HomeMy WebLinkAboutCC AG PKT 2005-11-14 #Q 10' 0
AGENDA REPORT
DATE: November 14, 2005 •
r�,,s
Y City TO: Honorable Mayor and Ci Council
THRU: John B. Bahorski, City Manager
FROM: Lee Whittenberg, Director of Development Services
Mark Vukojevic, Director of Public Works /City Engineer
SUBJECT: APPROVAL OF CITY COMMENT LETTER RE:
COASTAL COMMISSION APPLICATION NO. 5 -04-
488, WEST END PUMP STATION RENOVATION
PROJECT
SUMMARY OF REQUEST: •
Authorize Mayor to sign the proposed letter, with any changes determined appropriate, to
the Coastal Commission regarding Coastal Commission Application No. 5 -04 -488, West
End Pump Station Renovation Project. Authorize Director of Development Services and
Director of Public Works /City Engineer to attend Coastal Commission Meeting and
respond to issues and concerns on behalf of the City. Receive and File Staff Report.
BACKGROUND:
Previous City Approvals:
In March 2004 the City Council approved the conceptual development plans for the •
renovation of the West End Pump Station. On June 14, 2004 the City Council adopted
Resolution 5250, adopting the Negative Declaration for the subject project. Upon City
Council action on the Negative Declaration the appropriate application and supporting
documents were submitted to the California Coastal Commission and the City of Long
Beach to obtain the necessary "Coastal Development Permits" to allow for construction
of the project. On June 6, 2005 the City received approval from the City of Long Beach
for Permit No. 0505 -24 for that portion of the project located within the boundaries of the
Long Beach coastal zone.
The pending action by the California Coastal Commission is the final discretionary
approval needed for this important flood protection project to proceed.
Agenda Item
Z:\My Documents \Coastal Commission \West End Pump Station.CCC Application.CC Staff Report.doc\LW\11 -04 -05
Approval of Comment Letter to California Coastal Commission re:
Application 5 -04 -488, West End Pump Station Renovation Project
City Council Staff Report
November 14, 2005
Coastal Commission Consideration and Staff Recommendations:
The hearing is scheduled before the Coastal Commission on November 18, 2005 at the
Westin LAX, 5400 W. Century Blvd., Los Angeles.
The Coastal Commission staff report, dated November 3, 2005, recommends approval of
the City's request, with 10 special conditions in place. These 10 special conditions are
summed up as the following:
1. Conformance to project plans;
2. Assumption of risk provision;
3. Additional Coastal Commission approvals for any future development;
4. Adherence to construction best management practices (BMP's);
5. Location of debris disposal site; •
6. Submittal of a final Water Quality Management Plan (WQMP);
7. Approvals from California Department of Fish and Game (CDFG) and the
Regional Water Quality Control Board (RWQCB);
8. Proof of legal interest in the portion of the project taking place on the Oakwood
Apartment site;
9. Submittal of a Final Construction Staging Plan; and
10. Submittal of a Final Access Detour Plan.
These conditions have been reviewed by City Staff and are acceptable. Staff has
prepared a draft letter for Council consideration on this matter. The draft letter agrees to
all 10 special conditions. The draft letter is provided as Attachment 1 for Council review
and the Coastal Commission Staff Report is provided as Attachment 2.
If the City Council is in agreement with this position, the Council may direct the Mayor
to sign the comment letter supporting approval of Coastal Development permit 5 -04 -488
and direct staff to send the letter to the Coastal Commission to be introduced into the
public record at the Coastal Commission meeting, and direct the Director of
Development Services and Director of Public Works /City Engineer to attend the Coastal
Commission Meeting and respond to issues and concerns on behalf of the City.
•
FISCAL IMPACT:
None. Ultimate construction of the project has been a budgeted item in the City's Capital
improvement program for many years.
RECOMMENDATION:
Authorize Mayor to sign the proposed letter, with any changes determined appropriate, to
the Coastal Commission regarding Coastal Commission Application No. 5 -04 -488, West
End Pump Station Renovation Project. Authorize Director of Development Services and
2
West End Pump Station.CCC Application.CC Staff Report
Approval of Comment Letter to California Coastal Commission re:
Application 5-04 -488, West End Pump Station Renovation Project
City Council Staff Report
November 14, 2005
Director of Public Works /City Engineer to attend Coastal Commission Meeting and
respond to issues and concerns on behalf of the City. Receive and File Staff Report.
• ►) • ND A'P:4VED:
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/
/i ,T/ % /ir ,e4t
47 a Jo ,' Bahorski
Director of Development Servic- ty Manager
go."
Mark Vukojevic
Director of Public Works /City Engineer
Attachments: (2)
Attachment 1: Proposed Letter to the California Coastal Commission re:
Application 5 -04 -488, West End Pump Station Renovation
Project
Attachment 2: Coastal Commission Staff Report Dated November 3, 2005
re: Application 5 -04 -488, West End Pump Station
West End Pump Station.CCC Application.CC Staff Report 3
Approval of Comment Letter to California Coastal Commission re:
Application 5 -04 -488, West End Pump Station Renovation Project
City Council Staff Report
November 14, 2005
ATTACHMENT 1
PROPOSED LETTER TO THE CALIFORNIA
COASTAL COMMISSION RE:
APPLICATION 5 -04 -488, WEST END PUMP
STATION RENOVATION PROJECT
4
West End Pump Station.CCC Application.CC Staff Report
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BY FACSIMLE TO (415) 904 -5400
AND FIRST CLASS MAIL
COPY TO PETER M. DOUGLAS, DEBORAH LEE
AND THERESA HENRY
..t- IN COMPLIANCE WITH .
EX PARTE COMMUNICATION REQUIREMENTS
November 15, 2005
Meg Caldwell, Chairperson
California Coastal Commission
45 Fremont Street, Suite 2000
San Francisco, CA 94105 -2219
Dear Chairperson Caldwell and Commissioners:
SUBJECT: APPLICATION NO. 5-04-488
WEST WND PUMP STATION RENOVATION
PROJECT, SEAL BEACH
City of Seal Beach Requests Approval as Recommended by Commission
Staff:
The City of Seal Beach requests the Commission approve this IMPORTANT
STORM WATER PUMP STATION RENOVATION PROJECT as in
conformance with the Chapter 3 policies of the Coastal Act and to support the
recommendation of your staff for approval with the 10 Special Conditions and 5 Standard
Conditions as recommended. This project will improve storm water protection for a 165 -
acre watershed area of the coastal area of Seal Beach from an existing ability to handle
. less than a 5 -year storm flow to be able to accommodate a 25 -year storm flow. This
Z:\My Documents \Coastal Conunission \West End Pump Station.CCC Application.CC Comment Letter.doc\LW\11 -09-05
Seal Beach City Council Comment Letter to
California Coastal Commission re:
Application 5 -04 -488, West End Pump Station Renovation
November 15, 2005
project is extremely important to the ability of the City to protect the property and
possessions of residents that reside within this low -lying coastal area of the City.
The City of Seal Beach recognizes the extensive staff efforts that has been devoted to
addressing Coastal Commission concerns relating to this project, and believes this
approval is appropriate and in keeping with the concerns of all parties.
Please contact Lee Whittenberg, Director of Development Services, at your earliest
convenience if you require additional information or have questions regarding his matter.
Mr. Whittenberg can be reached at (562) 431 -2527, extension 313 or by e-mail at
1hittenberg@ci.seal- beach.ca.us. Both Mr. Whittenberg and Mr. Mark Vukojevic, our
Director of Public Works /City Engineer will be attendance at the November 18 Coastal
Commission Meeting to be able to address any concerns of the Commission, your staff,
or interested citizens.
Sincerely,
do--e
Charles Antos, Mayor
City of Seal Beach
Distribution:
Commissioner William A. Burke Commissioner Larry E. Clerk
Commissioner_Steven_Kram Commissioner Patrick Kruer
Commissioner Bonnie Neely Commissioner Steve Padilla
Commissioner Dave Potter Commissioner Mike Reilly
Commissioner Dan Secord, M.D. Commissioner Mary. K. Shallenberger
Commissioner Sara Wan
Executive Director Peter M. Douglas
South Coast Region, Senior Deputy Director Deborah Lee
South Coast Region, District Manager Teresa Henry
Seal Beach City Council
Seal Beach Planning Commission
Seal Beach Environmental Quality Control Board
Director of Development Services
Director of Public Works /City Engineer
2
West End Pump Station.CCC Application.CC Comment Letter
Approval of Comment Letter to California Coastal Commission re:
Application 5 -04 -488, West End Pump Station Renovation Project
City Council Staff Report
November 14, 2005
ATTACHMENT 2
COASTAL COMMISSION STAFF REPORT
DATED NOVEMBER 3, 2005 RE:
APPLICATION 5 -04 -488, WEST END PUMP
STATION
West End Pump Station.CCC Application.CC Staff Report 7
STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor
CALIFORNIA COASTAL COMMISSION Filed: July 7, 2005
South Coast Area Office 49th Day: August 25, 2005
200 Oceangate, Suite 1000 180th Day: January 3, 2005
Long Beach, CA 90802 -4302 y ry
(562) 590 -5071 F 4.a Staff: FSY -LB F S�
Staff Report: November 3, 2005
Hearing Date: November 16 -18, 2005
Commission Action:
itY
STAFF REPORT: CONSENT CALENDAR C °f lBeach
NOV - 4 20 05
APPLICATION NUMBER: 5 -04 -488 peva/.
"j P i nent •
Svcs APPLICANT: City of Seal Beach, Attn: Lee Whittenberg
AGENT: Culbertson, Adams & Associates, Attn: Shawna Schaffner
PROJECT LOCATION: 1 Street (West End Pump Station), City of Seal Beach,
County of Orange
PROJECT DESCRIPTION: Renovation and improvements to the existing West End Pump
Station.
SUMMARY OF STAFF RECOMMENDATION:
The applicant is proposing renovations and improvements to the existing West End Pump Station.
The major issues of this staff report concern hazards associated with the location of the project
and the project's impacts upon water quality and public access.
Commission staff is recommending APPROVAL of the, proposed project with Ten (10) Special
Conditions regarding: 1) conformance to project plans; 2) assumption of risk; 3) additional
approvals for any future development; 4) adherence to construction best management practices
(BMP's); 5) location of debris disposal site; 6) submittal of a Final Water Quality Management plan
(WQMP); 7) approval from the California Department of Fish and Game (CDFG) and the Regional
Water Quality Control Board; 8) proof of legal interest for the portion of the project taking place on
the Oakwood Apartments site; 9) submittal of a Final Construction Staging Plan; and 10) submittal
of a Final Access Detour Plan.
Landscaping does not currently exist at the project site and no landscaping is proposed with the
project. Therefore, a landscaping Special Condition has not been imposed.
SUBSTANTIVE FILE DOCUMENTS: Letter from Commission staff to the City of Seal Beach dated
April 15, 2005; Letter from Commission staff to Culbertson, Adams & Associates dated January
28, 2005; Letter from Culbertson, Adams & Associates to Commission staff dated March 18, 2005;
Letter from Commission staff to Culbertson, Adams & Associates dated April 15, 2005; and Letter
from Culbertson, Adams & Associates to Commission staff dated July 6, 2005.
LOCAL APPROVALS RECEIVED: City of Seal Beach Approval -in- Concept dated March 10, 2004
and a Coastal Development Permit from the City of Long Beach dated June 6, 2005.
Section 30600(c) of the Coastal Act provides for the issuance of coastal development permits
directly by the Commission in regions where the local government having jurisdiction does not
have a certified Local Coastal Program. The City of Seal Beach does not have a certified Local
5 -04- 488 -(City of Seal Beach)
Staff Report — Consent Calendar
Page 2 of 11 -
Coastal Program. Therefore, the Coastal Commission is the permit issuing entity and the standard
of review is Chapter 3 of the Coastal Act.
LIST OF EXHIBITS
1. Location Maps
. 2. Site Plan -
- .3. Elevation /Section Plans
4. Low Flow Diversion Site Plan
5. Coastal Development Permit from the City of Long Beach obtained from the Zoning
Administrator on June 6, 2005
STAFF RECOMMENDATION:
Staff recommends that the Commission APPROVE the permit application with special conditions.
MOTION:
I move that the Commission approve the coastal development permit applications included
on the consent calendar in accordance with the staff recommendations.
Staff recommends a YES vote. Passage of this motion will result in approval of all the permits
included on the consent calendar. The motion passes only by affirmative vote of a majority of the
Commissioners present.
RESOLUTION:
•
I. APPROVAL WITH CONDITIONS
The Commission hereby APPROVES a coastal development permit for the proposed development
and adopts the findings set forth below on grounds that the development as conditioned will be in
conformity with the policies of Chapter 3 of the Coastal Act and will not prejudice the ability of the
local government having jurisdiction over the area to prepare a Local Coastal Program conforming
to the provisions of Chapter 3. Approval of the permit complies with the California Environmental
Quality Act because either 1) feasible mitigation measures and /or alternatives have been
incorporated to substantially lessen any significant adverse effects of the development on the
environment, or 2) there are no further feasible mitigation measures or alternatives that would
substantially lessen any significant adverse impacts of the development on the environment.
II. STANDARD CONDITIONS
1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not
commence until a copy of the permit, signed by the permittee or authorized agent,
acknowledging receipt of the permit and acceptance of the terms and conditions, is
returned to the Commission office.
5 -04- 488 -(City of Seal Beach)
Staff Report — Consent Calendar
Page 3 of 11
2. Expiration. If development has not commenced, the permit will expire two years from the
date this permit is reported to the Commission. Development shall be pursued in a diligent
manner and completed in a reasonable period of time. Application for extension of the
permit must be made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by
the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided assignee files
with the Commission an affidavit accepting all terms and conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual,
and it is the intention of the Commission and the permittee to bind all future owners and
possessors of the subject property to the terms and conditions.
III. SPECIAL CONDITIONS
1. Proiect Plans
The applicant shall conform with the project plans received on March 18, 2005 showing the
proposed renovation and improvements to the existing West End Pump Station including the
installation of a low flow diversion system. Any proposed changes to the approved plan shall be
reported to the Executive Director. No changes to the approved plan shall occur without a
Commission amendment to this coastal development permit unless the Executive Director
determines that no amendment is required.
2. Assumption of Risk, Waiver of Liability and Indemnity
A. By acceptance of this permit, the applicant acknowledges and agrees (i) that the
site may be subject to hazards from flooding and storm conditions; (ii) to assume
the risks to the applicant and the property that is the subject of this permit of injury
and damage from such hazards in connection with this permitted development; (iii)
to unconditionally waive any claim of damage or liability against the Commission, its
officers, agents, and employees for injury or damage from such hazards; and (iv) to
indemnify and hold harmless the Commission, its officers, agents, and employees
with respect to the Commission's approval of the project against any and all liability,
claims, demands, damages, costs (including costs and fees incurred in defense of
such claims), expenses, and amounts paid in settlement arising from any injury or
damage due to such hazards.
B. PRIOR TO ANY CONVEYANCE OF THE PROPERTY THAT IS THE SUBJECT OF
THIS COASTAL DEVELOPMENT PERMIT, the applicant shall execute and record
a deed restriction, in a form and content acceptable to the Executive Director: (1)
indicating that, pursuant to this permit, the California Coastal Commission has
authorized development on the subject property, subject to terms and conditions
that restrict the use and enjoyment of that property (hereinafter referred to as the
"Standard and Special Conditions "); and (2) imposing all Standard and Special
Conditions of this permit as covenants, conditions and restrictions on the use and
enjoyment of the Property. The restriction shall include a legal description of the
5 -04- 488 -(City of Seal Beach)
Staff Report — Consent Calendar
. Page 4 of 11
applicant's entire parcel or parcels. It shall also indicate that, in the event of an
extinguishment or termination of the deed restriction for any reason, the Standard
and Special Conditions of this permit shall continue to restrict the use and
enjoyment of the subject property so long as either this permit or the development it
authorizes — or any part, modification, or amendment thereof — remains in existence
on or with respect to the subject property.
C. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit a written agreement, in a form and content acceptable to the
Executive Director, incorporating all of the above terms of this condition.
3. Future Development
This permit is only for the development described in Coastal Development Permit No. 5 -04 -488.
Pursuant to Title 14 California Code of Regulations Section 13253(b)(6), the exemptions otherwise
provided in Public Resources Code Section 30610(b) shall not apply to this development governed
by the Coastal Development Permit No. 5 -04 -488. Accordingly, any future improvements to the
structure authorized by this permit, including but not limited to, repair and maintenance identified
as requiring a permit in Public Resources Section 30610(d) and Title 14 California Code of
Regulations Sections 13252(a) -(b), shall require an amendment to Permit No. 5 -04 -488 from the
Commission or shall require an additional coastal development permit from the Commission or
from the applicable certified local government.
4. Storage of Construction Materials, Mechanized Equipment and Removal of
Construction Debris
The permittee shall comply with the following construction - related requirements:
•
A. No construction materials, debris, or waste shall be placed or stored where it may
enter a storm drain or be subject to tidal erosion and dispersion;
B. Any and all debris resulting from construction activities shall be removed from the
project site within 24 hours of completion of construction;
C. Best Management Practices (BMPs) and Good Housekeeping Practices (GNPs)
designed to prevent spillage and /or runoff of construction - related materials, and to
contain sediment or contaminants associated with construction activity, shall be
implemented prior to the on -set of such activity. BMPs and GHPs which shall be
implemented include, but are not limited to: stormdrain inlets must be protected with
sandbags or berms, all stockpiles must be covered, and a pre- construction meeting
should be held for all personnel to review procedural and BMP /GHP guidelines.
Selected BMPs shall be maintained in a functional condition throughout the duration
of the project.
D. Construction debris and sediment shall be properly contained and secured on site
with BMPs, to prevent the unintended transport of sediment and other debris into
coastal waters by wind, rain or tracking. Construction debris and sediment shall be
removed from construction areas as necessary to prevent the accumulation of
sediment and other debris, which may be discharged into coastal waters. Debris
5- 04-488 -(City of Seal Beach)
Staff Report — Consent Calendar
Page 5 of 11
shall be disposed at a debris disposal site outside the coastal zone, pursuant to
Special Condition No. 5.
5. Location of Debris Disposal Site
The applicant shall dispose of all demolition and construction debris resulting from the proposed
project at an appropriate location. If the disposal site is located within the coastal zone, a coastal
development permit or an amendment to this permit shall be required before disposal can take
place.
6. Water Quality Management Plan (WQMP)
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit for the review and approval of the Executive Director, two (2)
copies of a Final Water Quality Management Plan (WQMP) for the post-
construction project site, prepared by a licensed water quality professional, and
shall include plans, descriptions, and supporting calculations. The WQMP shall
incorporate structural and non - structural Best Management Practices (BMPs)
designed to reduce, to the maximum extent practicable, the volume, velocity and
pollutant load of stormwater and dry weather flows leaving the developed site.
B. . The permittee shall undertake development in accordance with the approved final
plans. Any proposed changes to the approved final plans.shall be reported to the
Executive Director. No changes to the approved final plans shall occur without a
Commission amendment to this coastal development permit unless the Executive
Director determines that no amendment is required.
7. California Department of Fish and Game (CDFG) and Regional Water Quality Control
Board (RWQCB) Approval
PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall provide
to the Executive Director a copy of the permit issued by the California Department of Fish and
Game (CDFG) and the Regional Water Quality Control Board (RWQCB), or letter of permission, or
evidence that no permit or permission is required. The applicant shall inform the Executive
Director of any changes to the project required by the California Department of Fish and Game
(CDFG) or Regional Water Quality Control Board (RWQCB). Such changes shall not be
incorporated into the project until the applicant obtains a Commission amendment to this coastal
development permit, unless the Executive Director determines that no amendment is legally
required.
8. Proof of Legal Interest
PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit,
for the review and approval of the Executive Director, written documentation demonstrating that it
has the legal ability to carry out the proposed development where the project encroaches onto land
not owned by the City of Seal Beach.
5 -04- 488 -(City of Seal Beach)
•
Staff Report — Consent Calendar
Page 6 of 11
9. Construction Staging Area Plan
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit a two (2) full size copies of a Final Construction Staging Area
Plan for the review and approval of the Executive Director which indicates that the
construction staging area(s) and construction corridor(s) will minimize public access
impacts to the San Gabriel River.
(1) The plan shall demonstrate that:
(a) Construction equipment, materials or activity shall not occur outside
the staging area and construction corridor identified on the site plan
required by this condition; and
(b) Except as allowed pursuant to Special Condition 10, construction
equipment, materials, or activity shall not be placed on the banks of
the San Gabriel River or the public bike trail along the top of the
riverbank.
(2) The plan shall include, at a minimum, the following components:
(a) A site plan that depicts:
1. limits of the staging area(s);
2. construction corridor(s);
3. construction site;
4. location of construction fencing and temporary job trailers
with respect to the San Gabriel River and the public bike trail
along the top of the riverbank.
B. The permitee shall undertake development in accordance with the approved final
plans. Any proposed changes to the approved final plans shall be reported to the
Executive Director. No changes to the approved final plans shall occur without a
Commission amendment to this coastal development permit unless the Executive
Director determines that no amendment is required.
10. Access Detour Plan
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit, for the review and approval of the Executive Director, two (2)
full size copies of a Final Access Detour Plan. The plan shall substantially conform
with the preliminary plan submitted by the applicant on March 18, 2005 and also
include signs, which shall be located at the bike trailheads and be visible and legible
to pedestrian and bicyclists approaching the trail which shall inform the public of the
periods of trail closure. Language to be placed on these signs, which shall be
consistent with the requirements of this special condition, shall also be included on
this plan. The trail will not be closed during the "peak use" beach season, defined
as the period starting the day before the Memorial Day weekend and ending the
5 -04- 488 -(City of Seal Beach)
Staff Report — C,onsent Calendar
Page 7 of 11
day after the Labor Day weekend of any year. However, the trail may be closed, to
accommodate construction of project elements that cross the trail, for a limited
period not to exceed 20 -30 days during weekdays in the off -peak beach use
season, but the trail will be made available for use during the weekends in the off -
peak season, as feasible.
B. The permitee shall undertake development in accordance with the approved final
plans. Any proposed changes to the approved final plans shall be reported to the
Executive Director. No changes to the approved final plans shall occur without a
Commission amendment to this coastal development permit unless the Executive
Director determines that no amendment is required.
IV. FINDINGS AND DECLARATIONS
The Commission hereby finds and declares:
A. PROJECT LOCATION AND DESCRIPTION
The existing West End Pump Station site is located between the southeast levee of the San
Gabriel River and 1 Street (Exhibit #1), northeasterly of Welcome Lane at the border of the City
of Seal Beach and the City of Long Beach and the City of Seal Beach has operated the facility
since 1959. The project is an upgrade and expansion of an existing pump station and focuses on
improving the efficiency and capacity of the site to upgrade the flood protection of the existing
watershed area. A small portion of the adjacent lot to the east (approximately 21 -feet by 78 -feet
long) will be added to the existing pump station footprint. The entire project site is approximately
10,438 square feet. The project site is surrounded by existing residential uses to the south (Seal
Beach Trailer Park) and to the east (Oakwood Apartments). The San Gabriel River and its levee
area are located to the north of the site, and the Seal Beach Trailer Park extends along the south
boundary. Access to the site is primarily through the Seal Beach Trailer Park, easterly of Riversea
Road.
The West End Pump Station provides flood control service to a 165 -acre watershed in the westerly
portion of the City of Seal Beach. The pump station is an important element of the Seal Beach
drainage system due to low elevations experienced in the western portion of the City. The existing
pump station is dated and parts are difficult to obtain. In addition, its design is not in accordance
with current design standards, and its capacity is less than the peak flow from a 5 -year storm.
This project will upgrade the existing pump station to improve stormwater conveyance to the San
Gabriel River to accommodate a 25 -year storm event and reduce flooding risks to existing
development. Although the pump is increasing in capacity, it is not serving any additional area.
The overall amount of storm water discharged into the San Gabriel River will remain the same
after implementation of the project. However, the project will facilitate faster conveyance.
The upgrading to the existing pump station will consist of the following: 1) construct a new small
pump within the existing wet well to pump out dry weather and nuisance flows and a discharge line
to convey such flows to the sewer line in 1 Street; 2) remove and inspect- and replace if
necessary- the two existing pumps with new ones of similar size; 3) construct an additional wet
well on the adjacent Oakwood Apartments parking lot; 4) construct an approximately 252 square
foot, approximately 13 -foot high building that will house the two new additional electrical motor
driven pumps and associated controls on top of the new wet well to bring the total pumping
5 -04- 488 -(City of Seal Beach)
Staff Report — Consent Calendar
Page 8 of11
capacity to handle the 25 -year flows, and 5) install two underground 42 -inch diameter discharge
pipes and associated outlet structure from the new pump station leading to the San Gabriel River,
6) add a 500 kw emergency generator and 7) grading will consist of 2,000 cubic yards of cut,
1,000 cubic yards of fill and 1,000 cubic yards of export to a location outside of the Coastal Zone
(Exhibits #3 -4). No landscaping is proposed.
Construction of the discharge pipes and outlet structure will require removal of channel rip -rap
along the San Gabriel River that exists within the footprint of the outlet structure. During
construction, temporary sheet piling into the bedrock around the proposed excavation will be
installed. The piling will be located so that water will be prevented from entering the work area
during high tide. Once the outlet structure and discharge pipes are installed and backfilled, the
sheet piling will be removed and the rip -rap replaced.
The West End Pump Station is located within both the City of Seal Beach and Long Beach. The
City of Long Beach has a certified Local Coastal Plan (LCP); therefore, any portions of the project
that are located within the City of Long Beach would require a Coastal Development Permit (CDP)
from the City of Long Beach. The City of Seal Beach does not have a certified Local Coastal
Program. Therefore, the Coastal Commission is the permit issuing entity and the standard of
review is Chapter 3 of the Coastal Act. Thus, the portions of the project that take place in the City
of Seal Beach would require a CDP from the Coastal Commission. In addition, any portions of the
project that are located within the Commission's original jurisdiction (i.e. the San Gabriel River)
would require a CDP from the Coastal Commission. The following components of the project
require a CDP from the Commission: 1) the new underground wet well; 2) portions of the new low
flow diversion; and 3) the two (2) new discharge pipes and associated outlet structure. The
remainder of the project was approved with a Coastal Development Permit from the City of Long
Beach obtained from the Zoning Administrator on June 6, 2005 (Exhibit #5). •
Hazards
Due to the location of the project adjacent to the San Gabriel River, the project site is
susceptible to hazards such as flooding and storm conditions. Therefore, the Commission
imposes Special Condition No. 2, which requires the applicant to accept an assumption of
risk.
Water Quality
In regards to water quality during construction, the applicant has stated that the City's
NPDES permit requires the City to incorporate a Project WQMP into the process of
planning, design, approval, and construction oversight for all public agency projects. The
WQMP would incorporate the following: 1) identify all BMP's to be implemented during
construction and their locations; 2) the plans will specifically identify all nearby drainage
facilities and the BMP's used to prevent construction - related runoff from entering into the
drainage system; and 3) the plans will also identify any post- construction BMP's to be
maintained after the project is built. However, no such plan has been submitted.
Therefore, the Commission imposes Special Condition No. 6, which requires submittal of
a Final Water Quality Management Plan (WQMP).
5 -04- 488 -(City of Seal Beach)
Staff Report — Consent Calendar
Page 9 of 11
Additional Special Conditions have also been imposed to deal with water quality. Special
Condition No. 4 requires adherence to construction best management practices. Special
Condition No. 5 requires debris disposal to be located outside of the coastal zone.
Other Agency Approvals
The applicant has stated and shown that it has contacted the California Department of Fish
and Game (CDFG) for their review of the project. In addition, the applicant has contacted
the Regional Water Quality Control Board (RWQCB) regarding dewatering of the project
site. However, the applicants were still awaiting for comments from these agencies. Thus,
the Commission imposes Special Condition No. 7, which requires submittal of review and
evaluation form these agencies.
Oakwood Apartments Site
The 1 square foot area that is proposed to be added to the existing pump station
footprint is contained entirely in the fenced antenna site in the Oakwood Apartments
parking area. Inlet to the new pump station is provided through a 10 -foot wide and 5 -foot
high box culvert from the wet well area of the existing pump station. The City is actively
negotiating the required easements and obtaining ownership of the private property for the
new expansion of the project. The applicant has submitted a letter from the owners of the
Oakwood Apartments consenting to the continued efforts to entitle the property.
Negotiating for purchase of the property is currently still taking .place.- Therefore, the
Commission imposes Special Condition No. 8, which requires the applicant to submit
proof of ownership of the project area located in the Oakwood Apartments parking area
before issuance of the CDP.
Public Access
The project site is located adjacent to the San Gabriel River where an existing bike trail is
located along the top of the riverbank and is adjacent to the project site. Due to
construction, the applicant states that the bike trail from Marina Drive to Pacific Coast
Highway will be closed for approximately two weeks. The applicant has stated and
provided an access detour plan that shows access will be rerouted to 1 Street as the main
connector between Pacific Coast Highway and Marina Drive. In addition, the applicant
states that signs will be posted at the bike trailheads to alert the public when the trail will be
closed. The submitted access detour plan does show the detour route; however, the
locations of the signs alerting the public when the trail will be closed were not identified.
Therefore, the Commission imposes Special Condition No. 9, which requires submittal of
a Final Access Detour Plan.
To further reduce any impacts to public access, the Commission has imposed Special
Condition No. 10, which requires submittal of a Final Construction Staging Plan. This plan
shall indicate that the construction staging area(s) and construction corridor(s) will minimize
public access impacts to the San Gabriel River the public bike trail along the top of the
riverbank.
5 -04- 488 -(City of Seal Beach)
Staff Report — Consent Calendar
Page 10of11
B. HAZARDS
Development adjacent to the ocean is inherently hazardous. Development which may require a
protective device in the future cannot be allowed due to the adverse impacts such devices have
upon, among other things, public access, visual resources and shoreline processes. To minimize
the project's impact on shoreline processes, and to minimize risks to life and property, the
development has been conditioned to require one or more of the following: an appropriate set-
back from the water; require a water quality management plan to direct, treat, and minimize the
flow of water offsite; prohibit construction of protective devices (such as a seawall) in the future;
and to require that the landowner and any successor -in- interest assume the risk of undertaking the
development. As conditioned, the Commission finds that the development conforms to the
requirements of Sections 30235 and 30253 of the Coastal Act regarding the siting of development
in hazardous locations.
C. DEVELOPMENT
The development is located within an existing developed area and is compatible with the character
and scale of the surrounding area. However, the proposed project raises concerns that future
development of the project site potentially may result in a development, which is not consistent
with the Chapter 3 policies of the Coastal Act. To assure that future development is consistent
with the Chapter 3 policies of the Coastal Act, the Commission finds that a future improvements
special condition must be imposed. As conditioned the development conforms with the Chapter 3
policies of the Coastal Act
D. WATER QUALITY
The proposed work will be occurring in a location where there is a potential for a discharge of
polluted runoff from the project site into coastal waters. The storage or placement of construction
material, debris, or waste in a location where it could be carried into coastal waters would result in
an adverse effect on the marine environment. To reduce the potential for construction and
post- construction related impacts on water quality, the Commission imposes special conditions
requiring, but not limited to, the appropriate storage and handling of construction equipment and
materials to minimize the potential of pollutants to enter coastal waters and for the use of on -going
best management practices following construction. As conditioned, the Commission finds that the
development conforms with Sections 30230 and 30231 of the Coastal Act.
E. PUBLIC ACCESS
As conditioned, the proposed development will not have any new adverse impact on public access
to the coast or to nearby recreational facilities. Thus, as conditioned, the proposed development
conforms with Sections 30210 through 30214, Sections 30220 through 30224, and 30252 of the
Coastal Act
F. LOCAL COASTAL PROGRAM (LCP)
Section 30604 of the Coastal Act provides for the issuance of coastal development permits directly
by the Commission in regions where the local government having jurisdiction does not have a
certified local coastal program. The permit may only be issued if the Commission finds that the
5 -04- 488 -(City of Seal Beach)
Staff Report — Consent Calendar
Page 11 of 11
proposed development will not prejudice the ability of the local government to prepare a Local
Coastal Program, which conforms with the Chapter 3 policies of the Coastal Act.
On July 28, 1983, the Commission denied the City of Seal Beach Land Use Plan (LUP) as
submitted and certified it with suggested modifications. The City did not act on the suggested
modifications within six months from the date of Commission action. Therefore, pursuant to
Section 13537(b) of the California Code of Regulations, the Commission's certification of the land
use plan with suggested modifications expired. The LUP has not been resubmitted for certification
since that time. Thus, the Coastal Commission is the permit issuing entity and the standard of
review is Chapter 3 of the Coastal Act.
The Commission certified the City of Long Beach LCP on July 22, 1980. Therefore, any portions
of the project that are located within the City of Long Beach would require a Coastal Development
Permit (CDP) from the City of Long Beach.
In addition, there are portions of the project that are located in the City of Long Beach; however,
they are located within the Commission's original jurisdiction (Le. the San Gabriel River). Thus,
those portions.would require a CDP from the Coastal Commission.
The proposed development is consistent with the Chapter Three policies of the Coastal Act.
Therefore, the Commission finds that the proposed development would not prejudice the ability of
the City to prepare a certified coastal program consistent with the Chapter 3 policies of the Coastal
Act.
G. CALIFORNIA ENVIRONMENTAL QUALITY ACT
As conditioned, there are no feasible alternatives or feasible mitigation measures available which
would substantially lessen any significant adverse effect, which the activity may have on the
environment. Therefore, the Commission finds that the proposed project, as conditioned to
mitigate the identified impacts, is the least environmentally damaging feasible alternative and can
be found consistent with the requirements of the Coastal Act to conform to CEQA.
H: \fsy \Staff Reports \Nov05 \5 -04- 488 -[City of Seal Beach]CC(SB)
•
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EXHIBIT* 1
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PROJECT NO.:
LOCATION MAP
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DATE: DECEMBER Mt
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•
_a CITY OF LONG BEACH
PIO
0 9 ,0 1, 0 99 DEPARTMENT OF PLANNING & BUILDING
333 WEST OCEAN BOULEVARD 3 LONG BEACH, CALIFORNIA 90802 3 FAX (582)570 -6008
NOTICE OF FINAL LOCAL ACTION
Case No.: 0505 -24
Project Location; North of Welcome Lane, between the East Levee of
the San Gabriel River and 1 Street
Applicant: Lee Whittenberg, City of Seal Beach
211 8th Street
Seal Beach, CA 90740
• .Permit(s) Requested: Local Coastal Development Permit
, Project Description: Upgade and rep lace existing p9 p g pump station.
. ,Local action was taken by the: Zoning Officer on:
June 6, 2005
Decision: Conditionally Approved
• 'Local action is final on: June 6, 2005
This project is in the Coastal Zone and IS appealable to the Coastal Commission.
'If you challenge the action in court, you may be limited to rafting only those Issues you or someone elso raised of the
• public hearing described in this notice, or issues raised via written correspondence delivered to the (public entity
conducting the healing) at or prior to the public hearing.'
, See other side for City of Long Beach and California Coastal Commission appeal procedures
and time limits.
• �
Carol a
yn Bihn Ira Brown, Planner
Zoning Officer Phone No.: (562)570 -5972
Attachments Council District: 3
COASTAL COMMISSION RECEIVED
South Coast Region
EXHIBIT* .6 JUL 7 2005
PAGE OF di
CALIFORNIA
COASTAL COMMISSION
•
•
COASTAL PERMIT
CONDITIONS OF APPROVAL
Case No. 0505-24
Date: June 6, 2005
•
1. This permit and all development rights hereunder shall terminate one year
from the effective date of this permit unless construction is commenced or a
time extension is granted, based on a written and approved request
submitted prior to the expiration of the one year period as provided in Section
21.21.406 of the Long Beach Municipal Code.
2. This permit shall be invalid if the owner(s) and /or applicant(s) have failed to
return written acknowledgment of their acceptance of the conditions of
approval on the Conditions of Approval Acknowledgment Fom supplied by
the Planning Bureau. This acknowledgment must be submitted within 30
days form the effective date of approval (final action date or, if in the
appealable area of the Coastal Zone, 21 days after the local final ;action
date). Prior to the issuance of a building permit, the applicant shall submit a
revised set of plans reflecting all of the design changes set forth in the
conditions of approval to the satisfaction of the Zoning Administrator,
3 . If, for any reason, there is a violation of any of the conditions of this permit
or if the use /operation is found to be detrimental. to the surrounding
community, including public health, safety or general welfare, environmental
quality or quality of life, such shall cause the City to initiate revocation and
termination procedures of all rights granted herewith.
4. In the event of transfer of ownership of the property Involved in this
application, the new owner shall be fully informed of the permitted use and
development of said property as set forth by this permit together with all
conditions that are a part thereof. These specific requirements must be
recorded with all title conveyance documents at time of closing escrow.
5. All conditions of approval must be printed verbatim on all plans submitted
for plan review to the .Planning and Building Department. These conditions
must be printed on the.site plan or a subsequent reference page.
6. The Director of Planning and Building is authorized to make minor
modifications to the approved design plans or to any of the conditions of
approval if such modifications shall not significantly change /alter the
approved design /project. Any major modifications shall be reviewed by the
Site Plan Review Committee or Planning Commission, respectively_
COASTAL COMMISSION
EXHIBIT# 5
PAGE Z+ OF�
LCDP Conditions
Case No. 0505 -24
Date: June 6, 2005
Page 2
7. All structures shall conform to the Long Beach Building Code requirements.
Notwithstanding this subject permit, all other required permits from the
Building Bureau must be secured, as appropriate, to be determined by the
Superintendent of Building.
8 Demolition, site preparation, and construction activities are limited to the
following (except for the pouring of concrete which may occur as needed):
a. Weekdays and federal holidays: 7:00 a.m. to 7:00 p.m.;
b. Saturday: . 9 :00 a.m. - 6:00 p.m.; and
c. Sundays: not allowed
9. The applicant shall defend, indemnify, and hold harmless the City of Long
Beach, its agents, officers, and employees from any claim, action, or
proceeding against the City of Long Beach or its agents, officers, or
employees brought to attack, set aside, void, or annul an approval of the City
of Long Beach, its advisory agencies, commissions, or legislative body
concerning this project. The City of Long Beach will promptly notify the
applicant of any such claim, action, or proceeding against the City of Long
Beach and will cooperate fully in the defense. If the City of Long Beach fails
to promptly notify the applicant of any such claim, action or proceeding or
fails to cooperate fully in the defense, the applicant shall not, thereafter, be
responsible to defend, indemnify, or hold harmless the City of Long Beach.
10. The applicant shall provide a landscaping plan pursuant to Chapter 21 .42
(Landscaping Standards) of the Municipal Code to the satisfaction of the
Director of Planning and Building prior to the issuance of building permit.
•
COASTAL COMMISSION
EXHIBIT # G
• PAGE S OF 14
•
COASTAL PERMIT
FINDINGS
Case No. 0505 -24
Date: June 6, 2005
THE PROPOSED DEVELOPMENT CONFORMS TO THE CERTIFIED LOCAL
COASTAL PROGRAM, INCLUDING BUT NOT LIMITED TO ALL
REQUIREMENTS FOR REPLACEMENT OF LOW AND MODERATE - INCOME
HOUSING
The site is located in Subarea 27 of South East Area Development Plan
(SEADIP), which designates the area east of the San Gabriel River to be utilized
in the wetlands restoration program. The expansion of the existing west end
pump`station conforms to the resources Management Plan (RMP) of the certified
local coastal program.
2. . THE PROPOSED DEVELOPMENT CONFORMS TO THE PUBLIC ACCESS
AND RECREATION POLICIES OF CHAPTER 3 OF THE COASTAL ACT.
Chapter - 3 of the Coastal Act deals with the public's right to use the beach and
water resources for recreational purposes. The chapter provides the basis for
state and local governments to require beach access dedications and prohibit
development, which restricts public access to the beach and water resources.
The development will not impede public access to the coast, as all development
will occur on an existing lot and complies with all of the requirements of the
Zoning Ordinance. Therefore, the proposed development conforms to the public
access and recreation policies of Chapter 3 of the Coastal Act.
•
COASTAL COMMISSION
EXHIBIT # 6
PAGE_.. —OF®
1