixed-Use Project (Project). This MMRP has been developed in compliance with Public Resources Code
Section 21081.6 and Section 15097 of the State CEQA Guidelines. The mitigation measures in the table are coded
by alphanumeric identification consistent with the EIR. The following items are identified for each mitigation
measure (MM):
▪ Mitigation Monitoring. This section of the MMRP lists the stage of the proposed Project during which the
mitigation measure would be implemented and the stage during which proper implementation would be
monitored and verified. It also lists the agency that is responsible for ensuring that the mitigation measure
is implemented and that it is implemented properly.
▪ Verification of Compliance. This section of the MMRP provides a location for the implementing party
and/or enforcing agency to make notes and to record their initials and the compliance date for each
mitigation measure.
The City of Arcadia (City) must adopt this MMRP, or an equally effective program, if it approves the proposed Project
with the mitigation measures that were adopted or made conditions of Project approval.
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Table 4-1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Mitigation Monitoring
Implementation Timing
Party Responsible for
Implementation
Agency Responsible for
Monitoring
Implementation
Cultural Resources
MM-CUL-1. Prior to commencement of construction activities, an
inadvertent discovery clause, written by an archaeologist, shall
be added to all construction plans associated with ground
disturbing activities and the Project Applicant shall retain a
qualified archaeologist, meeting the Secretary of the Interior’s
Professional Qualification Standards for Archaeology, to prepare
a Worker Environmental Awareness Program (WEAP). The WEAP
shall be submitted to the City of Arcadia Development Services
Department (City) for review and approval. All construction
personnel and monitors shall be presented the WEAP training
prior to the start of construction activities. The WEAP shall be
prepared to inform all personnel working on the Project about
the archaeological sensitivity of the area, to provide specific
details on the kinds of archaeological materials that may be
identified during construction, to explain the importance of and
legal basis for the protection of significant archaeological
resources, and to outline the actions to be taken in the event of
a discovery of cultural resources. Each worker shall also learn
the proper procedures to follow in the event that cultural
resources or human remains are uncovered during ground-
disturbing activities. These procedures include work curtailment
or redirection, and the immediate contact of the site supervisor
and archaeological monitor.
The WEAP shall require that a qualified archaeologist be
retained and on-call to respond to and address any inadvertent
discoveries identified during initial excavation in native soils,
which underly the 2-4 feet below ground surface of artificial fill
soils. As it pertains to archaeological monitoring, this definition
Prior to commencement
of construction activities;
During construction
activities
Project
Applicant/Developer;
Project qualified
archaeologist for
preparation of a Worker
Environmental Awareness
Program (WEAP)
City of Arcadia Planning
and Building Divisions
4.0 – MITIGATION MONITORING AND REPORTING PROGRAM
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Table 4-1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Mitigation Monitoring
Implementation Timing
Party Responsible for
Implementation
Agency Responsible for
Monitoring
Implementation
excludes movement of sediments after they have been initially
disturbed or displaced by project-related construction.
If potential archaeological resources (i.e., sites, features, or
artifacts) are exposed during construction activities for the
Project, the City shall be notified and all construction work
occurring within 50 feet of the find shall immediately stop until a
qualified archaeologist can evaluate the significance of the find
and determine whether or not additional study is warranted. The
archaeologist shall be empowered to temporarily stop or redirect
grading activities to allow removal of abundant or large artifacts.
Depending upon the significance of the find under the California
Environmental Quality Act (CEQA) (14 CCR 15064.5[f]; PRC,
Section 21082), the archaeologist may simply record the find
and allow work to continue. If the discovery proves significant
under CEQA, additional work, such as preparation of an
archaeological treatment plan and data recovery, may be
warranted. The archaeologist shall also be required to curate
any discovered specimens in a repository with permanent
retrievable storage and submit a written report to the City of
Arcadia for review and approval prior to occupancy of the first
building on the site. Once approved, the final report shall be filed
with the South-Central Coastal Information Center (SCCIC).
Geology and Soils
MM-GEO-1. In the event that paleontological resources (e.g.,
fossils) are exposed during construction activities for the Project,
all construction work occurring within 50 feet of the find shall
immediately stop until a Qualified Paleontologist meeting
Society of Vertebrate Paleontology (SVP 2010) standards can
evaluate the significance of the find and determine whether or
not additional study is warranted. If the discovery is clearly not
Prior to any grading
activity; During grading
activities
Project
Applicant/Developer;
Project paleontologist for
preparation of a
Paleontological Resources
Impact Mitigation Program
City of Arcadia Planning
and Building Divisions
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Table 4-1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Mitigation Monitoring
Implementation Timing
Party Responsible for
Implementation
Agency Responsible for
Monitoring
Implementation
significant, the paleontologist may document the find and allow
work to continue. If significant paleontological resources are
discovered during earthmoving activities, the qualified
paleontologist shall prepare and submit a Paleontological
Resources Recovery Plan (PRRP) to the City for review and
approval. The recovery plan shall include, but is not limited to,
sampling and fossil recovery procedures, museum curation for
any scientifically significant specimen recovered, and a report of
findings. Recommendations in the PRRP as approved by the City
shall be implemented before construction activities can resume
at the site where the significant paleontological resources were
discovered. Any reports and plans resulting from implementation
of this measure shall be submitted to City Planning Division and
filed with the Natural History Museum of Los Angeles County.
(PRIMP) and
preconstruction meeting
Hazards and Hazardous Materials
MM-HAZ-1. Hazardous Building Materials Survey. Prior to the
issuance of a demolition permit for any existing on-site
structures, a qualified environmental specialist shall conduct a
survey for asbestos-containing materials, lead-based paint,
polychlorinated biphenyls, mercury, and other hazardous
building materials, such as universal wastes and refrigerants, to
document the presence of any potentially hazardous materials
within the structures. If survey results are positive, all potentially
hazardous materials identified as part of this survey shall be
handled and disposed in accordance with the federal and state
hazardous waste and universal waste regulations. Demolition
plans and contract specifications shall incorporate any
necessary abatement measures in compliance with the findings
of the hazardous building materials survey and federal, state,
and local regulations, including those of the U.S. Environmental
Protection Agency (which regulates disposal), Occupational
Prior to the issuance of a
demolition permit
Project
Applicant/Developer
City of Arcadia Planning
and Building Divisions
4.0 – MITIGATION MONITORING AND REPORTING PROGRAM
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Table 4-1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Mitigation Monitoring
Implementation Timing
Party Responsible for
Implementation
Agency Responsible for
Monitoring
Implementation
Safety and Health Administration, California Occupational Safety
and Health Administration (which regulates employee exposure),
the South Coast Air Quality Management District, and the
Metallic Discards Act of 1991 (Public Resources Code, Section
42160 et seq.), particularly Public Resources Code, Section
42175, Materials Requiring Special Handling, for the removal of
mercury switches, PCB-containing ballasts, and refrigerants.
Upon completion of construction activities, proof of proper
handling and disposal shall be provided to the City’s Public
Works Services Department.
MM-HAZ-2. Contaminated Soil Management. Prior to the
issuance of a grading permit, the Project Applicant/Developer
shall retain a qualified environmental professional to prepare a
soil management plan (SMP) that outlines the proper screening,
handling, characterization, transportation, and disposal
procedures for contaminated soils on site based on the findings
of the site-specific conditions, geophysical surveys, and Phase I
and II Environmental Site Assessments, and shall identify any
areas of known or suspected soil contamination. The SMP shall
be provided to the City Development Services Department for
review prior to any site grading. The Project’s contractor shall
ensure implementation of the SMP through the contract
specifications for all confirmed and suspected contaminated
soils which require excavation and offsite disposal. The SMP
shall include health and safety and training procedures for
construction workers who may come into contact with
contaminated soils. The health and safety procedures shall
include periodic breathing zone monitoring for volatile organic
compounds (VOCs) using a handheld organic vapor analyzer and
include required actions to be taken if concentrations of VOCs
exceed applicable screening levels for health and safety of
Prior to the issuance of a
grading permit; During
construction activities
Project
Applicant/Developer;
Project Contractor for
preparation of a Soil
Management Plan (SMP)
City of Arcadia Planning
and Building Divisions
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Table 4-1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Mitigation Monitoring
Implementation Timing
Party Responsible for
Implementation
Agency Responsible for
Monitoring
Implementation
onsite workers and the public. The SMP shall also include
instructions for the identification of potentially-impacted soils,
procedures for temporary cessation of construction activity and
evaluation of the level of environmental concern if potentially-
impacted soils or underground storage tanks are encountered,
procedures for characterizing and managing potentially-
impacted soils, and follow-up procedures such as disposal and
reporting, as necessary. Contaminated soil shall be managed
and disposed of in accordance with applicable federal, state,
and local regulations. Upon completion of construction activities,
proof of compliance with the SMP shall be provided to the City’s
Development Services Department.
Noise
MM-NOI-1. Prior to the issuance of a demolition permit, the
Project Applicant/Developer shall ensure that the following
measures are included in the construction contractor’s contract
specifications and that the following measures are implemented
and monitored for compliance throughout construction:
▪ All construction equipment must have supplier-approved
sound muffling devices (e.g., engine air intake or exhaust
treatment) installed and used in compliance with relevant
industry standards and Cal/OSHA regulations pertaining to
construction noise, which shall be properly maintained and
used at all times such equipment is in operation.
▪ The construction contractor shall place stationary
construction equipment so that emitted noise is directed
away from sensitive receptors nearest the Project site,
including the hotels located adjacent to the northern and
northwestern boundaries of the Project site.
Prior to the issuance of a
demolition permit; During
demolition and
construction activities
Project
Applicant/Developer
City of Arcadia Planning
and Building Divisions
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Table 4-1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Mitigation Monitoring
Implementation Timing
Party Responsible for
Implementation
Agency Responsible for
Monitoring
Implementation
▪ The construction contractor shall locate on-site equipment
staging areas so as to maximize the distance between
construction-related noise sources and noise-sensitive
receptors nearest the Project site during the construction
period.
▪ All noise producing construction activities, including
warming-up or servicing equipment and any preparation for
construction, shall be limited to the hours between 7:00
a.m. and 6:00 p.m. on weekdays.
An eight (8) foot tall temporary noise barrier shall be erected or
installed along an extent of the northern Project site property
line where it is adjacent to the nearest noise-sensitive receptor.
The barrier can comprise one or more materials of construction
and/or assembly, so long as the net sound transmission class
(STC) is 15 or better, and thus expected to yield a minimum of 5
dB noise reduction when blocking direct sound paths between
onsite Project construction noise-producing activities or
equipment and the offsite receptor of concern. The horizontal
extent of the installed barrier should be compatible with
Caltrans or other industry guidance with respect to minimizing
flanking effects around the ends of the barrier, based on both
the offsite receptor position and the onsite position or zone of
construction activity.
Transportation
MM-TRA-1. Prior to the issuance of a grading permit, the Project
Applicant/Developer shall coordinate with the City Engineer to
prepare engineering plans that remove and reconfigure the
raised median on E. Huntington Drive to extend the eastbound
left-turn pocket to at least 75 feet. Plans shall be prepared and
implemented to the satisfaction of the City’s Public Works
Prior to issuance of a
grading permit
Project
Applicant/Developer
City of Arcadia Planning,
Building, and Engineering
Divisions; City of Arcadia
Public Works Services
Department
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Table 4-1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Mitigation Monitoring
Implementation Timing
Party Responsible for
Implementation
Agency Responsible for
Monitoring
Implementation
Director. The reconfigured median on E. Huntington Drive shall
be completed and operational prior to the issuance of a
certificate of occupancy for The Derby restaurant.
MM TRA 2. Prior to the issuance of a building permit, the Project
Applicant/Developer shall prepare a Parking Signage Plan to
clearly identify ingress/egress and circulation for residents and
commercial visitors. The Parking Signage Plan shall require that
adequate signage be installed within the commercial section of
the parking structure directing personal vehicles to use the
Gateway Drive egress to exit the Project site, and to prohibit
egress through the courtyard to E. Huntington Drive, in order to
avoid conflicts with valet operations
Prior to issuance of a
building permit
Project Applicant/
Developer
City of Arcadia Planning,
Building, and Engineering
Divisions
MM-TRA-3. Prior to the issuance of demolition or grading
permits, the Project Applicant/Developer shall develop and
implement a City-approved Construction Traffic Control Plan. The
Plan shall be prepared in accordance with applicable City
guidelines and shall address the potential for construction-
related vehicular traffic, as well as pedestrian and bicycle
circulation disruption in the public right-of-way. The Plan shall
describe safe detours and shall include protocols for
implementing the following: temporary traffic controls (e.g., a
flag person during heavy truck traffic for soil export) to maintain
smooth pedestrian and traffic flow; dedicated on-site turn lanes
for construction trucks and equipment leaving the site;
scheduling of peak construction truck traffic that affects traffic
flow on the arterial system to off-peak hours; consolidation of
truck deliveries; and/or rerouting of construction trucks away
from congested streets or sensitive receptors.
Prior to issuance of
demolition or grading
permits
Project
Applicant/Developer
City of Arcadia Planning,
and Engineering Divisions
4.0 – MITIGATION MONITORING AND REPORTING PROGRAM
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 4-9
Table 4-1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Mitigation Monitoring
Implementation Timing
Party Responsible for
Implementation
Agency Responsible for
Monitoring
Implementation
Tribal Cultural Resources
MM-TCR-1. Retain a Native American Monitor Prior to
Commencement of Ground-Disturbing Activities. The Project
Applicant/Lead Agency shall retain a Native American Monitor
from or approved by the Gabrieleño Band of Mission Indians –
Kizh Nation. The monitor shall be retained prior to the
commencement of any “ground-disturbing activity” for the
subject Project at all Project locations (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” shall include, but is not limited to, demolition, pavement
removal, potholing, auguring, grubbing, tree removal, boring,
grading, excavation, drilling, and trenching.
A copy of the executed monitoring agreement shall be submitted
to the lead agency prior to the earlier of the commencement of
any ground-disturbing activity, or the issuance of any permit
necessary to commence a ground-disturbing activity.
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
Prior to the
commencement of any
“ground-disturbing
activity” for the subject
Project at all Project
locations, or prior to
issuance of any permit
necessary to commence a
ground-disturbing activity;
During ground-disturbing
activities
Project
Applicant/Developer or
City of Arcadia; Native
American Monitor from or
approved by the
Gabrieleño Band of
Mission Indians – Kizh
Nation
City of Arcadia Planning
Division; Native American
Monitor from or approved
by the Gabrieleño Band of
Mission Indians – Kizh
Nation
4.0 – MITIGATION MONITORING AND REPORTING PROGRAM
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 4-10
Table 4-1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Mitigation Monitoring
Implementation Timing
Party Responsible for
Implementation
Agency Responsible for
Monitoring
Implementation
provided to the Project Applicant/lead agency upon written
request to the Tribe.
On-site tribal monitoring shall conclude upon the latter of the
following (1) written confirmation to the Kizh from a designated
point of contact for the Project Applicant/Lead Agency that all
ground-disturbing activities and phases that may involve ground-
disturbing activities on the Project site or in connection with the
Project are complete; or (2) a determination and written
notification by the Kizh to the Project Applicant/lead agency that
no future, planned construction activity and/or
development/construction phase at the Project site possesses
the potential to impact Kizh TCRs.
Upon discovery of any TCRs, all construction activities in the
immediate vicinity of the discovery shall cease (i.e., not less than
the surrounding 50 feet) and shall not resume until the
discovered TCR has been fully assessed by the Kizh monitor
and/or Kizh archaeologist. The Kizh will recover 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.
MM-TCR-2. Unanticipated Discovery of Human Remains and
Associated Funerary Object. Native American human remains
are defined in PRC 5097.98 (d)(1) as an inhumation or
cremation, and in any state of decomposition or skeletal
completeness. Funerary objects, called associated grave goods
in Public Resources Code Section 5097.98, are also to be
treated according to this statute.
If Native American human remains and/or grave goods
discovered or recognized on the Project site, then all
During ground-disturbing
activities
Project
Applicant/Developer
County of Los Angeles
Department of Medical
Examiner-Coroner;
California Native American
Heritage Commission; City
of Arcadia Development
Services Department
4.0 – MITIGATION MONITORING AND REPORTING PROGRAM
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 4-11
Table 4-1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Mitigation Monitoring
Implementation Timing
Party Responsible for
Implementation
Agency Responsible for
Monitoring
Implementation
construction activities shall immediately cease. Health and
Safety Code Section 7050.5 dictates that any discoveries of
human skeletal material shall be immediately reported to the
County Coroner and all ground-disturbing activities shall
immediately halt and shall remain halted until the coroner has
determined the nature of the remains. 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, by telephone within 24 hours, the Native American
Heritage Commission, and Public Resources Code Section
5097.98 shall be followed.
Human remains and grave/burial goods shall be treated alike
per California Public Resources Code section 5097.98(d)(1) and
(2).
Construction activities may resume in other parts of the Project
site at a minimum of 200 feet away from discovered human
remains and/or burial goods, if the Kizh 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 Kizh monitor and/or archaeologist deems necessary). (CEQA
Guidelines Section 15064.5(f).)
Preservation in place (i.e., avoidance) is the preferred manner of
treatment for discovered human remains and/or burial goods.
Any historic archaeological material that is not Native American
in origin (non-TCR) 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
4.0 – MITIGATION MONITORING AND REPORTING PROGRAM
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 4-12
Table 4-1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Mitigation Monitoring
Implementation Timing
Party Responsible for
Implementation
Agency Responsible for
Monitoring
Implementation
offered to a local school or historical society in the area for
educational purposes.
Any discovery of human remains/burial goods shall be kept
confidential to prevent further disturbance.
MM-TCR-3. Procedures for Burials and Funerary Remains. If it is
determined, through compliance with Public Resources Code
section 5097.98 and other applicable regulatory requirements
that the Gabrieleño Band of Mission Indians – Kizh Nation is the
Most Likely Descendant (MLD), the following shall be
implemented:
▪ As the MLD, the Koo-nas-gna Burial Policy shall be
implemented. To the Tribe, the term “human remains”
encompasses more than human bones. In ancient as well as
historic times, Tribal Traditions included, but were not
limited to, the preparation of the soil for burial, the burial of
funerary objects with the deceased, and the ceremonial
burning of human remains.
▪ If the discovery of human remains includes four 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 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; other items made exclusively for
burial purposes or to contain human remains can also be
considered as associated funerary objects. Cremations will
either be removed in bulk or by means as necessary to
ensure complete recovery of all sacred materials.
During ground-disturbing
activities
Project
Applicant/Developer
Gabrieleño Band of
Mission Indians - Kizh
Nation; City of Arcadia
Development Services
Department
4.0 – MITIGATION MONITORING AND REPORTING PROGRAM
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 4-13
Table 4-1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Mitigation Monitoring
Implementation Timing
Party Responsible for
Implementation
Agency Responsible for
Monitoring
Implementation
▪ In the case where discovered human remains cannot be
fully documented and recovered 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 recommend diverting the Project and 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.
▪ Each occurrence of human remains and associated funerary
objects will be stored using opaque cloth bags. All human
remains, funerary objects, sacred objects and objects of
cultural patrimony will be removed to a secure container on
site if possible. These items should be retained and reburied
within six months of recovery. The site of
reburial/repatriation shall be on the Project site but at a
location agreed upon between the Tribe and the landowner
at a site to be protected in perpetuity. There shall be no
publicity regarding any cultural materials recovered.
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
4.0 – MITIGATION MONITORING AND REPORTING PROGRAM
FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05
OCTOBER 2023 4-14
Table 4-1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Mitigation Monitoring
Implementation Timing
Party Responsible for
Implementation
Agency Responsible for
Monitoring
Implementation
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
Utilities and Service Systems
MM-UTL-1. Sewer Upgrade Fair Share Payment. Prior to
issuance of a Certificate of Occupancy permit for the Project, the
Applicant/Property Owner shall make a fair share contribution of
9 percent of the Fifth Avenue sewer upgrade project cost, not to
exceed $108,000, to the City to help fund upgrading of the
sewer line in Fifth Avenue. The Fifth Avenue Sewer Upgrade
Project will be included in the City’s 2024-25 Capital
Improvement Plan budget and the work will be completed by the
City’s Public Works Services Department by the end of the 2024-
25 Fiscal Year. This measure shall be implemented to the
satisfaction of the City Engineer and/or the City Public Works
Services Department as appropriate
Prior to issuance of a
Certificate of Occupancy
permit
Project
Applicant/Developer
City of Arcadia Planning,
Building, and Engineering
Divisions; City of Arcadia
Public Works Services
Department
Attachment A
Correspondence with Caltrans District 7
From:Lin, Alan S@DOT <alan.lin@dot.ca.gov>
Sent:Monday, October 2, 2023 8:06 PM
To:Lisa Flores; OPR State Clearinghouse; Lisa Valdez
Subject:SCH # 2022100298-The Derby Mixed-Use Project
To Whom It May Concern,
This is a follow-up email to Caltrans letter dated September 13, 2023, after we received additional traffic data (via email
from DUDEK, a traffic consultant) at I-210 Off-Ramps and Huntington Drive. The traffic data shows that there are 5/5
AM/PM peak hour trips at EB I-210 Off-Ramp to Huntington Drive and 7/12 AM/PM peak hour trips at WB I-210 Off-
Ramp to Huntington Drive. No queuing analysis is necessary at this time. However, if the City is pro-development in this
area with cumulative projects in the future, many trips will be utilizing the State off-ramps, and queuing analysis may be
necessary to disclose the potential safety impact on the State facilities.
Again as a reminder from the letter “To protect the public’s best interest, we only concur the residential component of
the Project would not be screened out from VMT analysis using the Project Type Screening. Otherwise, almost all
development within the City would be screened out from this approach because the City’s average VMT is already 15.53
which is larger than Project TAZ of 11.1, from the San Gabriel Valley Council of Governments (SGVCG) screening tool.
Only disclosing the Project VMT would then compare with the City’s VMT threshold of 13.2 to determine if the project
would cause any significant traffic impact. We highly recommend the City prepare the necessary VMT for this
development for Caltrans’ review. The project site is located within a low VMT area as cited in the DEIR as VMT analysis
is screened out. As such, a VMT analysis is not required and impacts to VMT would be less than significant. To validate
this statement and for the City’s consideration, we highly recommend the City prepare a post-development VMT
analysis with all necessary mitigation measures. Mitigation measures should be implemented when the post-
development VMT analysis discloses any traffic significant impact.”
Thank you for the opportunity to review this project!
Alan Lin, P.E.
Transportation Engineer, Civil
LDR, Division of Planning
State of California
Department of Transportation
Mail Station 16
100 South Main Street
Los Angeles, CA 90012
213-269-1124 Mobile
From: Lisa Valdez
Sent: Friday, September 22, 2023 10:07 AM
To: alan.lin@dot.ca.gov
Cc: Amanda Meroux <ameroux@dudek.com>
Subject: The Derby - Queuing at the I-210 ramps
Hi Alan,
Thank you again for speaking with me last week to discuss Caltrans’ comments on the Derby project in Arcadia. We have
prepared the aƩached summary table which shows the project-related peak hour trips at the I-210 eastbound and
westbound off-ramps. I am also including the project trip distribuƟon figure for reference. As the table shows, the
project would add a total of 5 peak hour trips (AM and PM) to the I-210 EB off-ramp and a total of 7 AM peak hour trips
and 12 PM peak hour trips to the I-210 WB off-ramp.
Could you please confirm, that based on the above, no further analysis would be required.
Please let me know if you have any further quesƟons.
Thanks!
Lisa Valdez
Senior Transportation Planner
621 Chapala Street, Santa Barbara, CA 93101
O: 805.308.8505 C: 805.450.2583
www.dudek.com
In Out Total In Out Total
Residential
Restaurants
(Proposed -
Existing)
Multifamily Housing (Mid-Rise) 221 4.54 0.09 0.28 0.37 0.24 0.15 0.39 Tot. Inbound AM 17 74
Fine Dining 931 per TSF 83.84 0.37 0.37 0.73 5.23 2.57 7.80 Tot. Inbound PM 43 64
High-Turnover (Sit-Down) Restaurant 932 per TSF 107.20 5.26 4.31 9.57 5.52 3.53 9.05
Coffee/Donut Shop without Drive-Through Window2 936 per TSF 322.90 47.47 45.61 93.08 16.15 16.15 32.29 Residential Restaurants Residential Restaurants
Distribution % 5% 5% 20% 5%
Residential 221 214 DU 972 18 61 79 51 33 83 Inbound AM on Off-Ramp 1 4 5 3 4 7
Internal trip capture Residential 3 -49 -1 -12 -13 -8 -7 -15 Inbound PM at Off-Ramp 2 3 5 9 3 12
Net Residential 923 17 49 66 43 26 68
Café 936 1.400 TSF 452 66 64 130 23 23 45
The Derby Restaurant 931 12.850 TSF 1,077 5 5 10 67 33 100
Additional Restaurant 932 3.300 TSF 354 17 14 32 18 12 30
1,883 89 83 172 108 67 175
Internal trip capture Restaurants 3 -56 -12 -1 -13 -7 -8 -15
Net Restaurants 1,827 77 82 159 101 59 160
2,855 107 144 251 159 100 259
-105 -13 -13 -26 -15 -15 -30
2,750 94 131 225 144 85 229
The Derby Restaurant 931 7.000 TSF 587 3 3 6 37 18 55
Net Restaurants (Proposed - Existing) 1,240 74 79 153 64 41 105
2,268 104 141 245 122 82 204
2,163 92 128 219 107 67 174
Notes:
1 Trip rates from the Institute of Transportation Engineers, Trip Generation, 11th Edition , 2021
2 No ITE daily trip rate is provided for land use. Daily rate is assumed to be 10 times the PM peak hour rate.
3
Total Total
I-210 Off-Ramps/Huntington Drive Trips Summary
EB I-210 Off-Ramp WB I-210 Off-Ramp
NET Total (Proposed - Existing Derby) w/Internal Trip Capture
Total Internal trip capture 3
Total Proposed Trip Generation (w/Internal Trip Capture)
Net Trip Generation
Trip Generation of Existing Land Uses (to be removed)
Consistent with the ITE Trip Generation Handbook, project trip generation was adjusted to account for internal capture between the restaurant and residential components using NCHRP methodology.
Daily internal trip capture is estimated from the lowest ITC percentage between entering and exiting trips.
NET Total (Proposed - Existing)
per DU
Trip Generation of Proposed Project
Total Proposed Trip Generation (w/o Internal Trip Capture)
Subtotal Restaurants
Trip Rates 1
Table 1. The Derby Mixed-Use Project Trip Generation Summary
Land Use ITE Code Size/Unit Daily
AM Peak Hour PM Peak Hour
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Figure 5SOURCE: Bing Maps; [au]workshop 2021
Proposed Project Trip Distribution
Legend
X Study Intersection
Percentage Distribution (Residential)XX%
X Project Driveway/Access
20%
5%
5%
5%
5%
5%
10%
Percentage Distribution (Restaurants)XX%
5%
10%
5%10%
5%
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