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HomeMy WebLinkAboutCC AG PKT 2005-06-13 #S 5 .v AGENDA REPORT ' DATE: June 13, 2005 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Lee Whittenberg, Director of Development Services SUBJECT: RESPONSE TO DRAFT EIR - HOME DEPOT, CITY OF LONG BEACH SUMMARY OF REQUEST: Authorize approval of letter with any modifications determined appropriate, instruct Mayor to sign proposed Response Letter. Instruct Staff to forward to the City of Long Beach and to the EQCB for information. Receive and File Staff Report. BACKGROUND: The City has received a copy of the " Draft Environmental Impact Report — Home Depot, City of Long Beach ", dated April 2005. This document evaluates the potential environmental impacts of a proposed mixed -use project that will consist of the following major project components: ❑ 157,529 square feet of mixed -use retail- commercial uses on approximately 16.7 acres; the development will comprise 4 different building pads ranging from approximately 4,800 to 139,500 square feet as follows: ❑ A 104,886 square foot Home Depot store with a 34,643 square foot garden center; ❑ A 6,000 square foot sit down restaurant with 2,050 square foot outdoor eating area; ❑ A 12,000 square foot retail building. ❑ Access will be provided by a new primary entry at the signalized intersection of Studebaker Road and Loynes Drive and by two new secondary entries providing right in/right out access from Studebaker Road. ❑ The project requires approval by the city of Long Beach of the following items: ❑ Environmental Impact Report; ❑ Site Plan Review; ❑ Conditional Use Permit; ❑ Local Coastal Development Permit; and ❑ Standards Variance. Agenda Item S Z:\My Documents \CEQA\Long Beach Home Deport DEIR.CC Staff Report.doc\LW\05 -26-05 City Comment Letter re: Draft EIR — Long Beach Home Depot, City of Long Beach City Council Staff Report June 13, 2005 The comment period on the DEIR will close on June 15, 2005. The EQCB reviewed the Draft EIR and proposed comment letter on May 25, approved the letter without modifications, and forwarded it to the City Council for final review and consideration this evening. Due to the close proximity of the proposed project to the City of Seal Beach, the proposed project would appear to generate several areas of environmental concern to the City of Seal Beach. Staff has prepared a draft response letter for the consideration of the Environmental Quality Control Board, provided as Attachment 1, which sets forth those concerns. Summary of Proposed Action and Environmental Impacts: Staff provided to the EQCB as Attachment 2 a copy of portions of the DEIR, which provide an overview of the proposed project, location and site plan maps of the proposed project, and the environmental discussion of the sections of the document that the City addressed in commenting on the Notice of Preparation for this project in 2004. A complete copy of the DEIR will be available at the City Council Meeting and is also available at the Department of Development Services for review by interested parties. Provided as Attachment 3 is a copy of the City comment letter on the Notice of Preparation for this project that was approved by the Board on April 14, 2004. Comment Period: The comment period on the DEIR will conclude on June 15, 2005. Written comments may be submitted to: Angela Reynolds, Environmental Planning Officer 333 W. Ocean Boulevard, 7th Floor Long Beach, CA 90802 Public Availability: A copy of the DEIR is available at the Department of Development Services for review. Future City Actions: Staff has prepared a response letter for consideration of the EQCB and City Council relative to the DEIR. The EQCB reviewed the proposed letter on May 25 and approved it with no modifications. (Refer to Attachment 1). . Upon completion of the Final EIR by the City of Long Beach, both the EQCB and the City Council will review the Final EIR document and the required "Responses to Comments ". FISCAL IMPACT: None. 2 Long Beach Home Deport DEIR.CC Staff Report City Comment Letter re: Draft EIR — Long Beach Home Depot, City of Long Beach City Council Staff Report June 13, 2005 RECOMMENDATION: Authorize approval of letter with any modifications determined appropriate, instruct Chairman to sign proposed Response Letter. Instruct Staff to forward to the City Council for final review and approval. Receive and File Staff Report. NOTED AND APPROVED: ff Whittenber Bahors i Director of Development Servi - anager Attachments: (3) Attachment 1: Draft Response Letter re: "Draft Environmental Impact Report — Home Depot, Long Beach ", prepared by LSA for the City of Long Beach, dated April 2005 Attachment 2: "Draft Environmental Impact Report — Home Depot, Long Beach ", prepared by LSA for the City of Long Beach, dated April 2005 Please note that the following Sections have been provided: ❑ Section 1.0 Executive Summary ❑ Section 3.0 Project Description ❑ Section 4.2 Air Quality ❑ Section 4.3 Biological Resources ❑ Section 4.6 Hazards and Hazardous Materials ❑ Section 4.7 Hydrology and Water Quality ❑ Section 4.11 Transportation and Circulation ❑ Section 6.0 Alternatives to the Proposed Project ❑ Section 7.0 Mitigation Monitoring and Reporting Program ❑ Section 11 References Attachment 3: City Response Letter re: "Initial Study/Notice of Preparation - Draft Environmental Impact Report —Long Beach Home Depot ", April 14, 2004 3 Long Beach Home Deport DEIR.CC Staff Report City Comment Letter re: Draft 61R — Long Beach Home Depot, City of Long Beach City Council Staff Report June 13, 2005 ATTACHMENT 1 DRAFT RESPONSE LETTER RE: "DRAFT ENVIRONMENTAL IMPACT REPORT - HOME DEPOT, LONG BEACH ", PREPARED BY LSA FOR THE CITY OF LONG BEACH, DATED APRIL 2005 4 Long Beach Home Deport DEIR.CC Staff Report .i4 I Lir' -� � ar s j , 'SEA( ` , „- r x 4 400E B -- x r X c - - c �pR POpgT q ��� i � t �, vi � . r Y = G � i �� -. F OB . � l� � . 4 r C -------g r --,- - , .:',',- � a0NTIP� /I 3 ; � t - 3 � `' r i , SE AL"B1 ACFI =, CALIF -NTT 90740 t � , - , ` - �( 5 62) 431:2527? ,yunwc1 scalbeachcus= s � 1-{ ' ''-'=-- - ,F - r ""fit' . , ..r ': , 4 -vF -,.1 4. Yom "s f r �;-t� 2 ,. k, -, T 3 '.4 , i - C2 ` E Y ' N r z s 'Fa c = _ I,r-t _ _ r,.2 , _ : u June 13, 2005 Angela Reynolds, Environmental Planning Officer City of Long Beach Department of Planning and Building, 7th Floor 333 W. Ocean Boulevard Long Beach, CA 90802 SUBJECT: City of Seal Beach Comments re: Draft EIR — "Long Beach Home Depot" Dear Ms. Reynolds: The City of Seal Beach has reviewed the above referenced Draft Environmental Impact Report (DEIR) and has several general comments and observations relative to the document, which are set forth below. A. Necessity of Re- Circulation of Draft EIR — Inadequate Cumulative Project Analysis: The City of Seal Beach received on May 19, 2005 the "Notice of Intent to Prepare Environmental Impact Report for Seaport Marina" ( "NOP "). This NOP document indicates that Long Beach will prepare an environmental impact report to evaluate the following project: ❑ Redevelopment of 10.9 acres located at the southwest corner of Pacific Coast Highway and East Second Street with mixed -uses consisting of approximately 425 residential units and 170,000 square feet of retail development. Buildings would have a maximum height of 50 feet. It is the position of the City of Seal Beach that the subject DEIR must be revised and updated to reflect the potential cumulative impacts portion of the DEIR based on the now known project proposal for Seaport Marina, particularly in the areas of Air Quality and Transportation/Circulation. The Seaport Marina project is a significant project, as determined by the City of Long Beach in determining to prepare an EIR for the project. The Seaport Marina project is located at the intersection of Pacific Coast Highway and West Second Street, an intersection identified in the Home Z:\My Documents \CEQA\Long Beach Home Depot Project.DELR.City Comment Letter.doc'LW\05 -23 -05 City of Seal Beach Comment Letter re: Draft EIR — Long Beach Home Depot Project June 13, 2005 Deport DEIR as having a "significant, unavoidable impact" due to right -of -way constraints. The cumulative impacts of both of these projects, in conjunction with the other "cumulative projects" currently set forth in the Home Depot DEIR, might result in additional significant impacts at other intersections, both in Long Beach and Seal Beach, that require disclosure, evaluation of mitigation measures, and determination of any additional "significant, unavoidable impacts ". It the position of Seal Beach that the Seaport Marina project results in a significant change in circumstances and will present new information that will be fundamental to the City of Long Beach in being able to legally evaluate the "cumulative impacts" of the Home Depot project and for the ability of Long Beach to make the necessary independent decision that the Home Depot EIR complies with the California Environmental Quality Act. The following additional comments are related directly to our comment letter of April 14, 2004. B. Lack of Discussion as to Potential Transportation Impacts to Seal Beach: The City had requested in our letter of April 14, 2004, that the traffic analysis impacts include those intersections within the City of Seal Beach which are impacted in accordance with the County of Orange Growth Management standards, which utilizes 1,700 vehicles per hour for lane capacity and a clearance interval of 0.05. Our review of the Draft EIR and Appendix J - Traffic Impact Analysis, does not indicate that this evaluation was completed and presented for public review and comments in the DEIR document. Until such analysis is completed and presented for public review and comments, it is our position that Chapter 4.11, Transportation and Circulation, is inadequate and requires revision. As was indicated in our April 14, 2004 letter, the DEIR will not be adequate without discussion of the cumulative effects of traffic impacts on Pacific Coast Highway, the I -405 Freeway, Westminster Avenue/West Second Street, Seventh Street, and Studebaker Road at the County boundary line, and as far distance from the County boundary line as is appropriate given the criteria set forth in the first paragraph of this comment. We wish to emphasize that vehicular access to the College Park West neighborhood in Seal Beach is through Studebaker Road and 7 Street. In addition, the reduced lane capacity of the Marina Drive Bridge should be reflected in the traffic analysis. There is no discussion within the DEIR document that addresses these comments. As further indicated in our April 14, 2004 letter, the Boeing Integrated Defense Systems ( "BIDS ") Specific Plan traffic impact analysis included a discussion of "Project- Related Fair Share Contribution" on pages 74 and 75 which discussed the net traffic impacts of the BIDS project to the intersections of Pacific Coast 2 Long Beach Home Depot ProjectDEIR.City Comment Letter • City of Seal Beach Comment Letter re: Draft EIR — Long Beach Home Depot Project June 13, 2005 Highway/Westminster Avenue /Second Street and Westminster Avenue and Studebaker Road. A "fair- share" calculation was prepared and a "fair share" dollar contribution to the City of Long Beach was identified. Mr. Jerry Olivera of the City of Long Beach spoke at the May 21, 2003 Planning Commission public hearing on the BIDS Specific Plan EIR, and indicated that the proposed mitigation was inadequate and that the identified fees may not be sufficient to cover the costs of the identified improvements, especially if right -of -way is required. In reviewing the Draft EIR, the mitigation measure proposed for Studebaker Road/West Second Street is the same in the traffic analysis of both project traffic studies, and appears to be consistent. In regards to impacts at Pacific Coast Highway and West Second Street, the BIDS Specific Plan EIR assumed that improvements to that intersection would occur, and the City of Seal Beach adopted appropriate mitigation measures requiring the payment of "fair- share" expenses for proposed improvements at this intersection. The current Home Deport DIER indicates that the Home Depot project will result in a "significant, unavoidable impact" due to right -of -way constraints at this intersection. The document should also specify what the right -of -way constraint is by describing the necessary actions to alleviate the impact and delineating the impact of such improvements on the specific properties that would be impacted if such mitigation were to be undertaken. If the current determination regarding this intersection is the ultimate decision of the City of Long Beach, then there would be no "nexus" for Seal Beach to require payment of those "fair- share" fees identified within the BIDS Specific Plan Final EIR for this intersection. The City of Seal Beach again requests that Long Beach provide a detailed traffic impact "fair share" calculation of all identified project- and cumulative projects impacts to the identified intersections, including any additional intersection identified in the revised and updated "cumulative impacts" discussion due to the additional Seaport Marina project. Such calculations to include the following major cost categories, including the appropriate cost assumptions, as identified in the LL &G traffic analysis for the BIDS Specific Plan EIR: ❑ Description of Improvement ❑ Area of Improvement ❑ Cost per square foot of street widening ❑ Number of signal comers ❑ Construction Cost estimate ❑ Construction Cost Estimate with 25% Contingency ❑ Cost of Right -of -Way ❑ Construction Cost with Right -of -Way Acquisition ❑ Project Fair Share Percent 1 Home Deport Draft Environmental Impact Report, page 4.11 -22 3 Long Beach Home Depot ProjectDEIR.City Comment Letter City of Seal Beach Comment Letter re: Draft EIR — Long Beach Home Depot Project June 13, 2005 The above "fair share" calculation shall be prepared for the Home Depot project, the BIDS Specific Plan Project in Seal Beach, and for any other City of Long Beach or identified cumulative projects that are identified in the traffic analysis as having a significant impact at the subject intersections, including the new "Seaport Marina" project identified in your NOP dated May 2005. Provided below are our concerns regarding the information and discussion within specified sections of the DEIR: DISCUSSION OF DEIR EVALUATIONS: C. BIOLOGICAL RESOURCES: The City has reviewed the evaluation regarding the potential for the presence of wetland indicator species that may exist on the site or along the adjoining levees and the wetland delineation analysis, and concurs with the evaluation and determinations regarding this area of environmental concern. D. CULTURAL RESOURCES: The proposed mitigation measures do not require on -site archaeological and Native American monitoring during grading activities to determine if any cultural resources will be impacted due to project grading activities although it is required for paleontology monitoring. Project grading monitoring relative to unanticipated discovery of cultural resource materials should also be included as a mitigation measure to ensure protection of such resources if they are encountered during project grading activities. The City of Seal Beach requests consideration of a mitigation measure in the following general language to address this issue: "An archaeologist and a Native American Monitor appointed by the City of Long Beach shall be present during earth removal or disturbance activities related to rough grading and other excavation for foundations and utilities that extend below five feet of pre - grading surface elevation. If any earth removal or disturbance activities result in the discovery of cultural resources, the project proponent's contractors shall cease all earth removal or disturbance activities in the vicinity and immediately notify the City selected archaeologist and/or Native American Monitor, who shall immediately notify the Director of Planning. The City selected archaeologist will have the power to temporarily halt or divert the excavation equipment in order to evaluate any potential cultural material. The City selected archaeologist shall evaluate all potential cultural findings in accordance with standard practice and other applicable regulations. Consultation with the Native American Heritage Commission and data/artifact recovery, if deemed appropriate, shall be conducted." 4 Long Beach Home Depot ProjectDEIR.City Comment Letter City of Seal Beach Comment Letter re: Draft EIR — Long Beach Home Depot Project June 13, 2005 E. HAZARDS AND HAZARDOUS MATERIALS: The discussion and evaluation relative to the following issues is adequate in our opinion: ❑ hazardous materials currently existing on the site and new hazardous materials anticipated to be present on the site after project implementation; ❑ exposure of persons doing business and/or working at the project facilities; and ❑ security concerns. F. HYDROLOGY AND WATER QUALITY: The requirement of a double - walled sewer line at the Loynes Street bridge location adequately addresses the concerns of Seal Beach regarding water quality issues. The Environmental Quality Control Board considered and discussed the DEIR document on May 25, 2005, authorized the Chairman to sign this letter, and forwarded the matter to the City Council for fmal review and approval of this letter. On June 13, 2005 the City Council considered this matter, the recommendations of the Environmental Quality Control Board, and authorized the Mayor to sign this letter, representing the official comments of the City of Seal Beach. Thank you for your consideration of the comments of the City of Seal Beach. Please do not hesitate to contact Mr. Lee Whittenberg, Director of Development Services, City Hall, 211 Eighth Street, Seal Beach, 90740, telephone (562) 431 -2527, extension 313, if you have any questions regarding this matter. In addition, please provide four (4) copies of the Revised DEIR on this project to Mr. Whittenberg, so the City can have a copy available at City Hall and at each library within the City available for public review during the public comment period on the revised DEIR. Sincerely, Mayor City of Seal Beach Chairman, Environmental Quality Control Board City of Seal Beach 5 Long Beach Home Depot Project.DEIR.City Comment Letter City of Seal Beach Comment Letter re: Draft EIR — Long Beach Home Depot Project June 13, 2005 Distribution: Seal Beach City Council Seal Beach Planning Commission Seal Beach Environmental Quality Control Board City Manager Director of Development Services 6 Long Beach Home Depot Project.DEIR.City Comment Letter City Comment Letter re: Draft EIR — Long Beach Home Depot, City of Long Beach City Council Staff Report June 13, 2005 ATTACHMENT 2 "DRAFT ENVIRONMENTAL IMPACT REPORT - HOME DEPOT, LONG BEACH ", PREPARED BY LSA FOR THE CITY OF LONG BEACH, DATED APRIL 2005 PLEASE NOTE THAT THE FOLLOWING SECTIONS WERE PROVIDED TO THE EQCB: ❑ SECTION 1.0 EXECUTIVE SUMMARY ❑ SECTION 3.0 PROJECT DESCRIPTION ❑ SECTION 4.2 AIR QUALITY ❑ SECTION 4.3 BIOLOGICAL RESOURCES ❑ SECTION 4.6 HAZARDS AND HAZARDOUS MATERIALS ❑ SECTION 4.7 HYDROLOGY AND WATER QUALITY ❑ SECTION 4.11 TRANSPORTATION AND CIRCULATION ❑ SECTION 6.0 ALTERNATIVES TO THE PROPOSED PROJECT ❑ SECTION 7.0 MITIGATION MONITORING AND REPORTING PROGRAM ❑ SECTION 11 REFERENCES 1 1 Long Beach Home Deport DEIR.CC Staff Report City Comment Letter re: Draft EIR — Long Beach Home Depot, City of Long Beach City Council Staff Report June 13, 2005 ATTACHMENT 3 RESPONSE LETTER RE: "INITIAL STUDY/NOTICE OF PREPARATION - DRAFT ENVIRONMENTAL IMPACT REPORT -LONG BEACH HOME DEPOT", PREPARED BY THE CITY OF LONG BEACH, RECEIVED BY CITY OF SEAL BEACH ON MARCH 22, 2004 12 Long Beach Home Deport DEIR.CC Staff Report City Comment Letter re: Draft EIR— Long Beach Home Depot, City of Long Beach City Council Staff Report June 13, 2005 April 14, 2004 Angela Reynolds, Environmental Planning Officer City of Long Beach Department of Planning and Building, 7th Floor 333 W. Ocean Boulevard Long Beach, CA 90802 SUBJECT: City of Seal Beach Comments re: Notice of Preparation of Draft EIR — "Long Beach Home Depot" Dear Ms. Reynolds: The City of Seal Beach has reviewed the above referenced Notice of Preparation and has several general comments and observations relative to the document, which are set forth below. The City of Seal Beach is concerned that the document, particularly Transportation/Traffic, appear to focus only on Long Beach, and does not appear to propose to fully consider and evaluate potential impacts to the City of Seal Beach, which is immediately adjacent. The City's position is that impacts in the below mentioned areas of concern will not stop at a county boundary line, but may, and probably will, extend into our community as well. The City of Seal Beach, in particular, would seem to be in a position to experience impacts from the proposed project, particularly in the area of "Transportation/Traffic ". Provided below are our concerns regarding the information and discussion within specified sections of the NOP: DISCUSSION OF CHECKLIST RESPONSES Item IV. BIOLOGICAL RESOURCES: Item IV.b — Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified by local, or regional plans, policies, 13 Long Beach Home Deport DEIR.CC Staff Report City Comment Letter re: Draft EIR— Long Beach Home Depot, City of Long Beach City Council Staff Report June 13, 2005 regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Concern of the City of Seal Beach: The Environmental Evaluation Checklist indicates "less than significant impact ". The City feels that response is improper, given the potential for the presence of wetland indicator species that may exist on the site or along the adjoining levees, particularly since a biological evaluation and wetland delineation have not been completed at this time. There may be biological resources and/or wetland areas that are subject to policies and regulations of the California Department of Fish and Game, the U.S. Fish and Wildlife Service, or the Coastal Commission that could be impacted and which would require development of either avoidance or mitigation measures. These concerns are especially pertinent to the proposed use of a sewer force main that is proposed to be constructed from the project site to an existing 8 -inch main on Vista Street that includes 4 -inch sewer line mounted under the Loynes Street bridge. This bridge is directly above the Los Cerritos Channel which flows into Marine Stadium, Long Beach Marina, Alamitos Bay, and eventually the Pacific Ocean. A sewer leak of the proposed under bridge installation could have significant impacts to the marine life that utilizes these important coastal waters, and to the citizens of Long Beach and Seal Beach that enjoy these highly utilized coastal recreation resources. The Draft EIR should include detailed discussion of the biological/wetland resources that may be impacted not only on the project site but those that may be impacted in the downsteam open water resources of Los Cerritos Channel, Marine Stadium, Long Beach Marina, Alamitos Bay, and the Pacific Ocean; a determination of the significance of the impact; and proposed avoidance and/or mitigation measures to reduce identified impacts to a less than significant level. Item V. CULTURAL RESOURCES: Item IV.d — Disturb any human remains, including those interred outside of formal cemeteries? Concern of the City of Seal Beach: The Environmental Evaluation Checklist indicates "Potentially Significant Impact Unless Mitigation Incorporated ". The City feels that response is proper, but have a concern that the discussion for this item indicates that "Precautionary mitigation may be included in the EIR to address any potential impacts related to unknown remains that might be uncovered during grading activities." (Emphasis added). The response leaves an unclear position of the City of Long 14 Long Beach Home Deport DEIR.CC Staff Report City Comment Letter re: Draft EIR — Long Beach Home Depot, City of Long Beach City Council Staff Report June 13, 2005 Beach; will you impose mitigation measures to require on -site archaeological and Native American monitoring during grading activities to determine if any cultural resources, including human remains will be impacted due to project grading activities? This issue should be fully addressed with appropriate mitigation measures set forth relative to project grading monitoring activities, actions if cultural resources or human remains are discovered, and sensitive treatment if human remains are discovered. Item VII. HAZARDS AND HAZARDOUS MATERIALS: Item VII.d — Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, • would it create a significant hazard to the public or the environment? Concern of the City of Seal Beach: The City feels that response is proper, but has a concern that the discussion indicates that mitigation measures will be proposed, if necessary, to "reduce potential impacts to the extent feasible." The concern is regarding the definition of a "feasible mitigation measure" and the public determination process, or lack thereof, as to how that decision may be reached as to what "extent is feasible ". We would anticipate that any adverse environmental conditions that are encountered based on a new Phase I Environmental Site Assessment, or any subsequent environmental site assessments that may result from the recommendations of the Phase I Site Assessment, will be carried out in a manner to reduce adverse exposures to humans to a level of insignificance. Item VII. HAZARDS AND HAZARDOUS MATERIALS: Item VII.g — Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Concern of the City of Seal Beach: The City feels that the response is improper. The issue of increased exposure to existing major electric generating power plants should be evaluated and appropriate security measures should be identified and implemented to provide an adequate level .of site protection of the surrounding highly important power plant facilities. This is particularly important given the proposed development will be impacted by the retention of the Pacific Energy distribution facilities, which are accessible on three sides with public parking lots that are to be provided for the proposed project. Facilities that have previously been clearly separate from any public facilities, such as a shopping center, will now be exposed to public access for many hours a day, and by many persons, and those security concerns need to 15 Long Beach Home Deport DEIR.CC Staff Report City Comment Letter re: Draft EIR — Long Beach Home Depot, City of Long Beach City Council Sta ff Report June 13, 2005 be evaluated, and appropriate mitigation measures imposed to ensure the security of these facilities. Item VIII. HYDROLOGY AND WATER QUALITY: Item VIII.a — Violate any water quality standards or waste discharge requirements? Concern of the City of Seal Beach: The City feels that response is proper, but has a concern that the discussion indicates that mitigation measures Will be proposed, if necessary, to "minimize to the extent feasible potential impacts." The concern is regarding the definition of a "feasible mitigation measure" and the public determination process, or lack thereof, as to how that decision may be reached as to what "extent is feasible ". We would anticipate that any adverse water quality or waste discharge impacts will be carried out in a manner to reduce adverse impacts to a level of insignificance and in accordance with all applicable water quality and waste discharge requirements and permit conditions. Item XV. TRANSPORTATION/TRAFFIC The NOP indicates the DEIR will evaluate the traffic report to determine the project's impact on surrounding roadways. Concern of the City of Seal Beach: The City requests the traffic analysis impacts include those intersections within the City of Seal Beach which are impacted in accordance with the County of Orange Growth Management standards, which utilizes 1,700 vehicles per hour for lane capacity and a clearance interval of 0.05. The impacts of all other cumulative projects within the project vicinity in the City of Long Beach should be thoroughly addressed. The impacts of the increased traffic from all appropriate projects in the City of Long Beach, along with those projects in the City of Seal Beach, including the previously approved Boeing Integrated Defense Systems Specific Plan, along with cumulative traffic impacts of regional trip increases should be thoroughly analyzed and proposed mitigation measures clearly set forth to resolve those problems. The DEIR will not be adequate without discussion of the cumulative effects of traffic impacts on Pacific Coast Highway, the I -405 Freeway, Westminster Avenue, i Street, and Studebaker Road at the County boundary line, and as far distance from the County boundary line as is appropriate given the criteria set forth in the first paragraph of this comment. We wish to emphasize that vehicular access to the College Park West neighborhood in Seal Beach is through Studebaker Road and 7 16 Long Beach Home Deport DEIR.CC Staff Report City Comment Letter re: Draft EIR - Long Beach Home Depot, City of Long Beach City Council Staff Report June 13, 2005 Street. In addition, the reduced lane capacity of the Marina Drive Bridge should be reflected in the traffic analysis. The City of Seal Beach has previously provided to your office a copy of the Traffic Study for the Boeing Integrated Defense Systems ( "BIDS ") Specific Plan, prepared by Linscott Law & Greenspan ( "LL &G "), dated December 13, 2002 as a technical appendix to the BIDS Specific Plan Draft Environmental Impact Report. If you require an additional copy of this document, please contact the Department of Development Services. Please be aware that the BIDS Specific Plan traffic impact analysis included a discussion of "Project- Related Fair Share Contribution" on pages 74 and 75 which discussed the net traffic impacts of the BIDS project to the intersections of Pacific Coast Highway/Westminster Avenue /Second Street and Westminster Avenue and Studebaker Road. A "fair- share" calculation was prepared and a "fair share" dollar contribution to the City of Long Beach was identified. Mr. Jerry Olivera of the City of Long Beach spoke at the May 21, 2003 Planning Commission public hearing on the BIDS Specific Plan EIR, and indicated that the proposed mitigation was inadequate and that the identified fees may not be sufficient to cover the costs of the identified improvements, especially if right -of -way is required. The City of Seal Beach requests that Long Beach provide a detailed traffic impact "fair share" calculation of all identified project- and cumulative projects impacts to the identified intersections. Such calculations to include the following major cost categories, including the appropriate cost assumptions, as identified in the LL &G traffic analysis for the BIDS Specific Plan EIR: ❑ Description of Improvement ❑ Area of Improvement ❑ Cost per square foot of street widening ❑ Number of signal corners ❑ Construction Cost estimate ❑ Construction Cost Estimate with 25% Contingency ❑ Cost of Right -of -Way ❑ Construction Cost with Right -of -Way Acquisition ❑ Project Fair Share Percent The above "fair share" calculation shall be prepared for the Home Depot project, the BIDS Specific Plan Project in Seal Beach, and for any other City of Long Beach or identified cumulative projects that are identified in the traffic analysis as having a significant impact at the subject intersections. The Environmental Quality Control Board considered and discussed the NOP document on April 14, 2004, and authorized the Chairman to sign this letter, representing the official comments of the City of Seal Beach. 17 Long Beach Home Deport DEIR.CC Staff Repoli . • City Comment Letter re: • Draft EIR — Long Beach Home Depot, City of Long Beach City Council Staff Report June 13, 2005 Thank you for your consideration of the comments of the City of Seal Beach. Please do not hesitate to contact Mr. Lee Whittenberg, Director of Development Services, City Hall, 211 Eighth Street, Seal Beach, 90740, telephone (562) 431 -2527, extension 313, if you have any questions regarding this matter. In addition, please provide four (4) copies of the Draft EIR on this project to Mr. Whittenberg, so the City can have a copy available at City Hall and at each library within the City available for public review during the public comment period. Sincerely, /s/ John Unrath Chairman, Environmental Quality Control Board City of Seal Beach Distribution: • Seal Beach City Council Seal Beach Planning Commission Seal Beach Environmental Quality Control Board City Manager Director of Development Services 18 Long Beach Home Deport DEIR.CC Staff Report