HomeMy WebLinkAboutCC AG PKT 2004-04-26 #DD AGENDA REPORT
DATE: April 26, 2004
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: Receive and File — Environmental Quality Control Board
Letter to City of Long Beach re: "Notice of Preparation of
EIR, Long Beach Home Depot" Project
SUMMARY OF REQUEST:
Receive and File.
BACKGROUND:
On April 14 the EQCB considered the NOP for this project and approved a comment
letter to the City of Long Beach regarding the issues that Seal Beach will expect to be
evaluated and mitigated, if necessary, in the evaluation of this proposed project. A copy
of that comment letter is provided as Attachment 1 for the information of the City
Council.
The DEIR will evaluate the potential environmental impacts of a proposed mixed -use
project that will consist of the following major project components:
❑ 191,529 square feet of mixed -use retail - commercial uses on approximately 16.5
acres; the development will comprise 4 different building pads ranging from
approximately 9,050 to 139,500 square feet as follows:
❑ A 104,886 square foot Home Depot store with a 34,643 square foot garden
center;
❑ A 7,000 square foot sit down restaurant with 2,050 square foot outdoor eating
area;
❑ A 30,000 square foot major retail building; and
❑ A 15,000 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;
❑ Conditional Use Permit;
Agenda Item
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Receive and File EQCB Comment Letter re:
"Notice of Preparation of EIR, Long Beach Hone Depot" Project
City Council Staff Report
April 26; 2004
❑ Local Coastal Development Permit; and
❑ Standards Variance.
The comment period on the NOP closed on April 22, 2004. Due to the City Council not
meeting until April 26, 2004 the EQCB reviewed the NOP document and approved a
comment letter regarding the items to be considered in the Draft EIR document.
Upon completion of the Draft EIR by the City of Long Beach, both the EQCB and the City
Council will review the EIR document, with a formal comment letter regarding the Draft
- EIR being approved by the City Council.
FISCAL IMPACT: None
RECOMMENDATION:
Receive and File.
NOTED , i APPROVE
v. i A
Whittenberg Jo . Bahorski •
erector of Development Services • ■ anager
Attachment 1: EQCB Comment Letter dated April 14, 2004 re: "Initial
Study/Notice of Preparation - Draft Environmental Impact Report
—Long Beach Home Depot"
Long Beach Home Deport NOP CC Staff Report 2
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CITY HALL 211 EIGHTH STREET
SEAL BEACH, CALIFORNIA 90740
(562) 431 ■ www.ci.seat- beach.ca.0 •
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` 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 continents 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 III. AIR QUALITY:
Item III.c — Result in a cumulatively considerable net increase of any criteria
pollutant for which the project region is nonattainment under an applicable federal
or state ambient air quality standard (including releasing emissions which exceed
quantitative thresholds for ozone property)?
Z \EQCB \City of Long Beach CEQA \Long Beach Home Depot Project NOP EQCB Comment Letter doc \LW \04 -14 -04
City of Seal Beach Environmental Quality Control Board
Comment Letter re: Notice of Preparation —
Long Beach Home Depot Project
April 14, 2004
Concern of the City of Seal Beach:
The City feels that response is proper, but requests that clear analysis be
conducted which shows the potential affects of fugitive dust emissions as a result
of the construction process, and what mitigation will be employed to reduce those
impacts to a level of non - significance.
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,
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:
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Long Beach Home Depot Project NOP EQCB Comment Letter
City of Seal Beach Environmental Quality Control Board
Comment Letter re • Notice of Preparation —
Long Beach Home Depot Project
April 14, 2004
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
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.b — Create a significant hazard to the public or the environment through
the routine transport, use, or disposal of hazardous materials?
Concern of the City of Seal Beach:
The City feels that the response is proper, but has a concern that there is no
discussion regarding the disposal of the 36 inches of settled sludge collected from
the bottom of all four storage tanks, which resides in Tank 4. The NOP does
address the removal of soils contaminated with substances determined to be at
hazardous concentrations but does not address the removal of the hazardous waste
contained in Tank 4. The EIR should address the impact of and mitigation
measures to control any contamination of the San Gabriel River, College Park
West, and Leisure World Seal Beach.
Item VII. HAZARDS AND HAZARDOUS MATERIALS:
Item VIM — 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:
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Lone Beach Horne Depot Project NOP EQCB Comment Letter
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Cdty of Seal Beach Environmental Quality Control Board
Comment Letter re: Notice of Preparation —
Long Beach Horne Depot Project
April 14, 2004
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 Citv 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
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 Citv 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
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Long Beach Home Depot Project NOP EQCB Comment Letter
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City of Seal Beach Environmental Quality Control Board
Comment Letter re • Notice of Preparation —
Long Beach Home Depot Project
April 14, 2004
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 must also address potential impacts from truck routes to and from the site.
These impacts are both construction related, and the proposed hazardous materials
removal addressed previously in this letter. The most appropriate route should be
along Studebaker to and from the freeway, and should not be through the City of
Seal Beach along Westminster Avenue. The DEIR should be specific about the
proposed route, and the impacts associated with this type of traffic.
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,
7 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 7th
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.
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Long Beach Home Depot Project NOP EQCB Comment Letter
City of Seal Beach Environmental Quality Control Board
Comment Letter re Notice of Preparation —
Long Beach Home Depot Project
April 14, 2004
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.
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.
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Long Beach Home Depot Project NOP EQCB Comment Letter
City of Seal Beach Environmental Quality Control Board
Comment Letter re: Notice of Preparation —
Long Beach Home Depot Project
Apr l 14, 2004
Sincerely,
. , G
John Unrath
Chairman, Environmental Quality Control Board
City of Seal Beach
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Distribution:
Seal Beach City Council
Seal Beach Planning Commission
Seal Beach Environmental Quality Control Board
City Manager Director of Development Services
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Long Beach Home Depot Project NOP EQCB Comment Letter
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