HomeMy WebLinkAboutCC AG PKT 2010-04-26 #PAGENDA STAFF REPORT
DATE: April 26, 2010
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Mark Persico, AICP, Director of Development Services
SUBJECT: River's End Staging Area and San Gabriel River Bikeway
Enhance Plan (SCH #2010021026) and Mitigated Negative
Declaration - Bay City Partners LLC (appellant) appealed
the Planning Commission's decision to adopt a mitigated
negative declaration for the project
SUMMARY OF REQUEST:
That the Council conduct a public hearing, allow public testimony, and, at the
conclusion of the hearing, consider all testimony, comments and evidence, adopt the
resolution adopting the Mitigated Negative Declaration (MND), approve the River's
End Staging Area (RESA) and San Gabriel River Bike Trail project, and adopt the
Mitigation Monitoring and Reporting Program (SCH# 2010021026).
BACKGROUND:
The City has received a grant for approximately $2,000,000 from the Rivers and
Mountains Conservancy for improvements to the RESA and the San Gabriel River
Bikeway Trail. The RESA presently includes: paved surface parking spaces, a
restaurant facility, and a City -owned maintenance structure. The San Gabriel River
Bikeway Trail is a paved regional recreational trail along the eastern boundary of the
San Gabriel River between the cities of Azusa and Seal Beach.
The City, acting as the Lead Agency, hired RBF Consulting (RBF) to prepare a draft
MND for the project. The document was prepared pursuant to requirements of the
California Environmental Quality Act (CEQA) and CEQA Guidelines.
The document was circulated for public review and comment from February 5, 2010
through March 5, 2010. Copies of the MND were delivered to members of the City
Council, Planning Commission, Environmental Quality Control Board (EQCB),
affected agencies and interested parties. EQCB reviewed the MND on February 24,
provided comments to staff, and recommended adoption of the MND. On March 18,
Agenda Item P
Page 2
2010, the Planning Commission also held a public hearing to consider adoption of
the MND.
The City received four comment letters during the circulation period: Southern
California Gas Company (February 10, 2010), California Department of
Transportation (March 1, 2010), Bay City Partners (March 5, 2010) and California
Department of Transportation (March 9, 2010). CEQA does not require a lead
agency to prepare written responses to comments received (see CEQA Guidelines
Section 15088). However, the .City's independent consultant RBF voluntarily
prepared written responses to the four comment letters timely submitted (See
"Responses to Comments and Mitigation Monitoring and Reporting Program" dated
March 2010 ( "Responses ")). After the conclusion of the circulation period, Bay City
Partners submitted a second letter, dated March 18, 2010, during the Planning
Commission hearing. Once again, although under no legal obligation to respond to
the tardy submittal, Staff responded to the March 18 letter at the hearing, and
addresses such letter later in this staff report.
FACTS AND ANALYSIS:
The Proiect
Currently, the RESA is approximately 2.70 acres in size. The existing parking lot
would be repaved in some areas and restriped. Two new stone informational kiosks
would be constructed at the two southern corners of the parking lot.
Windsurf Park, located along the eastern boundary of the site, would be expanded to
include additional turf, picnic tables, benches, trash receptacles, and signage
improvements. This area would also include windsurfer board racks and rinse
facilities.
The Project also includes native landscaping improvements along the southern and
western boundaries of this area, in addition to a block wall along the eastern
boundary. A new tubular steel fence and gate would be installed along the southern
portion of the facility. In total, the Project would add 0.61 -acre to the existing RESA,
for a proposed total of 3.31 acres. The expanded area — 0.61 acres — is currently
sand along the southeast and southwest edge of the RESA that will be incorporated
into the windsurf rigging area and picnic area.
The San Gabriel River Bikeway Trail improvements consist of repaving the trail along
its 3.4 miles length from 1-405 to its southern terminus, construction of a small seating
area, and minor landscape and signage improvements.
The Appeal
On March 29, 2010, Bay City Partners filed an appeal for the following reason:
Page 3
"The City did not adequately respond to the concerns raised by Bay
City Partners in the letters submitted to the City by Bay City on
March 5, 2010 and March 18, 2010..."
As noted above, the appellant filed two comment letters dated March 5, 2010 and
March 18, 2010. The City prepared and sent, via certified mail, responses to the
March 5 letter, which arrived on the final date of the circulation period. Additionally,
during the Planning Commission public hearing city staff verbally responded to the
March 18 letter submitted that evening by the appellant. As noted elsewhere, neither
CEQA nor the CEQA Guidelines requires that a response be provided to comments
submitted in connection with a Negative Declaration. However, the Commission
considered all of Bay City's comments prior to acting on the MND.
In connection with the preparation, circulation and adoption of a Negative
Declaration, CEQA requires that the Lead Agency "consider comments" if the
comments were received during the public comment period (Pub. Res. Code Sec.
21091 (d) (1)). CEQA further states that before carrying out a project a Lead Agency
"shall consider the negative declaration together with comments that were
received..." (Pub. Res. Code Sec. 21091(f)). Thus, a lead agency has no affirmative
duty to prepare formal responses to comments on a proposed Negative Declaration.
(By contrast, CEQA requires lead agencies to prepare written responses to
comments received as to a draft EIR.) Thus, in this case, the City has met and
exceeded the requirements of CEQA and the CEQA Guidelines in connection with
the Mitigated Negative Declaration.
Bay City's March 18, 2010 Letter
As previously indicated, Bay City submitted a letter the night of the Planning
Commission public hearing, which staff responded to verbally. Many of the points in
the March 18 letter restate points in the Bay City March 5, 2010 letter, which have
been previously addressed in the Responses. Further, the vast majority of the letter
is not relevant to the City's evaluation of the environmental impacts, if any, arising
from the Project. However, staff makes the following comments:
Bay City claims the MND does not adequately describe the improvements to the
bikeway trail. Response 3.1, on page 10 of the Responses thoroughly addressed
this point. In addition, as shown on exhibit 2 -2 and 2 -3 and pages 2 -7 and 2 -8, for
the vast length of the Bikeway, the physical improvements are limited to repaving and
re- striping the existing Bikeway, with very limited improvements such as occasional
planting of native landscaping; installation of signage; installation of a decorative
concrete area with a cobblestone kiosk featuring a trail map and interpretive sign, a
drinking fountain, a concrete seat wall, and bicycle racks at the southern terminus; and
installation of a viewing node containing concrete benches, trash receptacles and native
landscaping.
Page 4
Bay City claims the bikeway improvements could significantly affect future flood
control operations and Bay City's "development plans." The Flood Control District
has reviewed the City's plans and the project MND. The District has no objections or
concerns with the Project. Further, Bay City has not submitted development plans for
its property, which lies to the north of the project site. Bay City has filed for a Specific
Plan Amendment and Zone Change to rezone the northern portion of their property,
and .Lot Line Adjustments to redraw property lines. None of the submitted
applications show any proposed development. City staff has requested plans
showing development, but Bay City has refused to submit any plans. Further, Bay
City's initial application for a Specific Plan Amendment seeks to amend the Specific
Plan to allow residential and hotel uses, decrease open space and expand the
developable area. However, Bay City recently indicated that it intends to withdraw its
Specific Plan amendment application, and abandon the proposed hotel use. At this
time, it is too speculative to attempt to predict the nature of Bay City's future
development plans, much less to conduct any sort of meaningful environmental
analysis on any future development plans.
Bay City claims the maintenance building and storage facility are integral parts of the
project and soil contamination issues should be examined. Response 3.2, page 10
of the Responses thoroughly addressed this point. Once again, the existing
maintenance building and storage facility are not part of the Project. There are no
physical improvements to these buildings.
Bay City claims global warming has not been adequately addressed. Section 4.3 of
the MND and Response 3.3, pages 10 -11 of the Responses comprehensively and
thoroughly address global warming. The issue of global warming is an evolving area
of concern and Seal Beach like many lead agencies is addressing the issue.
Bay City claims the City does not have control over small portions of the 3.4 -mile
Bikeway. This is not an environmental issue. The parties agree that small portions
of the Bikeway are on Bay City's property. The City and Bay City are in discussions
over public access for such portions. In the event Bay City refuses to provide access
to any of its property, the City will not construct any improvements (or repave,
restripe) on such property.
Bay City claims the City has made a preliminary determination that an EIR would be
required for the Bay City property. This is both incorrect and irrelevant. As is true
with any other project as defined by CEQA, Bay City's submittals will undergo
appropriate environmental review. However, the City has not made a determination
on the level of review required. In general, a lead agency cannot make any decision
on the level of CEQA review until an applicant has adequately defined the project.
Bay City claims the MND does not address the existing above grade oil facilities and
pipelines in the "Driveway and Sewer Easement Area" and that the City's existing
sewer line goes directly under the oil lines. The "Environmental Setting" on page 2 -1
and Exhibit 2 -4 clearly describe and show the above grade oil facility. The
Page 5
"Environmental Setting" portion of an MND does not typically reference below grade
structures unless those structures are being impacted by the Project. Neither the
underground oil pipelines (nor the above grade oil facilities) will be impacted by this
Project, which, beyond a monument sign, is simply a landscaping and repaving
project for this area. The existing sewer line (and, for that matter, the existing
driveway) are not part of this Project. It should also be noted that the City completed
a thorough environmental analysis of the Driveway and Sewer Easement Project
prior to adopting the resolution of necessity in connection with the eminent domain
action undertaken to acquire property, recorded the Notice of Determination, and the
time within which to challenge such determination expired in 2009.
Bay City claims the City will require a traffic analysis for its project, and, thus, should
complete a full traffic study for this Project. Once again, the City will not be in a
position to require anything from Bay City until Bay City submits its intended
development plans and submits a deposit for environmental review. In any event,
Transportation/Traffic issues are addressed in Section 4.15 of the MND.
Bay City claims that the City has "piecemealed" its Project. Response 3.7 on page
12 of the Responses adequately and thoroughly addresses this point. Under CEQA,
"piecemealing" is when a project proponent splits up a project to avoid full and
thorough CEQA analysis. Here, the entirety of the RESA and Bikeway Trail project
has been analyzed in the MND for the project. There are no portions of the project
that have not been analyzed for potential environmental impacts in the MND. Bay
City alludes to its application, but as noted above, Bay City has not submitted
development plans or a deposit for environmental review. Upon the City's receipt of
such items, it will perform appropriate analysis of the potential environmental impacts
of Bay City's future development plans.
Documents for Council Consideration
The City Council previously received copies of the draft Mitigated Negative
Declaration. Attached to this report are copies of the four comment letters timely
submitted during the circulation period, the City's "Responses to Comments and
Mitigation Monitoring and Reporting Program" dated March 2010, and the March 18
letter from Bay City Partners. Attached hereto as Attachment A is a draft Resolution
for Council review and consideration.
Conclusion
This project has been analyzed pursuant to CEQA and the CEQA Guidelines. With
the mitigation measures incorporated, all potential impacts have been reduced to a
level of less than significant. The draft MND fully and substantially complies with all
requirements under CEQA.
Page 6
FISCAL IMPACT:
This project will be funded through the proceeds of the grant from the Rivers and
Mountains Conservancy.
RECOMMENDATION:
1. Adopt the Resolution adopting the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program for the River's End
Staging Area (RESA) and the San Gabriel River Bikeway Enhancement
Plan (SCH# 2010021026). Direct staff to file a Notice of Determination.
2. Approve the construction and landscape improvement project pursuant
to the Mitigated Negative Declaration and associated mitigation
measures.
SUBMITTED BY:
Mark Persico, CP
Director of Development Services
Attachments:
NOTED AND APPROVED:
David Carman
City Manager
A. Resolution No. 5995 - Adopting the MND and Mitigation Monitoring Report and Approving the
Project
B. "Responses to Comments and Mitigation Monitoring and Reporting Program" (also attached
as Exhibit A to the draft resolution)
C. Bay City Partners Appeal (March 29, 2010)
D. Bay City Partners letter (March 18, 2010)
E. Planning Commission Minutes March 18, 2010
F. Planning Commission staff report March 18, 2010
Attachment "A"
Resolution No. 5995
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ADOPTING A MITIGATED NEGATIVE DECLARATION
IN CONNECTION WITH THE RIVERS END STAGING
AREA AND SAN GABRIEL RIVER BIKEWAY
ENHANCEMENT PLAN PROJECT AND MITIGATION
MONITORING PROGRAM, APPROVING THE PROJECT
AND INSTRUCTING STAFF TO FILE APPROPRIATE
DOCUMENTATION WITH THE COUNTY OF ORANGE
RESOLUTION NUMBER 5995
A RESOLUTION OF THE SEAL BEACH CITY
COUNCIL ADOPTING A MITIGATED NEGATIVE
DECLARATION IN CONNECTION WITH THE
RIVERS END STAGING AREA AND SAN GABRIEL
RIVER BIKEWAY ENHANCEMENT PLAN
PROJECT AND MITIGATION MONITORING
PROGRAM, APPROVING THE PROJECT AND
INSTRUCTING STAFF TO FILE APPROPRIATE
DOCUMENTATION WITH THE COUNTY OF
ORANGE
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE, FIND, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The City has received a grant for approximately $2,000,000
from the Rivers and Mountains Conservancy for improvements to the Rivers End
Staging Area ( "RESA") and the San Gabriel River Bikeway Trail ( "Bikepath ")
(collectively, the "Project').
Section 2. The RESA presently includes: a paved surface parking lot, a
restaurant facility, and a City -owned maintenance structure. The City proposes to:
add landscaping and associated irrigation facilities; repave the existing parking
lot in some areas with asphalt; restripe the lot to create five ADA- compliant
parking spaces and add one parking space; install two new stone informational
kiosks at the two southern corners of the parking lot; install a stone entry
monument sign and entry gate at the First Street entrance; renovate and add
sidewalks; add signs and lighting; and add a series of seat walls to block wind-
blown sand from reaching the RESA. Windsurf Park, located along the eastern
boundary of the site, would be expanded to include additional turf, picnic tables,
benches, trash receptacles, and signage improvements. This area would also
include windsurfer board racks and rinse facilities. The Project also includes
native landscaping improvements along the southern.and western boundaries of
this area, in addition to a block wall along the eastern boundary. A new tubular
steel fence and gate would be installed along the southern portion of the facility.
In total, the Project would add 0.61 -acre to the existing RESA, for a proposed
total of 3.31 acres.
Section 3. The San Gabriel River Bikeway Trail is a paved regional
recreational trail along the eastern boundary of the San Gabriel River between the
cities of Azusa and Seal Beach. The City proposes to improve approximately 3.4
miles of the trail, from 1 -405 to the northern boundary of Rivers End parking lot.
Proposed improvements to the Bikepath are: resurfacing and restriping of the
existing trail; planting of native landscaping; installation of signage; installation of a
decorative concrete area with a cobblestone kiosk featuring a trail map and
interpretive sign, a drinking fountain, a concrete seat wall, and bicycle racks at the
southern terminus; installation of a viewing node containing concrete benches,
trash receptacles and native landscaping; and replacement of exotic landscaping
with native plantings.
Section 4. The Project has been environmentally reviewed pursuant to
the provisions of the California Environmental Quality Act (Public Resources
Code Sections 21000, et seq. ( "CEQA ")), and the State CEQA Guidelines
(California Code of Regulations, Title 14, Sections 15000, et seq.). The City
engaged the services of the independent environmental consulting firm of RBF
Consulting ( "RBF "). RBF prepared an initial study pursuant to State CEQA
Guideline § 15025 (a). Based on the information contained in the initial study,
RBF concluded that the Project could have a significant effect on the
environment, but that mitigation measures could be implemented to reduce such
impacts to a less than significant level. Based upon this determination, RBF
prepared a Draft Mitigated Negative Declaration ( "MND ") in accordance with
CEQA Section 21080 (c) and Section 15070 of the State CEQA Guidelines.
Notice of the preparation of the MND was posted and circulated for public review
and comment from February 5, 2010 through March 5, 2010. Copies of the MND
were delivered to members of the City Council, Planning Commission,
Environmental Quality Control Board (EQCB), affected agencies and interested
parties. EQCB held a hearing on February 24, 2010 and recommended adoption
of the MND. On March 18, 2010, the Planning Commission held a public hearing
to consider the MND and four comment letters received by the City during the
circulation period from: Southern California Gas Company (February 10, 2010),
California Department of Transportation (March 1, 2010), Bay City Partners
(March 5, 2010) and California Department of Transportation (March 9, 2010).
Although CEQA does not require a lead agency to prepare written responses to
comments received (see CEQA Section 21091 (d) and CEQA Guidelines Section
15088) the City elected to prepare written responses to the four comment letters
timely submitted. On March 18, 2010, after the conclusion of the circulation
period, Bay City Partners submitted a second comment during the Planning
Commission hearing. Once again, although under no legal obligation to respond
to the tardy submittal, Staff responded to the second comment letter at the
hearing, and the staff report for the Council public hearing likewise addresses the
letter. Further, Bay City Partners, the owner of property adjacent to the RESA
and a portion of the San Gabriel River Bikeway Trail, has proposed a change of
zone for their property from visitor serving hotel and open space land uses to
allow for residential development, visitor serving uses, and open space. At
present there is no specific development proposal, and it would be speculative to
analyze the potential impacts of an undefined Bay City project in conjunction with
the Project. Contrary to Bay City's allegations, conducting separate
environmental review for these two separate and distinct projects is not improper
"piecemealing." The City's CEQA analysis has included all aspects of its Project,
including the Bikeway and the RESA. The fact that Bay City has submitted a
zone change application without any specific development proposal for its
property does not somehow expand the City's repaving, landscaping and
associated minor improvements project into a development project of much
greater magnitude. Further, even if the piecemealing argument had merit, which
it does not, there is insufficient information with which to undertake a meaningful
CEQA review of some future Bay City project. CEQA does not require the City to
predict unspecified and uncertain future development, and does not require
analysis of speculative impacts.
Section 5. On April 26, 2010, the City Council considered the Project at a
duly noticed public hearing de novo. At the hearing, the Appellant's representative
spoke in favor of the appeal. The City Council entered into the record the Initial
Study, the MND, the comments on the MND, the responses to the comments on
the MND, written and oral staff reports, correspondence, public testimony and all
exhibits attached to the staff report.
Section 6. Pursuant to Section 15074(b) of the State CEQA Guidelines,
the City Council independently reviewed and considered the contents of the Initial
Study, the MND, the comments on the MND, the responses to the comments on
the MND, written and oral staff reports, and public testimony (collectively, the
"Environmental Documentation ") prior to deciding whether to approve the Project.
Based on the Environmental Documentation, and the whole record before the City
Council, the City Council hereby finds that the MND prepared for the Project
reflects the independent judgment and analysis of the City Council and that there is
no substantial evidence that the approval of the Project, as mitigated, will have any
significant environmental impact. The City has addressed each of the identified
concerns within the Environmental Documentation. Moreover, although CEQA
does not require responses to comments concerning a mitigated negative
declaration, the City responded in writing to comments received.
2
Section 7. Based upon the foregoing, and based upon substantial
evidence in the record before the City Council, the Council exercising its
independent judgment and analysis hereby finds:
1. Approval of the Project, with mitigation, will not result in a significant effect
on the environment.
This Project involves no potential for adverse effects, either individually or
cumulatively, on wildlife resources and will not have an adverse impact on
fish and wildlife.
Section 8. The foregoing findings are based on substantial evidence in
the record, including without limitation, the Initial Study, the draft MND, staff reports
and both oral and written testimony. The documents that comprise the record of
the proceedings are on file with the Department of Development Services, 211
Eighth Street, Seal Beach. The custodian of said records is the Director of
Development Services.
Section 9. The City Council hereby adopts the Mitigated Negative
Declaration, and approves the Project.
Section 10. The City Council hereby adopts the Mitigation Monitoring and
Reporting Program, attached hereto as Exhibit A and incorporated herein by this
reference, and imposes each mitigation measure as a condition of the Project's
approval. City staff shall be responsible for implementation and monitoring the
mitigation measures as described in Exhibit A.
Section 11. The Council hereby instructs the Director of Development
Services to file a notice of determination with the County of Orange and
authorizes staff to proceed with all steps necessary to implement the Project. In
the event that any private property owner refuses to authorize use of its property
for the Project, or the City is otherwise unable to use such property for purposes
of implementing the Project, the City Council directs that staff not construct any
improvements on, or repave or restripe such property.
PASSED, APPROVED and ADOPTED by the City Council of the City of Seal
Beach at a regular meeting held on the 26th day of April , 2010 by the
following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
Mayor
ATTEST:
CITY CLERK
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5995 on file in the
office of the City Clerk, passed, approved, and adopted by the City Council of the
City of Seal Beach, at a regular meeting thereof held on the 26th day of April, 2010.
City Clerk
4
Attachment "B"
Responses to Comments and Mitigation Monitoring and
Reporting Program
Responses to Comments
And
Mitigation Monitoring
and Reporting Program
for the
River's End Staging Area and
San Gabriel River Bikeway Enhancement Plan
SCH #: 2010021026
LEAD AGENCY:
City of Seal Beach
2118 th Street
Seal Beach, CA 90740
Contact: Mr. David Spitz, P.E., Associate Engineer
(562) 431 -2527
PREPARED BY:
RBF Consulting
14725 Alton Parkway
Irvine, CA 92618
Contact: Mr. Glenn Lajoie, A1CP
Mr. Alan Ashimine
(949) 472 -3505
March 2010
JN 10- 105896
River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
Responses to Comments and Mitigation Monitoring and Renortina Proaram
TABLE OF CONTENTS
PAGE #
1. INTRODUCTION ....................................................................................................... ..............................1
2. RESPONSES TO COMMENTS ................................................................................ ..............................2
3. MITIGATION MONITORING AND REPORTING PLAN .......................................... ........................:....17
March 2010 i Table of Contents
- River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
Responses to Comments and Mitigation Monitoring and Revortina Proaram
1. INTRODUCTION
The River's End Staging Area and San Gabriel River Bikeway Enhancement Plan Project, proposed by the City of
Seal Beach, is located within the cities of Seal Beach and Long Beach. The majority of proposed improvements
would occur within the southwestern portion of Seal Beach, while linear improvements (recreational trail
enhancements) would extend along the San Gabriel River, through both Seal Beach and the eastern portion of Long
Beach. The Project can generally be categorized by the following primary components: 1) improvements to the
Rivers End Staging Area (RESA); and 2) improvements to the San Gabriel River Trail. Proposed on -site
components at the RESA would consist primarily of landscaping improvements (and associated irrigation facilities),
new /renovated sidewalks, new asphalt paving, signage, lighting, picnic /bench facilities, and a series of seat walls to
block wind -blown sand from reaching the RESA. Improvements along the San Gabriel River Trail would include
resurfacing and restriping of the existing trail, directional signage improvements, fencing, landscaping, and irrigation.
In accordance with the California Environmental Qua /ityAct (CEQA) Guidelines and the City of Seal Beach policies
for implementing CEQA, an Initial Study /Mitigated Negative Declaration (IS /MND) has been prepared for the
proposed Project.
The IS /MND was made available for public review and comment pursuant to CEQA Guidelines Section 15070. The
public review commenced on February 5, 2010 and expired on March 10, 2010. The IS /MEND and supporting
attachments were available for review by the general public at the City of Seal Beach Planning Division (211 8"h
Street, Seal Beach), Mary Wilson Library (707 Electric Avenue, Seal Beach), Rossmoor /Los Alamitos Library (12700
Montecito Drive, Seal. Beach) and Leisure World Library (2300 Beverly Manor Road, Seal Beach).
March 2010 1 Introduction
Ci SE�f
River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
Responses to Comments and Mitigation Monitoring and Reporting Program
BEY, tp
2. RESPONSES TO COMMENTS
During the public review period, comments were received on the IS /MND from certain interested public agencies and
private parties. The following is a list of the persons, firms, or agencies that submitted comments on the IS /MND
during the public review period:
Although the CEQA Guidelines do not require a Lead Agency to prepare written responses to comments received
(see CEQA Guidelines Section 15088), the City of Seal Beach has elected to prepare the following written responses
with the intent of conducting a comprehensive and meaningful evaluation of the proposed Project.
The number designations in the responses are correlated to the bracketed and identified portions of each comment
letter.
March 2010 2 Responses to Comments
Paul Simonoff
1
Technical Supervisor
February 10, 2010
February 16, 2010
Southern California Gas Company
Christopher Herre
2
Branch Chief, Local Development/
Intergovernmental Review
March 1, 2010
March 1, 2010
California Department of Transportation, District 12
Edward D. Selich
3
Project Manager
March 5, 2010
March 5, 2010
Bav City Partners
Christopher Herre
4
Branch Chief, Local Development/
Intergovernmental Review
March 9, 2010
March 10, 2010
California Department of Transportation, District 12
Although the CEQA Guidelines do not require a Lead Agency to prepare written responses to comments received
(see CEQA Guidelines Section 15088), the City of Seal Beach has elected to prepare the following written responses
with the intent of conducting a comprehensive and meaningful evaluation of the proposed Project.
The number designations in the responses are correlated to the bracketed and identified portions of each comment
letter.
March 2010 2 Responses to Comments
Southern
California
Gas Company
A Sempra Energy utility-
February 10, 2010
City of Seal Beach
211 Eighth St
Seal Beach, CA 90740
Atfen`fio`n:7 Mark Persico
COMMENT #1
1919 S. State College Blvd.
Anaheim, CA 928176-6114
Jr. ~
Jog"
aU
r
Subject: Mitigated Negative Declaration for River's End Staging Area and San
Gabriel River Bikeway Enhancement Plan.
This letter is not to be interpreted as a contractual commitrnent_ to serve the proposed
project but only as an information service. Its intent is to notify you that the Southern
California Gas Company has facilities in the area where the above named project is
proposed. Gas facilities within the service area of the project could be altered or
abandoned as necessary without any significant impact on the environment.
Information regarding construction particulars and any costs associated with initiating
service may be obtained by contacting the Planning Associate for your area, Frank Winn,
(714)634 -5016.
Technical Supervisor
Pacific Coast Region - Anaheim
Ps/mr
rnilnegdc,doc
1.1
River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
Responses to Comments and Mitigation Monitoring and Reporting Proaram
Response No.1
Paul Simonoff
Technical Supervisor
Southern California Gas Company
February 10, 2010
1.1 The commentor states that the the Southern California Gas Company has natural gas facilities in the Project
area and that facilities could be altered or abandoned without any significant impact on the environment.
The comment does not provide specific comments regarding information presented in the IS /MND. No
further response is necessary.
March 2010 4 Responses to Comments
93/01/2010 17 :11 9497242592 CALTRANS COMMENT #2
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B't,�rertieR ��
DEPART Mw OF TRANSPORTATION
District 12 .
3337 Midxlssm Driva. suite 31
lnrine, CA 92612 -8894
Tel: p49j 7242267
Fax: (gag} 724 -2592
Marsh 1, 2010
Mr. Mark Persico
City of Seal Beach
211 Eighth Street
Seal Beach, California 90740
k m9W rjk kwl
File: IC WJCEQA
SCH ##: None
Log #= 2460
SR-1, SR -22,1 -405
Subject -Rivr is End Staging Area and Sari Gabriel River $ikaway Enhancernemt Plau
Dam h1?r. Persieo:
Thank You for ft opportunity to review and comment on the Mitigated Negative Declaration for tike
River's End Staging Area (RESAT) and Sam Gabriel Rive Bikeway Enhancement Plan. The
proper projed would Odd 0.61 -6cre to the existing USA site for s total of 3.31 acres. 7%c .existing
114 -sgasx parking lot would be repaved and restriped to include 115 parking spaces, and the Windsurf
Park would be expanded. The southern portion of the RESA would be improved as well with various 2.1
improvements. The reach of San Griel River Meway Trail between RESA and 1.405 would also be
improved. RESA is located ated at the soufl= terrrrirurs of First Street within Sear Beach, adjacent to the
mouth of the San Gabriel River. The San Gabriel River Bdoeway Trail is a paved -regional t'�ecreatimW
trait along the eastern boundary of the San Gabriel River.
The California Deparrtment of Trauuspurtation (Department), District 12 is a responsible agency on
this project, and bas the following comments,
1. If any project work (e.g. storage of materials, street widcning, emergency access mVr#veiryrt>:ts,
sewer connections, sound walls, storm drain construction, street corrections, etc.) viU occurin the
vicinity of the Department's Rxghtrof -Way, an encroachment permit is- required pi* to
commeneement of work. Please allow 2 to 4 weeks for a complete submittal to be reviewed anA four a. 2.2
permit to be issued. When applying far as Eirmuwbment Perini#, please incorporate Environzhental
Documentation, SWPPP/ WPCP, hydraulic Cahcttlaiioos, Traffic Control Plaits, C3eotechnical
Analysis, Right -of -Way certificatio ' atnd all relevant design tills including design exception
approvals. For specific details on the Department's Encroachment Permits procedure, please refer to
the Department's Encroact mdat Permits Manual. The latest edition of the tganual is ava able on tike
web site: b t .Awww dot.ea south it—mg Wdevelossscrvlvermits/
Please contiaoc to keep us infotamed of this project and any U= developments, which could potcatially,
itripact the State Transportation Facilities. If you have any questions or need to contact us, please do not
hesitate to call Zhongp ng (John) Xu at (949) 724 -2338,
Sinter ,
ClWJSTOPHERHERRE
Branch Chief, Local Dtvelcprnertt/1'ntergovemtnmtal review
River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
Responses to Comments and Mitigation Monitoring and Reporting Program
Response No. 2
Christopher Herre, Branch Chief
Local Development/Intergovernmental Review
California Department of Transportation, District 12
March 1, 2010
2.1 The commentor provides a summary of the Project description as outlined in the IS /MND. No further
response is necessary.
2.2 This paragraph states that an encroachment permit would be required from the California Department of
Transportation (Caltrans) if any Project work (storage of materials, street widening, emergency access
improvements, sewer connections, sound walls, storm drain construction, street connections, etc.) would be
required within Caltrans right -of -way (ROW). Since no such activities would be required within Caltrans
ROW, no further response is necessary.
March 2010 6 Responses to Comments
COMMENT #3
Bay City Partners
29999 Westminster Avenue Suite 211
Seal Beach, California 90740 562- 594 -6715
Mr. Mark Persico, Director Development Services
City of Seal Beach
211 Eighth Street
Seal Beach, -CA 90740
March 5, 2010
Re: Comments on HAND for Rivers End Staging Area and San Gabriel River
Bikeway Enhancement Plan
Dear Mark,
The following are Bay City's comments oh City of Seal Beach Rivers End Staging Area
(RESA) and Sari Gabriel River Bikeway Enhancement Plan Initial Study /Mitigated
Negative Declaration (IS /MND):
1. Project Description
A comparable level of detail as provided in Exhibit 2-4 Proposed RESA Conceptual
Plan should also be provided in a modified Exhibit 2 -3 Proposed Trail and Staging
Area Enhancement Master Plan. The current Exhibit 2 -3 represents a good faith
effort to provide project details and establish existing visual setting, but should be
enlarged to span several pages so that the information and views can be better seen
and understood. The top two images (proposed Mastei Plan and panoramic photos)
should be expanded to a single graphic. Additional detail should be added to the
proposed Master Plan, more in keeping with the detail level of Exhibit 2-4. The
photos should be enlarged and limited to 4 to 6 to a page. To better establish the
existing setting, additional photos should be added that display existing features
within the project site, cited on page 2 -1: a City -owned 3,085 square foot (sf)
maintenance structure, associated storage yard, and a 597 sf privately -owned oil
facility structure. Sections A and B should be enlarged to occupy a single page.
3.1
Hazards and Hazardous'Materials
Section 4.7 Hazards and Hazardous Materials lacks any discussion or analysis of
the existing site-features noted above (maintenance structure, associated storage
yard, and privately -owned oil facility. structure). Hazardsthazardous materials 3.2
related jyu
activities associated with these uses should be described, together with a database
check for anyhistorical releases of hazardous materials and clean -up- status, as
appropriate. This infoithation is needed-to ensure that less than significant hazards
and hazaeddtis materials impacts can be assured without additional mitigation.
measures addressing these existing uses.
111. Hydrology and Water Quality
The discussion for threshold (i) in Section -4.8 Hydrology and Water Quality does not
include analysis of the impact of climate change and the risk of flooding from sea
.level rise on the. proposed project and project site. The location of the site near the.
Pack Ocean.necessitates an impact evaluation of sea level rise. orr the project"site
.arid the potential impact on the increased nurnbef,of users that will be drawn to the 3.3
improved. RESA and the enhanced San Gabriel River Bikeway. A water quality
management plan should be prepared as is required of any private development
project prior to issuance: of discretionary .permits. The city should meet the. some
level:k requires ofthe private.sector for this project. The analysis and plan_ should
address how the city will incorporate new water quality regulations scheduled to go
into effect-July 1; -2010
IV. Land Use_ and Planning
Mention of the City's eminent domain action is. cited on page 2-7 of the IS /MND.
Discussion of project consistency with the California Coastal Act, Article 2,-Public
Access is included on.page 4.9 -3 under the environmental analysis for threshold (b).
This discussion lacks mention, however, -of than City's intent to provide public access 3.4
across private p operiy. vi #hout permission for the. RESA driveway feature. and the
bike trail. in addition,: no discussion is included regarding: 1) the Los Angeles City
Department of Water and -Power (DWP) Specific Plan; �2) proposed residential
development planned for the- Bay City property; or 3) how the proposed project fits
into the overall planning effort for this area.
V. Mineral Resources
The - discussion contained in Section 4.10 contains no mention -of the privately -owned
oil facility structure within the northern portion of the site and potential project 3.5
impacts on this facility, or alternatively, impacts of the oil facility on the project site.
Discussion of this facility is needed within the Mineral Resources.section, and also
potentially within the Hazards and '(-Hazardous Matefials section, if appropriate.
2
Vl. Transportation/Traffic,
Recreational enhancements to the RESA and San Gabriel River trail will attract
additional users. There is no discussion in Section 4.15 Transportation/Traffic as to 3.6
the adequacy of existing parking facilities (114 spaces); and the ability of planned
parking capacity (115 parking spaces, incorporating five handicapped spaces} to
accommodate an increased level of recreational usage. This discussion is necessary
to allow a determination as to parking adequacy.
VII. Piecemealing
Under CEQA guidelines "a project description must include all relevant parts of
a project, including reasonably foreseeable future expansion or other activities
that are part of the project [Laurel Heights Improvement Ass'A v ,Regents of
Vniv. Df Cal. (1988) 47 Cal. 3d 376] .
The city is currently processing an application and environmental documents on an
amendment to the DWP Specific Plan adjacent to the project Since the majority of
the DWP Specific Plan is designated "Public Open Space" with a 32-year history of
the city desiring Was City owned Open Space -it is a teas-
easonably foreseeable future
expansion of the Rivers End-Staging Area and San Gabriel River Trail
enhancements and will have activities that are part of the Rivers End proiect. For
example the res #rQOni and parking areas will serve in part or wholly the Public Open
Space area.
As such the city should combine the environmental analysis of both projects into one
complete and cornprehehsiVe environmental document. To do otherwise is a.classic
case of piecemealing under CEQA.
Edward D Selich
Bay City Partners Project Manager
627 Bajrside. Drive
Newport Beach Ca 92660
949- 723 -6383
edselich@,roadrunner.com
3
3.7
Ci SEAt
�t y River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
Responses to Comments and Mitigation Monitoring and Reporting Program
Response No. 3
Edward D. Selich
Project Manager
Bay City Partners
March 5, 2010
3.1 The commentor states that Exhibit 2 -3, Proposed Trail-and Staging Area Enhancement Master Plan of the
IS /MND should be enhanced to provide the same level of detail as Exhibit 2 -4, River's End Staft Area
Concept P /an, and that photos of the existing City maintenance structure, storage yard, and oil facility
structure at the RESA should be provided.
Given that the proposed improvements along the San Gabriel River Trail would extend approximately 3.4
miles, it is not feasible to provide the same level of detail as Exhibit 2-4 of the IS /MND, which focuses only
on improvements to the RESA. A total of 22 photographs are provided to give the reader an understanding
of typical conditions along the trail. In addition, areas and types of proposed improvements are clearly
denoted on the exhibit. Exhibit 2 -3 of the IS /MND is adequate to provide the reader with a clear
understanding of existing conditions and a disclosure of the Project's potential environmental impacts.
The existing City maintenance structure /storage yard and oil facility at the RESA are described within
Section 2, Project Description, of the IS /MND. Although photographs of these facilities are not provided in
the IS /MND, they are clearly demarcated on Exhibit 2 -4. Moreover, photos of these facilities are not
necessary to disclose the potential environmental affects of the Project since they would not be directly
affected by any proposed improvements.
3.2 The commentor states that the IS /MND should provide additional information regarding hazardous materials
associated with the City maintenance structure /storage yard and oil facility at the RESA. While the
proposed Project would involve improvements to the RESA, none of the improvements would directly affect
the existing City maintenance structure /storage yard or oil facility. Project facilities are only proposed
around the perimeter of these facilities (i.e., landscaping, a block wall, and a tubular steel fence/gate). None
of the structures or foundations would be altered in any way and a nominal amount of soil disturbance would
be required. In addition, the Project would be subject to Federal, State, and local standards regarding
requirements in the event unanticipated hazardous materials are uncovered during construction, and no
mitigation measures are required.
3.3 This paragraph states that the Section 4.8, H dy ro %qy and Water Quality, should analyze the impacts of
climate change and the risk of flooding from sea level rise. In addition, it states that a Water Quality
Management Plan (WQMP) should be prepared for the Project prior to issuance of any discretionary
permits.
A detailed, quantified analysis of global climate change impacts is provided within Section 4.3, Air Q g alit of
the IS /MND. The analysis concluded that the Project's greenhouse gas emissions would be less than
significant, upon implementation of Mitigation Measures AQ -1 through AQ -3 within the IS /MND.
While there is broad agreement on the causative role of greenhouse gases to climate change, there is
considerably less information or consensus on how climate change would affect any particular location,
operation, or activity. As with any coastal area throughout the world, it is speculative to determine the
significance of any potential flooding impact due to global climate change, particularly since a range of
protective measures (such as levees) may be installed by regional and local governments to protect
urbanized areas. Efforts are underway on a statewide -level to develop strategies to cope with impacts to
habitat and biodiversity through planning and conservation. The results of these efforts help California
agencies plan and implement mitigation strategies for programs and projects. On November 14, 2008,
March 2010 10 Responses to Comments
- - River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
Responses to Comments and Mitigation Monitoring and Reporting Program
Governor Schwarzenegger signed Executive Order S -13 -08 which directed a number of State agencies to
address California's vulnerability to sea level rise caused by climate change. The Natural Resources
Agency, (Resources Agency), through the interagency Climate Action Team, was directed to coordinate with
local, regional, State and federal public and private entities to develop the 2009 California Climate
Adaptation Strategy (Climate Adaptation Strategy). It is important to note that the report identifies that the
type and degree of the impacts that climate change would have on humans and the environment is difficult
to predict at the local scale.
According to the United Nations and World Meteorological Organization's Intergovernmental Panel on
Climate Change (IPCC), climate change is expected to raise sea levels by up to four feet. The project area
is at a coastal location and sea level rise of this magnitude could inundate portions of the local coastline.
However, this extent of sea level rise is subject to debate, and would not occur for at least 100 years.
Additionally, the project would not include any significant new development or habitable structures that
would endanger human health or property. Given the lack of data, absence of impact criteria, and
speculative nature of coastal flooding due to global climate change, no additional analysis is required within
the IS /MND.
Like any other project within the City of Seal Beach, and consistent with existing Santa Ana Regional Water
Quality Control Board (RWQCB) permit requirements, the Project would require preparation of a Water
Quality Management Plan (WQMP). This WQMP would be prepared in accordance with Drainage Area
Management Plan (DAMP) regulations. Since the WQMP is an existing Santa Ana RWQCB permit
requirement and the proposed Project would be in full compliance, no mitigation is required and no
additional analysis is necessary.
3.4 This paragraph states that the IS /MND does not adequately discuss public access across private property
for the RESA driveway and San Gabriel River Trail. In addition, the commentor states that the IS /MND does
not discuss the Department of Water and Power (DWP) Specific Plan (located immediately north of the
RESA), proposed residential development on the DWP site, or overall planning efforts for the area.
As stated within Section 2.4.1, River's End Staging Area Improvements of the IS /MND, on September 3,
2009, the City of Seal Beach filed an eminent domain action to acquire a 10,768 square foot parcel of land
for public access to the RESA parking lot and a 10,233 square foot parcel of land for sewer maintenance at
First Street and Ocean Avenue. The property owner, Bay City Partners, has authorized the public use of
both parcels of land; however, this authorization can be revoked at anytime. The City of Seal Beach and
Bay City Partners are in discussions regarding an agreement that would transfer ownership of the parcel in
question to the City. Due to the evolving nature of court cases in general, the sequence and timing of
events may change. However, access to the RESA is not anticipated to be affected by the Project, and no
additional analysis within the IS /MND is required.
As stated in detail in Response 4.7, below, the proposed Project would occur independently of any
development proposed as part of the DWP Specific Plan. Although a small portion of the RESA site exists
within the boundaries of the DWP Specific Plan, no change in land use would occur and only minor
enhancements (landscaping, sidewalks, lighting, signage, and a gate) consistent with the existing site
character would be implemented. Moreover, the portion of the site within the DWP Specific Plan is currently
being acquired by the City of Seal Beach. Since the Project would be consistent with designations under
the City of Seal Beach General Plan and Comprehensive Zoning Ordinance in addition to the California
Coastal Act, no further analysis within the IS /MND is required.
3.5 The commentor states that the IS /MND should include an analysis of mineral resource impacts associated
with the privately -owned oil facility situated on -site. As stated above in Response 4.2, the proposed Project
would not directly alter the oil facility or affect its operation in any way. The Project would only involve
March 2010 if Responses to Comments
River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
Responses to Comments and Mitigation Monitoring and Reporting Proaram
improvements surrounding the facility, in the form of landscaping, a block wall, and a tubular steel
fence /gate. Thus, no analysis of potential mineral resources impacts is required.
3.6 This paragraph states that the Project would attract additional users to the RESA site and that parking at the
facility may not be adequate to accommodate recreational usage. The proposed Project would include
recreational enhancements at the RESA and along the San Gabriel River Trail. While improvements at the
RESA could potentially attract additional recreational users, any increase in usage is speculative and cannot
be accurately quantified. In addition, the Project would not result in any change in land use, nor would it
result in a substantial increase in capacity. While improvements at the RESA would include a single
additional parking space (from 114 spaces to 115), additional paved area, landscaping, picnic /bench
facilities, and seat walls, none of the improvements would provide an increase in use that would have an
adverse impact on traffic and/or parking. In addition, none of the structures at the RESA would be
expanded. Thus, no additional analysis is required within the IS /MND.
3.7 These paragraphs state that the proposed Project and the DWP Specific Plan should be analyzed in a single
environmental document, and that preparation of the River's End Staging Area and San Gabriel River
Bikeway Enhancement Plan IS /MND represents °piecemealing° under CEQA.
The River's End Staging Area and San_ Gabriel River Bikeway Enhancement Plan IS/MND does not
represent °piecemealing" under CEQA for the following reasons:
1. The RESA and San Gabriel River Bikeway are existing facilities that have operated for many
years in the absence of any development on the DWP Specific Plan site;
2. The RESA and San Gabriel River Bikeway can continue to operate in the future without any
development occurring on the DWP Specific Plan site;
3. None of the improvements associated with the proposed Project are contingent upon any future
development that may occur on the DWP Specific Plan site; and
4. The River's End Staging Area and San Gabriel River Bikeway Enhancement Plan and the DWP
Specific Plan can both operate completely independently of one another, and both elements
demonstrate independent utility.
Thus, the IS /MND does not represent "piecemealing° under CEQA.
March 2010 12 Responses to Comments
03/10/2010 12:54 562- 4308763
03/09/2010 17:55 9497242592
;1.. C•;: u _ a ta: :l:, r. :Fi: Vii' _ rl•1� a .I• _;.. I: 1�.1< 1 !':7.:•l
DEPARTMENT of TRANSPORTATION
DL*id 12
3337 Micbcbm Dciv; Sure 380
IvirA CA9HUM94
Tak (949) 72d-=I
F= (949) 774 -2592
Nwvb 9; 2010
Marls Persico
city of Seat Beach
211 a Street
Seel Beach, CA 90740
COMMENT #4
File: ICWCEQA
0;2010021026
Log 0: 2466
1-4.05
�J
playw
It a rV40ddfid
Subject: River Enda Stag Area and San Gabriel River Bike Way Enhancement plan
Dear Mr. Pwsiao,
7 aak yen ib' the oRmft sfity w review mold camareat on the lnitW Study and Midpted
Negative Detturation (ISIMND) fbr the River )wdx Std Area (iiSEA) and San Gabriel
Rivw Dfte Way Enhancement The RSRA is utrzed as a recrea�ional staging area fa the
Sim Gabriel Bawl Trail and local beach am lmpMveaments to the edstmg San C -brie! River trail 4.1
are proposed from the southerly terminus at the RSEAi, then proceeding aotth crossing tbmugh
the cities of Seal Beach and Long Beach ultimately ending at the brilm trad's i uncetioa I-
405. The project ate is located at the southern ten dws of First Street Wltbin Seal D=%
adjacent to the mouth of Sea Gabriel River.
The Deparfma nt of Transportation (Department) is a responsible agency as thin project acid we
have the Mowing comments:
1. In the event of any activity im the Department's Right of Way, an encroachment penoaut aril
be req&W. For spec& details on Fncmecchm t Pemmit9 procedure, pletse raft to the
Deppasunenes Encroachmen Permits Moe n!, Seventh Edition If the emYhonatental 4.2
doeumentation ibr the project does rat meet the Depa[ wit's requirements, additional
dvctunea ion would be ragcrired before appmval of the encroachment penmh. ',iris
Mai w is avaMe on the web site >y-ww.dot.ca,gmolad mffons/_dmmLc mm*
2. Ali eadtfes other droll DepatanM's homes wod®g wabin the DeparWxW® Right of Way must
obtain a Eamoadluneat Parnh prior to commeao mart of work. A fee may apply. If the oost of
work v ibaa the Stye rlgbt of way a below Million Dalton, the Fmma bnW l h ptnooss
a2 be bwAW by the DaeprtmwVs Permits bawk- ofrwise the project should be r$vieevod and
approved by Ned Dcydopmm before a pmh application is svbmbW to Permits Bra mbi.
Allow 2 to 4 weeks the a aomplete submhW to be reviewed and for a permit to be issued. When 4.3
aWYmg for Enca+o®elnen= Permit, please iaoamand a EnvaantumW P. c".0 , SWPPP/
WPCPa hydra& Comkdwus, Traffle Control "Mus; awmchnw ,AsMysis, R/W carM atian
and all relevant design derails iodnding design e:c q*oon appcevda. Please show Stage R/W knee
sad North Anvw'on all plans. For specific deu 0s an Ewmad meet Permits procedure, plaese raft
to the DeaprtmeWs Swoodbo at Panaits M=W.
Gabrmor �nob!lt�1 aCmUa Co�rn/a"
°�
To
aut,
omicept
iN
Ca
v ,eat QTR
FOX a
File: ICWCEQA
0;2010021026
Log 0: 2466
1-4.05
�J
playw
It a rV40ddfid
Subject: River Enda Stag Area and San Gabriel River Bike Way Enhancement plan
Dear Mr. Pwsiao,
7 aak yen ib' the oRmft sfity w review mold camareat on the lnitW Study and Midpted
Negative Detturation (ISIMND) fbr the River )wdx Std Area (iiSEA) and San Gabriel
Rivw Dfte Way Enhancement The RSRA is utrzed as a recrea�ional staging area fa the
Sim Gabriel Bawl Trail and local beach am lmpMveaments to the edstmg San C -brie! River trail 4.1
are proposed from the southerly terminus at the RSEAi, then proceeding aotth crossing tbmugh
the cities of Seal Beach and Long Beach ultimately ending at the brilm trad's i uncetioa I-
405. The project ate is located at the southern ten dws of First Street Wltbin Seal D=%
adjacent to the mouth of Sea Gabriel River.
The Deparfma nt of Transportation (Department) is a responsible agency as thin project acid we
have the Mowing comments:
1. In the event of any activity im the Department's Right of Way, an encroachment penoaut aril
be req&W. For spec& details on Fncmecchm t Pemmit9 procedure, pletse raft to the
Deppasunenes Encroachmen Permits Moe n!, Seventh Edition If the emYhonatental 4.2
doeumentation ibr the project does rat meet the Depa[ wit's requirements, additional
dvctunea ion would be ragcrired before appmval of the encroachment penmh. ',iris
Mai w is avaMe on the web site >y-ww.dot.ca,gmolad mffons/_dmmLc mm*
2. Ali eadtfes other droll DepatanM's homes wod®g wabin the DeparWxW® Right of Way must
obtain a Eamoadluneat Parnh prior to commeao mart of work. A fee may apply. If the oost of
work v ibaa the Stye rlgbt of way a below Million Dalton, the Fmma bnW l h ptnooss
a2 be bwAW by the DaeprtmwVs Permits bawk- ofrwise the project should be r$vieevod and
approved by Ned Dcydopmm before a pmh application is svbmbW to Permits Bra mbi.
Allow 2 to 4 weeks the a aomplete submhW to be reviewed and for a permit to be issued. When 4.3
aWYmg for Enca+o®elnen= Permit, please iaoamand a EnvaantumW P. c".0 , SWPPP/
WPCPa hydra& Comkdwus, Traffle Control "Mus; awmchnw ,AsMysis, R/W carM atian
and all relevant design derails iodnding design e:c q*oon appcevda. Please show Stage R/W knee
sad North Anvw'on all plans. For specific deu 0s an Ewmad meet Permits procedure, plaese raft
to the DeaprtmeWs Swoodbo at Panaits M=W.
Gabrmor �nob!lt�1 aCmUa Co�rn/a"
03/10/2010 12:54 562 - 4308763 PAGE 03/04
031,09/2010 17:55 9497242592 CALTRANS PAGE 02/03
If any project wont (e.& storage of materials, street widening, enwrgency acme
improvemerds, sewer conaeWons, sound walls, swm drain c mtzuctloo, street
connection% cte.) occurs in the vicinity of the Department's Right of Way, ata
encroachment permit would be required and envimnmentat aoncems must be adequately
addressed. If the awironmenW documentation for the project does not teeet the
Department's irequiremenU, additional documentation (e,g. Native American Hedtage
Commission conselltadan for ml mA resources) would be mquir+ed before approval of the
encroachment permit. Please coordinate with the Department to most requlremems for any
work within or near tine Department's Right of Way. (fee .4rtsOmm. Emn mmial
Pxvkw,R +eM for E,ar wa*mmf Pvn .q)
Please continue to keep us infomed of this project and any future developments, which could
potentially impact the State Transportation Fa+cilkies, K you have any questions or need to
contact us, please do not hesitate to call Maiyam Molavi at (949) 7214 -2267.
Simady,
Christopher H ch Chief
Local Development atergove=emai Review
4.4
q
03/1012010 12:54 562 - 4308763 PAGE 04/04
03/09/2910 17:55 9497242592 CALTRAMS _ PAGE 03/03
EPi MONAPMAL RLTRW ]iEQUMX36MS FOR 19KCROACi MUM PXRM 1'S
Any Party, outside of C altrnns, that doors weak an a State highway or Thim -Arm Hig vvay in Cailiarnia needs to apply foram
encroactment pamit. To ncquira any ancroachnmut permit, eaviram mtai concerns mash be addressed, Envir'0mental -
eview of encroachment permit apNinations many take 3 weeks Mike application is complete or longer if the application is
lxtconplcta For soli diaftnUng sativift (mg. potaehmieal borhW, grading, usage of napaveel toads from which dirt alai other
materials may be tracked onto the StateRnterstale hiStways, etc.), compliance with Water Quality ma Cultural Relip mea
Provisions we ampbaidzed. Surveys may/ may not be soil - disturbing activities, depending on the site and survey method_
A eomplato application for environmental ro*iew includes the Ibiliawlnwc
I. if an wdramene l doaruaeat M E1Tt/EC9, M. ado) has bast oemPIdmd for ft IAA mph' of the &=a approved docmneat
must be m*vd Sad with the application.
x Water OnsUn Fravisloec All work within the State Righ of Way must ca aQ - to Caltam Standard Plans and Standard
SpeciFea =9 for water Pollution Control including production of a Water pollution Control Program or $torn Water
POW= Prevention Plan as raquued. The applicant Must p%vv]de Snereacbments with a copy of the Stone Water Po]lu oL
greventiom Plan CUM including Bast 1maualtement Praeticas QDes) to be implamwed for construction activities
impacting Cebms Right of Way, per - 1at+e-1 Car this as t=g*ml by the Npms matewide stwo water Permit fat Gmreral
Consauction Activities If no SWPPP has been prepared for tibia project, than the >pp mwm must follow the regoirements
described in the 41tached Water Pollution Control Proviaiiana (please sae attachment),
S. COlbtgJkgoum PrOVISION&LIf not included in the a tvirommental doettment, before permit approval and
prod eat construction, the enercecinognt permit applicant must complete a f,'te&m3g Reanerre Aaseasglp,�t naaneat
to CWt ens P,avircumeatal Handbook, Volume 2, Appendix B -I, and Exhibit 1, as aaaended. Thu Cultural
Resources Assessment ere airs the preeeamee as absence of cultural resources within a one -mile radius of
the project area and evaluates the itnpact to any hista%leaUeultutah resource. Cultmtsl Resources include °*we
resomecs siguificmtt in American histoty, architecture. archaeology, and a tttM including Nmovpe Amen-can
Resoutms' (Caltrens Env:iummental Handbook, Vohuae 2, Chaptarl, as amended)]. The Cultural Resource
Assessment muse h4udc:
a) a clear project description and may indicating project work, staging srus, site access, eta;
b) a Reooad Search canductod at the South Centre] Caestal kformatioa Cesntar (SC=) Iocated at CaHfOMk State
University, Ulartcm, For fi&rmation call (714)- 2784395;
e) proof of Aiabve Amena n c=dts m. Consatitation knives contra n¢g the Native Amasican Unitage
Couoaission (NABC� %equating a smv* 4 their Sacred Lends are, and following the mcommendaticam
ptnvided by the MARC. For infarmatica call (916) 663 -4092;
d) daaamentatlon of any baidedc propeetisa.(e.g. prehistoria arA historic dta, buiidinge, stun hzvs, objoots, or
districts listed an. esligdrle Der, of Potentially eligible for' lisftg an the National Register of Maeda Places) within
a one mile radtus of the project area,
e) and a =M by "diWa chw doglet for all areas thatb>ve not beenprcvicuty ttoestrited.
Thu SC= and i11ARC lhm me app=hnare Wn ovwtd Ow of ;+wrap
4, Sfelaidesi Resonreaa Proets:ona: work OOpductu;d wltbitl Calttsna Right of Way should have the: appropriate
pleat pad wildNe stuweys completed by a qualified biologist. If the idatamadon is not included in the
amdronmental document, EeviroamenW Fiamsiug %equests that the applicant submit a copy of the biological
shy, ssavay. or technical report by a quah&A biologist that provides details an the etasting vegetation and
w11411iia at the project aite and say vegetation that is to be removed during p qmt activities. Official lists and
databases should also be cou ndW for sensitive spedu Ruch as rho California Natural Divettfty Database amid lists
provided by tim U.S. Fish and VAIdilh Servieo Bad tltc Califaamia Dcpa tma d of Fish and Game:. Any impacts
that affect waterways and dmi%zcs and/or OM apace during eem8trae:tieut, or that oew indirectly 4s a malt
of the prcloot must be coordinated with dtc Appropriate resource agenalea As guidance, war ask that the
applicant include:
)r) eotmpleted cnvironmvuW aigaifoarue oheoklist (sot just yae sad uo MMUBra, but a description abomld be given as to tits
xeason for the raspam),
c) s!$$itrgfateaago areas noted an pralect per,
d) pcoposad time of year for work and duration of activities (with infhanation available),
e} arty ptopased mititlatioa (if applicable to the peed eat),
t? and a record of any pr.W resource agerlay cotreapondegce (if applicable to the project).
4.5
River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
Responses to Comments and Mitigation Monitoring and Reporting Program
Response No. 4
Christopher Herre, Branch Chief
Local Development/Intergovernmental Review
California Department of Transportation, District 12
March 9, 2010
4.1 The commentor provides a summary of the Project description as outlined in the IS /MND. No further
response is necessary.
4.2 This paragraph states that an encroachment permit would be required from Caltrans in the event any activity
occurs within Caltrans ROW. Since no such activities would be required within Caltrans ROW, no further
response is necessary.
4.3 An encroachment permit would not be required for the Project since no construction activities would occur
within Caltrans ROW. No further response is necessary.
4.4 An encroachment permit would not be required for the Project since no construction activities would occur
within Caltrans ROW. No further response is necessary.
4.5 This comment describes Caltrans' environmental review requirements for encroachment permits. Since no
encroachment permit would be required, no further response is necessary.
March 2010 16 Responses to Comments
River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
Responses to Comments and Mitigation Monitorina and Revortina Proaram
3. MITIGATION MONITORING AND REPORTING PROGRAM
CEQA requires that when a public agency completes an environmental document which includes measures to
mitigate or avoid significant environmental effects, the public agency must adopt a reporting or monitoring plan. This
requirement ensures that environmental impacts found to be significant will be mitigated. The reporting or monitoring
plan must be designed to ensure compliance during project implementation (public Resources Code Section
21081.6).
In compliance with Public Resources Code Section 21081.6, the attached Mitigation Monitoring and Reporting
Program has been prepared for the River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
Project, This Mitigation Monitoring and Reporting Program is intended to provide verification that all applicable
Conditions of Approval relative to significant environmental impacts are monitored and reported. Monitoring will
include 1) verification that each mitigation measure has been implemented; 2) recordation of the actions taken to
implement each mitigation; and 3) retention of records in the Project file.
This Mitigation Monitoring and Reporting Program delineates responsibilities for monitoring the Project, but also
allows the City of Seal Beach flexibility and discretion in determining how best to monitor implementation. Monitoring
procedures will vary according to the type of mitigation measure. Adequate monitoring consists of demonstrating that
monitoring procedures took place and that mitigation measures were implemented.
Reporting consists of establishing a record that a mitigation measure is being implemented, and generally involves
the following steps:
• The City of Seal Beach distributes reporting forms to the appropriate entities for verification of compliance.
• Departments /agencies with reporting responsibilities will review the Initial Study, which provides general
background information on the reasons for including specified mitigation measures.
• Problems or exceptions to compliance will be addressed to the City of Seal Beach as appropriate.
• Periodic meetings may be held during project implementation to report on compliance of mitigation
measures.
• Responsible parties provide the City of Seal Beach with verification that monitoring has been conducted and
ensure, as applicable, that mitigation measures have been implemented. Monitoring compliance may be
documented through existing review and approval programs such as field inspection reports and plan
review.
• The City of Seal Beach prepares a reporting form periodically during the construction phase and an annual
report summarizing all project mitigation monitoring efforts.
• Appropriate mitigation measures will be included in construction documents and/or conditions of
permits /approvals.
Minor changes to the Mitigation Monitoring and Reporting Program, if required, would be made in accordance with
CEQA and would be permitted after further review and approval by the City of Seal Beach. Such changes could
include reassignment of monitoring and reporting responsibilities, plan redesign to make any appropriate
improvements, and /or modification, substitution or deletion of mitigation measures subject to conditions described in
March 2010 17 Mitigation Monitoring and Reporting Program
River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
Responses to Comments and Mitigation Monitorina and Reportina Proaram
CEQA Guidelines Section 15162. No change will be permitted unless the Mitigation Monitoring and Reporting
Program continues to satisfy the requirements of Public Resources Code Section 21081.6,
March 2010 18 Mitigation Monitoring and Reporting Program
River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
Responses to Comments and Mitigation Monitoring and Reporting Program
MITIGATION MONITORING AND REPORTING CHECKLIST
AESTHETICS
AES -1
Construction equipment staging areas shall be
Review and
Prior to Project
City Development
located, to the greatest extent feasible, away from
Approval of
Grading Plan and
Services Department;
existing residential uses and utilize appropriate
Project Plans and
Specifications
City Public Works
screening (i.e., temporary fencing with opaque
Specifications,
Approval, During
Director or his
material) to shield views of construction equipment
Field Inspection
Construction
Designee;
and material. Staging locations shall be identified
Construction
on final development plans and grading plans.
Contractor
Compliance with this measure is subject to periodic
field inspection.
AES -2
All construction- related lighting shall be located and
Review and
Prior to Project
City Development
oriented away from adjacent residential areas and
Approval of
Plan and .
Services Department;
consist of the minimal wattage necessary to
Project Plans and
Specifications
City Public Works
provide safety at the construction site. A
Specifications
Approval; During
Director or his
Construction Safety Lighting Plan shall be
Construction
Designee;
submitted to the City Engineer for- review
Construction
concurrent with the Grading Permit application.
Contractor
AES -3
The Project design shall include arrangement of
Review and
Prior to Project
City Development
on -site lighting so that direct rays would not shine
Approval of
Plan and
Services Department;
on or produce glare for adjacent street traffic and
Project Plans and
Specifications
City Public Works
residential uses near the Project site.
Specifications
Approval
Director or his
Development plans shall specify light fixtures that
Designee
comply with the standard of the Illuminating
Engineering Society IES for full cutoff capability.
AIR QUALITY .
AQ -1
During demolition, hauling, or other construction
Review and
Prior to Project
City Public Works
operations, excessive fugitive dust emissions shall
Approval of
Grading Plan and
Director or his
be controlled by regular water or other dust
Project Plans.and
Specification
Designee;
preventive measures using the following
Specifications;
Approval; During
Construction
procedures, as specified in the SCAQMD Rule 403.
City Public Works
Construction /
Contractor
March 2010 19 Mitigation Monitoring and Reporting Program
River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
Responses to Comments and Mitigation Monitoring and Reporting Program
• Limit on -site vehicle speed to 15 miles j Department Field Grading Activity
per hour. I Inspections
• Water material excavated or graded
sufficiently to prevent excessive amounts
of dust. Water at least twice daily with
complete coverage, preferably in the late
morning and after work is done for the
day.
• Water or securely cover material
transported on -site or off -site sufficiently
to prevent generating excessive amounts
of dust.
• Minimize area disturbed by clearing,
grading, earth moving, or excavation
operations so as to prevent generating
excessive amounts of dust.
• Indicate these control techniques in
Project specifications. Compliance with
the measure will be subject to periodic
site inspections by the City.
• Prevent visible dust from the Project from
emanating beyond the property line, to
the maximum extent feasible.
• Apply nontoxic chemical soil stabilizers
according to manufacturers'
specifications to all inactive construction
areas (previously graded areas inactive
for ten days or more).
March 2010 20 Mitigation Monitoring and Reporting Program
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Responses to Comments and Mitigation Monitoring and Reporting Program
• Trucks transporting soil, sand, cut or fill
materials, and /or construction debris to or
from the site must be tarped from the
AQ-2
Ozone precursor emissions from construction
Review and
Prior to
City Public Works
Prior to
City Development
equipment vehicles shall be controlled by
Approval of
Construction /
Department;
Construction /
Services Director;
maintaining equipment engines in good condition
Project Plans and
Grading Activity;
Construction
Grading Activity
Qualified Biologist
and in proper tune per manufacturer's
Specifications;
During '
Contractor
specifications, to the satisfaction of the City
City Public Works
Construction
Between February
Engineer. Compliance with this measure shall be
Department Field
construction survey conducted by a qualified
1 and August 31
subject to periodic inspections of construction
Inspections
biologist to identify any active nesting locations. If
equipment vehicles by the City and included in
the biologist does not find any active nests within
construction bid documents.
the impact area, construction will be allowed to
AQ -3
All trucks that are to haul material shall comply with
Review and
Prior to
City Public Works
California Vehicle Code Section 23114, with
Approval of
Construction I
Department;
special attention to Sections 23114(b)(F), (e)(2)
Project Plans and
Grading Activity;
Construction
and (e)(4) as amended, regarding the prevention of
Specifications;
During
Contractor
such material spilling onto public streets and roads.
City Public Works
Construction
This provision shall be provided in construction bid
Department Field
BIOLOGICAL RESOURCES
BIO -1
In order to protect migratory birds, the mature trees
Pre - Construction
Prior to
City Development
on -site should be removed or relocated between
Survey for Nesting
Construction /
Services Director;
September 1 and January 31. If tree removal or
Birds if Vegetation
Grading Activity
Qualified Biologist
relocation occurs between February 1 and August
Removal Occurs
31, the City of Seal Beach shall have a pre-
Between February
construction survey conducted by a qualified
1 and August 31
biologist to identify any active nesting locations. If
the biologist does not find any active nests within
the impact area, construction will be allowed to
proceed. If the biologist finds an active nest within
the construction area and determines that the nest
may be impacted, the biologist will delineate an
March 2010 21 Mitigation Monitoring and Reporting Program
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Responses to Comments and Mitigation Monitoring and Reporting Program
appropriate buffer zone around the nest depending
on the species and the type of construction activity.
Any active nests observed during the survey will be
mapped on an aerial photograph. Only construction
activities (if any), approved by the biological
monitor, will take place within the buffer zone until
the nest is vacated. The biologist shall serve as a
construction monitor during those periods when
construction activities shall occur near active nest
areas to ensure that no inadvertent impacts on
these nests shall occur. Results of the pre -
construction survey and any subsequent
monitoring shall be provided to the California
Department of Fish and Game (CDFG) and any
CULTURAL RESOURCES
CUL -1
An archaeologist -and a Native American Monitor
During Grading
During Grading
City Development
appointed" by the City of Seal Beach shall be
and Excavation
and Excavation
Services Department,
present during earth removal or disturbance
Construction
activities related to grading and excavation during
Contractor, Qualified
construction. If any earth removal or disturbance
Archaeologist and
activities result in the discovery of cultural
Native American
resources, the construction contractor shall cease
Monitor
all earth removal or disturbance activities in the
vicinity and immediately notify the City- selected
archaeologist and /or Native American Monitor, who
shall immediately notify the City of Seal Beach
Director of Development Services. The City -
selected archaeologist shall evaluate all potential
cultural findings in accordance with standard
practice, City of Seal Beach requirements, and,
other applicable regulations. Consultation with the
Native American Monitor, the Native American
March 2010 22 Mitigation Monitoring and Reporting Program
River's End Staging Area and San Gabriel River Blkeway Enhancement Plan
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Heritage Commission, and data/artifact recovery, if
CUL -2
If evidence of subsurface paleontological resources
is found during construction, -excavation and other
construction activity in that area shall cease and
the construction contractor shall contact the City of
Seal Beach Director of Development Services.
With direction from the Director of Development
Services, an Orange County Certified
Paleontologist shall prepare and complete a
standard Paleontological Resource Mitigation
Program.
Construction
Activities
During
Construction
City Development
Services Department;
Construction
Contractor; Certified
Paleontologist
(if necessary)
CUL -3
Should any human bone be encountered during
Construction
During
City Development
any earth removal or disturbance activities, all
Activities
Construction
Services Department;
activity shall cease immediately and the City-
Construction
selected archaeologist and Native American
Contractor; Qualified
monitor shall be immediately summoned, who shall
Archaeologist and
then immediately notify the City of Seal Beach
Native American
Director of Development Services. The Director of
Monitor
Development Services shall contact the Coroner
(if necessary)
pursuant to Sections 5097.98 and 5097.99 of the
Public Resources Code relative to Native American
remains. Should the Coroner determine the human
remains to be Native American, the Native
American Heritage Commission shall be contacted
pursuant to Public Resources Code Section
5097.98.
CUL -4
If more than one Native American burial is
Construction
During
City Development
encountered during any earth removal or
Activities
Construction
Services Department;
disturbance activities, a "Mitigation Plan" shall be
Construction
prepared and subject to approval by the City of
Contractor; Qualified
Seal Beach Development Services Department.
Archaeologist and
March 2010 23 Mitigation Monitoring and Reporting Program
The Mitigation Plan shall include the following
procedures:
Continued Native American Monitoring
All ground disturbance in any portions of
the project area with the potential to
contain human remains or other cultural
material shall be monitored by a Native
American representative of the Most
Likely Descendant (MILD). Activities to
be monitored shall include all
construction grading, controlled grading,
and hand excavation of previously
undisturbed deposit, with the exception of
contexts that are clearly 'within
undisturbed soil profiles.
• Exposure and removal of each burial
.shall be monitored by a Native American.
Where burials are clustered and
immediately adjacent, one monitor is
sufficient for excavation of two adjoining
burials.
• Excavation of test units shall be
monitored. Simultaneous excavation of
two test units if less than 20 feet apart
may be monitored by a single Native
American.
• If screening of soil associated with burials
or test units is done concurrently with and
adjacent to the burial or test unit, the
Native American responsible for that
River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
Responses to Comments and Mitigation Monitoring and Reporting Program
Monitor
(if necessary)
March 2010 24 Mitigation Monitoring and Reporting Program
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Responses to Comments and Mitigation Monitoring and Reporting Program
burial or test unit will also monitor the
screening. If the screening is done at
another location, a separate monitor shall
be required.
• All mechanical excavation conducted in
deposits that may contain human
remains (i.e., all areas not completely
within undisturbed soil profiles) shall be
monitored by a Native American.
Notification Procedures for New Discoveries
When possible burials are identified
during monitoring of mechanical
excavation, or excavation of test units,
the excavation shall be temporarily halted
while the find is assessed in consultation
with the lead field archaeologist. If the
find is made during mechanical
excavation, the archaeologist or Native
American monitoring the activity shall
have the authority to direct the equipment
operator to stop while the find is
assessed. If it is determined that the find
does not constitute a burial, the
mechanical excavation shall continue.
• If the find is determined to be a human
burial, the lead archaeologist shall
immediately notify the Site Supervisor for
the developer, as well as the Principal
Investigator. The Principal Investigator
shall immediately notify the MLD and the
March 2010 25 Mitigation Monitoring and Reporting Program
River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
Responses to Comments and Mitigation Monitoring and Reporting Program
Director of Development Services for the
City of Seal Beach.
Identification of Additional Burials
For all discovered human burials,
attempts shall continue to be made to
locate additional burials nearby through
hand excavation techniques. This shall
be done through the excavation of 1 x 1
meter exploratory test units (ETUs)
placed along transects extending radially
from each .identified burial or burial
cluster. The spacing of the ETUs shall
be determined upon consultation with the
Project Archaeologist and the MLD. The
radial transects shall'be designed to test
areas within 50 feet (15 meters) from the
edge of each burial or burial cluster.
Excavation of these units shall be limited
to areas containing intact cultural deposit
(i.e., areas that have not been- graded to
the underlying undisturbed soil profiles)
and shall be excavated until the
.undisturbed soil profiles are encountered,
or to the excavation depth required for
the approved grading plan. The soil from
-the ETUs along the radial transects shall
be screened only if human remains are
found in that unit.
• Controlled grading shall be conducted
within these 50 -foot heightened
investigation areas with a wheeled motor
March 2010 26 Mitigation Monitoring and Reporting Program
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grader. The motor grader shall use an
angled blade that excavates 1 to 2 inches
at a pass, pushing the soil to -the side to
form a low windrow. Monitors shall follow
about 20 feet behind the motor grader,
examining the ground for evidence of
burials.
When a burial is identified during
controlled grading, the soil in windrows
that may contain fragments of bone from
that burial shall be screened. At a
minimum this shall include the soil in the
windrow within 50 feet of the burial in the
direction of the grading.
• If additional burials are found during
controlled grading, additional ETUs will
be hand excavated in the radial patterns
described above.
Burial Removal and Storage
Consultation with the MILD shall occur
regarding the treatment of discovered
human burials. If the MILD determines it
is appropriate to have discovered human
remains pedestaled for removal, that
activity shall be conducted in a method
agreed to by the MLD.
• After pedestaling or other agreed upon
burial removal program is completed, the
top of a burial shall be covered with
_paper towels to act as a cushion, and
March 2010 27 Mitigation Monitoring and Reporting Program
River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
Responses to Comments and Mitlaadon Monitorina and Reportina Proaram
then a heavy ply plastic will be placed
over the top to retain surface moisture.
Duct tape shall be wrapped around the
entire pedestal, securing the plastic bag
and supporting the pedestal. Labels
shall be placed on the plastic indicating
the burial number and the direction of
true north in relation to the individual
burial. Sections of rebar shall be
hammered across the bottom of the
pedestal and parallel to the ground.
When a number of parallel rebar sections
have been placed this way, they shall be
lifted simultaneously, cracking the
pedestal loose from the ground. The
pedestal shall then be pushed onto a
thick plywood board and lifted onto a
pallet. A forklift shall carry the pallet to a
secure storage area or secure storage
containers located on the subject
property.
• If another agreed upon burial removal
program is utilized, that method shall be
carried out in a manner agreed upon
after consultation with the MLD and
concurrence by the Director of
Development Services.
Study of Burial Remains
• If the burials are removed in pedestal and,
are incompletely exposed, osteological
studies are necessarily limited to
March 2010 28 Mitigation Monitoring and Reporting Program
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determination (if possible) of age, sex,
position, orientation, and trauma or
pathology. After consultation, and only
upon written agreement by the MLD,
additional studies that are destructive to
the remains may be undertaken,
including radiocarbon dating of bone or
DNA studies. If the MLD determines that
only non - destructive additional studies
may be allowed, one shell may be
removed from each burial and submitted
for radiocarbon dating. The assumption
here is that the shell would have been
part of the fill for the burial pit, and
therefore would provide a maximum age
for the burial.
The MLD may indicate a willingness to
consider some additional exposure and
study of the skeletal material removed
from the sites. Such study would not
involve removal of the remains from the
project area, but rather would be
undertaken near the storage area. To
the extent allowed by the MLD, the bones
would be further exposed within the
existing pedestals or other medium
containing the human remains and
additional measurements taken.
Consultation with the MLD regarding the
feasibility of these additional studies prior
to reburial would occur.
March 2010 29 Mitigation Monitoring and Reporting Program
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.Repatriation of Burials and Associated Artifacts
Once all portions of the project area have been
graded to the underlying culturally sterile marine
terrace deposits, or to the excavation depth
required for the approved grading plan, the
repatriation process shall be initiated for all
recovered human remains and associated artifacts.
Once a reburial site has been identified and
prepared, the remains and associated artifacts
shall be transported from the secure storage area
to the site for reburial. Appropriate ceremony will
be undertaken during this process at the discretion
of the MLD.
Additional Studies
Considerable additional data relating to regional
research issues may be uncovered if substantial
numbers of human burials and other archaeological
features are encountered during the construction
monitoring for the development. If this occurs,
additional analysis shall be conducted. The
analysis shall be designed to more completely
address the research issues discussed in the
approved "Research Design," and to provide
additional mitigation. of impacts to the sites in light
of the new finds. The following studies would be
potentially applicable:
Radiocarbon Dating. In considering
the implications of the burials in
interpreting site use and regional
March 2010 30 Mitigation Monitoring and Reporting Program
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Responses to Comments and Mitigation Monitoring and Reporting Program
settlement, it is critical to assess the
time range represented by the
interments. Do they correspond to the
full temporal range of site use, or only
a limited timeframe? Although direct
dating of the bones may not be
possible due to the destructive nature
of the radiocarbon technique, the MLD
may approve the removal of a single
shell from the interior of each burial for
dating. Although this shall not provide
a direct date of the burial, assuming
the shell was part of the burial fill it
should provide a maximum age (that
is, the burial should not be older than
the shell). In addition, an equivalent
number of additional samples from
non - burial contexts would also be
taken for comparative purposes.
These data would provide a more
secure measure of the intensity of
occupation during different periods.
Sediment Cores. Dating results
obtained to date on the Hellman
Ranch /John Laing Homes properties
may suggest a possible link between
the use of the sites within the project
area and the productivity of the
adjacent lagoon and estuary systems.
To assess this link using independent
environmental data on the subject
property, two sediment cores will be
taken from suitable locations of the
March 2010 31 Mitigation Monitoring and Reporting Program
� '9f
River's. End Staging Area and San Gabriel River Bikeway Enhancement Plan
y v Responses to Comments and Mitigation Monitoring and Reporting Program
A TACO �
property. Sediments in the cores shall
be examined. and described in the field
by a geologist, and samples collected
for dating and pollen analysis. These
data shall then be used to help
reconstruct the habitats present on the
property during the periods the sites
were occupied. This analysis shall be
included in the final report
documenting the testing, data
recovery, and construction monitoring
phases of this investigation.
Comparative Studies. The substantial
assemblage of artifacts recovered
during the monitoring on the Hellman
Ranch /John Laing Homes properties
provides a basis for comparison with
other sites and shall contribute to an
understanding of regional patterns.
This analysis shall be included in the
final report (see below).
Animal Interments. Animal interments
may be discovered within the project
area. Because these are not human
remains, somewhat more intensive
study is possible. Because these
features are uncommon and represent
very culture - specific religious
practices, they are useful in
reconstructing cultural areas during
certain times in prehistory. Analysis of
animal interments will include: (1)
March 2010 32 Mitigation Monitoring and Reporting Program
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exposure to determine burial position;
(2) photo documentation; (3)
examination of skeleton for age /sex;
traumatic injury, pathology, butchering,
or other cultural modification; (4)
radiocarbon dating; and (5)
examination of grave dirt for evidence
of grave goods or stomach contents.
Curation
Cultural materials recovered from the cultural
resources monitoring and mitigation program for
the development shall be curated either at an
appropriate facility in Orange County, or, in
consultation with the City, at the San Diego
Archaeological Center.
Preparation of Final Report
The final technical report shall be prepared and
submitted to the City within 12 months of the
completion of the archeological Feld work. The
report shall conform to the guidelines developed by
the California Office of Historic Preservation for
Archaeological Resource Management Reports
(ARMR). It will be prepared in sufficient quantity to
distribute to interested regional researchers and
Native American groups. It shall thoroughly
document and synthesize all of the findings from all
phases of the cultural resources program. Funding
shall be provided by the landowner.
March 2010 33 Mitigation Monitoring and Reporting Program
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GEOLOGY AND
SOILS
GEO -1
The improvement plans shall include an Erosion,
Review and
Prior to Project
City Department of
on surrounding uses, the following measures shall
Approval of
Siltation and Dust Control Plan to be approved by
Approval of
Plan and
Public Works
be implemented. These measures shall be
Project Plans and
the City of Seal Beach Department of Public
Erosion, Siltation
Specifications
included in either a construction management plan
Specifications;
Works. The Plan's provisions may include
and Dust Control
Approval
or noted on construction plans to be approved by
City Field
sedimentation basins, sand bagging, soil
Plan
the City of Seal Beach.
Inspections
compaction, revegetation, temporary irrigation,
scheduling and time limits on grading activities, and
• All construction equipment, fixed or
construction equipment restrictions on -site. This
mobile, shall be equipped with properly
plan shall also demonstrate compliance with South
operating and maintained mufflers;
Coast Air Quality Management District Rule 403,
• Construction noise reduction methods
which regulates fugitive dust control.
such as shutting off idling equipment,
HYDROLOGY AND WATER QUALITY
HWQ -1
The City shall comply with the Santa Ana
Submittal of NOI
Prior to Site
City Public Works
RWQCB's requirements for construction projects.
to the Santa Ana
Disturbance;
Department; City
Prior to any site disturbance, the City shall submit a
RWQCB;
Ongoing During
Development
Notice of Intent (NO1) to the Santa Ana RWQCB.
Submittal of a
Construction
Services
Should a SWPPP be required, the City shall
SWPPP
Department; Santa
maintain the SWPPP on -site at all times and shall
Ana RWQCB
conform to the SWPPP durina construction.
NOIA
To minimize short-term construction noise impacts
Review and
Prior to Approval
City Development
on surrounding uses, the following measures shall
Approval of
of Project Plans
Services Department;
be implemented. These measures shall be
Project Plans and
and
City Public Works
included in either a construction management plan
Specifications;
Specifications;
Department
or noted on construction plans to be approved by
City Field
Prior to Grading
the City of Seal Beach.
Inspections
Activity; During
Construction
• All construction equipment, fixed or
mobile, shall be equipped with properly
operating and maintained mufflers;
• Construction noise reduction methods
such as shutting off idling equipment,
March 2010 34 Mitigation Monitoring and Reporting Program
River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
Responses to Comments and Mitigation Monitoring and Reporting Program
installing temporary acoustic barriers
around stationary construction noise
sources, maximizing the distance
between construction equipment staging
areas and occupied residential areas,
and use of electric air compressors and
similar power tools, rather than diesel
equipment, shall be used where feasible;
• During construction, stationary
construction equipment shall be placed
such that emitted noise is directed away
from sensitive noise receivers;
• During construction, stockpiling and
vehicle staging areas shall be located as
far as practical from noise sensitive
receptors;
• Operate earthmoving equipment on the
construction site, as far away from
vibration sensitive sites as possible; and
• A Project sign shall be shall be clearly
posted at the primary construction
entrance, as an information resource for
surrounding property owners and
residents. The sign shall include the
following minimum Project information:
Project name, general contractor, normal
construction hours, normal workdays,
and local telephone number of the Job
Superintendent. If the City or the Job
Superintendent receives a complaint, the
Superintendent shall investigate, take
March 2010 35 Mitigation Monitoring and Reporting Program
River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
Responses to Comments and Mitigation Monitoring and Reporting Program
appropriate corrective action, and report
the action taken to the City.
March 2010 36 Mitigation Monitoring and Reporting Program
Attachment "C"
Bay City Partners Appeal (March 29, 2010)
CITY OF SEAL BEACH
APPEAL APPLICATION TO CITY COUNCIL
For Office Use. On
Planning Commission Date: 13 ilk Planning Comm. Resolution No.:
Planning Commission Action:_ Approval Denial Other -
Date Appeal Filed:. /7-112=o O City Council Date:
Notice Date: + i
City Council; Action: - Resolution --No.:
1. Property Address: First Street and Ocean Ave
2. Applicant's Name: Edward Selich / Bay City Partners
Address: 627 Bayside Drive, Newport Beach, Ca. 92660
Work Phone: ( ) 949 - 723 -6383 Mobile: ( ) 949- 723 -6383
Home Phone: ( ) 949- 723 -6383 FAX: ( ) 949 - 723 -6383
3. Property Owner's Name: City of Seal Beach / Bay City Partners LLC
Address: 29999 westmisnter Ave, Suite 211, Seal Beach, Ca. 90740
Home Phone: ( ) 562 - 594 -6715
4. The undersigned hereby appeals the following described action of the Seal Beach
Planning Commission concerning Public Hearing No. item 7. March 18, 2010, Rivers End MND
Attach a statement that explains in detail why the decision of the Planning
Commission is being appealed, the specific conditions of approval being appealed,
and include your statements indicating where the Planning Commission may be in
. -6ror. 17'�
( Signature of Applicant) (Signature of Owner)
Edward D Selich
(Print Name)
March 29, 2010
(Date)
(Print Name)
(Date)
Bay City Partners
29999 Westminster Avenue Suite 211
Seal Beach, California 90740 562 - 594 -6715
Linda Devine
City Clerk
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
March 25, 2010
Re: Planning Commission Approval of Mitigated Negative Declaration on
Rivers End Staging Area and San Gabriel River Trail Enhancements
Dear Linda,
Bay City Partners hereby appeals the decision of the Planning Commission to approve
the Mitigated Negative Declaration and Monitoring Program for the Rivers End Staging
Area and San Gabriel River Trail Enhancements to the City Council under the
provisions of the Seal Beach Municipal Code.
The reasons for the appeal are as follows:
The City did not adequately respond to the concerns raised by Bay City Partners in the
letters submitted to the City by Bay City on March 5, 2010 and March 18, 2010 and
entered into the record of the proceedings. Also the city did not adequately respond to
the comments made at the Planning Commission Public Hearing March 18, 2010.
Edward D Selich
Bay City Partners Project Manager
627 Bayside Drive
Newport Beach Ca 92660
949 - 723 -6383
edselich _road run ner.com
Attachment "D"
Bay City Partners letter (March 18, 2010)
Bay City Partners
29999 Westminster Avenue Suite 211
Seal Beach, California 90740
Planning Commission
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
March 18, 2010
R= ILL Luil1w
562 - 594 -6715
Re: Comments on "Responses to Comments" by RBF Consulting, pages 10 -12,
directed to Bay City Partners Letter of March 5, 2010 on the MND for Rivers
End Staging Area and San Gabriel River Bikeway Enhancement Plan
Dear Planning Commissioners,
Bay City respectfully urges the Planning Commission to find that this MND is
inadequate and recommend that the city enter into an agreement with Bay City to
prepare a joint environmental analysis of the Bay City Development Proposal and Open
Space Preservation Plan with the RESA and San Gabriel Bikeway Enhancement Plan.
In this regard Bay City offers the following in comments to the above referenced
document "Responses to Comments pages 10 -12:
Response 3.1 Paragraph 2
The fact that there is 3.4 miles of trail does not excuse the omission of plans to the
same level of detail as the RESA. Exhibit 2.3 is not adequate. There should be a
sufficiently detailed trail plan view and sufficient cross sections to show where
conditions differ, particularly as to the "Notch" in the trail shown as cross section "B" of
the exhibit. The plan view shows this to be a significant portion of land, outside the trail
itself, which is owned by Bay City and is part of our future development plans. Bay City
has never been consulted on the city's plans for this area, has never been told what is
planned there other than the generality of a viewing node. In fact Bay City owns not only
the "Notch" but the entire trail as it passes through Bay City property. The city has no
legal right to be there with a recreational trail. It was constructed in the 1970's without
permission of the property owner. The city made representations to the state in its grant
applications that it controlled this land which it does not. The application that an
agreement with the Flood Control District allowed it to be constructed. It does not. That
agreement allowed construction on only on Flood Control District land that the Flood
Control District could grant permission. Since this is an easement for maintenance only
the flood control district agreement is in applicable here. Also, the turnaround for the LA
County Flood Control District vehicles is totally ignored. How will the trail and "Notch"
improvements work with our future plans and the Flood Control District's needs. Our
inquiries to the Flood Control District indicate that in addition to not ever consulting Bay
City the City has not consulted with them either. The city's plans could have significant
environmental impacts upon our future development and flood control operations.
Additional detail and analysis needs to be provided.
Paragraph 3
The maintenance building and storage facility are integral parts of the project. To ignore
them and the potential impacts upon the adjacent property by not showing them in
sufficient detail is inadequate. The tubular steel fence and a view analysis of how it will
appear from outside the project, particularly on adjacent Bay City property, should be
provided. The fence is a distinctly new feature.
Response 3.2
The response is totally inadequate to the original comment. Since the Storage area is
an integral part of the project the fact that there is no soil disturbance planned at this
time does not excuse inadequate environmental analysis. This are is directly adjacent to
a Power Plant that stood for over 40 years. LADWP did a complete Phase I and II
analysis of their site and remediated appropriately. It is logical to assume there was
some migration of toxic substances to this site, even beyond the storage area. In
addition this area of the project has been the site of numerous container(s) storage of
unknown and potentially toxic substances that may have leaked or spilled into the soil
over the years. Again migration to beyond the storage area is logical to assume. No less
than a Phase I study should be done in conjunction with the Environmental analysis to
determine whether a Phase II or additional level of environmental analysis should be
done. No lender would approve funding a project without a Phase I. The city (and State)
should follow the same standard to insure the protection of public health and safety.
Response 3.3
Paragraphs 2, 3, and 4
While the response is a nice comment on the state of Global Warming and it's long term
impacts the original comment was a more immediate one. It has been observed that in
the winter the ocean waters increasingly are reaching the project area. Unlike the
adjacent homes which sit higher the project area sits at a lower elevation and is subject
to coastal flooding. This needs to be addressed on a short term basis and what design
and or maintenance features are proposed to mitigate theses effects.
Paragraph 5
2
A water quality management plan should be prepared at this level. A WQMP is required
of a private party when they apply for a tentative tract map. A lesser standard should not
apply to the City. For example, on Exhibit 2.4 how does one know that Item 16 Water
Quality Facility — Grass Lined Swale is sufficient to meet the current and new Water
Quality standards? A permeable surface for the parking lot may be required in addition
to the swales or additional features required.
Response 3.4
Paragraph 2
While this statement is accurate as far as it goes it completely ignores the following
facts:
The trail area is privately owned by Bay City and that no eminent domain has been filed
on the trail or "Notch" area.
It completely ignores the potential relocation of the driveway and sewer easement areas
which would have a much lower impact upon Bay City property.
There is no discussion of the water, electrical, and gas lines that are on Bay City
property without permission or easements.
Paragraph 3
Bay City has an application pending for a Zone Change for the Area north of Central
Way. The city has made a preliminary determination that an EIR is necessary for that
application. It has less of a relationship to the City designated Public Open Space Area
on the remaining Bay City property than does the driveway or trail area. To say the
RMD zone change is not independent and then say that the Driveway and Trail are
independent is disingenuous at best. It is one way or the other. The city can't have it
both ways; one independent and one dependent. This project is no less or more
dependent or independent than the pending RMD zone change request.
Response 3.5
The response refers to the wrong privately owned oil facility. The comment was directed
towards the oil pipelines and above ground facilities on the west end of the Bay City
property (Driveway and Sewer Easement Area). Currently there are operating oil lines,
and an unused line that can be activated at any time. These lines serve the oil platforms
offshore and pump significant volumes of oil per year. With energy uncertainty it is
foreseeable that the unused line will be activated and volume increased.
There is no discussion and analysis of the impact of the project on these facilities. Bay
City recently entered into a lease with the oil company that operates the oil lines and
above ground structures. There are certain conditions in the easement that require
3
proper access be maintained to these facilities. The design completely ignores these
requirements. Unless the city plans to acquire the oil company's interest in these
facilities the MND needs to show how the requirements of the easement will be met.
Also the oil company, like Bay City, was never consulted on the design of the RESA.
The city's sewer line goes directly under the oil lines. The environmental analysis needs
to address the city's plans to deal with construction and maintenance of the sewer line
which lies dangerously close to the oil lines. The potential for an oil spill needs to be
addressed.
Response 3.6
As part of Bay City's application for a zone change that is down zoning the area north of
central way from a 150 room hotel to an RMD single family use the city is requiring a full
traffic analysis. If requiring a traffic analysis is required for a project that is being
reduced in intensity the city cannot justify not requiring one for a project that is not being
reduced in intensity. Again, the city should adhere to the same standards for itself that
it requires of private sector developments.
Response 3.7
Again, the city can't have it both ways. If Bay City's application for a zone change to
RMD north of Central Way which has no relationship to the City designated Public Open
Space Area of the Bay City property is "piecemealing" then the Rivers End and Trail
Project which is within the City designated Public Open Space Area of the Bay City
property is "piecemealing" and should be analyzed with the environmental analysis
required for the RMD Zone Change.
Specifically to points 1 -4 in this response:
1. The driveway and trail may have operated for years but this project has major
improvements which should be coordinated with Bay City's plans.
2. The driveway and trail can only continue to operate with Bay City's permission or
acquisition by the City. Bay City intends to donate these to the City at no cost
upon receipt of entitlements. Doing a joint environmental analysis will allow the
city to receive these areas at no cost to the taxpayers.
3. This response demonstrates the arrogance the city has used in proceeding with
this project. The City knows they are contingent or related to the future
development of the property. There is no doubt that the future use of the City
designated Public Open Space area is related or interdependent to the trail or
RESA and all should be analyzed together.
4. Again the relationship of Public Open Space Area on Bay City property and the
trail and RESA is interdependent and need to be analyzed together to avoid
" piecemealing" To do otherwise is to treat the Bay City property unevenly and
can be interpreted as part of a regulatory taking scheme to take 70% of Bay City
property without just compensation.
4
Again Bay City respectfully urges the Planning Commission to find that this MND is
- inadequate and recommend that the city enter into an agreement with Bay City to
prepare a joint environmental analysis of the Bay City Development Proposal and Open
Space Preservation Plan with the RESA and San Gabriel Bikeway Enhancement Plan.
RespectfGlly s0bmmi ed;
Edward D Selich
Bay City Partners Project Manager
627 Bayside Drive
Newport Beach Ca 92660
949 - 723 -6383
edselich(a) -road runner, com
Attachment "E"
Planning Commission Minutes March 18, 2010
City of Seal Beach Planning Commission
Meeting Minutes of March 18, 2010
1 Chairperson Deaton requested that Surfside Colony not be subject to ZTA 10 -2. Mr.
2 Persico affirmed that this could be done. He indicated that Staff would retum'at the next
3 meeting with a final resolution formalizing the exemption of Surfside Colony.
4
5 MOTION by Massa - Lavitt; SECOND by Galbreath to direct Staff to re n with the final
6 Resolution 10 -15 reflecting the exemption of Surfside Colony fro a requirements of
7 Zone Text Amendment 10 -2.
8
9 Mr. Persico noted that the PC could approve ZTA 10 -2 night and Staff could return
10 with the revised Resolution 10 -15 at the next schedule eeting.
11
12 MOTION by Deaton; SECOND by Galbreath to re onsider the vote.
13
14 MOTION CARRIED: 5 — 0
15 AYES: Deaton, Bello, G reath, Larson, and Massa - Lavitt
16 NOES: None
17 ABSENT: None
18
19 Mr. Flower noted that the Chair erson had neglected to open the public hearing.
Public Hearinq
Chairperson Deaton Aened the public hearing.
There being noAe wishing to speak, Chairperson Deaton closed the public hearing.
MOTION Massa - Lavitt; SECOND by Galbreath to direct Staff to return with amended
Resolut' n 10 -15 reflecting the exemption of Surfside Colony from the requirements of
Zone ,Text Amendment 10 -2 for adoption at the scheduled meeting of April 7, 2010.
MOTION CARRIED: 5 — 0
AYES: Deaton, Bello, Galbreath, Larson, and Massa- Lavitt
NOES: None
ABSENT: None
35
36 7. Adoption of Mitigated Negative Declaration and Mitigation Monitoring Reporting
37 Program for the River's End Staging Area and San Gabriel River Bikeway
38 Enhancement Plan
39
40 Applicant: City of Seal Beach
41
42 Request: Adoption of a Mitigated Negative Declaration for the River's
43 End Staging Area (RESA) and the San Gabriel River
44 Bikeway Trail. The RESA is approximately 2.70 acres in size
45 and includes: paved surface parking spaces; a restaurant
46 facility, and a City -owned maintenance structure.
7of10
City of Seal Beach Planning Commission
Meeting Minutes of March 18, 2010
1
2 The San Gabriel River Bikeway Trail is a paved regional
3 recreational trail along the eastern boundary of the San
4 Gabriel River. The total length of proposed trail
5- improvements- from- - PCH to k405 would be approximately
6 2.6 miles.
Recommendation: Adopt the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program for the River's End
Staging Area and San Gabriel River Bikeway Enhancement
Plan (SCH# 2010021026)
Staff Report
Mr. Persico delivered the staff report. He briefly reviewed the information on this item
and noted that the City of Seal Beach has been awarded a grant from the Rivers and
Mountain Conservancy of approximately $2 million for these improvements. He
indicated that the CEQA document presents potential environmental impacts and the
proposed mitigation measures for this project. He stated that the Environmental Quality
Control Board found the document to be in compliance with CEQA and has
recommended adoption by the Planning Commission. Mr. Persico also noted that a
Response to Comments document has been prepared and circulated.
Commissioner Questions
None.
Public Hearing
Chairperson Deaton opened the public hearing.
32 Ed Selich, representative for Bay City Partners, indicated that significant portions of this
33 project are on land owned by Bay City Partners and are encroached upon it without
34 proper agreements or easements. He stated that Bay City has offered to donate all of
35 this land at no cost to the City as part the entitlements for this property, but the City has
36 determined to file eminent domain. He indicated that a letter with comments from Bay
37 City Partners has been provided to the Commission and Staff. He then briefly reviewed
38 the comments and recommended that the Commission find this Mitigated Negative
39 Declaration inadequate and recommend that the City and Bay City Partners enter into
40 an agreement to prepare a joint environmental analysis.
41
42 Mr. Persico noted that none of the issues presented by Mr. Selich fall under the
43 category of CEQA analysis and would have to be addressed and resolved prior to the
44 implementation of the project.
45
8 of 10
City of Seal Beach Planning Commission
Meeting Minutes of March 18, 2010
1 There being no one else wishing to speak, Chairperson Deaton closed the public
2 hearing.
3
4 Commissioner Comments
5
6 Commissioner Larson requested that the City Attorney provide a brief analysis of this
7 application prior to taking a vote. Mr. Flower stated that the City Attorney's office has
8 reviewed all of the various property claims raised by Bay City Partners and is confident
9 that the project can go forward. He agreed with Mr. Persico's comments regarding the
10 limited scope of the issue before the Commission tonight, which is simply to determine
11 the adequacy of the environmental document.
12
13 MOTION by Deaton; SECOND by Massa -Lavitt to adopt the Mitigated Negative
14 Declaration and Mitigation Monitoring and Reporting Program for the River's End
15 Staging Area and San Gabriel River Bikeway Enhancement Plan (SCH# 2010021026)
16 as presented.
,.
18 MOTION CARRIED: 5 — 0
19 AYES: Deaton, Bello, Galbreath, Larson d Massa - Lavitt
20 NOES: None
21 ABSENT:- None
22
23 DIRECTOR'S REPORT
24
25 Mr. Persico provided an update on a following items:
26
27 1. Title 11 Communi eetings and Joint Session with City Council and the
28 Planning Comm' ton on April 12, 2010.
29 2. City Counci consider Zone Text Amendment 10 -1 to eliminate Covered Roof
30 Access ctures at its meeting of March 22, 2010.
31 3. Pla ' g Commission Training Sessions scheduled for April 21St and May 5th.
32
33 CO ISSION CONCERNS
34
35 None.
36
37 ADJOURNMENT
38
39 Chairperson Deaton adjourned the meeting at 9:50 p.m.
40
41 Respectfully Submitted,
42
43
44
45 Carmen Alvarez, Executive Assista
46 Planning Department
9of10
Attachment T"
Planning Commission staff report March 18, 2010
March 18, 2010 t°
If U
L�
C U
STAFF REPORT
To: Honorable Chairperson and Planning Commission
From: Mark Persico, AICP, Director
Department of Development Services
Subject: Adoption of Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program for the River's End Staging Area and San
Gabriel River Bikeway Enhancement Plan
REQUEST:
Adoption of a -Mitigated Negative Declaration for the River's End Staging Area
(RESA) and the San Gabriel River Bikeway Trail. The RESA is approximately 2.70
acres in size and includes: paved surface parking spaces; a restaurant facility, and a
- - -- City -owned maintenance structure.
The San Gabriel River Bikeway Trail is a paved regional recreational trail along the
eastern boundary of the San Gabriel River. The total length of proposed trail
improvements from PCH to 1-405 would be approximately 2.6 miles.
BACKGROUND AND FACTS:
The City received a grant of approximately $2,000,000 from the Rivers and
Mountains Conservancy to make improvements to the River's End Staging Area and
the San Gabriel River Bikeway. In order to exercise the grant and make the
improvements Seal Beach is required to complete environmental review on the
project. Acting as the lead agency, the City of Seal Beach hired RBF Consulting to
prepare a draft MND for project. The document was prepared pursuant to
requirements of the California Environmental Quality Act (CEQA) and the CEQA
Guidelines and City practices.
The document was circulated for public review and comment beginning -on February
5, 2010. The public comment period ended on March 5, 2010. Copies of the MND
were delivered to members of the Environmental Quality Control Board (EQCB) and
the Planning Commission. EQCB held a hearing on February 24 and recommend
adoption of the MND to the Planning Commission. The Board had two comments
regarding the overall design. First, that the landscape plans incorporate native and
drought tolerant plant material. Second, that the overall design of the project
incorporates defensible design features. Both of these issues have been referred to
the project designer and are not CEQA issues per se that require any revision to the
MND.
Proiect Description /Proposed Improvements:
The River's End Staging Area (RESA) is utilized as a recreational staging area for
the San Gabriel River Trail and local beach area. The RESA is approximately 2.70
acres in size and includes:114 paved surface parking spaces; a 1,485 square -foot
restaurant facility (the "River's End Cafe), 582 square -foot storage building, and
1,122 square -foot restroom structure within the southwestern portion of the site; a
City -owned 3,085 square -foot maintenance structure, associated storage yard and a
597 square -foot privately -owned oil facility structure within the northern portion of the
site; and a grassy, landscaped windsurfing rigging area ( "Windsurf Park ") Within the
eastern portion of the site.
The San Gabriel River Bikeway Trail is a paved regional recreational trail along the
eastern boundary of the San Gabriel River. It extends for a length of approximately
35 miles, generally in a north to south orientation. The trail terminates to the south at
the RESA, and terminates to the north at the base of the San Gabriel Mountains
within the City of Azusa.
The portion of the trail associated with the proposed Project extends from the RESA,
proceeding north through the cities of Seal Beach and Long Beach until it reaches 1-
405. This reach of the trail is a Class I Bikeway (i.e., a path intended exclusively for
bicycle and pedestrian use, completely separated from automobile traffic). The
average width of the trail is approximately 10 to 11 feet.
The existing 114 -space parking lot would repaved in some areas and restriped to
include 115 parking spaces, five of which would be Americans with Disabilities Act
(ADA) - compliant. Two new stone informational kiosks would be constructed at the
two southern corners of the parking lot.
Windsurf Park, located along the eastern boundary of the site, would be expanded to
include additional turf, picnic tables, benches, trash receptacles, and signage
improvements. This area would also include windsurfer board racks and rinse
facilities.
The existing City -owned maintenance structure, storage yard, and oil processing
structure within the northern portion of the site would not be directly affected_ by the
Project. However, the Project would include native landscaping improvements along
the southern and western boundaries of this area, in addition to a block wall along
the eastern boundary. A new tubular steel fence and gate would be installed along
the southern portion of the facility. These improvements would assist in providing
aesthetic screening between these industrial uses and surrounding areas.
The southern portion of the RESA would be improved with a decorative concrete
sidewalk, native landscaping, a turf area, and picnic /bench facilities. The existing
2
restroom facility would be remodeled as part of the proposed Project. An outdoor
shower would be located near the southeastern corner of the site, while a bicycle
rack would be installed near -the southwestern corner of the site. Drinking fountains
would be placed at both the southeastern and southwestern corners of the site.
Along the eastern and southern boundaries of the RESA, six poured -in -place
concrete seat walls would be constructed.
In total, the Project would add 0.61 -acre to the existing RESA site, for a proposed
total of 3.31 acres. A total of 17 existing Mexican fan palms (non- native to the
Project area) on -site could potentially be removed or relocated as part of the Project.
The total length of proposed trail improvements from the RESA to PCH would be
approximately 0.8 -mile. The existing trail's southerly terminus is located adjacent to
the RESA where it meets the beach. At this terminus, the trail /RESA would be
improved to include a decorative concrete area with a cobblestone kiosk featuring a
trail map and interpretive sign, a drinking fountain, and bicycle racks. Surrounding
this area would be a poured -in -place concrete seat wall in addition to native
landscaping.
As the trail proceeds north, it would be resurfaced and restriped along its entire
reach to PCH. Approximately 0.2 -mile north of the RESA, a viewing node would be
constructed, which would include concrete benches, trash receptacles, and native
landscaping.
Approximately 0.5 -mile north of the RESA, a strip of landscaped area exists between
the trail and the existing Oakwood Apartment community. Within this area, the
existing exotic landscaping would be replaced with native plantings. Interpretive
signage would also be implemented at this location.
The total length of proposed trail improvements from PCH to 1-405 would be
approximately 2.6 miles. These proposed enhancements would include resurfacing
and restriping of the existing trail, in addition to directional signage improvements. No
landscaping, irrigation, or other facilities are proposed within this stretch of the
Project site.
DISCUSION:
This document has been circulated pursuant to the City's environmental review
guidelines. Staff received a total of four comment letters in response to the project:
1. Southern California Gas Company
2. California Department of Transportation
3. Bay City Partners
4. California Department of Transportation
Attached to this report are the responses to comment and a Mitigation Monitoring
and Reporting Program. There are no potentially significant. impacts created by this
3
project and with the incorporated mitigation measures the project will have less than
significant impact on the environment. There are performance timelines specified in
the grant and the Public Works Department is managing the overall project design
and construction in accordance with those timelines.
RECOMMENDATION
Adopt the Mitigated Negative Declaration
Program for the River's End Staging
Enhancement Plan (SCH# 2010021026).
and Mitigation Monitoring and Reporting
Area and San Gabriel River Bikeway
Mark Persico, AICP
Director, Development Services Department
Attachment:
Response to Comments and Mitigation Monitoring and Reporting Program
4