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Home My WebLink AboutAttachment 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. FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 i 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 FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 ii INTENTIONALLY LEFT BLANK FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 iii 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 FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 iv INTENTIONALLY LEFT BLANK FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 1-1 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. FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 1-2 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. FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 1-3 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. FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 1-4 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.” FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-1 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. FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-2 Comment Letter A1 FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-3 FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-4 FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-5 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 FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-6 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. FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-7 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. FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-8 INTENTIONALLY LEFT BLANK FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-9 Comment Letter O1 FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-10 INTENTIONALLY LEFT BLANK FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-11 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 FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-12 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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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 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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 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OCTOBER 2023 2-298 FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-299 FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-300 INTENTIONALLY LEFT BLANK FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-301 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 FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-302 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, FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-303 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 FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-304 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 FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-305 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 FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-306 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 FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-307 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 FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-308 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, FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-309 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. FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-310 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. FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-311 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 FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-312 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 FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-313 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. FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 2-314 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. FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 3-1 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 FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 3-2 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 FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 3-3 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. FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 3-4 INTENTIONALLY LEFT BLANK FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 4-1 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. FINAL EIR FOR THE DERBY MIXED-USE PROJECT FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 4-2 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 FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 4-3 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 4.0 – MITIGATION MONITORING AND REPORTING PROGRAM FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 4-4 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 FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 4-5 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 4.0 – MITIGATION MONITORING AND REPORTING PROGRAM FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 4-6 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 4.0 – MITIGATION MONITORING AND REPORTING PROGRAM FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 4-7 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 4.0 – MITIGATION MONITORING AND REPORTING PROGRAM FINAL EIR FOR THE DERBY MIXED-USE PROJECT 11663.05 OCTOBER 2023 4-8 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 © 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS 2 3 1 4 6 7 8 5 9 10 PROJECT J u n 1 6 , 2 0 2 2 - 1 1 : 4 4 a m a m e r o u x P : \ 3 0 0 . E n v i r o n m e n t a l \ 1 3 8 7 1 _ A r c a d i a D e r b y S p e c i f i c P l a n + E I R \ 3 _ T e c h S t u d i e s \ T r a n s p o r t a t i o n \ G r a p h i c s \ D e r b y . d w g L a y o u t : F i g 5 _ T r i p D i s t Derby Mixed Use ProjectNOT TO SCALEn 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% 10% 5% 10% 5%5% 5% 5% 10% 10% 5% 10% 5% 5% 20%