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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: i / /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 � ofr1 �F a ,, c n '•'' e i "� r 1 r a J IC'c o ' '' r :� SEA[ T � J �.S ' c oE' _ Y eF J �� a p pPPOA x T 1 : l -, % I F , _ '''IA O, Z . s� }�,+ ~ 7 • Y -k $ y t...� t -: b 4 r � _ = f�G CfH 27. ;1�� i t ' � ' ;; s , 1 - -' ; CITY` BALE 2.11 EIGHTH STREET r f^ ,' ` �' SF AL'BEP.CH, CAlIFORNi \ IJl0 i ', 2 , j '" , " '' 3 ti 1 „. 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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. 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Pi • ` lit 1 .T g , ,yL '. a • , . .)•_ . >o 1 ,..._,,,.,_:,, r --r.0 I , �1 ~. )i."--4"7":1' y, li ? - - w PPP LLL i.___.. _ Ate: � = - • ` ` t;., 1 ?:33A1 13tbil,prcl I $ I ■•••■Cm • _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