HomeMy WebLinkAboutCC AG PKT 2004-06-14 #N AGENDA REPORT
DATE: June 14, 2004
TO: Honorable Mayor and City Council
•
THRU: John B. Bahorski, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: APPROVAL OF COMMENT LETTER — SUNSET
HARBOUR MARINA BOAT LAUNCH PARKING AND
•
DRY BOAT STORAGE EXPANSION DRAFT EIR
•
SUMMARY OF REQUEST:
Instruct Mayor to sign Comment Letter, with any amendments determined appropriate.
Forward approved comment letter to the Planning Commission and Environmental
Quality Control Board for information purposes. Receive and File Staff Report.
BACKGROUND:
The City has received a copy of the "Draft EIR — Sunset Harbour Marina Boat Launch
Parking And Dry Boat Storage Expansion ", which is in the public comment stage of
review. The comment period on the Draft EIR (DEIR) will close at 5:00 PM on June 24,
2004.
Summary of Proposed Action and Environmental Impacts:
Staff has previously provided a complete copy of the DEIR for the information of the City.
Council in reviewing the proposed project and draft comment letter.
Project Summary:
The project involves expansion of the Marina's existing 4.5 acre boat launch parking area
into an adjacent undeveloped portion of the property; 2.32 acres .would be added to
provide an additional 72 boat trailer and launch vehicle parking spaces for a total of 273
spaces. A separate, adjacent 6.13 -acre area would also be constructed and be operated as
a boat storage facility accommodating 314 dry stand boat spaces. A 100 -foot buffer
would be maintained between the developed areas and the adjacent wetlands (Seal Beach
National Wildlife Refuge).
Agenda Item A/
Z:\My Documents \CEQA \Sunset Marina Boat Launch DE1R Comment Letter.CC Staff Report.doc \LW\06 -03 -04
Approval of Comment Letter re: "Draft Environmental Impact Report —
Draft DEIR — Sunset Harbour Marina Boat Launch Parking
and Dry Boat Storage Project
DEIR prepared by County of Orange
City Council Staff Report
June 14, 2004
Project Objectives:
The County of Orange has identified project objectives as follows:
❑ Provide enhanced recreational boating opportunities through more convenient
direct access to the water for users of both the boat launch ramp and the dry
boat storage area;
❑ Accommodate a greater number of smaller, less expensive boats;
❑ Create a safer and more efficient traffic pattern for the users of the boat
launch, particularly during the peak boating season;
❑ Reduce impacts to public street traffic and to adjacent residential neighbors by
eliminating on- street (Edinger Avenue) parking of boat trailers and vehicles;
and
❑ Enhance revenues to the County's Harbors, Beaches, and Parks Fund.
Summary of Potential Significant Environmental Impacts after Mitigation:
The DEIR document does not identify any environmental impacts as significant after the
imposition of mitigation measures.
Summary of Alternatives:
Four alternatives have been identified within the DEIR. They are:
❑ Alternative 1: No Project/No Build - this is the existing condition of the
project site at the time the Notice of Preparation (NOP) was published. This
alternative evaluates the environmental impacts associated with no changes to
the project site.
❑ Alternative 2: Wetlands Consolidation - Boat launch parking and dry
boat expansion with wetlands consolidation: the number of dry stand boat
spaces in the dry boat storage facility would accommodate 399 spaces, an
increase of 85 spaces over the proposed project's 314 spaces. The boat trailer
and hauling vehicle spaces would be increased from 201 to 290, versus the
proposed project's increase to 273 spaces. The small, isolated wetlands areas
would be consolidated into a 0.62 -acre wetlands area.
❑ Alternative 3: Recreational Vehicle (RV) Park - Limited boat launch
parking expansion/recreational vehicle (RV) park: 100 trailer /vehicle spaces
would be added on 2 acres of adjacent undeveloped property resulting in a total
of 129 boat launch parking spaces; the existing 162 dry boat spaces would
remain unchanged; a 150 space RV park would be built on approximately 9
additional acres of the undeveloped property. No additional dry boat stands
would be created.
2
Sunset Marina Boat Launch DEIR Comment Letter.CC Staff Report
•
Approval of Comment Letter re: `Draft Environmental Impact Report —
Draft DEIR — Sunset Harbour Marina Boat Launch Parking
and Dry Boat Storage Project
DEIR prepared by County of Orange
City Council Staff Report
June 14, 2004
❑ Alternative 4: No Project /Off-Site Alternative - Location for dry boat
storage expansion: 237 dry boat spaces would be established on approximately
5 acres of undeveloped property at the Newport Dunes Resort in Newport
Beach; the property is accessed from Bayside Drive off of Pacific Coast
Highway. No expansion of either the boat launch parking or the dry boat
storage would occur at Sunset Harbour Marina.
Both Alternative 1 and Alternative 2 are identified as environmentally superior
alternatives to the proposed project.
Principal Discretionary Actions and Approvals Required:
The County of Orange has identified the following discretionary actions:
❑ Certification of an Environmental Impact Report — County of Orange;
❑ Approval of Lease Amendment with Sunset Aquatic Park, Ltd. — County of
Orange;
❑ Issuance of a Coastal Development Permit — California Coastal Commission
Other agencies with discretionary and/or permit authority over some aspect of the project
are identified as:
❑ City of Seal Beach — Local jurisdiction review and "Approval in Concept" of
Coastal Development Permit.
❑ Santa Ana Regional Water Quality Control Board — National Pollution
Discharge Elimination System Permit (NPDES); construction storm water
Notice of Intent review; Section 401 water quality certification.
❑ State Department of Fish and Game — 2081 Consistency Finding; Endangered
Species Section 1603 Streambed Alteration Agreement.
❑ State Department of Toxic Substances Control — Approval of Preliminary
Endangerment Assessment.
❑ U.S. Army Corps of Engineers — Section 404 Permit for impacts to jurisdictional
drainages.
❑ U.S. Fish and Wildlife Service — Section 7 or l0a Permit for impacts to federally
threatened and endangered species.
DEIR Comment Period:
The comment period on the DEIR will conclude at 5:00 PM on June 24, 2004. Written
comments may be submitted to the County of Orange as noted below:
Mr. Bill Grieman
RDMD/Environmental Planning Services
300 North Flower Street
Box 4048
Santa Ana, CA 92702 -4048
3
Sunset Marina Boat Launch DEIR Comment Letter.CC Staff Report
Approval of Comment Letter re: "Draft Environmental Impact Report —
Draft DEIR — Sunset Harbour Marina Boat Launch Parking
and Dry Boat Storage Project
DEIR prepared by County of Orange
City Council Staff Report
June 14, 2004
Public Availability of DEIR:
A copy of the DEIR is available at the Department of Development Services and the Office
of the City Clerk for review. In addition, the DEIR is available at each library within the
City.
Major Areas of Concern Discussed in City Comment Letter:
The following major areas of concern are discussed in greater detail in the draft comment
letter, along with a number or minor technical corrections:
❑ City of Seal Beach Preference for Environmentally Superior Alternative -
Alternative 2: Wetlands Consolidation with Revision;
❑ Revision to Alternative 2 Supported by the City of Seal Beach;
❑ DEIR Document Does Not Clearly Set Forth the Review and Approval
Functions of the City of Seal Beach;
❑ Inadequate Characterization of Water Quality Treatment Program During
Construction and Operation; and
•
❑ Concerns regarding "Marinas" and "Boatwash" discussion in Appendix F,
Final Water Quality Impact Analysis Report
Recommended City Action:
The EQCB considered a Staff Report regarding the proposed comment letter on June 2,
2004, and instructed staff to forward the comment letter, with revisions, to the City Council
for final review and approval. Recommended revisions by the EQCB are noted by double -
underline, bolt[, and italics for text to be added and by for text to be
deleted (Refer to Attachment 1). The comment letter focuses on the identified impacts to
the project site and adjoining properties, and technical corrections to the document
Additional Concerns of the EQCB: _
The EQCB also indicated several concerns not directly related to the environmental
review process of the subject project relative to Sunset Harbour Marina. Those concerns
are summarized below:
❑ EQCB Concern: Can this facility be de- annexed from the City?
. Staff Response: This would a City Council issue to address and any
attempt to de -annex the property from the City would require the City of
Huntington Beach to incorporate the area into its jurisdiction, after review
and approval by the Local Agency Formation Commission.
❑ EOCB Concern: Concern that the increased facility capacities will place an
undue burden on the ability of the Police Department to respond to calls for
service.
4.
Sunset Marina Boat Launch DEIR Comment Letter.CC Staff Report
Approval of Comment Letter re: `Draft Environmental Impact Report —
Draft DEIR — Sunset Harbour Marina Boat Launch Parking
and Dry Boat Storage Project
DEIR prepared by County of Orange
City Council Staff Report
June 14, 2004
Staff Response: Staff has addressed this issue in the comment letter,
after consultation with Captain Schaffer of the Police Department. The
concerns of the Police Department are set froth in the comment regarding
Page 1 -20, Table 1.6 -A: Summary of Impacts and Mitigation Measures,
Mitigation Measure 4.9 -2 and Mitigation Measure 4.9 -7, which request a
24 -hour security presence on the subject property.
FISCAL IMPACT:
No direct impacts. If increased environmental degradation upon the City is experienced as a
result of the proposed project, the costs of appropriate mitigation measures should be the
responsibility of the project proponent. To the extent that those impact mitigation costs are
not completely the responsibility of the project sponsor, the City of Seal Beach may
ultimately have to incur significant expenses to adequately mitigate unfunded environmental
mitigation programs.
RECOMMENDATION:
Instruct Mayor to sign Comment Letter, with any amendments determined appropriate.
Forward approved comment letter to the Planning Commission and Environmental
Quality Control Board for information purposes. Receive and File Staff Report.
NOTE IND AP A. VED: ■ .
/ 4:- .,-
. ,, , , ,
e Whittenberg :. IF ' '
h ector of Development Services City M ager
Attachments: (2)
Attachment 1: Proposed Comment Letter re: "Dr', EIR — Sunset Harbour Marina
Boat Launch Parking And Dry Boat Storage Expansion ", prepared
by the County of Orange, dated April 2004 (indicating revisions
recommended by EQCB on June 2, 2004)
Attachment 2: "Draft EIR — Sunset Harbour Marina Boat Launch Parking And Dry
Boat Storage Expansion ", prepared by the County of Orange, dated
April2004
5
Sunset Marina Boat Launch DEIR Comment Letter.CC Staff Report
•
Approval of Comment Letter re: `Draft Environmental Impact Report —
Draft DEIR— Sunset Harbour Marina Boat Launch Parking
and Dry Boat Storage Project
DEIR prepared by County of Orange
City Council Staff Report
June 14, 2004
Note: Previously provided to the City Council, not provided with this
Staff Report. A copy of the complete document, including the
technical appendices will be available at the City Council meeting
* * * *
6
Sunset Marina Boat Launch DEIR Comment Letter.CC Staff Report
Approval of Comment Letter re: `Draft Environmental Impact Report —
Draft DEIR — Sunset Harbour Marina Boat Launch Parking
and Thy Boat Storage Project
DEIR prepared by County of Orange
City Council Staff Report
June 14, 2004
ATTACHMENT 1
PROPOSED COMMENT LETTER RE:
"DRAFT EIR - SUNSET HARBOUR MARINA
BOAT LAUNCH PARKING AND DRY BOAT
STORAGE EXPANSION", PREPARED BY
THE COUNTY OF ORANGE, DATED APRIL
2004 (INDICATING REVISIONS
RECOMMENDED BY EQCB ON JUNE 2,
2004))
7
Sunset Marina Boat Launch DEIR Comment Letter.CC Staff Report
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June 14, 2004 FILE COPY
Bill Grieman
RDMD/Environmental Planning Services
300 N. Flower Street
PO Box 4048
Santa Ana, CA 92702 -4048
SUBJECT: City of Seal Beach Comments re:, "Dra ft Environmental
Impact Report, Sunset Harbour Marina Boat Launch Parking
and Diy Boat Storage Expansion"
Dear Mr. Grieman:
The City of Seal Beach has reviewed the above referenced Draft Environmental
Impact Report (DEIR) prepared by the County of Orange and has several comments
relative to the document. The proposed project is within the City of Seal Beach, and as such
has raised concerns regarding environmental impacts upon our community, in particular
regarding the Seal Beach National Wildlife Refuge located north of the subject property and
the least tern nesting area west of the existing boat launch facility at Sunset Harbour Marina.
In addition to the comments set forth within the body of the 'letter, several comments related
to technical issues and necessary corrections are provided in "Exhibit A - Staff Technical
and Correction Comments ". All comments contained within the body of the letter and
Exhibit A should be responded to in a re- circulated Draft EIR document if that is determined
appropriate, or in the "Response to Comments" to be prepared as part of a Final EIR for this
project.
City of Seal Beach Preference for Environmentally Superior Alternative -
Alternative 2: Wetlands Consolidation with Revision:
The City of Seal Beach supports the implementation of Alternative 2, Wetlands
Consolidation, rather than the proposed project, and would encourage' the County of Orange
to approve the Alternative 2 project for final submission to the various review and
permitting agencies, including the California Coastal Commission. This alternative will
result in a larger, maintained wetland area, vegetated with native riparian species, and
would offer more habitat value than the fragmented seasonal wetlands preserved in the
Z: \My Documents \CEQA \Sunset Marina Boat launch and Dry Boat Storage DEIR.CC Comment Letter.doc \LW \06 -14 -04
City of Seal Beach Comment Letter re:
Draft DEIR — Sunset Harbour Marina Boat Launch Parking
and Thy Boat Storage Project
June 14, 2004
proposed project. It is the position of the City of Seal Beach to support this alternative
with the following revision.
Revision to Alternative 2 Supported by the City of Seal Beach:
The proposed dry boat storage facility is to be comprised of parking stalls located on
permeable gravel surfaces, with asphalt paved drive aisles. The DEIR document indicates
this treatment is proposed " . . to aid infiltration of stormwater and reduce flows discharging
from the area." This approach is of concern to the City of Seal Beach as the potential for `.
infiltration of sediments, nutrients, pathogens, metals, and oil and grease into the underlying
water table, and eventual migration into the waters of Anaheim Bay, and potentially into the
Seal Beach National Wildlife Refuge, is not clearly and convincingly addressed within the
DEIR. The City of Seal Beach would request that the dry boat storage area be paved with
an impermeable asphalt pavement, as will be the proposed expanded boat launch parking
area, and be provided with the same water quality treatments as is proposed for the
expanded boat launch parking area.
It is the position of the City of Seal Beach that all flows from the dry boat storage
area and the boat wash area should be directed to the sewer system for treatment, thereby
eliminating potential adverse water quality impacts from this activity on the project site.
In addition, the County of Orange should investigate with the City of Huntington Beach
the possibility of diverting low flow waters from the boat launch facility to the sewer
system.
This alternative, as described on pages 5 -9 through 5 -11, will result in essentially the
same project, except that the seasonal wetland areas would be consolidated into one larger
area that would be improved with riparian vegetation and maintained with a reliable source
of water and managed by the project proponent. This alternative is identified as meeting all
of the project objectives, which relate to the boat launch parking area expansion and the
construction of the dry boat storage facility, while providing the additional benefit of a
consolidated and monitored wetland in the eastern portion of the project site.
This alternative is identified on page 5 -10, in the `Biology" section as:
"The wetlands consolidation alternative would remove the existing ground
depressions, aggregate their present acreage and create a larger area along
the eastern perimeter of the project site... Therefore, by the creation of an
on -site viable wetlands feature that would have greater habitat value as
compared to the seasonal wetlands as part of the proposed project, the
wetlands consolidation alternative would have less . of an impact on
biological resources as compared to the proposed project."
This alternative is further described on page 5 -19, in Section 5.9, "Environmentally
Superior Alternative" as: follows
Sunset Marina Boat launch and Dry Boat Storage DEIR.CC Comment Letter
City of Seal Beach Comment Letter re:
Draft DEIR — Sunset Harbour Marina Boat Launch Parking
and Dry Boat Storage Project
June 14, 2004
"Pursuant to the discussion in the previous section and in comparing the
alternatives in Table 5.8 -A, both the no project and the wetlands
consolidation alternatives are environmentally superior to the proposed
project. Additionally, the wetlands consolidation alternative would
provide additional boat launch parking spaces and more dry boat storage
parking in the new parking lot, as compared to the proposed project.
Therefor, it would meet project objectives of increasing boating facilities
and lease revenue to a greater extent than the proposed project. All
impacts of the wetland consolidation alternative and the proposed project
are expected to be similar, except in the case of biological resources. The
wetlands consolidation alternative would result in a larger, maintained
wetland area, vegetated with native riparian species, and would offer more
habitat value than the fragmented seasonal wetlands preserved in the
proposed project."
DEIR Document Does Not Clearly Set Forth the Review and Approval
Functions of the City of Seal Beach:
Throughout the document, and particularly in Table 1.6 -A, Summary of Impacts
and Mitigation Measures, and in Table 7.A, Mitigation Measures Implementation
Schedule and Monitoring Checklist, it is unclear as to the permit issuance authority that the
City of Seal Beach will be responsible for in the ultimate approval of any construction plans
for this project. On August 27, 2001 a letter was sent to Vicki Wilson, Director of Public
Facilities and Resources Department, County . of Orange, clarifying the City of Seal
Beach's position on the planning and building permit process for Sunset Marina.
That letter indicated the following relating to the issue of permit authority of the
City of Seal Beach:
"0 Construction Approvals and Inspections
It has been the position of the City of Seal Beach that all activities
requiring pen-nits in accordance with the provisions of the Code of the
City of Seal Beach, will be plan checked, issued, and inspected by the
City. The City and County have processed several previous land use
. entitlements within Sunset Marina under this same understanding, and is
currently awaiting submittal to the City of required documentation to issue
the necessary permits for the construction of the slip replacement project
at the Marina."
• The Final EIR should be revised to clearly indicate throughout that the City of Seal
Beach will be the pennit issuing authority for all required grading and construction permits
to complete an approved project at Sunset Harbour Marina. This would require revisions to
the language in the "Executive Summary", Section 1.1 Item 5, Additional Permits and
3
Sunset Marina Boat launch and Dry Boat Storage DEIR.CC Comment Letter
•
City of Seal Beach. Comment Letter re:
Drcf DEIR - Sunset Harbour Marina Boat Launch Parking ' '
and Thy Boat Storage Project
June 14, 2004
Approvals (pages 1 -1 and 1 -2); Table 1.6 -A (pages 1 -4 through 1 -21); Table 7.A: Mitigation
Measure I>_nplementation Schedule and Monitoring Checklist (pages 7 -3 through 7 -25).
The following "Mitigation Measures" have been identified by the City of Seal Beach
as requiring approval of final plans, permits, and/or specifications by the Director of
Development Services or the Director of Public Works /City Engineer prior to the beginning
of construction activity on the project site, including any grading activity:
❑ Mitigation Measure 4.1 -1 ❑ Mitigation Measure 4.5 -2
❑ Mitigation Measure 4.1 -2 ❑ Mitigation Measure 4.5 -3
❑ Mitigation Measure 4.1 -2 ❑ Mitigation Measure 4.5 -4
❑ Mitigation Measure 4.2 -2 ❑ Mitigation Measure 4.6 -1
❑ Mitigation Measure 4.3 -1 ❑ Mitigation Measure 4.6 -2
❑ Mitigation Measure 4.3 -2 ❑ Mitigation Measure 4.6 -3
❑ Mitigation Measure 4.3 -3 ❑ Mitigation Measure 4.6 -4
❑ Mitigation Measure 4.3 -4 ❑ Mitigation Measure 4.6 -5
❑ Mitigation Measure 4.3 -5 ❑ Mitigation Measure 4.8 -1
❑ Mitigation Measure 4.4 -1 ❑ Mitigation Measure 4.9 -1
❑ Mitigation Measure 4.4 -2 ❑ Mitigation Measure 4 :9 -3
❑ Mitigation Measure 4.4 -3 ❑ Mitigation Measure 4.9 -4
❑ Mitigation Measure 4.4 -4 ❑ Mitigation Measure 4.9 -8
❑ Mitigation Measure 4.5 -1 ❑ Mitigation Measure 4.9 -9
It is requested that County staff meet with the Director of Development Services and
the Director of Public Works /City Engineer to prepare revised language for the above - listed
mitigation measures to accurately reflect the approval authority of the City of Seal Beach on
all applicable plans, permits and/or specifications relating to project implementation.
•
All of the mitigation measures relating to water quality and hydrology need to be
revised to indicate that the City of Seal Beach also has established municipal stone water
permit requirements in accordance with the Orange County Drainage Area Management
Plan and the project will be required to comply with the local City of Seal Beach
standards, as implemented by the provisions of the Seal Beach Municipal Code, Chapter
9.20, Stone Water Management Plan, and the provisions of Section 8.0, Construction, of
the City of Seal Beach Local Iriplem.entation Plan.
• In addition, the following language should be added to the revised language of
Mitigation Measures 4.1 -1, 4.2 -1, 4.2 -2, 4.3 -5, 4.5 -1, 4.6 -1, 4.6 -3, 4.6 -5, and 4.9 -8:
"Project proponent shall reimburse City for costs of independent third- •
party peer review of said plan, permit, and /or specifications."
Inadequate Characterization of Water Quality Treatment Program During
Construction and Operation:
4
Sunset Marina Boat launch and Dry Boat Storage DEIR.CC Continent Letter
•
City of Seal Beach Comment Letter re:
Draft DEIR — Sunset Harbour Marina Boat Launch Parking
and Dry Boat Storage Project
June 14, 2004
Page 1 -2, Project Description: The language in the third paragraph of this section
needs to be expanded upon to include discussion of the runoff control measures during both
construction and operations in greater detail. It is also requested that the detailed discussion
of water quality and hydrology indicate that the project has been evaluated in accordance
with the applicable provisions and requirements of the California Nonpoint Source Program
Implementation Plan for the period from July 1, 2003 through June 30, 2008, prepared by
the State Water Resources Control Board (SWRCB) and the California Coastal Commission
(CCC). The Five -Year Plan is posted on the SWRCB web
site, www.scrwb.ca.gov /nps /5yrplan. It is the concern of the City of Seal Beach that the
proposed project and continuing operations of boat launch and dry boat storage activities
fully incorporate the best available design and construction practices, as well as appropriate
operation and . maintenance practices and encourage the use of effective pollution control
and education efforts. Section V of the Nonpoint Source Program Implementation Plan for
2003 -2008, "Marinas and Recreational Boating Category" sets forth several "management
measures" that need to be considered by the County in its stormwater and water quality
evaluations and program implementation. The more applicable "management measures"
include: -
El Management Measure 4.1— Assessment, Siting and Design
❑ C — Water Quality Assessment
❑ E — Storm Water Runoff
❑ G — Sewage Facilities
❑ _ H — Waste Management Facilities
❑ Management Measure 4.2 — Operation and Maintenance
❑
•
A — Solid Waste Control
❑ C — Liquid Material Control
❑ D — Petroleum Control
❑ E — Boat Cleaning and Maintenance
❑ F — Maintenance of Sewage Facilities
❑ G — Boat Operation
❑ Management Measure 4.3 — Education and Outreach
•
The water quality and hydrology section of the EIR document should be expanded and
discuss in greater detail how the proposed facilities, including construction and operation
phases will address each of the areas of concern set forth above. The County of Orange
should focus its mitigation measures in the EIR document to coincide with the goals of the
Nonpoint Source Program Implementation Plan for 2003 -2008 of:
❑ preventing discharges of waste oil, sewage, petroleum, solid waste and hazardous
substances either from • surface runoff, improper boat cleaning/mainteriance
activities, lack of disposal facilities or improper maintenance of existing facilities;
❑ relying on education and outreach efforts to marina owners and operators and the
boating public to provide information on pollution problems and management
practices that can be implemented to prevent or control improper disposal of
pollutants.
5
Sunset Marina Boat launch and Diy Boat Storage DEIR.CC Comment Letter
City of Seal Beach Comment Letter re:
Draft DEIR — Sunset Harbour Marina Boat Launch Parking
and Dry Boat Storage Project
June 14, 2004
Concerns regarding "Marinas" and `Boatwash" discussion in Appendix
F, Final Water Quality Impact Analysis Report:
This document includes a characterization of project runoff, water quality •
modeling results, and an evaluation of post - construction BMPs to mitigate stormwater
runoff impacts. The City of Seal Beach has concerns regarding the discussion in the
following portions of this document:
❑ Page 3 -1, Section 3.1.1, "Marinas" discusses boat yard operations and
compares the proposed project to a boat yard in Coos Bay in central Oregon.
The discussion goes on to state that chromium and pH levels are not an issue
for the subject development, since boat maintenance activities will not occur.
It is our position that this conclusion may not necessarily be correct, as boat
owners may in fact undertake some boat maintenance activities within either
the dry boat storage area or the boat launch parking area. These maintenance
activities may range from minor wash down and cleaning operations to
emergency repairs or parts replacement that are necessary to be able to
successfully launch and operate a boat. Please provide additional discussion •
as to what activities are considered "boat maintenance" and how the project
operator will prohibit such activities from occurring on the project site.
❑ Page 3 -3, Section 3.1.4, `Boatwash" discusses this proposed facility and
includes specified measures to reduce water quality impacts from this facility.
However, those stipulated measures are not set forth in Section 4.6.3.2,
Potentially Significant Impacts, Surface Water Quality, Operations. In
_fact this section of the DEIR only once indicates that there is a "boatwash"
facility, and the project maps and exhibits do not clearly indicate where this
facility is to be located. The EIR must clearly indicate within the project
description, and all appropriate project maps and exhibits the location of the
"boatwash" facility, and all appropriate mitigation measures must be revised
to clearly indicate the appropriate BMPs to be utilized for water quality
treatment requirements.
The Environmental Quality Control Board (EQCB) considered and discussed the
Draft DEIR document on June 2, 2004. The EQCB recorntnended to the City Council to
authorize the Mayor to sign this comment letter and forward it to the County for response.
The City Council, on June 14, 2004, authorized the Mayor Pro Tem to sign the letter.
Upon the preparation of a re- circulated Draft EIR or the Final EIR for this project,
please send 4 hard copies and a digital copy, if available, to Mr. Lee Whittenberg, Director
of Development Services, City Hall, 211 Eighth Street, Seal Beach, 90740. Thank you for
your consideration of the comments of the City of Seal Beach. If you have questions
concerning this matter, please do not hesitate to contact Mr. Whittenberg at telephone (562)
431 -2527, extension 313, or by e -mail at lwhittenb ,erg @ci.seal- beach.ca.us.
6
Sunset Marina Boat Launch and Dry Boat Storage DEIR.CC Comment Letter
•
•
City of Seal Beach Comment Letter re:
Draft DEIR — Sunset Harbour Marina Boat Launch Parking
and Dry Boat Storage Project
•
June 14, 2004
Sincerely,
do„..4
Charles Antos, Mayor Pro Tem Mario Voce, Member
City of Seal Beach Environmental Quality Control Board
Attachments:. (1) •
Exhibit A — Staff Technical And Correction Comments
•
•
Distribution: •
Seal Beach City Council Seal Beach Planning Commission
City Manager Environrental Quality Control Board
Director of Development Services
•
•
•
•
•
•
7
Sunset Marina Boat launch and Diy Boat Storage DEIR.CC Comment Letter
.
;
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,
City of Seal Beach Comment Letter re:
Draft DE1R — Sunset Harbour Marina Boat Launch Parking
and Dry Boat Storage Project
June 14, 2004
EXHIBIT A
STAFF TECHNICAL AND CORRECTION COMMENTS
1. Page 1-2, Project Description: Please clarify the la g ge in second paragraph
h ,.n the s and r a��aph
of this section to clearly indicate that "recreational vehicle" parking or storage is not
to be permitted. The City of Seal Beach is most concerned that the expanded boat
launch parking lot does not become a de -facto overnight parking area for
recreational vehicle owners who would also utilize the boat launch and dry boat
storage facilities. Such a use of the project area would generate substantial adverse
impacts upon the surrounding environment and is entirely unacceptable to the City
of Seal Beach.
2. Page 1 -7, Table 1.6.A: Summary of Impacts and Mitigation Measures,
Mitigation Measures 43 -2, Biology. Revise the language of this mitigation
measure to reference utilization of the "survey protocol" for the western burrowing
owl.
3. Page 1 -10, Table 1.6.A: Summary of Impacts and Mitigation Measures,
Mitigation Measures 4.4, Cultural Resources. Revise the language of these
mitigation measures to read as follows: •
"Mitigation Measure 4.4 -1. Training of Construction Personnel.
Prior to the institution of grading operations, the project proponent will
develop and implement a worker training program. The program will
be developed to convey (1) the necessity of training to recognize •
potential cultural resources during grading activities; (2) the
procedures to be employed if any potential cultural material is exposed
or excavated during construction grading operations; and (3) the
procedures to be used in the event of a discovery of cultural resources.
The training will consist of in -field worker orientation accompanied by
distribution of pamphlets describing the potential cultural resources
that may exist and the appropriate archaeological procedures to follow,
including the telephone contact information for the Director of
Development Services of the City of Seal Beach and the City- selected
archaeologist and Native American monitor. The City- selected
archaeologist will prepare the training materials in consultation with
the Chief, RDMD/Harbors, Beaches and Parks /Historical Facilities
Section, County of Orange and the Director of Development Services
of the City of Seal Beach."
8
Sunset Marina Boat launch and Dry Boat Storage DEIR.CC Comment Letter
•
City of Seal Beach Comment Letter re:
Draft DEIR — Sunset Harbour Marina Boat Launch Parking �.
and Diy Boat Storage Project
June 14, 2004
Existing Mitigation Measures 4.4 -1 through 4.4 -4 should be
renumbered to 4.4 -2 through 4.4 -5, respectively.
Revised Mitigation Measure 4.4 -2 should be revised to read as
follows:
"Mitigation Measure 4.4 -2. If archaeological materials are identified
during grading and construction, the project proponent's contractors
shall cease all earth removal or disturbance activities in the vicinity
and immediately notify the Director of Development Services of the
City of Seal Beach who shall immediately notify the City - selected
archaeologist and Native American Monitor. 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, the
requirements of the City of Seal Beach Archaeological and Historical
Element, and other applicable regulations. Consultation with the
Native American Heritage Commission and data/artifact recovery, if
deemed appropriate, shall be conducted."
Revised Mitigation Measure 4.4 -3 should be revised to read as
follows:
"Mitigation Measure 4.4 -3. Should any human bone be encountered
during any earth removal or disturbance activities, all activity shall
cease immediately and the city selected archaeologist and Native
American monitor shall be immediately contacted, who shall then
immediately notify the Director of Development Services. The
Director of the Department of Development Services shall contact the
Coroner pursuant to Section 5097.98 and 5097.99 of the Public
Resources Code relative to Native American remains. Should the
Coroner determine the human remains to be Native American, the
Native American Heritage Commission shall be contacted pursuant to
Public Resources Code Section 5097.98.
If more than one Native American burial is encountered during any
earth removal or disturbance activities, a "Mitigation Plan" shall be
prepared and subject to approval by•- -the City of Seal Beach
Community Development Department. The Mitigation Plan shall
include the following procedures:
Continued Native American Monitoring
9
Sunset Marina Boat launch and Dry Boat Storage DEIR.CC Comment Letter
City of Seal Beach Comm Letter re:
Draft DEIR — Sunset Harbour Marina Boat Launch Parking
and my Boat Storage Project
June 14, 2004
❑ All ground disturbance in any portions of the project area with the
potential to contain human remains or other cultural material shall
be monitored by a Native American representative of the Most
Likely Descendent (MLD). Activities to be' monitored shall
include all construction grading, controlled grading, and hand
excavation of previously undisturbed deposit, with the exception of
contexts that are clearly within the ancient marine terrace.
❑ . Exposure and removal of each burial shall be monitored by a
Native American. Where burials are clustered and immediately
adjacent, one monitor is sufficient for excavation of two adjoining
burials.
❑ Excavation of test units shall be monitored. Simultaneous
excavation of two test units if less than 20 feet apart may be
monitored by a single Native American.
❑ If screening of soil associated with burials or test units is done
concurrently with and adjacent to the burial or test unit, the Native
American responsible for that burial or test unit will also monitor
the screening. If the screening is done at another location, a
separate monitor shall be required.
❑ All mechanical excavation conducted in deposits that may contain
human remains (i.e., all areas not completely within the marine
terrace deposits) shall be monitored by a Native American.
Notification Procedures for New Discoveries
❑ When possible burials are identified during monitoring of
mechanical excavation, or excavation of test units, the excavation
shall be temporarily halted while the find is assessed in
consultation with the lead field archaeologist. If the find is made
during mechanical excavation, the archaeologist or Native
American monitoring the activity shall have the authority to direct
the equipment operator to stop while the find is assessed. If it is
determined that the find does not constitute a burial, the
mechanical excavation shall continue.
❑ If the find is determined to be a human burial, the lead
archaeologist shall immediately notify the Site Supervisor for the
developer, as well as the Principal Investigator. The Principal
Investigator shall immediately notify the MLD and the Director of
Development Services for the City of Seal Beach. The City shall
provide the Coastal Commission with weekly updates describing
the finds in writing.
Identification of Additional Burials
10
Sunset Marina Boat launch and Dry Boat Storage DEIR.CC Comment Letter
City of Seal Beach Continent Letter re:
Draft DEIR — Sunset 1-larhour Marina Boat Launch Pa king
and Thy Boat Storage Project
June 14, 2004
❑ For all discovered human burials, attempts shall continue to be
made to locate additional burials nearby through hand excavation
techniques. This shall be done through the excavation of 1 x 1 m
exploratory test units (ETUs) placed along transects extending
radially from each identified burial or burial cluster. The spacing
of the ETUs shall be determined upon consultation with the Project
Archaeologist and the MLD. The radial transects shall be designed
to test areas within 50 feet (15 rn) from the edge of each burial or
burial cluster. Excavation of these units shall be limited to areas
containing intact cultural deposit (i.e., areas that have not been
graded to the underlying marine terrace) and shall be excavated
until the marine terrace deposits are encountered, or to the
excavation depth required for the approved grading plan. The soil
from the ETUs along the radial transects shall be screened only if
human remains are found in that unit.
❑ Controlled grading shall be conducted within these 50 -foot
heightened investigation areas with a wheeled motor grader. The
motor grader shall use an angled blade that excavates 1 to 2 inches
at a pass, pushing the spoil to the side to form a low windrow.
Monitors shall follow about 20 feet behind the motor grader,
examining the ground for evidence of burials.
❑ When a burial is identified during controlled grading, the soil in
windrows that may contain fragments of bone from that burial
shall be screened. At a minimum this shall include the soil in the
windrow within 50 feet of the burial in the direction of the grading.
❑ If additional burials are found during controlled grading, additional
ETUs will be hand excavated in the radial patterns described
above.
Burial Removal and Storage
❑ Consultation with the MLD shall occur regarding the treatment of
' discovered human. burials. If the MLD determines it is appropriate
to have discovered human remains pedestaled for removal, that
activity shall be conducted in a method agreed to by the MLD.
❑ After pedestaling or other agreed upon burial removal program is
completed, . the top of a burial shall be covered with paper towels to
act as a cushion, and then a heavy ply plastic will be placed over
the top to retain surface moisture. Duct tape shall be wrapped
around the entire pedestal, securing the plastic bag and supporting
the pedestal. Labels shall be placed on the plastic indicating the
burial number and the direction of true north in relation to the
individual burial. Sections of rebar shall be hammered across . the
bottom of the pedestal and parallel to the ground. When a number
of parallel rebar sections have been placed this way, they shall be
11 •
Sunset Marina Boat launch and Dry Boat Storage DEIR.CC Comment Letter
City of Seal Beach Comment Letter re:
Draft DEIR — Sunset Harbour Marina Boat Launch Parking
and Diy Boat Storage Project
June 14, 2004
lifted simultaneously, cracking the pedestal loose from the ground.
The pedestal shall then be pushed onto a thick plywood board and
lifted onto a pallet. A forklift shall carry the pallet to a secure
storage area or secure storage containers located on the subject
property.
❑ If another agreed upon burial removal program is utilized, that
method shall be carried out in a manner agreed upon after
consultation with the MLD.
Study of Burial Remains
❑ If the burials are removed in pedestal and are incompletely
exposed, osteological studies are necessarily limited to
determination (if possible) of age, sex, position, orientation, and
tratuna or pathology. After consultation, and only upon written
agreement by . the MLD, additional studies that are destructive to
the remains may be undertaken, including radiocarbon dating of
bone or DNA studies. If the MLD determines that only non-
destructive additional studies may be allowed, one shell may be
removed from each burial and submitted for radiocarbon dating.
The assumption here is that the shell would have been part of the
fill for the burial pit, and therefore would provide a maximum age
for the burial.
❑ The MLD may indicate a willingness to consider some additional
exposure and study of the skeletal material removed from the sites.
Such study would not involve removal of the remains from the
project area, but rather would be undertaken near the storage area.
To the extent allowed by the MLD, the bones would be further
exposed within the existing pedestals or other medium containing
the human remains and additional measurements taken.
Consultation with the MLD regarding the feasibility of these
additional studies prior to reburial would occur.
Repatriation of Burials and Associated Artifacts
❑ Once all portions of the project area have been graded to the
underlying culturally sterile marine terrace deposits, or to the
excavation depth required for the approved grading plan, the
repatriation process shall be initiated for all recovered human
remains and associated artifacts. Once a reburial site has been
identified and prepared, the remains and associated artifacts shall
be transported from the secure storage area to the site for reburial.
Appropriate ceremony will be undertaken during this process at the
discretion of the MLD.
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Sunset Marina Boat launch and Dry Boat Storage DEIR.CC Comment Letter
City of Seal Beach Comment Letter re:
Draft. — Sunset Harbour Marina Boat Launch Parking
and ay Boat Storage Project
June 14, 2004
Additional Studies
❑ Considerable additional data relating to regional research issues
may be uncovered if substantial numbers of human burials and
other archaeological features are encountered during the
construction monitoring for the development. If this occurs,
additional analysis will be conducted. The analysis shall be
designed to more completely address the research issues discussed
in the approved "Research Design ", and to provide additional
mitigation of impacts to the sites in light of the new finds. The
following studies would be potentially applicable:
❑ Radiocarbon Dating. In considering the implications of the
burials in interpreting site use and regional settlement, it is
critical to assess the time range represented by the interments.
Do they correspond to the full temporal range of site use, or only
a limited tirneframe? Although direct dating of the bones may
not possible due to the destructive nature of the radiocarbon
technique, the MLD may approve the removal of a single shell
from the interior of each burial for dating. Although this shall
not provide a direct date of the burial, assurning the shell was
part of the burial fill it should provide a maximum age (that is,
the burial should not. be older than the shell). In addition, an
equivalent number of additional samples from non -burial
contexts would also be taken for comparative purposes. These
data would provide a more secure measure of the intensity of
occupation during different periods.
❑ Sediment Cores. Dating results obtained to date on the Hellman
Ranch/John Laing Homes properties may suggest a possible link
between the use of the sites within the project area and the
productivity of the adjacent lagoon and estuary systems. To
assess this link using independent enviromnental data on the
subject property, two sediment cores will be taken from suitable
locations of the property. Sediments in the cores shall be
examined and described in the field by a geologist, and samples
collected for dating and pollen analysis. These data shall then be
used to help reconstruct the habitats present on the property
during the periods the sites were occupied. This analysis shall be
included in the final report documenting the testing, data
recovery, and construction monitoring phases of this
investigation.
❑ Comparative Studies. The substantial assemblage of
artifacts recovered during the monitoring on the Hellman
Ranch/John Laing Homes properties provides a basis for
comparison with other sites and shall contribute to an
13
Sunset Marina Boat launch and Dry Boat Storage DEIR.CC Comment Letter
City of Seal Beach Comment Letter re:
Drcf DEIR — Sunset Harbour Marina Boat Launch Parking
and Thy Boat Storage Project
June 14, 2004
understanding of regional pattems. This analysis shall be
included in the final report (see below).
❑ Animal Interments. Animal intennents may be discovered
within the project area. Because these are not human remains,
somewhat more intensive study is possible. Because these
features are uncommon and represent very culture- specific
religious practices, they are useful in reconstructing cultural areas
during certain times in prehistory. Analysis of animal intennents
will include: (1) exposure to detennine burial position; (2) photo
documentation; (3) examination of skeleton for age /sex;
traumatic injury, pathology, butchering, or other cultural
modification; (4) radiocarbon dating; and (5) examination of
grave dirt for evidence of grave goods or stomach contents.
Curation
❑ Cultural materials recovered from the cultural resources
monitoring and mitigation program for the development shall be
cuiated either at an appropriate facility in Orange County, or, in
consultation with the City, at the San Diego Archaeological
Center.
Preparation of Final. Report
❑ The final technical report shall be prepared and submitted to the
City and CCC within 12 months of the completion of the
archeological field work. The report shall conform to the
guidelines developed by the California Office of Historic
Preservation for Archaeological Resource Management Reports
(ARMR). It will be prepared in sufficient quantity to distribute to
interested regional researchers and. Native American groups. It
shall thoroughly document and synthesize all of the findings from
° all phases of the cultural resources program. Funding shall be
provided by the landowner."
4. Page 1 -15, Table 1.6.A: Summary of Impacts and Mitigation Measures,
Mitigation Measures 4.6 -2, Hydrology and Water. Quality. Revise the
language of this mitigation measure to require a weekly inspection schedule
during the dry season and a bi- weekly inspection schedule during the wet season
for the duration of project construction or until all common areas are landscaped.
This increased inspection schedule is requested due to close distance to the Seal
Beach National Wildlife Refuge and the least tern nesting island located west of
the current boat launch location.
14
Sunset Marina Boat launch and Dry Boat Storage DEIR.CC Comment Letter
City of Seal Beach Continent Letter re:
Drcf DEIR — Sunset Harbour Marina Boat Launch Par zng
and Dry Boat Storage Project
June 14, 2004
5. Page 1 -18, Table 1.6.A: Summary of Impacts and Mitigation Measures,
Mitigation Measures 4.8- 1,Noise. Revise the language of this mitigation
measure to reference the allowable hours for construction activities to those set
forth in the Seal Beach Municipal Code.
6. Page 1 -20, Table 1.6.A: Summary of Impacts and Mitigation Measures,
Mitigation Measures 4.9 -2 and Mitigation Measure 4.9 -7, Public Services.
Revise the language of these mitigation measures to reference the requirements of
the Seal Beach Police Department for inclusion of the following additional
security measure to reduce calls for service to the subject property:
❑ Project Proponent to provide 24 -hour security personnel presence
at the subject site. Such security personnel shall be responsible for
continual surveillance of the project site and to report any fire,
police and/or other required emergency response to the appropriate
responding agency as soon as the need for such emergency
response is apparent. All security .personnel shall undergo a
training and response program with at a minimum the Orange
County Fire Authority, the Seal Beach Police Department, and the
Seal Beach Department of Public Works.
7. Page 2 -1, Section 2.1, first paragraph, first sentence: Please clarify whether
the County of Orange holds a fee title interest in the subject property or if the
County of Orange is a long-term lessor of the subject property from the State
Lands Commission.
8. Page 2 -1, Section 2.1, second paragraph, item (3): the reference needs to be
changed from "Ma.rirke Wildlife Refuge" to "Seal Beach National Wildlife
Refuge." (emphasis added)
9. Page 3 -8, Section 3.2, fourth paragraph, second sentence: Revise to read as
follows:
' " 26: An existing 3.03 -acre . . ."
10. Page 4.1 -2, Section 4.1.1.3, Light and Glare: The section indicates light glare
from night boat launches is temporary, of short duration, and does not affect any
sensitive uses, as none are within close proximity to the project site. The City is
very concerned that the conclusions reached in this statement appear to be
unsupported, and may be incorrect. These concerns are based on the following
factors:
0 The least tern nesting island is located directly to the west of the boat
launch facility; please refer to Figure 4.1.1, View Locations.
❑ Any type of night boat launch activity may impose light glare from either
the boat itself or the launch vehicle, directly towards this nesting area for
an endangered species.
15
Sunset Marina Boat launch and Dry Boat Storage DETR.CC Comment Letter
City of Seal Beach Comment Letter re:
Draft DEIR — Sunset Harbour Marina Boat Launch Parking
and Diy Boat Storage Project
June 14, 2004
❑ There is no citation of any authoritative study or research effort to clearly
document that sudden, unexpected, and potentially obtrusive light glare
impacts will not substantially impair the nesting habits of the least tem.
The City would request provision of additional discussion in the Final EIR to
address the above concerns and do the following:
❑ Provision of additional information regarding any research studies that
have been done that support the conclusion of the Draft EIR regarding "no
impact ", particularly regarding the nesting habits of the endangered least
tern, or
❑ consideration of a mitigation measure that will prohibit night launch
activities between 1 -hour after sunset and 1 -hour before sunrise during the
nesting season of the least tem.
11. Page 4.1 -2, Section 4.1.2.1, Views and View Simulations: The section should
be revised to indicate the distance from each view location discussed to the
project site.
12. Page 4.1 -6, Section 4.1.3.1, Less Than Significant Impacts: The section may
need to be revised based on the determinations of the County regarding potential
night light glare impacts from boat launch operations on the least tem nesting
island during the nesting season of the endangered least tern.
13. Page 4.1 -6, Section 4.1.3.2, Potentially Significant Impacts: The section may
need to be revised based on the determinations of the County regarding potential
night light glare impacts from boat launch operations on the least tern nesting
island during the nesting season of the endangered least tern. The County may
need to develop additional mitigation measures to address the issue of impacts to
the least tern during the nesting season from night boat launch light glare
activities if those are determined to be potentially significant.
14. Page 4.1 -6, Section 4.1.3.2, Potentially Significant Impacts, Light and Glare,
Mitigation Measure: The proposed mitigation measures need to be revised to
indicate that the City of Seal Beach will issue electrical pen for new exterior
lighting fixtures, and that the project proponent may need to reimburse the City
for costs of an independent, third party review of such exterior lighting plans, if
determined necessary by the Director of Development Services.
15. Page 4.1 -8, Section 4.1.4, Cumulative Impacts: The section may need to be
revised based on the determinations of the County regarding potential adverse
impacts to nesting least terns from night boat launch light glare impacts. In
addition, the language in the fourth sentence should be revised to indicate,
"Lighting for the project site and lighting for any present and future projects in the
area must meet County and City of Seal Beach requirements to minimize..."
16
Sunset Marina Boat launch and Diy Boat Storage DEIR.CC Comment Letter
City of Seal Beach Conznzent. Letter re:
Draft DER— Sunset Harbour Marina Boat Launch Parking
and Thy Boat Storage Project
June 14, 2004
16. Page 4.2 -7, Section 4.2.1.3, Local Air Quality: The 8th and 9th sentences are
unclear. Please review and reconcile conflicting statements regarding PM2.5
concentrations.
•
17. Page 4.2 -15, Mitigation Measure 4.2.2: The mitigation measure needs to be
revised to indicate that the "dust suppression plan" shall be approved by the
Director of Development Services for the City of Seal Beach prior to the issuance
of a grading pennit, and that such plan shall also include the "additional
SCAQMD CEQA Air Quality handbook Dust Control Measures set forth at the
top of page 4.2-15.
18. Page 4.6 -10, Municipal Storm Water Permit: This section needs to be revised
to indicate that the City of Seal Beach also has established municipal storm water
permit requirements in accordance with the Orange County Drainage Area
Management Plan and the project will be required to comply with the local City
of Seal Beach standards, as implemented by the provisions of the Seal Beach
Municipal Code, Chapter 9.20, Storm Water Management Plan, and the
provisions of Section 8.0, Construction, of the City of Seal Beach Local
Implementation Plan.
19. Page 4.6 -17, Table 4.6.J: Average Concentrations of Parking Lot Runoff
Constituents: The City of Seal Beach is extremely concerned by the utilization
of parking lot mean concentration levels of various constituents obtained from the
City of Long Beach. The proposed facility is not a standard municipal parking lot
that generally accommodates passenger vehicles and occasional delivery vehicles;
it is a marina facility parking lot and boat storage area, and the constituents of
concerns, and the. mean concentrations of those constituents of concern may be
dramatically different. The analysis should be revised to include actual
characterization studies of the constituents of concern generated at the current
boat launch parking area on the subject site.
20. Page 4.6 -19, Section 4.6.3.2, Potentially Significant Impacts; Surface Water
Quality, Construction: The second paragraph, first sentence needs to be revised
to indicate that "construction sites are subject to inspection by the RWQCB
(State General Construction Activity NPDES pennit
and by the City of Seal Beach Municipal Code."
21. Page 4.6 -20, Section 4.6.3.2, Potentially Significant Impacts, Surface Water
Quality, Operation: The second paragraph, first sentence needs to be revised to
read as follows: "In order to comply with waste discharge requirements of the
municipal NPDES pennit = - - - - -; ..- - _ _- • - - -= = and the City of Seal •
Beach Municipal Code, the conceptual drainage ... "
22. Page 4.6 -22, Table 4.6.L, Project Routine Nonstructural Source Control
BMPs: Identifier SC -20, "Vehicle and Equipment Fueling ", indicates that this
17
Sunset Marina Boat launch and Dry Boat Storage DEIR.CC Comment Letter
City of Seal Beach Comment Letter re:
Draft DEER — Sunset Harbour Marina Boat Launch Parking
and Doy Boat Storage Project
June 14, 2004
measure is not included, indicating that there will be "No on -site fueling ". The
City is concerned that this response may not be correct and that this measure
should be included as an appropriate BMP. Mitigation Measure 4.2 -1 indicates
that: "The grading period will be extended from six to eight weeks." The County
needs to clarify that all equipment utilized during the 8 week grading period will
not require re- fueling while on the site, or include the appropriate routine non-
structural source control BMPs to address this issue.
23. Page 4.6 -23, Table 4.6.N, Project Treatment Control BMPs: Identifiers TC-
12, TC -20, TC -21, TC -22, TC -32, MP -50, indicates that "Site too small" as to
why these measures are not proposed. There needs to be discussion within the
body of the document to explain this conclusion.
24. Page 4.6 -26, Drainage and Erosion: the next to last sentence of the first
paragraph of this section indicates that "The boat wash will drain into the storm
drain system via a wash water treatment system (Aqua Filter)." It is the position
of the City of Seal Beach that all flows from the boat wash should be directed to
the sewer system for treatment, thereby eliminating potential adverse water
quality impacts from this activity on the project site. In addition, the County of
Orange should investigate with the City of Huntington Beach the possibility of
diverting low flow waters from the boat launch facility to the sewer system.
25. Page 4.8 -9, Mitigation Measure 4.8 -1: Item "c)" of this mitigation measure
needs to be revised to state: "All stationary noise - generating sources, such as air
compressors and portable power generators, shall be located as far as possible
from homes and the sensitive habitat areas of the least tern nesting area
located westerly of the existing boat launch facilities."
26. Page 4.8 -9 Mitigation Measure 4.8 -1: This mitigation measure should also be
revised to indicate that construction activities will not occur during the nesting
season of the least tern (March 1 — August 31), as elevated background noise .
levels can adversely impact nesting least terns in the following ways, as discussed
on page 4.8 -6:
❑ Interfere with maintenance of territories;
❑ Interfere with contact between mated birds;
❑ Interfere with warning calls signifying impending threats; interfere with
feeding behavior of the young; and
❑ Interfere with the ability to detect predators.
27. Appendix F — Final Water Quality Impact Analysis Report (March 5, 2004),
page 4 -2, Section 4.2, Source Control BMPS: This section sets forth a number
of source control BMPs, including structural and non - structural BMPs that reduce
or prevent pollution runoff, that have been incorporated into modeling and other
calculations to predict runoff water quality. All 12 measures set forth in this
section should be separately set forth in the appropriate mitigation measures to
18
Sunset Marina Boat launch and Dry Boat Storage DEIR.CC Comment Letter
•
City of Seal Beach Comment Letter re: 'i •
Draft DEIR — Sunset Harbour Marina Boat Launch Parking
and Dry Boat Storage Project .
• June 14, 2004
ensure that all BMPs utilized in the modeling that determined the runoff water
quality are clearly included.
28. Appendix F — Final Water Quality Impact Analysis Report (March 5, 2004),
Appendix A — Bluewater Design Drawings: The drawings in this appendix
appear to be 11' x 17' drawings and were copied in an 8t / %" x 11" format,
rendering the drawings unreadable. Please ensure that correct sized copies of
these "Bluewater Design Drawings" are included in the Final EIR. •
* * * * •
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19
Sunset Marina Boat launch and Dry Boat Storage DEIR.CC Comment Letter
• 4 •
Approval of Comment Letter re: "Draft Environmental Impact Report —
Draft DEIR — Sunset Harbour Marina Boat Launch Parking
and Dry Boat Storage Project
DEIR prepared by County of Orange
City Council Staff Report
June 14, 2004
ATTACHMENT 2
"DRAFT EIR - SUNSET HARBOUR MARINA
BOAT LAUNCH PARKING AND DRY BOAT
STORAGE EXPANSION", PREPARED BY
THE COUNTY OF ORANGE, DATED APRIL
2004
NOTE: PREVIOUSLY PROVIDED TO THE
CITY COUNCIL, NOT PROVIDED WITH
THIS STAFF REPORT. A COPY OF THE
COMPLETE DOCUMENT, INCLUDING THE
TECHNICAL APPENDICES WILL BE
AVAILABLE AT THE CITY COUNCIL
MEETING
27
Sunset Marina Boat Launch DEIR Comment Letter.CC Staff Report
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